Consti 1 Reviewer PDF

Political Law Bar Reviewer 2014
POLITICAL LAW It is the basic and paramount law to which all other
laws must conform and to which all persons, including
the highest officials of the land, must defer. No act
Political Law – That branch of public law which deals
shall be valid, however noble its intention, if it
with the organization and operations of the
conflicts with the Constitution. The Constitution must
governmental organs of the State and defines the
ever remain supreme. All must bow to the mandate of
relations of the State with the inhabitants of its
this law. Right or wrong, the Constitution must be
territory.
upheld as long as the sovereign people have not
changed it.
Scope/Divisions of Political Law:
1. Constitutional Law – the study of the maintenance
Parts of a Constitution:
of the proper balance between authority as
1. the Constitution of Liberty, which states the
represented by the three inherent powers of the
fundamental rights of the people;
state and liberty as guaranteed by the Bill of
2. the Constitution of Government, which
Rights.
establishes the structure of government, its
2. Administrative Law – That branch of public law
branches and their operation;
which fixes the organization, determines the
3. the Constitution of Sovereignty, which provides
competence of administrative authorities who
how the Constitution may be changed.
executes the law, and indicates to the individual
remedies for the violation of his right.
Interpretation:
3. Law on Municipal Corporations
1. VerbaLegis—whenever possible, the words used
4. Law of Public Officers
in the Constitution must be given their ordinary
5. Elections Law
meaning except where technical terms are
employed.
Constitution Statute
2. When there is Ambiguity—ratio legiset anima--A
legislation direct from the legislation from the
people; people’s representative; doubtful provision shall be examined in the light
of the history of the times and the conditions and
states general principles; provides the details of the circumstances under which the Constitution was
subject matter of framed. (Civil Liberties Union vs. Executive
which it treats; Secretary, 194 SCRA 317)
3. Utmagisvaleat quam pereat—the Constitution has
intended not merely to intended primarily to
meet existing conditions; meet existing conditions to be interpreted as a whole. (Francisco vs. HR,
only; G.R. No. 160261, November 10, 2003)
it is the fundamental law it conforms to the If the plain meaning of the word is not found to be
of the State Constitution clear, resort to other aids is available—construe the
Constitution from what “appears upon its face”. The
proper interpretation, therefore, depends more on
CONSTITUTIONAL LAW how it was understood by the people adopting it than
in the framers’ understanding thereof.In case of
Constitution – it is the document which serves as the doubt, the provision should be considered as self-
fundamental law of the State; that body of rules and executing; mandatory rather than directory; and
maxims in accordance with which the power of prospective rather than retroactive.
sovereignty are habitually exercised.
Which Article is part of the Constitution of
That written instrument enacted by direct action of Sovereignty?
the people by which the fundamental powers of the
government are established, limited and defined, and a) Art. III. Bill of Rights
by which those powers are distributed among the b) Art. VI. Legislative Department
several departments for their safe and useful exercise c) Art. VIII. Judiciary
for the benefit of the body politic. d) Art. XVII. Amendments or Revisions
Page | 1 Edited by: Chaz Llanes

Essential parts of a good written Constitution: Partial Unconstitutionality (Requisites):
1. The legislature must be willing to retain the valid
1. Constitution of Liberty – sets forth the portion(s), usually shown by the presence of a
fundamental civil and political rights of the separability clause in the law – INTENT OF THE
citizens and imposes limitations on the powers of LEGISLATIVE; and
the government as a means of securing the 2. The valid portion can stand independently as law
enjoyment of those rights. e.g. Bill of Rights – INDEPENDENCE OF THE PROVISIONS.
2. Constitution of Government – outlines the
organization of the government, enumerates its
powers, lays down certain rules relative to its ARTICLE I. THE NATIONAL TERRITORY
administration and defines the electorate. e.g.
Legislative, Executive and Judicial Departments, Section 1. The national territory comprises the
Constitutional Commissions Philippine archipelago, with all the islands and
3. Constitution of Sovereignty – the provisions waters embraced therein, and all other territories
pointing out the mode or procedure in accordance over which the Philippines has sovereignty or
with which formal changes in the fundamental law jurisdiction, consisting of its terrestrial, fluvial and
may be brought about. e.g. Art. XVII-Amendments aerial domains, including its territorial sea, the
or Revisions seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and
Constitutions have three (3) parts. They include the connecting the islands of the archipelago, regardless
constitution of liberty, the constitution of government of their breadth and dimensions, form part of the
and the constitution of sovereignty. The Constitution internal waters of the Philippines.
of Government:
1. The Philippine archipelago
a) States the fundamental rights of the people 2. All other territories over which the Philippines has
b) Provides how the constitution may be sovereignty or jurisdiction
changed 3. Terrestrial, fluvial, territorial sea, sea bed, subsoil
c) Establishes the structure of government, its and insular shelves and other submarine areas
branches and operation 4. Aerial domain [“air space”]
d) Defines what laws are unconstitutional
UNCLOS Terms
Effects of Declaration of Unconstitutionality:(2
Views) 1. Internal waters – the waters around, between and
1. ORTHODOX VIEW – connecting the island of the archipelago [foreign
a. an unconstitutional act is not a law; ships cannot navigate w/o consent, except if right
b. it confers no rights; of innocent passage previously existed]
c. it imposes no duties; 2. Territorial sea – the waters within 12 miles from
d. it affords no protection; the base line [part of territory and exercises full
e. it creates no office; sovereignty but there’s right of innocent passage]
f. it is inoperative, as if it had not been passed at “maritime belt”
all. 3. Contiguous zone – the waters not exceeding 24
miles from the base line. State exercises control to
2. MODERN VIEW – Courts simply refuse to prevent and punish breach of customs,
recognize the law and determine the rights of the immigration and sanitary laws
parties as if the statute had no existence. Certain 4. Exclusive economic zone – the waters within 200
legal effects of the statute prior to its declaration miles from the base line. State can explore,
of unconstitutionality may be recognized. Thus, a manage and exploit living and non-living
public officer who implemented an resources. [freedom of navigation, right of over-
unconstitutional law prior to the declaration of flight]
unconstitutionality cannot be held liable (Ynot vs. 5. Continental shelf – the sea bed and sub-soil,
IAC). whichextends throughout the natural
prolongation of its land territory to the extent of
350 miles or to within 200 miles if the natural (UNCLOS), it consists of drawing imaginary baseline
prolongation does not go beyond Statecan explore connecting the outermost islands of the archipelago in
and exploit living andnon-living resources. which all waters, islands is considered as one
6. High Seas integrated whole. An archipelago is defined as group
of islands, interconnecting waters and other natural
Modes of acquiring territories: features which are so closely interrelated that such
1. Discovery and Occupation – which are terra nullius islands, waters and natural features form an intrinsic
(land belonging to no one) geographical, economic and political entity, or which
Doctrine of Effective Occupation – discovery alone historically been regarded as such. Correlate this
is not enough. Mere discovery gives only an doctrine to right of innocent of passage, right of
inchoate right to the discoverer. For title to finally arrival under stress and UNCLOS requiring the
vest, discovery must be followed by effective designation of archipelagic seaways so that foreign
occupation in a reasonable time and attestation of vessels may pass through an archipelago.
the same.
2. Cession by Treaty – Examples are Treaty of Paris, Components of National Territory:
treaty between France and US ceding Louisiana to 1. Terrestrial – land mass on which the inhabitants
the latter and treaty between Russia and US live;
ceding Alaska to the latter; 2. Fluvial – maritime;
3. Prescription –a concept under the Civil Code. a. Internal or national waters – bodies of water
Territory may also be acquired through within the land mass, among them are:
continuous and uninterrupted possession over a 1) Rivers – which may be:
long period of time. However, in international law, a) National
there is no rule of thumb as to the length of time b) Boundary – divides the territories
for acquisition of territory through prescription. In of States
this connection, consider the Grotius Doctrine of c) International – flows thru various
immemorial prescription, which speaks of States
uninterrupted possession going beyond memory. i. Thalweg Doctrine – for
4. Conquest or Subjugation (conquistadores) – this is boundary rivers, in the absence
no longer recognized, inasmuch as the UN Charter of an agreement between the
prohibits resort to threat or use of force against riparian states, the boundary
the territorial integrity or political independence line is laid on the middle of the
of any state; and main navigable channel.
5. Accretion – another concept in the Civil Code. It is ii. Middle of the Bridge Doctrine –
the increase in the land area of the State, either where there is a bridge over a
through natural means, or artificially, through boundary river, the boundary
human labor. line is the middle or center of
the bridge.
“xxx The waters around, between and connecting the 2) Bays and gulfs – a bay is a well-marked
islands of the archipelago, regardless of their breadth indentation whose penetration is in such
and dimensions, form part of the internal waters of proportion to the width of its mouth as to
the Philippines.” – This second sentence of Article I is contain land-locked waters and
not the Archipelago Doctrine. This is only our constitutes more than a curvature of the
restatement/reaffirmation of our adherence to the coast. Also referred to as juridical bay. The
Archipelago Doctrine simply because we are an area must be as large as, or larger than, a
archipelago consisting of 7,107 islands. It is essential semi-circle whose diameter is a line drawn
for our national survival that we adhere to the across the mouth of such indentation, or if
archipelago principle. the mouth is less than 24 miles wide.
3) Straits – narrow passageways connecting
Archipelago Doctrine – merely emphasizes the unity 2 bodies of water. If the distance between
of lands and waters. It is a body of waters the 2 opposite coast is not more than 6
interconnected with other natural features. Under the miles, they are considered internal waters.
United Nation Convention on the Law of Sea
Note:In international law, when a strait the case of archipelagic states, from the
within a country has a width of more than baselines.
six (6) miles, the center lane in excess of
the three (3) miles on both sides is Baseline – is a line from which the breadth of
considered international waters. the territorial sea, the contiguous zone and
4) Canals – the most famous is the Suez the exclusive economic zone is measured in
Canal, which is neutralized, and the order to determine the maritime boundary of
Panama Canal, which is open to everyone the coastal state.
in times of war or peace.
Types of baseline:
b. Archipelagic waters – are the waters enclosed a) Normal Baseline Method
by the archipelagic baselines, regardless of b) Straight Baseline method
their depth or distance from the coast.
d. Contiguous Zone – extends up to 12 nautical
Archipelagic State – a state made up wholly of miles from the territorial sea; this shall not
one or two archipelagos. It may include other exceed 24 nautical miles from the archipelagic
islands. baselines.
The coastal state may exercise limited
Straight Archipelagic Baseline – to determine jurisdiction over the contiguous zone:
the archipelagic waters, the state shall draw a) To prevent infringement of customs, fiscal
straight baselines connecting the outermost immigration or sanitary laws and
points of the outermost islands and drying regulations within its territory or
reefs, provided that the ratio of the area of territorial sea; and
the water to the area of the land, including b) To punish infringement of the above laws
atolls, is between 1:1 and 9:1. The length of and regulations committed within its
such baselines shall not exceed 100 nautical territory.
miles, except up to 3% of the total number of
baselines enclosing any archipelago may e. Exclusive Economic Zone – shall not extend
exceed that length, up to a maximum 125 beyond 200 nautical miles from the
miles. The baselines drawn should not depart, archipelagic baselines.
to any appreciable extent, from the general
configuration of the archipelago. All the f. Continental shelf – it is the seabed and subsoil
waters within the baselines shall then be of the submarine areas extending beyond the
considered internal waters. The breadth of the Philippine territorial sea throughout the
12-mile territorial sea, the contiguous zone, natural prolongation of the land territory. It
the exclusive economic zone and the extends up to:
continental shelf shall then be measured from a) The outer edge of the continental margin;
the archipelagic baselines. or
b) A distance of 200 nautical miles from the
Note: Vessels may be allowed innocent archipelagic baselines, whichever is the
passage within the archipelagic waters, but farthest.
this right may be suspended, after publication,
in the interest of international security. The The continental shelf does not form part of
coastal state may also designate archipelagic the Philippine territory. The Philippines has
sea lanes for continuous, unobstructed transit the sovereign rights over the continental shelf
of vessels. for the purpose of exploring it and exploiting
its natural resources.
c. Territorial Sea – the belt of the sea located
between the coast and the internal waters of g. High Seas – treated as res communes, thus,
the coastal state on the other hand, and the not territory of any particular State. These are
high seas on the other, extending up to 12 the waters which do not constitute the
nautical miles from the low-water mark, or in internal waters, archipelagic waters, territorial
sea and exclusive economic zones of a state. d) Taking photos of the coastal defenses of a
They are beyond the jurisdiction and coastal state
sovereign rights of States.
Under the archipelagic doctrine, within the EEZ, a state
Freedom of navigation – refers to the right to can:
sail ship on the high sea, subject to
international law and the laws of the flag of a) Punish violation of its criminal statutes
the state. b) Enforce its customs and immigration laws
c) Exploit economic resources and conduct
3. Aerial – this refers to the air space above the land scientific research
and waters of the State. d) Prevent foreign ships from passing.
Under the UNCLOS, the state’s territorial sea extends 1989, No. 20: What do you understand by the
to the waters within: Archipelagic Doctrine? Is it reflected in the
Constitution?
a) 12 nautical miles from the base line
b) 24 nautical miles from the base line The archipelagic doctrine emphasizes the unity of land
c) 200 nautical miles from the base line and waters by defining an archipelago either as a
d) Not more than 350 miles from the base line group of islands surrounded by waters, or a body of
water studded with islands. For this purpose it
The Philippine territory extends up to: requires that baselines be drawn by connecting the
appropriate points of the outermost islands to encircle
a) The territorial sea the islands within the archipelago. The waters on the
b) The contiguous zone landward side of the baselines regardless of breath or
c) The exclusive economic zone dimensions are considered internal waters.
d) The continental shelf
1991, No. 15: Define:
The Philippines exercise full sovereignty and
jurisdiction over its: (e) Continental shelf - the seabed and subsoil of the
submarine areas extending beyond the Philippine
a) The territorial sea territorial sea to the extent of 350 miles or to within
b) The contiguous zone 200 miles if the natural prolongation does not go
c) The exclusive economic zone beyond State can explore and exploit living and non-
d) The continental shelf living resources.
Over-flights of foreign aircrafts are not permitted (i) innocent passage - guarantees that all vessels,
without the consent of the state above its: whatever flag that they are flying, can freely cross all
territorial seas
a) The territorial sea
b) The contiguous zone 2000, 19: What is the basis of the Philippine’s claim to
c) The exclusive economic zone a part of the Spratly islands? Discuss briefly.
d) The continental shelf
The basis of the Philippine claim is effective
Which is a proper exercise of the right of innocent occupation of a territory not subject to the
passage? sovereignty of another state. The Japanese forces
occupied the Spratly Island group during the Second
a) Passing of a ship within the territorial sea of World War. However, under the San Francisco Peace
another in transit to a foreign port Treaty of 1951 Japan formally renounced all right and
b) Fishing within the exclusive economic zone of claim to the Spratlys. The San Francisco Treaty or any
a coastal state other International agreement however, did not
c) Laying submarine cable within the continental designate any beneficiary state following the Japanese
shelf of another state renunciation of right. Subsequently, the
Spratlysbecame terra nullius and was occupied by the 2003, 19: What is outer space?
Philippines in the title of sovereignty. Philippine
sovereignty was displayed by open and public There are several schools of thought regarding the
occupation of a number of islands by stationing of determination of outer space, such as the limit of air
military forces, by organizing a local government unit, flight, the height of atmospheric space, infinity, the
and by awarding petroleum drilling rights, among lowest altitude of an artificial satellite, and an altitude
other political and administrative acts. In 1978, it approximating aerodynamic lift. Another school of
confirmed its sovereign title by the promulgation of thought proceeds by analogy to the law of the sea. It
Presidential Decree No. 1596, which declared the proposes that a State should exercise full sovereignty
Kalayaan Island Group part of Philippine territory. up to the height to which an aircraft can ascend. Non-
militant flight instrumentalities should be allowed
Do you consider the Spratlys Group of Islands as part over a second area, a contiguous zone of 300 miles.
of Philippine Archipelago?Spratlys Group of Islands is Over that should be outer space. The boundary
not part of the Philippine Archipelago because it is too between airspace and outer space has not yet been
far away from the three main islands of the defined.
Philippines. It is found, geographically, almost in the
middle of the South China Sea. It is not part of the Outer space is the space beyond the airspace
Philippine Archipelago. Historically, when we talk surrounding the Earth or beyond the national
about Philippine Archipelago, we refer to those islands airspace. In law, the boundary between outer space
and waters that were ceded by the Spain to the and airspace has remained undetermined. But in
United States by virtue of Treaty of Paris in 1898. And theory, this has been estimated to be between 80 to
that did not include the Spratlys Group of Islands yet. 90 kilometers.
Under the treaty, the islands that were ceded by Spain
were identified – the main islands – Luzon, Visayas Outer space in this estimate begins from the lowest
and Mindanao. Clearly, it did not include the Spratlys altitude an artificial satellite can remain in orbit.
Group of Islands. Under the Moon Treaty of 1979 the moon and the
other celestial bodies form part of outer space.
Do you consider the Spratlys group of Islands as part
of our National Territory? Yes. Article I provides: “The In outer space, the space satellites or objects are
national territory comprises the Philippine under the jurisdiction of States of registry which
archipelago, x xx, and all other territories over which covers astronauts and cosmonauts. This matter is
the Philippines has sovereignty or jurisdiction, x xx.” covered by the Registration of Objects in Space
The Spratlys Group of Islands falls under the second Convention of 1974 and the Liability for Damage
phrase “and all other territories over which the Caused by Spaced Objects Convention of 1972.
Philippines has sovereignty or jurisdiction”. It is part of
our national territory because Philippines exercise 2004, 2: Distinguish between:
sovereignty (through election of public officials) over 1. Territorial sea and internal waters of the
Spratlys Group of Islands. Philippines
What is the concept of the exclusive economic zone 1. TERRITORIAL SEA is an adjacent belt of sea with a
under the UN Convention on the Law of the Sea? breadth of twelve nautical miles measured from the
baselines of a state and over which the state has
The EXCLUSIVE ECONOMIC ZONE is a zone extending sovereignty. (Articles 2 and 3 of the Convention on the
up to 200 nautical miles from the baselines of a state Law of the Sea) Ships of all states enjoy the right of
over which the coastal state has sovereign rights for innocent passage through the territorial sea. (Article
the purpose of exploring and exploiting, conserving 14 of the Convention on the Law of the Sea)
and managing the natural resources, whether living or
nonliving, of the waters superjacent to the seabed and Under Section 1, Article I of the 1987 Constitution, the
of the seabed and subsoil, and with regard to other INTERNAL WATERS of the Philippines consist of the
activities for the economic exploitation and waters around, between and connecting the islands of
exploration of the zone. the Philippine Archipelago, regardless of their breadth
and dimensions, including the waters in bays, rivers
and lakes. No right of innocent passage for foreign Can a state pass laws prohibiting passage of foreign
vessels exists in the case of internal waters. (Harris, vessels within its territorial waters which are
Cases and Materials on International Law, 5th ed., archipelagic sea lanes?
1998, p. 407)
In the absence of municipal legislation, international
Internal waters are the waters on the landward side of law norms, now codified in UNCLOS III, operate to
baselines from which the breadth of the territorial sea grant innocent passage rights over the territorial sea
is calculated. (Brownlie, Principles of Public or archipelagic waters, subject to the treaty’s
International Law, 4th ed., 1990, p. 120) limitations and conditions for their
exercise.Significantly, the right of innocent passage is
2. Contiguous zone and exclusive economic zone a customary international law, thus automatically
incorporated in the corpus of Philippine law. No
CONTIGUOUS ZONE is a zone contiguous to the modern State can validly invoke its sovereignty to
territorial sea and extends up to 12 nautical miles absolutely forbid innocent passage that is exercised in
from the territorial sea and over which the coastal accordance with customary international law without
state may exercise control necessary to prevent risking retaliatory measures from the international
infringement of its customs, fiscal, immigration or community. (Magalona v. Ermita, July 16, 2011)
sanitary laws and regulations within its territory or
territorial sea. (Article 33 ofUNCLOS) Regime of Islands: Islands which generate their own
applicable maritime zones.
The EXCLUSIVE ECONOMIC ZONE is a zone extending
up to 200 nautical miles from the baselines of a state PactaSuntServanda – the time-honored international
over which the coastal state has sovereign rights for principle that demands the performance in good faith
the purpose of exploring and exploiting, conserving of treaty obligations on the part of the states that
and managing the natural resources, whether living or enter into the agreement; every treaty in force is
nonliving, of the waters superjacent to the seabed and binding upon the parties to it and must be performed
of the seabed and subsoil, and with regard to other by them in good faith.
activities for the economic exploitation and
exploration of the zone. (Articles 56 and 57 of the Sec. 121, UNCLOS: shall not “depart to an appreciable
Convention on the Law of the Sea.) extent from the general configuration of the
archipelago”
2005, 1 (c): Enumerate the rights of a coastal state in
the Exclusive Economic Zone. ARTICLE II. DECLARATION OF PRINCIPLES
AND STATE POLICIES
In the EXCLUSIVE ECONOMIC ZONE, the coastal State
has sovereign rights for the purpose of exploring and Self-Executing and Non-Self-Executing provisions –
exploiting, conserving and managing the natural “As against constitutions of the past, modern
resources, whether living or non-living, of the waters constitutions have been generally drafted upon a
superjacent to the seabed and of the seabed and its different principle and have often become in effect
subsoil, and with regard to other activities for the extensive code of laws intended to operate directly
economic exploitation and exploration of the zone, upon the people in a manner similar to that of
such as the production of energy from the water, statutory enactments… Hence unless it is expressly
currents and winds in an area not extending more provided that a legislative act is necessary to enforce a
than 200 nautical miles beyond the baseline from constitutional mandate, the presumption now is that
which the territorial sea is measured. Other rights all provisions of the constitution are self-executing.”
include the production of energy from the water, (Manila Hotel v. GSIS, 1997)
currents and winds, the establishment and use of
artificial islands, installations and structures, marine Self-executing provision—one which is complete in
scientific research and the protection and itself and becomes operative without the aid of
preservation of the marine environment. (Art. 56, U.N. supplementary or enabling legislation, or that which
Convention on the Law of the Sea) supplies a sufficient rule by means of which the right it
grants may be enjoyed or protected.
because the same has without legal title.
Note: In case of doubt, the provision should be been withdrawn from it a. De facto proper –
considered as self-executing. or because it has not yet government that gets
actually entered into the possession and control of,
exercise thereof. or usurps, by force or by
Art. XII, Sec. 10, paragraph 2. xxxIn the grant of rights,
the voice of the majority,
privileges and concessions covering national economy the rightful legal
and patrimony, the state shall give preference to government and
qualified Filipinos. maintains itself against
the will of the latter;
1. Provisions of the Bill of Rights are self-executing b. Government of
Paramount Forces –
2. The Declarations of Principles and State Policies
established and
are not self-executing. maintained by the
military forces who
invade and occupy a
Section 1. The Philippines is a democratic and territory of the enemy in
republican State. Sovereignty resides in the people the course of war;
and all government authority emanates from them. c. Independent Gov’t –
established by the
inhabitants of the country
STATE – a community of persons, more or less who rise in insurrection
numerous, permanently occupying a definite portion against the parent State.
of territory, independent of external control, and
possessing a government to which a great body of Constituent and Ministrant Functions
inhabitants render habitual obedience. a. Constituent—compulsory because constitutive of
the society;
Elements of State: b. Ministrant—undertaken to advance the general
1. People – the inhabitants of the State; the # of interest of the society; merely optional.
which is capable for self-sufficiency and self-
defense; of both sexes for perpetuity. Doctrine of ParensPatriae– the government as
a. Inhabitants; guardian of the rights of the people may initiate legal
b. Citizens; actions for and in behalf of particular individual.
c. Electors. (Government of the Philippine Islands vs. Monte de
2. Territory – a fixed portion of the surface of the Piedad, 35 SCRA 738; Cabañas vs. Pilapil, 58 SCRA 94)
earth inhabited by the people of the State.
3. Government – the agency or instrumentality 4. Sovereignty – the supreme and uncontrollable
through which the will of the State is formulated, power inherent in a State by which that State is
expressed and realized. governed.
Government of the Philippines – refers to the It is the right to exercise the functions of a State to the
corporate governmental entity through which the exclusion of any other State. While sovereignty has
functions of the government are exercised throughout traditionally been deemed absolute and all-
the Philippines, including, save as the contrary encompassing on the domestic level, it is however
appears from the context, the various arms through subject to restrictions and limitations voluntarily
which political authority is made effective in the agreed to by the Philippines, expressly or impliedly, as
Philippines, whether pertaining to the autonomous a member of the family of nations. In its Declaration of
regions, the provincial, city, municipal or barangay Principles and State Policies, the Constitution adopts
subdivisions or other forms of local government. the generally accepted principles of international law
as part of the law of the land, and adheres to the
De Jure and De Facto Government policy of peace, equality, justice, freedom,
cooperation and amity, with all nations. By the
De Jure De Facto doctrine of incorporation, the country is bound by
Has a rightful title but no Actually exercises the generally accepted principles of international law,
power or control, either power or control but

which are considered to be automatically part of our with concern for “equality, peace, freedom and
own laws. justice.
Sovereignty, often referred to as Imperium – is the How may international law be made part of Philippine
State’s authority to govern; it includes passing laws domestic law?
governing a territory, maintaining peace and order
over it, and defending it against foreign invasion. It is 1. By incorporation – by mere constitutional
the government authority possessed by the State declaration, international law is deemed to have
expressed in the concept of sovereignty. the force of domestic law.
2. By transformation – pursuant to Article VII,
Dominium – is the capacity of the State to own or Section 21 of the Constitution which provides that
acquire property such as lands and natural resources. “[n]o treaty or international agreement shall be
(Lee Hong Hok vs. David, No. L-30389, December 27, valid and effective unless concurred in by at least
1972; Separate Opinion of Justice Kapunan in Cruz vs. two-thirds of all the members of the Senate.”
Secretary of DENR, G.R. No. 135385, December 2000) (Pharmaceutical v. Duque III, 535 SCRA 205
[2007])
Jurisdiction – is the manifestation of sovereignty.
1. Territorial—power of the State over persons and Incorporation Clause:
things within its territory subject to its control and
protection. Examples of generally accepted principles:
2. Personal—power of the State over its nationals, 1. Mejoff v. Director [prolonged detention]
which may be exercised by the state even if the 2. Marcos v. Manglapus [right to return]
individual is outside the territory of the State. 3. Kuroda v. Jalandoni [set up military tribunals]
3. Extraterritorial—power of the State over persons, 4. Reyes v. Bagatsing [protection of diplomatic
things or acts beyond its territorial limits by premises]
reason of their effects to its territory. 5. Tanada v. Secretary, [pactasuntservanda]
6. Magallona v. Ermita [right of innocent passage]
2011 Bar, No. 91. A government that actually exercises
power and control as opposed to the true and lawful No. 1, 1997: What do you understand by the Doctrine
government is in terms of legitimacy of Incorporation in Constitutional Law?
a) a government of force. The DOCTRINE OF INCORPORATION means that the

b) an interim government. rules of International law form part of the law of the
c) a de facto government. land and no legislative action is required to make
d) an illegitimate government. them applicable to a country. The Philippines follows
this doctrine, because Section 2. Article II of the
Section 2. The Philippines renounces war as an Constitution states that the Philippines adopts the
instrument of national policy, adopts the generally generally accepted principles of international law as
accepted principles of international law as part of the part of the law of the land.
law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity The doctrine is applied whenever municipal tribunals
with all nations.[Incorporation Clause] or local courts are confronted with situations in which
there appears to be a conflict between a rule of
1. Renunciation of war – the power to wage a international law and the provisions of the
defensive war is of the very essence of sovereignty Constitution or statute of a State. Efforts should first
2. Adoption of international law – nothing more than be exerted to harmonize them so as to give effect to
a formal acceptance of a principle to which all both. In case of conflict between international law and
civilized nations must conform municipal law, the latter shall prevail. However, the
3. Adherence to policy of peace, equality, justice, doctrine dictates that rules of international law are
freedom, cooperation, and amity – “selfish policy” given equal standing with, and are not superior to,
– the guiding principle of Philippine foreign policy national legislative enactments.
is the national interest. However, this is tempered
Lex posterior derogate priori – in States where the
constitution is the highest law of the land, both In case of conflict between a provision of a treaty and
statutes and treaties may be invalidated if they are in a provision of the Constitution, the provision of the
conflict with the Constitution. (Secretary of Justice vs. Constitution should prevail. Section 5(2)(a), Article VIII
Lantion, G.R. No. 139465, January 18, 2000) of the 1987 Constitution authorizes the nullification of
a treaty when it conflicts with the Constitution.
In Philip Morris, Inc. vs. CA, the fact that the (Gonzales v. Hechanova, 9 SCRA 230 [1963]).
international law has been made part of the law of the
land does not by any means imply the primacy of No. 16, 2003:An organization of law students
international law over national law in the municipal sponsored an inter-school debate among three teams
sphere. with the following assignment and propositions for
each team to defend. If you were given a chance to
Doctrine of Autolimitation – It is the doctrine where choose the correct proposition, which would you take
the Philippines adheres to principles of international and why?
law as a limitation to the exercise of its sovereignty.
A. International law prevails over municipal law.
No. 10, 2000: The Philippines has become a member B. Municipal law prevails over international law
of the WTO and resultantly agreed that “it shall ensure C. A country’s Constitution prevails over international
the conformity of its laws, regulations and law but international law prevails over municipal
administrative procedures with its obligations as statutes.
provided in the annexed Agreements.” Consequently,
Congress could not pass legislations that will be good International Law and municipal law are supreme in
for our national interest and general welfare if such their own respective fields. Neither has hegemony
legislation will not conform with the WTO Agreements. over the other. (Brownlie, Principles of Public
The provision of the treaty is: International Law, 4th ed. p. 157) Under Article II,
Section 2 of the 1987 Constitution, the generally
a) Unconstitutional, it limits the plenary power accepted principles of international law form part of
of Congress the law of the land. Since they merely have the force
b) Unconstitutional, because it limits the of law, if it is Philippine courts that will decide the
sovereignty of the Philippines case, they will uphold the Constitution over
c) Constitutional, because the Philippines must international law. If it is an international tribunal that
abide by international agreements in good will decide the case, it will uphold international law
faith over municipal law. As held by the Permanent
d) Constitutional, because treaties are superior International Court of Justice in the case of the Polish
to the Constitution Nationals in Danzig, a State cannot invoke its own
Constitution to evade obligations incumbent upon it
According to Tanada v. Angara, 272 SCRA 18 (1997), under international law.
the sovereignty of the Philippines is subject to
restriction by its membership in the family of nations It may also be contended that C is nearer to the legal
and the limitations imposed of treaty limitations. reality in the Philippines, namely, "A country's
Section 2. Article II of the Constitution adopts the Constitution prevails over international law but
generally accepted principles of international law as international law prevails over municipal statutes".
part of the law of the land. One of such principles is
pactasuntservanda. The Constitution did not envision This is, however, subject to the place of international
a hermit-like isolation of the country from the rest of law in the Philippine Constitutional setting in which
the world. treaties or customary norms in international law stand
in parity with statutes and in case of irreconcilable
2004, No. 10. In case there is a conflict between a conflict, this may be resolved by /ex posteriori
provision of the treaty and a provision of the derogatlex priori as the Supreme Court obiter dictum
Constitution, in a jurisdiction and legal system like in Abbas v. COMELEC holds. Hence, a statute enacted
ours, which should prevail: the provision of the treaty later than the conclusion or effectivity of a treaty may
or of the Constitution? Why? prevail.
authority belonging to the PNP. In fact, the Metro
In the Philippine legal system, there are no norms Manila Police Chief is the overall leader of the PNP-
higher than constitutional norms. The fact that the Marines joint visibility patrols. Under the LOI, the
Constitution makes generally accepted principles of police forces are tasked to brief or orient the soldiers
international law or conventional international law as on police patrol procedures. It is their responsibility to
part of Philippine law does not make them superior to direct and manage the deployment of the marines. It
statutory law, as clarified in Secretary of Justice v. is, likewise, their duty to provide the necessary
Lantion and Philip Morris decisions. equipment to the Marines and render logistic support
to these soldiers. In view of the foregoing, it cannot be
2008, 1 (b): Under international law, differentiate properly argued that military authority is supreme
“hard law” from “soft law.” over civilian authority.
“Soft law” are non-binding norms, principles and It is worth mentioning that military assistance to
practices that influence state behavior. “Soft law” civilian authorities in various forms persists in
does not fall into any of the categories of international Philippine jurisdiction. The Philippine experience
law set forth in Article 38, Chapter III of the 1946 reveals that it is not averse to requesting the
Statute of the International Court of Justice. Certain assistance of the military in the implementation and
declarations and resolutions of the UN General execution of certain traditionally “civil” functions.
Assembly fall under this category. [Duque]
2003, No. 1: Art. II, Sec. 3 of the 1987 Constitution
“Hard law” is used to designate a norm or a rule of expresses, in part, that the “Armed Forces of the
conduct accepted and recognized by the International Philippines is the protector of the people of and the
community of states as a whole, as a source of law State.” Describe briefly what this provision means. Is
binding on them. It produces obligations which when the Philippine National Police covered by the same
breached gives rise to international responsibility. mandate?
Which is considered a “soft-law?” Article II, Section 3 of the 1987 Constitution means
that the Armed Forces of the Philippines should not
a) Universal Declaration of Human Rights serve the interest of the President but of the people
b) Geneva Conventions of 1941 and should not commit abuses against the people.
c) Statute of Rome This provision is specifically addressed to the AFP and
d) United Nations Charter not to the Philippine National Police, because the
latter is separate and distinct from the former.
Section 3. Civilian authority is, at all times, supreme
over the military. The Armed Forces of the Philippines It may also be argued that Article II, Section 3 of the
is the protector of the people and the State. Its goal 1987 Constitution can be interpreted to mean that the
is to secure the sovereignty of the State and the AFP can be a legitimate instrument for the overthrow
integrity of the national territory. [Civilian of the civilian government if it has ceased to be the
Supremacy Clause] servant of the people. This provision does not apply to
the Philippine National Police, because it is separate
IBP v. Zamora – The deployment of the Marines does and distinct from the Armed Forces of the Philippines.
not violate the civilian supremacy clause nor does it
infringe the civilian character of the police force. 2006, No. 6 (c): What constitutional provisions
institutionalize the principle of civilian supremacy?
The calling of the marines in this case constitutes
permissible use of military asset for civilian law The following constitutional provisions institutionalize
enforcement. x xx The limited participation of the the principle of civilian supremacy:
Marines is evident in the provisions of the Letter of a. Civilian authority is at all times supreme over the
Instruction (LOI) itself, which sufficiently provides the military. [Article II, Section 3]
metes and bounds of the Marines’ authority. It is b. The installation of the President, the highest
noteworthy that the local police forces are the ones civilian authority, as the Commander-in-Chief of
charge of the visibility patrols at all times, the real the military. [Article VII, Section 18]
c. The requirement that members of the AFP swear service provision of then 1935 Constitution. It said
to uphold and defend the Constitution, which is that: “x xx. The duty of the Government to defend the
the fundamental law of the civil government. State cannot be performed except through an army.
[Article XVI, Section 5(1)] To leave the organization of an army to the will of the
d. The requirement that members of the AFP shall citizens would be to make this duty to the
have respect for people's rights in the Government excusable should there be no sufficient
performance of their duty. [Article XVI, Section men who volunteer to enlist therein…x xx the right of
5(2)] the Government to require compulsory military
e. Professionalism in the armed forces. [Article XVI, service is a consequence of its duty to defend the
Section 5(3)] State and is reciprocal with its duty to defend the life,
f. Insulation of the AFP from partisan politics. liberty, and property of the citizen. x xx.”
[Article XVI, Section 5(3)]
g. Prohibition against the appointment of an AFP 2009, No. 1 (c): TRUE or FALSE. Answer TRUE if the
member in the active service to a civilian position. statement is true, or FALSE if the statement is false.
[Article XVI, Section 5(4)] Explain your answer in not more than two (2)
h. Compulsory retirement of officers without sentences.
extension of service. [Article XVI, Section 5(5)]
i. Requirement of proportional recruitment from all (c) A law that makes military service for women merely
provinces and cities, so as to avoid any regional voluntary is constitutional.
clique from forming within the AFP. [Article XVI,
Section 5(7)] It is the duty of the people to defend the State when
j. A 3-year limitation on the tour of duty of the Chief the government calls upon them. All citizens may be
of Staff, which although extendible in case of required, under conditions provided by law, to render
emergency by the President, depends on personal military, or civil service
Congressional declaration of emergency. [Article
XVI, Section 5(6)] 1973 Constitution: “The defense of the State is a
prime duty of the Government and the people…”
The establishment of a police force that is not only
civilian in character but also under the local Note: Military service vs. Freedom of religion
executives. [Article XVI, Section 5(7)]
Section 5. The maintenance of peace and order, the
Section 4. The prime duty of the Government is to protection of life, liberty, and property, and
serve and protect the people. The Government may promotion of the general welfare are essential for
call upon the people to defend the State and, in the the enjoyment by all the people of the blessings of
fulfillment thereof, all citizens may be required, democracy.
under conditions provided by law, to render personal,
military or civil service. Right to bear arms - It is statutory and not a
constitutional right. The license to carry a firearm is
Does the Philippines renounce defensive war? No, neither a property nor a property right. Neither does it
because it is duty bound to defend its citizens. Under create a vested right. Even if it were a property right,
the Constitution, the prime duty of the government is it cannot be considered absolute as to be placed
to serve and protect the people. beyond the reach of police power. The maintenance
of peace and order, and the protection of the people
Posse Commitatus – it is the power of the state to against violence are constitutional duties of the State,
require all able-bodied citizens to perform civic duty and the right to bear firearm is to be construed in
to maintain peace and order. connection and in harmony with these constitutional
duties.(Chavez vs. Romulo, G.R. No. 157036 [2004])
In People vs. Lagman, 66 Phil. 13, the accused in this
case, prosecuted for failure to register for military Section 6. The separation of Church and State shall be
service under the National Defense Act, assailed the inviolable.
validity of the Act. The Supreme Court upheld the law
on the basis of the compulsory military and civil 1. Sec. 6, Art. II
2. Sec. 5, Art. III—No law shall be made respecting employer and the minister as an employee. It is purely
an establishment of religion, or prohibiting the secular and has no relation whatsoever with the
free exercise thereof. The free exercise and practice of faith, worship or doctrine of the church.
enjoyment of religious profession and worship,
without discrimination or preference, shall forever STATE POLICIES
be allowed. No religious test shall be required for
the exercise of civil and political rights. Section 7. The State shall pursue an independent
3. Sec. 2 (5), Art. IX-C—religious sect cannot be foreign policy. In its relations with other states, the
registered as political party paramount consideration shall be national
4. Sec. 5 (2), Art. VI—no sectoral representative from sovereignty, territorial integrity, national interest,
the religious sector and the right to self-determination.[Independent
5. Sec. 28 (3), Art. VI—Charitable institutions, Foreign Policy]
churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all Which provision of the Declaration of Principles and
lands, buildings, and improvements, actually, State policies have been declared by the Supreme
directly, and exclusively used for religious, Court to be self-executing?
charitable, or educational purposes shall be
exempt from taxation. a) Sec. 9, promotion of a dynamic social order
6. Sec. 29 (2), Art. VI—No public money or property b) Sec. 10, promotion of social justice
shall be appropriated, applied, paid, or employed, c) Sec. 16, right to a balance and healthful
directly or indirectly, for the use, benefit, or ecology
support of any sect, church, denomination, d) Sec. 27, equal access to opportunities to
sectarian institution, or system of religion, or of public service
any priest, preacher, minister, or other religious
teacher, or dignitary as such, except when such Section 8. The Philippines, consistent with the
priest, preacher, minister, or dignitary is assigned national interest, adopts and pursues a policy of
to the armed forces, or to any penal institution, or freedom from nuclear weapons in its territory.
government orphanage or leprosarium. [Freedom from Nuclear Weapons]
7. Sec. 3 (3), Art. XIV—At the option expressed in
writing by the parents or guardians, religion shall Section 9. The State shall promote a just and dynamic
be allowed to be taught to their children or wards social order that will ensure the prosperity and
in public elementary and high schools within the independence of the nation and free the people from
regular class hours by instructors designated or poverty through policies that provide adequate social
approved by the religious authorities of the services, promote full employment, a rising standard
religion to which the children or wards belong, of living, and an improved quality of life for all.[Just
without additional cost to the Government. and Dynamic Social Order]
8. Sec. 4 (2), Art. XIV—Filipino ownership
requirement for educational institutions, except Tondo Medical Center v. CA, 527 SCRA 746 (2007)–
those established by religious groups and mission [Sections 5, 9. 10, 11, 13, 18] – Fiscal Autonomy for
boards. Government Hospitals
In Austria vs. NLRC and CPU Mission Corp. of the 7th Section 10. The State shall promote social justice in
Day Adventists, G.R. No. 124382, August 16, 1999, an all phases of national development.
ecclesiastical affair involves the relationship between
the church and its members and relates to matter of In BFAR v. COA, 562 SCRA 134 (2008), BFAR invokes
faith, religious doctrines, worship and governance of the provisions of the 1987 Constitution on social
the congregation. Examples of these affairs in which justice to warrant the grant of the Food Basket
the State cannot meddle are proceedings for Allowance. The SC ruled that the social justice
excommunication, ordination of religious ministers, provisions of the Constitution are not self-executing
administration of sacraments, and other activities to principles ready for enforcement through the courts.
which is attached religious significance. In this case, They are merely statements of principles and policies.
what is involved is the relationship of the church as an To give them effect, legislative enactment is required.
As held in Kilosbayan Incorporated v. Morato, the 1987 Constitution elaborated on the concept of social
principles and state policies enumerated in Article II justice by devoting an entire article, Article XIII, to it.
and some sections of Article XII are "not self-executing
provisions, the disregard of which can give rise to a Under Section 5, Article II of the 1935 Constitution
cause of action in the courts. They do not embody provided, "The promotion of social justice to insure
judicially enforceable constitutional rights but the well-being and economic security of all the people
guidelines for legislation." should be the concern of the State." While this
provision embodied the concept of social justice as an
Social justice: “humanization of laws and the obligation of the State to alleviate the plight of the
equalization of social and economic forces by the underprivileged by removing Inequities, it simply
State so that justice in its rational and objectively made a general policy declaration and focused on
secular conception may at least be approximated. social and economic inequities.
Social justice means the promotion of the welfare of
all the people, the adoption by the Government of In the 1987 Constitution, social Justice is
measures calculated to insure economic stability of all conceptualized as a set of specific economic, social
the competent elements of society, through the and cultural rights. The 1987 Constitutional provision
maintenance of a proper economic and social on social justice includes all phases of national
equilibrium in the interrelations of the members of development. It includes economic, political, social
the community, constitutionally, through the adoption and cultural rights.
of measures legally justifiable, or extraconstitutionally,
through the exercise of powers underlying the 2. In Calalang v. Williams, 70 Phil. 726, social justice
existence of all governments on the time-honored was defined as "neither communism nor despotism,
principle of saluspopuliestsupremalex. nor atomism, nor anarchy, but the humanization of
laws and the equalization of social and economic
Social justice, therefore, must be founded on the forces by the State so that justice in its rational and
recognition of the necessity of interdependence objectively secular conception may at least be
among divers and diverse units of a society and of the approximated. Social justice means the promotion of
protection that should be equally and evenly extended the welfare of all the people, the adoption by the
to all groups as a combined force in our social and government of measures calculated to insure
economic life, consistent with the fundamental and economic stability of all the competent elements of
paramount objective of the state of promoting the society, through the maintenance of a proper
health, comfort, and quiet of all persons, and of economic and social equilibrium in the interrelations
bringing about “the greatest good to the greatest of the members of the community,"
number. (Calalang v. Williams)
On the other hand, Section 6, Article II of the 1973
1995, No. 1: Constitution provided. The State shall promote social
1. Discuss the concept of social justice under the justice to ensure the dignity, welfare, and security of
1987 Constitution. all the people. Toward this end, the State shall
2. How does it compare with the old concept of social regulate the acquisition, ownership, use, enjoyment,
justice under the 1973 and the 1935 Constitution? and disposition of private property, and equitably
diffuse property ownership and profits." This provision
1. Section 10, Article II of the 1987 Constitution expounded on the concept of social justice by
provides "The State shall promote social justice in all expressly mentioning the regulation of property and
phases of national development". As stated in the equitable diffusion of ownership.
Marquez vs. Secretary of Labor, 171 SCRA 337, social
justice means that the State should assist the Section 11. The State values the dignity of every
underprivileged. Without such help, they might not be human person and guarantees full respect for human
able to secure justice for themselves. Since the rights.[Respect for Human Rights]
provision on social justice in the 1987 Constitution
covers all phases of national development, it is not Section 12. The State recognizes the sanctity of family
limited to the removal of socio-economic inequities life and shall protect and strengthen the family as a
but also includes political and cultural inequities. The basic autonomous social institution. It shall equally
protect the life of the mother and the life of the valid cause of action in questioning the grant of
unborn from conception. The natural and primary Timber Licensing Agreements (TLAs) for commercial
right and duty of parents in the rearing of the youth logging purposes. The minors filed the action for
for civic efficiency and the development of moral themselves as representing “their generation as well
character shall receive the support of the as generations yet unborn”. The SC, on the basis of
Government. [Sanctity of the Family] Section 16, Article II linked with the right to health,
recognized a “right to a balanced and healthful
Section 13. The State recognizes the vital role of the ecology” and “the correlative duty to refrain from
youth in nation-building and shall promote and impairing the environment”.
protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth Section 17. The State shall give priority to education,
patriotism and nationalism, and encourage their science and technology, arts, culture, and sports to
involvement in public and civic affairs.[Role of the foster patriotism and nationalism, accelerate social
Youth] progress, and promote total human liberation and
development.[Priority of Education]
Kilosbayan, Inc. v. Morato, 246 SCRA 540 (1995)–
[Sections 5, 12, 13 17] In PRC vs. De Guzman, G.R. No. 144681, June 21,
2004, while it is true that the SC has upheld the
Section 14. The State recognizes the role of women in constitutional right of every citizen to select a
nation-building, and shall ensure the fundamental profession or course of study subject to fair,
equality before the law of women and men. [Equality reasonable, and equitable admission and academic
of Men and Women] requirements, the exercise of this right may be
regulated pursuant to the police power of the State to
In PT&T Co. vs. NLRC, G.R. No. 118978, May 23, 1997, safeguard health, morals, peace, education, order,
the SC held that the petitioner’s contracts marriage, safety and general welfare. Thus, persons who desire
runs afoul of the test of, and the right against, to engage in the learned professions requiring
discrimination, which is guaranteed all women scientific or technical knowledge may be required to
workers under the Constitution. While a requirement take an examination as a prerequisite to engaging in
that a woman employee must remain unmarried may their chosen careers. This regulation assumes
be justified as a “bona fide occupational qualification” particular pertinence in the field of medicine, in order
where the particular requirements of the job would to protect the public from the potentially deadly
demand the same, discrimination against married effects of incompetence and ignorance.
women cannot be adopted by the employer as a
general principle. In PMMS, Inc. vs. CA, 244 SCRA 770, the Court said
that the requirement that a school must first obtain
Section 15. The State shall protect and promote the government authorization before operating is based
right to health of the people and instill health on the State policy that educational programs and/or
consciousness among them. [Right to Health] operations shall be of good quality and, therefore,
shall at least satisfy minimum standards with respect
Section 16. The State shall protect and advance the to curricula, teaching staff, physical plant and facilities
right of the people to a balanced and healthful and administrative and management viability.
ecology in accord with the rhythm and harmony of
nature. Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers
Exception to “non-self-executing provisions” rule: and promote their welfare.[Promotion of the Rights
Oposa v. Factoran (1993) – Cancellation of timber of Workers]
license agreement
In the case of Bernardo vs. NLRC, G.R. No. 122917,
In Oposa vs. Factoran, Jr., 224 SCRA 792, it was held July 12, 1999, the SC held that the Magna Carta for
that the 34 minors duly joined by their respective Disabled Persons mandates that qualified disabled
parents pleading the cause of “inter-generational persons be granted the same terms and conditions of
responsibility” and “inter-generational justice”, had a employment as qualified able-bodied employees;
thus, once they have attained the status of regular Section 22. The State recognizes and promotes the
workers, they should be accorded all the benefits rights of indigenous cultural communities within the
granted by law, notwithstanding written or verbal framework of national unity and development..
contracts to the contrary. This treatment is rooted not [Rights of Indigenous Cultural Communities]
merely in charity or accommodation, but in justice for
all. Section 23. The State shall encourage non-
governmental, community-based, or sectoral
Section 19. The State shall develop a self-reliant and organizations that promote the welfare of the
independent national economy effectively controlled nation.[Role of NGOs]
by Filipinos.[Independent Economy]
Kilosbayan v. Morato, 250 SCRA 131 (1995)
Aside from envisioning a trade policy based on
“equality and reciprocity”, the fundamental law A contract of lease was entered between the
encourages industries that are “competitive in both Philippine Charity Sweepstakes Office and the
domestic and foreign markets,” thereby Philippine Gaming Management Corp. whereby PGMC
demonstrating a clear policy against a sheltered leased on-line lottery equipment to PCSO. The rentals
domestic trade environment, but one in favor of the would be paid from the proceeds of the lottery.
gradual development of robust industries that can Kilosbayan, an organization of civic-spirited citizens,
compete with the best in the foreign markets.(Tanada challenges the new contract on the ground that it is
v. Angara, 272 SCRA 18 [1997]) substantially the same as the old one; that it violates
the PCSO Charter; and it was executed without public
Section 20. The State recognizes the indispensable bidding. Does Kilosbayan have standing?
role of the private sector, encourages private
enterprise, and provides incentives to needed a) No, because Kilosbayan is not a real party in
investments.[Role of Private Enterprise] interest, not being a party to the contract
b) Yes, because under the Declaration of
In Association of Philippine Coconut Desiccators vs. Principles the state recognizes the role of
PCA, G.R. No. 110526, February 10, 1998, the SC said NGO’s
that although the Constitution enshrines free c) Yes, because Kilosbayan is composed of
enterprise as a policy, it nevertheless reserves to the taxpayers and the contract involved
Government the power to intervene whenever disbursement of government funds
necessary for the promotion of the general welfare as d) Yes, because the question is one of
reflected in Sections 6 & 19 of Article XII. transcendental importance
In Pest Management Association of the Philippines Legal standing means that the matter maybe brought
vs. Fertilizer and Pesticide Authority, G.R. No. by concerned citizens, taxpayers or voters who sue in
156041, February 21, 2007 and Pharmaceutical and public interest. To determine whether such parties
Health Care Association of the Philippines vs. Sec. have such a personal stake in the outcome of the
Duque III, G.R. No. 173034, October 9, 2007, it was controversy, the following must be established:
held that despite the fact that “our present 1. direct and personal interest;
Constitution enshrines free enterprise as a policy”, it 2. has sustained or is in immediate danger of
nevertheless reserves to the Government the power sustained some direct injury; and
to intervene whenever necessary to promote the 3. has been or is about to be denied some right or
general welfare. Free enterprise does not call for privilege. (Valmonte v. PCSO)
removal of ‘protective regulations’. It must be clearly
explained and proven by competent evidence just In the case, there is no showing of particularized
exactly how such protective regulation would result in interest or an allegation of public funds being
the restraint of trade. misspent to make the action one of public interest.
Section 21. The State shall promote comprehensive Test to determine real party in interest: Whether he is
rural development and agrarian reform. the party who would be benefited or injured by the
judgment or the party entitled to the avails of the suit.
and social progress. At but to its constituency.
Petitioners invoke Sec. 5, 7 and 12 of the Constitution. the same time, it relieves
However, these are not self-executing provisions, the the central government
of the burden of
disregard of which can give rise to a cause of action in
managing local affairs and
the courts. They do not embody judicially enforceable
enables it to concentrate
constitutional rights but guidelines for on national concerns. The
legislation.Thus, while constitutional policies are President exercises
invoked, this case involves basically questions of general supervision over
contract law. More specifically, the question is them, but only to ensure
whether petitioners have a legal right which has been that local affairs are
administered according
violated.
to law. He has no control
over their acts in the
In actions for the annulment of contracts, such as this sense that he can
action, the real parties are those who are parties to substitute their
the agreement or are bound either principally or judgments with his own.
subsidiarily or are prejudiced in their rights with
respect to one of the contracting parties and can show In Lina vs. Pano, G.R. No. 129093, August 30, 2001,
the detriment which would positively result to them the SC said that the basicrelationship between the
from the contract. Petitioners do not have such national legislature and the local government units
present substantial interest as would entitle them to has notbeen enfeebled by the new provisions in the
bring this suit. Denying to them the right to intervene Constitution strengthening the policy oflocal
will not leave without remedy any perceived illegality autonomy. Without meaning to detract from that
in the execution of government contracts. policy, Congress retains control ofthe LGUs although
in a significantly reduced degree now under our
Section 24. The State recognizes the vital role of previousConstitutions. The power to create still
communication and information in nation- includes the power to destroy. The power to grant still
building.[Role of Communication] includes the power to withhold or recall. True there
are notable innovations inthe Constitution, like the
Section 25. The State shall ensure the autonomy of direct conferment on the LGUs of the power to tax
local governments. whichcannot now be withdrawn by mere statute. By
and large, however, the nationallegislature is still the
In Basco vs. PAGCOR, 197 SCRA 52, the SC held that principal of LGUs, which cannot defy its will or modify
the local autonomy under the1987 Constitution simply or violate it.Ours is still a unitary form of government,
means “decentralization”, and does not make the not a federal state. Being so, any form ofautonomy
localgovernments sovereign within the State or an granted to local governments will necessarily be
imperium in imperio. limited and confined withinthe extent allowed by the
central authority.
Decentralization of Decentralization of
Administration Power In Judge Dadole vs. COA, G.R. No. 125350, December
The central gov’t It involves an abdication 3, 2002, even as we recognizethat the Constitution
delegates administrative of political power in favor guarantees autonomy to LGUs, the exercise of local
powers to political of the LGUs declared autonomyremains subject to the power of control by
subdivisions in order to autonomous. In that case,
Congress and the power of generalsupervision by the
broaden the base of gov’t The autonomous gov’t is
and in the process to free to chart its own President. xxx The President can only interfere in the
make local governments destiny and shape its own affairs andactivities of a LGU if he finds that the latter
more responsive and future with minimum had acted contrary to law. The President, orany of his
accountable, and ensure intervention from central alter egos, cannot interfere in local affairs as long as
their fullest development authorities. It amounts to the concerned LGU actswithin the parameters of the
as self-reliant self-immolation, since in law and the Constitution. Any directive, therefore, by
communities and make that event, the
thePresident or any of his alter egos seeking to alter
them more effective autonomous government
partners in the pursuit of becomes accountable not the wisdom of a law-conformingjudgment on local
national development to the central authorities affairs of a LGU is a patent nullity, because it violates

the principle oflocal autonomy, as well as the doctrine
of separation of powers of the executive andlegislative b) What are the constitutional provisions on women?
departments in governing municipal corporations.
a) Yes, the concept of People Power is recognized in
Section 26. The State shall guarantee equal access to the Constitution. Under Section 32, Article VI of the
opportunities for public service and prohibit political Constitution, through initiative and referendum, the
dynasties as may be defined by law. [Equal Access to people can directly propose and enact laws or
Public Service] approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the
In Pamatong vs. COMELEC, G.R. No. 161872, April 13, registration of a petition therefor signed by at least
2004, the SC said that this provision does not bestow a ten per centum of the total number of registered
right to seek the Presidency; it does not contain a voters, of which every legislative district must be
judicially enforceable constitutional right and merely represented by at least three per centum of the
specifies a guideline for legislative action. The registered voters thereof.
provision is not intended to compel the State to enact
positive measures that would accommodate as many Under Section 16, Article XIII of the Constitution, the
as possible into public office. The privilege may be right of the people and their organizations to effective
subjected to limitations. One such valid limitation is and reasonable participation at all levels of social,
the provision of the Omnibus Election Code on political and economic decision-making shall not be
nuisance candidates. abridged. The State shall, by law facilitate the
establishment of adequate consultation mechanisms.
Section 27. The State shall maintain honesty and
integrity in the public service and take positive and Under Section 2. Article XVII of the Constitution, the
effective measures against graft and people may directly propose amendments to the
corruption.[Honesty in Public Service] Constitution through initiative upon a petition of at
least twelve per centum of the total number of
Section 28. Subject to reasonable conditions registered voters, of which every legislative district
prescribed by law, the State adopts and implements must be represented by at least three per centum of
a policy of full public disclosure of all its transactions the registered voters therein.
involving public interest. [Policy of Public Disclosure]
1989, No. 3 / 2000 No. 5: State at least 3
1994, No. 1: What is the state policy on: constitutional provisions reflecting the State policy on
transparency in matters of public interest. What is the
a) Working women (XI, Sec. 14] purpose of said policy?
b) Ecology
c) symbol of statehood (XVI, Sec. 1) The following are the constitutional provisions
d) cultural communities reflecting the State policy on transparency in matters
e) Science and technology of public interest:
a) Section 14, Article XIII 1. "Subject to reasonable conditions prescribed by

b) Section 16, Article II law, the State adopts and Implements a policy of
c) Section 1, Article XVII;andSection 2, Article XVI full public disclosure of all its transactions
d) Section 22, Article II; Section 5, Article XII; Section involving public interest." (Section 28, Article II)
6, Art. XIII; and Section 17, Article XIV 2. The right of the people to information on matters
e) Section 17, Article II; Section 14, Article XII; Sub- of public concern shall be recognized. Access to
section 2, Section 3, Article XIV; Section 10, Article official records, and to documents, and papers
XIV; Section 11, Article XIV; and Section 12, Article pertaining to official acts, transactions, or
XIV decisions, as well as to government research data
used as basis for policy development, shall be
2000, 9: afforded to citizen, subject to such limitations as
a) Is people power recognized in the 1987 may be provided by law." (Section 7, Article III)
Constitution?
3. The records and books of accounts of the c. Duals
Congress shall be preserved and be open to the 2. Aliens
public in accordance with law, and such books 3. Stateless individuals
shall be audited by the Commission on Audit
which shall publish annually an itemized list of Usual modes of acquiring citizenship:
amounts paid to and expenses incurred for each 1. By Birth
Member." (Section 20. Article VI) a. Jus sanguinis-by blood
4. The Office of the Ombudsman shall have the b. Jus soli-by birth
following powers, functions, and duties: 2. By Naturalization
x xx 3. By Marriage
(6) Publicize matters covered by its
investigation when circumstances so warrant The Philippine law on citizenship adheres to the
and with due prudence," (Sec. 12, Article XI) principle of JUS SANGUINIS. Thereunder, a child
5. "A public officer or employee shall, upon follows the nationality or citizenship of the parents
assumption of office, and as often as thereafter regardless of the place of his birth, as opposed to the
may be required by law, submit a declaration doctrine of JUS SOLI which determines the nationality
under oath of his assets, liabilities, and net worth. or citizenship on the basis of place of birth. (Valles vs.
In the case of the President, the Vice President, COMELEC, 337 SCRA 543)
the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions Modes (by birth) applied in the Philippines:
and other constitutional offices, and officers of
the armed forces with general or flag rank, the 1. Before the adoption of the 1935 Constitution
declaration shall be disclosed to the public in the a. Jus Sanguinis. All inhabitants of the islands
manner provided by law." (Section 17, Article XI) who were Spanish subjects on April 11, 1899,
6. "Information on foreign loans obtained or and residing in the islands who did not declare
guaranteed by the Government shall be made their intention of preserving Spanish
available to the public." (Section 21 Article XII) nationality between said date and October 11,
1900, were declared citizens of the Philippines
As explained In Valmonte v. Belmonte, 170 SCRA 256 [Sec. 4, Philippine Bill of 1902; Sec. 2, Jones
(1989), the purpose of the policy is to protect the Law of 1916], and their children born after
people from abuse of governmental power. If access April 11,1899. (en masse Filipinization)
to information of public concern is denied, the b. Jus Soli. Those declared as Filipino citizens by
postulate "public office is a public trust" would be the courts are recognized as such today, not
mere empty words. because of the application of the jus soli
principle, but principally because of the
ARTICLE IV. CITIZENSHIP doctrine of res judicata.
Citizenship – is membership in a political community 2. After the adoption of the 1935 Constitution: Only
which is personal and more or less permanent in the Jus Sanguinis doctrine.
character.
Section 1. The following are citizens of the
Nationality – is membership in any class or form of Philippines:
political community. Thus, nationals may be citizens [if
member of a democratic community] or subjects [if 1. Those who are citizens of the Philippines at the
members of a monarchial community]. It does not time of the adoption of this Constitution;
necessarily include the right or privilege of exercising
political and civil rights. 2. Those whose fathers or mothers are citizens of
the Philippines;
Classification:
1. Citizens 3. Those born before January 17, 1973, of Filipino
a. Natural-born mothers, who elect Philippine Citizenship upon
b. Naturalized reaching the age of majority; and
In Tecson vs. COMELEC, G.R. No. 161434, March 3,
4. Those who are naturalized in the accordance 2004 (on the controversy surrounding the citizenship
with law. of FPJ), the Court took note of the fact that Lorenzo
Pou (grandfather of FPJ), who died in 1954 at the age
Rosalind Ybasco Lopez was born on May 16, 1934 in of 84 years of age, would have been born sometime in
Australia, to spouses TelesforoYbasco, a Filipino citizen 1870, when the Philippines was under the Spanish
and native of Daet, Camarines Norte, and Theresa rule, and that San Carlos, Pangasinan, his place of
Marquez, an Australian. Is she a Filipino citizen and, residence upon his death in 1954, in the absence of
therefore, qualified to run for Governor of her any other evidence, could have well been his place of
province? residence before death, such that Lorenzo Pou would
have benefited from the “en masse Filipinization” that
Historically, she was born a year before the 1935 the Philippine Bill of 1902 effected. That Filipino
Constitution took into effect and at that time, what citizenship of Lorenzo Pou, if acquired, would thereby
served as the Constitution of the Philippines were the extend to his son, Allan F. Poe (father of FPJ). The
organic acts by which the US governed the country. 1935 Constitution, during which regime FPJ has seen
These were the Philippine Bill of July 1, 1902 and the first light, confers citizenship to all persons whose
Philippine Autonomy Act of August 29, 1916, also fathers are Filipino citizens regardless of whether such
known as the Jones Law. children are legitimate or illegitimate.
These laws defined who were deemed to be citizens Note: If illegitimate child of Filipino father and alien
of the Philippine Islands. xxx Under both organic acts, woman, he is FILIPINO. However, the father must be
all inhabitants of the Philippines who were Spanish known, and filiation be established. There is no
subjects on April 11, 1899 and resided therein distinction as to whether or not the child is legitimate.
including their children are deemed to be Philippine
citizens. Private respondent’s father, Telesforo, was In Republic v. Lim (2004), the illegitimate child of a
born on January 5, 1879 in Daet, Camarines Norte, a Filipina woman and alien man is a FILIPINO as there is
fact duly evidenced by a certified true copy of an entry no distinction as to whether or not the child is
in the registry of Births. Thus, under the Philippine Bill legitimate.
of 1902 and the Jones Law, TelesforoYbasco was
deemed to be a Philippine citizen. By virtue of the Under Section 1(3), Art. IV, which provides “those
same laws, which were the law in force at the time of born before Jan. 17, 1973 of Filipino mothers who
her birth, Rosalind Ybasco Lopez is likewise a citizen of elect Philippine citizenship upon reaching the age of
the Philippines. majority”, must an illegitimate child of a Filipino
woman and an alien man also elect? NO! This
The signing into law of the 1935 Constitution has provision applies only to legitimate children. If
established the principle of jus sanguinis as basis for illegitimate, no need of election. The constitutional
the acquisition of Philippine citizenship xxx. This and statutory requirements of electing Filipino
principle confers citizenship by virtue of blood citizenship apply only to legitimate children. In said
relationship. It was subsequently retained under the case of Republic vs. Lim, it was held that the
1973 and 1987 Constitutions. respondent, who was concededly an illegitimate child
considering that her Chinese father and Filipino
Thus, herein private respondent, Rosalind Ybasco mother were never married, is not required to comply
Lopez, is a Filipino citizen, having been born to a with said constitutional and statutory requirements.
Filipino father. The fact of her being born in Australia Being an illegitimate child of a Filipino mother,
is not tantamount to her losing her Philippine respondent became a Filipino upon birth. Record
citizenship. If Australia follows the principle of jus soli, shows that respondent elected Filipino citizenship
then at most, private respondent can also claim when she reached the age of majority. She registered
Australian citizenship resulting to her possession of as a voter in Misamis Oriental when she was 18 years
dual citizenship. (Valles vs. COMELEC, 337 SCRA 543, old. The exercise of the right of suffrage and the
August 9, 2000) participation in election exercises constitute a positive
act of electing Philippine citizenship.

Note: Both parents are Filipinos – The Constitution b) No, because he was born in the US which
does not distinguish whether child is legitimate or follows the jus soli principle
illegitimate. c) No, because the fact the he carried an
American passport proves that he is an
2011, No. 62: A child born in the United States to a American
Filipino mother and an American father is: d) No, because his mother, being a Mexican, he
has a dual citizenship
a) a Filipino citizen by election.
b) a repatriated Filipino citizen. Since X was born in the United States, which follows
c) a dual citizen. jus soli, X is also an American citizen. In accordance
d) a natural born Filipino citizen. with Aznar vs. Commission, on Elections, 185 SCRA
703, the mere fact a person with dual citizenship
1990, No. 3: Y was elected Senator in the May 1987 registered as an alien with the Commission on
national elections. He was born out of wedlock in 1949 Immigration and Deportation does not necessarily
of an American father and a naturalized Filipina mean that he is renouncing his Philippine citizenship.
mother. Y never elected Philippine citizenship upon Likewise, the mere fact that X used an American
reaching the age of majority. Is Y a natural-born passport did not result in the loss of his Philippine
Filipino citizen? citizenship. As held in Kawakita vs. United States, 343
U.S. 717, since a person with dual citizenship has the
a) No, because he failed to elect Philippine rights of citizenship in both countries, the use of a
citizenship upon reaching the age of majority. passport issued by one country is not inconsistent
b) No, because while he is not required to elect, with his citizenship in the other country.
he is not natural-born Filipino
c) No, because he follows the citizenship of his 1998, No. 4: Andres Ang was born of a Chinese father
father and a Filipino mother in Sorsogon on Jan. 20, 1973. In
d) Yes, because being illegitimate, election does 1988, his father was naturalized as a Filipino citizen.
not apply to him (by virtue of the fact that his On May 11, 1998, Ang was elected Representative of
mother is a Filipino) the First District of Sorsogon. Is Ang a natural born
citizen of the Philippines?Yes! Note he was born on
Y is a Filipino citizen. More than that, he is a natural January 20, 1973.
born citizen of the Philippines qualified to become a
Senator. Since Y is an illegitimate child of a Filipino Three Questions:
mother, he follows the citizenship of his mother. He
need not elect Philippine citizenship upon reaching 1. Who can elect?
the age of majority as held in re Mallare, 59 SCRA 45.
In Osias v. Antonino, Electoral Case No. 11, August 6, Three requisites:
1971, the Senate Electoral Tribunal held that the a. the child must be legitimate
illegitimate child of an alien father and a Filipino b. the mother must be Filipino and father is alien
mother is a Filipino citizen and is qualified to be a c. must be born before Jan. 17, 1973 (when the
Senator. 1935 constitution was in effect)
1996, No. 8: X was born [a legitimate child] in the No. 1, 1993: In 1964, Ruffa, a Filipina domestic helper
United States of a Filipino father and a Mexican working in HK, went to Taipeh for a vacation, where
mother. He returned to the Philippines when he was she met Cheng SioPao, whom she married. Under
26 years of age, carrying an American passport and he Chinese Law, Ruffa automatically became a Chinese
was registered as an alien with the Bureau of citizen. The couple resided in HK where in May 9,
Immigration. Was X qualified to run for membership in 1965,Ruffa gave birth to a boy named Earnest. Upon
the House of Representatives in the 1995 elections? reaching the age of majority Ernest elected Philippine
citizenship. Is Ernest Cheng a natural-born Filipino
a) Yes, because one whose father or mother is a citizen?
Filipino is also a Filipino

Ernest could elect Philippine citizenship since he was Department of State of the US government to the
born before January 17, 1973 and his mother is a effect that the election should be made within a
Filipino. As stated in the cases of Torres vs. Tan Chim, “reasonable time” after attaining the age of majority.
69 Phil. 518 and Cu vs. Republic, 83 Phil. 473, for this The phrase “reasonable time” has been interpreted to
provision to apply, the mother need not be a Filipino mean that the election should be made within three
citizen at the time she gave birth to the child in (3) years from reaching the age of majority except
question. It is sufficient that she was a Filipino citizen when there is justifiable reason to delay. The span of
at the time of her marriage. Otherwise, the number of 14 years that lapsed from the time he reached 21 until
persons who would be benefited by the foregoing he finally expressed his intention to elect Philippine
provision would be limited. Having elected Philippine citizenship is clearly way beyond the contemplation of
citizenship, Ernest is a natural-born Filipino citizen in the requirement of electing “upon reaching the age of
accordance with Section 2, Article IV of the majority”.
Constitution, which reads: Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 1999, No. 3(c): Victor Ahmad was born on Dec. 16,
hereof shall be deemed natural born citizens." 1972 of a Filipino mother and an alien father. Under
the law of his father’s country, his mother did not
The minimum requirement for a person born of a acquire his father’s citizenship. Victor consults you on
Filipino mother and an alien father before Jan. 17, Dec. 21, 1993 (3 years old and 5 days already upon
1973 to elect Philippine citizenship is that his mother reaching age of majority) and informs you of his
is/was a Filipino: intention to run for Congress in the 1995 elections. Is
he qualified to run? What advice would you give him?
a) at the time of marriage to his Would your answer be the same if he had seen and
b) at the time he was born consulted you on Dec. 16, 1991 and informed you of
c) at the time he reaches the age of majority his desire to run for Congress in the 1992 elections?
d) at the time he actually exercises the right to
elect Philippine citizenship Under Section 2, Article IV of the Constitution, Victor
Ahmad must have elected Philippine citizenship upon
2. When do you elect? reaching the age of majority to be considered a
natural born citizen and qualified to run for Congress.
Constitution: “upon reaching the age of majority” Republic Act No. 6809 reduced the majority age to
eighteen (18) years. Cuenco v. Secretary of Justice, 5
Jurisprudence: “within a reasonable time upon SCRA 108 recognized three (3) years from reaching the
reaching the age of majority” [3 years except when age of majority as the reasonable period for electing
there is justifiable reason to delay] Philippine citizenship. Since Republic Act No. 6809
took effect in 1989 and there is no showing that Victor
Re: Application for Admission to the Philippine Bar, Ahmad elected Philippine citizenship within three (3)
Vicente D. Ching, Bar Matter No. 914, October 1, years from the time he reached the age of majority on
1999 — Vicente Ching, a legitimate child, having been December 16, 199C, he is not qualified to run for
born on April 11, 1964 of Filipino mother and an alien Congress. Thus, I shall advise him to elect Philippine
father, was already 35 years old when he complied citizenship, if he has not yet done so, and to wait until
with the requirements of CA 625 on June 15, 1999, or the 1998 elections.
over 14 years after he had reached the age of
majority. By any reasonable yardstick, Ching’s election If he consulted me in 1991 and informed me of his
was clearly beyond the allowable period within which desire to run in the 1992 election, my answer will be
to exercise the privilege. All his acts (passing the CPA different since Victor is within reasonable time being
and Bar Exams) cannot vest in him citizenship as the only 19 years old at the time. The right to elect is
law gives him the requirement for election of Filipino within that period. Hence, he must elect so that he
citizenship which he did not comply with. (He was not can run.
allowed to take the Lawyer’s Oath)
Caram provision – Those born in the Philippines of
The proper period for electing Philippine citizenship foreign parents who, before the adoption of the 1935
was, in turn, based on the pronouncements of the Constitution, had been elected to public office in the
Islands are considered citizens of the Philippines. In reached the age of majority until he finally expressed
Chiongbian vs. de Leon, the SC held that the right his intention to elect Philippine citizenship is clearly
acquired by virtue of this provision is transmissible. way beyond the contemplation of the requirement of
electing "upon reaching the age of majority."
Re: 1973 Constitution: Those whose mothers are Moreover, Ching has offered no reason why he
citizens of the Philippines. Provision is prospective in delayed his election of Philippine citizenship.
application; to benefit only those born on or after
January 17, 1973 (date of effectivity of 1973 Note: The right to elect Philippine citizenship is an
Constitution). inchoate right; during his minority, the child is an
alien.
3. How do you elect?
1. Residing in the Philippines (Ma v. Commissioner Those who are naturalized in accordance with law:
[2010])
a. Make a statement of election under oath 1. Judicial naturalization (CA 473)
b. an oath of allegiance to the Constitution and a. Filing of declaration of intention – 1 year prior
Government of the Philippines; to the filing of the Petition with the OSG
c. Registration of (1) and (2) with the nearest
Civil Registrar Persons exempt from filing declaration of
2. Residing abroad intention:
a. (1) and (2) apply 1) Those born in the Philippines and received
b. Register with the Philippine diplomatic or their primary and secondary education in
consular office public or private schools recognized by
the Government and not limited to any
Re: Florencio Mallare – Can there be an implied race or nationality;
election? This case involves a person born with a 2) Those resided in the Philippines for 30
Filipino mother and an alien father. He was able to years or more before the filing of the
elect but failed to register the same. The Solicitor petition, and enrolled their children in
General deported him for failure to register in LCR. elementary and HS recognized by the
The SC made exception of the fact that said person government and not limited to any race or
had been living in the country for 50 years, voted for nationality;
several elections, and worked as government official. 3) Those widows and minor children of aliens
For those in the peculiar situation of those who who have declared their intention to
cannot be excepted to have elected Philippine become citizens of the Philippines and die
citizenship as they were already citizens, apply the In before they are actually naturalized.
Re Mallare rule, where it was ruled that the exercise
of the right of suffrage when he came of age, b. Filing of the Petition, accompanied by the
constitutes a positive act of election of Philippine affidavit of 2 credible persons, citizens of the
citizenship. Also, Mallare in that case was already a Philippines, who personally know the
Filipino citizen. Any election of Philippine citizenship petitioner, as character witness;
on his part would not only have been superfluous but c. Publication of the Petition in the O.G. or in a
it would also have resulted in an absurdity. How can a newspaper of general circulation once a week
Filipino citizen elect Philippine citizenship? for 3 consecutive weeks. Failure to comply is
fatal. (Po Yo Bi vs. Republic, 205 SCRA 400)
However, in Re: Application for Admission to the d. Actual residence in the Philippines during the
Philippine Bar, Vicente D. Ching, there can be no entire proceedings.
IMPLIED ELECTION. Even if we consider the special e. Hearing of the Petition.
circumstances in the life of Ching like his having lived f. Promulgation of the decision.
in the Philippines all his life and his consistent belief g. Hearing after 2 years. During the 2-year
that he is a Filipino, the SC held that Ching failed to probation period, applicant has:
validly elect Philippine citizenship. The span of 1) Not left the Philippines;
fourteen (14) years that lapsed from the time he
2) Dedicated himself continuously to a lawful 1. Not a right but a mere privilege (doubt in the law
calling or profession; shall be strictly construed against the application
3) Not been convicted of any offense or even if the applicant is a former Filipino, in view of
violation of rules; and the fact that it is merely a privilege)
4) Not committed an act prejudicial to the 2. Not barred by res adjudicata (if granted, it can still
interest of the nation or contrary to any be questioned anytime)
government-announced policies. 3. Naturalization of the father benefits wife and
h. Oath taking and issuance of Certificate of minor children (derivative naturalization, only
Naturalization. minor children benefit)
4. Action for denaturalization does not prescribe
2. Administrative naturalization – Refer to (you can be denaturalized anytime)
Administrative Naturalization Law of 2000
Naturalized citizens are those who have become
Requisites: Filipino citizens through naturalization, generally
1. Born in the Philippines and residing therein since under CA No. 473, otherwise known as the Revised
birth Naturalization Law, which repealed the former
2. Not less than 18 years of age at the time of filing Naturalization Law (Act No. 2927), and by RA 530. To
be naturalized, an applicant has to prove that he
2011, No. 92: The Special Committee on Naturalization possesses all the qualifications and none of the
is headed by: disqualifications provided by law to become a Filipino
citizen
a) the Secretary of Justice.
b) the Secretary of Foreign Affairs. Qualifications possessed by an applicant:
c) the National Security Adviser. 1. He must be not less than 21 years of age on the
d) the Solicitor General. day of the hearing of petition;
2. He must have resided in the Philippines for a
3. Legislative naturalization continuous period of not less than 10 years; may
be reduced to 5 years if:
Direct act of Congress – Basis: “those who may be a. he honorably held office in Government;
naturalized in accordance with law.” (may refer to b. He established a new industry or introduced a
General or Special Law) useful invention in the Philippines;
c. He is married to a Filipino woman;
2005, No. 9: In the May 8, 1995 election for local d. Has been engaged as a teacher in the
officials whose term were to commence on June 30, Philippines (in a public or private school not
1995, Ricky filed on March 30, 1995 his COC for established for the exclusive instruction of
Governor of Laguna. He won, but his qualification as persons of a particular nationality or race) or
an elected official was questioned. It is admitted that in any of the branches of education or
he is a repatriated Filipino citizen. To be qualified for industry for a period of not less than 2 year; or
the office to which a local official has been elected, e. He was born in the Philippines
when at the latest should he be a Filipino citizen? 3. He must be of GMC and believes in the principles
underlying the Philippine Constitution, and must
a) At the time of proclamation and at the start of have conducted himself in a proper and
his term – you only become an elected official irreproachable manner during the entire period of
at the time of proclamation (applies only to his residence in the Philippines in his relation with
“local elective official” under Local the constituted government as well as with the
Government Code) community in which he is living;
b) On the day of the election 4. He must own real estate in the Philippines worth
c) At the time he files his certificate of candidacy not less than P5,000.00, Philippine currency, or
d) At least one year before the election must have some known lucrative trade, profession
or lawful occupation;
Naturalization: 5. He must be able to write and speak English or
Spanish and any of the principal languages; and
6. He must have enrolled his minor children of 1994, No. 7 and 1998, No. 10: Lim tong Biao, a Chinese
school age, in any of the public schools or private citizen applied for and was granted Philippine
schools recognized by the Bureau of private citizenship by the court. He took his oath as citizen of
Schools of the Philippines where Philippine the Philippines in July 1963. In 1975, the Office of the
history, government and civic are taught or SolGen filed a petition to cancel his Philippine
prescribed as part of the school curriculum, during citizenship for the reason that in Aug. 1963, the Court
the entire period of the residence in the of Tax Appeals found him guilty of tax evasion for
Philippines required of him prior to the hearing of deliberately understating his income taxes for the
his petition for naturalization as Filipino citizen. years 1959-61. Can Lim Tong Biao’s Filipino citizenship
(Bengzon III vs. HRET, G.R. No. 142840, 2001) be cancelled?
Disqualifications: a) No, because due to the lapse of time

1. Those opposed to organized government or prescription has set in
affiliated with any association or group of persons b) No, because the RTC’s granting citizenship is
who uphold and teach doctrines opposing all now res judicata
organized governments; c) Yes, because an action for denaturalization is
2. Those defending or teaching the necessity or not subject to prescription
propriety of violence, personal assault or d) Yes, because while prescription applies, the
assassination for the success of predominance of period provided by law has not yet lapsed
their ideas;
3. Polygamists or believers of polygamy; Modes of Naturalization:
4. Those convicted of a crime involving moral 1. DIRECT – through:
turpitude; a. Judicial or administrative proceedings – e.g.
5. Those suffering from mental alienation or RA 9139 The Administrative Naturalization
incurable contagious disease; Law of 2000—grants Philippine citizenship to
6. Those who, during the period of their residence in aliens born and residing in the Philippines
the Philippines have not mingled socially with the b. Special act of legislature – this is discretionary
Filipinos, or who have not evinced a sincere desire on Congress; usually conferred on an alien
to learn and embrace the customs, traditions and who has made an outstanding contribution to
ideals of Filipinos; the country
7. Those citizens or subjects of nations with whom c. Collective change of nationality, as a result of
the Philippines is at war, during the period of such cessation or subjugation
war; d. Some cases, by adoption of orphan minors as
8. Those citizens or subjects of a foreign country nationals of the State where they are born
whose laws do not grant Filipinos the right to 2. DERIVATIVE – Citizenship conferred on:
become naturalized citizens or subjects thereof. a. Wife of naturalized husband;
b. Minor children of naturalized person;
2011, No.1: Filipino citizenship may be acquired c. Alien woman upon marriage to a national.
through judicial naturalization only by an alien:
Note: Under RA 9139, not all aliens may avail of this
a) born, raised, and educated in the Philippines remedy. Only native born aliens who have been
who has all the qualifications and none of the residing here in the Philippines all their lives, who
disqualifications to become a Filipino citizen. never saw any other country and all along thought
b) who has all the qualifications and none of the that they were Filipinos; who have demonstrated love
disqualifications to become a Filipino citizen. and loyalty to the Philippines, and affinity to the
c) born and raised in the Philippines who has all customs and traditions of the Filipinos.
the qualifications and none of the
disqualifications to become a Filipino citizen. Naturalization Repatriation
d) whose mother or father is a naturalized mode for both acquisition mode for reacquisition
Filipino and who himself is qualified to be and reacquisition of for those who lost their
naturalized. citizenship citizenship

governed by CA 473 (for governed by various
acquisition) and CA 63 statutes
(for reacquisition) In Republic vs. Guy, 115 SCRA 244, although
misconduct was committed after the 2-year
consists a lengthy process consists of taking of an
probationary period, conviction of perjury and rape
oath of allegiance to the
RP and registering said was held to be valid ground for denaturalization.
oath in the LCR of the
place where the person Effects of Denaturalization:
concerned resides or last 1. If the ground affects the intrinsic validity of the
resided proceedings, denaturalization shall divest the wife
and children of their derivative naturalization;
Effects of Naturalization:
2. If the ground was personal to the denaturalized
1. Vests citizenship on wife if she herself may be
person, his wife and children shall retain their
lawfully naturalized; (She need not go through the
Philippine citizenship.
naturalization process; if she doesn’t suffer from
any disqualification, no need to prove the
Section 2. Natural-born citizens are those who are
qualifications)
citizens of the Philippines from birth without having
2. Minor children born in the Philippines before the
to perform any act to acquire or perfect their
naturalization shall be considered citizens of the
Philippine citizenship. Those who elect Philippine
Philippines;
citizenship in accordance with paragraph (3), Section
3. Minor children born outside the Philippines who
1 hereof shall be deemed natural-born citizens.
were residing in the Philippines at the time of
naturalization shall be considered Filipino citizens.
2nd sentence – Ong v. HRET: those who elect Filipino
4. Minor children born outside the Philippines before
Citizenship prior to 1987 constitution (election made
parent’s naturalization shall be considered Filipino
on 1960 and 1970) are considered natural born
citizens only during minority, unless they begin to
citizens, as it is given retroactive effect)
reside permanently in the Philippines;
5. Child born outside the Philippines after parent’s
Bengzon v. HRET – a natural born Filipino
naturalization shall be considered Filipino citizen,
(congressman) became a US Marine and acquired US
provided that he registers as such before any
Citizenship. Later, he repatriated and reacquired
Philippine consulate within one year after
Filipino Citizenship, and ran for congressman. Can he
attaining majority age, and takes his oath of
still be considered a Natural born Citizen in view of 1st
allegiance.
Paragraph? Yes. He is considered Natural Born. If you
reacquire your citizenship by repatriation, you are
Denaturalization(Grounds):
restored to your former status.
1. Naturalization certificate was obtained
fraudulently or illegally;
Kilosbayan v. Ermita – naturalized along with the
2. Within 5 years, he returns to his native country or
parents, but see Kilosbayan v. Janole, 2010 (Justice
to some foreign country and establishes residence
Ong was Sandiganbayan justice, his Chinese parents
there;
were naturalized, he was nominated as SC Justice. His
Note: Prima Facie evidence of intent to take up
nomination was questioned on the ground that he is
residence:
not a natural-born, as he only acquired his Filipino
a. Native country- 1-year stay
citizenship by virtue of the naturalization of his
b. Foreign country- 2-year stay
parents. Is he a natural born citizen? NO! By virtue of
Kilosbayan vs. Ermita ruling. He is not natural born
3. Petition was made on an invalid declaration of
citizen because he acquired his Filipino citizenship
intent;
when his parents were naturalized. Hence, he is
4. Minor children failed to graduate through the
merely naturalized. It is conflicting with the provision
fault of the parents either by neglecting to
that “natural born are those who are citizens of the
support them or by transferring them to another
Philippines from birth without having performed any
school;
act to acquire or perfect their citizenship.” It satisfies
5. Allowed himself to be used as a dummy;
first part but not on the second. The SC ruling: Ong is
only a naturalized Filipino, not natural born Filipino. requirement to take the bar; to become a
(Derivative citizenship) lawyer, you need not be natural born citizen)
d) No, because lack of citizenship is not a ground
2006, No. 8(a): Atty. Emily Go, a legitimate daughter for disbarment under Rule 139-B
of a Chinese father and a Filipino mother, was born
in1945. At 21, she elected Philippine citizenship and 2003, No. 4; 2002, No. 1; 1999, No. 3: Julio Hortal was
studied law. She passed the bar and engaged in born of Filipino parents. Upon reaching the age of
private practice. Her nomination is being contested by majority, he became naturalized citizen in another
Atty. Juris Castillo, also an aspirant to the position. country. Later he reacquired Philippine citizenship.
She claims that Atty. Go is not a natural-born citizen, Could Hortal regain his status as a natural-born
hence, not qualified to be appointed to the Supreme Filipino citizen? Would your answer be the same
Court. Is the contention correct? Is Atty. Go a natural whether he reacquires his Filipino citizenship by
born Filipino citizen? repatriation or by act of Congress? Explain.
a) No, because she performed an act in order to If he reacquired the same by repatriation, he is
complete or perfect her citizenship restored to his former status as natural born.
b) No, because she made the election prior to
the effectivity of the 1987 Constitution If it is through or by act of congress, he is not natural
c) Yes, because those who elect Philippine born by reason of the fact that he is naturalized by act
citizenship because only their mothers are of congress.
Filipino are deemed natural born. (Retroactive
Effect: if you elect, you are natural born) General Rule: If citizenship is reacquired by any act
d) Yes, because in her case, election is a (act by congress or naturalization) other than
surplusage because one of her parents is was repatriation, restoration to a former status as natural
a Filipino citizen born cannot be had.
2006, 8(b): Atty. Richard Chua was born in 1964. He is Section 3. Philippine citizenship may be lost or
a legitimate son of a Chinese father and a Filipino reacquired in the manner provided by law.
mother. His father became naturalized Filipino citizen
when Atty. Chua was still a minor. Eventually, he Grounds for loss: (CA 63)
studied law and was allowed by the Supreme Court to 1. Naturalization in a foreign country, except if one
take the bar examinations, subject to his submission to avails of RA 9225 (An Act Making the Citizenship
the Supreme Court proof of his Philippine citizenship. of Philippine Citizens Who Acquire Foreign
Although he never complied with such requirement. Citizenship Permanent) – Naturalization in
Atty. Chua practiced law for many years until one Noel another country does not necessarily result in loss
Eugenio filed with the Supreme Court a complaint for of Filipino citizenship under RA 9225 because it is
disbarment against him on the ground that he is not a a law of retainership and reacquisition.
Filipino citizen. He then filed with the Bureau of Those Filipino citizens, who, after the effectivity of
Immigration an affidavit electing Philippine citizenship. RA 9225, become citizens of a foreign country,
Noel contested it claiming it was filed many years after may reacquire Philippine citizenship upon taking
Atty. Chua reached the age of majority. Will Atty. Chua the oath of allegiance,
be disbarred? Explain. Unmarried child, whether legitimate, illegitimate
or adopted, below 18 years of age, of those who
a) Yes, not having elected Philippine citizenship reacquire their Philippine citizenship upon the
he is an alien effectivity of RA 9225, shall be deemed citizens of
b) Yes, because even if he is a Filipino since his the Philippines.
father was naturalized while Atty. Chua was Those who reacquire or retain Philippine
still a minor, he is not natural born citizenship under this Act shall enjoy full civil and
c) No, since he was a minor when his father was political rights and be subject to all attendant
naturalized, he also obtained derivative liabilities and responsibilities under existing laws
citizenship. (only Filipino citizenship is a of the Philippines.

2. Express renunciation of citizenship – conscious, citizenship on account of political or economic
voluntary and intelligent renunciation (no implied necessity.
renunciation!); Express renunciation means a
renunciation made known distinctly and explicitly, Who are qualified for repatriation?
and not left to inference or implication. Mere 1. Deserter in the armed forces (CA 63)
registration of alien in BID and mere possession of 2. Filipina who lost citizenship by marriage to an
foreign passport do not constitute effective alien (RA 8171)
renunciation. 3. Natural born who lost it by political or economic
3. Subscribing to an oath of allegiance to support necessity (Angat/Tabasa)
laws of another country upon attaining the age of 4. Any natural born who lost it by naturalization [PD
21; provided, however, that a Filipino may not 725] (still in effect)
divest himself of Philippine citizenship in this 5. Joining Armed Forces of US without consent of
manner while RP is at war with any country – an Philippine government [Bengzon/RA 2630]
application of the principle of Indelible Allegiance
— by virtue of RA 9225 Implication: If you reacquired your citizenship by
4. Rendering service in the armed forces of another repatriation, you are restored to your former status as
country (exceptions: (1) If RP has a defensive natural born citizen.
and/or offensive pact of alliance with the said
foreign country; and (2) the said foreign country Take note! If you lost your citizenship by taking an
maintains armed forces in Philippine territory with oath of allegiance to support the Constitution of a
the consent of RP) foreign country or renouncement of citizenship, you
5. Cancellation of certificate of naturalization (apply cannot get it back through repatriation, probably only
if you are a naturalized Filipino) by naturalization.
6. By having been declared by competent authority a
deserter of the Philippine armed forces in time of 2000, No. 18: Enumerate the ways by which Philippine
war UNLESS subsequently, a plenary pardon or citizenship may be reacquired?
amnesty has been granted. (apply only in an
international war, not war with rebels, MILF, etc.) 1. By naturalization;
2. By repatriation pursuant to Republic Act No.8171;
Reacquisition of citizenship: and
1. Under RA 9225, by taking an oath of allegiance 3. By direct act of Congress (Section 2 of
2. By naturalization Commonwealth Act No. 63)
3. By repatriation
4. By direct act of Congress Take note of Frivaldo and Alterajos case!
Effect of repatriation – It allows the person to recover Principle of Retroactivity – General Rule: if you get
or return to, his original status before he lost his back your citizenship through repatriation, it will
Philippine citizenship. Thus, the respondent, a former retroact to the date of application for repatriation.
natural-born Filipino citizen who lost his Philippine Hence, consequences will have to be that I will be
citizenship when he enlisted in the US Marine Corps, deemed to have reacquired my Filipino citizenship on
was deemed to have recovered his natural-born status the date of my application.
when he reacquired Filipino citizenship through
repatriation. (Bengzon III vs. HRET, G.R. No. 142840, Who can reacquire Philippine citizenship through
May 7, 2001) repatriation?
In Joevanie Arellano Tabasa vs. CA, G.R. No. 125793, a) a Filipino male who married a Saudi Arabian
August 29, 2006, the only persons entitled to woman and joined the forces of his wife’s
repatriation under RA 8171 are the following: a) country (No, because no defense treaty, not
Filipino women who lost their Philippine citizenship by deserter)
marriage to aliens; and b) Natural-born Filipinos b) a natural-born Filipino citizen who lost
including their minor children who lost their Philippine Philippine citizenship in 1990 because he was
naturalized in a foreign state
c) a 20-year old natural-born Filipino who lost ODH died in 2001, leaving her financially secure. She
citizenship while still a minor because his returned home in 2002, and sought elective office in
parents lost Philippine citizenship on account 2004 by running for Mayor of APP, her hometown.
of political necessity (No, because it does not Her opponent sought to have her disqualified because
apply to children but to the person himself) of her ZOZ citizenship. She replied that although she
d) a natural-born Filipino citizen who expressly acquired ZOZ’s citizenship because of marriage, she
renounced Philippine citizenship after a long did not lose her Filipino citizenship. Both her parents,
residency abroad she said. Are Filipino citizens. Is TAC qualified to run
for Mayor?
Section 4. Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or a) No, because by marrying an alien she lost
omission they are deemed, under the law to have Philippine citizenship
renounced it. b) No, because by her act of acquiring the
citizenship of her husband she lost Philippine
Marriage alone does not result to loss of Philippine citizenship
citizenship. (Labo v. COMELEC) c) No, because be taking an oath of allegiance to
her husband’s country, she is deemed under
What acts will result to loss? By naturalization, the law to have renounced Philippine
desertion, taking an oath of allegiance or renunciation citizenship
of citizenship, rendered service d) Yes, because marriage of a Filipino citizen to
an alien does not result to loss of Philippine
What omissions result to loss?No omissions are citizenship
defined; only acts
The others side: Effect on the citizenship of the alien:
1994, No. 8: In 1989, Zeny Reyes married Ben Tulog, a
national of the state of Kongo. Under the laws of 1. Effect on the alien woman: Moy Ysa Lim Yao – CA
Kongo, an alien woman marrying a Kongo national 473, Art. 15: Any woman who is now or may
automatically acquires a Kongo citizenship. After her hereafter be married to a Filipino citizen and who
marriage, Zeny resided in Kongo and acquired a Kongo might herself be lawfully naturalized shall be
passport. In 1991, Zeny returned to the Philippines to deemed a citizen of the Philippines.” She is ipso
run for governor of Sorsogon. Was Zeny qualified to facto a Filipino by marrying Filipino if she
run for Congressman? Yes! possesses none of the disqualification
a) Yes, because marriage to an alien does not What is important is she is not disqualified. Meaning
result to loss of citizenship she is not violent, not inflicted with or suffered
b) No, because by acquiring a Congo passport sickness, or threat to the government. She need not be
she is deemed to have renounced her a resident for a certain period, need not own property,
Philippine citizenship or need not speak any dialect.
c) No, because by automatically acquiring Kongo
citizenship she is deemed to have renounced Djumantan v. Domingo (1995) – Marriage of an alien
Philippine citizenship woman to a Filipino husband does not ipso facto make
d) No, because by choosing to reside in Kongo her a Filipino citizen. Administrative proceeding with
she became a dual citizen and thus became the BID must be had to acquire Filipino citizenship.
ineligible for membership in the House
It is not automatic; it is subject to administrative
2004, No. 4: TAC, a Filipina medical technologist, left proceeding by filing an application with the BID
in 1975 to work in ZOZ State. In 1988, she married showing:
ODH, a citizen of ZOZ. Pursuant to ZOZ’s law, by taking 1. that she is married to a Filipino;
an oath of allegiance, she acquired her husband’s 2. that she is not disqualified, or has not suffered any
citizenship. contagious sickness;
3. if BID satisfied that you are not disqualified, you
will have to take an oath to become a Filipino.
Note: No need to be naturalized WHICH will take a 1. a citizen to an alien?

long time.
Filipino citizens who marry aliens retain their
2003, No. 3: Miss Universe from Finland, came to the citizenship, unless by their act or omission they are
Philippines on a tourist visa. While in this country, she deemed, under the law, to have renounced it. But
fell in love with and married a Filipino doctor, Her distinction must be had as to male alien and female
tourist visa having expired and after the maximum alien.
extension allowed therefor, the BID is presently
demanding that she leave the country but she refuses 2. an alien to a citizen; on their spouses and children?
to do so, claiming that she is already a Filipino citizen
by her marriage to a Filipino citizen. Can the BID still According to Mo Ya Lim Yao v.Commissioner of
order the deportation of Miss Universe? Is she a Immigration, 41 SCRA 292,under Section 15 of the
Filipino citizen? Revised Naturalization Law, a foreign woman who
marries a Filipino citizen becomes a Filipino citizen
No! Marriage of an alien to a Filipino does not ipso provided she possesses none of the disqualifications
facto make her Filipino. She must undergo for naturalization. A foreign man who marries a
administrative naturalization with the BID. Thus, the Filipino citizen does not acquire Philippine citizenship.
BID may order the deportation of Miss Universe. However, under Section 3 of the Revised
Naturalization Act, in such a case the residence
2. Effect on the Alien Male (TAKE NOTE!) requirement for naturalization will be reduced from
ten (10) to five (5) years. Under Section 1(2), Article IV
CA 473: Qualifications for naturalization: of the Constitution, the children of an alien and a
Filipino citizen are citizens of the Philippines.
Section 2.Qualifications. – Subject to section four of
this Act, any person having the following qualifications Section 5. Dual allegiance of citizens is inimical to the
may become a citizen of the Philippines by national interest and shall be dealt with by law.(Not
naturalization: a Self-Executing provision; It needs an implementing
law)
x xx
Definition of Dual Citizenship – A situation in which
Second. He must have resided in the Philippines for a an individual holds citizenship in more than one
continuous period of not less than ten years; country. It arises when, as a result of the concurrent
application of the different laws of two or more states,
Section 3.Special qualifications. The ten years of a person is simultaneously considered a national by
continuous residence required under the second more than one state.
condition of the last preceding section shall be
understood as reduced to five years for any petitioner Causes of Dual Citizenship
having any of the following qualifications: 1. Those born of Filipino fathers and/or mothers in
foreign countries which follow the principle of jus
x xx soli;
2. Those born of Filipino mothers and alien fathers if
(3) Being married to a Filipino woman; by the laws of their fathers’ country such children
are citizens of that country;
3. Those who marry aliens if by the laws of the
An ALIEN male does not ipso facto become a Filipino latter’s country the former are considered
after marriage and administrative proceeding, but citizens, unless by their act or omission they are
must comply the qualifications set forth for deemed to have renounced Philippine citizenship.
naturalization (the 5-year residency period). Hence, 4. Those who retained or reacquired Philippine
must apply for naturalization. citizenship under the provisions of RA No. 9225.
1999, No. 3: What are the effects of marriages of: Dual Citizenship v. Dual Allegiance
1. Dual allegiance- refers to the situation in which a dual citizenship considering that their condition is the
person simultaneously owes, by some positive act, unavoidable consequence of conflicting laws of
loyalty to two or more states different states.
2. Dual Citizenship – refers to a situation in a person
is simultaneously a national of two or more states By electing Philippine citizenship, such candidates at
the same time, forswear allegiance to the other
Dual Citizenship Dual Allegiance country of which they are also citizens and thereby
arises as a result of the refers to a situation in terminate their status as dual citizens. It may be that,
concurrent application of which a person from the point of view of the foreign state and of its
the different laws of 2 or simultaneously owes, by laws, such an individual has not effectively renounced
more states, a person is some positive
his foreign citizenship. That is of no moment.
simultaneously act, loyalty to 2 or more
considered as a national states
of said states The filing of a COC suffices to renounce foreign
citizenship, effectively removing any disqualification
involuntary voluntary as dual citizen. This is so because in the COC, one
declares that he is a Filipino citizen and that he will
support and defend the Constitution and will maintain
What has Congress done? true faith and allegiance to the same. Such declaration
1. Sec. 40, RA 7160: under oath operates as an effective renunciation of
2. RA No. 9225: Citizenship Retention and foreign citizenship. In this case, the Court adopted the
Reacquisition Act liberal interpretation of the rule. Manzano is not really
prohibited to run due to dual citizenship. Dual
1. Section 40 (d), LGC: Disqualifications.—The allegiance is the one prohibited. Dual citizenship
following persons are disqualified from running referred to under Section 40 (d) of LGC refers to dual
from any elective local election: allegiance under Section 5 of Article IV of the 1987
x xx Constitution. (Mercado vs. Manzano, 307 SCRA 630,
(d) Those with dual citizenship. May 26, 1999)
x xx.
Valles v. COMELEC, 337 SCRA 543 (2000)– Lopez’s
The provision prohibits dual citizenship but the mother was Filipino and her father was Australian. She
Supreme Court ruled that it refers to prohibition on holds dual citizenship. She ran and won for governor.
dual allegiance. She was questioned on the ground of prohibition
under the Local Government Code? The SC ruled that
Doctrine of INDELIBLE ALLEGIANCE: an individual may a person with dual citizenship is not prohibited from
be compelled to retain his original nationality even if running local elective position. The constitution is
he has already renounced or forfeited it under the concerned with dual allegiance as prohibited. The LGC
laws of the second State whose nationality he has on dual citizenship prohibition must be understood to
acquired. be dual allegiance.
Are persons with dual citizenship prohibited from Note: The SC has ruled that the mere act of filing a
running for a local elective position? certificate of candidacy terminates the status of dual
citizenship. It is deemed a renunciation of his alien
The phrase “dual citizenship” in RA 7160, Section citizenship.
40(d) LGC must be understood as referring to “dual
allegiance”. Consequently, persons with mere dual In Calilung vs. Datumanong, G.R. No. 160869, May
citizenship do not fall under this disqualification. 11, 2007, what RA 9225 does is allow dual citizenship
Unlike those with dual allegiance, who must be to natural-born citizens who have lost their Philippine
subject to strict process with respect to the citizenship by reason of their naturalization as citizens
termination of their status, for candidates with dual of a foreign country. On its face, it does not recognize
citizenship, it should suffice if, upon filing of their dual allegiance. By swearing to the supreme authority
Certificates of Candidacy (COC), they elect Philippine of the Republic, the person implicitly renounces its
citizenship to terminate their status as persons with foreign citizenship. Plainly, from Section 3, RA
9225stayed clear out of the problem of dual allegiance b. after its effectivity [retention]
and shifted the burden of confronting the issue of Date of Approval: August 29, 2003
whether or not there is dual allegiance to the
concerned foreign country. What happens to the Is it constitutional?AASJS v. Datumanong, 523 SCRA
other citizenship was not made a concern of RA 9225. 108 (2007) – YES!
Instances when a citizen of the Philippines may 1. By swearing to supreme authority of the Republic
possess dual citizenship: of the Philippines, he implicitly renounces his
a. Those born of Filipino fathers and/or mothers in allegiance to the foreign country [no dual
foreign countries which follow the principle of jus allegiance];
soli; 2. By requiring an oath, it shifted the problem of
b. Those born in the Philippines of Filipino mothers dual allegiance to the other country [other
and alien fathers if by the laws of their father’s citizenship is not a concern of the RA 9225]
country such children are citizens of that country;
c. Those who marry aliens if by the laws of the Can dual citizens vote?Yes. As a general rule under the
latter’s country the former are considered absentee voting act [Nicolas-Lewis]
citizens, unless by their act or omission they are
deemed to have renounced Philippine citizenship. Exceptions:
(Mercado vs. Manzano, 307 SCRA 630, [1999]) 1. Not a candidate in a foreign country;
2. Not occupying public office or in the armed forces
2. Sec. 3, RA No. 9225 (Citizenship Retention and of the foreign country
Reacquisition Act of 2003)
Can you run for or get appointed to a public office?
Retention of Philippine Citizenship– Any provision of Yes, but you must:
aw to the contrary notwithstanding, natural-born 1. Make a personal and sworn renunciation of all
citizenship by reason of their naturalization as citizens foreign citizenship upon filing
of a foreign country are hereby deemed to have re- 2. Residency requirement [Caasi] – this must be
acquired Philippine citizenship upon taking the complied
following oath of allegiance to the Republic: 3. Not a candidate in a foreign country, and not
occupying public office or in the armed forces of
"I _____________________, solemnly swear (or the foreign country
affirm) that I will support and defend the Constitution
of the Republic of the Philippines and obey the laws Lopez v. COMELEC, 559 SCRA 696 (2008) – Lopez was
and legal orders promulgated by the duly constituted a candidate for the position of Chairman of Barangay
authorities of the Philippines; and I hereby declare Bagacay, San Dionisio, Iloilo City in the election held
that I recognize and accept the supreme authority of on October 29, 2007. He was a dual citizen having
the Philippines and will maintain true faith and been naturalized in the United States but regained his
allegiance thereto; and that I imposed this obligation Philippine citizenship by virtue of RA No. 9225,
upon myself voluntarily without mental reservation or otherwise known as the Citizenship Retention and Re-
purpose of evasion." acquisition Act of 2003. When his dual citizenship
status was questioned, he invoked Valles v. COMELEC,
Natural born citizens of the Philippines who, after the claiming that by filing his certificate of candidacy, he is
effectivity of this Act, become citizens of a foreign deemed to have renounced his foreign citizenship.
country shall retain their Philippine citizenship upon The SC ruled that the contention of Lopez is wrong.
taking the aforesaid oath.
Valles vs. Comelec cannot be applied. He must make a
personal and sworn renunciation of all foreign
Field to Application of RA No. 9225: citizenship upon filing. (At the time of filing, his latter
1. Applies only to natural-born Filipinos renunciation cannot be given effect as it must be
2. Applies only to those who got naturalized in a made at the time of filing.)
foreign country, either
a. prior to the effectivity of said
Upon taking the oath of allegiance required under R.A.
law[reacquisition] 9225, are you a natural-born or not?
Can you practice profession in the Philippines? Those
2009, No. IX: Warlito, a natural-born Filipino, took up intending to practice their profession in the
permanent residence in the United States, and Philippines shall apply with the proper authority for a
eventually acquired American citizenship(naturalized). license or permit to engage in such practice;
He then married Shirley, an American, and sired three
children. In August 2009, Warlito decided to visit the Petition for Leave to Resume Practice of Law,
Philippines with his wife and children: Johnny, 23 years Benjamin Dacanay, 540 SCRA 424 (2007)– Dacanay
of age; Warlito, Jr., 20; and Luisa, 17.While in the was admitted to the Philippine bar in March 1960. He
Philippines, a friend informed him that he could practiced law until he migrated to Canada and
reacquire Philippine citizenship without necessarily acquired Canadian citizenship. On July 14, 2006,
losing U.S. nationality. Thus, he took the oath of pursuant to RA 9225, Dacanay reacquired his
allegiance required under R.A. 9225. Philippine citizenship. Thereafter, he returned to the
Philippines and now intends to resume his law
(a) Having reacquired Philippine citizenship, is Warlito practice. Did Dacanay lose his membership in the
a natural-born or a naturalized Filipino citizen today? Philippine bar when he gave up his Philippine
Explain your answer. citizenship in May 2004?
He is natural born Filipino. In the first place, he is
deemed to have retained his natural born status by “All Philippine citizens who become citizens of another
virtue of Sec.2 (Declaration Policy of RA 9225). country shall be deemed not to have lost their
Philippine citizenship under the conditions of RA
“Section 2. Declaration of Policy - It is hereby 9225“
declared the policy of the State that all Philippine
citizens of another country shall be deemed not to The SC ruled that there is no need to take another BAR
have lost their Philippine citizenship under the again. Just apply for permission to practice legal
conditions of this Act.” profession by paying fees and attend MCLE. It would
be otherwise if he reacquired his citizenship by
(b) With Warlito having regained Philippine naturalization, wherein he cannot be said to have not
citizenship, will Shirley also become a Filipino citizen? lost his Philippine citizenship.
If so, why? If not, what would be the most speedy
procedure for Shirley to acquire Philippine citizenship? Which of the following are not considered natural-
Explain. born citizens of the Philippines?
NO. Derivative citizenship. Pursuant to Mo Ya Lim Yao a) Those who elected Philippine citizenship upon
case, there is no need of naturalization proceeding. He reaching the age of majority because their
needs only to undergo administrative proceeding with mother is Filipina but their father is an alien
BID. b) Naturalized Filipino citizens who lost
Philippine citizenship but reacquired it
(c) Do the children – Johnny, Warlito Jr., and Luisa – through repatriation – If you reacquired your
become Filipino citizens with their father's citizenship by repatriation, you are restored to
reacquisition of Philippine citizenship? Explain your your former status
answer? c) Natural-born citizens who got naturalized in a
foreign country and reacquire citizenship
Only Luisa, the minor, acquires Filipino citizenship by under RA 9225
virtue of Derivative Citizenship (Sec. 3 of RA 9225). d) The minor children of parents whose parents
got naturalized as Filipino citizen (debatable in
Section 4. Derivative Citizenship - The unmarried view of Ong case)
child, whether legitimate, illegitimate or adopted,
below eighteen (18) years of age, of those who re- Res judicata in cases involving citizenship:
acquire Philippine citizenship upon effectivity of this
Act shall be deemed citizenship of the Philippines. General Rule: It does not apply to questions of
citizenship.

Exception: In Burca vs. Republic, 51 SCRA 248, an “Domicile” – green card holder is disqualified in voting
exception to the general rule was recognized provided in local election. Acquiring green card indicates or
the following must be present: establishes his intent to stay in US permanently. There
1. A person’s citizenship be raised as a material issue is only one domicile for every person.
in a controversy where said person is a party;
2. The Solicitor general or his authorized 5. Resident of the city/municipality wherein he
representative took active part in the resolution proposes to vote for at least 6 months
thereof; and immediately preceding the election
3. The finding on citizenship is affirmed by SC.
Romualdez case –Romualdez was out of the country
Although the GR was set forth in the case of Moy Ya for 5 years. Malbog, Leyte remained as his
Lim Yao, the case did not foreclose the weight of prior domicile.Thus, he was qualified to vote. Although he
rulings on citizenship. It elucidated that reliance may may be out for 5 years, he never abandoned Leyte as
somehow be placed on these antecedent official his residence as he intends to return there.
findings, though not really binding, to make the effort
easier or simpler. (Valles vs. COMELEC). Requisites of Acquisition of Domicile by Choice
1. Residence or bodily presence in the new locality;
ARTICLE V. SUFFRAGE 2. An intention to remain there; and
3. An intention to abandon the old residence.
Section 1. Suffrage may be exercised by all citizens of
the Philippines, not otherwise disqualified by law, Aquino vs. COMELEC, 248 SCRA 400 – the meaning
who are at least eighteen years of age, and who shall and purpose of residency requirement—the place
have resided in the Philippines for at least one year where a party actually or constructively has his
and in the place wherein they propose to vote, for at permanent home, where he, no matter where he may
least six months immediately preceding the election. be found at any given time, eventually intends to
No literacy, property, or other substantive return and remain, i.e., his domicile, is that to which
requirement shall be imposed on the exercise of the constitution refers when it speaks of residence for
suffrage. the purposes of election law.
Right of Suffrage— Right to vote in election of officers In Marcita Mamba Perez vs. COMELEC, G.R. No.
chosen by people and in the determination of 133944, October 28, 1999, the fact that a person is
questions submitted to people. registered as a voter in one district is not proof that he
is not domiciled in another district. Thus, in Faypon vs.
Election — is the embodiment of the popular will, the Quirino, the SC held that the registration of a voter in
expression of the sovereign power of the people. It is a place other than his residence of origin is not
the means by which the people choose their officials sufficient to consider him to have abandoned or lost
for a definite and fixed period and to whom they his residence.
entrust for the time being the exercise of the powers
of government. Disqualifications:
1. Sentence by final judgment to suffer
Who can vote? [Local Voter] imprisonment for not less than one year, unless
1. Citizens of the Philippines pardoned or granted amnesty; but right is
2. At least 18 years (on election day) reacquired before expiration of 5 years after
3. Not otherwise disqualified by law service of sentence
4. Resident of the Philippines for at least one 2. Conviction by final judgment of any of the
yearimmediately before the election following crimes:
a) Crime involving disloyalty to the government
Note: Residence means “Domicile” - that there must b) any crime against national security
be intent to permanently reside in the PH - a citizen c) Firearms laws
may for a while be in the US but with intent to return
in the Philippines. But right is reacquired before expiration of 5 years
after service of sentence.
c. SC—appellate jurisdiction over RTC on
3. Insanity or incompetence declared by competent question of law
authority (Section 18, OEC) 2. Petitioner
a. Inclusion
How about Erap’s intent to run for city mayor of 1) Private person whose application was
manila? It is different when you are given ABSOLUTE disapproved by the ERB or whose name
PARDON. He need not wait for the 5 years after was stricken out from the list of voters
service of sentence. 2) COMELEC
b. Exclusion
Detained persons not yet convicted are not 1) Any registered voter in the city or
disqualified, but a person from Mati and detained in municipality
Tagum city jail, cannot be said to qualify to vote in 2) Representative of political party
Tagum City since his stay there is not voluntary. 3) Election officer
4) COMELEC
REGISTRATION – It refers to the act of accomplishing 3. Period of Filing
and filing a sworn application for registration by a a. Inclusion—any day except 105 days before
qualified voter before the election officer of the city or regular election or 75 days before a special
municipality wherein he resides and including the election
same in the book of registered voters upon approval b. Exclusion—anytime except 100 days before a
of the Election Registration Board (ERB). regular election or 65 days before a special
election
Registration does not confer the right to vote; it is but
a condition precedent to the exercise of the right. Annulment of Book of Voters
Registration is a regulation, not a qualification. (Yra vs. 1. Upon verified complaint of any voter, election
Abano) Voter’s Registration Act of 1996 (RA 8189) – officer or registered political party or motu
General Registration of Voters proprio, the COMELEC may annul the list of voters
which was not prepared in accordance with RA
Continuing Registration – the personal filing of 8189 or whose preparation was affected with
application of registration of voters shall be conducted fraud, bribery, forgery, impersonation,
daily in the office of the Election Officer during regular intimidation, force or other similar irregularity or
office hours. Registration shall be conducted every day is statistically improbable.
except 120 days before a regular election and 90 days 2. No list of voters shall be annulled 90 days before
before election (Sec. 8, RA 8189) an election.
In the case of Akbayan Youth vs. COMELEC, the SC Ututalum vs. COMELEC, annulment of the list of
upheld the COMELEC’s denial of the request for two voters not a ground for a pre-proclamation contest.
(2) additional registration days in order to enfranchise
more than 4 million youth who failed to register on or Section 2. The Congress shall provide a system for
before December 27, 2000. It is an accepted doctrine securing the secrecy and sanctity of the ballot as well
in administrative law that the determination of as a system for absentee voting by qualified Filipinos
administrative agencies as to the operation, abroad.
implementation and application of law is accorded
great weight, considering that these specialized The Congress shall also design a procedure for the
government bodies are, by their nature and functions, disabled and the illiterates to vote without the
in the best position to know what they can possibly do assistance of other persons. Until then, they shall be
or not do under prevailing circumstances. allowed to vote under existing laws and such rules as
the Commission on Elections may promulgate to
Petition for Inclusion (Sec. 34, RA 8189) and Exclusion protect the secrecy of the ballot.
(Sec. 35, RA 8189) of Voters in the List
1. Jurisdiction Macalintal v. COMELEC – Under RA No. 9189
a. MTC—original and exclusive [Overseas Absentee Voting Act of 2003], the following
b. RTC—appellate jurisdiction are not allowed to vote: An immigrant or a permanent
resident who is recognized as such in the host country, country where he was naturalized, or in active service
unless he executes an affidavit declaring that he shall in the armed forces of the foreign country.
resume actual physical residence in the Philippines not
later than 3 years from approval of his registration. Note the distinction between voting and running for
public office, and the distinction between local voter
Note: Absentee voter votes only for national positions, and absentee voter.
such as president, senators, partylist, etc.
Where will he vote?
Absentee Voter:
1. Filipino citizen Velasco v. COMELEC, 2008 – Velasco left Pampanga in
2. 18 years old 1983, became an American and availed of RA 9225 in
3. Not otherwise disqualified by law July 31, 2006. On Sept, 14, he returned to Pampanga
4. Executes an affidavit to return within 3 years from and resided there. On Oct. 13, he applied for
the approval of his registration registration. Is he qualified? Not qualified. He has to
qualify the 1 year domicile and 6 months residency
Disqualifications: requirement.
1. Those who have lost their Filipino citizenship in
accordance with Philippine laws; Summary: A dual citizen can vote. If he votes as an
2. Those who have expressly renounces their absentee voter, he must comply with the
Philippine citizenship and who have pledged their requirements of RA 9189. If he votes in a local
allegiance to a foreign country; election, he must have the qualifications found in Sec.
3. Those who have committed and are convicted in a 1 of Art. V.
final judgment by a court or tribunal of an offense
punishable by imprisonment of not less than 1 ARTICLE VI. LEGISLATIVE DEPARTMENT
year, including those who have committed and
been found guilty of disloyalty, such disability not Section 1. The legislative power shall be vested in the
having been removed by plenary pardon or Congress of the Philippines which shall consist of a
amnesty. Provided however, that any person Senate and a House of Representatives, except to the
disqualified to vote under this subsection shall extent reserved to the people by the provision on
automatically acquire the right to vote upon initiative and referendum.
expiration of 5 years after service of sentence;
4. An immigrant or a permanent resident who is Legislative Power — It is the power or competence of
recognized as such in the host country, unless he the legislative to propose, enact, ordain, amend/alter,
executes, upon registration, an affidavit for the modify, abrogate or repeal laws. It is vested in the
purpose by the COMELEC declaring that he shall Congress which shall consist of a Senate and a House
resume actual physical residence not later than 3 of Representatives, except to the extent reserved to
years from approval of his registration. Such the people by the provision on initiative and
affidavit shall also state that he has not applied for referendum.
citizenship in another country; and
5. Any citizen of the Philippines abroad previously Legislative power is generally characterize as full,
declared insane or incompetent by competent meaning without limits, generally. As a practical
authority in the Philippines or abroad, as verified consequence, Congress cannot pass a law with a
by Philippine embassies, consulate or Foreign provision that “this law is not subject to repeal.”
Service establishment concerned.
How about a law saying that it can be repealed
Can a non-resident dual citizen vote? provided certain restrictions/conditions are complied
with by Congress? City of Davao v. RTC
Nicholas-Lewis Case (2006) – Yes, he can under the
Absentee voting law. He need not establish residency League of Cities:
in the Philippines. But under RA No. 9225, he must not 1. Local Government Code (RA 9009) - P100M
be a candidate or a public official of the foreign 2. In the Charter of 16 cities - exempted from
requirement
3. Art. X, Sec. 10, Const., – “No LGU shall be created Held: Yes. When RP signed the treaty, it limits its
except in accordance with the criteria established sovereignty. It serves as valid limitation of legislative
in LGC” power.
Note: Reconsidered: “Plenary power” II. Limits Imposed by the Constitution
2008, No. 14. In 1963, Congress passed a law creating A. Procedural limitations (law must be passed in 3
a government-owned corporation named Manila War readings in 3 separate days)
Memorial Commission (MWMC) with the primary
function of overseeing the construction of a massive B. Substantive limitations
memorial in the heart of manila to commemorate 1. Express limitations [Bill of Rights](constitution
victims of the 1945 Battle of Manila. say that no law shall be passed abridging the
freedom of constitution)
The MWMC charter provided an initial appropriation 2. Implied limitations
of P1 million, empowered the corporation to raise a) Separation of powers
funds in its own name and set aside a parcel of land in b) Principle of non-delegation
Malate for the memorial site. The charter set the
corporate life of MWMC at 50 years with a proviso Exceptions/Permissible delegation
that Congress may not abolish MWMC until after the 1. Delegation to local government units(LGU power
completion of the memorial. to pass ordinances)
2. Delegation allowed by the Constitution:
Forty-five years later, the memorial was only 1/3 a) Emergency powers to the president
complete and the memorial site itself had long been b) Power to fix tariff rates import and export
overrun by squatters. Congress enacted a law 3. Delegation to the People (debatable)
abolishing the MWMC and requiring that the funds 4. Delegation to Administrative bodies
raised by it be remitted to the National Treasury. The
MWMC challenged the validity of the law, arguing 2011 Bar Exam, No. 69. The President may set a limit
that under its charter its mandate is to complete the on the country's import quota in the exercise of his:
memorial no matter how long it takes. Decide with
reasons. Is the abolition valid? a) delegated power.
b) concurring power.
a) No, because based on the law creating c) residual power.
MWMC its corporate life is 50 years d) inherent power.
b) No, because based on the law creating it, it is
not subject to abolition until its purpose has The LTFRB is authorized by the Public Service Act to set
been achieved the minimum fares for public transport. The LTFRB in
c) No, because only the people through initiative turn authorized through Circular No. 93-395 the
can repeal a law provincial Bus Operators to charge passengers rates
d) Yes, because Congress has plenary power and within the range of 15% above and below the official
it can repeal or amend a law LTFRB rate. Is the circular valid?
LIMITS OF LEGISLATIVE POWER a) Yes, because the circular contains sufficient

standards
I. Limits Imposed by International Law (Tanada) – PH b) Yes, because the circular meets the
enters a treaty with WTO. Said treaty “completeness test”
requires/mandates congress to enact a law to lower c) No, because it violates the principle that what
tariff rates for products coming in the PH in has been delegated cannot be further
conformity with the treaty.Issue: w/n congress power delegated
may be limited by treaty. d) No, because the standards found in the
circular are too broad to guide the delegate

Cases illustrating “potestas delegata non delegari lays down fundamental policy. (Free Telephone
potest”: Workers Union v. Minister of Labor, G.R. No. L-58184,
1. KMU v. Garcia – Congress – LTFRB/LTO – PBO October 30, 1981)
2. Exchegaray v. Secretary – Congress – Sec. Of
Justice – Director Of Bureau of Corrections (law Which standard is sufficient for a valid delegation?
authorized SOJ promulgate Death Manual on how
death penalty should be made.. held.-Invalid a) “public safety” in the creation of
delegation in view of the fact that SOJ has to municipalities by the President (TOO BROAD)
review the same) – OVER-DELEGATION b) “at his own discretion” – for the judge in
3. NPC DAMA v. National Power Corp., 503 SCRA imposing penalties (NO STANDARD)
138 (2006) – NPC is a GOCC. Board members are c) “as he may see fit” – for the Chairman of the
cabinet secretaries. Every time they have meeting, NMIC in the distribution of confiscated meet
only representatives of these cabinet secretaries d) “promotion of public health” – for the
attend. The SC held that actions made are null and Secretary of Health in deciding when to
void as only the cabinet secretaries are clothed abolish commercial blood banks
with delegated powers. They cannot delegate
further the same to respective representatives. Example of Completeness Test: Abakada v. Executive
What has been delegated cannot be delegated! Secretary, 469 SCRA 1 (2005) – The VAT Reform Act:
That the President, upon the recommendation of the
Tests for a valid delegation Secretary of Finance, shall, effective January 1, 2006,
1. Completeness Test – The law must be complete in raise the rate of value-added tax to twelve percent
all its terms and conditions that the delegate will (12%), after any of the following conditions has been
only have to enforce it satisfied: (PRESIDENT HAS NO DISCRETION)
2. Sufficient Standard Test – The law must contain
adequate guidelines to prevent the delegation i. Value-added tax collection as a percentage of
from running riot Gross Domestic Product (GDP) of the previous
year exceeds two and four-fifth percent (2
2005, No. 5 : (a) The 2 accepted tests to determine 4/5%); or
whether or not there is a valid delegation of legislative ii. National government deficit as a percentage
power are the Completeness Test and the Sufficient of GDP of the previous year exceeds one and
Standard Test. Explain each. one-half percent (1 ½%).
Under the COMPLETENESS TEST, a law must be Examples of Sufficient Standards:

complete in all its terms and provisions when it leaves 1. Tatad v. Secetary – early deregulation = “price of
the legislature that nothing is left to the judgment of petroleum are declining”; “peso-dollar exchange
the delegate. The legislature does not abdicate its rate is stable” - GOOD STANDARD
functions when it describes what job must be done, 2. Chiongbian v. Orbos – merge regions – ‘simplicity,
who is to do it, and what is the scope of his authority. economy and efficiency”- GOOD STANDARD
However, a delegation of power to make the laws 3. Beltran v. Secretary – phase out of commercial
which necessarily involves a discretion as to what it blood banks – “promotion of public health” GOOD
shall be may not constitutionally be done. (Edu v. STANDARD
Ericta, G.R. No. L-32096, October 24, 1970) 4. KMU – within “15% above and below the LTFRB
rate” BEST STANDARD
Under the SUFFICIENCY OF STANDARDS TEST, the
statute must not only define a fundamental legislative Examples of Unacceptable Standards
policy, mark its limits and boundaries, and specify the 1. Pelaez v. Auditor – creation of municipalities –
public agency to exercise the legislative power. It must “public welfare”
also indicate the circumstances under which the 2. 2005, No. 5: Sec. 32 of RA No. 4670 reads: “A
legislative command is to be effected. To avoid the person who shall willfully interferes with, restrain
taint of unlawful delegation, there must be a or coerce any teacher in the exercise of his rights
standard, which implies at the very least that the guaranteed by this Act or who shall in any other
legislature itself determines matters of principle and manner commit any act to defeat any provision of
the Act shall, upon conviction, be punished by a 3. The regulation must be published in the Official
fine of not less than one hundred pesos nor more Gazette
than one thousand pesos, or by imprisonment in
the discretion of the court. 2002, No. 17. Suppose that Congress passed a law
creating a Department of Human Habitat and
Is the provision granting the court the authority to authorizing the Secretary to promulgate rules and
impose a penalty of imprisonment in its discretion regulations. Suppose further that the law declared
constitutional? Explain. that violation of the implementing rules and
regulations so issued would be punishable as a crime
People v. Dacuycuy – No Standard in the law as and authorized the Secretary to prescribe the penalty
the court is given wide discretion for such violation. Of the law defines certain acts as
violations of the law and makes them punishable, for
What the delegate cannot do? example, with imprisonment of 3 years or a fine in the
1. Adding new standard: Tatad v. Secretary: “when discretion of the court, can it be provided in the
petroleum prices are declining, peso-dollar rate is implementing rules and regulations promulgated by
stable” + depletion of oil stabilization fund- (that the Secretary that their violation will also be subject to
cannot be done as the delegate may rely on his the same penalties as those provided in the law
standard added) itself?YES!
2. Changing legislative policy – Association v. PCA,
from regulation to deregulation(Delegate cannot 2011 Bar Exam, No. 52: 52. A law authorized the
congress policy) Secretary of Agriculture to require the quarantine of
3. Expanding his powers [Pharmaceuticals v. Duque] animals that suffer from dangerous communicable
– prosecute offenders of Milk Code [imposed diseases at such place and for such time he deems
fines]-law only provides for the prosecution of necessary to prevent their spread. The Secretary of
offenders… He cannot imposed fines) Agriculture issued a regulation, imposing a penalty of
4. Amending the law: Re: Entitlement… (2008) 5% - imprisonment for 10 days on persons transporting
SG 20 and above (Secretary of Health issued quarantined animals without his permission. The
circular fixing the entitlement to P4,998.00); regulation is:
Navarro v. Ermita (2010) (Creation of Dinagat as a) a valid exercise of the power of subordinate
province) – less than 2000 sq/kms legislation.
b) invalid for being ultra vires. (delegate should
LGC – Province land area requirement– 2000 sq/kms not change the tenor or amend the law)
c) a valid exercise of police power.
IRR provides – “The land area requirement shall not d) invalid for being discriminatory.
apply where the proposed province is composed of
one (1) or more islands.”- UNCONSTITUTIONAL as it
made EXCEPTIONS! Non-Legislative Powers of Congress (1988, No. 12)
1. Act as Board of Canvassers for Presidential and V-
But see, Navarro v. Ermita, April 12, 2011 – The Court Presidential election (Art. VII, Sec. 4)
concluded that the exemption with respect to a 2. Decide whether the President is temporarily
province was “inadvertently” omitted and Article 9(2) disabled (Art. VII, Sec. 11)
of the LGC-IRR was intended to correct the 3. Concur in the grant of amnesty by the President
congressional oversight in Section 461 of the LGC – (Art VII, Sec. 19)
and to reflect the true legislative intent. (thought to 4. Initiate (House) and try (Senate) impeachment
be violative as it amends the law) cases.
5. Act as a constituent assembly in amending or
Valid Administrative Rules with Penal Sanctions revising the Constitution (Art. XVII)
1. The statute must authorize promulgation of penal
sanctions Section 2. the Senate shall be composed of 24
2. The penalty must be provided by the statute itself Senators who shall be elected at large by the

qualified voter of the Philippines, as may be provided 1. After serving the 2nd of 2 consecutive terms, how
by law. long must a senator rest? 3 years
2. Is the Senate of continuing body?
Section 3. No person shall be a Senator unless he is a
natural-born citizen of the Philippines, and on the Arnault v. Nazareno and Arnault v. Balagtas (Old
day of the election, is at least 35 years of age, able to decision): YES! For the reason that under 1935
read and write, a registered voter, and a resident of Constitution, only 8 senators are elected every 2
the Philippines for not less than 2 years immediately years. Hence, there were 16 senators who remained
preceding the day of the election. members thereof, Hence, Quorum still exist at every
election.
Qualifications of Senators:
1. Natural-born citizens Garcillano v. House, GR No. 170338, Dec. 23, 2008
2. 35 years old on the day of election [Nachura] (New Decision): The senate is not anymore
3. Able to read and write a continuing body because we elect 12 senators every
4. Registered voter 3 years. So the remaining 12 senators do not anymore
5. Resident of the Philippines for at least 2 years constitute quorom.
2011 Bar Question, No. 94: A candidate for Senator Consequences:

must be at least 35 years old on: 1. Contempt - you can be detained for contempt by
Senate not longer than 3 years
a) the day he is duly proclaimed. 2. Publication of internal rules - Garciliano case:
b) the day the election is held. (ANSWER) Internal rules should be published every new
c) the day he files his certificate of candidacy. senate term as the Senate is no longer a
d) the day he takes his oath of office. continuing body)
3. [Legislative history] (Bills not successfully passed
Pimentel v. COMELEC, G.R. No. 161658, Nov. 3, 2008 during the past term have to be reintroduced
– Sec. 36(g) of RA 9165 and COMELEC Resolution again in the new congress term since the senate is
6486. The provision states: (g) All candidates for no longer a continuing body)
public office x x x both in the national or local
government shall undergo a mandatory drug test. Section 5. (1) The House of Representatives shall be
composed of not more than two hundred and fifty
INVALID as the same adds qualification for the members, unless otherwise fixed by law, who shall be
position of Senator when it is not provided in the elected from legislative districts apportioned among
constitution. the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their
Observation: this provision should have been applied respective inhabitants, and on the basis of a uniform
with respect to qualifications for local position as the and progressive ratio, and those who, as provided by
same is provided by LGC which a law enacted by law, shall be elected through a party-list system of
congress- STRANGE DECISION(GO DIRECTLY TO registered national, regional, and sectoral parties or
SECTION 5 THEN GO BACK TO SECTION 4) organizations.
Section 4. The term of office of the Senators shall be (2) The party-list representatives shall constitute
six years and shall commence, unless otherwise twenty per centum of the total number of
provided by law, at noon on the thirtieth day of June representatives including those under the party list.
next following their election. No Senator shall serve For three consecutive terms after the ratification of
for more than two consecutive terms. Voluntary this Constitution, one-half of the seats allocated to
renunciation of the office for any length of time shall party-list representatives shall be filled, as provided
not be considered as an interruption in the continuity by law, by selection or election from the labor,
of his service for the full term for which he was peasant, urban poor, indigenous cultural
elected. communities, women, youth, and such other sectors
as may be provided by law, except the religious
Questions: sector.
(3) Each legislative district shall comprise, as far as Nature of Party-List System
practicable, contiguous, compact, and adjacent 1. The party-list system is a social tool designed not
territory. Each city with a population of at least two only to give more law to the great masses of our
hundred fifty thousand, or each province, shall have people who have less in life, but also to enable them
at least one representative. to become veritable lawmakers themselves,
empowered to participate directly in the enactment of
(4) Within three years following the return of every laws designed to benefit them. It intends to make the
census, the Congress shall make a reappointment of marginalized and the underrepresented not merely
legislative districts based on the standards provided passive recipients of the State’s benevolence, but
in this section. active participants in the mainstream of
representative democracy. Thus, allowing all
Mariano v. COMELEC: Can membership in the House individuals and groups, including those which now
be increased piece-meal? YES! For the reason that it dominate district elections, to have the same
can create new legislative district from time to time opportunity to participate in party-list elections would
desecrate this lofty objective and mongrelize the
Aquino v. COMELEC: If a new district is created, must social justice mechanisms into an atrocious veneer for
a candidate satisfy the one year residency traditional politics.
requirement? YES! (Go Back to Section 4) 2. Crucial to the resolution of this case is the
fundamental social justice principle that those who
Bagabuyo v.COMELEC: Does the creation of a new have less in life should have more in law. The party-list
legislative district require a plebiscite in the areas system is one such tool intended to benefit those who
affected? (Political subdivision v. representative unit) have less in life. It gives the great masses of our
NO! Unlike a Local Government Unit, a new legislative people genuine hope and genuine power. It is a
district is not a political subdivision, it is a message to the destitute and the prejudiced, and even
representative unit. Hence, plebiscite is not required. those in the underground, that change is possible. It is
an invitation for them to come out of their limbo and
Sema v.COMELEC: Can the ARMM legislative assembly seize the opportunity.
create a municipality, city or province? It can create a
municipality but not a city (with a population of at Clearly, therefore, the Court cannot accept the
least 250,000) or province since creation of the same submissions xxx that the party-list system is, without
necessarily requires the creation of a legislative any qualification, open to all. Such position does not
district the power of which is only vested to the only weaken the electoral chances of the marginalized
congress. The Power to create a legislative assembly and underrepresented; it also prejudices it would
cannot be delegated to a local legislative assembly create a mirage. Instead of enabling the marginalized,
(ARMM). The power of a local legislative assembly is it would further weaken them and aggravate their
co-extensive with its territorial jurisdiction. marginalization. (Ang Bagong Bayani-OFW Labor
Party vs. COMELEC, G.R. No. 147589, June 26, 2001)
Aquino III v. COMELEC (2010): Is there a requirement
that each legislative district have a population of Party-list issues:
250,000? Creation of a new legislative district in
CAMSUR with only 175,000 population. SC said that A. On Parties/Organizations: Qualifications
the 250,000 population requirement applies only to a
city. There is NO such requirement to a legislative Latest Decision: Atong Paglaum Inc. vs Commission
district in a province. on Elections 694 SCRA 477
Mariano v. COMELEC: What about in cities? 250,000 A total of 280 groups and organizations registered to
population requirement is only needed in initial participate in the party-list election in 2013. The
district (first created legislative district). Otherwise COMELEC denied some of the new petitions for
stated, subsequent creation of another legislative registration and cancelled some of the existing
district need not comply with the 250,000 population registrations.
requirement.
Held: The framers of the 1987 Constitution intended independent sectoral party and is linked to a
the party-list system to include not only sectoral political party through a coalition.
parties but also non-sectoral parties. Section 5(1), 4. Sectoral parties or organizations may be
Article VI of the Constitution provides that the party- marginalized or underrepresented or lacking in
list system is composed of registered national, well-defined political constituencies. It is enough
regional and sectoral parties or organizations. The that their principal advocacy pertains to the
sectoral parties belong to only one of the three special interest of their sector. The marginalized
groups. National and regional parties or organizations and underrepresented sectors include labor,
need not be organized along sectoral lines and need peasant, fisher folk, urban poor, indigenous
not represent any particular sector. To require all cultural communities, handicapped, veterans and
national and regional parties to represent the overseas workers. The sectors that lack well-
marginalized and underrepresented is to deprive defined constituencies include professionals, the
ideology-based and cause oriented parties from the elderly, women and the young.
party-list system. 5. A majority of the members of sectoral parties or
organizations that represent the marginalized and
The major political parties are those that field underrepresented and lack well-defined political
candidates in the legislative district elections. They constituencies must belong to the sectors they
cannot participate in the part-list elections since they represent. The nominees must belong to their
do not lack well-defined political constituents nor sector OR must have a track record of advocacy of
represent marginalized and under-represented their sectors. The nominees of national and
sectors. regional parties or organization must be a bona
Major political parties can participate in the party-list fide members of such parties or organizations.
system only through their sectoral wings, a majority of 6. National, regional and sectoral parties or
whose members are marginalized and organizations shall not be disqualified if some of
underrepresented or lacking in well defined their nominees are disqualified, if they have at
constituencies. The sectoral wing is in itself an least one nominee who is qualified.
independent sectoral party and is linked to a major
party through a coalition.
Abang-Lingkod Party-list vs COMELEC 708 SCRA 133
A party-list nominee must be a bonafide member of
the party or organization he seeks to represent. In the The COMELEC cancelled the registration of Abang-
case of a sectoral party, to be bonafide paty-list Lingkod party-list for failure to present evidence of
nominee, one must belong to the sector represented track record in representing the marginalized and
or have a track record of advocacy of such sector. underrepresented.
In determining who may participate in the party-list Held: Sectoral parties are no longer required to
elections, the Commission on Elections should adhere adduce evidence showing their track record that they
to the following guidelines: have undertaken to further the cause of the sector
they represent. It is sufficient that their ideals are
1. National, regional and sectoral parties and geared towards the cause of the sector they
organizations may participate; represent.
2. National and regional parties or organizations
need not organize along sectoral lines nor Note: The 2 above cited cases are the latest decisions
represent any marginalized and underrepresented regarding party-list.
sector;
3. Political parties can participate in party-list When can there be a valid substitution of nominees?
elections provided they register under the party- Only when nominee: [RA 7941] (DIW)
list system and do not field candidates in the a) dies
legislative district elections. A political party that b) withdraws in writing his nomination
fields candidates in legislative district elections c) becomes incapacitated
can participate in party-list elections through its
sectoral wing, which can separately register under Lokin v. COMELEC, (2010) – COMELEC Resolution: “or
the party-list system. The sectoral wing is an his nomination is withdrawn by the party” - is it a
ground for valid substitution? NO! THIS IS ULTRA their total number of votes until all the seats
VIRES. You are adding grounds not provided by RA are allocated
7941. d) Each party or organization shall be entitled to
not more than three seats.
XVI, 2010: Rudy Domingo, 38 years old, natural-born
Filipino and a resident of the Philippines since birth, is 2007, No. 10. The Supreme Court has provided a
a Manila-based entrepreneur who runs KABAKA, a formula for allocating the seats for the party-list
coalition of peoples’ organizations from fisher folk representatives.
communities. KABAKA’s operations consist of
empowering fisherfolk leaders through livelihood a) The 20% allocation- the combined number of
projects and trainings on good governance. The Dutch all party-list congressmen shall not exceed
Foundation for Global Initiatives, a private 20% of the total number of membership of the
organization registered in The Netherlands, receives a House, including those elected under the party
huge subsidy from the Dutch Foreign Ministry, which, list.
in turn is allocated worldwide to the Foundation’s b) The 2% thresh-hold-only those parties
partners like KABAKA. Rudy seeks to register KABAKA garnering a minimum of 2% percent of the
as a party-list with himself as a nominee of the total valid votes cast for the party list system
coalition. Will KABAKA and Rudy be qualified as a are qualified to have a seat in the House.
party-list and a nominee, respectively? Decide with c) The 3-seat limit- each qualified party,
reasons. regardless of the number of votes it actually
obtained, is entitled to a maximum of 3 seats;
As a party, KABAKA is disqualified in view of the that is one qualifying and 2 additional seats
subsidy received from foreign government which is d) The first-party rule – additional seats which a
prohibited by Onmibus Election Code. As a nominee, qualified party is entitled to shall not be
he is not qualified as he is not a member of the sector determined in relation to the total number of
he seeks to represent. He should be a fisherman at votes garnered by the party with the highest
least to qualify. number of votes (NO longer applicable).
Under the party-list law, parties obtaining at least 2% Explain its legal basis.
votes nationwide shall be entitled to one guaranteed
seat each. What is the basis of the 2%? (Bagong Bayani Inviolable parameters to determine the winners in
v. COMELEC) Party-List election:
a) The number of registered voters 1. The Twenty Percent (20%) Allocation — the
b) The number of those who actually voted in combined number of all party-list congressmen
election shall not exceed twenty percent (20%) of the total
c) The number of those who voted under the membership of the House of Representative,
party list including those elected under the party-list;
d) The number of the valid votes casted for the 2. The Two Percent (2%) Threshold — only those
Party-List garnering a minimum of 2% of the total valid votes
cast for the party-list system are qualified to have
What is the procedure for the allocation of seats? a seat in the HOR;
3. The Three (3) Seat Limit — each qualified party,
a) The parties and organizations shall be ranked regardless of the number of votes it actually
from the highest to the lowest based on their obtained, is entitled to a maximum of 3 seats; that
number of votes is, one (1) qualifying and two (2) additional seats.
b) Those receiving at least 2% of the total votes 4. The Proportional Representation — the additional
cast shall be entitled to one guaranteed seat seats which a qualified party is entitled to shall be
each computed “in proportion to their total number of
c) Those garnering sufficient number of votes votes”. (Veterans Federation Party vs. COMELEC,
according to the ranking in paragraph (a) shall G.R. No. 136781, October 6, 2000)
be entitled to additional seats in proportion to

Citizens’ Battle Against Corruption v. COMELEC, 521
SCRA 254 (2007) – apply only the 2% rule apply only in Apportionment of legislative Districts (Section 5,
the first round. The second round for the purpose of paragraphs 3 and 4, Article VI) – Each legislative
additional seats, the same 2% rule does not apply district shall comprise, as far as practicable,
anymore. contiguous,compact, and adjacent territory. Each city
with a population of at least 250,000, or each
Banat v. COMELEC: In the first round of seat province, shall have at least one representative. Thisis
allocation, those who garnered 2% are entitled to one intended to prevent gerrymandering.
guaranteed seat. In the subsequent allocation, even
parties who got less than 2% are entitled to seats to Gerrymandering—the creation of representative
ensure that the 20% allotted by the party-list system districts out of separateportions of territory in order
are filled. to favor a candidate.
Sec. 11 of RA No. 7941 (Party-List System Act): The Within three (3) years following the return of every
parties, organizations and coalitions receiving at least census, the Congress shallmake a reapportionment of
two (2) percent (2%) of the total votes cast for the legislative districts based on the standards provided in
party-list system shall be entitled to one seat each; thissection.
provided, that those garnering more than two percent
(2%) of the votes shall be entitled to additional seats In Mariano vs. COMELEC, G.R. No. 118627, March 7,
in proportion to their total number of votes; provided, 1995, the Court held that the Constitution does not
finally, that each party, organization, or coalition shall preclude Congress from increasing its membership by
be entitled to not more than three (3) seats. (2nd passing a law other than a general apportionment law.
Paragraph was declared unconstitutional by SC) In fact, in Tobias vs. Abalos, 239 SCRA 106, the case
involved the division of San Juan and Mandaluyong
Effect of change of affiliation — Any elected party-list into two (2) representative districts. With the
representative who changes his political party or elevation of Mandaluyong from municipality into a
sectoral affiliation during his term of office shall forfeit highly urbanized city, both Mandaluyong and San Juan
his seat; provided that if he changes his political party were recognized by RA 7675 as distinct representative
or sectoral affiliation within 6 months before an districts. This was challenged on the ground that RA
election, he shall not be eligible for nomination as 7675 did not mention any census indicating that San
party-list representative under his new party or Juan and Mandaluyong had the minimal requirement
organization. of 250,000 inhabitants needed to constitute a district.
Neither did the challengers, however, give any
Vacancy: In case of vacancy in the seat reserved for evidence that the respective populations of each of
party-list representatives, the vacancy shall be the two political units were less than the number
automatically filled by the next representative from required. Hence the court presumed that Congress
the list of nominees in the order submitted to the had made due consideration of the minimum
COMELEC by the same party, organization or coalition, requirement. It ruled that reapportionment of
who shall serve for the unexpired term. If the list is legislative districts may be made through a special
exhausted, the party, organization or coalition law. To hold that reapportionment can be made only
concerned shall submit additional nominees. through a general law would create an inequitable
situation where a new city or province created by
In Citizen’s Battle Against Corruption (CIBAC) vs. Congress will be denied legislative representation for
COMELEC, G.R. No. 172103, April 13, 2007, the an indeterminate period of time. That intolerable
correct formula in ascertaining the entitlement to situation would deprive the people in the city or
additional seats of the first party and other qualified province a particle of that sovereignty. Sovereignty
party-list groups was clearly explicated in Veterans cannot admit subtraction; it is indivisible. It must be
wherein the multiplier used was the “number of forever whole or it is not sovereignty.
additional seats allocated to the first party.”
In Montejo vs. COMELEC, it was held that while
LABO DOCTRINE – doctrine of the rejection of the concededly the conversion of Biliran into a regular
second placer—not applicable in Party-List System province brought about an imbalance in the
distribution of voters and inhabitants in the 5 districts law, at noon on the thirtieth day of June next
of Leyte, the issue involves reapportionment of following their election.
legislative districts, and Petitioner’s remedy lies with
Congress. This Court cannot itself make the No member of the House of Representatives shall
reapportionment as petitioner would want. serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of
Section 6. No person shall be a Member of the House time shall not be considered as an interruption in the
of Representatives unless he is a natural-born citizen continuity of his service for the full term for which he
of the Philippines and, on the day of the election, is was elected.
at least twenty-five years of age, able to read and
write, and, except the party-list representatives, a 1996, No.13. X, a member of the House of
registered voter in the district in which he shall be Representatives, was serving his third consecutive
elected, and a resident thereof for a period of not less term in the House. In June 1996, he was appointed
than one year immediately preceding the day of the Secretary of National Defense. Can he run for election
election. to the Senate in the 1998 elections?
Qualifications for Membership in the Lower House: YES! X can run for the Senate in the 1988 election.
1. Natural-born citizen Under Section 7, Article X of the Constitution, having
2. 25 years old on the day of election served for three consecutive terms as Member of the
3. Able to read and write House of Representatives. X is only prohibited from
4. Registered voter in his district running for the same position.
5. Resident of his district for at least one year
2001, No. 5: During his 3rd term, A, a Member of the
Meaning of Residence: House was suspended from office for a period of 60
1. Marcos case – out of Leyte for 40 years - allowed days by his colleagues upon a vote of 2/3 of all the
to run for congress Members of the House. In the next succeeding
2. Aquino – leasing a condominium unit- Aquino election, he filed his certificate of candidacy for the
leased a condominium unit in Makati as basis of same position. B, the opposing candidate, filed an
his residency requirement though permanently action for disqualification of A on the ground that the
residing in Tarlac – Held: Not qualified latter’s candidacy violated Sec. 7, Art. VI, which
3. Domino – leasing a house for 1 year [But see provides that no Member of the House shall serve for
Fernandez v. HRET, 2009] (He showed a lease more than 3 consecutive terms. A answered that he is
contract for 1 year to show his compliance of not barred from running again for that position
residency requirement.) Held: not qualified as because his services was interrupted by his 6-day
there is no property requirement in the suspension which was involuntary.Can A legally
constitution. continue with his candidacy or is he already barred?
Conclusion – residence means only “domicile”- Why?
(permanent residence)
NO! He is barred. When a public official is suspended,
See also Mitra v. COMELEC, 2010: Mitra runs for his term is not interrupted. He continues to be such
Governor in Palawan but resided in Puerto Princesa, a but he prohibited from discharging his function during
highly urbanized city. 1 year before the end of his the duration of his penalty.
term in congress, he resided outside Puerto Princesa.
Held: NO problem, for he is running only for governor. SENATE HOUSE OF
It would have been otherwise if he ran for REPRESENTATIVES
congressman. HENCE, residency requirement means Composition: Composition: not more than
RESIDENCE provided he intends to permanently reside Twenty-four (24), elected 250 members, unless
at large by the qualified otherwise provided by law,
in the new place.
voters of the Philippines, consisting of:
as may be provided by a. District Representative —
Section 7. The Members of the House of law. elected from legislative
Representatives shall be elected for a term of three districts apportioned among
years which shall begin, unless otherwise provided by the provinces, cities and the
Metropolitan Manila area. f. At least 25 years of age
(Sec. 5, par. 1, Article VI) on the day of the election;
b. Party-List Representative g. The political party,
—constitutes 20% of the sector, organization or
totalnumber of coalition must represent the
representativeselected marginalized and
through a party-listsystem of underrepresented groups.
registered national,regional h. Must comply with the
and sectoral parties declared policy of
ororganization. enablingFilipino citizens
c. Sectoral belonging to marginalized
Representatives— ½ of seats and underrepresented
allocated to party- sectors to be elected to the
listrepresentatives shall be House of Representatives;
filled, asprovided by law, by i. Religious sector may not
selection orelection from be represented in the party-
the: list system;
1) Labor; j. A party or an
2) Peasant; organization must not be
3) Urban poor; disqualified under Sec. 6, RA
4) Indigenous 7941;
culturalcommunities; k. The party or
5) Women; organizationmust not be an
6) Youth; and adjunct of, or a project
7) Such other sectors as organized or anentity
may beprovided by law, funded or assisted bythe
except thereligious sector. government;
Qualifications: Qualifications: l. The party must not only
1. Natural-born citizen 1. Natural-born citizen of comply with the
of the Philippines; the Philippines; requirements likewise do so;
2. At least thirty-five 2. At least 25 years of age m. Not only the candidate
(35) years of age on the on the day of the election; party or organization must
day of the election; 3. Able to read and write; represent marginalized and
3. Able to read and 4. Registered voter in the underrepresented sectors;
write; district in which he shall be so also must its nominees;
4. Registered voter; elected except the party-list and
5. Resident of the representatives; n. The nominee must
Philippines for not less 5. Resident of the district likewise be able to
than 2 years immediately for a period of not less than contribute to the
preceding the day of the 1 year immediately formulation and enactment
election. preceding the day of the of appropriate legislation
election; that will benefit the nation
6. For party-list as a whole.
representatives or Term of office: 6 years — Term of office: three (3)
organizations: shall commence, unless years, which shall begin,
a. Natural-born citizen of otherwise provided by unless otherwise provided
the Philippines; law, at noon on the 30th by law, at noon of June 30
b. A registered voter; day of June next following next following their election.
c. A resident of the their election.
Philippines for a period of Disqualifications: Disqualifications:
not less than one (1) year 1. No Senator shall serve 1. Shall not serve for more
immediately preceding the for more than 2 than three (3) consecutive
day of the election; consecutive terms. terms. (Sec. 7, Article VI)
d. Able to read and write; Voluntary renunciation of 2. One who has been
e. A bona fide member of the office for any length declared by competent
the party or organization of time shall not be authority as insane or
which he seeks to represent considered as an incompetent
for at least ninety (90) days interruption in the 3. One who has been
preceding the day of the continuity of his service sentenced by final judgment
election;
for the full term for which for: act as sole judge of all Justices and six (6) members
he was elected. (Section a. Subversion; contest relating to of the Congress–Section 17,
4, Article VI) b. Insurrection; election returns and Art. VI
2. One who has been c. Rebellion; qualifications of their
declared by competent d. Any offense for which he respective members.
authority as insane or e. has been sentenced to a Removal: Thru EXPULSION Removal: EXPULSION by the
incompetent f. penalty of not more by the Senate with the House with the concurrence
3. One who has been than concurrence of two-thirds of two-thirds (2/3) of all its
sentenced by final g. 18 months; or (2/3) of all its members members (Sec. 16, par. 3,
judgment for: h. A crime involving moral (Section 16, par. 3, Article Art. VI)
a. Subversion; turpitude, unless given VI)
b. Insurrection; plenary pardon or granted
c. Rebellion; amnesty (Section 12, BP Note: Composition and qualifications are exclusive
d. Any offense for which 881—Omnibus Election under the principle of expression unios est exclusio
he has been sentenced to Code)
alterius, with the result that it is not competent for
a penalty of not more 4. Party-List
than 18 months; or Representatives: the Congress to provide by mere legislation for
e. A crime involving a. It is a religious sect or additional qualifications no matter how relevant they
moral turpitude, unless denomination, organization may be.
given plenary pardon or or association organized for
granted amnesty (Section religious purposes; In Marcos vs. COMELEC, 248 SCRA 300, the Court
12, BP 881— Omnibus b. It advocates violence
upheld the qualification of Imelda Marcos, despite her
Election Code) orunlawful means to seek
own declaration in her certificate of candidacy that
itsgoal;
c. It is a foreign party she had resided in the district for only seven (7)
ororganization; months, because of the following:
d. It is receiving support 1. A minor follows the domicile of his parents;
fromany foreign Tacloban became her domicile of origin by
government,foreign political operation of law when her father brought their
party,foundation,
family to Leyte;
organization,whetherdirectly
orthrough any of its 2. Domicile of origin is lost only when there is actual
officersor members or removal or change of domicile, a bona fide
indirectlythrough third intention of abandoning the former residence and
parties forpartisan establishing a new one, and acts which
electionpurposes; correspond with the purpose; in the absence of
e. It violates or fails clear and positive proof of the concurrence of all
tocomply with laws, rules
these, the domicile of origin should be deemed to
orregulations relating
toelections; continue;
f. It declares 3. The wife does not automatically gain the
untruthfulstatement in its husband’s domicile because the term “residence”
petition; in Civil Law does not mean the same thing in
g. It has ceased to exist Political Law; when Mrs. Marcos married
forat least one (1) year;
Ferdinand Marcos in 1954, she kept her domicile
h. viii. It fails to participate
of origin and merely gained a new home, not a
in thelast two
precedingelections or fails to domicilium necessarium;
obtainat least 2% of the 4. Even assuming that she gained a new domicile
votescast under the party- after her marriage and acquired the right to
listsystem in the two choose a new one only after her husband died,
preceding elections for the her acts following her return to the country clearly
constituency in which ithad
indicate that she chose Tacloban, her domicile of
registered. (Section 6,
RA7941) origin, as her domicile of choice.
Electoral Tribunal: Senate Electoral Tribunal: House of
Electoral Tribunal (SET)— Representative Electoral In Coquilla vs. COMELEC, G.R. No. 151914, July 31,
composed of three (3) Tribunal (HRET) — 2002, the SC ruled that he petitioner had not been a
Supreme Court Justices composed of nine (9) resident of Oras, Eastern Samar, for at least one year
and six (6) Senators—to members: 3 Supreme Court
prior to the May 14, 2001 elections. Although Oras b) 15 days after publication
was his domicile of origin, petitioner lost the same c) June 30, 2013
when he became a US citizen after enlisting in the US d) June 30, 2016 (date of expiration of full term
Navy. From then on, until November 10, 2000, when of senate and house)
he re-acquired Philippine citizenship through
repatriation, petitioner was an alien without any right Section 11. A Senator or Member of the House of
to reside in the Philippines. Representatives shall, in all offenses punishable by
not more than six years imprisonment, be privileged
In Caasi vs. COMELEC, it was held that the from arrest while the Congress is in session. No
immigration to the US by virtue of the acquisition of a member shall be questioned nor be held liable in any
“green card” constitutes abandonment of domicile in other place for any speech or debate in the Congress
the Philippines. or in any committee thereof.
Section 8. Unless otherwise provided by law, the Two Privileges:

regular election of the Senators and the Members of 1. Privilege from arrest
the House of Representatives shall be held on the 2. Privilege of speech and debate
second Monday of May. (Note: date must not be such
in a manner that the term cannot begin on the 30th of A. Privilege from Arrest/Parliamentary Immunity:
June)
Requisites:
Section 9. In case of vacancy in the Senate or in the 1. Offense is punishable by not more than 6 years
House of Representatives, a special election may be imprisonment (not more than prision correctional)
called to fill such vacancy in the manner prescribed 2. Congress is in session (Congress is not in official
by law, but the Senator or Member of the House of recess; if Congress is in recess but special session
Representatives thus elected shall serve only for the is called, he cannot be arrested)
unexpired term.
Can you file a case against him? Can the judge issue
Special Election – Requisites: RA No. 6645 order of arrest? Can he be allowed to attend session if
1. Resolution from Senate or House certifying to the his case is on appeal/detained while awaiting trial?
existence of a vacancy
2. Vacancy must occur 18 months (Senate) 1 year Jalosjos case: Convicted and the case was on appeal,
(House) before regular election he prayed that he be allowed to attend the session.
The immunity from arrest or detention of Senators
Can a tax-payer file suit to compel holding of and Members of the HOR arises from a provision of
election?Lozada v. COMELEC – No! Nobody can the Constitution. The history of the provision shows
compel the holding of election. It is within the that the privilege has always been granted in a
discretion of the Congress. restrictive sense. The provision granting an exemption
as a special privilege cannot be extended beyond the
Section 10. The salaries of Senators and Members of ordinary meaning of its term. It may not be extended
the House of Representatives shall be determined by by intendment, implication or equitable
law. No increase in said compensation shall take considerations.
effect until after the expiration of the full term of all
the Members of the Senate and the House of Because of the broad coverage of felony and breach of
Representatives approving such increase. the peace, the exemption applied only to civil arrests.
A congressman like the accused-appellant, convicted
If on July 1, 2010, in a special session, Congress under Title 11 of the Revised Penal Code could not
approves a law increasing the salary of the members claim parliament immunity from arrest. He was
to P1 million monthly, and the law is published subject to the same general laws governing all persons
immediately, when will it take effect? (PHILCONSA still to be tried or whose convictions were pending
case) appeal.
a) On July 1, 2010, the day it is approved

The present Constitution adheres to the same b) Grant the motion provided he posts bail since
restrictive rule minus the obligation of Congress to he is not a flight risk.
surrender the subject Congressman to the custody of c) Grant the motion so as not to deprive the
law. The requirement that he should be attending people who elected him their right to be
sessions or committee meetings has also been represented in the Senate.
removed. For relatively minor offenses, it is enough d) Deny the motion since immunity from arrest
that Congress is in session. does not apply to a charge of murder. (murder
is a crime punishable by imprisonment of
Accused-appellant argues that a member of Congress’ more than 6 years)
function to attend sessions is underscored by Section
16 (2), Article VI of the Constitution which states that B. Parliamentary Freedom of Speech
— A majority of each House shall constitute a quorum
to do business, but a smaller number may adjourn 1. Utterances made in the performance of their
from day to day and may compel the attendance of official functions (speeches delivered, votes cast)
absent Members in such manner, and under such 2. Bill introduced in Congress, whether the same is in
penalties, as such House may provide. session or not
3. Other acts either performed in the premises or
However, the accused-appellant has not given any outside in the official discharge of duties [Jimenez
reason why he should be exempted from the v. Cabangbang] – speeches before the Rotary Club
operation of Section 11, Article VI. The members of is not covered. But investigations conducted in
Congress cannot compel absent members to attend Central Bank of the Philippines are covered
sessions if the reason for absence is legitimate a one. because it is made in the discharge of functions.
The confinement of a Congressman charged with a
crime punishable by imprisonment of more than 6 Meaning of “Acts”:
years is not merely authorized by law, it has 1. Garcillano Tapes- can the senate listen the tapes
constitutional foundations. without violating the law governing the same?
Yes, it is covered by the freedom of speech within
When the voters of his district elected the accused- the meaning of acts.
appellant to Congress, they did so with full awareness 2. Bribe/physical injuries - not covered; it only
of the limitations on his freedom of action. They did so applies to speeches
with the knowledge that he could achieve only such
legislative results which he could accomplish within Note: may be liable “in any other place”—but not in
the confines of prison. To give a more drastic the Senate or Congress itself
illustration, if voters elect a person with full
knowledge that he is suffering from a terminal illness, Is the privilege absolute? No! because the member of
they do so knowing that any time, he may no longer the congress may be held accountable in the senate or
serve his full term in office. house for disorderly behavior (Osmena v. Pendatun)
Trillanes case: Detained but was not allowed to attend Pobre v. Santiago, 2009: Disbarment case - Miriam
since the law provides only the privilege from arrest cannot be held accountable since it is covered from
while congress in session. the privilege of speech.
2011, No. 32: Senator Bondoc was charged with “x x x I feel like throwing up to be living my middle
murder and detained at the Quezon City Jail. He years in a country of this nature. I am nauseated. I spit
invoked, in seeking leave from the court to attend the on the face of Chief Justice Artemio Panganiban and
session of the Senate, his immunity from arrest as a his cohorts in the Supreme Court, I am no longer
Senator. How should the court rule on his motion? interested in the position [of Chief Justice] if I was to
be surrounded by idiots. I would rather be in another
a) Deny the motion unless the Senate issues a environment but not in the Supreme Court of idiots x
resolution certifying to the urgency of his x x.”
attendance at its sessions.

Congressman X, a lawyer, delivered a sponsorship corporations or their subsidiaries, during his term
speech of a bill on the floor of the House of without forfeiting his seat.
Representatives during which he slandered a justice of
the Supreme Court, as well as several of his The purpose is to prevent him from owing loyalty to
colleagues. Which move will prosper against him? another branch of the government, to the detriment
of the independence of the legislature and the
a) Civil case for damages doctrine of separation of powers.
b) Criminal case for slander
c) Disbarment before the Supreme Court The prohibition is not absolute, what is not allowed is
d) Expulsion by the House of Representatives the simultaneous holding of that office and the seat in
the Congress. Any legislator may hold another office
Section 12. All Members of the Senate and the House or employment in the government provided he
of Representatives shall, upon assumption of office, forfeits his position in the Congress.
make a full disclosure of their financial and business
interests. They shall notify the House concerned of a Forfeiture of the legislator’s seat, or cessation of his
potential conflict of interest that may arise from the tenure, shall be automatic upon holding of the
filing of a proposed legislation of which they are incompatible office.
authors.
Scope of “Incompatible Office”:
Correlate Art. XI, Section 17. A public officer or a. Applies to office or employment (OFFICE should
employee shall, upon assumption of office and as be distinguished from employment as the former
often thereafter as may be required by law, submit a requires continuity like OMB. While the latter may
declaration under oath of his assets, liabilities, and net be momentarily like making speeches before UP
worth. In the case of the President, the Vice-President, Law Center receiving emoluments for the same, or
the Members of the Cabinet, the Congress, the be a lecturer in PHILJA (a school for judges)
Supreme Court, the Constitutional Commissions and b. Includes Government, subdivision, agency,
other constitutional offices, and officers of the armed instrumentality, government owned or controlled
forces with general or flag rank, the declaration shall corporations and subsidiaries (During his term,
be disclosed to the public in the manner provided by what is the consequence? Forfeiture of his seat in
law (SALN LAW – RA 6713). the Congress being a lawmaker)
Section 13. No Senator or a Member of the House of Liban v. Gordon, 593 SCRA 68 (2009): RA No. 95,
Representatives may hold any other office or 1947, the SC held in PNRC, out of 13 members of
employment in the Government, or any subdivision, Board, only 6 are presidential appointees. It means
agency, or instrumentality thereof, including PNRC is not a GOCC. Subsequently, SC declared the
government-owned or controlled corporations or charter of PNRC null and void because congress is
their subsidiaries, during his term without forfeiting prohibited from creating private corporations.
his seat. Neither shall he be appointed to any office
which may have been created or the emoluments Thus, PNRC is NOT a government office or a
thereof increased during the term for which he was government-owned or controlled corporation. But
elected. see, Boy Scouts of the Philippines v. COA, June 7,
2011, BSP was subjected to COA audit as Government
Two situations: Instrumentality notwithstanding members of the
1. Incompatible office Board are not Government Appointees. Note: There
2. Prohibited appointments seems to be a contradiction with Gordon case.
1. Incompatible Office — no Senator or member of 2. Forbidden Office — no Senator or member of the

the House of Representatives may hold any other House of Representatives shall be appointed to any
office or employment in the Government, or any office, which may have been created, or the
subdivision, agency, or instrumentality thereof, emoluments thereof increased during the term for
including government-owned or controlled which he was elected.

With this, even if the member of the Congress is It is allowed because it is a compatible office and it is
willing to forfeit his seat therein, he may not be an ex-officio capacity; thus, permissible.
appointed to any office in the government that has
been created or the emoluments thereof have been Section 14. No Senator or Member of the House of
increased during his term. Such a position is forbidden Representatives may personally appear as counsel
office. The purpose is to prevent trafficking in public before any court of justice or before the Electoral
office. Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
The provision does not apply to elective offices. interested financially in any contract with, or in any
franchise or special privilege granted by the
The appointment of the member of the Congress to Government, or any subdivision, agency, or
the forbidden office is not allowed only during the instrumentality thereof, including any government-
term for which he was elected, when such office was owned or controlled corporation, or its subsidiary,
created or its emoluments were increased. After such during his term of office. He shall not intervene in any
term, and even if the legislator is reelected, the matter before any office of the Government for his
disqualification no longer applies and he may pecuniary benefit or where he may be called upon to
therefore be appointed to the office. act on account of his office.
Scope of “Prohibited Appointment” Prohibitions:

1. To an office created during his term 1. Specific to lawyers-legislators
2. To an office whose emoluments have been
increased during his term 1973 Constitution: “without appellate jurisdiction”
Note: does not apply to election, nor appointment Can he represent himself in his own case?Puyat v. De
after his term expires Guzman: YES! That is not included in the prohibition.
What is prohibited is representing other people.
Grounds for loss of seat:
1. Sec. 13. Holding of incompatible office or Note: Cannot appear as counsel before any court or
employment before the Electoral Tribunals, quasi-judicial or other
2. Sec. 16. Expulsion as penalty for disorderly administrative bodies
behavior
3. Sec. 17. Disqualification after an election contest 2. Due to conflict of interest
4. Sec. 7. Voluntary renunciation a) Financially interested, directly or indirectly, in
contracts [note extent]
1993, N0. 11: How may Congressmen and Senators be b) Intervening in any office:
removed from office?As to Senators and 1) for his financial or pecuniary benefit
Congressmen, Art. III, section 16(3), of the 2) where he may be called upon to act by
Constitution. reason of his office
Are the grounds exclusive? No! Dimaporo v. Mitra - CONFLICT OF INTEREST — all members of the Senate
filing of candidacy to another public position is a and the HOR shall, upon assumption of office, make a
ground during his term as member of congress. full disclosure of their financial and business interests.
Congress can add to the list. Not exclusive grounds. They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
1987, No. 1: Assume that a law has been passed proposed legislation of which they are author.
creating the Export Control Board composed of:(b) The
Chairman of the Senate Committee on Trade and 2004, No. 3: JAR faces a dilemma: Should he accept a
Industry. Cabinet appointment now or run later for Senator?
Having succeeded in law practice as well as prospered
Determine whether the membership can be upheld. in private business where he and his wife have
substantial investments, he now contemplates public
service but without losing the flexibility to engage in
corporate affairs or participate in professional If the loan was granted before the effectivity of the
activities within ethical bounds.Taking into account Constitution on February 2, 1987, the PNB cannot
the prohibitions and inhibitions of public office extend its maturity after February 2, 1987, if the loan
whether as Senator or Secretary, he turns to you for was obtained for a business purpose. In such a case
advice to resolve his dilemma. What is your advice?If the extension is a financial accommodation which is
JAR, decides to be a Senator, which advice is legally also prohibited by the Constitution.
correct? So as not to violate the Constitution, JAR:
Section 15. The Congress shall convene once every
a) must close his law office year on the fourth Monday of July for its regular
b) must divest himself of all his business interest session, unless a different date is fixed by law, and
c) must refrain from entering into any contract shall continue to be in session for such number of
with government corporations days as it may determine until thirty days before the
d) must abstain from voting for a law which will opening of its next regular session, exclusive of
likely benefits his business interest Saturdays, Sundays, and legal holidays. The President
may call a special session at any time.
Which of the following acts of a Congressman is not in
conflict with the Constitution? Note: Compulsory recess is the 30 days before the
opening of its next regular session-4th Monday of July.
a) serving as a paid consultant of the Philippine WHILE CONGRESS CANNOT CALL A SPECIAL SESSION,
Charity Sweepstakes Office THE PRESIDENT CAN CALL THE SAME DURING
b) obtaining a permit to operate a cockpit from a COMPULSORY SESSION.
municipality
c) holding a seat in the Board of San Miguel Distinguish special session from regular session.
Corporation (since it is a private corporation) Regular Session are those made starting the 4th
d) appearing as counsel for another Monday of July until its compulsory recess while
Congressman’s wife in an appealed case for Special sessions are those called by the president
annulment of marriage before the Supreme while congress is in recess.
Court
Regular—convene once every year. The 4th Monday
1991, No. 9: After Feb. 2, 1987, the PNB grants loan to of July until 30 days before the start of new regular
Congressman X. Is the loan violative of the session (Section 14, Article VI) — adjournment is
Constitution? allowed — 30 days before the opening of its next
regular session — this is compulsory;
Suppose the loan had instead been granted before
Feb. 2, 1987, but was outstanding on the date with the Special —
remaining balance on the principal in the amount of a. Called by the President (Sec. 15, Article VI)—the
P50,000.00, can PNB validly give Congressman X an President has the power to call special session;
extension of time after said date to settle the without the call of President—impeachment
obligation? b. Due to a vacancy in the offices of the President
and VP at 10:00 am on the 3rd day after the
Whether or not the loan is violative of the 1987 vacancies (Sec. 10, Article VII)
Constitution depends upon its purpose. If it was c. Decide on the disability of the President because
obtained for a business purpose, it is violative of the the majority of all the members of the Cabinet has
Constitution. If it was obtained for some other disputed his assertion that he is able to discharge
purpose, e.g., for housing, it is not violative of the the powers and duties of his office (Section 11,
Constitution because under Section 16, Article XI, par. 3, Article VII)
Members of Congress are prohibited from obtaining d. To revoke or extend the Presidential Proclamation
loans from government-owned banks only if it is for of Martial Law or suspension of the Writ of
abusiness purpose. What are prohibited are those Habeas Corpus (Section 18, article VII)
which advances the lawmaker’s pecuniary interest.
Joint —
a. Voting separately —
1) Choosing the President (Section 4, Article VII); all its Members, suspend or expel a Member. A
2) Determine the President’s disability (Section penalty for suspension, when imposed, shall not
11, Article VII); exceed sixty days.
3) Confirming nomination of Vice-President
(Section 9, Article VI); (4) Each House shall keep a Journal of its
4) Declaring existence of state of war (Section proceedings, and from time to time publish the same,
23, Article VI); and excepting such parts as may, in its judgment, affect
5) Proposing constitutional amendments national security; and the yeas and nays on any
(Section 1, Article XVII). question shall, at the request of one-fifth of the
b. Voting jointly — members present, be entered in the Journal.
1) To revoke or extend proclamation suspending
the privilege of writ of habeas corpus (Section Each House shall also keep a Record of its
18, Article VII); and proceedings.
2) To revoke or extend declaration of martial law
(Section 18, Article VII). (5) Neither House during the sessions of the Congress
shall, without the consent of the other, adjourn for
What acts are prohibited during compulsory recess? more than three days, nor to any other place than
(applies only in legislative powers of the congress) that in which the two Houses shall be sitting.
Pimentel v. Congress: Canvassing is not legislative
power. Pimentel asked congress to stop the counting Election of Officers (Par. 1)
and canvassing of votes senatorial votes during
compulsory recess. The SC held that it can continue Santiago v. Guingona: Courts will not interfere with
since it is not acting its legislative powers. The same the election, unless there is grave abuse of discretion.
thing applies in impeachment cases. Congress can Definition of what is majority is not subject to review.
continue the proceeding while congress is in It is an internal dispute (political question).
compulsory recess.
Pimentel, Jr. v. Senate Committee, March 8, 2011:
Adjournment — Neither Chamber during session, (Quorum of 8 Senators) was provided by its internal
without consent of the other, adjourn for more than 3 rules.
days, nor any other place than that in which the two
Chambers shall be sitting (Section 16, par. 5, Article VI) Villar investigation C5 scandal: Is the quorum
provided in the internal rules valid? SC said generally,
Adjournment Sine Die — the interval between the it cannot review the internal rules of the Senate unless
session of one Congress and that of another; congress said rules violate the express provision of the
must “stop the clock” at midnight of the last day of constitution-a majority of each house shall constitute
session in order to validly pass a law quorum.
Section 16. (1) The Senate shall elect its President and Definition of Quorum (Par. 2) – A majority of each
the House of Representatives its Speaker, by a house. In the Senate, 13 can function. In the House,
majority vote of all its respective Members. 131 can pass laws.
Each House shall choose such other officers as it may
deem necessary. What is the basis for determination whether there is a
quorum? See Avelino v. Cuenco
(2) A majority of each House shall constitute a 1. Constitutional number
quorum to do business, but a smaller number may 2. Actual membership [dead, resigned or removed]
adjourn from day to day and may compel the 3. Exclude those out of the country-because they
attendance of absent Members in such manner, and cannot be reached by the process of RP
under such penalties, as such House may provide.
During the Senate session to expel “V” for disorderly
(3) Each House may determine the rules of its behavior, only 18 senators were actually present.
proceedings, punish its Members for disorderly Noynoy Aquino has assumed as President, Senator
behavior, and, with the concurrence of two-thirds of Trillanes was in detention, Lacson was a fugitive from
justice, 2 members were abroad, and 1 was in a local Members of Congress may also be suspended by the
hospital undergoing treatment for AIDS. What is the Sandiganbayan or by the Office of the Ombudsman.
minimum number of votes needed to expel Senator (Paredes vs. Sandiganbayan, G. R. No. 118364,
“V”? 2/3 (vote requirement) August10, 1995; Santiago vs. Sandiganbayan, G.R.
No. 128055, April 18, 2001)
a) 18
b) 16 The suspension in the Constitution is different from
c) 14 – 2/3 of 21 the suspension prescribed in RA 3019, Anti-Graft and
d) 12 Corrupt Practices Act. The latter is not a penalty but a
preliminary preventive measure and is not imposed
Par. 3: upon the petitioner for misbehavior as a member of
I. Rules of Proceedings: Arroyo De Venecia, Dela Paz Congress. (Paredes vs. Sandiganbayan, G.R. No.
v. Senate (2009) 118364, August 10, 1995)
General Rule: It may be suspended by the body In Miriam Defensor-Santiago vs. Sandiganbayan, G.R.
adopting them (suspension of reading of minutes). No. 128055, April 18, 2001, Section 13 of RA 3019
(where it appears to be a ministerial duty of the court
Exceptions: SC cannot review unless: to issue the order of suspension upon a determination
1. rules of procedure is not consistent with the of the validity of the criminal information filed before
constitution; it) does not state that the public officer should be
2. if it affects the rights of the other persons which suspended only in the office where he is alleged to
are not members as of the case of legislative. (If it have committed the acts charged. Furthermore, the
does not affect the rights of others, it need not be order of suspension provided in RA 3019 is distinct
published. Hence, it cannot suspend the rules) from the power of Congress to discipline its own
ranks. Neither does the order of suspension encroach
II. Discipline of members: Is it subject to judicial upon the power of Congress. The doctrine of
review: Alejandro v. Quezon, Osmena v. Pendatun separation of powers, by itself, is not deemed to have
– “disorderly behavior”- SC said that the one who effectively excluded the members of Congress from
can define DISORDERLY BEHAVIOR is the one RA 3019 or its sanctions.
where the same took place. Hence SC cannot
review and define the same. Disorderly behavior III. What penalty may be imposed?
are acts committed outside congress in view of
the expulsion of Rep. Singson who was found Not subject to review, except:
guilty of possession of cocaine in HK. 1. grave abuse of discretion; and
2. it contravenes the constitution
Each house may punish its members for disorderly
behavior and, with concurrence of 2/3 of all its Note: Suspension should not be more than 60 days. If
members, suspend (for not more than 60 days) or more than that, judicial review may be had.
expel a member.
Is the power to suspend exclusive? Santiago [2001] and
The interpretation of disorderly behavior is the Paredes [1995] cases
prerogative of the House concerned and cannot be
judicially reviewed. Impeachment of Corona: Santiago is suggesting
whether or not Corona be punished with reprimand
In Osmeña vs. Pendatun, 109 Phil 863, the only instead of removal. What will be the voting
determination of the acts which constitutes disorderly requirement if only reprimand is the punishment
behavior is within the full discretionary authority of because the constitution only provides that 2/3 must
the House concerned, and the Court will not review be had in case of suspension and removal? The SC
such determination, the same being a political held that the constitution does not provide the
question. number of votes for reprimand. Hence, simple
majority is sufficient.

2004, 1 (b): SDO was elected Congressman. Before 3. Enrolled bill – bill finally passed by both Houses,
the end of his first year in office, he inflicted physical signed by proper officers and approved by the
injuries on his colleague, ETI, in the course of a heated President
debate. Charges were filed in court against him as well
as in the House Ethics Committee. Later, the House, Journal/Enrolled Bill Cases:
dividing along party lines, voted to expel him. 1. US v. Pons – law passed when not in session –
Claiming that his expulsion was railroaded and tainted Journal is conclusive
by bribery, he filed a petition seeking a declaration by 2. Casco v. Gimenez – urea formaldehyde (law) “urea
the Supreme Court that the house gravely abuse its and formaldehyde” journal – enrolled bill will
discretion and violated the Constitution. He prayed prevail.
that his expulsion be annulled and that he would be 3. PJA v. Prado/Tolentino – secret insertions
restored by the Speaker to his position as
Congressman.Is SDO’s petition before the Supreme Contents of Enrolled Bill is conclusive – Farinas v.
Court justiciable? Cite the pertinent issues for Executive: no copies distributed before approval.
consideration? Enrolled bill is conclusive as the Proper officer signed
and certified that the procedure was made in
The petition must fail. It is not justiciable. This is accordance with law.
political question. There is no provision allleged to
have been violated. LEGISLATIVE JOURNAL — regarded as conclusive with
respect to matters that are required by the
2002, No. 2: Simeon Valera was formerly Provincial Constitution to be recorded therein. With respect to
Governor of Iloilo who ran and won as Member of the other matters, in the absence of evidence to the
House. For violation of Sec. 3 of the Anti-Graft Law contrary, the journals have also been accorded
committed while still Governor, a criminal complaint conclusive effects. Thus, in US vs. Pons, this Court
was filed against him with the Sandiganbayan. In the spoke of the imperatives of public policy for regarding
course of the trial, the Sandiganbayan issued an order the Journals as “public memorials of the most
preventively suspending him for 90 days. permanent character,” thus: “They should be public,
Representative Valera questioned the validity of the because all are required to conform to them; they
Sandiganbayan order on the ground that, under Art. should be permanent, that rights acquired today upon
VI, Sec. 16 (3) of the Constitution, he can be suspended the faith of what has been declared to be law shall not
only by the House and that the criminal case against be destroyed tomorrow, or at some remote period of
him did not arise from his actuations member of the time, by facts resting only in memory of individuals.
House of Representatives. Is Valera’s contention (Arroyo vs. De Venecia, 277 SCRA 268)
correct?
Matters that are required to be entered on the
a) No, because the power of the court to impose Journal:
preventive suspension is statutory and distinct 1. The yeas and nays on the 3rd and final reading of
from the power of the House to suspend a a bill;
member 2. The yeas and nays on any question, at the request
b) Yes, because the power of the House to of 1/5 of the members present;
suspend a member is exclusive 3. The yeas and nays upon re-passing a bill over the
c) Yes, because under the Constitution, a President’s veto; and
member of the House cannot be suspended 4. The President’s objection to a bill he had vetoed.
for more than 60 days (Arroyo vs. De Venecia, 277 SCRA 268)
d) Yes, because the suspension violates the
doctrine of separation of powers Journal entry vs. enrolled bill — Enrolled bill prevails,
except to matters, which under the Constitution, must
Par. 4: To be kept by each House: entered into the Journal. (Morales vs. Subido, 26 SCRA
1. Record – word for word transcript of deliberations 150)
2. Journal – summary of what transpired during a
session Section17. The Senate and the House of
Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating Meaning of “sole judge” “Contest” – Contest applies
to the election, returns, and qualifications of their only when somebody is already proclaimed. This is a
respective Members. Each Electoral Tribunal shall be battle between 2 persons, one seeking to unseat the
composed of nine Members, three of whom shall be other.
Justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be Members Note: No appeal lies. Appeal is merely statutory. The
of the Senate or the House of Representatives, as the remedy is Rule 65, Certiorari (Special Civil Action)
case may be, who shall be chosen on the basis of based on Grave Abuse of Discretion.
proportional representation from the political parties
and the parties or organizations registered under the HRET — although attached to the Congress, has
party-list system represented therein. The senior separate and distinct personality. It was created as a
Justice in the Electoral Tribunal shall be it Chairman. non-partisan court. It must be independent of
Congress and devoid of partisan influence and
2006, No. 5: 1. What are the functions of the Senate consideration. Members of HRET, once appointed
Electoral Tribunal and the House of Representatives thereto, they shall be accorded thereto of security of
Electoral Tribunal? Sole judge of all contests relating tenure to ensure their impartiality and independence.
to the election, returns, and qualifications of their
respective Members Bondoc vs. Pineda, 201 SCRA 792, “Disloyalty to the
party” and “Breach of party discipline” are not valid
2. What is the composition of each? grounds for the expulsion of a member. HRET
a) 3 Justices members enjoy security of tenure; their membership
b) 6 Congressmen or Senators, as the case may may not be terminated except for a just cause such as
be the expiration of congressional term, death,
resignation from the political party, formal affiliation
Independence of the Tribunal with another political party, or removal for other valid
causes.
I. From Congress
1. Bondoc - cannot tinker with composition (Bar Pimentel vs. HRET, G.R. No. 141489, November 29,
2002); once you are member of the tribunal, 2002, the SC said that even assuming that the party-
you enjoy security of tenure- hence you list representatives comprise a sufficient number and
cannot be removed by your party on the have agreed to designate common nominees to the
ground of disloyalty HRET and Commission on Appointments, their primary
2. Lazatin- Tribunal rules trumps law –Internal recourse clearly rests with the House of
rules of Electoral Tribunal (10 days) is superior Representatives and not with the Court. Only if the
to a law (15 days) relative to period of filing of House fails to comply with the directive of the
a protest. Constitution on proportional representation of
political parties in the HRET and Commission on
II. From the Supreme Court Appointments can the party-list representatives seek
1. Libaan-ballot appreciation recourse from this Court through judicial review.
2. Garcia -cash deposit (If tribunal committed Under the doctrine of primary administrative
error in the interpretation of its rules, SC jurisdiction, prior recourse to the House is necessary
cannot review and reverse the same as ET is before the petitioners may bring the case to Court.
independent body and sole judge of ERQ of
congress members Imelda Romualdez-Marcos vs. COMELEC, 248 SCRA
300 — As to the HRET’s supposed assumption of
Exception:Arroyo and Martinez cases: grave abuse of jurisdiction over the issue of petitioner’s qualifications
discretion – Arroyo case exception: Due process was after the May 8, 1995 elections, suffice it to say that
violated in the counting of votes of Joker Arroyo; HRET’s jurisdiction as the sole judge of all contests
ballots were lost resulting to anomalous way of relating to the elections, returns and qualifications of
counting of votes. members of Congress begins only after a candidate
has become a member of the House of
Representatives (Article VI, Section 17). Petitioner not
being a member of the House of Representatives, it is constitutes a denial of due process of law, or upon
obvious that HRET at this point has no jurisdiction demonstration of a very clear unmitigated error,
over the question. COMELEC is not ousted of manifestly constituting such grave abuse of discretion
jurisdiction. See also Section 6 of RA 6646. that there has to be remedy for such abuse.
Guerrero vs. COMELEC, 336 SCRA 458 (July 26, 2000) The Court does not venture into the perilous area of
— While the Congress is vested with the power to correcting perceived errors of independent branches
declare valid or invalid certificate of candidacy, its of government; it comes in only when it has to
refusal to exercise the power following the vindicate a denial of due process or correct an abuse
proclamation and assumption of Fariñas is a of discretion so grave or glaring that no less than the
recognition of the jurisdictional boundaries separating Constitution itself calls for remedial action. (Libanan
the COMELEC and the HRET. Under Article VI, Section vs. HRET, 283 SCRA 520)
17 of the Constitution, the HRET has the sole and
exclusive jurisdiction over all contests relative to the Summary of Remedies:
elections, returns and qualifications of members of 1. Before proclamation (COMELEC) [Aquino, Marcos]
the House of Representatives. Thus, once a winning 2. After proclamation (w/in 10 days) (HRET/SET),
candidate has been proclaimed, taken his oath, and except Limkaichong (citizenship) residency?
assumed office as a member of the HOR, COMELEC’s Limkaichong - if the challenge is on citizenship,
jurisdiction over election contests relating to his you can file contest with the Tribunal even after
elections, returns and qualifications ends, and the the lapse of 10 day period as citizenship is a
HRET’s own jurisdiction begins. Thus, the COMELEC’s continuing requirement. It is believed that
decision to discontinue exercising jurisdiction over the RESIDENCY may also be covered by this as
case is justifiable, in deference to the HRET’s own RESIDENCY is a continuing requirement.
jurisdiction and functions. 3. Beyond the 10 days [only for certain grounds]
(Dimaporo – election protest; allegation of
Appeal from SET or HRET Decision cheating; erroneous proclamation)
a) Expulsion
The Constitution mandates that the HRET and the SET b) Dropping off from the rolls
shall each, respectively, be the sole judge of all
contest relating to the elections, returns and DIMAPORO case– while he was a congressman, he
qualifications of their respective members. filed a candidacy as governor of ARMM. He was
dropped from the rolls of the house. Held: The HOUSE
The Court has stressed that so long as the Constitution has the right to inquire the fitness of its members to
grants the HRET the power to be the sole judge of all continue as member thereof. Example: Expulsion of
contests relating to the elections, returns and Son of Singson for Disorderly behavior after having
qualifications of members of the House of been arrested for possession of cocaine.
Representatives, any final action taken by the HRET on
a matter within its jurisdiction shall, as a rule, not be Sampayan v. Daza – Quo warranto proceeding with
reviewed by the Supreme Court. The power granted to SC; issue was the citizenship of Daza. SC said it has no
the Electoral Tribunal excludes the exercise of any jurisdiction. It should have been filed with the HRET. It
authority on the part of this Court that would in any would have been different had Limkaichong case was
wise restricts it or curtail it or even affect the same. had at the time of filing thereof.
In Robles vs. HRET, the Court has explained that while Barbers v. COMELEC/Vinzons-Chatto – annulment of
the judgments of the Tribunal are beyond judicial proclamation of senator/congressman with COMELEC;
interference, the Court may do so, however, but only The SC held that once there is already a proclamation,
“in the exercise of the SC’s so-called extraordinary the COMELEC is already without jurisdiction relative to
jurisdiction upon determination that the Tribunal’s election. It should be filed in the HRET or SET.
decision or resolution was rendered without or in
excess of its jurisdiction, or with grave abuse of Pimentel III v. COMELEC – no pre-proclamation case
discretion, or upon a clear showing of such arbitrary allowed; once there is proclamation, COMELEC is
and improvident use by the Tribunal of its power as divested of jurisdiction.
d) No, only the HRET can remove a member as a
Bello v. COMELEC, Dec. 7, 2010 – issue on consequence of an election protest
qualification of Mikey Arroyo; proclaimed by
COMELEC; thus, it should be filed with the HRET. 2009, No. II. Despite lingering questions about his
Filipino citizenship and his one-year residence in the
Exceptions: district, Gabriel filed his certificate of candidacy for
1. Lokin v. COMELEC, 621 SCRA 385 (2010) – congressman before the deadline set by law. His
Certiorari to annul COMELEC Resolution before opponent, Vito, hires you as lawyer to contest
the Supreme Court – Grounds for Replacement as Gabriel's candidacy.
HRET member pursuant to law are:
a) if you DIE; [a] Before election day, what action or actions will you
b) Withdraw, institute against Gabriel, and before which court,
c) Resign commission or tribunal will you file such action/s?
But COMELEC added one ground that is when Reasons.
your party withdrew your nomination. SC said it
had to take cognizance in so far as COMELEC File a disqualification case before the COMELEC
Resolution is concerned, adding the qualification because DISQUALIFICATION CASES BEFORE
which was declared NULL AND VOID. PROCLAMATION are within the province of the
COMELEC
ABC v. COMELEC, March 22, 2011 – Petition to cancel
the registration of a party under the party list [c] If the action/s instituted should be dismissed with
[COMELEC] – If you are challenging the qualification of finality before the election [by the COMELEC], and
the party list nominee who has been proclaimed, go to Gabriel assumes office after being proclaimed the
HRET. But if you are challenging or cancelling the winner in the election, can the issue of his candidacy
registration of a political party, you go to COMELEC. and/or citizenship and residence still be questioned
BEFORE THE HRET? If so, what action or actions may
2002, No. 4: In an election case, the House Electoral be filed and where? If not, why not?
Tribunal rendered a decision upholding the election
protest of A, a member of the Freedom Party, against What happened here is that after the petition for
B, a member of the Federal party. The deciding vote in disqualification was dismissed by the COMELEC, Vito
favor of A was cast by Representative X, a member of failed to petition the same before the SC and Gabriel
the Federal party. was subsequently proclaimed as Congressman. Can
Vito question his qualification before the HRET?
For having voted against his partymate, X was
removed by Resolution of the House of a) No, because it is now res judicata
Representatives, at the instance of his party (the b) No, because it will constitute forum shopping
Federal Party) from membership in the NHET. X c) No, because Vito should have challenged the
protested his removal on the ground that he voted on decision of the COMELEC before the Supreme
the basis of the evidence presented and contended Court on certiorari
that he had security of tenure as a HRET member and d) Yes, because the HRET is the sole judge of all
he cannot be removed except for a valid cause. contests relating to the qualifications of the
members of the House
With whose contention do you agree? [Is the removal
proper? 2011 Bar Question, No. 55. Xian and Yani ran for
Congressman in the same district. During the
a) Yes, the a political party has a right to canvassing, Yani objected to several returns which he
determine who should represent it said were tampered with. The board of canvassers did
b) Yes, disloyalty to the party is a valid ground to not entertain Yani's objections for lack of authority to
dismiss a member from his party and from his do so. Yani questions the law prohibiting the filing of
seat in the HRET pre-proclamation cases involving the election of
c) No, a member of the HRET enjoys security of Congressmen since the Constitution grants COMELEC
tenure because HRET is an independent body
jurisdiction over all pre-proclamation cases, without Guingona v. Gonzales – The composition of the
distinction. Is Yani correct? Senate included 15 from the LDP, 5 from the NPC, 3
from Lakas and one from LP. Excluding the Senate
a) Yes, the Constitution grants jurisdiction to President, how many senators should sit in the
COMELEC on all pre-proclamation cases, Commission on Appointments:
without exception.
b) No, COMELEC’s jurisdiction over pre- a) 12
proclamation cases pertains only to elections b) 11
for regional, provincial, and city officials. (No c) 10 LDP-7 NPC-2- LAKAS-1 (a party must have
pre-proclamation cases allowed involving at least 2 senators to be entitled with one
president, vice, senator and congressmen) seat)
c) No, COMELEC’s jurisdiction over pre- d) 9
proclamation cases does not include those
that must be brought directly to the courts. Note: Filling up of all allocated number is not
d) Yes, any conflict between the law and the necessary since there is already a quorom
Constitution
2002, No. 3: Suppose there are 202 members of the
Section 18. There shall be a Commission on House. Of the number, 185 belongs to the Progressive
Appointments consisting of the President of the Party of the Philippines or (PPP), while 17 belong to
Senate, as ex officio Chairman, twelve Senators, and the Citizen Party or CP. How would you answer the
twelve Members of the House of Representatives, following questions regarding the representation of
elected by each House on the basis of proportional the House in the Commission on appointments?
representation from the political parties or
organizations registered under the party-list system A. How many seats would PPP be entitled to have in
represented therein. The Chairman of the the commission on Appointments? Explain.
Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted The 185 members of the Progressive Party of the
to it within thirty session days of the Congress from Philippines represent 91.58 per cent of the 202
their submission. The Commission shall rule by a members of the House of Representatives. In
majority vote of all the Members. accordance with Article VI, Section 18 of the
Constitution, it is entitled to have ten of the twelve
Commission on Appointments (Section 18, Article VI) seats in the Commission on Appointments. Although
– The Commission is independent of the two Houses the 185 members of Progressive Party of the
of Congress; its employees are not, technically, Philippines represent 10.98 seats in the Commission
employees of Congress. It has the power to on Appointments, under the ruling in Guingona v.
promulgate its own rules of proceedings. Gonzales, 214 SCRA 789 (1992), a fractional
membership cannot be rounded off to full
Powers: Act on all appointments submitted to it membership because it will result in
within 30 session days of Congress from their overrepresentation of that political party and
submission; to act on Presidential appointments; has underrepresentation of the other political parties.
power to promulgate its own rules of proceedings.
B. Suppose 15 of the CP representatives, while
Composition: maintaining their party affiliation, entered into a
1. Senate President — acts as Ex-Officio Chairman political alliance with the PPP in order to form the
2. 12 Senators and 12 Members of the House of “Rainbow Coalition” in the House. What effect, if any,
Representatives, elected by each house on the would this have on the right of the CP to have a seat or
basis of proportional representation from the seats in the Commission on Appointments?
political parties and organizations registered
under the party-list system represented therein. The political alliance formed by the 15 members of the
Note: Chairman shall not vote except in case of a tie. Citizens Party with the Progressive Party of the
Philippines will not result in the diminution of the
number of seats in the Commission on Appointments
to which the Citizens Party is entitled. As held in 1. Sec. 21 - Legislative investigation – appearance is
Cunanan v. Tan, 5 SCRA 1 (1962), a temporary alliance mandatory
between the members of one political party and 2. Sec. 22 - Question Hour – appearance is voluntary
another political party does not authorize a change in
the membership of the Commission on Appointments, These two (2) sections should not be considered as
Otherwise, the Commission on Appointments will pertaining to the same power of Congress. One
have to be reorganized as often as votes shift from specifically relates to the power to conduct inquiry in
one side to another in the House of Representatives. aid of legislation, the aim of which is to elicit
information that may be used for legislation, while the
Section 19. The Electoral Tribunals and the other pertains to the power to conduct a question
Commission on Appointments shall be constituted hour, the objective of which is to obtain information in
within thirty days after the Senate and the House of pursuit of Congress’ oversight function.
Representatives shall have been organized with the
election of the President and the Speaker. The Section 21 (Legislative Section 22(Question
Commission on Appointments shall meet only while investigation) Hour)
the Congress is in session, at the call of its Chairman 1. Any person may 1. Only department
or a majority of all its Members, to discharge such appear head may appear
2. The Committees 2. The entire body
powers and functions as are herein conferred upon it.
conduct the conduct the
investigation investigation
Ad-interim Appointment - Appointment made while 3. The subject matter is 3. The subject matters
Congress is not in session. any matter for the are matters related to
purpose of legislation the department only
Section 20. The records and books of accounts of the 4. Appearance is 4. Appearance is
mandatory Discretionary
Congress shall be preserved and be open to the public
in accordance with law, and such books shall be
Senate vs. Ermita, G.R. No., 169777, April 20, 2006,
audited by the Commission on Audit which shall
while attendance to Congressional hearings is
publish annually an itemized list of amounts paid to
discretionary on the part of the department heads
and expenses incurred for each Member.
during “question hour,” such is not in the case in
inquiries in aid of legislation, except upon a valid and
Section 21. The Senate or the House of
express claim of “executive privilege.”
Representatives or any of its respective committees
may conduct inquiries in aid of legislation in
The principle of separation of powers is the reason
accordance with its duly published rules of
why executive officials may not be compelled to
procedure. The rights of persons appearing in or
attend hearings when Congress exercises its oversight
affected by such inquiries shall be respected.
functions. Though, this is not the case when the
Congress exercises its power of inquiry in aid of
Section 22. The heads of departments may upon their
legislation. Sections 21 and 22 of Article VI, therefore,
own initiative, with the consent of the President, or
while closely related and complementary to each
upon the request of either House, as the rules of each
other, should not be considered as pertaining to the
House shall provide, appear before and be heard by
same power of Congress. one specifically relates to
such House on any matter pertaining to their
the power to conduct an inquiry in aid of legislation,
departments. Written questions shall be submitted to
the aim of which is to elicit information that may be
the President of the Senate or the Speaker of the
used for legislation, while the other pertains to the
House of Representatives at least three days before
power to conduct a question hour, the object of which
their scheduled appearance. Interpellations shall not
is to obtain information in pursuit of Congress’
be limited to written questions, but may cover
oversight function.
matters related thereto. When the security of the
State or the public interest so requires and the
Sabio vs. Sen. Gordon, G.R. No. 174340, October 17,
President so states in writing, the appearance shall
2006, the Congress’ power of inquiry, being broad,
be conducted in executive session.
encompasses everything that concerns the
administration of existing laws as well as proposed or
Distinction:
possibly needed statutes. It even extends to Question Hour — integral in a parliamentary
government agencies created by Congress and officers government; the heads of departments may, upon
whose positions are within the power of Congress to their own initiative, with the consent of the President,
regulate or even abolish. A mere provision of law or upon the request of either house, as the rules of
cannot pose a limitation to the broad power of each house shall provide, appear before and be heard
Congress, in the absence of any constitutional basis. by such house on any matter pertaining to their
departments. Written questions shall be submitted to
Power to conduct inquiries in aid of legislation the President of the Senate or the Speaker of the
(Investigatorial Power) – not absolute; subject judicial House at least 3 days before their scheduled
review in view of the expanded power of the court to appearance. Interpolations shall not be limited to
determine whether there has been grave abuse of written questions, but may cover matters related
discretion amounting to lack or excess of jurisdiction. thereto. When the scrutiny of the State or the public
interest so requires, the appearance shall be
Limits of Legislative Investigation: conducted in executive session.
1. Must be in aid of legislation
a) re-examination of any law, Arnault vs. Nazareno, 87 Phil. 29— the inquiry, to be
b) in connection with a proposed law (PENDING within the jurisdiction of the legislative body making
BILL), or it, must be material or necessary to the exercise of a
c) formulation of a future legislation, or power in it vested by the Constitution, such as to
d) in the exercise of any of its powers under the legislate or to expel a member. (The power to conduct
Constitution (investigation in relation to an Inquiry is integral and implied of legislative power)
impeachment case)
2. According to its duly published rules Standard Chartered Bank vs. Senate Committee on
3. Rights of persons must be respected Banks, G.R. No. 167173, December 27, 2007, the
4. No pending case in court (Majaducon, Bengzon) – mere filing of a criminal or an administrative
abandoned in Standard case complaint before a court or a quasi-judicial body
New rule: Congress can go on with its legislative should not automatically bar the conduct of legislative
investigation even if there is pending civil, criminal investigation. Otherwise, it would be extremely easy
case in other tribunal to subvert any intended inquiry by Congress through
the convenient ploy of instituting a criminal or
Inquiry in aid of legislation — they may not validly administrative complaint.
refuse to appear if:
1. It will impair the work of Congress Cases:
2. It will violate the rights of the people to 1. In re: Sabio: Can a law be passed exempting
information on matters of public concern (Section certain officials from attending? PCCG Officials
7, Article III) were exempted by Cory Aquino under the EO
pursuant to here legislative power. The SC held
Procedural Matters: that the law is unconstitutional. The power of the
1. Garcilliano: Should the Rules be published every legislative inquire is compulsory. Any law limiting
time a new Senate is sworn in even if the Rules such power is unconstitutional.
have not been amended?- Publication is a must in 2. Can one invoke privacy? Self-Incrimination? One
every 3 years in view of the settled rule that can invoke privacy; also, right against self-
congress is no longer a continuing body incrimination is superior to legislative power of
2. Can publication be done in the internet? No! It inquiry; also bank secrecy law
must be published in OG and Newspaper of Note: This is not a ground not to appear but to
General Circulation refuse to answer
3. Note: advance list of questions (sec. 21) 3. Gudani v. Senga: Can the President prohibit
military officers from appearing? YES! Military
Neri Case: advance list of questions must be given to officers should follow his commander in chief , the
members of the cabinet appearing under Sec. 21 president. He cannot attend legislative inquiry
without the consent of the president.

Who may be compelled to appear? 2. its purpose is to promote public interest and no
1. May the heads of executive departments be other.
compelled to appear? Senate v. Ermita: Under
Sec. 21, they cannot refuse to appear; otherwise, Basis of the Privilege
they will be held liable for contempt unless there 1. Public interest in exchange of candid opinion in
is a valid ground of executive privilege. NO Presidential decision-making
problem under Sec. 22 because it is only voluntary 2. Separation of powers
2. May the President be compelled to appear? NO,
because of separation of powers Is it absolute? No! It has to be balance with other
3. May Justices of the Supreme Court be compelled conflicting values and doctrines.
to appear? No, because of separation of powers 1. state policy of full public disclosure of transactions
involving public interest;
Senate v. Ermita: Why was EO No. 464 declared 2. the right of the people to information on matters
unconstitutional? EO 464 requires prior consent of of public concern;
President before a public official in the executive 3. the accountability of public officers;
department may attend legislative inquiry in 4. the power of legislative inquiry; and
observance of separation of powers. The SC held this 5. the judicial power to secure evidence in deciding
is a blanket invocation of Executive Privilege.It cases.
emphasized that if the President intends to invoke
executive privilege, the former must do it specifically State secret privilege — invoked by Presidents on the
explaining the reason why the information to be given ground that the information is of such nature that its
by the official is vital or covered by executive privilege. disclosure would subvert crucial military or diplomatic
objective.
“Section 3. Appearance of Other Public Officials Before
Congress. – All public officials enumerated in Section 2 Informer’s privilege— privilege of the government not
(b) hereof [below cabinet rank] shall secure prior to disclose the identity of persons who furnish
consent of the President prior to appearing before information in violations of law to officers charged
either House of Congress to ensure the observance of with the enforcement of the law.
the principle of separation of powers, adherence to the
rule on executive privilege and respect for the rights of Generic privilege— for internal deliberations has been
public officials appearing in inquiries in aid of said to attach to intra-governmental documents
legislation.” reflecting advisory opinions, recommendations and
deliberations comprising part of a process by which
Executive Privilege – The right of the President and governmental decisions and policies are formulated.
other high-level executive branch officers to withhold
information from the public, the courts, and the Tests to determine whether it may be restricted:
Congress. It includes: 1. Does the matter pertain to the exercise of a
presidential prerogative? (IS IT UNDER THE
Scope of the Privilege (MLPD): CONSTITUTION?)
1. military and state secrets [diplomatic] 2. Is it received or given by a close advisor of the
2. law enforcement privileges [identify of persons President? [operational proximity test]
reporting on crimes, progress on investigations] 3. Is there a compelling need to justify restriction of
3. presidential communications [deliberations / the privilege and is the information unavailable
documents reflecting opinions and elsewhere?
recommendations]
4. deliberative process [internal deliberations] In Senate vs. Ermita, G.R. No. 169777, April 20, 2006,
executive privilege, whether asserted against
Characteristics: Congress, the courts, or the public, is recognized only
1. applies to certain types of information of a in relation to certain types of information of a
sensitive character disclosure of which would be sensitive character. While executive privilege is a
against the public interest to disclose. constitutional concept, a claim thereof may be valid or
not depending on the ground invoked to justify it and
the context in which it is made. Noticeably absent is 3. Whether the President said to go ahead and
any recognition that executive officials are exempt approve the project after being told about the
from the duty to disclose information by the mere fact alleged bribe?
of being executive officials. Indeed, the extraordinary
character of the exemptions indicates that the Held: They relate to presidential communications
presumption inclines heavily against executive secrecy which are “presumptively privileged.”
and in favor of disclosure. 1. They relate to the power of the President to enter
into executive agreement with other countries.
General rule: DISCLOSURE — (policy on transparency) 2. They are received by Neri, who as a Cabinet
Exceptions: Disclosure would subvert crucial member, can be considered a close advisor of the
diplomatic or military objective. President.
1. Supreme Court 3. The Senate has not shown adequately a
2. Executive Secretary compelling need for the answers to the 3
3. President—must invoke executive privilege questions in the enactment of a law and the
unavailability of the information elsewhere.
PROTOCOL DE CLOTURE — a final act; an instrument
which records the winding up of the proceedings of a 2009, No. VIII: Congressman Nonoy delivered a
diplomatic conference and usually includes a privilege speech charging the Intercontinental
reproduction of the text of treaties, conventions, Universal Bank (IUB) with the sale of unregistered
recommendations and other acts agreed upon and foreign securities, in violation of R.A. 8799. He then
signed by the plenipotentiaries attending the filed, and the House of Representatives unanimously
conference. It is not the treaty itself. It is rather a approved, a Resolution directing the House Committee
summary of the proceedings of a protracted on Good Government (HCGG) to conduct an inquiry on
conference which may have taken place over several the matter, in aid of legislation, in order to prevent the
years. It will not require the concurrence of the recurrence of any similar fraudulent activity.
Senate. The documents contained therein are deemed
adopted without need for ratification. (Tañada vs. The HCGG immediately scheduled a hearing and
Angara, 272 SCRA 18, 1997) invited the responsible officials of IUB, the Chairman
and Commissioners of the Securities and Exchange
Areas where claim is highly recognized: Cases where Commission (SEC), and the Governor of the Bangko
the subject of inquiry relates to a power textually Sentral ng Pilipinas (BSP). On the date set for the
committed by the Constitution to the President, such hearing, only the SEC Commissioners appeared,
as: prompting Congressman Nonoy to move for the
1. Commander-in-Chief issuance of the appropriate subpoena ad
2. Appointing power testificandum to compel the attendance of the invited
3. Pardoning power resource persons.
4. Diplomatic power
The IUB officials filed suit to prohibit HCGG from
Who can invoke executive privilege?Only the President proceeding with the inquiry and to quash the
or the Executive Secretary, by order of the President, subpoena, raising the following arguments:
can invoke executive privilege. a) The subject of the legislative investigation is also
the subject of criminal and civil actions pending
Who are covered?Aside from the President, it covers before the courts and the prosecutor's office; thus,
senior presidential advisors or Malacanang staff who the legislative inquiry would preempt judicial
has“operational proximity” to direct presidential action; (3%) and
decision-making. b) Compelling the IUB officials, who are also
respondents in the criminal and civil cases in court,
Neri v. Senate, 549 SCRA 77 (2008) – Questions Neri to testify at the inquiry would violate their
refused to answer: constitutional right against self-incrimination.
1. Whether the President followed up the (NBN)
project? Are the foregoing arguments tenable? Reasons.
2. Were you dictated to prioritize the ZTE?
May the Governor of the BSP validly invoke executive c) peace negotiation conducted by the President
privilege and, thus, refuse to attend the legislative with rebel groups (part of the president’s
inquiry? Why or why not? commanding in chief powers)
d) act of the President of vetoing a bill
The BSP governor cannot pass the operational
proximity test. He is not a cabinet member or adviser. After serving as Secretary of the National Economic
and Development Authority [NEDA], Romulo Neri was
2010, No. 19: The House Committee on Appropriations appointed as President of the Social Security
conducted an inquiry in aid of legislation into alleged Commission. Due to newspaper accounts that he was
irregular and anomalous disbursements of the getting millions yearly as compensation for being the
Countrywide Development Fund (CDF) and Chief Executive Officer of SSS, the House of
Congressional Initiative Allocation (CIA) of Representative summoned him to appear in an
Congressmen as exposed by X, a Division Chief of the investigation for the purpose of enacting a law that
Department of Budget and Management (DBM). would streamline the salaries of all government
Implicated in the questionable disbursements are high officials. Neri refused to appear invoking executive
officials of the Palace. The House Committee privilege. Which statement is correct?
summoned X and the DBM Secretary to appear and
testify. X refused to appear, while the Secretary a) He can refuse to appear because there is no
appeared but refused to testify invoking executive valid legislative investigation
privilege. b) He can refuse to appear because he is covered
by executive privilege
May X be compelled to appear and testify? If yes, what c) He cannot refuse because he enjoys no
sanction may be imposed on him? operational proximity with the President (NO
more Operational Proximity with the
YES, otherwise, he may be held in contempt. He President )
cannot invoke executive privilege. d) He cannot refuse to appear because the
power of Congress under Sec. 21, Art. VI is
Is the Budget Secretary shielded by executive privilege absolute
from responding to the inquiries of the House
Committee? Explain briefly. If the answer is no, is there Akbayan v. Aquino (2008) – Petitioners, who are
any sanction that may be imposed upon him? members of the House of Representatives non-
governmental organization, sought to obtain from the
Not covered by executive privilege; not among those government the full text of the Japan-Philippines
enumerated. Economic Partnership Agreement (JPEPA) including
the Philippine and Japanese offers submitted during
Executive privilege may be limited by: the negotiation process and all pertinent attachments
and annexes thereto. During the pendency of the
a) judicial power to secure evidence in deciding petition, the agreement was made public, signed by
cases the President and forwarded to the Senate for its
b) power of the military to protect the state from ratification. Considering that the treaty has been
its enemies concluded, can the diplomatic notes be made public?
c) right of the BIR to collect taxes
d) obligation of the COMELEC to hold credible a) No, because they are not matters of public
elections concern
b) No, because the notes accompanying treaty
A claim to executive privilege is highly recognized if the negotiations are presumptively privilege
subject of the inquiry pertains to: c) Yes, while they are presumptively privileged,
after the treaty has been ratified, the privilege
a) proposed annual appropriation submitted by of confidentiality ends
the President to Congress d) Yes, because as members of the House of
b) exercise of the President of tariff powers Representatives, petitioners should be
allowed to participate in treaty negotiations
d) be restrained for being sub judice.
When a “question hour” is conducted by either House
of Congress under Sec. 22 of Art. VI of the Constitution, No. 88. The President issued an executive order
a head of an executive department CANNOT: directing all department heads to secure his consent
before agreeing to appear during question hour before
a) refuse to appear and answer questions Congress on matters pertaining to their departments.
b) demand that he be given copies of the Is the executive order unconstitutional for suppressing
questions to be asked information of public concern?
c) be held in contempt for his unjustifiable
refusal to appear (Because Question hour is a) No, because those department heads are his
only an invitation and voluntary) alter egos and he is but exercising his right
d) request, through the President, that his against self-incrimination.
appearance will not be made public b) Yes, the President cannot control the initiative
of the department heads to conform with the
2011, No. 30. A department secretary may, with the oversight function of Congress.
President's consent, initiate his appearance before the c) Yes, the President cannot withhold consent to
Senate or the House of Representatives which: the initiative of his department heads as it will
violate the principle of check and balance.
a) must seek the concurrence of the other House d) No, the President has the power to withhold
before acting. consent to appearance by his department
b) must hold an executive session to hear the heads during question hour.
department secretary.
c) may altogether reject the initiative. (Congress Section 23. (1) The congress, by a vote of 2/3 of both
may not need your secretary) houses in joint session assembled, voting separately,
d) must accept such initiated appearance. shall have the sole power to declare the existence of
a state of war.
No. 47. In the exercise of its power of legislative (2) In times of war or other national emergency, the
inquiries and oversight functions, the House of Congress may, by law, authorized the President, for a
Representatives or the Senate may only ask questions: limited period and subject to such restrictions as it
may prescribed, to exercise powers necessary and
a) that the official called is willing to answer. proper to carry out a declared national policy, Unless
b) that are relevant to the proposed legislation. sooner withdrawn by resolution of the Congress, such
c) to which the witness gave his prior consent. powers shall cease upon the next adjournment
d) material to the subject of inquiry. thereof.
No. 90. The Senate Blue Ribbon Committee summoned Conditions for grant of emergency powers: (Bar 1997,
X, a former department secretary, to shed light on his No. 11)
alleged illicit acquisition of properties claimed by the 1. There is war or other national emergency
Presidential Commission on Good Government. X 2. Grant must be for a limited period
sought to restrain the Committee from proceeding 3. Subject to such restrictions as Congress may
with its investigation because of a pending criminal provide
case against him before the Sandiganbayan for ill- 4. Must be to carry out a declared national policy
gotten wealth involving the same properties. Decide.
The investigation may: Can the President declare a state of emergency
independent of Congress? Yes. The basis is Art. VII,
a) not be restrained on ground of separation of Sec. 18, which is her commander in chief powers. No
powers. prohibition exists in the Constitution, unlike when a
b) be restrained on ground of prejudicial state of war is declared. But her declaration does not
question. give her the right to exercise emergency powers,
c) not be restrained on ground of presumed because only Congress can do that under Sec. 23 of
validity of legislative action. Art. VI. (David v. Macapagal)
II. Absolute majority
Meaning of Emergency: 1. Breaking tie between Presidents-elect (Art.
1. economic VII, (4))
2. natural disaster 2. Revocation of ML declaration or suspension of
3. national security Writ (Art. VII, (18))
3. Election of Speaker/Senate Pres. (Art. VI, 16)
The President declares a state of emergency without 4. Granting tax exemption (Art. VI, (28))
congressional authorization. Which act can he validly 5. Submitting to people whether to call ConCon.
perform? III. 2/3rd Majority (16 senators, 174 Congressmen)
a) Authorize arrests and searches without need 1. Suspension/expulsion of a member (Art. VI,
of judicial warrants (16)
b) Issue presidential decrees with the force of 2. Over-riding a presidential veto (Art. VI, (27)
law 3. Declaring a state of war (Art. VI, 23 (1)
c) Temporarily take over the operations of 4. Calling a Constitutional Convention
privately owned utility under Sec. 17, Art. XII IV. 3/4 Majority (18 Senators, 195 Congressmen)
d) Call out the armed forces to suppress lawless 1. Proposing amendments to or revision of the
violence and rebellion Constitution
2011, No. 93. The President issued Proclamation 9517 Section 24. All appropriation, revenue or tariff bills,
declaring a state of emergency and calling the armed bills authorizing increase of the public debt, bills of
forces to immediately carry out necessary measures to local application, and private bills, shall originate
suppress terrorism and lawless violence. In the same exclusively in the House of Representatives, but the
proclamation, he directed the government's temporary Senate may propose or concur with amendments.
takeover of the operations of all privately owned
communication utilities, prescribing reasonable terms How a bill becomes a law?
for the takeover. Is the takeover valid? 1. Approved and signed by the President;
2. Presidential veto overridden by 2/3 votes of all the
a) Yes, it is an implied power flowing from the members of both Houses;
President's exercise of emergency power. 3. Failure of the President to veto the bill and to
b) No, it is a power reserved for Congress alone. return it with his objections to the House where it
c) Yes, subject to ratification by Congress. originated, within 30 days after the date of
d) No, it is a power exclusively reserved for the receipt;
People's direct action. 4. A bill calling a special election for President and
Vice-President under Section 10, Article VII
Types of Majorities under the Constitution becomes a law upon third and final reading.
1. Simple majority (majority of those present
provided there is a quorum) Must originate in the lower house:
2. Absolute majority (majority of all the members) 1. Appropriation – primary and specific purpose is to
3. 2/3 majority authorize release of funds (gen/Special)
4. 3/4 majority 2. Revenue or tariff – tax laws
3. Authorizing increase of public debt
What vote is required to enact a law granting tax 4. Bills of local application
exemptions? 5. Private bills
a) simple majority However, although these bills are required to

b) absolute majority originate exclusively in the House of Representatives,
c) 2/3 majority the Senate may propose or concur with amendments
d) 3/4 majority (Sec. 24, Art. VI). Amendments may include
amendments by substitution. (Tolentino vs. Secretary
I. Simple Majority – All acts of Congress, except of Finance)
when the Constitution calls for a greater majority
(Ordinary laws)
What is required to originate exclusively in the House
of Representatives is the bill, not the law itself. Tolentino case – Bill originated in House, but the
(Tolentino vs. Secretary of Finance) resulting law was based on senate version
Note: If the nays prevail, then it is about time that a 1996, No. V: Are the following bills filed in Congress
new bicameral committee be created until the bill will constitutional?
be accepted by both houses. (Bill is not killed.) If yeas (a) A bill originating from the Senate, which provides
prevail, the bill is signed by the Executive Secretary. for the creation of the Public Utility Commission to
regulate public service companies and appropriating
BICAMERAL CONFERENCE COMMITTEE — the the initial funds needed to establish the same. Explain.
mechanism for compromising differences between
the Senate and the House — capable of producing A bill providing for the creation of the Public Utility
unexpected result — bill will have to be sent back to Commission to regulate public service companies and
both houses and subject to votation. appropriating funds needed to establish it may
originate from the Senate. It is not an appropriation
A conference committee may deal generally with the bill, because the appropriation of public funds is not
subject matter or it may be limited to resolving the the principal purpose of the bill. In Association of
precise differences between the two houses. Even Small Landowners of the Philippines, Inc. vs. Secretary
where the conference committee is not by rule limited of Agrarian Reform 175 SCRA 343, it was held that a
in its jurisdiction, legislative custom severely limits the law is not an appropriate measure if the appropriation
freedom with which new subject matter can be of public funds is not its principal purpose and the
inserted in to the conference bill. But occasionally it appropriation is only incidental to some other
produces unexpected results, results beyond its objective.
mandate. These e4xcursions occurs even where the
rules impose strict limitations on conference Which bill must originate in the Lower House?
committee jurisdiction. This is symptomatic of an
authoritarian power of conference committee. a) A bill creating the Videogram Regulatory
(Philippine Judges Association vs. Prado, 227 SCRA Board to regulate the Videogram Industry and
703, November 11, 1993) appropriating the initial funds therefor
b) A bill enacting the Local Government Code
DOCTRINE OF SHIFTING MAJORITY — For each house c) A bill amending the Value Added Tax Law
to pass a bill, only the votes of the majority of those d) A bill abolishing the ROTC
present in the session, there being a quorum, is
required. Section 25. (1) The Congress may not increase the
appropriations recommended by the President for
Quorum — A majority of each House, but a smaller the operation of the Government as specified in the
number may adjourn from day to day and may compel budget. The form, content, and manner of
the attendance of absent members in such manner preparation of the budget shall be prescribed by law.
and under such penalties as such house may
determine. (2) No provision or enactment shall be embraced in
the general appropriations bill unless it relates
Avelino vs. Cuenco, 83 Phil 17, the basis in specifically to some particular appropriation therein.
determining the existence of a quorum in the Senate Any such provision or enactment shall be limited in
shall be the total number of Senators who are in the its operation to the appropriation to which it relates.
country and within the coercive jurisdiction of the
Senate. (3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for
Arroyo vs. De Venecia, G.R. No. 127255, June 26, approving appropriations for other departments and
1998, the SC declared that the question of quorum agencies.
cannot be raised repeatedly, especially when a
quorum is obviously present for the purpose of (4) A special appropriations bill shall specify the
delaying the business of the House. purpose for which it is intended, and shall be
supported by funds actually available as certified by d) No, because transfer of funds is absolutely
the National Treasurer, or to be raised by a prohibited by the Constitution since it
corresponding revenue proposal therein. constitutes technical malversation
(5) No law shall be passed authorizing any transfer (6) Discretionary funds appropriated for particular
of appropriations; however, the President, the officials shall be disbursed only for public purposes to
President of the Senate, the Speaker of the House of be supported by appropriate vouchers and subject to
Representatives, the Chief Justice of the Supreme such guidelines as may be prescribed by law.
Court, and the heads of the Constitutional
Commissions may, by law, be authorized to augment (7) If, by the end of any fiscal year, Congress shall
any item in the general appropriations law for their have failed to pass the general appropriations bill for
respective offices from savings in other items of their the ensuing fiscal year, the general appropriations
respective appropriations. law for the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect until
Requisites for Valid Transfer of Funds: the general appropriations bill is passed by the
1. Must be by authorized officers (President, Sen. Congress.
President, Speaker, C. Justice, Heads of
Commissions) No. 11, 1998: Suppose the President submits a budget
2. Purpose is to augment and item which does not contain a provision for the CDF,
3. Must come from savings in another popularly known as pork barrel, and because of this
4. Must be within his Department/Office Congress does not pass the budget. Will that mean
5. Must be authorized by law paralization of the operations in the next fiscal year for
lack of an appropriation law?
Demetrio v. Alba – The President, through a
Presidential Decree, authorized himself to transfer No, the failure of Congress to pass the budget will not
funds from one department, bureau or office to paralyze the operations of the Government.
another within the Executive Branch. The decree is
void because: Section 26. (1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in
a) Only a law can authorize the transfer of funds the title thereof.
b) It authorizes transfer of funds from one
Department to another 1. Bill must have one subject, one title
c) It contains no proviso that the funds to be 2. Subject must be embraced in the title
transferred must come from savings 3. Three (3) readings on separate days
d) The President is not among the officers who Except: when the President certifies to the
may be authorized to transfer funds necessity of the immediate enactment of the bill
to meet the public calamity and emergency;
PCA v. Enriquez (1988 Bar, No. 11) – The Chief of Staff, Political question—not subject to judicial review
AFP, is authorized, subject to approval of the
Secretary of National Defense, to use savings in the Purpose of title – to avoid fraud on legislature
appropriations provided herein to augment the
pension fund being managed by the AFP Retirement Literal interpretation — the subject or title need not
and Benefits System. Is the law valid? be an index or catalogue. It must be germane and
related to the subject matter. No requirement that it
a) Yes, because it was authorized by Congress by will reflect all contents. If it summarizes, okay, no
means of a law need to index or catalogue the contents.
b) Yes, because it is subject to the approval of
the Secretary of National Defense In Agripino A. De Guzman, Jr. vs. COMELEC, G.R. No.
c) No, because the Chief of Staff is not among 129118, Section 26 (1), Article VI is sufficiently
the officers who may be authorized to transfer complied with where the title is comprehensive
funds enough to embrace the general objective it seeks to
achieve, and if all the parts of the statute are related
and germane to the subject matter embodied in the
title or so long as the same are not inconsistent with ENROLLED BILL DOCTRINE – It is one duly introduced
or foreign to the general subject and title. and finally passed by both houses, authenticated by
the proper officer of each, and approved by the
Positive cases: President. It is conclusive upon the courts as regards
1. Tio v. Videogram: An act Creating the Videogram the tenor of the measure passed by Congress and
Regulatory Board – Tax of 30% (not foreign or approved by the President.
inconsistent)
2. PJA v. Prado – An act Creating the Philippine Once the bill becomes an enrolled bill, it is conclusive
Postal Corporation, defining its powers and upon the court of its due enactment. Courts may no
functions (properly connected) longer validly inquire into the bill because of the
3. Chiongbian v. Orbos – organic Act for the doctrine of separation of powers.
Autonomous Region in Muslim Mindanao
(germane to subject) In Casco (Phil) Chemical Co. vs. Gimenez, 7 SCRA 347,
4. Farinas v. Executive – Fair Elections Act , not if a mistake was made in the printing of the bill before
considered resigned (within its contemplation) it was certified by Congress and approved by the
5. BANAT v. COMELEC – Automated Election system President, the remedy is amendment or corrective
– salaries of watchers legislation, not a judicial decree.
Negative Cases: The enrolled bill rule rests on the following

1. Central v. Ramirez – An Act to Amend and Compile considerations:
Laws relating to Lands of the Public Domain and
for other purposes. [entirely unrelated] x x x As the President has no authority to approve a
2. Lidasan v. COMELEC – An Act Creating the bill no passed by Congress, an enrolled act in the
Municipality of Dianaton in the Province of Lanao custody of the Secretary of State, and having the
del Sur. official attestations of the Speaker of the House of
3. Garcia v. Mata – Budget Act of 1956, providing for Representatives, of the President of the Senate, and
retirement of reserved personnel of the President of the United States, carries, on its
face, a solemn assurance by the legislative and
Related Terms: executive departments of the government, charged,
1. Log-rolling legislation – a bill which includes respectively, with the duty of enacting and executing
several subjects the laws, that it was passed by the Congress. the
2. Pork barrel legislation – one that authorizes respect due to co-equal and independent
subsidies that boost business or promote departments requires the judicial department to act
employment in a district (declared upon the assurance, and to accept, as having passed
unconstitutional) Congress, all bills authenticated in the manner stated;
3. Indirect initiative – a petition filed by an leaving the court to determine, when the question
accredited people’s organization with the House’ properly arises, whether the Act, so authenticated, is
of Representatives for the adoption of a bill into in conformity with the Constitution. (Marshall Field &
law. Co. vs. Clark, 143 US 649)
(2) No bill passed by either House shall become a law Effect when bill is certified as urgent:
unless it has passed three readings on separate days 1. No need of 3 readings on 3 separate days
and printed copies thereof in its final form have been 2. No need of printing of copies in its final form
distributed to its members three days before its before 3rd reading
passage, except when the President certifies to the 3. No need of distribution of printed copies to 3 days
necessity of its immediate enactment to meet a before 3rd readings
public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and Can the Supreme Court review the factual basis of the
the vote thereon shall be taken immediately certification?
thereafter, and the yeas and nays entered in the
Journal.
Section 27. (1) Every bill passed by Congress shall, veto the bill and communicate his veto to the
before it becomes a law, be presented to the Congress without need of returning the vetoed bill
President. If he approves the same, he shall sign it; with his veto message.
otherwise, he shall veto it and return the same with
his objections to the House where it originated, Pocket veto occurs when:
which shall enter the objections at large in its journal 1. The President fails to act on the bill;
and proceed to reconsider it. If, after such 2. The reason he does not return the bill to the
reconsideration, 2/3 of all the Members of such Congress is that Congress is not in session.
house shall agree to pass the bill, it shall be sent,
together with the objections, to the other house by 2010, XXVI: Distinguish between “pocket veto” and
which it shall likewise be reconsidered, and it “item veto.”
approved by 2/3 of all the members of that House, it
shall become a law. In all such cases, the votes of Veto Power
each house shall be determined by yeas and nays and 1. Can the President veto a provision in an ordinary
the names of the Members voting for or against shall bill? No.
be entered in its journal. The President shall 2. Can the President veto an item? Yes. But only in
communicate his veto of any bill to the other House an appropriation, tariff or revenue bill
where it originated within thirty days after the date 3. Can the President veto a provision in an
of receipt thereof; otherwise, it shall become a law as appropriation bill?
if he had signed it.
(2) The President shall have the power to veto any
Two requirements for bill to become law: particular item or items in an appropriation, revenue
1. It must be approved by both houses; or tariff bill, but the veto shall not affect the item or
2. It must be approved by the President items to which he does not object.
Three ways for bill to become law: PRESIDENTIAL VETO

1. If signed by the President 1. General veto of the President — paragraph 1 of
2. If Congress overrides the President’s veto by 2/3 Section 27, Article VI
votes 2. Item/Line veto of the President — paragraph 2 of
3. If President fails to communicate his veto 30 days Section 27, Article VI
after receipt to the House where it originated
The act of the Executive in vetoing the particular
President’s Options: provisions is an exercise of a constitutionally vested
1. Sign and the bill becomes a law. power. But even as the Constitution grants the power,
2. Vetoes the bill, it does not become a law. it also provides limitations to its exercise. The veto
Note: 2/3 votes of all its Members (for Congress to power is not absolute.
override)
3. Inaction — the bill automatically becomes a law The OSG is correct when it states that the Executive
within 30 days upon receipt of the bill from must veto a bill in its entirety or not at all. He or she
Congress. cannot act like an editor crossing out specific lines,
provisions, or paragraphs in a bill that he or she
Bill becomes law without President’s signature: dislikes. In the exercise of the veto power, it is
1. When Congress overrides the President’s veto generally veto, however, when it comes to
2. When the President fails to veto it within 30 days appropriation, revenue or tariff bills, the
from receipt Administration needs the money to run the machinery
of the government and it cannot veto the entire bill
Pocket veto – “When the President fails to return the even if it may contain objectionable features. The
bill after congressional adjournment, then it is as if he President is, therefore, compelled to approve into law
vetoed it.” There is no such thing as “pocket veto” the entire bill, including its undesirable parts. It is for
here in the Philippines because inaction by the this reason that the Constitution has wisely provided
President for 30 days never produces a veto even if the “item veto power” to avoid inexpedient riders
Congress is in recess. The President must still act to
being attached to an indispensable appropriation or Appropriation Reserves — Section 37 of the
revenue measures. Administrative Code authorizes the Budget Secretary
to establish reserves against appropriations to provide
The Constitution provides that only a particular item for contingencies and emergencies which may arise
or items may be vetoed. The power to disapprove any during the year. This is merely expenditure deferral,
item or items in an appropriation bill does not grant not suspension, since the agencies concerned can still
the authority to veto a part of an item and to approve draw on the reserves if the fiscal outlook improves.
the remaining portion of the same item. (Bengzon vs.
Drilon, 208 SCRA 133, April 15, 1992) 3. Legislative Veto — a congressional veto is a
means whereby the legislature can block or modify
General rule: Selective/partial veto is not allowed. The administrative action taken under a statute. It is a
President may not veto a provision of the bill without form of legislative control in the implementation of
vetoing the whole/entire bill itself. particular executive action. The form may either be:
a) Negative—subjecting the executive action to
Exception: Paragraph 2 of Section 27, Article VI — disapproval by Congress; or
Item/Line veto — Only Appropriation, Revenue and b) Affirmative—requiring approval of the
Tariff Bills (ART) — selective veto is allowed here executive action by Congress.
provided the vetoed bill shall not affect the items
which was not vetoed. A congressional veto is subject to serious questions
involving the separation of powers.
Item — Refers to the particulars, the details, the
distinct and severable parts of the bill. It is an Note: Local Chief Executives have veto power except
indivisible sum of money dedicated to a stated the Punong Barangay.
purpose.
POWER OF APPROPRIATION — The spending power,
Exceptions to the Exception: called the “power of purse” belongs to the Congress,
1. DOCTRINE OF INAPPROPRIATE PROVISION — subject only to the veto power of the President. it
Section 25 (2), Article VI carries with it a power to specify the project or activity
to be funded under the appropriation law.
A provision that is constitutionally inappropriate for
an appropriation bill may be singled out for veto even Appropriations Law — A statute, the primary and
if it is not an appropriation or revenue item. specific purpose of which is to authorize release of
public funds from the treasury. The existence of
It was invoked in the case of Gonzalez vs. Macaraig appropriations and the availability of funds are
wherein President Aquino vetoed a provision of the indispensable pre-requisites to or conditions sine qua
general appropriation bill. The Supreme Court ruled in non for the execution of government contracts.
favor of the veto power of the President. Section 25 (COMELEC vs. Judge Quijano Padilla and Photokina
(2), Article VI—No provision or enactment shall be Marketing Corp., G.R. No.151992)
embraced in the general appropriation bill unless it
relates specifically to some particular appropriation Classification:
therein. Items which the President does not object, 1. General Appropriation Law — passed
otherwise it becomes an inappropriate provision, it annually, intended to provide for the financial
may be treated as an item, subject to the item veto of operations of the entire government during
the President. one fiscal period.
2. Special Appropriation Law — designed for a
2. Executive Impoundment — refusal of the specific purpose.
President to spend funds already allocated by
Congress for specific purpose. It is the failure to spend Implied (Extra-Constitutional) Limitations on
or obligate budget authority of any type. This power is Appropriation Power:
derived from Section 38 of the Administrative Code of 1. Must specify public purpose; and
1987 on suspension. 2. Sum authorized for release must be determinate,
or at least determinable.
was a feeling among her advisers that the amount
Constitutional Limitations on Special Appropriation initially needed by the Council should be increased to
Measures: P50,000,000.00. One of them immediately drafted a
1. Must specify public purpose for which the sum veto message for the President which stated that she
was intended; and had approved the law but she was vetoing the above
2. Must be supported by funds actually available as provision with a recommendation that the amount be
certified by the National Treasurer or to be raised increased because it is insufficient. Before signing the
by corresponding revenue proposal included message, the President consulted you whether her
therein. contemplated move would be constitutional. Is the
veto valid?
Constitutional Rules on General Appropriation Laws:
1. Congress may not increase appropriations a) No, because the President must veto the
recommended by the President for operation of entire bill if he disapproves of it
the Government—to prevent big budget deficits; b) Yes, because the President is vetoing an
2. Form, content and manner of preparation of appropriation bill
budget shall be provided by law; c) Yes, because there was a valid item veto
3. No provision or enactment shall be embraced d) Yes, because the exercise of the veto power is
unless it relates specifically to some particular a political question not subject to review
appropriations therein;
4. Procedure for approving appropriations for Item Veto:
Congress shall be the same as that of other 1. As to appropriation law: Bengzon v. Drilon:
departments—to prevent sub rosa appropriations General Fund Adjustment: P50M
by Congress; Use of Funds: Unbooked obligation, back salaries of
5. Prohibition against transfer of appropriations personnel, personnel benefits
(Doctrine of Augmentation), however:
a) President; “Item means a sum of money dedicated to a particular
b) Senate President; purpose.”
c) Speaker of the House;
d) Chief Justice; and F: The President vetoed personnel benefits
e) Heads of Constitutional Commissions— Ruling: Not a valid veto, it is not an item. The 50M
may, by law, be authorized to augment any item should have been the subject of veto.
in the general appropriations law for their
respective offices from savings in other items of 2. As to Revenue Law: CIR v. CTA
their respective appropriations. Hotels, Motels, Rest-houses, Cockpits and Cabarets:
6. Prohibition against appropriations for sectarian 20%
benefit; and
7. Automatic re-appropriation. An item does not refer to an entire section imposing a
particular kind of tax, but rather to the subject of the
Sec. 20 of House Bill No. 9160, titled A Bill Defining tax and the tax rate.
the Crime of Money Laundering, Providing Penalties
therefore and for Other Purposes states: Can the President veto a provision in an appropriation
bill?
Sec. 20. Appropriations Clause.- The Anti-Money 1. No. If the provision is appropriate
Laundering Council (AMC) shall be provided with an 2. Yes. If the provision is inappropriate
initial appropriation of Twenty-five million Philippine a) It amends/repeals a law
pesos (Php25,000,000.00) to be drawn from the b) It does not relate to a particular item
national government. Appropriations for the c) It extends its operation beyond an item
succeeding years shall be included in the General
Appropriations Act. Review: Sec. 25. (2) No provision or enactment shall
be embraced in the general appropriations bill unless
When the bill was approved by both Houses and it relates specifically to some particular appropriations
forwarded to the President for her signature, there therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which
it relates. a) the entire provision may be validly vetoed
b) Only the part stating “the appropriations
PCA v. Enriquez: CAFGU Compensation and authorized herein shall be used for payment
Separation Benefit – The appropriation authorized of the principal and interest of foreign and
herein shall be used for the compensation of the domestic indebtedness” may be vetoed
CAFGUs including the payment of their separation c) Only the part stating “Provided that any
benefit not exceeding one year subsistence allowance payment in excess of the amount herein
for the 11,000 who will be deactivated by 1994. appropriated shall be subject to the approval
of the President” may be vetoed
Atitiw v. Zamora, 471 SCRA 329– “The amounts d) Only the part stating “Provided further that in
herein appropriated shall be used to wind up the no case shall this fund be used to pay for the
activities and operations of the Cordillera liabilities of the Central Bank Board of
Administrative Region, including the payment of Liquidators” may be vetoed
separation pay and retirement benefits of all affected
officials and employees.” Congress inserted in the Bolinao v. Valencia – GAA 1962: P300,000 – For
budget law deactivation of CAFGU. contribution to the operation of the Philippine
Ruling: Inappropriate provision because it repealed Broadcasting Service, including promotion,
the law creating CAFGU in a budget law. programming and administration, Provided that no
portion of this appropriation shall be used for the
Province v. Romulo (2004) operation of the television stations in Luzon or any
Budget Act of 2000: part of the Philippines where there are television
a) Province : 26% stations.
b) Cities : 23%
c) Municipalities : 35% Garcia v. Mata: Budget act of 1956 - After the
d) Barangay : 16% approval of this Act, and when there is no emergency,
Sec. 285, Local Government Code: no reserve officers of the AFP nay be called to an
a) Provinces – Twenty-three (23%) active duty for more than 2 years during any period of
b) Cities – Twenty-three percent (23%); 5 consecutive years.
c) Municipalities – Thirty-four (34%); and
d) Barangays – Twenty percent (20%). 2011, 46. Congress passed a bill appropriating P50
Ruling: Budget Act of 2000 is inappropriate as it million in assistance to locally based television stations
amends the IRA sharing provided by the LGC. Hence, subject to the condition that the amount would be
the provision in the appropriation law may be vetoed. available only in places where commercial national
It is a rider. television stations do not .. Was the veto valid?
Gonzalez v. Macaraeg– Sec. 55. All officers are a) Yes, since the vetoed condition may be
prohibited from augmenting portions in this this separated from the item.
Budget Act that have been reduced by Congress when b) Yes, the President's veto power is absolute.
it deliberated on the budget bill as proposed by the c) No, since the veto amounted to a suppression
President. of the freedom to communicate through
television.
PCA v. Enriquez – 86B for Debt Service; Use of Fund: d) No, since the approval of the item carried with
The appropriations authorized herein shall be used for it the approval of the condition attached to it.
payment of the principal and interest of foreign and
domestic indebtedness; Provided that any payment in Congressional Oversight Functions (Makalintal vs.
excess of the amount herein appropriated shall be COMELEC, G.R. No. 157013, July 10, 2003) – It
subject to the approval of the President; Provided embraces all activities undertaken by Congress to
further that in no case shall this fund be used to pay enhance its understanding of and influence over the
for the liabilities of the Central Bank Board of implementation of legislation it has enacted. Clearly,
Liquidators. The President vetoed the section. Is the oversight concerns post-enactment measures
veto valid? undertaken by Congress:
1. To monitor bureaucratic compliance with program Congress to scrutinize the exercise of delegated
objectives; law-making authority, and permits Congress to
2. To determine whether agencies are properly retain part of that delegated authority.
administered;
3. To eliminate executive waste and dishonesty; 2. Legislative veto – is a means whereby the
4. To prevent executive usurpation of authority; and legislature can block or modify administrative
5. To assess executive conformity with the action taken under a statute. The form may be
congressional perception of public interest. either negative, requiring disapproval of executive
action, or affirmative, requiring approval of
The power of oversight has been held to be intrinsic in executive action. (PCA v. Enriquez)
the grant of legislative power itself and integral to the
checks and balances inherent in a democratic system Legislative veto is a statutory provision requiring
of government. the President or an administrative agency to
present the proposed implementing rules and
The oversight power has also been used to ensure the regulations of a law to Congress which, by itself or
accountability of regulatory commissions like the SEC. through a committee formed by it, retains a
Unlike other ordinary administrative agencies, these "right" or "power" to approve or disapprove such
bodies are independent from the executive branch regulations before they take effect. (Abakada v.
and are outside the executive department in the Purisima)
discharge of their functions.
Abakada Case: Joint Legislative Oversight committee;
Terms: Abakada v. Purisima Approve the IRR; SC held that such amounts to
usurpation of judicial power. Legislative power must
1. What is the power of congressional oversight? The be exercised by the bicameral Congress.
power of oversight embraces all activities
undertaken by Congress to enhance its No. 6, 2010: The “Poverty Alleviation and Assistance
understanding of and influence over the Act” was passed to enhance the capacity of the most
implementation of legislation it has enacted. marginalized families nationwide. A financial
assistance scheme called “conditional cash transfers”
They include: was initially funded 500 million pesos by Congress.
a) Scrutiny –request for information and reports; One of the provisions of the law gave the Joint-
implies a lesser intensity and continuity of Congressional Oversight Committee authority to
attention to administrative operations. Its primary screen the list of beneficiary families initially
purpose is to determine economy and efficiency determined by the Secretary of Department of Social
of the operation of government activities. In the Welfare and Development pursuant to the
exercise of legislative scrutiny, Congress may Department implementing rules. Mang Pandoy, a
request information and report from the other resident of Smokey Mountain in Tondo, questioned the
branches of government. It can give authority of the Committee. Is the grant of authority to
recommendations or pass resolutions for the Oversight Committee to screen beneficiaries
consideration of the agency involved. constitutional?
b) Congressional investigation – involves a more
intense digging of facts. It is recognized under a) Yes, because that is part and parcel of the
Section 21, Article VI. Even in the absence of oversight powers of Congress
constitutional mandate, it has been held to be an b) Yes, because the Philippine system adopts
essential and appropriate auxiliary to the “merging of powers” rather than separation of
legislative functions. powers
c) Legislative supervision – continuing review of c) No, because it amount to a usurpation of
delegated law-making authority to influence judicial functions
executive performance; it connotes a continuing d) No, because it encroaches on the executive
and informed awareness on the part of power of the President
congressional committee regarding executive
operations in a given administrative area. It allows
3. Impoundment of funds – A refusal by the wharfage dues and other duties or imposts within the
President, for whatever reason, to spend funds framework of the national development program of
made available by Congress. the government.
Is it constitutional? “Whenever in his judgment the Southern Cross: Can this be delegated by Congress to
public interest so requires, the President may stop or the DTI Secretary or Finance Secretary?
suspend the expenditure of funds.”
Executive v. Southwing Heavy Industries: Can the
Tanada v. Tuvera: All laws must be published before President prohibit the importation of used motor
they can become effective. vehicles into the country?
1992, No. 12: When does a law take effect? (3) Charitable institutions, churches and personage
and convents appurtenant thereto, mosques, non-
A law must be published as a condition for its profit cemeteries, and all lands, buildings, and
effectivity and in accordance with Article 2 of the Civil improvements, actually, directly and exclusively used
Code, it shall take effect fifteen days following the for religious, charitable or educational purposes shall
completion of its publication in the Official Gazette or be exempt from taxation.
in a newspaper of general circulation unless it is
otherwise provided. Note:
Chavez v. PCGG/ VFA Case
Congress passed a law stating in its effectivity clause Abra Valley and Lung Center Cases:
that “this law shall take effect immediately?” When
well the law take effect? Abra Valley is a private stock and profit educational
institution. Within the school campus, it erected a
a) on the day it is approved by the President building, half of which is used as classrooms while the
b) on the day following its publication other half is rented to commercial private users.
c) 15 days after its publication Should Abra Valley pay real property tax on the
d) 1 year after its publication building?
Esguerra Case: Assume that the Constitution was a) Yes, because the exemption applies only to
amended on a plebiscite conducted on April 10, 2010. non-profit institutions and Abra Valley is not
The COMELEC completed the canvass and announced b) Yes, because the building is no longer
the results on April 15. The following day, April 16, exclusively used for educational purpose
the President issued a proclamation that the c) No, the constitutional exemption still applies,
amendment has been formally ratified by the people. Abra Valley being an educational institution
When will the amendment take effect? d) No, but the exemption should only extend up
to the portion actually used as classrooms, not
a) April 10, the day of the plebiscite the portion rented out
b) April 15, the day the COMELEC announced
c) April 16, the day of the Presidential Section 29. (1) No money shall be paid out of the
proclamation treasury except in pursuance of an appropriation
d) 15 days after publication in the OG or a made by law.
newspaper of general circulation
Brilliantes Case: Unofficial Quick Count
Section 28. (1) The rule of taxation shall be uniform Held: Not allowable since there is no appropriation
and equitable. The Congress shall evolve a made by law.
progressive system of taxation.
1992, No. 13: Explain how the automatic
(2) The Congress may, by law, authorize the President appropriation of public funds for debt servicing can be
to fix within specified limits, and subject to such reconciled with Art. VI, Sec. 29 (1).
limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and
Answered by Carague: No amount is specifically
mentioned; continuing appropriation for payment of (3) All money collected on any tax levied for a special
borrowings abroad. The National Treasurer is purpose shall be treated as a special fund and paid
authorized to release funds as soon as the debts out for such purpose only. If the purpose for which a
become due. special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred
Francisco, Jr. v. TRB, Oct. 19, 2010 – The Toll to the general funds of the government.
Regulatory Board has the power to grant to qualified
persons, authority to construct road projects and Section 30. No law shall be passed increasing the
operate thereon toll facilities. In an agreement, it also appellate jurisdiction of the Supreme Court as
guaranteed the security of the project against revenue provided in this Constitution without its advice and
losses that could result, in case the TRB, based on its concurrence.
determination of a just and reasonable toll fee,
decides not to effect a toll fee adjustment under the Note:
Supplemental Toll agreement’s periodic/interim First v. CA
adjustment formula. Is the agreement valid? Fabian v. Desierto: The law says all appeals of OMB
Held: Not valid, unconstitutional! You cannot release decisions shall be appealed before the SC.
funds without appropriation made by Congress. Held: Unconstitutional as it increases the appellate
jurisdiction of the SC without its consent.
(2) No public money or property shall be
appropriated, applied, paid or employed directly or Art. IX, B, Sec. 8. No elective or appointive public
indirectly, for the use, benefit, or support of any sect, officer or employee shall receive additional, double or
church, denomination, sectarian institution, or direct compensation, unless specifically authorized by
system of religion, or any priest, preacher, minister, law, nor accept without the consent of the Congress,
or other religious teacher or dignitary as such, except any present, emolument, office or title or any kind
when such priest, preacher, minister or dignitary is from any foreign government.
assigned to the armed forces, or to any penal
institution or government orphanage or leprosarium. Sec. 31: No law granting a title of royalty or nobility
shall be enacted.
1997, No. 4: Upon request of a group of overseas
contract workers in Brunie, Rev. Fr. Juan de la Cruz, a 1997, No. 18: A, while an incumbent Governor of his
Roman Catholic priest, was sent to that country by the province was invited by the Government of Cambodia
President of the Philippines to minister to their as its official guest. While there, the sovereign king
spiritual needs. The travel expenses, per diems, awarded Governor A with a decoration of honor and
clothing allowance and monthly stipend of P5,000 gifted him with a gold ring of insignificant monetary
were ordered charged against the President’s value, both of which he accepted. Was Governor A’s
discretionary fund. Upon post audit of the vouchers acceptance of the decoration and gift violative of the
therefor, the Com. On Audit refused approval thereof Constitution?
claiming that the expenditures were in violation of the
Constitution. Was the Commission on Audit correct? Yes, it violated Section 8, Article IX-B of the
Constitution. For his acceptance of the decoration of
a) No, because Fr. De la Cruz is was working for honor and the gold ring from the Government of
the benefit of the public, analogous to a Cambodia to be valid, Governor A should first obtain
chaplain in the army or penal institution the consent of Congress.
b) No, because he was officially sent by the
President of the Philippines Section 32. The Congress shall as early as possible,
c) Yes, because there must be an appropriation provide for a system of initiative and referendum,
law authorizing the expenditure of public and the exceptions therefrom, whereby the people
funds can directly propose and enact laws or approve or
d) Yes, because Fr. De la Cruz is not assigned to reject any act or law or part thereof passed by the
the armed forces, or to any penal institution Congress or local legislative body after the
or government orphanage or leprosarium. registration or a petition thereof signed by at least 10
per centum of the registered voters thereof, of which b) scrape the veto power of the President
every legislative district must be represented by at c) Revoke the emergency powers as soon as it is
least three per centum of the registered voters. conferred by the Congress on President
d) Repeal the Revised Penal Code
Initiative is the power of the people to propose bills
and laws, and to enact or reject them at the polls, 2011, No. 49. The people may approve or reject a
independent of the legislative assembly. It is the right proposal to allow foreign investors to own lands in the
of a group of citizens to introduce a matter for Philippines through an electoral process called:
legislation either to the legislature or directly to the
voters. a) referendum.
b) plebiscite.
Referendum is the right reserved to the people to c) initiative.
adopt or reject any act or measure which has been d) certification.
passed by a legislative body and which in most cases
would without action on the part of the electors SUMMARY OF POWERS OF CONGRESS
become a law.
1. LEGISLATIVE—
Requirements: RA No. 6736 a) General plenary power;
1. Petition initiated by b) Specific power of appropriation;
a) 10% of the registered voters c) Taxation and expropriation;
b) 3% of every legislative district is represented d) Legislative investigations (Section 21, Art. VI);
2. Verification of the signatures by COMELEC and
3. Publication of the petition e) Question hour (Section 22, Art. VI).
4. Holding of the referendum/voting
5. If approved by majority of the voters, publish in 2. NON-LEGISLATIVE — includes power to:
OG or newspaper a) Canvass presidential election (Section 4, Art.
VII);
Prohibitions: b) Declare the existence of state of war (Section
1. No petition embracing more than one (1) subject 23, par.1, Art. VI);
shall be submitted to the electorate; c) Exercise delegation of emergency powers;
2. Statutes involving emergency measures, the d) Call special election for President and VP
enactment of which are specifically vested in (Section 10, Art. VII);
Congress by the Constitution, cannot be subject to e) Give concurrence to treaties and amnesties
referendum until ninety (90) days after its (Sections 19 and 21, Art. VII);
effectivity. f) Propose constitutional amendments
(constituent power) (Sections 1-2, Art. XVII);
Indirect Initiative — Any duly accredited people's g) Confirm certain appointments (Section 9 and
organization, as defined by law, may file a petition for 16, Art. VII);
indirect initiative with the House of Representatives, h) Impeach (Section 2, Art. XI);
and other legislative bodies. i) Decide the disability of President because
majority of the Cabinet disputes his assertion
Other considerations: that he is able to discharge his duties (Section
1. Is it subject to veto? No, the President cannot veto 11, Art. VII);
a law passed through initiative. j) Revoke or extend proclamation of suspension
2. Is it subject to repeal? No. of privilege of writ of habeas corpus or
3. Is it subject to court challenge? Yes. declaration of martial law (Section 18, Art.
VII);
Through initiative and referendum under Sec. 32 of k) Set the rules regarding the utilization of
Art. VI of the 1987 Constitution, the people can natural resources (Section 2, Art. XII).
directly:
Limitations on the Powers of Congress:
a) abolish the House of Representatives 1. SUBSTANTIVE —
a) Express: practical operation and enforcing their due
1) Bill of Rights (Article III); observance.
2) On Appropriations (Sections 25 and 29
paragraphs 1 and 2, Article VI); The President may not veto a law enacted thirty-five
3) On taxation (Sections 28 and 29, (35) years before his or her term of office. Neither
paragraph 3, Article VI); may the President set aside or reverse a final and
4) On Constitutional appellate jurisdiction of executor judgment of the Supreme Court through the
SC (Section 30, Article VI); exercise of veto power. (Bengzon vs. Drilon, 208 SCRA
5) No law granting title of royalty or nobility 133, April 15, 1992)
shall be passed (Section 31,
6) Article VI); Which power is deemed part of the executive power of
7) No specific funds shall be appropriated or the President which may be exercised without any
paid for use or benefit of any religion, specific law conferring upon him such authority?
sect, etc., except for priests, etc., assigned
to AFP, penal institutions, etc. (Sections a) the power to bar the return of a citizen- PART
29, paragraph 2, Article VI). OF THE PRESIDENT’S IMPLIED AND INHERENT
b) Implied: POWER – Marcos Vs. Manglapus: When you
1) Prohibition against irrepealable laws; speak powers of the president, it is not
2) Non-delegation of powers. exclusive only to those enumerated and listed
in the constitution and by law but also include
2. PROCEDURAL — those not listed and provided therein – the
a) Only one subject, to be stated in the title of implied, residual, inherent powers
the bill (Sec. 26, par. 1, Article VI); b) the power to institute a national ID system
b) Three (3) readings on separate days; printed with the use biometrics technology
copies of the bill in its final form distributed to c) the power to sell real properties located in
members 3 days before its passage, except if another country but owned by the Philippine
President certifies to its immediate enactment government
to meet a public calamity or emergency; upon d) the power to order CHED to supervise and
its last reading, no amendment allowed and regulate the activities of all review centers
the vote thereon taken immediately and the
yeas and nays entered into the Journal Marcos v. Manglapus –includes inherent, residual,
(Section 26, paragraph 2, Article VI; implied or aggregateor such powers which are not
c) Appropriation, revenue and tariff bills shall enumerated in the Constitution or conferred by
originate exclusively in the House of statutes.
Representatives.
David v. Macapagal – State of Emergency – Can the
ARTICLE VII. EXECUTIVE DEPARTMENT President declare State of Emergency without
congressional authorization or without a law pass by
Section 1. The executive power shall be vested in the congress? Yes, the Constitution does not prohibit the
President of the Philippines. exercise of the same. Meaning, not all powers of the
president are enumerated in the constitution.
EXECUTIVE POWER — It is the legal and political
functions of the President involving the exercise of Province of Cotabato v. GRP, 2008 [negotiate with
discretion. It is vested in the President of the rebels] – has reference with the power of the
Philippines. It is the power to execute, enforce and president to negotiate with rebels – This is an implied
administer laws. power of the President as commander in chief, that is,
promoting peace in the country through negotiation
In National Electrification Administration vs. CA, G.R. with rebels
No. 143481, February 15, 2002, the President is
vested with the power to execute, administer, and Gudane v. Senga – The president can bar a General
carry out laws into practical operation. Executive from attending legislative investigations.
power, then, is the power of carrying out the laws into
General Rule: The President has Implied, Residual, and of GMA (David). Writ of Habeas Data was filed
Inherent Powers impleading GMA under the Principle of Commander in
Chief (Rubirico) – Both cannot be had as the President
Exceptions: Laurel and Ople Cases is immune from suit. The only way to question the
president under this circumstances, you must file a
Laurel – there is no law authorizing the President to case against the Executive Secretary, but do not
sell lands/properties of the National Government implead the president.
located abroad. Hence, not allowed
Ople – the President cannot make ID System through Bar Question: 1997, No. 13: Upon complaint of the
Administrative Order without a law authorizing the incumbent President of the Republic, A was charged
same with libel before the RTC. A moved to dismiss the
information on the ground that the Court had no
Also: Review Center v. Executive (2009) – degree jurisdiction over the offense charged because the
granting and post-secondary institutions [RA No. President, being immune from suit, should also be
7222] – existing law authorizes CHED to regulate disqualified from filing a case against A in court.
degree granting and post-secondary institution. Now Resolve. Should the court dismiss the case?
here comes the CPA Board Examinations leakage
scandal. The President authorized through EO to While the President is immune from suit, the right to
regulate Review Centers Activities. Held: NO! There is waive the suit belongs to the President. The immunity
no law granting the CHED to regulate Review Centers. of the President from suit is personal to the President.
The power granted toCHED is limited only to regulate By filing a case of libel, the President waived her
degree granting. It does not include the power to immunity. By filing, you are submitting yourself to the
regulate operation of Review Centers. jurisdiction of the court.
Immunity from Suit 2011, No. 43: 43. During his incumbency, President
Carlos shot to death one of his advisers during a
What is the scope/basis? It is based on jurisprudence heated argument over a game of golf that they were
on the basis of Convenience, so that the President playing. The deceased adviser’s family filed a case of
shall not be interrupted from discharging her homicide against President Carlos before the city
functions by suit, and that she will not end up prosecutor’s office. He moved to dismiss the case,
defending herself. If she is immune from suit in invoking presidential immunity from suit. Should the
foreign countries, with more reason that she is given case be dismissed?
such immunity in the country.
a) Yes, his immunity covers his interactions with
Is the Vice President immune? Not Immune; not his official family, including the deceased
provided by the constitution adviser.
b) No, his immunity covers only work-related
Does it extend to criminal acts? Estrada case: Yes, it crimes.
does extend to all types of cases. c) Yes, his immunity holds for the whole duration
of his tenure.
Does it apply after his term? Estrada case: No more; d) No, his immunity does not cover crimes
applies only during his term) involving moral turpitude.
Is it waivable? Yes, it can be waived but only by the No. 89. When the President contracted a personal loan
person exercising the right. during his incumbency, he may be sued for sum of
money:
What are the exceptions (when he can be sued)?
1. Impeachment a) during his term of office.
2. Presidential Election Protest b) during his tenure of office.
c) after his term of office. (could also be an
David v. GMA; Rubico v. Macapagal-Arroyo – David answer)
questioned the declaration of the State of Emergency
d) after his tenure of office. Note: (term is the 1. Natural-born citizen of the Philippines (No
period provided by law to hold office while prohibition on Dual Citizens – if dual by birth,
tenure is the actual period to hold office) mere act of filing results to entire renunciation of
foreign citizenship. If dual under RA 9235, you
Powers of the President: must make a personal sworn renunciation of your
1. Executive power (Section 1, Article VII) alien citizenship)
2. Appointing power (Section 16, Article VII) 2. Registered voter
3. Control power (Section 17, Article VII) – Section 4, 3. Able to read and write
Article X—Power of general supervision over local 4. 40 years of age on the day of election
governments 5. Resident of the Philippines for at least 10 years
4. Calling-out power, power to place the Philippines immediately preceding the election (Residence
under martial law and power to suspend the means domicile only)
privilege of the writ of habeas corpus (Section 18,
Article VII) Section 4. The President and the Vice-President shall
5. Pardoning power, reprieves, commutations, be elected by direct vote of the people for a term of
amnesty, remit fines and forfeitures (Section 19, six years which shall begin at noon on the thirtieth
Article VII) day of June next following the day of the election and
6. Borrowing power (Section 20, Article VII) shall end at noon of the same date six years
7. Diplomatic/Treaty-making power (Section 21, thereafter. The President shall not be eligible for any
Article VII) reelection. No person who has succeeded as
8. Budgetary power (Section 22, Article VII) President and has served as such for more than four
9. Informing power—State of the Nation Address years shall be qualified for election to the same office
(Section 23, Article VII) at any time.
10. Veto power (Article VI)
11. Power of general supervision over local No Vice-President shall serve for more than two
governments (Section 4, Article X) successive terms. Voluntary renunciation of the office
12. Power to call special session (Section 15, Article for any length of time shall not be considered as an
VI) interruption in the continuity of the service for the
13. Unstated Residual Power—not found in the full term for which he was elected.
Constitution
14. Power to Reorganize the Office of the President Unless otherwise provided by law, the regular
(Administrative Code) election for President and Vice-President shall be
15. Power of Impoundment held on the second Monday of May.
Section 2. No person may be elected President unless The returns of every election for President and Vice-
he is a natural-born citizen of the Philippines, a President, duly certified by the board of canvassers of
registered voter, able to read and write, at least forty each province or city, shall be transmitted to the
years of age on the day of the election, and a Congress, directed to the President of the Senate.
resident of the Philippines for at least ten years Upon receipt of the certificates of canvass, the
immediately preceding such election. President of the Senate shall, not later than thirty
days after the day of the election, open all the
Section 3. There shall be a Vice-President who shall certificates in the presence of the Senate and the
have the same qualifications and term of office and House of Representatives in joint public session, and
be elected with and in the same manner as the the Congress, upon determination of the authenticity
President. He may be removed from office in the and due execution thereof in the manner provided by
same manner as the President. law, canvass the votes.
The Vice-President may be appointed as a Member of The person having the highest number of votes shall
the Cabinet. Such appointment requires no be proclaimed elected, but in case two or more shall
confirmation. have an equal and highest number of votes, one of
them shall forthwith be chosen by the vote of a
Qualifications of President/VP:
majority of all the Members of both Houses of the session of both Houses of Congress convened by
Congress, voting separately. express directive of Section 4, Article VII of the
Constitution to canvass the votes for and proclaim the
The Congress shall promulgate its rules for the newly-elected President and Vice-President has not,
canvassing of the certificates. and cannot, adjourn sine die until it has accomplished
its constitutionally mandated tasks. For only when a
The Supreme Court, sitting en banc, shall be the sole board of canvassers has completed its functions it is
judge of all contests relating to the election, returns, rendered functus officio. (Pimentel, Jr. vs. Joint
and qualifications of the President or Vice-President, Committee of Congress to Canvass the votes cast for
and may promulgate its rules for the purpose. President and VP, G.R. No. 163783, June 22, 2004)
1st par. – Elected directly, six years, only one term. VP There is no constitutional or statutory basis for
who serves for more than 4 years as President also COMELEC to undertake a separate and an “unofficial”
disqualified. tabulation of results, whether manually or
electronically. By conducting such “unofficial”
Disqualifications: tabulation, the COMELEC descends to the level of a
1. President private organization, spending public funds for the
a. Not eligible for any re-election; purpose. This not only violates the exclusive
b. No person who has succeeded as prerogative of NAMFREL to conduct an “unofficial”
President and has served as such for more count, but also taints the integrity of the envelopes
than 4 years shall be qualified for election containing the election returns and the election
to the same office at any time (Sec. 4, Art. returns themselves. Thus, if the COMELEC is
VII); proscribed from conducting an official canvass of the
2. Vice-President – Shall not serve for more than two votes cast for the President and VP, the COMELEC is,
(2) consecutive terms (Sec. 4, Art. VII) with more reason, prohibited from making an
“unofficial” canvass of said votes. (Brillantes vs.
General Disqualifications: COMELEC, G.R. No. 163193, June 15, 2004)
1. One who has been declared incompetent or
insane by competent authority; 4th Par. – Votes canvassed in joint public session. Note
2. Sentenced by final judgment for: Pimentel and Brilliantes. In Pimentel, the congress can
a) Subversion; continue the canvassing of votes for the PRES and VP
b) Insurrection; even during the compulsory recess of Congress for the
c) Rebellion; simple reason that canvassing is not a legislative
d) Any offense for which he has been sentenced function. In Brillantes, when COMELEC decided to
to a penalty of not more than 18 months; or conduct a quick count for PRES and VP, SC held that
e) A crime involving moral turpitude, unless only the Senate acting as National board of canvassers
given plenary pardon or granted amnesty is allowed by the constitution to conduct canvassing.
(Section 12, BP 881—Omnibus Election Code) Hence Comelec is not allowed.
Note: Congress (SENATE) Manual Canvassing is 5th Par. – Breaking the tie, non-legislative
expressly provided by the constitution as to HOW IT
SHOULD BE MADE BY MEMBERS THEREOF. Hence, 7th Par. – The Supreme Court, sitting en banc, shall be
PICOS machine canvassing of President and VP will be the sole judge of all contests relating to the election,
a direct violation of the constitution. PICOS Machine is returns, and qualifications of the President or Vice
applicable only in local canvassing: HENCE MANUAL President.
CANVASSING!
Jurisdiction: Tecson v. COMELEC – 2 cases for
rd
3 Par. – Even after Congress has adjourned its regular disqualification against FPJ were filed before the
session, it may continue to perform this constitutional COMELEC. 2 cases for disqualification were also filed
duty of canvassing the presidential and vice- directly before the SC. Eventually, the COMELEC
presidential election results without need of any call decided to allow FPJ to run. The SC dismissed the 2
for special session by the President. The joint public cases filed before them saying that COMELEC has
jurisdiction on the Qualification of a Presidential False, because if you do not believe in God, you can
Candidate. SC has no Jurisdiction on qualifications of use affirmation instead of taking an oath
candidates. The basis in resolving the same is that SC
may only review the decision on the qualifications via Section 6. The President shall have an official
certiorari. Note that when they dismissed the 2 cases, residence. The salaries of the President and Vice-
SC was not sitting as PET but as Supreme Court with President shall be determined by law and shall not be
appellate jurisdiction on certiorari of the COMELEC decreased during their tenure. No increase in said
decision. SC can only decide when it is acting as PET as compensation shall take effect until after the
there is already a proclamation (election protest) and expiration of the term of the incumbent during which
somebody is challenging the proclaimed. such increase was approved. They shall not receive
during their tenure any other emolument from the
Effect of Running for another position: Santiago v. Government or any other source.
Ramos, Legarda v. de Castro – Santiago case: Running
and winning and assuming for another position results Inhibitions and Prohibitions:
in the abandonment of Protest. How about if one ran 1. Shall not receive any other emolument from the
but lost, or ran and won, but did not assume? government or any other source (Section 6, Article
VII);
Effect of Death of Protestant: Poe v. GMA – the 2. Shall not hold any other office or employment
protest is not purely personal as it involves public unless otherwise provided in the Constitution;
interest. Hence, the death of protestant does not 3. Shall not practice any other profession;
render the protest moot and academic there is public 4. Shall not participate in any business;
interest involved. Had FPJ won, VP De Castro would 5. Shall not be financially interested in any contract
have assumed or would have been the president as with, or in any franchise, or special privilege
the rule on succession sets in. granted by the Government, including GOCCs;
6. Shall avoid conflict of interest in conduct of office;
What renders protest moot: (apply to local 7. Shall avoid nepotism. (Section 13, Article VII)
government)
1. Expiration of term Section 7. The President-elect and the Vice-President-
2. Running, winning and assuming in an elective elect shall assume office at the beginning of their
office (Santiago/Legarda) terms.
3. Acceptance of permanent appointment
4. Death, if no proper substitution is made (Poe v. If the President-elect fails to qualify, the Vice-
GMA) President-elect shall act as President until the
President-elect shall have qualified.
Section 5. Before they enter on the execution of their
office, the President, the Vice-President, or the Acting If a President shall not have been chosen, the Vice-
President shall take the following oath or President-elect shall act as President until a President
affirmation: shall have been chosen and qualified.
“I do solemnly swear (or affirm) that I will faithfully If at the beginning of the term of the President, the
and conscientiously fulfill my duties as President (or President-elect shall have died or shall have become
Vice-President or Acting President) of the Philippines, permanently disabled, the Vice-President-elect shall
preserve and defend its Constitution, execute its become President.
laws, do justice to every man, and consecrate myself
to the service of the Nation. So help me God.” (In Where no President and Vice-President shall have
case of affirmation, last sentence will be omitted.) been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the
2007, VI. True or false. Briefly explain your answer. President of the Senate or, in case of his inability, the
Speaker of the House of Representatives shall act as
(b) All public officers and employees shall take an oath President until a President or a Vice-President shall
to uphold and defend the Constitution. have been chosen and qualified.

The Congress shall, by law, provide for the manner in 2. President-elect fails to qualify: VP-elect shall act as
which one who is to act as President shall be selected President until the President-elect shall have
until a President or a Vice-President shall have qualified
qualified, in case of death, permanent disability, or 3. President shall not have been chosen: VP-elect
inability of the officials mentioned in the next shall act as President until a President shall have
preceding paragraph. been chosen and qualified.
4. No President and VP chosen nor shall have
Succession: Beginning of Term: qualified, or both shall die or become
June 30, 2010 – 12:00 Noon – VP takes over: permanently disabled: The President of the
1. When the President- elect fails to qualify Senate, or in case of his disability, the Speaker of
2. When the President shall not have been chosen the House of Representatives, shall act as
3. When at the beginning of the term, the President– President until a President or a VP shall have been
elect shall have died, or shall have become chosen and qualified. In the event of inability of
permanently disabled the officials mentioned, Congress shall, by law,
provide for the manner in which one who is to act
When Senate President/Speaker becomes President? as President shall be selected until a President or
1. When no Pres. and V-Pres. have been chosen VP shall have qualified.
2. When the Pres. and V-Pres. dies or becomes
permanently disabled at the beginning of their Vacancy during the term: VP becomes President
term. (Sec. 7) permanently when incumbent President:
1. Dies
If all are unavailable? Last Paragraph [not permanent]; 2. Permanently disabled (physical, mental or moral
Congress shall pass a law (Estrada case)
3. Removal
Section 8. In case of death, permanent disability, 4. Resignation
removal from office, or resignation of the President,
the Vice-President shall become the President to Estrada vs. Arroyo, G.R. No. 146738, March 2, 2001,
serve the unexpired term. In case of death, the SC declared that the resignation of President
permanent disability, removal from office, or Estrada could not be doubted as confirmed by his
resignation of both the President and Vice-President, leaving Malacañan Palace. In the press release
the President of the Senate or, in case of his inability, containing his final statement,
the Speaker of the House of Representatives, shall 1. He acknowledged the oath-taking of the
then act as President until the President or Vice- respondent as President;
President shall have been elected and qualified. 2. He emphasized he was leaving the Palace for the
sake of peace and in order to begin the healing
The Congress shall, by law, provide who shall serve as process (he did not say that he was leaving due to
President in case of death, permanent disability, or any kind of disability and that he was going to
resignation of the Acting President. He shall serve reassume the Presidency as soon as the disability
until the President or the Vice-President shall have disappears);
been elected and qualified, and be subject to the 3. He expressed his gratitude to the people for the
same restrictions of powers and disqualifications as opportunity to serve them as President (without
the Acting President. doubt referring to the past opportunity);
4. He assured that he will not shirk from any future
1. SEC. 7 – refers to June 30 challenge that may come in the same service of
2. SEC. 8 – refers when the president has already the country;
assumed office; refers to simultaneous vacancy of 5. He called on his supporters to join him in
PRES and VP promotion of a constructive national spirit of
reconciliation and solidarity.
Vacancy at the beginning of the term:
1. Death or permanent disability of the President- The Court declared that the elements of a valid
elect: VP-elect shall become President resignation are:
1. Intent to resign;
2. Act of relinquishment.
Both were present when President Estrada left the Note: the constitution provides specific no. days
Palace. within which it is required to act immediately are as
follows:
Totality of prior contemporaneous posterior facts 1. Vacancy in the Office of the PRES and VP (filling-in)
and circumstantial evidence — bearing material 2. When the President declares Martial Law, the
relevant issues — President Estrada is deemed to have congress has to convene immediately to evaluate
resigned — constructive resignation it;
3. Impeachment: Congress has to meet immediately
Resignation — may be written, oral, express, or and evaluate the impeachment complaint and file
implied, for as long as it is clear it must be given legal the same to Senate within a number of days
effect.
When is there special election?Offices of Pres. and V-
Sec. 8: Simultaneous Vacancy – What if the President Pres become vacant
and VP both dies, permanently disabled, impeached or
resign? The Senate President or in case of his Note: Vacancy occurs prior to the 18 months before
disability, the Speaker, shall take over. the next election – applies also in the event of vacancy
in the senate
Section 9. Whenever there is a vacancy in the Office
of the Vice President during his term for which he A law calling for a special election:
was elected, the President shall nominate a Vice 1. Is deemed certified – so exempt from 3 separate
President from among the members of the Senate readings on 3 separate days (no need of printing
and the House of Representatives who shall assume of copies, no need of distribution of copies 3 days
office upon confirmation by a majority vote of all the before the 3rd reading)
members of both Houses of the Congress, voting 2. It becomes law after approval on third reading
separately.
Note: What are the instances when a vetoed bill
Guingona’s appointment as VP – It must be confirmed becomes a law without the signature of the President?
by both congress voting separately by ABSOLUTE 1. When the president did act the same within 30
MAJORITY VOTE days from submission
2. When vetoed bill is overridden by congress by 2/3
Section 10. The Congress shall, at ten o’clock in the vote
morning of the third day after the vacancy in the 3. A law calling for special elections for President and
offices of the President and Vice-President occurs, VP
convene in accordance with its rules without need of 4. Law pass through initiative and referendum…
a call and within seven days enact a law calling for a cannot be vetoed
special election to elect a President and a Vice-
President to be held not earlier than forty-five days Section 11. Whenever the President transmits to the
nor later than sixty days from the time of such call. President of the Senate and the Speaker of the House
The bill calling such special election shall be deemed of Representatives his written declaration that he is
certified under paragraph 2, Section 26, Article V1 of unable to discharge the powers and duties of his
this Constitution and shall become law upon its office, and until he transmits to them a written
approval on third reading by the Congress. declaration to the contrary, such powers and duties
Appropriations for the special election shall be shall be discharged by the Vice-President as Acting
charged against any current appropriations and shall President.
be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The Whenever a majority of all the Members of the
convening of the Congress cannot be suspended nor Cabinet transmit to the President of the Senate and
the special election postponed. No special election to the Speaker of the House of Representatives their
shall be called if the vacancy occurs within eighteen written declaration that the President is unable to
months before the date of the next presidential discharge the powers and duties of his office, the
election.
Vice-President shall immediately assume the powers during their tenure. They shall not, during said
and duties of the office as Acting President. tenure, directly or indirectly, practice any other
profession, participate in any business, or be
Thereafter, when the President transmits to the financially interested in any contract with, or in any
President of the Senate and to the Speaker of the franchise, or special privilege granted by the
House of Representatives his written declaration that Government or any subdivision, agency, or
no inability exists, he shall reassume the powers and instrumentality thereof, including government-
duties of his office. Meanwhile, should a majority of owned or controlled corporations or their
all the Members of the Cabinet transmit within five subsidiaries. They shall strictly avoid conflict of
days to the President of the Senate and to the interest in the conduct of their office.
Speaker of the House of Representatives their written
declaration that the President is unable to discharge The spouse and relatives by consanguinity or affinity
the powers and duties of his office, the Congress shall within the fourth civil degree of the President shall
decide the issue. For that purpose, the Congress shall not during his tenure be appointed as Members of
convene, if it is not in session, within forty-eight the Constitutional Commissions, or the Office of the
hours, in accordance with its rules and without need Ombudsman, or a Secretaries, Undersecretaries,
of call. chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and
If the Congress, within ten days after receipt of the their subsidiaries.
last written declaration, or, if not in session, within
twelve days after it is required to assemble, Prohibitions:
determines by a two-thirds vote of both Houses, 1. holding of incompatible office
voting separately, that the President is unable to 2. appointment of presidential relatives
discharge the powers and duties of his office, the
Vice- President shall act as President; otherwise, the Officers covered by Sec. 13 on the issue of Holding
President shall continue exercising the powers and Incompatible Office:
duties of his office. 1. President
2. Vice President
Who decides when Pres is disabled? 3. Members of the cabinet with rank of secretary
1. He himself by written declaration 4. Their deputies and assistants
2. Majority of the cabinet members who shall make
a written declaration(example: if President is Extent of prohibition:
mentally disable if he declares war with China, A. Incompatible Office:
congress may consider the same) 1. Cannot hold any other office or employment
3. In case of disagreement, the Congress by 2/3 vote (lecturing in UP), unless provided in the
– Estrada v. Desierto:Estrada was considered Constitution itself (not by law provided by
resigned. Estrada petitioned that he was not congress)(CLU Case)
disabled and only Congress can decide the same 2. Cannot directly or indirectly
under Sec. 11. The SC dismissed it on the ground a. Practice any profession- note: Members of
of political question. Congress can practice their profession as
lawyer provided they are not allowed to
Section 12. In case of serious illness of the President, appear as lawyers before a court
the public shall be informed of the state of his health. b. Participate in business- legislature are
The members of the Cabinet in charge of national allowed..
security and foreign relations and the Chair of the c. Be interested in contracts with the
Armed Forces of the Philippines, shall not be denied government
access to the President during such illness. 3. Shall strictly avoid conflict of interest
Section 13. The President, Vice-President, the 2004, No. 3: JAR faces a dilemma: Should he accept a
Members of the Cabinet, and their deputies or Cabinet appointment now or run later for Senator?
assistants shall not, unless otherwise provided in this Having succeeded in law practice as well as prospered
Constitution, hold any other office or employment in private business where he and his wife have
substantial investments, he now contemplates public
service but without losing the flexibility to engage in 2002, No. 6: M is the Secretary of Finance. He is also
corporate affairs or participate in professional an ex oficio member of the Monetary Board of the
activities within ethical bounds. Bangko Sentral ng Pilipinas from which he receives
additional compensation for every Board meeting
Taking into account the prohibitions and inhibitions of attended.
public office whether as Senator or Secretary, he turns A. Can he hold both positions? Yes! It is ex officio
to you for advice to resolve his dilemma. What is your B. Is he entitled to compensation? No anymore
advice? If JAR accepts a cabinet post, which of the allowed
following will not violate the Constitution?
1996, No. 7: (1) Can the Judge Advocate General of
a) giving advice to corporate clients in his law the AFP be appointed as Trustee of the GSIS?
firm, without appearing in court-not allowed Prevailing law provides that all officials of the AFP in
to practice profession service are not allowed to hold another positions
b) owning shares of stocks in San Miguel which is in civilian in character.
Corporation– a secretary is prohibited in
participating in business, but you are not (2) Can the Secretary of Finance be elected as
prohibited to own shares of stocks Chairman of the Board of Directors of San Miguel
c) lecturing in Ateneo de Davao Bar Review Corporation?NO! You cannot participate in business.
Center
d) lecturing in UP Review Center What about other lesser officials? Art. IX, B, Sec. 7: No
elective official shall be eligible for appointment or
When “allowed by the Constitution”: designation in any capacity to any public office or
1. Vice-Pres. as member of the Cabinet – provided by position during his tenure. (ABSOLUTE PROHIBITION!)
the constitution
2. Secretary of Justice as member of Judicial and Bar Unless otherwise provided by law or by the primary
Council – provided by the constitution functions of his position, no appointive official shall
3. Others in an ex officio capacity – members of the hold any other office or employment in the
Cabinet can hold other position in an ex officio government or any subdivision, agency, or
capacity despite of the prohibition in the instrumentality thereof, including government–owned
constitution or controlled corporations or their subsidiaries.
Requisites for ex officio function: Public Interest Center v. Elma, 494 SCRA 53 (2006) –
1. In accordance with law Two positions: PCGG Chair and Presidential Legal
2. Without additional compensation Counsel
3. Related to primary function – ex. Secretary of 1. Which prohibition applies? No under Sec. 13,
finance as ex officio member of the board of because he is not a member of the cabinet! Yes
Central Bank, Education Secretary as Board under Art. 9 - he cannot hold 2 positions at the
member of the Boys Scouts of the Philippines same time.
2. Will he forfeit both? No! Only 1 because once he
May a law be passed allowing them to hold 2 positions accepted another position, he is deemed to have
not in ex officio capacity? CLU case: No, unless waived the other position.
provided by the constitution itself.
Funa v. Ermita, (2010) – Undersecretary of the DOTC
If they hold another in ex officio capacity, can they designated as OIC Administrator of MARINA (Maritime
receive compensation? Bitonio and NAC cases: “per Industry Authority). The SC held that it is not allowed
diem, honorarium or allowance or some other even if it is only on a Temporary position or OIC
euphemism” – NOT ALLOWED EVEN ALLOWANCE capacity; need not be a permanent one.
What about their representative attending meetings Prohibitions on presidential appointments:Spouse,

on their behalf? NO! If Cabinet secretaries are not relatives within the 4th civil degree by affinity or
allowed, with more reason on their representatives. consanguinity, as:
1. Members of the Constitutional Commissions
2. Ombudsman Officers to be appointed by the President that
3. Secretaries or undersecretaries require the confirmation of Commission on
4. Chairmen or heads of bureaus or office including Appointments: (the list is exclusive)
GOCCs 1. Heads of the executive department
Except: Vice-President—may be appointed as a
Other similar prohibitions: Member of the Cabinet. Such appointment
1. Civil Service Law (nepotism) requires no confirmation. (Section 3, Article VII)
2. Local Government Code 2. Ambassadors, other public ministers and consuls
3. Officers of the armed forces from the rank of
2011, No. 97. The Chief Justice appointed X, the colonel or naval captain
President’s sister, as Assistant Court Administrator in 4. Other officers whose appointments are vested in
the Supreme Court during the President's tenure. him in the Constitution. Examples: JBC
Claiming that the Constitution prohibits the recommends and nominates members of the
appointment in government of a President’s relative, a Supreme Court and all lower courts, and
taxpayer asks for its nullification. Will the challenge Ombudsman and his 5 Deputies; Constitutional
prosper? Commissions
5. All other officers of the government whose
a) Yes, since the appointment essentially violates appointments are not otherwise provided by law
the law against nepotism. 6. Those whom he may be authorized by law to
b) Yes, because relatives of the President within appoint.
the fourth civil degree cannot be appointed as
heads of offices in any department of Sarmiento vs. Mison, 156 SCRA 549, not all
government. appointments made by the President need CA
c) No, X's appointment, although in the confirmation. Only those enumerated in paragraph 1
government, is not in the Executive of Section 16, Article VII need confirmation of the
Department that the President heads. Commission on Appointments. The appointment of
d) No, the position to which X was appointed is Salvador Mison as Commissioner of Customs needs no
not among those prohibited under the confirmation by the CA, because the Commissioner of
Constitution. Customs is not among the officers mentioned in the
1st paragraph of Section 16, Article VII.
Appointment — is the selection, by the authority
vested with the power, of an individual who is to Officers of the armed forces from the rank of colonel
exercise the functions of a given office. or naval captain — refers to military officers alone
Designation — simply means imposition of additional PNP is now under the DILG (civilian in character,
duties on a person already in the public service. national in scope) — no longer part of the AFP,
therefore, no need for CA confirmation
Binamira vs. Garrucho, 188 SCRA 154, when a person
is merely designated and not appointed, the Soriano vs. Lista, G.R. No. 153881, March 24, 2003,
implication is that he shall hold office in a temporary the Philippine Coast Guard (PCG) is no longer part of
capacity and may be replaced at will of the appointing the Philippine Navy or the AFP but is not under the
authority. In this sense, a designation is considered DOTC, a civilian agency, the promotion and
only an acting or temporary appointment which does appointment of respondent officers of the PCG will
not confer security of tenure on the person named. not require confirmation by the CA.
Appointing power is executive in nature. It is vested in Calderon vs. Carale, 208 SCRA 254, Article 215 of the
the President. The power carries with it the power to Labor Code as amended by RA 6715, insofar as it
remove except in some cases like Justices of the requires the confirmation by the CA of the
Supreme Court, the President appoints them but he appointment of the NLRC Chairman and
cannot remove them. They can only be removed commissioners, is unconstitutional because it violates
through impeachment. Section 16 of Article VII. The Congress, when they
enacted the law, added to the exclusive list another will prejudice public service or endanger public
category of officers to be appointed by the President safety.
that need the confirmation of the CA.
2. Midnight Appointment –made by the President
Manalo vs. Sistoza, 312 SCRA 239—a law was enacted before his term expires, whether or not it is
creating the PNP, RA 6795. It provides that the confirmed by the CA.
Director, Deputy Director General, and other top
officials of the PNP shall be confirmed by the Villanueva and De Rama Case– Prohibitions on
Commission on Appointments. The SC declared it as Midnight Appointment applies to Local Chief
unconstitutional. Executives or local level
In the above two cases, Congress cannot add/remove How long is the prohibition? Almost 4 months
anything from the list of officers to be appointed by
the President that require confirmation of the CA. The What are the exceptions?
list is exclusive. The Congress cannot add or remove 1. (1) Temporary appointments (2) executive
anything by a mere legislative act. positions (3) if continued vacancy will prejudice
public service or endanger public safety
Appointing Procedure: 2. Supreme Court Justices [De Castro v. JBC, 2010]
1. Nomination by the President;
2. Confirmation by the Commission on Villarama case – appointment of RTC judges within the
Appointments; midnight period. Held: SC said that there will be no
3. Issuance of commission; and more appointment in the judiciary by the president
4. Acceptance by appointee. (appointment of judges) from the Supreme Court
upon acceptance. Pending such acceptance, which down to lower judges;
is optional to the appointee, the appointment may
still be validly withdrawn. Appointment to a public De Castro case – appointment of Corona during the
office cannot be forced upon citizen except for midnight period. Held: this is an exception to the
purposes of defense of the State under Section 4, general rule. Provisions of the Judiciary that vacancy in
Article II of the Constitution, as an exception to the Supreme Court shall be filled in within 90 days
the rule against involuntary servitude. from its occurrence. There is no exception to that
provision. Hence, appointment of Supreme Court
Types of Appointments (Sec. 14-16): justices is an exception.
1. Those made by the acting President
2. Midnight appointments Does it apply to RTC judges? NO! Take a look on the
3. Regular Appointments decision of Villarama case which was unanimous.
4. Ad Interim Appointments
5. Acting Appointments? not in the constitution 2011, No. 68. Associate Justice A retires from the
Supreme Court 90 days before the forthcoming
Section 14. Appointments extended by an Acting Presidential election. May the incumbent President still
President shall remain effective, unless revoked by appoint Justice A's successor?
the elected President within ninety days from his
assumption of reassumption of office. a) No, it will violate the Constitutional
prohibition against midnight appointments.
1. Appointment by acting president – temporary in b) Yes, vacancies in the Supreme Court should be
nature unless not revoked by the President filled within 90 days from occurrence of the
vacancy.
Section 15. Two months immediately before the next c) Yes, vacancies in the Supreme Court should be
Presidential elections and up to the end of his term. A filled within 90 days from submission of JBC
President or acting President shall not make nominees to the President. (applies only to
appointments except temporary appointments to lower court judges)
executive positions when continued vacancy therein d) No, the incumbent President must yield to the
choice of the next President
1999 (1): What are the six categories of officials who
Section 16. The President shall nominate and, with are subject to the appointing power of the President?
the consent of the Commission on Appointments, Answer: Mison Case
appoint the heads of the executive departments,
ambassadors, other public ministers and consuls, or Which appointment requires confirmation by the
officers of the armed forces from the rank of colonel Commission on Appointments?
or naval captain, and other officers whose
appointments are vested in him in this Constitution. a) Solicitor General
He shall also appoint all other officers of the b) Consul General
Government whose appointments are not otherwise c) Governor of the Bangko Sentral
provided for by law, and those whom he may be d) Ombudsman
authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in Whose appointment requires confirmation?
rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or a) Director General of the PNP
boards. (REGULAR APPOINTMENT) b) Colonel of the Philippine Marines
c) Admiral of the Philippine Coast Guard
The President shall have the power to make d) Captain of the Philippine Air Force
appointments during the recess of the Congress,
whether voluntary or compulsory, but such 2011, No. 65. Whose appointment is NOT subject to
appointments shall be effective only until disapproval confirmation by the Commission on Appointments?
by the Commission on Appointments or until the next
adjournment of the Congress. (AD INTERIM a) Chairman of the Civil Service Commission
APPOINTMENTS) b) Chief Justice of the Supreme Court
c) Chief of Staff of the Armed Forces of the
3. Regular Appointments – Appointment by the Philippines
President when Congress is in session. It takes d) Executive Secretary
effect only after confirmation by the CA, and once
approved, continues until the end of the term of 2011, No. 96. Since the Constitution is silent as to who
the appointee. can appoint the Chairman of the Commission on
Human Rights, the President appointed W to that
Mison Classification: Presidential Appointees position without submitting his appointment to the
1. Heads of executive departments, ambassadors, Commission on Appointments for confirmation. Is W’s
other public ministers and consuls, officers of the appointment by the President valid?
armed forces from the rank of naval captain, and
other officers whose appointments are vested in a) No, since the position of Chairman of the
him by the Constitution (requires the confirmation Commission was created by statute, the
of the Commission on Appointment) appointment of its holder requires the
2. All other officers whose appointments are not consent of Congress.
otherwise provided by law (this happens when the b) Yes, since the power to appoint in the
congress creates an office without providing as to government, if not lodged elsewhere, belongs
who shall appoint or who shall fill in the position) to the President as Chief Executive. (fall within
3. Those whom the President may be authorized by appointments under NO. 3; if the constitution
law to appoint. (the law creating the office creates the office but silent as to who shall
expressly provides that the President shall appoint)
appoint) applies generally if the constitution c) Yes, since the power to fill up all government
creates the office but silent as to who shall positions mentioned in the Constitution has
appoint- been lodged in the President.
4. Officers lower in rank whose appointments the d) No, because absent any express authority
Congress may by law vest in the President alone. under the Constitution, the power to appoint
(similar with no. 3) does not exist.

Appointments requiring confirmation: (HAOO) 2. Ombudsman and his deputies (JBC)
1. Heads of executive departments (Executive
Secretary not included; also not included are 1. Can Congress add to the list? No it cannot by
assistant secretaries and undersecretaries / means of a law – Singson, Calderon, Manalo (Chief
deputies) Superintendent, Director-PNP), Soriano II [Admiral
2. Ambassadors, other public ministers and consuls or Rear Admiral)
(apply to people in the foreign services; only those 2. Can the President add to the list – Bautista
with diplomatic functions; a consul with consul2
requires confirmation – it goes with the rank; 1991, No. 1: Name the categories of officials whose
public ministers are those assigned not to the appointments require confirmation by the CA?
embassies but those to the ASEAN, UN and other
International Organizations) The only officers whose appointments need
3. Officers of the AFP from the rank of colonel and confirmation by the Commission on Appointments are
naval captain the head of executive departments, ambassadors,
other public ministers and consuls, officers of the
Manalo case: Director General – PNP – PNP Director armed forces from the rank of colonel or naval
General is not covered as officers of the AFP as his captain, and other officials whose appointments are
function is civilian in character. Hence, the law vested in the President by the Constitution.
providing the confirmation of the appointment of PNP
Director General is unconstitutional. 2002, No. 5: On Dec. 13, 1990, the President signed
into law RA 6975 creating the DILG. Sec. 26 of the law
Soriano v. Lista: Commodore, Rear Admiral, Admiral provides that senior officers of the PNP, from Senior
of Phil Coast Guard - NO need of confirmation. They Superintendent to Director General or Chief of the PBP
are not members of the AFP. Hence, the law requiring be appointed by the President subject to confirmation
its confirmation is unconstitutional as their functions by the CA.
are civilian in character.
In 1992, the President promoted Roberto Matapang to
4. Other officers whose appointments are vested in the position of Chief Superintendent. Without
him by the Constitution: undergoing confirmation by the Commission, he took
a) Chair and members of the CSC, COMELEC, his oath of office. Is the appointment valid?
COA [Bautista Case – the appointment of CHR Yes! It is valid as the appointment of his position is not
requires no confirmation) among those listed in the constitution. No need of
b) Regular members of JBC confirmation.
Also a law providing the confirmation of the Sec. 16. Last sentence, first paragraph: “The Congress
appointment of Members of the NLRC and may by law vest the appointments of the other
Governor of Central Bank was declared officers lower in rank in the President alone, in the
unconstitutional as they are not among them courts, or in the heads of departments, agencies,
provided for by the constitution. commissions, or boards.”
JBC Members: Rufino v. Endriga – CPP Board; the law provided that
1) Representative of the IBP in case of vacancy in the board, the board itself can
2) Professor of law appoint the same. Held: The law is unconstitutional in
3) Retired member of the SC view of the provisions that boards can only appoint of
4) Representative of the private sector other officers lower in rank. They cannot appoint
somebody in equal rank.
c) Sectoral representative to Congress (Quintos-
Deles – Required to be confirmed) 4. Ad Interim Appointment
Appointments vested in the President by the Sec. 16. 2nd Paragraph: “The President shall have the
Constitution, yet requiring no confirmation: power to make appointments during the recess of the
1. Justices and judges of lower courts (JBC) Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproval questioned the validity of Santos’ appointment.
by the Commission on Appointments or until the next Resolve the following issues:
adjournment of the Congress.”
(a) Does Santos’ assumption of office on the basis of
Principles: ON AD INTERIM APPOINTMENT the ad interim appointments issued by the President
1. It is permanent in nature (you cannot be removed amount to a temporary appointment which is
unless for a legal cause) – it takes effect prohibited by Section 1(2), Article IX-C of the
immediately and can no longer be withdrawn by Constitution? Ad interim appointment is considered a
the President once the appointee has qualified permanent appointment.
into office. The fact that it is subject to
confirmation by the Commission on Appointments (b) Assuming the legality of the first ad interim
does not alter its permanent character. The appointment and assumption of office by Santos, were
Constitution itself makes an ad interim his second ad interim appointment and subsequent
appointment permanent in character by making it assumption of office to the same position violations of
effective until disapproved by the CA or until the the prohibition? No! He can be re-nominated in view
next adjournment of Congress. of the fact that his termination was by virtue of
2. It is effective immediately (as distinguished from adjournment of congress without acting on his
regular appointee whose appointment is not appointment.
effective only upon its confirmation), but ceases
to be valid if disapproved by the CA or upon the Whether ad interim appointees by-passed by
next adjournment of Congress. It is deemed by- Commission on Appointments may be subject to re-
passed through inaction. It is intended to prevent appointment?
interruptions in vital government services that
would otherwise result from the prolonged The SC held that an ad interim appointment that is by-
vacancies in government offices. passed by the Commission on Appointments because
of lack of time or failure of the latter to organize is
How terminated: another matter. A by-passed appointment is one that
1. Disapproval by the commission has not been finally acted upon on the merits by the
2. Adjournment of the Congress CA at the close of the session of Congress. There is no
final decision by the Commission on Appointments to
Can the President nominate someone to the same give or withhold its consent to the appointment as
position if the COA fails to confirm him? It must be required by the Constitution. Absent such decision,
distinguished. If it is terminated by disapproval by the the President is free to renew the ad interim
commission, the president cannot someone to the appointment of a bypassed appointee. This is
same position. If congress adjourned without acting recognized in Section 17 of the Rules of the
on your appointment, renomination is valid. Commission on Appointments. Hence, under the
Rules, a by-passed appointment can be considered
Matibag v. Benipayo – In March 2001, while Congress again if the President renews the appointment.
was adjourned, the President appointed Santos as
Chairman of the Commission on Elections. Santos Four (4) Situations where Section 1 (2), Article IX-C
immediately took his oath and assumed office. While will apply:Section 1 (2), Article IX-C of the Constitution
his appointment was promptly submitted to the provides: The Chairman and the Commissioners shall
Commission on Appointments for confirmation, it was be appointed by the President with the consent of the
not acted upon and Congress again adjourned. In June Commission on Appointments for a term of seven
2001, the President extended a second ad interim years without reappointment. Of those first
appointment to Santos for the same position with the appointed, three Members shall hold office for seven
same term, and this appointment was again submitted years, two Members for five years, and the last
to the Commission on Appointments for confirmation. Member for three years, without reappointment.
Santos took his oath anew and performed the Appointment to any vacancy shall be only for the
functions of his office. Reyes, a political rival, filed a unexpired term of the predecessor. In no case shall
suit assailing certain orders issued by Santos. He also any Member be appointed or designated in a
temporary or acting capacity.
a) Where an ad interim appointee to the COMELEC, Office of the Ombudsman, or as Secretaries,
after confirmation by the CA, serves his full 7-year Undersecretaries, chairmen or heads of bureaus or
term. Such person cannot be reappointed to the offices, including government-owned or controlled
COMELEC, whether as a member or as a chairman, corporations and their subsidiaries.
because he will then be actually serving more than 7 b) Appointments extended by an Acting President
years. shall remain effective unless revoked by the elected
b) Where the appointee, after confirmation, serves a President within 90 days from his assumption of
part of his term and then resigns before his 7-year office. (section 14, Article VII)
term of office ends. Such person cannot be c) The presidential power of appointment may also
reappointed. Whether as a member or as a chairman, be limited by Congress through its power to prescribe
to a vacancy arising from retirement because a qualifications for public office.
reappointment will result in the appointee also d) The judiciary may annul an appointment made by
serving more than seven years. the President if the appointee is not qualified or has
c) Where the appointee is confirmed to serve the not been validly confirmed by the Commission on
unexpired term of someone who died or resigned, and Appointments.
the appointee completes the unexpired term. Such e) Section 15, Article VII—2 types of appointment:
person cannot be reappointed, whether as member or Two months immediately before the next presidential
d) chair, to a vacancy arising from retirement elections and up to the end of his term, a President
because a reappointment will result in the appointee orActing President shall not make appointments,
also serving more than seven years. except temporary appointments to executive
e) Where the appointee has previously served a term positions when continued vacancies therein will
less than seven years, and a vacancy arises from death prejudice public service or endanger public safety.
or resignation. Even if it will not result in his serving
more than 7 years, a reappointment of such person to 5. Temporary Appointment – those given to persons
serve an unexpired term is also prohibited because his without such eligibility, revocable at will andwithout
situation will be similar to those appointed under the necessity of just cause or a valid investigation, made
second sentence of Section 1 (2), Article IX-C of the on theunderstanding that the appointing power has
Constitution. This provision refers to the 1st not yet decided on a permanentappointee and that
appointees under the Constitution, whose terms of the temporary appointee may be replaced at any time
office are less than 7 years, but are barred from ever apermanent choice is made.
being reappointed under any situation.
Temporary appointment and Designation are not
Ad interim appointment Appointment in an acting subject to confirmation by the Commission on
capacity Appointments. Such confirmation, if given
Made if congress is not in Made any time there is erroneously, will not make the incumbent permanent
session vacancy, i.e., whether appointee. (Valencia vs. Peralta, 8 SCRA 692)
Congress is in session or
not
Pimentel v. Ermita: Can the President, while Congress
Requires confirmation of Does not require is in session, instead of issuing a regular appointment,
CA confirmation of CA issue an acting appointment, to a cabinet member?
Permanent in nature Temporary in nature Facts: GMA appointed his cabinets while congress is in
session acting appointments. Can the president do
Appointee enjoys security The appointee does not
that? Held: Yes, the President can make temporary
of tenure enjoy security
of tenure appointment even if congress is in session because:
1. These appointees are his alter-egos
Limitations on Appointing Power: 2. Administrative Code authorizes him to make such
a) Prohibition against nepotism—(Section 13, par. 2, appointment
Article VII) The spouse and relatives by consanguinity
or affinity within the 4th civil degree of the General v. Urro, March 29, 2011: What about
Presidentshall not during his tenure be appointed as temporary appointments to an office where the
Members of the Constitutional Commissions, or the occupants are, by law, given fixed but staggered
terms? Yes! Legal education board has staggered 2009, No. XXIII. A was a career Ambassador when he
terms. Can the president make such temporary accepted an ad interim appointment as Cabinet
appointments? Yes, because he is allowed under the Member. The Commission on Appointments bypassed
admin code. his ad interim appointment, however, and he was not
re-appointed. Can he re-assume his position as career
1994/ No. IV. Distinguish between an “appointment in Ambassador?
an acting capacity” extended by a Department
Secretary from an ad interim appointment extended NO! He cannot re-assume as his appointment was
by the President. permanent (ad interim). He is deemed to have
The first is temporary in nature, while the latter is abandoned his previous post upon acceptance of the
permanent. ad interim appointment.
2011, No. 45. The President's appointment of an A is an incumbent Senator. While Congress was not in
acting secretary although Congress is in session is session, the President appointed him as Secretary of
Education which he accepted. When Congress
a) voidable. resumed its session, the Commission on Appointment
b) valid. disapproved A’s appointment. Which is proper?
c) invalid.
d) unenforceable. a) A can be appointed again as Secretary of
Education (it cannot be had as his
1994: No. 16: In December 1988, while Congress was appointment was already disapproved)
in recess, A was extended an ad interim appointment b) A can re-occupy his seat in the Senate( it
as Brigadier General of the Philippine Army. In cannot be also because he is deemed to have
February 1989, when Congress was in recess, B was vacated his position upon acceptance of the
nominated as Brigadier General of the Philippine appointment of incompatible office)
Army. B’s nomination was confirmed on Aug. 5, 1989, c) A can be appointed as Secretary of Health
while A’s appointment was confirmed on Sept. 5, d) A can remain as Secretary of Education in a
1989. hold-over capacity until a new Secretary is
appointed (stupid answer)
1. Who is deemed more senior of the two, A or B?
Power of Removal
A, because an ad interim appointment is considered General Rule: This power is implied from the power to
permanent. B’s appointment is effective only upon appoint.
confirmation. Hence, A is more senior than B. Exceptions: Those appointed by him where the
Constitution prescribes certainmethods for separation
2. Suppose Congress adjourned without the from public services.
Commission on Appointments acting on both Example: Members of the Constitutional
appointments, can A and B retain their original ranks Commissions, Justices of the SC—mayonly be
of colonel? removed through impeachment
A cannot retain in view of the settled rule that when Members of the career service of the Civil Service who
he accepted the ad interim appointment which is are appointed by the President may be directly
permanent in nature, he is deemed to have vacated disciplined provided that the same is for cause and in
his former post. However as to B, he can still retain his accordance with the procedure prescribed by law.
original ranks as his appointment (regular
appointment) becomes regular only upon Members of the Cabinet and such officers whose
confirmation. continuity in office depends upon the pleasure of the
President may be replaced at any time, but legally
Nature Date Confirmed speaking, their separation is effected not by removal
A. Ad int. Dec. 88 Sept. 5, 89 but by expiration of their term. (Aparri vs. Court of
B. Reg. Feb. 89 Aug. 5, 89 Appeals, 127 SCRA 231)

Section 17. The President shall have control of all the DENR case – can be delegated to a head of DENR;
executive departments, bureaus and offices. He shall power to transfer of regional office – the power of the
ensure that the laws be faithfully executed. President to reorganize the National Government may
validly be delegated to his Cabinet members
Doctrine of Qualified Political Agency / Alter Ego exercising control over a particular executive
Doctrine– All executive and administrative department. Accordingly, in this case, the DENR
organizations are adjuncts of the executive Secretary can validly reorganize the DENR by ordering
department. The heads of the various departments the transfer of the DENR Regional Offices from
are assistants of the chief executive, and the functions Cotabato City Koronadal, South Cotabato. The exercise
of the President are performed by and through them. of this authority by the DENR Secretary, as an alter
Their acts performed in the regular course of business, ego of the President, is presumed to be the act of the
are unless disapproved by the President, presumably President because the latter had not expressly
the acts of the chief executive. repudiated the same.
Note: Heads of departments are alter egos of the However, in the case of Gloria vs. Court of Appeals,
president G.R. No. 119903, August 15, 2000, the SC held that
even if the DECS Secretary is an alter ego of the
Under the Doctrine of Qualified Political Agency, the President, he cannot invoke the President’s immunity
President may delegate executive power to his alter from suit in a case filed against him, inasmuch as the
egos, that is, the Heads of Executive Departments. As questioned acts are not those of the President.
an exception, which power is NOT subject to
delegation? Torres case – appointment of prosecutors
Facts: Under the law, only the president has the
a) The power to contract and guarantee foreign power to appoint provincial prosecutor. Under the
loans admin code, the president can only appoint upon the
b) The power to grant pardons and remit fines recommendation of SOJ. What happened was that SOJ
and forfeitures recommended A to the President but the latter
c) The power to transfer the seat of Regional appointed B without SOJ recommendation. Issue: Is
Offices from one city or province to another the appointment of the President valid? Yes. SOJ is
d) The power to fix tariff rates for imports and only an alter ego of the president. He can be
exports disregarded by the president.
Faithful Execution Clause – As Chief Executive, the Included in the Power of Control:
President holds the steering wheel that controls the 1. Power to transfer and merge offices – PCUP and
course of her government—she lays down policies in NCIP [Anak-Mindanao v. Executive Secretary
the execution of her plans and programs, and (2007)] – transfer and merger by the president of
whatever policy, she chooses, she has her PCUP(created by its own law) and NCIP (by
subordinates to implement them. (Chavez vs. Romulo, another law) under the DENR. Held: The power of
G.R. No. 157036, June 9, 2004) control of the president includes the power to
transfer and merge offices.
What cannot be delegated? 2. Power to Reorganize [Malaria Employees v.
1. Declare martial law and suspend privilege of writ Executive Secretary, 2007) – if you are removed as
2. Power to enter into treaties and executive a consequence of reorganization made by the
agreements president, you cannot complain.
3. Power to grant pardon 3. Power to Abolish [Buklod v. Zamora, 2001) – it is
well settled that the power to create includes the
Constantino case – power to contract foreign loans power to abolish. The problem is that it is the
(can be delegated to Sec. of Finance) congress who creates an office, so it should be the
one who should abolish the office. Held: Under
Southern Cross case – power to fix tariff rates [can be the administrative code, the president is
delegated to Sec. of DTI] empowered to abolish so long as the office falls
within the executive! It does not spring from the
power to create or power of control. It is from the principals, accomplices and accessories during the
admin code. previous administration, and thereafter to submit its
4. Power to Dismiss – inherent to the power of the finding and recommendations to the President,
president to appoint Congress and the Ombudsman. Since there was no
law authorizing the President to create the office,
Rufino v. Endriga: Can Congress create an office petitioners claimed that its creation violated the
independent of the Executive, legislature and the Constitution. Does the creation of the commission
Judiciary? Yes. Independent constitutional body, have any basis in the Constitution?
quasi-judicial body / local government
Held: Yes. The creation of the PTC finds justification
What about GOCC’s?Can they be created under Section 17, Article VII of the Constitution,
independently by providing and vesting the power to imposing upon the President the duty to ensure that
appoint member of the board of CCP to the board itself the laws are faithfully executed. The allocation of
through PD of Marcos? Held: SC said you cannot power in the three principal branches of government
create a body independent from anybody! It has to be is a grant of all powers inherent in them. The
under the 3 separate and independent branches of President’s power to conduct investigations to aid him
the government. Hence, GOCCs should be created in ensuring the faithful execution of laws – in this case,
under a law or under the Corporation Code, not by a fundamental laws on public accountability and
president providing its independence in view of the transparency – is inherent in the President’s powers as
abovementioned ruling. the Chief Executive. That the authority of the
President to conduct investigations and to create
2003, No. 6: The President abolished the office of the bodies to execute this power is not explicitly
Presidential Spokesman in Malacanang Palace and a mentioned in the Constitution or in statutes does not
long standing Bureau under the DILG. The employees mean that he is bereft of such authority. Indeed, the
of both offices assailed the action of the President for Executive is given much leeway in ensuring that our
being an encroachment of legislative powers and laws are faithfully executed. One of the recognized
thereby void. Was the contention of the employees powers of the President granted pursuant to this
correct? constitutionally-mandated duty is the power to create
ad hoc committees. This flows from the obvious need
NO! The power of control of the President includes to ascertain facts and determine if laws have been
the power to abolish as authorized by the admin code. faithfully executed.
2009, No .XI: TRUE or FALSE. Answer TRUE if the So the SC allowed the creation of the same pursuant
statement is true, or FALSE if the statement is false. to the faithful execution clause, but not on the power
Explain your answer in not more than two (2) to create.
sentences.
Note: General rule is that the president cannot create
The President exercises the power of control over all an office because only congress is empowered to do
executive departments and agencies, including the same. However, justified the same in the following
government-owned or controlled corporations. so the SC allowed the creation of the same pursuant
to the faithful execution clause but not on the power
FALSE. Under Sec. 17, the President shall have control to create and it is an ad hoc body. But later, PTC was
of all the executive departments, bureaus and offices, declared unconstitutional based on the Equal
it does not include GOCCs! Protection Clause.
Biraogo v. Philippine Truth Commission, 637 SCRA 78 2011, No. 38. When the President orders the Chief of
(2010) – The President on July 30, 2010, signed the Philippine National Police to suspend the issuance
Executive Order No. 1 establishing the Philippine Truth of permits to carry firearms outside the residence, the
Commission of 2010. The ad hoc body formed under President exercises:
the Office of the President with the primary task to
investigate reports of graft and corruption committed a) the power of control. (control means you can
by third-level public officers and employees, their co- substitute one thing with another)
b) the Commander-in-Chief power. report in person or in writing to the Congress. The
c) the power of supervision. Supervisory power Congress, voting jointly, by a vote of at least a
of the president over local government units. majority of all its Members in regular or special
d) the calling out power. session, may revoke such proclamation or
suspension, which revocation shall not be set aside
2011, No. 2. Jax Liner applied for a public utility bus by the President. Upon the initiative of the President,
service from Bacolod to Dumaguete from the Land the Congress may, in the same manner, extend such
Transportation Franchising and Regulatory Board proclamation or suspension for a period to be
(LTFRB). BB Express opposed. LTFRB ruled in favor of determined by the Congress, if the invasion or
Jax. BB appealed to the Secretary of the Department rebellion shall persist and public safety requires it.
of Transportation and Communication (DOTC), who
reversed the LTFRB decision. Jax appealed to the The Congress, if not in session, shall, within twenty-
Office of the President which reinstated the LTFRB’s four hours following such proclamation or
ruling. BB Express went to the Court of Appeals on suspension, convene in accordance with its rules
certiorari questioning the decision of the Office of the without need of a call.
President on the ground that Office of the President
has no jurisdiction over the case in the absence of any The Supreme Court may review, in an appropriate
law providing an appeal from DOTC to the Office of proceeding filed by any citizen, the sufficiency of the
the President. Will the petition prosper? factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
a) No, exhaustion of administrative remedies up extension thereof, and must its decision thereon
to the level of the President is a pre-requisite within thirty days from its filing.
to judicial recourse.
b) No, the action of the DOTC Secretary bears A state of martial law does not suspend the
only the implied approval of the President operation of the Constitution, nor supplant the
who is not precluded from reviewing the functioning of the civil courts or legislative
decision of the former. assemblies, nor authorize the conferment of
c) Yes, when there is no law providing an appeal jurisdiction on military courts and agencies over
to the Office of the President, no such appeal where civil courts are able to function, nor
may be pursued. automatically suspend the privilege of the writ.
d) Yes, the doctrine of qualified political agency The suspension of the privilege of the writ shall apply
renders unnecessary a further appeal to the only to persons judicially charged for rebellion or
Office of the President. offenses inherent in or directly connected with
invasion.
But seeAngeles v.Gaite, 646 SCRA 309 (2011) –
Decision of the SOJ dismissing a complaint filed can be During the suspension of the privilege of the writ, any
appealed only to the president if the penalty involved person thus arrested or detained shall be judicially
is reclusion perpetua or death. Lower than this by the charged within three days, otherwise he shall be
SOJ, it must be appealed directly to the CA released.
Section 18. The President shall be the Commander-in- A. Commander-in Chief Powers:
Chief of all armed he may call out such armed forces 1. To call out AFP to suppress violence
of the Philippines and whenever it becomes 2. To suspend privilege of writ of habeas corpus
necessary, to prevent or suppress lawless violence, 3. To place the Philippine or any part under Martial
invasion or rebellion. In case of invasion or rebellion, Law
when the public safety requires it, he may, for a 4. Emergency powers granted by Congress for
period not exceeding sixty days, suspend the specific purpose
privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Calling-out power – Lawless violence
Within forty-eight hours from the proclamation of Rebellion
martial law or the suspension of the privilege of the Invasion
writ of habeas corpus, the President shall submit a
Declare martial law & suspend the writ of HC appearing before Congress pertains to a wholly
– rebellion different and independent specie of presidential
– invasion authority — the commander-in-chief powers of the
"when the public safety so requires” President. By tradition and jurisprudence, the
commander-in-chief powers are not encumbered by
Can the President declare a state of rebellion? the same degree of restriction as that which may
Sanlakas case – Yes! Pursuant to admin code, but does attach to executive privilege or executive control.
not add to his powers unless provided by the congress
B. Suspension of the privilege of the writ of habeas
Can the President declare a state of emergency? David corpus
case – Yes
Grounds: invasion or rebellion, when public safety
What is the effect of both? Lacson, Lim, David cases – requires it.
It does not add to his powers
Duration: not to exceed 60 days, following which it
Can the SC look at the factual basis for the exercise of shall be lifted unless extended by Congress
the power of the President to call out the armed
forces? Lacson case – “grave abuse of discretion”: Yes Duty of the President: To report action to Congress
if there is grave abuse of discretion and SC can reverse within 48 hours, personally or in writing
it; “when it becomes necessary”: SC can take
cognizance as to what constitute “necessary” Note: The Congress may revoke or extend, on request
of the President, the effectivity of proclamation by a
Ampatuan v. Puno, 651 SCRA 228 (2011) – Without majority vote of all its Members, voting jointly.
congressional authorization
The suspension applies only to persons judicially
Grave Abuse of Discretion Amounting to Lack or charged for rebellion or offenses inherent in or
Excess of Jurisdiction — capricious and whimsical directly connected with invasion.
exercise of judgment. The abuse of discretion must be
patent and gross as to amount to an evasion of a During the suspension of the privilege of the writ of
positive duty or a virtual refusal to perform a duty habeas corpus, any person thus arrested or detained
enjoined by law, or to act at all in contemplation of shall be judicially charged within three (3) days,
law, as where the power is exercised in an arbitrary otherwise he shall be released.
and despotic manner by reason of passion or hostility.
(Intestate Estate of Carmen de Luna vs. IAC, February C. Proclamation of Martial Law
13, 1989)
Constitutional safeguards on the exercise of the
General Rule: Calling out power is not subject to power of the President to proclaim martial law:
judicial review and is considered a political question. 1. There must be actual invasion or rebellion;
Exception: When there has been a GAD. 2. The duration of the proclamation shall not exceed
60 days;
2011, No. 75. The President CANNOT call out the 3. Within 48 hours, the President shall report his
military: action to Congress. If Congress is not in session, it
must convene within 24 hours;
a) to enforce customs laws. Because it is a police 4. Congress may, by majority vote of all its members
matter voting jointly, revoke the proclamation, and the
b) to secure shopping malls against terrorists. President cannot set aside the revocation;
c) to arrest persons committing rebellion. 5. By the same vote and in the same manner, upon
d) to raid a suspected haven of lawless elements. initiative of the President, Congress may extend
the proclamation if the invasion or rebellion
Gudani vs. Senga, G.R. No. 170165, August 15, 2006 continues and public safety requires it;
(Tinga), the ability of the President to require a 6. The Supreme Court may review, in an appropriate
military official to secure prior consent before proceeding filed by any citizen, the sufficiency of
the factual basis of the proclamation of martial
law or the suspension of the privilege of the writ 1. Not to exceed 60 days
of habeas corpus or the extension thereof, and 2. Must submit a report to Congress
must promulgate its decision thereon within 30 3. Congress can annul proclamation
days from its filing; 4. The Supreme Court can review
7. It does not suspend the operation of the 5. Does not suspend Constitution
Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize 1997, No 14: (a) When may the privilege of the writ of
the confinement of jurisdiction on military courts habeas corpus be suspended?
and agencies over civilians where civil courts are
able to function, nor automatically suspend the Rebellion or invasion, or when public safety requires
privilege of the writ. it; it does not include sedition.
Olaguer doctrine (aka OPEN COURT DOCTRINE) — (b) If validly declared, what would be the full
civilians cannot be tried by military courts if the civil consequence of suspension?
courts are open and functioning (Olaguer vs. Military
Commission No. 34, G.R. No. L-54448, May 22, 1987) 1. It will apply only to people judicially charged with
rebellion or offenses connected with rebellion
A state of Martial Law does NOT: 2. Police are given 72 hours or 3 days to deliver the
1. Suspend the operation of the Constitution. suspected persons to nearest authorities
2. Supplant functioning of civil courts nor confer
jurisdiction on military tribunals over civilians 2000, No. 17: Declaring a rebellion, hostile groups
3. Supplant functioning of legislative assemblies have opened and maintained armed conflicts on the
4. Suspend the privilege of the writ of habeas corpus islands of Sulu and Basilan. Can the President place the
two islands under martial law?
Four ways for the proclamation or suspension to be
lifted: Yes! Need not necessarily place the entire country
1. Lifting by the President himself; under martial law
2. Revocation by Congress;
3. Nullification by the SC; The suspension of the privilege of the writ of habeas
4. Operation of law after 60 days. corpus would:
2006, No. 1: (a) What do you mean by the "Calling-out a) Render inoperative the right to bail
Power" of the President under Section 18, Article VII of b) Allow the indefinite detention of rebels
the Constitution?It is the power of the president to call without charge
out the armed forces to suppress violence, rebellion. c) Suspend the right of all detainees to challenge
the legality of their detention in court
(b) On February 24, 2006, President Gloria Macapagal- d) Permit the police to detain a rebel suspect for
Arroyo issued Proclamation No.1017 declaring a state 72 hours without charge
of national emergency. Is this Proclamation
constitutional? Yes! 2011, No. 42.The President may proclaim martial law
over a particular province subject to revocation or
(c) During the effectivity of this Proclamation, Gener, extension:
Lito, and Bong were arrested by the police for acts of
terrorism. Is the arrest legal? Remember that the a) by Congress, subject to ratification by the
power of the courts is not affected by the Supreme Court.
declarations. Meaning, you cannot be arrested b) by the Supreme Court – the congress may
without warrant unless caught in flagrante delicto. revoke it but cannot extend
c) by Congress alone
2000, No. 17: What are the constitutional safeguards d) by Congress, upon recommendation of the
on the exercise of the President’s power to proclaim respective Sangguniang Panlalawigan.
martial law?
Section 19. Except in cases of impeachment, or as 4. Cannot be granted in cases of legislative contempt
otherwise provided in this Constitution, the President or civil contempt;
may grant reprieves, commutations, and pardons, 5. Cannot absolve convict of civil liability;
and remit fines and forfeitures, after conviction by 6. Cannot restore public offices forfeited.
final judgment.
COMELEC: “pardon, parole, amnesty, suspension of
He shall also have the power to grant amnesty with sentence” cannot be granted without the favorable
the concurrence of a majority of all the members of recommendation of the COMELEC
the Congress. 1. COMMUTATION can be granted without COMELEC
recommendation!
Pardoning Power — Exercise by the President: 2. Remember that In amnesty, the grantee must
Discretionary; may not be controlled by the legislature admit his guilt before it can be granted
or reversed by the courts unless there is violation of 3. Pardon does not result to automatic
the Constitution. reinstatement
Section 19, Article VII is simply the source of power of Other principles:
the President to grant reprieves, commutations, and 1. In amnesty, the person must first admit guilt.
pardons and remit fines and forfeitures after 2. Pardon does not result to automatic
conviction by final judgment. This provision, however, reinstatement, except when it is premised on the
cannot be interpreted as denying the power of courts person’s complete innocence / express innocence
to control the enforcement of decisions after finality. in the pardon. He is in fact entitled to back wages.
In truth, an accused convicted by final judgment still 3. There can be executive clemency in administrative
possesses collateral rights; rights that can be claimed cases, except commutation of suspension from 6
in the appropriate courts. For instance, a death months to 3 months was allowed, except that
convict who becomes insane after final conviction such clemency cannot be had if the sentence is
cannot be executed while in the state of insanity. issued by the judiciary to its employees
(separation of powers), but the SC now gives give
Executive Clemency clemency to its employees
1. Pardon – exempts offender from punishment 4. Determination whether you violated terms of your
Conditional pardon—is in the nature of a contract pardon lies with the pardoning authority.
between the sovereign power or the Chief
Executive and the convicted criminal to the effect Amnesty Pardon
that the former will release the latter subject to addressed to political refers to infractions of
the condition that if he does not comply with the offenses laws of the state or
terms of the pardon, he will be recommitted to ordinary offenses
granted to a class or granted to individuals
prison to serve the unexpired portion of the
classes of persons
sentence or an additional one. it need not be accepted it must be accepted
2. Commutation – reduction or mitigation of penalty it requires the it does not need the
3. Reprieve – postponement of execution to another concurrence of Congress concurrence of Congress
date it is a public act it is a private act of the
4. Remission of Fines and Forfeitures President
5. Parole—release from imprisonment, but without it looks backward and it looks forward and
full restoration of liberty, as parolee is in custody puts the offense relieves the pardonee of
into oblivion the consequences of the
of the law although not in confinement
offense
6. Amnesty – given to class of persons for political
offenses, with the concurrence of Congress Note: In Llamas vs. Orbos, pardon is available also to
one found guilty of administrative offense. Section 19
Limitations on Pardon / Executive Clemency of Article VII did not distinguish between a criminal
1. Cannot be granted in impeachment and administrative offense.
2. Not for election offenses, unless COMELEC
recommends Effect of grant of pardon: In the case of Monsanto vs.
3. There must be final judgment Factoran, the accused was convicted of malversation
thru falsification of official documents. She was
granted absolute pardon. She demanded for 1995 (5): Lucas, a ranking member of the NDF, was
reinstatement and back salaries. The SC held that captured by policemen while aboard a passenger bus
pardon may mean forgiveness but not forgetfulness. bound for Sorsogon. Charged with rebellion he
What was remitted is the penalty and not the fact of pleaded not guilty when arraigned. He was convicted
one’s guilt. In the eyes of law, she was still a convict. by the RTC, but he appealed. While the case was on
appeal, he was granted absolute pardon by the
Exceptions: President to allow him to participate in the peace talks
1. Unless the grant expressly so provides for her between the government and communist rebels. Is
reinstatement and payment of back salaries. the pardon valid?
2. If the grant of pardon was based on the fact of the
innocence of the one charged of the crime. a) No, because since he is a political offender, he
should have been granted amnesty
1988, No. 24: Define reprieve, commutation and b) No, because he did not admit guilt before he
pardon? was pardoned
c) No, because the case is still on appeal when
REPRIEVE is a postponement of the execution of a pardon was granted
sentence to a day certain, d) Yes, because there was already a conviction
COMMUTATION is a remission of a part of the by the RTC
punishment, a substitution of less penalty for the one
originally imposed. 1999, No. 4: What are the constitutional limitations on
PARDON, on the other hand, is an act of grace, the pardoning power of the President?
proceeding from the power entrusted with the
execution of the laws which exempts the individual on 1. Cannot be granted in impeachment
whom it is bestowed from the punishment the law 2. Not for election offenses, unless COMELEC
inflicts for a crime he has committed. recommends
3. There must be final judgment
1995, No. 5: An NDF member was captured. Before
trial, he was granted pardon by the President. Is it Distinguish between pardon and amnesty. Pardon v.
valid? No! because there is no conviction by final Amnesty:
judgment.
1. Pardon is a private act which courts take no
If instead of pardon, he was granted amnesty by the judicial notice;
President upon recommendation of the National 2. Pardon can be granted only after conviction by
Amnesty Commission, is it valid? No, he can be given final judgment;
amnesty only with the concurrence of the congress 3. Pardon is generally granted individually for
(by a resolution concurring). common crimes
1993, No. 20: Must a rebel admit the charges against 2005, No. 5: When a person pardoned conditionally
him before he can avail of amnesty? Yes! That is a pre- breaks the term of his pardon, must there be a judicial
requisite. Admission can be used against you. determination before the President arrests him?
1996, No. 10. Can the President commute the Determination whether you violated terms of your
dismissal of a court employee dismissed by the pardon lies with the pardoning authority.
Supreme Court? No! Separation of powers!
1997, 15: Can there be pardon in administrative cases?
1991, No. 11; 2010, No. 17: Millanes was convicted of
an election offense. Due to the recommendation of the Governor suspended for 90 days, but reduced. Thus,
Board of Pardons and Parole, he was pardoned by the there can be executive clemency in administrative
President. Is the pardon valid? NO! It should be the cases.
COMELEC who should give favorable
recommendations.
2008, No. 8: ST, a Regional Trial Court judge who c) Yes, because no person can be deprived of
falsified his Certificate of Service was found liable by liberty without due process of law
the Supreme Court for serious misconduct and d) no, because the executive is the proper
inefficiency, and meted the penalty of suspension from authority determine violation of the terms of
office for 6 months. Subsequently, ST filed a petition the pardon
for executive clemency with the Office of the President.
The Executive Secretary, acting on said petition issued 2011, No. 66. The system of checks and balances
a resolution granting ST executive clemency. Is the operates when:
grant of executive clemency valid?
a) the President nullifies a conviction in a
a) yes, because there is nothing in the criminal case by pardoning the offender.
Constitution that prohibits the President from b) Congress increases the budget proposal of the
pardoning judges President.
b) yes, because the act of the President is c) The President does not release the
covered by the Doctrine of Qualified Political countryside development funds to members
Agency of Congress.
c) no, because pardon does not apply to d) Congress expands the appellate jurisdiction of
administrative cases the Supreme Court, as defined by the
d) no, because the pardon violates the Constitution.
separation of powers doctrine
2011, No. 58. Following COMELEC Chairman Bocay's
1999, No. 4: A, a City Treasurer was convicted of conviction for acts of corruption in the impeachment
Estafa through falsification of public document. While proceedings, he was indicted for plunder before the
serving sentence, he was granted absolute pardon by Sandiganbayan and found guilty, as charged. Can he
the President. Which statement is correct? get Presidential pardon on the plunder case?
a) A is automatically reinstated to his position a) No, plunder is not a pardonable offense.

b) A must reapply for the position if he wants the b) No, conviction in a criminal case for the same
job acts charged in the impeachment proceedings
c) A is disqualified to hold any public office is not pardonable.
d) A is entitled to back wages during the period c) Yes, convictions in two different fora for the
of his detention same acts, are too harsh that they are not
beyond the reach of the President’s pardoning
2005, No. 5: Bruno still had several years to serve on power.
his sentence when he was conditionally pardoned by d) Yes, conviction in court in a criminal action is
the President. Among the conditions imposed was subject to the President's pardoning power.
that he would not commit another offense. Bruno
accepted all of the conditions. Shortly thereafter, Section 20. The President may contract or guarantee
Bruno was charged with estafa. He was incarcerated foreign loans on behalf of the Republic with the prior
to serve the unexpired portion of his sentence concurrence of the monetary board, and subject to
following the revocation of the pardon by the such restrictions as may be provided by law.
president. Claiming that the estafa charge was false,
Bruno filed a petition for habeas corpus. As Judge, will Requisites:
you release him? 1. Concurrence of the Monetary Board
2. Subject to limitations by law; Hence, the power of
a) yes, because there was no conviction for the president to contract loan is not self-
estafa which would prove that he violated the executing:
terms of the pardon
b) yes, because the determination whether he Constantino v. Cuisia – Can this be delegated? Yes.
violated the terms of the pardon is a judicial Under the doctrine of qualified agency to the
question Secretary of Finance.

Does it include buy back? Yes it includes buy back Pimentel vs. Secretary: the Philippines participate in
(restructuring of loan) the Statute of Rome for the Creation of ICC.
Representative of the Philippines signed the same
Section 21: No treaty or international agreement Statute. But the president did not sign it and
shall be valid and effective unless concurred in by at submitted the same to the Senate. Pimentel sought to
least two-thirds (2/3) of the members of the Senate. compel the president to submit the same for
(transformation) ratification. Can the president be compelled to submit
the treaty to the senate? Held: SC said it cannot be
No treaty or international agreement shall be valid done. The president is the SOLE ORGAN OF FOREIGN
and effective unless concurred in by at least 2/3 of all RELATIONS. He cannot be compelled as it is POLITICAL
the members of the Senate. In our jurisdiction, the question.
power to ratify is vested in the President and not, as
commonly believed, in the legislature. The role of the Do all treaties and international executive agreement
Senate is limited only to giving or withholding its require Senate concurrence?
consent, or concurrence, to the ratification. (Bayan vs. 1. Treaties - all require the concurrence of the
Zamora, G.R. No. 138570, October 10, 2000) Senate
2. Executive Agreements – it must be distinguished
This provision lays down the general rule on treaties a) original agreements, establish national policy,
or international agreements and applies to any form permanent in nature – yes
of treaty with a wide variety of subject matter. All b) transitory/adjustment of details, – no
treaties or international agreements entered into by
the Philippines, regardless of subject matter, DOJ Opinion No. 73, S. 2009: establishment of Grand
coverage, or particular designation or appellation, Mosque in Kalangalan II, Cotabato City – no need of
requires the concurrence of the Senate to be valid and senate concurrence as the executive agreement on
effective. donations with Sultan of Brunei is only transitory.
But see Section 25 of Article XVIII. Under this DOJ Opinion, No. 38, S. 2008 – import of 1.5M tons of
provision, the concurrence of the Senate is only one of rice from Vietnam, 2008-2010 – this only a one shot
the requisites to render compliance with the deal. This is not permanent in nature. Importation
constitutional requirements and to consider the agreement needs no concurrence of the senate.
agreement binding on the Philippines.
Adjustment of details – agreement on Balikatan with
Foreign Affairs Power NARDC US requires no concurrence of the senate as the same
1. Negotiate treaties is only an adjustment of details of the VFA
2. Appoint ambassadors, consuls (concurrence was had on this).
3. Receive foreign ambassadors (MORE CEREMONIAL
4. Contract guarantee loans Akbayan v. Aquino (2008) – House Committee
5. Deport aliens demanding (copies) diplomatic notes on JPEPA
(between the PH and Japanese Ambassadors) – Is it
Sole organ of foreign relations: Vinuya case – claims conclusive? It cannot be done. Diplomatic
of comfort women –”political question”] negotiations pursuant to a treaty are presumably
privileged (covered by executive privilege). That
Facts: legislative department sought to compel the applies even after the treaty has long been ratified or
president to advance and settle the claims of comfort approved. In fact, the House does not have any
women with the Japanese government. But the participation in foreign relations. Hence, it has no
president ignored the same. Can the President be standing.
compelled? Held: No! the President is the sole organ
of foreign relations. That is a political question. This British Tobacco v. Camacho (2008) – In case of a
means the court has no participation therein. conflict between a treaty and a law, which will
Congress (Senate and not house) participation is only prevail? “the latter in time rule” lex posterior derogat
limited to concurrence. priori” – If the treaty comes first and the law comes

later, the latter prevails. If otherwise, the treaty shall of Treaties, a signatory state is only obliged to refrain
prevail. from acts which would defeat the object and purpose
of a treaty; whereas a State-Party, on the other hand,
Bayan Muna v. Romulo, 641 SCRA 244 (2011) – What is legally obliged to follow all the provisions of a treaty
about executive agreements entered without the in good faith.
concurrence of Congress? The latter in time rule
applies only on executive agreements concurred by 2008, III: The President alone without the concurrence
the senate. Hence, Executive agreement without of the Senate abrogated a treaty. Assume that the
concurrence can never prevail a law in all cases. If with other country-party to the treaty is agreeable to the
concurrence, it has the force of law since senate abrogation provided I complies with the Philippine
concurred with it. Constitution. If a case involving the validity of the
treaty abrogation is brought to the Supreme Court,
Bayan Muna v. Romulo, 641 SCRA 244 (2011) – On how should it be resolved?
December 28, 2000, the Philippines, through Charge
d’Affaires Enrique A. Manalo, signed the Rome Statute The Supreme Court only provides that can enter a
which, by its terms, is “subject to ratification, treaty with concurrence with senate, it does not
acceptance or approval” by the signatory states. The provide that it cannot abrogate a treaty without the
Statute created the International Criminal Court with concurrence of the senate.
jurisdiction to try grave crimes under international
law, such as genocide, crimes against humanity, war 1994, No. 13. Under the Constitution, what is the role
crimes, and crimes of aggression. On May 13, 2003, of the Senate in the conduct of foreign affairs? To
via Exchange of Notes No. BFO-028-03, the concur treaties entered by the president by 2/3 vote
Philippines, represented by then DFA Secretary Ople,
agreed with and accepted the US proposals embodied Pimentel v. Office – Can the President be compelled to
under the US Embassy Note 0470 to put in effect the forward the signed copy of a treaty for Senate the
Non-Surrender Agreement with the US government. Senate’s consent? NO! It is covered by executive
privilege.
Among others, it provided that persons of one Party
present in the territory of the other shall not, absent 1996, No. VII. Can the House of Representatives take
the express consent of the first Party, “be surrendered active part in the conduct of foreign relations,
or transferred by any means to any international particularly in entering into treaties and international
tribunal for any purpose, unless such tribunal has agreements? No! It has not participation.
been established by the UN Security Council.”
1996, No. V. A bill creating a joint legislative-executive
(1) Does the Non-Surrender Agreement require Senate commission to give, on behalf of the Senate, its advice,
concurrence? It does not require concurrence. consent and concurrence to treaties entered into by
the President. The bill contains the guidelines to be
(2) Does the Non-Surrender Agreement violate the followed. Explain. Only the senate can concur the
obligations of the Philippines under the Statute of treaties entered by the president.
Rome? Since the statute of was not yet ratified by the
congress, it does not violate as the Philippines is only a 1994, No. XIII. The President authorized the Secretary
signatory state to the same and not state party.. It is of the DPWH to negotiate and sign a loan agreement
only required to refrain from acts which would violate with the German Government for the construction of a
or defeat the purpose of the statute. dam. The senate by a resolution asked that the
agreement be submitted to it for ratification. The
(3) Does the Non-Surrender Agreement constitute a Secretary of Foreign Affairs advised DPWH not to
violation of Philippine sovereignty? No! When a comply. Is the President bound to submit the
country signs to a treaty, it agrees to limit its agreement?
sovereignty.
a) Yes, because all treaties and international
Distinction between signatory state and state party agreements need Senate concurrence
to a treaty – Under the Vienna Convention on the Law
b) Yes, because while it is an executive regular session, as the basis of the general
agreement it is not transitory in character or a appropriations bill, a budget of expenditures and
mere adjustment of details of an existing sources of financing, including receipts from existing
treaty and proposed revenue measures.
c) No, because the loan agreement is not
covered by the treaty clause of Art. VII – only Note: The Congress may not increase the
required is recommendation of monetary appropriation recommended by the President.
board and law However, its form, content, manner of preparation of
d) No, because what is required is ratification by the budget shall be prescribed by Congress.
the people in a referendum under Art. XVIII,
Sec. 25 of the Constitution Section 23. The President shall address the Congress
at the opening of its regular session. He may also
2008, No. 2: May a treaty violate international law? If appear before it at any other time.
your answer is in the affirmative, explain when such
may happen. If your answer is in the negative, explain The President may appear anytime.
why?
Residual Power— Whatever is not judicial, whatever
A treaty while it is an international law, it may violate is not legislative, is residual power exercised by the
international law. Example: (1) international law on President.
slavery. We cannot enter into a treaty with other
countries violating the same. (2) No surrender Other Powers:
agreement with us may be a violation to Statute of 1. Power to call special session (Section 15, Article
Rome. VI)
2. Power to deport aliens
2011, No. 12. The President forged an executive 3. Consent to deputization of government personnel
agreement with Vietnam for a year supply of animal by COMELEC
feeds to the Philippines not to exceed 40,000 tons. The 4. To discipline such deputies
Association of Animal Feed Sellers of the Philippines 5. By delegation from Congress, exercise emergency
questioned the executive agreement for being contrary and tariff powers—
to R.A. 462 which prohibits the importation of animal
feeds from Asian countries. Is the challenge correct? Conditions for the exercise of the President of
Emergency Powers:
a) Yes, the executive agreement is contrary to a) It can be exercised only in times of war or
our existing domestic law. (if executive national emergency;
agreement is made without need of senate b) There must be a law authorizing the President
concurrence, or which is transitory, “the latter to exercise emergency powers;
in time rule” does not apply. Hence, laws c) It must be for a limited period;
prevail over the agreement; contrary to RA d) It must be subject to restrictions which
462) Congress may provide; and
b) No, the President is the sole organ of the e) It must be necessary and proper to carry out a
government in external relations and all his declared national policy.
actions as such form part of the law of the
land. 6. Power to Reorganize the Office of the President —
c) No, international agreements are sui generis under EO 292, the Administrative Code of 1987
which must stand independently of our
domestic laws. The law grants the President continuing authority to
d) Yes, the executive agreement is actually a reorganize the Office of the President in recognition of
treaty which does not take effect without the recurring need of every President to reorganize his
ratification by the Senate. office “to achieve simplicity, economy and efficiency”.
The Office of the President is the nerve center of the
Section 22. The President shall submit to the Executive Branch. To remain effective and efficient,
Congress within thirty days from the opening of every the Office must be capable of being shaped and
reshaped by the President in the manner he deems fit 2. To determine whether or not there has been a
to carry out his directives and policies. grave abuse of discretion amounting to lack or
excess of jurisdiction (GADALEJ) on the part of any
Impoundment Power — Impoundment refers to the branch or instrumentality of the Government.
refusal of the President, for whatever reason, to (EXPANDED POWER)
spend funds made available by Congress. It is the
failure to spend or obligate budget authority of any Jurisdiction: The power to hear and decide cases.
type.
1989, No. 10. Where is judicial power vested? What
Proponents of impoundment have invoked at least are included in judicial power? Section 1
three (3) principal sources of the authority of the
President. 1994, No. 2: What is the difference if any between the
1. authority to impound given to him either scope of judicial power under the 1987 Constitution,
expressly or impliedly by Congress on the one hand; and the 1935 and 1973 Constitution,
2. the executive power drawn from the President’s on the other? Determination of grave abuse of
role as Commander-in-Chief discretion on the acts of different department; hence,
3. Faithful Execution Clause even political question may be judicially determined if
grave abuse of discretion exists.
The proponents insist that a faithful execution of the
laws requires that the President desist from 1997, No. 5: To what extent has the 1987 Constitution
implementing the law if doing so would prejudice affected the political question doctrine? Political
public interest. An example given is when through question may be judicially determined if grave abuse
efficient and prudent management of a project, of discretion exists. Decisions of other departments
substantial savings are made. In such a case, it is sheer can be reversed by the SC if grave abuse of discretion
folly to expect the President to spend the entire is established.
amount budgeted in the law. (PHILCONSA vs.
Enriquez, 235 SCRA 506) Two types of jurisdiction:
1. Ordinary jurisdiction (first part – to settle actual
Article VIII. JUDICIAL DEPARTMENT controversies involving rights)
2. Extraordinary jurisdiction (2nd part – to determine
Concept of Judicial Power – It is the power to hear whether there is grave abuse of discretion)
and decide cases pending between parties who have
the right to sue in courts of law and equity. Corollary Two types of questions:
to this dictum is the principle of locus standi of a 1. Justiciable questions – a given right, legally
litigant. He who is directly affected and whose interest demandable and enforceable, an act or omission
is immediate and substantial has the standing to sue. violative of such right, and a remedy granted by
Thus, a party must show a personal stake in the law for said breach of right; can be resolved by
outcome of the case or an injury to himself that can applying the statutes or the Constitution - it
be redressed by a favorable decision in order to involves legality or is it constitutional / does it
warrant an invocation of the court’s jurisdiction and violate a law
justify the exercise of judicial power on his behalf. 2. Political question – does not call for the
application of any law – to determine the
Section 1. The judicial power shall be vested in one “wisdom” of an act. Policy determination, not
Supreme Court and in such lower courts as may be legality – whether it is good or bad; Political
established by law. questions are questions of policy. They involve the
wisdom of an act or the efficacy or the necessity
Judicial power includes: of a particular measure. These are questions
1. The duty of the courts of justice to settle actual which are better left for the political branches of
controversies involving rights which are legally the government to determine or resolve.
demandable and enforceable (TRADITIONAL
CONCEPT OF JUDICIAL POWER); and General Rule: Court has no business in policy
determination
Ramadan. Held: It is a political question! SC cannot
Political Question: decide whether it is timely or not
1. Those to be decided, under the Constitution, by
the people in their sovereign capacity – changing How to remove from scope of political question:
of form of government – court cannot take 1. Estrada v. Desierto – “whether succession was
cognizance.; ex. Recall of an elective official lawful”
2. Those where full discretionary authority has been 2. Tatad case – “Whether it violates monopoly in
delegated to the political department (executive restraint of trade”
or legislative)– ex. Pardon of Estrada by GMA; it
cannot be questioned as it is a political question Which question, as framed, is a political question?
which is within the full discretion of the president
a) Whether the President committed grave
Exception: Declaration of martial law inthe Philippines. abuse of discretion in ratifying the WTO?
Anybody can question the factual basis of the b) Whether the signing of the WTO which allows
declaration as provided in the constitution. Hence, SC unrestricted flow of foreign goods would
can determine the factual basis. violate the Filipino First Policy?
c) Whether the WTO which compels Congress to
Which ones is a justiciable question: enact laws implementing its terms constitutes
1. Whether the imposition of the Value Added Tax an intrusion into the plenary power of
(VAT) is necessary for the recovery of the national Congress?
economy? POLITICAL QUESTION d) Whether the removal of the tariff barriers as a
2. Whether taxpayers can afford a new round of tax consequence of ratifying WTO would
increases under the VAT law? POLITICAL eventually benefit the Philippine economy?
QUESTION “WISDOM – BENEFICIAL”
3. Whether the VAT law is consistent with the
concept of uniform, progressive and equitable This is how you remove the same from political
system of taxation? JUSTICIABLE QUESTION question!
4. Whether it is proper for Congress to impose VAT 1. Must alleged specific constitutional provision
at a time when the economy is taking a downward violated; or
slide? POLITICAL QUESTION 2. Must allege grave abuse of discretion
But: Perez v. Lacson, David v. Macapagal
Political Questions: ”Wisdom”
Test of whether there is grave abuse of discretion: Is
Association v. Secretary – Congress passed Land the President correct? Did she act arbitrarily? “Test of
Reform Law; In said law, the order was made: 1. Arbitrariness” – Did she abuse gravely?
private lands; 2. public lands; as an order to the
subject of Carp. Held: you cannot question the order The national artist award to Carlo J. Caparas by GMA
as it is within the authority of the congress to They questioned the conferment to Carlo J. Caparas
determine as to what should be placed in the order. and Alvarez who happened also to be a member of
Political question. Leave it to congress! cultural board of the Philippines (not allowed by law
to be conferred. Held: SC held thatAlvarez’s
Garcia v. Executive – ”too early”; somebody conferment is void as it is violative to law but upheld
questioned the oil deregulation law on the ground the conferment to Caparas as there is no basis to
that it is too early to deregulate the same. Held: it is a determine as to who is an artist.It is within the
political question. Determination of whether or not it president to determine the same.
is too early cannot be determined by the SC, by law or
in the constitution. Also: The judgment of conviction of Corona by the
impeachment court cannot be reviewed by the court,
DENR v. DENR – timeliness: refers to the transfer of unless there is grave abuse of discretion.
political offices/regional offices. It was impugned on
the ground of timeliness because it was made during Recall – a mode of removing a local official from his
post even before his term ends due to lack of
confidence. It is a political question which cannot be IBP vs. ZAMORA (2000) – The SC said that when the
intruded by the courts. President calls out the armed forces to suppress
lawless violence, rebellion or invasion, he necessarily
Ybardone vs. COMELEC – lack of confidence is to be exercises a discretionary power solely vested in his
decided by the people thru a special recall election wisdom. The Court cannot overrule the President's
discretion or substitute its own. The only criterion is
Lawyer's League vs. Aquino — Petitioner questioned that "whenever it becomes necessary", the President
the legality of the Aquino Government. The SC may call out the armed forces. In the exercise of the
dismissed the petition that it has gone outside the power, on-the-spot decisions may be necessary in
ambit of judicial review - the mere presence of the emergency situations to avert great loss of human
people, without inquiring to their motive in going to lives and mass destruction of property. Indeed, the
EDSA, caused Marcos to fly to Hawaii. decision to call out the armed forces must be done
swiftly and decisively if it were to have any effect at
Estrada vs. Desierto (2001) – The Petition questioned all.
the legitimacy of the assumption of office by then Vice
President GMA. Lawyer's League case was cited by Section 2. The Congress shall have the power to
respondents; that the case presented a political define, prescribe and apportion the jurisdiction of
question, hence not subject to judicial review. SC held various courts, but may not deprive the Supreme
that the case of Lawyer's League is inapplicable; the Court of its jurisdiction over cases enumerated in Sec.
government of former President Aquino was the 5 hereof.
result of a successful revolution by the sovereign
people, albeit a peaceful one. No less than the No law shall be passed reorganizing the Judiciary
Freedom Constitution declared that the Aquino when it undermines the security of tenure of its
government was installed through a direct exercise of Members.
the power of the Filipino people "in defiance of the
provisions of the 1973 Constitution, as amended." It is Constitutional Safeguards that guarantee
familiar learning that the legitimacy of a government independence of Judiciary:
sired by a successful revolution by people power is 1. The Supreme Court is a constitutional body and
beyond judicial scrutiny for that government may not be abolished by law;
automatically orbits out of the constitutional loop. In 2. The members of the SC are removable only by
checkered contrast, the government of respondent impeachment;
Arroyo is not revolutionary in character. The oath that 3. The SC may not be deprived of minimum original
she took at the EDSA Shrine is the oath under 1987 and appellate jurisdiction; appellate jurisdiction
Constitution. In her oath, she categorically swore to may not be increased without its advice and
preserve and defend the 1987 Constitution. Indeed, concurrence;
she has stressed that she is discharging the powers of 4. The SC has administrative supervision over all
the presidency under the authority of the 1987 inferior courts and personnel;
Constitution. 5. The SC has the exclusive power to discipline
judges/justices of inferior courts;
The case at bar poses legal and not political questions. 6. The members of the Judiciary have security of
The principal issues for resolution require the proper tenure;
interpretation of certain provisions in the 1987 7. The members of the SC may not be designated to
Constitution, notably Sec. 1 of Article II and Sec. 8 of any agency, performing quasi-judicial or
Article VI, and the allocation of governmental powers administrative functions;
under Section 11 of Article VII. The issues likewise call 8. Salaries of judges may not be reduced; the
for a ruling on the scope of presidential immunity Judiciary enjoys fiscal autonomy;
from suit. They also involve the correct calibration of 9. The SC alone may initiate Rules of Court;
the right of petitioner against prejudicial publicity. 10. The SC alone may order temporary detail of
Thus, respondent's invocation of the doctrine of judges;
political question is but a foray in the dark. 11. The SC can appoint all officials and employees of
the Judiciary.

1992, 7: Mantrust Case – APT: Congress is considering independence and flexibility needed in the discharge
new measures to encourage foreign corporations to of their constitutional duties. The imposition of
bring investments to the Philippines. Congress has restrictions and constraints on the manner the
found that foreign investors are deterred by the independent constitutional offices allocate and utilize
uncertain investment climate partly brought about by the funds appropriated for their operations is
judicial intervention. Thus, it passed a law saying: “No anathema to fiscal autonomy and violative not only of
court or administrative agency shall issue any the express mandate of the Constitution but especially
restraining order or injunction against the Central as regards the SC, of the independence and separation
Bank.” Is the law constitutional? of powers upon which the entire fabric of our
constitutional system is based. (Bengzon vs. Drilon,
Yes it is constitutional. Injunction and restraining 208 SCRA 133, April 15, 1992)
orders are not among of those listed in Sec. 5.
Note: The 3 constitutional commissions have same
Original jurisdiction of SC: fiscal autonomy. Fiscal autonomy of CHR is different
1. Cases affecting ambassadors, public ministers and from that those 3 commissions and judiciary.
consuls
2. Petitions for certiorari, prohibition, mandamus, 1999, 11: What do you understand by the mandate of
quo warranto and habeas corpus – injunction is the Constitution that the Judiciary shall enjoy fiscal
not included autonomy?
Justice Abad’s Sample: The jurisdiction of courts is Meaning of Fiscal Autonomy: “Automatic release of
determined by: appropriation”
1. Congress: Sec. 2. The Congress shall have the
power to define, prescribe and apportion the Also: Power to: (Bengzon v. Drilon)
jurisdiction of various courts, but may not deprive 1. Allocate resources
the Supreme Court of its jurisdiction over cases 2. Charge fees
enumerated in Sec. 5 hereof. 3. Determine compensation
2. the Supreme Court 4. Disburse funds
3. the Judicial and Bar Council 5. CSC v. Dept: Even if there is revenue shortfall,
4. the Court Administrator funds must be immediately released
6. In re: Clarifying – DBM has no authority to
2011, No. 84. A judge of the Regional Trial Court downgrade positions / salary compensation
derives his powers and duties from: (determine compensation)
7. In Re: GSIS – GSIS and NAPOCOR (whose charter
a) Statute. (Sec. 2. The Congress shall have the provide their exemption from filing fees) are not
power to define, prescribe and apportion the exempted from paying filing fees in court as it
jurisdiction of various courts, but may not violates fiscal autonomy of the judiciary. Hence, its
deprive the Supreme Court of its jurisdiction charter provision is unconstitutional, and violates
over cases enumerated in Sec. 5 hereof.) the fiscal autonomy of the Judiciary (the power to
b) the President, the appointing power. charge fees)
c) Supreme Court issuances.
d) the rules of court. 2001, No. 1: Name at least three Constitutional
safeguards to maintain judicial independence.
Section 3. The judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced 1. Security of tenure of judges
by the legislature below the amount appropriated for 2. Fiscal autonomy
the previous year and after approval, shall be
automatically and regularly released. Section 4. (1) The Supreme Court shall be composed
of a Chief Justice and fourteen Associate Justices. It
Fiscal Autonomy — means freedom from outside may sit en banc or in its discretion, in division of
control. The Judiciary, the Constitutional three, five, or seven Members. Any vacancy shall be
Commissions, and the Ombudsman must have the filled within ninety days from the occurrence thereof.
constitutionality? Yes! APPOINTMENT is not among
Composition: Chief Justice and 14 Associates Justices those provided in the constitution. It can be decided
by the SC division.
May sit:
1. En Banc; or 2. Constitutionality, application or operation of
2. In its discretion, in divisions of 3, 5, or 7 members presidential decrees, proclamations or orders,
instructions, ordinances and regulations
Sec. 4 (1) – vacancy shall be filled within 90 days from
vacancy (OCCURRENCE) 3. Cases or matters heard by a division when the
Sec. 5 – Lower courts – 90 days from submission of the required majority in a division is not
list by the JBC. (Please take note of the difference) obtained; when decision is 2-2- no majority
Villanueva and Villarama – General v. Specific Note: there are 4 members voting for 3 to 1 resolving
Castro v. JBC – Intent is to exclude the Supreme Court the case in favor of A. Upon motion for
1. it does not say it is covered reconsideration, the same division voted 2-2. Does it
2. arrangement of Articles have to be decided by the en banc? Held: NO need to
3. Regalado view refer to en banc. Reference to en banc is proper only
4. “any vacancy shall be filled” when the case decided originally by the division is 2-2,
meaning there was really no majority when the
(2) All cases involving the constitutionality of a division decided. It does not apply when a division
treaty, international or executive agreement, or law, originally voted with majority (3-1) and got a tie upon
which shall be heard by the Supreme Court en banc, voting on the MR because in that case, the original
and all other cases which under the Rules of Court vote of majority (3-1) will be reinstated and
are required to be heard en banc, including those considered as the decision.
involving the constitutionality, application, or
operation of presidential decrees, proclamations, 4. Cases where the Supreme Court modifies or
orders, instructions, ordinances, and other reverses a doctrine laid en banc or by a division;
regulations, shall be decided with the concurrence of 5. Administrative cases where the vote is for the
a majority of the Members who actually took part in dismissal of a judge or otherwise to discipline him
the deliberations on the issues in the case and voted 6. Election contest for President or Vice Pres
thereon.
(3) Cases or matters heard by a division shall be Fortich v. Corona – 3-1 / Recon: 2-2
decided or resolved with the concurrence of a League of cities – 5/6 / Recon: 6/6 – 2nd MR
majority of the Members who actually took part in
the deliberations on the issues in the case and voted 1996, No. VII. Can five members of the Supreme Court
thereon, and in no case without the concurrence of at declare a municipal ordinance unconstitutional?
least three of such Members. When the required
number is not obtained, the case shall be decided en Yes! 15 justices, 8 constitute majority = so 5 can
banc: Provided, that no doctrine or principle of law declare municipal ordinance unconstitutional
laid down by the court in a decision rendered en banc
or in division may be modified or reversed except by 1999, 11 (b): What does it mean when a Supreme
the court sitting en banc. Court justice concurs in a decision pro hac vice?
Cases to be decided en banc: When a decision is pro hac vice, it means the ruling
1. Constitutionality of a treaty, international or will apply to this particular case only.
executive agreement or law
What is the minimum number of justices that can
Elma v. Public Interest – Has reference to declare a law unconstitutional?
appointment of Elma as PCGG Chairman and at the
same time as legal adviser. The SC division declared it a) 15
as constitutional. Can the SC division declare its b) 10
c) 8 e. All cases in which only an error or question of
d) 5 law is involved.
In which instance does the Constitution directly 3. Assign temporarily judges of lower courts to
provide that the Supreme Court must decide the case other stations as public interest may require.
en banc? Such temporary assignment shall not exceed six
months without the consent of the judge
a) cases involving ambassadors, other public concerned.
ministers and consuls
b) cases challenging the constitutionality of an 4. Order a change of venue or place of trial to avoid
appointment made by the President (ELMA a miscarriage of justice.
CASE)
c) cases involving the constitutionality of an 5. Promulgate rules concerning the protection and
implementing rules and regulations issued by enforcement of constitutional rights, pleading,
the Secretary practice, and procedure in all courts, the
d) criminal cases involving the imposition of the admission to the practice of law, the integrated
death penalty- bar, and legal assistance to the under-privileged.
Such rules shall provide a simplified and
Note: “all other cases which under the Rules of Court inexpensive procedure for the speedy disposition
are required to be heard en banc” (e.g. disbarment, of cases, shall be uniform for all courts of the
admin cases, dismissal of judges – based on Rules of same grade, and shall not diminish, increase, or
Court) modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall
Section 5. The Supreme Court shall have the remain effective unless disapproved by the
following powers: Supreme Court.
1. Exercise original jurisdiction over cases affecting 6. Appoint all officials and employees of the
ambassadors, other public ministers and consuls, Judiciary in accordance with the Civil Service Law.
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. Powers of the Supreme Court:
2. Review, revise, reverse, modify, or affirm on 1. Judicial Power

appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of A. Original jurisdiction
lower courts in: a. Cases affecting ambassadors, public ministers
and consuls
a. All cases in which the constitutionality or b. Petitions for certiorari, prohibition,
validity of any treaty, international or mandamus, quo warranto and habeas
executive agreement, law, presidential corpus,(these are concurrent with RTC,
decree, proclamation, order, instruction, CA);Writ Of Habeas Data, Writ Of Amparo
ordinance, or regulation is in question. (concurrent with Sandiganbayan)
b. All cases involving the legality of any tax, Certiorari Jurisdiction of the SC — limited to decisions
impost, assessment, or toll, or any penalty rendered in actions or proceedings taken cognizance
imposed in relation thereto. of by the Commissions in the exercise of their
adjudicatory or quasi-judicial functions. It does not
c. All cases in which the jurisdiction of any refer to purely executive powers. Hence, questions
lower court is in issue. arising from the award of a contract for construction
of voting booths can be brought before the trial court.
d. All criminal cases in which the penalty (Ambil vs. COMELEC, G.R. No. 143398)
imposed is reclusion perpetua or higher.

c. Review of factual basis for the declaration of
martial law or suspension of the privilege of Can the Court of Tax Appeals? British Tobacco (2008) –
writ of habeas corpus. No. CTA cannot declare a law unconstitutional.
Gerochi v. Department of Energy, 527 SCRA 696 Can the Ombudsman? Estarija vs. OMB (2006) – No! It
(2007) – injunction – a petition for injunction was filed has no power to declare a law unconstitutional.
in the SC. Held: Not included within the SC’s original
jurisdiction. Hence, SC is without jurisdiction. Can the COA declare a law unconstitutional? Parreno
v. COA (2007) – No! The COA has no power.
B. Appellate Jurisdiction – final judgments and orders
in: Note: Only regular courts can declare a law
a. All cases in which constitutionality or validity unconstitutional; Sandiganbayan – not yet clear
of any treaty international or executive
agreement, law, presidential decree, 2004, 10: In case there is an irreconcilable conflict
proclamation, order, instruction, ordinance, or between a provision of the treaty and a provision of
regulation is in question; the Constitution, in a jurisdiction and legal system like
b. All cases involving the legality of any tax ours, which should prevail: the provision of the treaty
impost, assessment, or toll, or any penalty or of the Constitution. Why? Explain with reasons.
imposed in relation thereto;
c. All cases in which the jurisdiction of any lower It is the constitution! The Supreme Court can declare a
courts is in issue; treaty or executive agreement unconstitutional.
d. All criminal cases in which the penalty
imposed is reclusion perpetua or higher; 2. Administrative Powers
[Esparas];under Mateo case – decision of RTC a. Temporary assignment of judges[not more
shall be appealed first to CA before to the SC. than six months without his consent]
Emphasis on the Constitution is that the SC b. Change of venue
cannot be deprived of its appellate jurisdiction c. Promulgate rules of court [Cases/questions]
in cases involving death penalty. d. Appoint its officials (MANIFESTATION OF
e. Error or question of law is involved – mixed JUDICIAL INDEPENDENCE)
question of fact and law has to be resolved e. Administrative supervision of courts and
and appealed by the CA personnel
C. Electoral Tribunal for Presidential and Vice- D. Temporary assignment of judges of lower courts
Presidential Contests, over all contests relating to to other stations as public interest may require.
the election, return and qualification of the Not to exceed 6 months without the consent of
President or Vice- President. the judge concerned.
Over which does the Supreme Court exercise exclusive E. Order change of venue or place of trial, to avoid
original jurisdiction? miscarriage of justice
a) a petition for issuance of a writ of habeas F. Rule-making power — promulgates rules

corpus - RTC AND CA concerning:
b) a case involving an ambassador, other public a) Protection and enforcement of constitutional
minister or consul - RTC AND CA rights;
c) a suit to challenge the factual basis for the b) Pleading, practice, and procedure in all courts;
declaration of martial law c) Admissions to the practice of law;
d) an action to declare a treaty or law d) IBP; and
unconstitutional - only appellate jurisdiction e) Legal assistance to the underprivileged.
of the court
Limitations on rule-making power:
Can the RTC declare a law unconstitutional? Planters a) Provide a simplified and inexpensive procedure
v. Fertiphil (2008) – Yes. This is the usual procedure. for speedy disposition of cases;
b) Uniform for all courts of the same grade; 1987, No. 9: The Philippines entered into a Treaty of
c) Shall not diminish, increase or modify substantive Friendship with Indonesia providing that the nationals
rights. of each contracting State admitted to the practice of
law in said State, to practice law without taking the
In Re: Request for Creation of a Special Division, A.M. bar examinations in the other contracting State. Held:
No. 02-1-09-SC, January 21, 2002, it was held that it is SC said the practice of law may be provided by law.
within the competence of the Supreme Court, in the Art. XII, Sec. 14 provides that the practice of all
exercise of its power to promulgate rules governing professions in the Philippines shall be limited to
the enforcement and protection of constitutional Filipino citizens, save in cases prescribed by law. Here
rights and rules governing pleading, practice and the treaty has the force of law.
procedure in all courts, to create a Special Division in
the Sandiganbayan which will hear and decide the In re:Garcia:Can an Executive Agreement amend the
plunder case against former President Estrada. Rules of Court?Pres. Macapagal entered an executive
agreement (at that time, executive agreement
Echegaray vs. Secretary of Justice, G.R. No. 132601, requires no senate concurrence) with Spain. In such
January 19, 1999, Congress cannot amend the Rules of agreement, Filipino citizens can practice law in Spain
Court. The SC declared that the Constitution took provided he passes the bar in PH and vice versa with
away the power of Congress to repeal, alter, or Spaniards. Is the agreement valid? Held: No! The
supplement rules concerning pleading, practice and president cannot do that because by means of
procedure. In fine, the power to promulgate rules of executive agreement, he is intruding the power of the
pleading, practice and procedure is no longer shared Supreme Court to promulgate rules of court.
by the Court with Congress, more so with the Noteworthy is the principle that the latter in rule does
Executive. not apply to executive agreements without senate
concurrence. Said principle applies only in treaties and
G. Power of Appointment — SC appoints all officials executive agreements ratified by the senate. Hence,
and employees of the Judiciary in accordance with rules of court prevail over the executive agreement
Civil Service law. entered into.
H. Power of Administrative Supervision — SC shall
have administrative supervision over all courts Can Congress amend the Rules of Court? No!
and personnel thereof.
Note the following cases:
Administrative proceedings before the SC are 1. Webb v. De Leon-
confidential in nature in order to protect the 2. Echegaray v. Secretary
respondent therein who may turn out to be innocent 3. In re petition of GSIS (2010)- DOCKET FEE
of the charges; it can take years to build a reputation
and only a single accusation, although unfounded, to 2009, No 1: True or False: A law fixing the passing
destroy it. (Godinez vs. Alano, A.M. RTJ-98-1409, grade in the Bar examinations at 70% with no grade
February 18, 1999) lower than 40% in any subject, is constitutional.
I. Yearly Report — Within 30 days from the opening No! Congress cannot amend the Rules of Court. It
of each regular session of Congress, SC shall belongs to the judiciary.
submit to the President and Congress an annual
report on the operation and activities of the 2008, No. 13: Congress enacted a law establishing the
Judiciary. (Section 16, Art. VIII) right to a trial by jury of an accused charged with a
felony or offense punishable with reclusion perpetual
Can a treaty amend the Rules of Court? Yes. Tanada v. or life imprisonment. The law provides for the
Angara – “when we entered treaties, we limit our qualifications of prospective jury members, the
sovereignty”; SC allowed the same though entering guidelines to be observed by the judge and the
with WTO would result to amending Rules of Court as lawyers in jury selection including the grounds for
the same are small matters. challenging the selection of jury members, and the
methodology for jury deliberations. Is the law
constitutional?
lis mota (ACTUAL CASE OR CONTROVERSY) of the case,
a) Yes, because Congress has plenary powers give at least two other requirements before the court
and it can pass any law including one will exercise judicial power.
mandating jury trial
b) Yes, because the law constitutes a mere According to Macasiano vs. NHA, 224 SCRA 236, in
amendment to the rules of court on the addition to the requirement that the constitutional
conduct of trials question raised be the lis mota of the case, the
c) Yes, because the adoption of the jury system following requisites must be present for the exercise
necessarily entails appropriation of funds of the power of judicial review:
which only Congress is authorized to perform 1. There must be an actual case or controversy
d) No, because the subject of the law pertains to involving a conflict of legal rights susceptible of
pleading, practice and procedure in all courts judicial determination – there must be a genuine
which is the exclusive domain of the Supreme dispute between parties before court can come in
Court 2. The constitutional question must be raised by the
proper party; and
Power of Judicial Review – The Supreme Court’s 3. The constitutional question must be raised at the
power to declare a treaty, international or executive earliest opportunity.
agreement, law, presidential decree, proclamation,
order, instruction, ordinance or regulation 1. Actual case or controversy
unconstitutional.
Must be definite, concrete, bearing upon the legal
It is the power of courts to test validity of executive relations of parties who are pitted against each other
and legislative acts if the same are in accordance with due to their adverse legal interests; susceptible of
the Constitution. It is an expression of supremacy of judicial determination.
Constitution. This is to ensure that the other
departments of the government are acting within the General Rule: Philippine courts may not render
boundaries of the Constitution. advisory opinion. There must always be an actual case
or controversy.
Requisites – for judicial inquiry
1. Actual case or controversy Exception: Int'l Court of Justice – principal judicial
2. Question raised by the proper party (standing) organ of the United Nations – ICJ may render advisory
3. Earliest opportunity opinions. Its 2 main functions are: (a) to decide
4. Necessity for the determination of the case itself. contentious cases; and (b) to render advisory opinions
upon request of the General Assembly, or the Security
Three (3) Important Functions of Judicial Review Council, or the other organs of the UN when
1. Checking authorized by the General Assembly.
2. Legitimating
Rule on Double Negative — uses the term “not Liban v. Gordon, Jan. 18, 2011 – In its original decision
unconstitutional”; the court cannot declare a law in Liban v. Gordon, 593 SCRA 68 (2009), the Court
constitutional because it already enjoys a presumption declared void the PNRC Charter “insofar as it creates
of constitutionality the PNRC as a private corporation” and consequently
ruled that “the PNRC should incorporate under the
3. Symbolic - educating the bar and bench and the Corporation Code and register with the SEC if it wants
people on the extent of protection given by the to be a private corporation,” even as it ruled that
constitutional guarantees Liban was without standing to file the petition. The
issue brought before the Court, however, was
Proclamation No. 1021 was issued lifting PP 1017 – it whether Senator Gordon may hold the position of
becomes moot and academic but SC did not agree as Chairman of the Board of PNRC without forfeiting his
the case is capable of repetition. seat in the Senate in accordance with Sec. 13, Art. VI.
Was the decision correct?
1994, No. 2. Assume that the constitutional question
raised in the petition before the Supreme Court is the
Romualdez v. COMELEC: Sec. 45, RA 9189: The b. Eligibility of Estrada – Pormento v Estrada, 629
following shall be considered election offenses: (1) SCRA 530 (2010)
Violations of any of the provisions of this act.
Can he run for another term? The SC held that it is
Constitutional: “void for vagueness”; “facial moot and academic because Estrada lost already in
invalidation” the election.
Southern Hemisphere v. Anti-Terrorism Council, 632 2011, 34. Courts may dismiss a case on ground of
SCRA 5 (2010) – How is a “facial” challenge different mootness when:
from an “as-applied” challenge? May a criminal
statute be subject to a “facial” challenge? a) the case is premature.
b) petitioner lacks legal standing.
Distinguished from an as-applied challenge which c) the questioned law has been repealed.
considers only extant facts affecting real litigants, a d) the issue of validity of law was not timely
facial invalidation is an examination of the entire law, raised.
pinpointing its flaws and defects, not only on the basis
of its actual operation to the parties, but also on the Exceptions: (David/GRP cases)
assumption or prediction that its very existence may a. there is a grave violation of the Constitution
cause others not before the court to refrain from b. the exceptional character of the situation and the
constitutionally protected speech or activities. A paramount public interest involved
litigant cannot mount a facial challenge against a c. the issue raised requires formulation of
criminal statute on either vagueness or overbreadth controlling principles to guide the bench, the bar
grounds. The allowance of a facial challenge in free and the public
speech cases is justified by the aim to avert the d. the case is capable of repetition yet evading
“chilling effect” on protected speech, the exercise of review. It presupposes that:
which should not at all times be abridged. This 1) The life of the controversy is too short to be
rationale is inapplicable to plain penal statutes that fully litigated prior to its termination, and
generally bear an “in terrorem effect” in deterring 2) That there is a reasonable expectation that
socially harmful conduct. the plaintiff will again be subjected to the
same problem
Note: While it is true that statute may be challenged
for being vague (facial), such applies only if the statute MOA Ad about to be signed in Singapore, but later the
involves freedom of speech. But penal statute cannot government withdrew. Held: While it is already moot
be subject to facial invalidation! and academic, court decided the validity of MOA Ad.
Moot and Academic 2011, 25. Courts may still decide cases that have
otherwise become academic when they involve
General Rule: Court will have to dismiss the case.
There is no more actual case to be resolved. a) the basic interest of people.
b) petitions for habeas corpus.
a. Qualifications of Guingona and Davide [Paguia v. c) acts of the Chief Executive.
Office, 621 SCRA 600 (2010)] d) Presidential election protests.
Davide– he was appointed as ambassador to China. 2. Locus Standi(Legal standing)– The person filing
His appointment was challenged for violation of law the suit must have personal and substantial interest,
prohibiting persons over 70 years old who recently will sustain or has sustained a direct injury as the
retired from being appointed in any government consequence of enforcement of the act he is
position. Before the case was decided, Davide challenging-direct injury test.
resigned and Joined Liberal Party. The SC held that it
was moot and academic. Example: there is vacancy in the House of
Representatives. An ordinary citizen cannot compel

the COMELEC to conduct the election because he does Namba v. Lara, 608 SCRA 149 (2009)– contract
not have the specific interest. So no locos standi. entered into by the provincial government; Held:
anybody has standing as taxpayer because once a
IBP Challenge the deployment of Marines in the malls government entered into contract, it involves
on the standing that it filed for the advancement of disbursement of government funds to comply the
the rule of law and enhancement of legal profession. contract.
Does it have locus standi? Held: Advancement of rule
of law is shared by everybody. That is not a personal PCGG case – involves the issue on the sharing of ill-
interest. It is a General interest. Thus, no locus standi. gottenwealth of PCGG and the heirs of Marcos; Held:
Moreover, enhancement of legal profession has It is allowed because ill-gotten wealth belongs to the
nothing to do with the deployment of the marines. tax payer. Hence, Chavez was allowed to question the
same as TAXPAYER
a) Any citizen – (can have locus standing in the
following instances) d) Legislator – act of other departments which
1) martial law/habeas corpus infringes on his prerogative as legislator
2) public rights – Chavez v. PCGG – petition
demanding information on matters involving Biraogo v. Truth Commission – Creation of Truth
public concern. Held: anybody can file and Commission; he has standing as legislator on the
have locus standi as representative of the reason the creation of office belongs to the congress.
other citizens
3) question of transcendental importance; Ople case – Admin order of ID system. Ople had
Tatad/Oil Deregulation/Bayan Muna – VFA: standing as legislator
the issue is very important to the country that
everybody can have locus standi to question e) Environmental law cases –Oposa v. Factoran- in
the same based on the fact that they are environmental cases, everyone has standing,
citizens Including children and future generations.
b) Voters – validity of election laws; affecting right as 1995: What are the requisites for a tax-payer’s suit to
voter (only if it affects your right as a voter in prosper?
election law)
Exception: affects rights of candidates For a taxpayer's suit to prosper, four requisites must
be considered:
TELEBAP case –There is a law prohibiting the a. the question must be raised by the proper party;
advertisement of candidates. They questioned the b. there must be an actual controversy;
same. Held: While it is an election law, such does not c. the question must be raised at the earliest
affect your right as a voter. It should affect your right possible opportunity; and
as voter d. the decision on the constitutional or legal
question must be necessary to the determination
QUINTO case – Provisions in elections law that you of the case.
are deemed resigned from your appointive position
upon filing of certificate of candidacy; Quinto, who In order that a taxpayer may have standing to
was not a candidate, questioned the same. Held: SC challenge the legality of an official act of the
said that a voter must be allowed to challenge the government, the act being questioned must involve a
same even if it indirectly affects his right as a voter. disbursement of public funds upon the theory that the
This is premised on the fact that if you limit the right expenditure of public funds for an unconstitutional act
of a candidate, you also limit the right of the voter to is a misapplication of such funds, which may be
whom they should vote. That is limiting the voter’s enjoined at the instance of a taxpayer.
right to choose a candidate.
White Light Corp. v. City of Manila, GR No. 122846,
c) Taxpayer – illegal disbursement of funds or to Jan. 20, 2009 – What is “third-party” standing?
challenge a revenue law (tax law)

Litigants have a right to bring actions on behalf of Agreement (ELA) because they are without a “present
third parties, provided three important criteria are substantial interest”, as distinguished from mere
satisfied: expectancy, or future, contingent, subordinate or
a. the litigant must have suffered an ‘injury-in-fact,’ consequential interest.
thus giving him or her a "sufficiently concrete
interest" in the outcome of the issue in dispute; “present substantial interest” means such interest of
b. the litigant must have a close relation to the third a party in the subject matter of the action as will
party; and entitle him, under substantive law, to recover if the
c. there must exist some hindrance to the third evidence is sufficient, or that he has a legal title to
party's ability to protect his or her own interests defend and the defendant will be protected in
payment to or recovery from him.
A case involving the ordinance on wash hour rates in
Manila. Motel owners questioned the same also in General rule: A party can question the validity of a
representation of the patrons of their hotels. Held: statute only if, as applied to him, it is unconstitutional.
Yes, it is allowed.
Exception: FACIAL CHALLENGE. The statute is
Due to the incident involving the massacre of Hong absolutely unconstitutional under no circumstance.
Kong tourists by dismissed police officer Mendoza, it But the only time a facial challenge to a statute is
became apparent that Jesse Robredo would have allowed is when it operates in the area of freedom of
difficulty getting the approval of the Commission on expression.
Appointments. To avoid a rebuff from the body, the
President, while Congress was in session, designated Invalidation of the statute “on its face”, rather than
him as Acting Secretary of the DILG. In that capacity, “as applied” is permitted in the interest of preventing
there was no need for him to be confirmed by the a chilling effect on freedom of expression.
Commission on Appointments. Who has standing to
challenge the constitutionality of the appointment? Overbreadth Doctrine — This doctrine applies to
statute which are clear, there is no vagueness, there is
a) any member of Congress no ambiguity as to who are covered, what are acts
b) any Filipino citizen covered, but it invades certain fundamentally
c) any registered voter protected rights.
d) any member of the Commission on
Appointments In Francisco, Jr. vs. Bayani Fernando, G.R. No.
166501, November 16, 2006, a citizen can raise a
How about as Taxpayer?Paguia v. Office of the constitutional question only when 1) he can show that
President, 621 SCRA 600 (2010) – Taxpayers' he has personally suffered some actual or threatened
contributions to the state's coffers entitle them to injury because of the allegedly illegal conduct of the
question appropriations for expenditures which are government; 2) the injury is fairly traceable to the
claimed to be unconstitutional or illegal. However, the challenged action; and 3) a favorable action will likely
salaries and benefits respondent Davidereceived redress the injury.
commensurate to his diplomatic rank are fixed by law
and other executive issuances, the funding for which 3. Earliest Opportunity– generally, the question
was included in the appropriations for the DFA's total must be raised in the pleadings; however, in criminal
expenditures contained in the annual budgets cases, the question can be raised at any time at the
Congress passed since Davide's nomination. Having discretion of the court; in civil cases, the question can
assumed office under color of authority be raised at any stage of the proceedings if necessary
(appointment), Davide is at least a de facto officer for the determination of the case itself; and in every
entitled to draw salary, negating petitioner's claim of case, except where there is estoppel, it can be raised
"illegal expenditure of scarce public funds.“ at any stage if it involves the jurisdiction of the court.
Kilosbayan vs. Morato, 246 SCRA 540, the petitioners Sta. Rosa case – Case started at DAR, then CA, then
do not possess the legal capacity to institute the SC. Plaintiff challenged the constitutionality of the law
action for annulment of the Equipment Lease at the SC. Held: Not allowed. That is not the earliest
opportunity. It should have been raised before the a) Yes, if the suit is based on the fact that
DAR. (Note: DAR cannot declare a law petitioner is an NGO, which is recognized by
unconstitutional) the Declaration of Principles
b) Yes, if the suit is predicted on violation of the
Estarija case – OMB – CA – SC: person was charged in rights of indigenous cultural communities
OMB. He raised the constitutionality with CA. Is that c) Yes, if the suit is premised on their being
earliest opportunity? Held: Yes! Because OMB has no taxpayers questioning the disbursement of
power to declare a law unconstitutionality. public funds
d) No, because there is no way that their rights
In Umali vs. Guingona, G.R. No. 131124, the question would be injuriously affected by the project
of constitutionality of the Presidential Commission on
Anti-Graft and Corruption (PCAGC) was not Would your answer be different if the Philippine Power
entertained because the issue was raised by the Corporation, a private company, were to operate the
petitioner only in his motion for reconsideration plant? Would they have standing?
before the RTC of Makati. It was too late to raise the
issue for the first time at that stage of the a) Yes, if the suit is based on the fact that
proceedings. petitioner is an NGO, which is recognized by
the Declaration of Principles-does not mean
Summary: You raise it in the pleadings before the that NGO has standing in court
tribunal with jurisdiction to rule on constitutional b) Yes, if the suit is predicted on violation of the
issue. MTC has no power of the same; RTC ok. rights of indigenous cultural communities
c) Yes, if the suit is premised on their being
4. Necessity – there must be a need or necessity in taxpayers questioning the disbursement of
passing the validity of a law; the reason Is separation public funds- note: no public funds is being
of powers. Example is the Liban vs. Gordon case disbursed as it is a private co.
d) No, because there is no way that their rights
Judicial Restraint – exercise judicial restraint if you would be injuriously affected by the project
can resolve in some other way
2007, VIII. The Provincial Governor of Bataan
In Arceta vs. Judge Mangrobang, G.R. No. 152895, in requested the Department of Budget and
a new challenge to the constitutionality of B.P. 22, the Management (DBM) to release it Internal Revenue
SC did not find the constitutional question to be the Allocation (IRA) of P100 million for the current budget
very lis mota presented in the controversy. Every law year. However, the General Appropriations Act
has in its favor the presumption of constitutionality, provided that the IRA may be released only if the
and to justify its nullification, there must be a clear province meets certain conditions as determined by an
and unequivocal breach of the Constitution, and not oversight council created by the President. Is this
one that is doubtful, speculative or argumentative. requirement valid?
1992, No. 6: The Phil. Environmentalists’ Organization The Provincial Governor is a party-mate of the
for Nature, a duly recognized non-governmental President. May the Bataan Representative instead file
organization, intends to file suit to enjoin the Phil. a petition to compel the DBM to release the funds?
Government from allocating funds to operate a power No, the congressman has no locus standi. He has no
plant at Mt. Tuba in a southern island. They claim that interest. It should be the governor. Remember that a
there was no consultation with the indigenous cultural district is a representative unit, not a political unit.
community who will be displaced from ancestral lands
essential to their livelihood and indispensable to their Y was administratively charged before the
religious practices. The organization is based in Ombudsman with Grave Abuse of Authority. The only
Makati. All its officers live and work in Makati. Not defense that he presented was denial, that is, that he
one of its officers or members belongs to the affected did not perform the act complained of. He was found
tribe. Do they have standing? guilty and ordered dismissed from the service. He
promptly filed a petition for review with the Court of
Appeals, this time directly attacking the
constitutionality of the Ombudsman Act. As a justice
of the Court of Appeals, you will: Gordon Case – his appointment as SBMA chairman
was declared unconstitutional. Held: All acts of
a) give due course to the petition because Y Gordon prior to it is valid. All contracts he entered into
raised the issue of constitutionality on the first are valid prior thereto. Salaries are also due to him.
opportunity
b) dismiss the petition because Y has no standing Planters v. Fertiphil, 548 SCRA 485 (2008): What do
c) dismiss the petition because Y did not raise we follow? The doctrine of operative fact, as an
the issue of constitutionality at the first exception to the general rule, only applies as a matter
opportunity of equity and fair play. It nullifies the effects of an
d) dismiss the petition because there is no unconstitutional law by recognizing that the existence
necessity for ruling on the issue of of a statute prior to a determination of
constitutionality unconstitutionality is an operative fact and may have
consequences which cannot always be ignored. The
Macalintal v. PET, 635 SCRA 738 (2010) – doctrine is applicable when a declaration of
Petitioner, a prominent election lawyer, questioned unconstitutionality will impose an undue burden on
the legality of the creation of the Presidential Electoral those who have relied on the invalid law.
Tribunal. However, in the election protest filed by
Fernando Poe, Jr., he appeared before the tribunal What is the doctrine of Relative Constitutionality? A
representing respondent Gloria Macapagal-Arroyo. statute declared constitutional at one time, may be
Held: Petitioner’s standing is imperiled by his declared unconstitutional at another time because of
appearance as counsel for former President Gloria altered circumstances. [Central Bank Case]; Ex.
Macapagal-Arroyo in the election protest filed by 2004 Exemption of salaries of central bank executives from
presidential candidate Fernando Poe, Jr. before the salaries standardization law
Presidential Electoral Tribunal, because judicial inquiry
requires that the constitutional question be raised at 2011, No. 56. When the Supreme Court nullified the
the earliest possible opportunity. decisions of the military tribunal for lack of jurisdiction,
it excluded from their coverage the decisions of
Paguia v. Office of the President, 621 SCRA 600 acquittal where the defendants were deemed to have
(2010) – Filed a case for disbarment of Davide as acquired a vested right. In so doing, the Supreme Court
citizen and taxpayer: An incapacity to bring legal applied:
actions peculiar to petitioner also obtains. Petitioner’s
suspension from the practice of law bars him from a) the operative fact doctrine.
performing "any activity, in or out of court, which b) the rule against double jeopardy.
requires the application of law, legal procedure, c) the doctrine of supervening event.
knowledge, training and experience.“ Certainly, d) the orthodox doctrine.
preparing a petition raising carefully crafted
arguments on equal protection grounds and Sec. 6. The Supreme Court shall have administrative
employing highly legalistic rules of statutory supervision over all courts and the personnel thereof.
construction to parse Section 23 of RA 7157 falls It includes not only judges but also court employees
within the proscribed conduct.
Maceda v. Vasquez: (Ombudsman)
What is the effect if a law is declared Take note! OMB has two functions
unconstitutional? 1. Administrative investigations – for the purpose of
1. Orthodox view – an unconstitutional act is not removing, suspending
law. It is as if the law did not exist. The declaration 2. Preliminary investigations – for the purpose of
of unconstitutionality is given retroactive effect. determining whether or not there exists probable
2. Modern view – It has no retroactive effect, it case
affects only the parties before it. “Operative fact
doctrine” – Flores v. Drilon: All previous acts prior 1. Administrative – OMB has no jurisdiction to
to the declaration of unconstitutionality remain investigate administratively. It belongs absolutely
valid. to the SC.
Del Castillo case – Plagiarism case – SC may not
2. Criminal – Can the OMB investigate for purposes investigate the same. It may investigate as long as the
of preliminary investigation? It must be resulting penalty is not removal.
distinguished!
a) Act relates to his administrative duties – Section 18, Article VII provides the powers of the
Supreme Court President, to wit:
b) Act does not relate – OMB can proceed 1. Calling out power as Commander-in-Chief of the
independently. They can conduct investigation AFP
2. Power to proclaim martial law
Delay in deciding cases – administrative matter, not 3. Power to suspend the privilege of the writ of
criminal habeas corpus
Falsification of service record – belongs to SC; though 2 and 3 are not political questions. They are subject to
criminal, it relates to his administrative functions judicial review as expressly provided in Sec. 18 (3),
Article VII
CSC v.Andal (2009) – security guard of Sandiganbayan
charged with dishonesty; thus, administrative one. Randolf David, et al. vs. GMA, et al. (2006)–
CSC has no jurisdiction to investigate as finding Petitioners failed to rebut the assertion that GMA
whether or not he committed dishonesty, or whether acted with grave abuse of discretion. SC upholds the
to dismiss him, is administrative in character constitutionality of PP1017 insofar as it constitutes a
call by the President for the AFP to prevent or
Garcia v. Miro (2009) – Reckless Imprudence – OMB suppress lawless violence. The proclamation is
can proceed toinvestigate whether or not he sustained by Sec. 18, Art. VII and other relevant
committed reckless imprudence as the same is has jurisprudence. However, PP 1017's extraneous
nothing to do with his functions. provisions giving the President express or implied
power (1) to issue decrees; (2) to direct the AFP to
While on hearing, a judge’s gun fell and accidentally enforce obedience to all laws even those not related
killed the person. Can he be investigated by the OMB to lawless violence as well as decrees promulgated by
for homicide? Yes! It has nothing to do with his the President; and (3) to impose standards on media
function as a judge. or any form of prior restraint on the press, are ultra
vires and unconstitutional. The Court also rules that
2004/3: An NLRC Commissioner is facing a complaint under Sec. 17, Art. XII, the president, in the absence of
before the OMB for violation of the Anti-Graft Law. He legislation, cannot take over privately-owned public
contends that under the law creating the NLRC, he has utility and private business affected with public
the rank of a justice of the Court of Appeals. Hence interest.
the OMB has no jurisdiction over him. Is he correct?
Ultra-vires acts and unconstitutional:
No! NLRC is a quasi-judicial body outside the judiciary. 1. warrantless arrest of petitioners David and
Llamas;
Re: Undated letter (2009) – Can the Supreme Court 2. the dispersal of the rallies and warrantless arrest
investigate Justices during their tenure? After? For of the KMU and NAFLU-KMU members;
what? 3. imposition of standards on media or any prior
restraint on the press;
GR: SC justices cannot be investigated as they are 4. warrantless search of the Tribune offices and the
impeachable officers. They cannot be charged with whimsical seizures of some articles for publication
offenses that would result to removal from office. and other materials
Exception: Torres case, where the SC proceeded with Section 23 (2), Article VI: In times of war or other
the investigation in view of his resignation as SC national emergency, the Congress may, by law,
justice authorize the President, for a limited period and
subject to restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by 2. Emergency power of the President. (Sec. 23(2),
resolution of the Congress, such powers shall cease Art. VI)
upon the next adjournment thereof. 3. Tariff Powers to the President. (Sec. 28(2), Art. VI)
4. Administrative agencies- “The power of
Generally, Congress is the repository of emergency subordinate legislation.”
powers. This is evident in the tenor of the above 5. Local government. (RA 7160) “Such legislation (by
provision authorizing it to delegate such powers to the LG) is not regarded as a transfer of general
President. Certainly, a body cannot delegate a power legislative power, but rather as the grant of the
not reposed upon it. However, knowing that during authority to prescribe local regulations, according
grave emergencies, it may not be possible or to immemorial practice, subject, of course, to the
practicable for Congress to meet and exercise its interposition of the superior in cases of necessity”
powers, the Framers of the Constitution deemed it (People vs. Vera). This recognizes the fact that
wise to allow Congress to grant emergency powers to local legislatures are more knowledgeable than
the President, subject to certain conditions, thus: the national lawmaking body on matters of purely
1. There must be war or other emergency local concern, and are in better position to enact
2. The delegation must be for a limited period only appropriate legislative measures thereon.
3. The delegation must be subject to restrictions as
the Congress may prescribe Section 7. (1) No person shall be appointed Member
4. The emergency power must be exercised to carry of the Supreme Court or any lower collegiate court
out a national policy declared by Congress unless he is a natural-born citizen of the Philippines.
A Member of the Supreme Court must be at least
Let it be emphasized that while the President alone forty years of age, and must have been for fifteen
can declare a state of national emergency, however, years or more, a judge of a lower court or engaged in
without legislation, he has no power to take over the practice of law in the Philippines.
privately-owned public utility or business affected
with public interest. The President cannot decide (2) The Congress shall prescribe the qualifications of
whether exceptional circumstances exist warranting judges of lower courts, but no person may be
the takeover of privately-owned public utility or appointed judge thereof unless he is a citizen of the
business affected with public interest. Nor can he Philippines and a member of the Philippine Bar.
determine when such exceptional circumstances have
ceased. Likewise, without legislation, the President (3) A Member of the Judiciary must be a person of
has no power to point out the types of businesses proven competence, integrity, probity, and
affected with public interest that should be taken independence.
over. In short, the President has no absolute authority
to exercise all the powers of the State under Section Qualification of SC Justice:
17, Article XII in the absence of an emergency powers 1. Natural-born citizen (includes CA and
act passed by Congress. Sandiganbayan)
2. At least 40 years of age
General rule: POTESTA DELEGATA NON DELEGARE 3. Must have been for 15 years or more a judge or
POTEST- what has been delegated cannot be re- engaged in practice
delegated. It is based on ethical principle that 4. Must be of proven competence, integrity, probity
delegated powers constitutes not only a right but a and independence
duty to be performed by the delegate through the
instrumentality of his own judgment and not through Note: Justices of CA have same qualifications as those
the intervening mind of another. provided for SC Justices, but Congress may prescribe
other qualifications
Exceptions: Permissible Delegation of Powers
1. People power thru plebiscite and initiative- (Sec. Qualifications of RTC Judges:
32, ART VI; Sec. 10, Art. X; Sec. 2, Art. XVII; RA 1. Citizen of the Philippines;
6735) Under the 1987 Constitution, there are 2. At least 35 years of age;
specific provisions where the people have 3. Has been engaged in the practice of law for at
reserved to themselves the function of legislation. least 5 years or has held public office in the
Philippines requiring admission to the practice of the Integrated Bar, a professor of law, a retired
law as an indispensable requisite Member of the Supreme Court, and a representative
of the private sector.
Qualifications of MTC, MeTC, MCTC Judges:
1. Citizens of the Philippines; (2) The regular members of the Council shall be
2. At least 30 years of age; appointed by the President for a term of four years
3. Has been engaged in the practice of law for at with the consent of the Commission on
least 5 years or has held public office in the Appointments. Of the Members first appointed, the
Philippines requiring admission to the practice of representative of the Integrated Bar shall serve for
law as an indispensable requisite. four years, the professor of law for three years, the
retired Justice for two years, and the representative
Procedure for Appointment: of the private sector for one year.
1. Appointed by the President from among a list of at
least 3 nominees prepared by the Judicial and Bar Note: No prohibition of reappointment of the JBC
Council (JBC) for every vacancy. members
2. For lower courts, President shall issue the
appointment 90 days from submission of the list. (3) The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep a
Tenure of Justices and Judges: record of its proceedings.
1. Supreme Court — Hold office until they reach the
age of 70 or become incapacitated to discharge (4) The regular Members of the Council shall receive
their duties. They may be removed only through such emoluments as may be determined by the
impeachment. Supreme Court. The Supreme Court shall provide in
2. Lower Courts — Hold office during good behavior its annual budget the appropriations for the Council.
until they reach the age of 70 or become
incapacitated to discharge their duties. (5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may
By majority vote of members who actually took part in exercise such other functions and duties as the
the deliberation on the issues and voted thereon, SC Supreme Court may assign to it.
en banc shall have the power to discipline judges of
lower courts or order their dismissal. Members of the JBC:
1. Chief Justice – Ex-Officio Chairman
No law shall be passed reorganizing the Judiciary 2. Secretary of Justice – Ex-Officio Member
when it undermines the security of tenure of its 3. Representative of Congress – Ex-Officio Member
Members. 4. Rep. of Integrated Bar – Regular Member
5. Professor of law – Regular Member
Must lower court judges of single sala courts be 6. Retired SC member – Regular Member
natural-born Filipinos? BP 129 provided already that 7. Private sector representative – Regular Member
lower court judges must be natural born citizens,
though it runs counter with the constitution Clerk of the Supreme Court – Secretary de Officio
Can the JBC require nominees for CJ to be subjected to Note: No. 1, 2 and 3 are ex officio, 4, 5, 6 are regular
psychiatric examinations? Fr. Bernas said that it may members which must be confirmed by the CoA.
be ruled as adding to the qualifications set forth in the
constitution, as what happened in Pimentel case. Appointment – The President shall appoint regular
Hence, it would be ruled unconstitutional. members for a 4-year term with the consent of the
Commission on Appointments
Section 8. (1) A Judicial and Bar Council is hereby
created under the supervision of the Supreme Court Powers and Functions:
composed of the Chief Justice as ex officio Chairman, 1. Recommend appointees to the Judiciary;
the Secretary of Justice, and a representative of the 2. Recommend appointees to the Office of the
Congress as ex officio Members, a representative of Ombudsman and his 5 Deputies;
3. May exercise such other functions as may be incapacitated to discharge the duties of their office.
assigned by the Supreme Court. The Supreme Court en banc shall have the power to
discipline judges of lower courts, or order their
Section 9. The Members of the Supreme Court and dismissal by a vote of majority of the members who
judges of the lower courts shall be appointed by the took no part, or dissented, or abstained from a
President from a list of at least three nominees decision or resolution.
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation. Gacott: Must all disciplinary cases against judges be
heard by the Supreme Court en banc? No, only if
Note: No need of confirmation if you passed through penalty is dismissal. If less, SC division will do.
the JBC
Note: Prevailing Circular says if the penalty of fine is
For the lower courts, the President shall issue the more than 10,000 pesos, it must be heard by EN BANC
appointments within ninety days from the
submission of the list. 1996, No. 9: A, an associate justice of the Supreme
Court reached the age of seventy on July 1, 1996.
Note: SC justice, within 90 days from occurrence of There was a case for deliberation on that day where
vacancy the vote of A was crucial. Can A hold over the position
and participate in the deliberation?
1988, No. 11: A novel feature of the present
Constitution is the Judicial and Bar Council. Please No! There is no such thing as hold over position in all
state: (1) its principal function:Council shall have the constitutional positions. No decisions must be made
principal function of recommending appointees to the on the day of your birthday.
Judiciary; (2) its composition: seven (7); and (3) who
supervises it and takes care of its appropriations? 1993, No. 11: How may judges of lower courts be
Supreme Court. removed from office? Only by Supreme Court En Banc
Note the distinction: At least 3 nominees by the JBC in Section 12. The members of the Supreme Court and
judiciary. While nominees for OMB must be 3. of other courts established by law shall not be
designated to any agency performing administrative
24. The President wants to appoint A to the vacant or quasi-judicial function.
post of Associate Justice of the Supreme Court because
of his qualifications, competence, honesty, and In Re: Judge Manzano – judge was appointed to the
efficiency. But A’s name is not on the list of nominees peace and order council – that is a body performing
that the Judicial and Bar Council (JBC) submitted to the administrative function. Hence, not allowed.
President. What should the President do?
Macalintal case – he questioned the constitutionality
a) Request the JBC to consider adding A to the of PET on the ground that it is violative to Sec. 12 by
list. deciding who won the contest, allegedly a quasi-
b) Decline to appoint from the list. judicial function. Held: It is constitutional. Deciding
c) Appoint from the list. who won the election of presidency is actually a
d) Return the list to JBC. judicial function as it involves settlement of
controversy and it is required by the constitution.
Section 10. The Salary of the Chief Justice and of the
Associate Justices of the SC, and of the judges of Section 13. The conclusions of the Supreme Court in
lower courts shall be fixed by law. During their any case submitted to it for decision en banc or in
continuance in office, their salary shall not be division shall be reached in consultation before the
decreased. case is assigned to a Member for the writing of the
opinion of the Court. A certification to this effect
Section 11. The members of the SC and judges of signed by the Chief Justice shall be issued and a copy
lower courts shall hold office during good behavior thereof attached to the record of the case and served
until they reach the age of 70 or become upon the parties. Any Members who took no part, or
dissented, or abstained from a decision or resolution, b) Practicality
must state the reason therefor. The same c) Convenience
requirements shall be observed by all lower d) Docket status of the Court
collegiate courts.
To be valid, it cannot incorporate the findings of
Procedure for Decision-Making fact and the conclusions of law of the lower court
1. First, must deliberate before assigning to the only by remote reference, which is to say that the
writer challenged decision is not easily and immediately
2. Second, a member who dissents must state the available to the person reading the memorandum
reason decision. For the incorporation by reference to be
3. Third, a member who does not participate must allowed, it must provide for direct access to the
state the reason. facts and the law being adopted, which must be
contained in a statement attached to the said
Purpose of certification/provision – to ensure that decision. In other words, the memorandum
decision is reached by the Supreme Court as collegiate decision authorized under Section 40 of BP 129
body. should actually embody the findings of fact and
conclusions of law of the lower court in an annex
Consing case – requirement of certification attached to and made an indispensable part of the
Peragoza case – absence decision.
The presiding justice failed to make certification that 2. Petition for review of Motion for Reconsideration
its decision was reached upon consultation. What will – reason for the denial; Ex. Dismissed for lack of
happen if there is failure to make such certification? merit – need not state the facts
Held: It will not affect the decision. It is only a formal
defect.The omitting justice may be held Exception (when the decision on the petition must
administratively liable or for impeachment. include and state the facts and law) – if the original
decision is changed/reversed, you have to explain why
Section 14. No decision shall be rendered by any you change your decision.
court without expressing clearly and distinctly the
facts and the law on which it is based. The requirement that the decision must state the facts
and the law does not apply to CSC, DOLE, Military
No petition for review or motion for reconsideration Commission, Toll Regulatory Board; it pertains only to
of a decision of the court shall be refused due course judiciary.
or denied without stating the legal basis therefor.
People vs. Baring, G.R. No. 137933, January 28, 2002,
This does not apply to a minute resolution dismissing the trial court’s decision may cast doubt on the guilt of
a petition for habeas corpus, certiorari and the accused, not by the lack of direct evidence against
mandamus, provided a legal basis is given therein. the accused but by:
Neither will it apply to administrative cases. 1. the trial court’s failure to fully explain the
correlation of the facts;
Contents of decisions: 2. the weight of the admissibility of the evidence;
1. Decision – facts and law on which it is based 3. the assessments made from the evidence; and
Exceptions: Memorandum decisions is one which 4. The conclusion drawn therefrom, after applying
simply incorporates by reference the decision of the pertinent law as basis of the decision.
the lower court provided that it can be had only to
simple cases and requirement of attachment of “Lack of merit” is sufficient declaration of the legal
decision of lower court basis for denial of petition for review or motion for
reconsideration.
It is a species of succinctly written decisions by
appellate courts in accordance with the provisions Tichangco vs. Enriquez, G.R. No. 150629, June 30,
of Section 40, BP 129 on the grounds of: 2004, when the Court, after deliberating on a petition
a) Expediency and any subsequent pleadings, manifestations,
comments or motions, decides to deny due course to
a petition, and states—in a minute resolution—that (3) Upon the expiration of the corresponding period,
the questions raised are factual or no reversible error a certification to this effect signed by the Chief Justice
in the respondent court’s decision is shown or some or the presiding judge shall forthwith be issued and a
other legal basis stated in the resolution, there is copy thereof attached to the record of the case or
sufficient compliance with the constitutional matter, and served upon the parties. The certification
requirement. shall state why a decision or resolution has not been
rendered or issued within said period.
71. The Housing and Land Use Regulatory Board
(HLURB) found Atlantic Homes, Inc. liable in damages (4) Despite the expiration of the applicable
arising from its delayed release of the title to the mandatory period, the court, without prejudice to
house and lot that it sold to Josephine. Atlantic such responsibility as may have been incurred in
appealed to the Office of the President which rendered consequence thereof, shall decide or resolve the case
a one page decision, affirming the attached HLURB or matter submitted thereto for determination,
judgment. Atlantic challenges the validity of the without further delay.
decision of the Office of the President for not stating
the facts and the law on which it is based. Is the 1989: Despite the lapse of 4 months from end of trial,
challenge correct? the judge failed to decide. The defense counsel moved
to dismiss the case on the ground that the court had
a) No, the Office of the President is governed by lost jurisdiction. Should the motion be granted?
its own rules respecting review of cases
appealed to it. – requirement of statement of No! The delay does not result to loss of jurisdiction of
facts and law pertains only to the judiciary; it the court. Despite the expiration of the applicable
is also a memorandum decision mandatory period, the court, without prejudice to
b) Yes, the decision of the Office of the President such responsibility as may have been incurred in
must contain its own crafted factual findings consequence thereof, shall decide or resolve the case
and legal conclusions. or matter submitted thereto for determination,
c) Yes, administrative due process demands that without further delay.
the Office of the President make findings and
conclusions independent of its subordinate. But take note of Licaros. Sandiganbayan tried the case
d) Yes, the trial judge may reasonably rely on the for 10 years. After that, Justice delayed to make
prosecution's manifestation that he had no decision. Held: SC dismissed the case in favor of the
objection to the grant of bail. accused as there was a violation of his right to speedy
disposition of the case.
Section 15. (1) All cases or matters filed after the
effectivity of this Constitution must be decided or Principle: The delay of the judge does not result to
resolved within 24 MONTHS from the date of dismissal unless it violates the right of the accused to
submission for the SC, and unless reduced by the speedy disposition. This does not apply also to civil
Supreme Court, 12 months for all lower collegiate cases.
courts, and 3 months for all other lower courts.
Section 16. The Supreme Court shall, within thirty
Period for making Decisions days from the opening of each regular session of the
1. Supreme Court – 24 months Congress, submit to the President and the Congress
2. Court of Appeals – 12 months an annual report on the operations and activities of
3. RTC/MTC – 3 months the Judiciary.
4. Sandiganbayan and CTA? Being collegiate courts, 3
months SUMMARY:
(2) A case or matter shall be deemed submitted for Cases to be heard by the SC En Banc:
decision or resolution upon the filing of the last 1. Cases in which the constitutionality or validity of
pleading, brief, or memorandum required by the any treaty, international or executive agreement,
Rules of Court or by the court itself. law, executive order, or presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question; Who may file? The petition may be filed by the
2. Cases raising novel questions of law; aggrieved party or by any qualified person or entity in
3. Cases affecting ambassadors, other public the following order:
ministers and consuls; 1. Any member of the immediate family, namely:
4. Cases involving decisions, resolutions or orders of a) Spouse
the Civil Service Commission, Commission on b) Children
Election, and Commission on Audit; c) Parents of the aggrieved party
5. Cases where the penalty to be imposed is the 2. Any ascendant, descendant or collateral relative
dismissal of a judge, officer or employee of the of the aggrieved party within the 4th civil degree
judiciary, disbarment of a lawyer, or either the of consanguinity or affinity, in default of those
suspension of any of them for a period of more mentioned above; or
than one (1) year or a fine exceeding ten thousand 3. Any concerned citizen, organization, association,
pesos (P10,000.00) or both; or institution, if there is no known member of the
6. Cases where a doctrine or principle laid down by immediate family or relative of the aggrieved
the court en banc or in division may be modified party.
or reversed;
7. Cases assigned to a division which in the opinion The filing of a petition by the aggrieved party
of at least three (3) members thereof merit the suspends the right of all other authorized parties to
attention of the court en banc and are acceptable file similar petitions. Likewise, the filing of the petition
to a majority of the actual membership of the by an authorized party on behalf of the aggrieved
court en banc; and party suspends the rights of all others, observing the
8. All other cases as the court en banc by a majority order established by the law.
of its actual membership may deem of sufficient
importance to merit its attention. (Firestone Where can be filed? The petition may be filed on any
Ceramics, Inc. vs. CA, June 28, 2000) day at any time with the:
1. RTC of the place where the threat, act or omission
WRIT OF AMPARO was committed or any of its elements occurred;
2. Sandiganbayan
The Rule on Writ of Amparo (A.M. No. 07-9-12-SC) – 3. Court of Appeals
It was drafted pursuant to the constitutional power of 4. Supreme Court
the Supreme Court to promulgate rules and
regulations for the protection and enforcement of Note: 2, 3 and 4 – includes any Justice of such courts
constitutional rights.
The writ shall be enforceable anywhere in the
WRIT OF AMPARO — it is a remedy available to any Philippines. The court, justice or judge shall
person whose right to life, liberty, and security has immediately order the issuance of the writ if on the
been violated or is threatened with violation by an face of the petition it ought to issue. It is served on the
unlawful act or omission of a public official or office, respondent by a judicial officer or by a person
or of a private individual or entity. The writ covers deputized by the court, justice or judge who shall
extralegal killings and enforced disappearances or retain a copy on which to make a return of service.
threats thereof. It is a writ which may be issued by the
courts based on this constitutional power of the SC to In case the writ cannot be served personally on the
promulgate rules for the protection and enforcement respondent, the rules on substituted service shall
of constitutional rights. It is a remedy to enforce apply.
fundamental rights. It would compel state agents to
look for the missing person and the agents would be A clerk of court who refuses to issue the writ after its
held liable if they did not exert adequate effort in allowance, or a deputized person who refuses to serve
finding the person. the same, shall be punished by the court, justice or
judge for contempt without prejudice to other
“amparo” — means protection, from “amparar” disciplinary actions.
meaning “to protect”
Return of the Writ — the respondent shall file a private institutions capable of keeping and securing
verified written return together with the supporting their safety.
affidavits within seventy-two (72) hours. If he fails to
file a return, the court, justice or judge shall proceed Note: Only the first two interim reliefs are available to
to hear the petition ex parte or even without the the respondent after he filed a verified motion
appearance of the respondent. supported by affidavits or testimonies of witnesses
having personal knowledge of the defenses of the
1. RTC—returnable before such court or judge respondent, and after due hearing.
2. SB/CA –
a) Returnable before such court or any justice The Court shall render judgment within 10 days from
thereof; or the time the petition is submitted for decision. If the
b) To any RTC of the place where the threat, act allegations in the petition are proven by substantial
or omission was committed or any of its evidence, the court shall grant the privilege of the writ
elements occurred and such reliefs as may be deemed proper and
3. SC – appropriate; otherwise, the privilege shall be denied.
a) Returnable before such court or any of its
justices; If the court determines that it cannot proceed for a
b) Before the SB or CA or any of their justices; or valid cause such as the failure of petitioner or
c) To any RTC of the place where the threat, act witnesses to appear due to threats on their lives, it
or omission wascommitted or any of its shall not dismiss the petition. The court shall archive it
elements occurred instead. The amparo court may, on its own or upon
motion by any party, order revival of the petition
Hearing on the Petition — The hearing shall be when ready for further proceedings.
summary in nature. However, the court, justice or
judge may call for a preliminary conference to clarify The petition shall be dismissed with prejudice upon
or simplify some issues and determine the possibility failure to prosecute the case after the lapse of two (2)
of obtaining stipulations and admissions from the years from notice to the petitioner of the order
parties. archiving the case.
Available Interim Reliefs: Does the filing of the petition preclude the filing of
1. Temporary Protection Order—upon motion or separate criminal, civil or administrative actions? No.
motu proprio, the court, justice or judge may order However, when a criminal action has been
that the petitioner or the aggrieved party and any commenced, no separate petition for the writ shall be
member of the immediate family be protected in a filed, but the reliefs under the writ shall be available
government agency or by an accredited person or by motion in the criminal case, and the procedure
private institution capable of keeping and securing under this rule shall govern the disposition of the
their safety. reliefs available under the writ of amparo.
2. Inspection Order—issued to any person in
possession or control of a designated land or other When a criminal action is filed subsequent to the filing
property, to permit entry for the purpose of of a petition for the writ, the latter shall be
inspecting, measuring, surveying, or photographing consolidated with the criminal action.
the property or any relevant object or operation
thereon. The movant must show that the order is When a criminal action and a separate civil action are
necessary to establish the right of the aggrieved party filed subsequent to a petition for a writ of amparo, the
alleged to be threatened or violated. It expires five (5) latter shall be consolidated with the criminal action.
days after date of its issuance, unless extended for After consolidation, the procedure under this Rule
justifiable reasons. shall continue to apply to the disposition of the reliefs
3. Witness Protection Order—the witness may be in the petition.
referred to the DOJ for admission to the Witness
Protection, Security and Benefit Program, or to other ARTICLE IX. CONSTITUTIONAL COMMISSIONS
government agencies, or to accredited persons or
A. COMMON PROVISIONS
4. Be financially interested, directly or indirectly, in
Section 1. The Constitutional Commissions, which other contract with, or in any franchise or
shall be independent, are the Civil Service privilege granted by the government, any of its
Commission, the Commission on Elections, and the subdivision, agencies or instrumentalities,
Commission on Audit. including GOCCs or their subsidiaries.
Take note: CHR is considered as lower in rank than CHR Employees Association vs. CHR, G.R. No. 155336,
these three (3) commissions. the Commission on Human Rights, unlike the three
Constitutional Commissions, does not enjoy fiscal
Reasons: autonomy.
1. The terms of officers in 3 ConCom are fixed by
constitution while in the CHR by law Civil Service Commission vs. DBM, G.R. No. 158791,
2. Appointment of officers of the latter requires the “no report no release” policy may not be validly
confirmation of the CA while the latter does not enforced against offices vested with fiscal autonomy,
3. The officers of the former are impeachable while without violating Sec. 5, Article IX-A of the
in the latter, not impeachable Constitution. The “automatic release” of approved
4. The former enjoys fiscal autonomy while the latter annual appropriations to petitioner, a constitutional
enjoys very limited form of fiscal of autonomy commission vested with fiscal autonomy should thus
be construed to mean that no condition to fund
Safeguards that guarantee the independence of the releases to it may be imposed. However, petitioner’s
Commissions: claim that its budget may not be reduced by Congress
1. They are constitutionally created; may not be below the amount appropriated for the previous year,
abolished by a statute; as in the case of Judiciary, must be rejected. The
2. Each is conferred certain powers and functions provision in Section 3 of Article VIII, prohibiting the
which cannot be reduced by statute; reduction in the appropriation for the Judiciary below
3. Each expressly described as independent; the amount appropriated for the previous year does
4. Chairmen and members are given fairly long term not appear in Section 5, Article IX-A. The plain
of office for seven (7) years; implication of this omission is that Congress is not
5. Chairmen and members cannot be removed prohibited from reducing the appropriations of
except by impeachment; Constitutional Commissions below the amount
6. Chairmen and members may not be reappointed appropriated for them for the previous year.
or appointed in an acting capacity;
7. Salaries of chairmen and members are relatively Section 2. No member of a Constitutional Commission
high and may not be decreased during shall, during his tenure, hold any other office or
continuance in office; employment. Neither shall he engage in the practice
8. Commissions enjoy fiscal autonomy; of any profession or in the active management or
9. Each commission may promulgate its own control of any business which, in any way, may be
procedural rules; affected by the functions of his office, nor shall he be
10. 10.Chairmen and members are subject to certain financially interested, directly or indirectly, in any
disqualifications calculated to strengthen their contract with, or in any franchise or privilege granted
integrity; and by the Government, any of its subdivisions, agencies,
11. Commissions may appoint their own officials and or instrumentalities, including government-owned or
employees in accordance with Civil Service Law. controlled corporations or their subsidiaries.
Prohibitions and Inhibitions:No member of a 1. Cannot hold any other office/employment – it

Constitutional Commission shall, during his tenure: does not distinguish w/n employment is public or
1. Hold any other office or employment; private. Note that in congress, no prohibition from
2. Engage in the practice of any profession; holding private employment. In the executive, there is
3. Engage in the active management and control of prohibition of private employment.
any business which in any way may be affected by
the functions of his office; and 2. Cannot engage in the practice of any profession –
Does not apply to congress but applies to executive.
Congressman can practice law but cannot appear matter is deemed submitted for decision or
before a court. resolution upon the filing of the last pleading, brief,
or memorandum required by the rules of the
3. Cannot be in active management or control of Commission or by the Commission itself. Unless
any business which may be affected by the functions otherwise provided by this Constitution or by law,
of his office – In congress, there is no prohibition; they any decision, order, or ruling of each Commission
are only required to divulge the business, total may be brought to the Supreme Court on certiorari
prohibition in executive department. In ConCom, the by the aggrieved party within thirty days from
prohibition is narrower as the prohibition is limited receipt of a copy thereof.
only in the active management or control in any
business which may be affected by his function. Judicial Review of Decisions:
Certiorari by SC within 30 days only!
Example. A cabinet member cannot be a board a) COMELEC, COA – to Supreme Court
member in San Miguel but a commissioner of b) CSC – to CA by certiorari (RA No.7902)
COMELEC can be. But he cannot be a board member
of PICOP which produces papers or ink. Limited to decisions rendered in actions or
proceedings taken cognizance of by the Commissions
4. Cannot be financially interested, directly or in the exercise of their adjudicatory or quasi-judicial
indirectly, in any contract with the government, any functions. It does not refer to purely executive
of its subdivisions powers. Hence, questions arising from the award of a
contract for construction of voting booths can be
Institutional Independence Safeguards: brought before the trial court. (Ambil vs. COMELEC,
1. Salary is fixed by law and cannot be decreased G.R. No. 143398)
(Sec. 3)
2. Power to appoint their officials (Sec. 4) 2011, No. 15. Each of the Constitutional Commissions
3. Fiscal Autonomy (Sec. 5) is expressly described as “independent,” exemplified
4. Power to Promulgate Rules (Sec. 6) by its:
5. Prohibition from appointments in an acting
capacity a) Immunity from suit
b) Fiscal autonomy
Section 3. The salary of the Chairman and the c) Finality of action
Commissioners shall be fixed by law and shall not be d) Collegiality
decreased during their tenure.
Section 8. Each Commission shall perform such other
Section 4. The Constitutional Commissions shall functions as may be provided by law.
appoint their officials and employees in accordance
with law. B. THE CIVIL SERVICE COMMISSION
Section 5. The Commission shall enjoy fiscal Section 1.

autonomy. Their approved annual appropriations 1. The civil service shall be administered by the Civil
shall be automatically and regularly released. Service Commission composed of a Chairman and
two Commissioners who shall be natural-born
Section 6. Each Commission en banc may promulgate citizens of the Philippines and, at the time of their
its own rules concerning pleadings and practice appointment, at least thirty-five years of age,
before it or before any of its offices. Such rules, with proven capacity for public administration,
however, shall not diminish, increase, or modify and must not have been candidates for any
substantive rights. elective position in the elections immediately
preceding their appointment.
Section 7. Each Commission shall decide by a majority
vote of all its Members, any case or matter brought 2. The Chairman and the Commissioners shall be
before it within sixty days from the date of its appointed by the President with the consent of
submission for decision or resolution. A case or the Commission on Appointments for a term of
seven years without reappointment. Of those
first appointed, the Chairman shall hold office for Section 3. The Civil Service Commission, as the central
seven years, a Commissioner for five years, and personnel agency of the Government, shall establish
another Commissioner for three years, without a career service and adopt measures to promote
reappointment. Appointment to any vacancy morale, efficiency, integrity, responsiveness,
shall be only for the unexpired term of the progressiveness, and courtesy in the civil service. It
predecessor. In no case shall any Member be shall strengthen the merit and rewards system,
appointed or designated in a temporary or acting integrate all human resources development
capacity. programs for all levels and ranks, and institutionalize
a management climate conducive to public
Composition: accountability. It shall submit to the President and
1. 1 Chairman; the Congress an annual report on its personnel
2. 2 Commissioners programs.
Qualifications: Classes of Service:

1. Natural-born citizen; A. Career Service—characterized by:
2. At least 35 years of age at the time of 1. Entrance based on merit and fitness to be
appointment; determined by competitive examination or
3. With proven capacity for public administration; based on highly technical qualification;
and 2. Opportunity for advancement; and
4. Not a candidate for any elective position in the 3. Security of tenure.
election immediately preceding the appointment.
Kinds of Career Service:
Term: Seven (7) years without reappointment 1. Open Career Positions—prior qualification via
examination;
Section 2. 2. Closed Career Positions—those highly technical
1. The civil service embraces all branches, position;
subdivisions, instrumentalities, and agencies of 3. Career Executive Service—Undersecretaries,
the Government, including government-owned or Bureau Directors;
controlled corporations with original charters. 4. Career Officers—those appointed by the President
2. Appointments in the civil service shall be made like those in the foreign service;
only according to merit and fitness to be 5. Commissioned Officers and enlisted men of the
determined, as far as practicable, and, except to AFP—governed by separate merit system;
positions which are policy-determining, primarily 6. Personnel of GOCCs—whether performing
confidential, or highly technical, by competitive governmental or proprietary functions, with
examination. original charters; and
3. No officer or employee of the civil service shall be 7. Permanent laborers—whether skilled, semi-
removed or suspended except for cause provided skilled, or unskilled.
by law.
4. No officer or employee in the civil service shall B. Non-Career Service—characterized by:
engage, directly or indirectly, in any 1. Entrance on bases other than those of the
electioneering or partisan political campaign. usual tests of merits and fitness utilized for
5. The right to self-organization shall not be denied the career service; and
to government employees. 2. Tenure which is limited to a period specified
6. Temporary employees of the Government shall by law, which is co-terminus with that of the
be given such protection as may be provided by appointing authority or subject to his
law. pleasure, or which is limited to the duration of
a particular project for which purpose
Scope of the Civil Service: Embraces all branches, employment was made.
subdivisions, instrumentalities and agencies of the
Government, including government-owned and Kinds of Non-Career:
controlled corporations with original charters
1. Elective official and their personal or confidential
staff; Section 5. The Congress shall provide for the
2. Department heads and other officials of Cabinet standardization of compensation of government
rank who hold positions at the pleasure of the officials and employees, including those in
President and their personal or confidential staff; government-owned or controlled corporations with
3. Chairmen and members of commissions and original charters, taking into account the nature of
boards with fixed terms of office and their the responsibilities pertaining to, and the
personal or confidential staff; qualifications required for, their positions.
4. Contractual personnel or those whose
employment in the government is in accordance Section 6. No candidate who has lost in any election,
with a special contract to undertake a specific shall within one year after such election, be
work or job; and appointed to any office in the Government or any
5. Emergency and seasonal personnel. Government-owned or controlled corporations or in
any of their subsidiaries.
Exceptions to the requirement of Competitive
Examinations: Section 7. No elective official shall be eligible for
1. Policy-determining Position—one charged with appointment or designation in any capacity to any
the laying down of principal or fundamental public office or position during his tenure.
guidelines or rules;
2. Primary Confidential Position—one denoting not Unless otherwise allowed by law or by the primary
only confidence in the aptitude of the appointee functions of his position, no appointive official shall
for the duties of the office but primarily close hold any other office or employment in the
intimacy which ensures freedom of intercourse Government or any subdivision, agency or
without embarrassment or freedom from instrumentality thereof, including Government-
misgiving or betrayals of personal trust on owned or controlled corporations or their
confidential matters of state, or one declared to subsidiaries.
be so by the President upon recommendation of
the Civil Service Commission. Power to approve/disapprove appointments — The
3. Highly Technical Position—requires the appointee authority of CSC to approve appointments—to check
to possess technical skill or training in the whether or not the appointee possesses the
supreme or superior degree. appropriate civil service eligibility or the required
qualification — does not include the authority to make
CSC vs. Engr. Darangina, G.R. No. 167472, January 31, the appointment itself or to direct the appointing
2007, where a non-eligible holds a temporary authority to change the employment status of an
appointment, his replacement by another non-eligible employee. The CSC can only inquire into the eligibility
is not prohibited. When a temporary appointee is of the person chosen to fill a position and if it finds the
required to relinquish his office, he is being separated person qualified, it must so attest. If not, the
precisely because his term has expired. appointment must be disapproved. (Province of
Camarines Sur vs. CA, G.R. No. 104639, July 14, 1995)
Tanjay Water District vs. Quinit, Jr. G.R. No. 160502, In the case of Lopez vs. CSC, 194 SCRA 269, the SC
April 27, 2007, it is an established rule that the tenure held that the CSC has no power to revoke an
of office of those holding primarily confidential appointment simply because it believes that the
positions ends upon loss of confidence, because their person protesting the appointment or somebody is
term of office lasts only as longs as confidence in them better qualified, for that will constitute an
endures. Their termination can be justified on the encroachment of the discretion vested solely in the
ground of loss of confidence, in which case, their appointing authority.
cessation from office involves no removal but the
expiration of their term of office. Section 8. No elective or appointive public officer or
employee shall receive additional, double, or indirect
Section 4. All public officers and employees shall take compensation, unless specifically authorized by law,
an oath or affirmation to uphold and defend this nor accept without the consent of the Congress, any
Constitution.
present, emolument, office, or title of any kind from Section 2. The Commission on Elections shall exercise
any foreign government. the following powers and functions:
1. Enforce and administer all laws and regulations
Pensions or gratuities shall not be considered as relative to the conduct of an election, plebiscite,
additional, double, or indirect compensation. initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all
C. THE COMMISSION ON ELECTIONS contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
Section 1. and city officials, and appellate jurisdiction over
1. There shall be a Commission on Elections all contests involving elective municipal officials
composed of a Chairman and six Commissioners decided by trial courts of general jurisdiction, or
who shall be natural-born citizens of the involving elective barangay officials decided by
Philippines and, at the time of their appointment, trial courts of limited jurisdiction.
at least thirty-five years of age, holders of a 3. Decisions, final orders, or rulings of the
college degree, and must not have been Commission on election contests involving
candidates for any elective positions in the elective municipal and barangay offices shall be
immediately preceding elections. However, a final, executory, and not appealable.
majority thereof, including the Chairman, shall be 4. Decide, except those involving the right to vote,
members of the Philippine Bar who have been all questions affecting elections, including
engaged in the practice of law for at least ten determination of the number and location of
years. polling places, appointment of election officials
2. The Chairman and the Commissioners shall be and inspectors, and registration of voters.
appointed by the President with the consent of 5. Deputize, with the concurrence of the President,
the Commission on Appointments for a term of law enforcement agencies and instrumentalities
seven years without reappointment. Of those of the Government, including the Armed Forces
first appointed, three Members shall hold office of the Philippines, for the exclusive purpose of
for seven years, two Members for five years, and ensuring free, orderly, honest, peaceful, and
the last Members for three years, without credible elections.
reappointment. Appointment to any vacancy 6. Register, after sufficient publication, political
shall be only for the unexpired term of the parties, organizations, or coalitions which, in
predecessor. In no case shall any Member be addition to other requirements, must present
appointed or designated in a temporary or acting their platform or program of government; and
capacity. accredit citizens' arms of the Commission on
Elections. Religious denominations and sects
Composition: shall not be registered. Those which seek to
1. One (1) Chairman achieve their goals through violence or unlawful
2. Six (6) Commissioners means, or refuse to uphold and adhere to this
Constitution, or which are supported by any
Qualifications: foreign government shall likewise be refused
1. Natural-born citizen; registration.
2. At least 35 years of age at the time of 7. Financial contributions from foreign governments
appointment; and their agencies to political parties,
3. With proven capacity for public administration; organizations, coalitions, or candidates related to
and elections, constitute interference in national
4. Not a candidate for any elective position in the affairs, and, when accepted, shall be an
election immediately preceding the appointment. additional ground for the cancellation of their
5. Majority, including the Chairman, must be registration with the Commission, in addition to
members of the Philippine Bar who have been other penalties that may be prescribed by law.
engaged in the practice of law for at least ten (10) 8. File, upon a verified complaint, or on its own
years. initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions to his election, returns, and qualifications ends, and
constituting election frauds, offenses, and the HRET’s own jurisdiction begins.
malpractices.
9. Recommend to the Congress effective measures In Quizon vs. COMELEC, G.R. No. 177927, February
to minimize election spending, including 17, 2008, the denial of due course or cancellation of
limitation of places where propaganda materials one’s certificate of candidacy is not within the
shall be posted, and to prevent and penalize all administration powers of the Commission, but rather
forms of election frauds, offenses, malpractices, calls for the exercise of its quasi-judicial functions.
and nuisance candidacies. Hence, the Court may compel COMELEC to exercise
10. Recommend to the President the removal of any such discretion and resolve the matter but it may not
officer or employee it has deputized, or the control the manner of exercising such discretion.
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its Section 4. The Commission may, during the election
directive, order, or decision. period, supervise or regulate the enjoyment or
11. Submit to the President and the Congress, a utilization of all franchises or permits for the
comprehensive report on the conduct of each operation of transportation and other public utilities,
election, plebiscite, initiative, referendum, or media of communication or information, all grants,
recall. special privileges, or concessions granted by the
Government or any subdivision, agency, or
Section 3. The Commission on Elections may sit en instrumentality thereof, including any government-
banc or in two divisions, and shall promulgate its owned or controlled corporation or its subsidiary.
rules of procedure in order to expedite disposition of Such supervision or regulation shall aim to ensure
election cases, including pre- proclamation equal opportunity, time, and space ,and the right to
controversies. All such election cases shall be heard reply, including reasonable, equal rates therefor, for
and decided in division, provided that motions for public information campaigns and forums among
reconsideration of decisions shall be decided by the candidates in connection with the objective of
Commission en banc. holding free, orderly, honest, peaceful, and credible
elections.
The COMELEC’s exercise of its quasi-judicial powers is
subject to Section 3, Article IX(C) which expressly Section 5. No pardon, amnesty, parole, or suspension
requires that: of sentence for violation of election laws, rules, and
1. All elections cases, including pre-proclamation regulations shall be granted by the President without
controversies, shall be decided by the COMELEC in the favorable recommendation of the Commission.
division, and
2. The motion for reconsideration shall be decided Section 6. A free and open party system shall be
by the COMELEC en banc. allowed to evolve according to the free choice of the
people, subject to the provisions of this Article.
The prosecution of election law violators involves the
exercise of the COMELEC’s administrative powers. Section 7. No votes cast in favor of a political party,
Thus, the COMELEC en banc can directly approve the organization, or coalition shall be valid, except for
recommendation of its Law Department to file the those registered under the party-list system as
criminal information for double registration against provided in this Constitution.
violators. There is no constitutional requirement that
the filing of the criminal information be first decided Section 8. Political parties, or organizations or
by any of the divisions of the COMELEC. (Baytan vs. coalitions registered under the party-list system, shall
COMELEC, G.R. No. 153945, February 4, 2003) not be represented in the voters' registration boards,
boards of election inspectors, boards of canvassers,
In Vinzons-Chato vs. COMELEC, G.R. No. 172131, April or other similar bodies. However, they shall be
2, 2007, once the winning candidate has been entitled to appoint poll watchers in accordance with
proclaimed, taken his oath, and assumed office as a law.
Member of the House of Representatives, the
COMELEC’s jurisdiction over election contests relating
Section 9. Unless otherwise fixed by the Commission 2. At least 35 years of age at the time of
in special cases, the election period shall commence appointment;
ninety days before the day of election and shall end 3. CPA with at least ten (10) years auditing
thirty days thereafter. experience or members of the Philippine Bar with
at least ten (10) years practice of law; at no time
Section 10. Bona fide candidates for any public office shall all members belong to the same profession;
shall be free from any form of harassment and and
discrimination. 4. Not a candidate for any elective position in the
election immediately preceding the appointment
Section 11. Funds certified by the Commission as – Note: the CSC provision which provides that if
necessary to defray the expenses for holding regular you lose in the election, you cannot be appointed
and special elections, plebiscites, initiatives, in any appointive public office within 1 year. Here,
referenda, and recalls, shall be provided in the he must not be a CANDIDATE in the immediately
regular or special appropriations and, once preceding election! So 3 years.
approved, shall be released automatically upon
certification by the Chairman of the Commission. Term: Seven (7) years without reappointment
D. THE COMMISSION ON AUDIT Section 2.

1. The Commission on Audit shall have the power,
Section 1. authority, and duty to examine, audit, and settle
1. There shall be a Commission on Audit composed all accounts pertaining to the revenue and
of a Chairman and two Commissioners, who shall receipts of, and expenditures or uses of funds and
be natural-born citizens of the Philippines and, at property, owned or held in trust by, or pertaining
the time of their appointment, at least thirty-five to, the Government, or any of its subdivisions,
years of age, Certified Public Accountants with agencies, or instrumentalities, including
not less than ten years of auditing experience, or government-owned or controlled corporations
members of the Philippine Bar who have been with original charters, and on a post- audit basis:
engaged in the practice of law for at least ten a. constitutional bodies, commissions and
years, and must not have been candidates for offices that have been granted fiscal
any elective position in the elections immediately autonomy under this Constitution;
preceding their appointment. At no time shall all b. autonomous state colleges and universities;
Members of the Commission belong to the same c. other government-owned or controlled
profession. corporations and their subsidiaries; and
2. The Chairman and the Commissioners shall be d. such non-governmental entities receiving
appointed by the President with the consent of subsidy or equity, directly or indirectly, from
the Commission on Appointments for a term of or through the Government, which are
seven years without reappointment. Of those required by law or the granting institution to
first appointed, the Chairman shall hold office for submit to such audit as a condition of subsidy
seven years, one Commissioner for five years, or equity. However, where the internal
and the other Commissioner for three years, control system of the audited agencies is
without reappointment. Appointment to any inadequate, the Commission may adopt such
vacancy shall be only for the unexpired portion of measures, including temporary or special pre-
the term of the predecessor. In no case shall any audit, as are necessary and appropriate to
Member be appointed or designated in a correct the deficiencies. It shall keep the
temporary or acting capacity. general accounts of the Government and, for
such period as may be provided by law,
Composition: preserve the vouchers and other supporting
1. One (1) Chairman papers pertaining thereto.
2. Two (2) Commissioners 2. The Commission shall have exclusive authority,
subject to the limitations in this Article, to define
Qualifications: the scope of its audit and examination, establish
1. Natural-born citizen; the techniques and methods required therefor,
and promulgate accounting and auditing rules removing: (i) the President of the Philippines and
and regulations, including those for the executive secretaries, with the exception of the
prevention and disallowance of irregular, Secretary of Education, as members thereof; and (ii)
unnecessary, excessive, extravagant, or the appointment and confirmation power of the
unconscionable expenditures or uses of President of the Philippines, as Chief Scout, over the
government funds and properties. members of the said Board. The State does not
appropriate or invest in the BSP. What RA 7278 only
Powers and Duties: provides is that the Government or any of its
1. Examine, audit and settle all accounts pertaining subdivisions, branches and instrumentalities can from
to revenue and receipts of, and expenditures or time to time donate and contribute funds to the BSP.
uses of funds and property owned or held in trust Is the BSP still subject to the COA’s audit jurisdiction?
or pertaining to government;
2. Keep general accounts of government and Held: Yes. The BSP is a public corporation or a
preserve vouchers and supporting papers; government agency or instrumentality with juridical
3. Authority to define scope of its audit and personality, which does not fall within the
examination, establish techniques and methods constitutional prohibition in Article XII (congress
required therefore; and cannot create private corporations), Section 16,
4. Promulgate accounting and auditing rules and notwithstanding the amendments to its charter. Not
regulations, including those for preservation and all corporations, which are not government owned or
disallowance. controlled, are ipso facto to be considered private
corporations as there exists another distinct class of
Parreno v. COA, 523 SCRA 390 (2007) – Can COA corporations or chartered institutions which are
declare a law unconstitutional? No! otherwise known as “public corporations.” Art. 2, par.
2, Civil Code. These corporations are treated by law as
Required to be audited: agencies or instrumentalities of the government which
1. Government are not subject to the tests of ownership or control
2. Subdivisions (LGU), agencies or instrumentalities and economic viability but to different criteria relating
(GSIS, SSS) to their public purposes/interests or constitutional
3. GOCCs with original charters (those created policies and objectives and their administrative
directly by law) relationship to the government or any of its
Departments or Offices.
Subject to post-audit (ONLY):
1. Those enjoying fiscal autonomy (judiciary, Otherwise stated: BSP is still a government
constitutional commissions) instrumentality or agency. Though not a GOCC, it
2. Autonomous colleges and universities (UP, USEP) performs some governmental function. Hence, it is
3. Government corporations without original subject under COA.
charters, and their subsidiaries (GSIS, SSS)
4. Non-governmental agencies receiving subsidies Note the prohibition on the president and VP from
(from the government specifically from pork holding any other office.
barrel of congressman)
Note: Temporary or Acting capacity appointment by
Boy Scouts of the Philippines v. COA, 651 SCRA 146 the President to the COMELEC, COA, CSC is prohibited
(2011) – The Boy Scouts of the Philippines (BSP) was by the Constitution.
created as a public corporation under Commonwealth
Act No. 111, as amended by Presidential Decree No. In Brillantes vs. Yorac, 192 SCRA 358, the designation
460, to implement the state policy of promoting the of Commissioner Yorac as Acting Commissioner of the
well-being of the youth. However, in 1992, RA No. COMELEC was a violation of Section 1, paragraph 1 of
7278 amended the BSP’s charter, the most salient of Article IX-C.
which is the alteration of the composition of the
National Executive Board of the BSP. The said RA Fiscal Autonomy — The 1987 Constitution expressly
virtually eliminated the “substantial government and unambiguously grants fiscal autonomy only to
participation” in the National Executive Board by Judiciary, the constitutional commissions, and the
Office of Ombudsman. The Commission on Human c) The rule providing post audit by the COA on
Rights has no fiscal autonomy. (CHR Employees’ certain government agencies. (It does!)
Association vs. CHR, G.R. No. 155336, July 21, 2006) d) The rule prohibiting members of the
Constitutional Commissions from being
Which one is subject to both pre- and post-audit by the interested in contracts and franchises or
Commission on Audit? privileges granted by the government. (It
does)
a) City of Davao (Government Subdivision) e) The rule requiring Congress to provide for a
b) Commission on Human Rights (constitutional system of standardization of compensation of
commission government officials and employees. (It does
c) University of the Philippines (autonomous not apply to subsidiaries)
universities)
d) Philippine National Construction Corporation 1997, No. 7: A month before the forthcoming election,
(GOCC with original Charter) A, one of the incumbent commissioners of the
Commission on Elections died while in office and B,
State which is outside the jurisdiction of the another commissioner, suffered a severe stroke. In
Commission on Audit (COA)? view of the proximity of the elections and to avoid
paralization of the Commission on elections, the
a) Davao City Water District (public corporation) President who was not running for any office,
b) Philippine Airlines, Inc. (private corporation) appointed Commissioner C of the Commission on
c) Land Bank of the Philippines Audit, who was not a lawyer but a certified public
d) University of Southeastern Philippines accountant by profession, Ad Interim commissioner to
succeed A, and designated by way of a temporary
Rotational Scheme – 1999, No. 3]/ 2010, No. 25. The measure, Associate Justice D of the Court of Appeals as
terms of the first 3 commissioners start on the same Acting Associate Commissioner during the absence of
date. Any vacancy should be filled in for the unexpired Commissioner B. Is the President correct? No!
balance of the term. To what other constitutional
offices does the rotational scheme of appointments As to C, it is valid. However, it may be argued that The
apply? Apply only in the 3 commissions President was wrong in extending an ad interim
appointment in favor of C. An ad interim appointment
2001, No. 7: The Philippine National Bank was then a is a permanent appointment. Under Section 15, Article
leading government-owned banks and it was under VII of the Constitution, within two months
the audit jurisdiction of the Commission on Audit. A immediately before the next presidential elections
few years ago, it was privatized. What is the effect, if and up to the end of his term, the President cannot
any, of the privatization of PNB on the audit make permanent appointments.
jurisdiction of the COA? PAL v. COA, 1995: No more
within COA’S jurisdiction. As to D, it is invalid because the appointment of
Commission in COMELEC cannot be made temporary.
In which instance is there a distinction between It must be permanent and not in an acting capacity. SC
government owned and controlled corporations with justice is prohibited from holding any position in a
original charters on the one hand, and those which are quasi-judicialor administrative body.
subsidiaries of such corporations, on the other, in
treatment by the Constitution? Section 3. No law shall be passed exempting any
entity of the Government or its subsidiaries in any
a) The rule prohibiting the appointment of guise whatever, or any investment of public funds,
spouse and relatives of the President within from the jurisdiction of the Commission on Audit.
the 4th civil degree. (Applies also to
subsidiary) Section 4. The Commission shall submit to the
b) The rule making it incompatible for members President and the Congress, within the time fixed by
of the Congress to hold offices or employment law, an annual report covering the financial
in government. (It applies to subsidiary) condition and operation of the Government, its
subdivisions, agencies, and instrumentalities,
including government-owned or controlled When the Government acquires at least 51% of such
corporations, and non-governmental entities subject Stock Corporation created under the Corporation
to its audit, and recommend measures necessary to Code, it becomes now a GOCC.
improve their effectiveness and efficiency. It shall
submit such other reports as may be required by law. As to Corporations which are directly created/formed
under the law, control of the Government is
ARTICLE X. LOCAL GOVERNMENT manifested by the appointment of the board
(In relation to Republic Act No. 7160— members by the President. Once majority of the
Local Government Code) members of the board are appointed by the president,
it can now be considered as GOCC.
Public Corporations are those created by the state as
its own agency and instrumentality to help the state in Note that which are appointed by the president to the
carrying out its governmental functions. Board need not be the Alter-egos of the president. For
instance, the board members appointed by the
Under the Corporation Code, public corporations are president in the Cultural Center of the Philippines,
“those formed or organized for the government of a only few are cabinet members. Otherwise stated,
portion of the state” what is controlling is that the board members are
appointed by the president. All appointees need not
As distinguished from a private corporation, the latter be the alter-ego of the President. Another instance is
is created by private individuals (incorporators) for the the members of the board of MAYNILAD WATERS,
purpose of obtaining profits from its undertaking. which mostly are not cabinet members of the
president. Control is manifested by the fact that these
Note: Not all private corporations are for profit- Board members are appointed by the President of the
charitable corporations, corporation sole, religious Philippines.
corporations.
Two Kinds (Public Corporations):
Art. XII, Sec. 16., 1987 Constitution: “The Congress 1. GOCCs with original charters (created directly by
shall not, except by a general law, provide for the congress by means of a law)
formation, organization or regulation of private 2. Without original charters [subsidiaries] (created
corporations.” (Corporation Code) under the Corporation Code)
This has been consistent with the purpose and Subsidiaries – 51% of stocks are owned by the
intention of the framers of the constitution to prevent Government. Necessarily, it means that at least 51%
the congress from directly creating private of the corporation stocks are owned by other
corporations (prohibition from favoring the a private government corporations. Like the case of PAL before,
corporation). majority of its stocks were owned by GSIS and Land
Bank. Hence, it is a subsidiary. Please note the
Government-Owned or Controlled Corporations (as distinction between GOCC with ORIGINAL CHARTER
distinguished from Local Government Units) – “refers and SUBSIDIARIES. It is important to note for instance,
to any agency organized as a stock or non-stock the prohibition under the constitution the
corporation, vested with functions relating to public appointment of Congressman to any GOCC and
needs whether governmental or proprietary in nature, subsidiaries. Also note the prohibition of appointment
and owned by the government directly or through its of President’s relatives in any GOCC and
instrumentality either wholly, or, where applicable, as SUBSIDIARIES. However, distinction may now lie
in the case of stock corporations, to the extent of at following:
least 51% of its capital stock.” [Administrative Code of
1987, Sec. 1 (13)] Why important?
1. Art. IX-B (5) – standardization (SALARY) – do not
NOTE: When we speak of GOCC, it need not be apply to SUBSIDIARIES – the salary thereof is
formed by the direct act of congress. It may refer to a governed by their own BOARD.
stock corporation and the latter refers to a
corporation created under the Corporation Code.
2. Art. IX-B, 2 (1) – scope of Civil Service - does not
apply to SUBSIDIARIES. Employees of What about the PNRC which was created by RA No. 95
SUBSIDIARIES fall within the scope of LABOR CODE as a humanitarian organization in compliance with the
3. Art. IX-D, 2(1) – powers of COA/pre-audit- country’s obligation under the Geneva Conventions?
SUBSIDIARIES are not subject of PRE-AUDIT. ONLY Liban v. Gordon, Jan. 18, 2011 – In its amended
POST AUDIT as distinguished from those with charter, of the 30 members of the Board, only 6 are
Original Charters appointed by the President – it was held that PNRC is
4. Art. XI, 13 (2) –power of OMB to stop/prevent acts a Private Corporation. Hence, the law creating the
of impropriety – does not extend to those working same was ruled to be NULL AND VOID. To save
in the SUBSIDIARIES. Only those working in GOCCs GORDON, it has to be considered a Private
with original charter may be investigated by OMB Corporation. Hehehe.However, upon motion for
reconsideration, the SC modified its previous ruling.
Note the prohibition in the Omnibus Election Code Now, the question is how about RA 195 creating PNRC
which provides the forfeiture of position in the GOCC as humanitarian organization/corporation in
with Original Charter and subsidiaries once an compliance with the Geneva Conventions taking into
appointive official of the GOCC with Original Charter consideration that in its amended charter, only 6
and subsidiaries files a certificate of candidacy. board members of the total 13 are appointed by the
Otherwise stated, if you worked in subsidiaries and President? SC ruled that PNRC has a sui generic status.
you file a COC, you are deemed resigned!!! Hence,you Although it is neither a subdivision, agency, or
are covered by the OEC. If you work in a private instrumentality of the government, nor a government-
corporation which is not a SUBSIDIARY, you are owned or controlled corporation or a subsidiary
governed by the rules of the promulgated by the thereof, so as not to lose its character of neutrality
BOARD. and independence such a conclusion does not ipso
facto imply that the PNRC is a “private corporation”
Are employees of chartered state universities which within the contemplation of the provision of the
have been granted autonomy under the jurisdiction of Constitution, that must be organized under the
the Civil Service Commission? UP v. Regino, 221 SCRA Corporation Code.
598 – Even if these STATE U are granted with
autonomy and independence pursuant to their What about the BSP created as a public corporation
Charter, they fall within the Jurisdiction of the CSC under Commonwealth Act No. 111, as amended by
Presidential Decree No. 460? Boy Scouts of the
What about the National Housing Corporation which Philippines v. COA, 651 SCRA 146 (2011) – Only the
was organized in 1959 under EO No. 399 or the Secretary of Education sits the National Executive
Uniform Charter of Government Corporations? Stocks Board of the BSP. The State does not appropriate or
owned by GSIS, DBP, SSS; Juco v. NLRC, 227 SCRA 531 invest in the BSP but RA 7278 provides is that the
– note that in the case of NHA, its stocks are owned by Government or any of its subdivisions, branches and
GSIS, SSS, and DBP; Hence considered subsidiaries. instrumentalities can donate and contribute funds to
While it is considered as a Government Subsidiary, it the BSP.
falls within the Jurisdiction of NLRC and not CSC. TAKE
NOTE! They are considered private corporations as The BSP is a public corporation or a government
distinguished from UP. agency or instrumentality with juridical personality,
which does not fall within the constitutional
What about water districts formed by resolution of the prohibition in Article XII, Section 16, notwithstanding
Sangguniang Bayan as authorized by PD 198? DCWD the amendments to its charter. Not all corporations,
v. CSC – Note that Water Districts in localities are which are not government owned or controlled, are
created pursuant to a Sangguinan Resolutions. These ipso facto to be considered private corporations as
water districts are considered GOCCs. Hence, they are there exists another distinct class of corporations or
under the Jurisdiction of the CSC and not NLRC. chartered institutions which are otherwise known as
Question was raised as to what are the charters of “public corporations.” Art. 2, par. 2, Civil Code. These
these water districts? It was ruled that all of these WD corporations are treated by law as agencies or
have PD 198 as their own Charter and not pursuant to instrumentalities of the government which are not
their SB Resolutions. Hence, they are GOCCs. subject to the tests of ownership or control and
economic viability but to different criteria relating to b. Sec. 385, LGC of 1991 – “by law or by an ordinance
their public purposes/interests or constitutional of the Sangguniang panlalawigan or sangguniang
policies and objectives and their administrative panlungsod, subject to the approval by a majority of
relationship to the government or any of its votes cast in a plebiscite to be conducted by the
Departments or Offices. COMELEC in the unit or units affected.” –creation of
barangays are now delegated to Sangguniang
To summarize: Classes of Corporations Panglalawigan or Sangguniang Panglungsod.
1. Private
2. Public Can the power to create such municipal corporations
a) Municipal Corporations be delegated to the president? No! The Admin Code of
b) Government owned-or controlled 1917 providing such power to the president was
Corporations declared null and void as there were no sufficient
1) with original charter standards to be followed as distinguished to the
2) w/o original charter [subsidiaries] 51% of delegation made in the Local Government Code.
its stocks are owned by the Government
c) Public Corporations which are created by law 2) Corporate Name: Sec. 13 of the LGC allows the
although not controlled by the government Sangguniang Panlalawigan in consultation with
but perform public functions [BSP/PNRC] – it the PHC to change the name of component cities
is because less than 50% of the BOARD are no and municipalities within its territorial jurisdiction.
longer appointed by the PRESIDENT.
The Sanggunian of highly urbanized cities and
Classification: independent component cities, component cities and
1. Quasi-Corporations – Public corporations created municipalities can change the name of their barangays
as agencies of the State for a narrow and limited also in consultation with PHC.
purpose. Their power relates to matters of state,
as distinguished from municipal concern. How about the changing of name of a province? Only
congress can change the same in view of the fact that
Note: Barangays – no longer Quasi Corporation as it is changing its name necessarily entails amendment of
now considered Municipal Corporations. Puroks have charter. Thus, only congress is empowered to do the
no Juridical Personality. They do not exist in law. It same.
may be a candidate of quasi corporations.
3) Inhabitants:
2. Municipal Corporations
Section 9, LGC: A local government unit may be
a) Elements: abolished when its income, population or land area
1) Legal Creation: The power to create is legislative has been irreversibly reduced to less than the
in nature. (only congress can create municipal minimum standards prescribed for its creation.
corporations)
What happens if it is abolished? It does not
Can it be delegated by Congress to another entity? automatically disappear from the map. It may simply
be merged with neighboring municipalities or cities as
a. Sema v. COMELEC, 558 SCRA 700 (2008) – It was the case may be.
held that in so far as the CREATION OF
MUNICIPALITIES IS CONCERNED, the delegation of 4) Territory: Must be defined by metes and bounds,
such power to create is valid.. However, insofar as the but see Mariano v. COMELEC, 242 SCRA 211:
creation of a city or a province is concerned, the present territory of the Municipality of Makati.
delegation is not valid as the creation of the same
necessarily entails creation of legislative districts the Note that the most charters of LGUs are defined by
power of which is EXCLUSIVELY vested to the metes and bounds (30 degrees south west, etc.)
congress. Hence, creation of municipalities is now
delegated to ARMM. However, in the case of Mariano v. COMELEC, 242
SCRA 211, the Charter of Makati City only defined the
territory as present territory of the Municipality of Autonomous region — consists of provinces, cities,
Makati shall constitute the city of Makati. At that municipalities, and geographical areas sharing
time, Makati had a pending boundary dispute with common and distinctive historical and cultural
Pasig. The charter was questioned. Held: SC sustained heritage, economic and social structures, and other
the Charter as an exception to the general rule. It was relevant characteristics within the framework of the
allowed by the SC saying that CONGRESS cannot constitution and the national sovereignty as well as
provide the metes and bounds as it will result to the territorial integrity of the republic of the
resolving the boundary dispute with Pasig. The Philippines.
resolution of which must be resolved by the proper
court. Administrative regions — are mere groupings of
contiguous provinces for administrative purposes.
Classification of Municipal Corporations: They are not territorial and political subdivisions like
1. Non-existent- provinces, cities, municipalities and barangays. While
2. De Facto the power to merge administrative regions is not
3. De Jure expressly provided for in the Constitution, it is a
power which has traditionally been lodged with the
De Facto Municipal Corporations — those where the President to facilitate the exercise of the power of
people have organized themselves, under color of law, general supervision over local governments.
into ordinary municipal bodies exercising their
powers, with their rights dependent quite as much as Devolution—refers to the act by which the national
on acquiescence as on the regularity of their origin. government confers power and authority upon the
various local government units to perform specific
Requisites of a De Facto Municipal Corporation: functions and responsibilities. [Section 17 (e, 2nd
(Note: once any of the requisites is missing, Municipal paragraph), LGC]
Corporation becomes non-existent or a usurper)
1. Valid law authorizing incorporation What is the status of municipal corporations created
2. Attempt in good faith to organize by Executive Order under Sec. 68 of the Administrative
3. Colorable compliance with the law Code of 1917? (to be later declared
4. Assumption of corporate powers UNCONSTITUTIONAL) This is the law by virtue of
which, the Municipality of Sto. Tomas was created.
Local Government — described as a political Held: An unconstitutional act is not a law; it confers no
subdivision of a nation or state which is constituted by right; it imposes no duties; it affords no protection; it
law and has substantial control of local affairs. These creates no office. Meaning, the LGUs created under
subdivisions are the following: the same were considered as non-existent
1. Provinces; corporation.
2. Cities;
3. Municipalities; To be a de facto, you need a valid law authorizing its
4. Barangays; incorporation (Municipality of Malabang v. Benito,
5. Autonomous Region of Muslim Mindanao March 28, 1968)
(ARMM);
6. Cordillera Administrative Region (CAR); Municipality v. Baz, 265 SCRA 182: The Municipality
7. Special metropolitan political subdivisions; of Sinacaban in Misamis Occidental was created by the
President pursuant to EO No. 258. Said law was
Created for the sole purpose of coordination of declared unconstitutional in 1965 in Pelaez v. Auditor.
delivery of basic services. Forty (40) years later, its existence was challenged.
What is its status?
8. Sub-provinces (as recognized by Article XVIII)
It is de facto in the sense that its legal existence has
Barangay — the basic political and territorial self- been recognized publicly and officially. It was
governing body corporate and is subordinate to the mentioned in BP 129 (a law defining court jurisdictions
municipality or city of which it forms part. – always mentioned Sinacaban in that law) and
Supreme Court Circulars. As of now (including the
Municipality Of Sto. Tomas), it is de jure because of against the Government. Ex. Holding of Fiesta,
Sec. 442 of the LGC. It provided that existing Kadayawan, having a slaughter house, operating its
municipalities organized pursuant to executive own schools are not governmental in nature.
issuances shall be considered regular municipalities.
Hence, it is considered de jure municipal corporations. Governmental Functions – Holding elections, Peace
and order functions
Why is knowing de facto status important? It is
important because once it acquires the status of de What are municipal corporations in the Philippines?
facto, its existence cannot be attacked collaterally. It Constitution, Art. X, Sec. 1: The territorial and political
can be attacked only by direct action through quo subdivisions of the Republic of the Philippines are the
warranto proceedings by the SolGen. For instance, in provinces, cities, municipalities, and barangays. There
the case of Manabang, which was declared to be shall be autonomous regions in Muslim Mindanao and
nonexistent, if am being prosecuted for violation of its the Cordilleras as herein provided.
ordinance, I can use the defense that the ordinance is
null and void because the LGU passing the ordinance Others:
is non-existent. You are attacking it collaterally! 1. Legislative Districts – representative unit, not a
However, this case cannot be used as a defense if it is corporate unit [Bagabuyo v. COMELEC, 573 SCRA
a de facto municipal corporation since ordinance 290 (2008)] – NOT considered LGU or not
passed by the same enjoys the presumption of validity considered Political and Territorial Subdivisions
until declared null and void in QW proceedings. It 2. Administrative Regions – groupings for
cannot be attacked collaterally. It can be attacked only administrative purposes [Chiongbian v. Orbos, 245
by quo warranto proceedings! SCRA 253 (1994)] – NOT considered LGU or not
considered Political and Territorial Subdivisions
Municipal Corporations by Estoppel / Prescription: 3. Special Metropolitan Political Subdivisions [Art. X,
One whose existence is presumed where it is shown Sec. 11 – “subject to plebiscite” basic services]
that the community has claimed and exercised MMDA v. Viron Transportation, 530 SCRA 341
corporate functions, with the knowledge and (2007) – SBMA – the creation of such is subject to
acquiescence of the legislature, and without plebiscite. It is not a Political and Territorial
interruption or objection for a period long enough to Subdivisions. Its only purpose is to facilitate
afford title by prescription. (NO CASE LIKE THIS UNDER delivery of basic services. They are not political
OUR JURISDICTION) units
4. Sub-Provinces – Art. XVIII, Sec. 9 [convert or revert
b) Nature and Function to mother province] – There’s no more Sub-
Provinces as of the moment.
Nature: It is a body politic and corporate constituted
by the inhabitants of a city or town for the purpose of Authority to Create Local Government:
local government thereof; it is established by law A local government unit may be created, divided,
partly as an agency of the state to assist in the civil merged, abolished, or its boundaries substantially
government of the country, but chiefly to regulate the altered:
local and internal affairs of the city or town. 1. Province, City, Municipality or any other political
subdivision — only by Act of Congress
Dual Nature: 2. Barangays — ordinance passed by the
1. Governmental – it is an agent of the state for the Sangguniang Panlalawigan or Panglungsod
government of the territory and the inhabitants or concerned in the case of any barangay within its
for carrying out the functions of government territorial jurisdiction
2. Private – it is like a business corporation
performing functions not strictly governmental or Requisites for Creation, Conversion, Division, Merger
political; as such, it acts for its own interests and or Dissolution of municipal corporations
not as agent of the state
Requisites of creation:
It is important to know these natures because these 1. Law or Charter (Note that all cities created are
will determine the Suability, Liability, and Execution with their own charter; the Revised Rules of
Criminal procedure should be revisited relative to Highly 200,000 100 sq. km. 50M
its provisions relating cases to be filed before MTC Urbanized [Sec. 452] and
in Cities (“in manila and other chartered cities – City or
should be construed to mean Cebu, Manila, and Component 150,000 or 100 sq. km. 100M
City [Sec. 450] and(not [RA
Davao”)
applicable 9009]
2. Plebiscite [Art. X, Sec. 10 – ”subject to the ifproposed city
approval by a majority of the votes cast in a tobe created
plebiscite in the political units directly affected.” composed of
[Padilla v. COMELEC, 214 SCRA 159 (1992)] 2or more
islands)
Prevailing Jurisprudence has it that in case of creation Province 250,000 or 2,000 sq. km 20M
[Sec. 460] (not applicable
of a new province, like for example the creation of
if proposed
ComVal, the Plebiscite should take place to political province to be
units directly affected. It should take place in created
Compostela Valley and Davao del Norte. composed of 2
or more
Classification of Cities: islands)
1. Highly urbanized cities as determined by law;
2. Cities not raised to the highly urbanized category Requisites before a province, city, municipality, or
but whose existing charters prohibit their voters barangay may be created, divided, merged, abolished,
from voting in provincial elections; and or its boundary substantially altered:
3. Component cities—cities which still are under a 1. It must be in accordance with the criteria
province in some way. They cannot be denied a established in the Local Government Code;
vote in the election of provincial officials. 2. It is subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
The creation or conversion of an LGU from one level affected. (Section 10, Article X)
to another level shall be based on verifiable indicators:
a) Income—must be sufficient, to provide for all Abolition — when the income, population or land
essential facilities and services commensurate area has been irreversibly reduced to less than the
with the size of its population; minimum standards prescribed for its creation, the
b) Population—based on total number of inhabitants LGU, thru a law or ordinance, may be abolished.
within the territorial jurisdiction of the LGU;
c) Land area—must be contiguous, unless it Notes:
comprises two or more islands or is separated by 1. Municipalities must comply with the population,
an LGU; properly identified by metes and bounds; area and income requirements
and sufficient to provide for such basic services 2. All cities must comply with the income
and facilities. requirement, and the population or area
requirement only
3. Provinces must comply with the income
Population Area Income
Barangay 2,000 N/A N/A requirement, and the population or area
(except requirement only
MM or in 4. While RA No. 9009 increased the income
HUCs, requirement for cities, it made no mention of the
5,000)[Sec. income requirement for highly urbanized cities
386]
and provinces, which seemed to have created
Municipality 25,000 and 50 sq. 2.5M
some discrepancies
[Sec. 442] km.and(not
applicable if
proposed Is a province made up of one or more islands
municipality to exempted from the land area requirement? Navarro v.
be created Ermita, 648 SCRA 400 (2011) – YES! Notwithstanding
composed of 2 the provisions of the LGC providing no exemption to
or more
the creation of province as to land area requirement.
islands)
Prevailing jurisprudence on the creation of province,
city, or municipality composed of islands has it that it NOTE: MMDA is not a local government unit.
need not comply the land area requirement if they are Consequently it has no police power. However, it can
composed of more than 2 islands. pass a rule pursuant to a law authorizing the same.
However, in the instant case, there is no such law.
Can a law be passed exempting a city from the income
requirement as provided in the Local Government a) No, since the MMDA does not have rule-
Code? League v. COMELEC, 643 SCRA 149 (2011) – making power.
Yes, the SC allowed it by virtue of the PLENARY b) Yes, it is a valid exercise of the power of
POWER of the Congress. This is allowed despite the subordinate legislation.
provisions of the LGC that “no Province, City, c) Yes, it is an implicit consequence of the law
Municipality can be created unless it shall comply the upon which it acted.
income requirement.” So Congress can create a d) No, the rule goes beyond the sphere of the
locality not consistent with the LGC by reason of its law. (Note: MMDA is not a local government
plenary powers. unit. Consequently it has no police power.
However, it can pass a rule pursuant to a law
If a city is downgraded from independent component directly authorizing the same. In the instant
to component city, must a plebiscite be conducted in case, there is no such law.
the areas affected? Miranda v. Aguirre, 314 SCRA 603
(1999) – This case involved the Cities of Santiago and Note also that it has been held that MMDA has no
Isabela. After the plebiscite, it became an independent power to prohibit the establishment or operation of
component city. However, Congress passed a law private terminals. It has no police power. It has no
downgrading such city from independent component rule-making power.
to component city without any requirement of
plebiscite. Issue: whether or not a plebiscite be had c) Principles of Local Autonomy
before a city can be downgraded to such. Held: A
plebiscite must be had because the downgrading will Section 2. The territorial and political subdivisions
affects the rights of the inhabitants of such city. For shall enjoy local autonomy.
instance, inhabitants of a component need to vote for
the Governor of the Province. Also is the fact that Autonomy and Decentralization – In Limbona v.
Ordinances legislated by component cities have to be Mangelen, 170 SCRA 786 (1989),the Court made this
reviewed by the sangguniang panlalawigan. Sharing of distinction. Now, autonomy is either decentralization
taxes as to RPTs between the Province and the of administration or decentralization of power (REAL
Component Cities, the Governor has administrative AUTONOMY).
supervision over the mayors of Component Cities.
Hence, plebiscite is a must as these rights will be There is decentralization of administration when the
affected. central government delegates administrative powers
to political subdivisions in order to broaden the base
Now, where will be the Plebiscite take place? In the of government power and in the process to make local
entire city? Or Province? This has not been settled for governments "more responsive and accountable,"
the moment. Observation has it, however, that all "and ensure their fullest development as self-reliant
inhabitants in the city and province will be affected by communities and make them more effective partners
these. STRANGE!!! in the pursuit of national development and social
progress." At the same time, it relieves the central
2011, No. 31. The Metro Manila Development government of the burden of managing local affairs
Authority (MMDA) passed a rule authorizing traffic and enables it to concentrate on national concerns.
enforcers to impound illegally parked vehicles, for the The President exercises "general supervision" over
first offense, and confiscate their registration plates them, but only to "ensure that local affairs are
for the second. The MMDA issued this rule to administered according to law." xxx
implement a law that authorized it to suspend the
licenses of drivers who violate traffic rules. Is the Decentralization of power (real autonomy), on the
MMDA rule valid? other hand, involves an abdication of political power
in the favor of local governments units declared to be Sec. 17 (e) of the Local Government Code defines
autonomous. In that case, the autonomous devolution as the act by which the National
government is free to chart its own destiny and shape Government confers power and authority upon the
its future with minimum intervention from central various local government units to perform specific
authorities. According to a constitutional author, functions and responsibilities. Thus, it is really
decentralization of power amounts to "self- decentralization.
immolation," since in that event, the autonomous
government becomes accountable not to the central Province of Batangas v. Romulo, May 27, 2004 –
authorities but to its constituency. Section 6, Article X of the Constitution reads: “Local
government units shall have a just share, as
Classic example is the Autonomous Regions like the determined by law, in the national taxes which shall
ARMM. Generally, all powers are conferred to them be automatically released to them.” Section 4 of AO
by the National Government, except they don’t have: 372, however, orders the withholding, effective
1. National Defense Power – They cannot have their January 1, 1998, of 10 percent of the LGUs' IRA
own army. "pending the assessment and evaluation by the
2. Foreign Affairs Power – They don’t have their own Development Budget Coordinating Committee of the
ambassadors emerging fiscal situation" in the country.
What kind of autonomy was given to LGU’s?It must 2007, No 8: The Provincial Governor of Bataan
be clarified that the constitutional guarantee of local requested the Department of Budget and
autonomy in the Constitution [Art. X, sec. 2] refers to Management (DBM) to release its Internal Revenue
the administrative autonomy of local government Allocation (IRA) of P100 million for the current budget
units or, cast in more technical language, the year. However, the General Appropriations Act
decentralization of government authority. provided that the IRA may be released only if the
province meets certain conditions as determined by
Villegas v. Subido, 37 SCRA 1; Cordellera Board an Oversight Council created by the President. Is this
Coalition v. COA, 181 SCRA 495 (1990) – refers to requirement valid?
decentralization of administration or administrative
decentralization. No! This violated the local (fiscal) autonomy of local
government units. This amounts to imposing
There is still a quarrel now as to what has been really conditions on the IRA. Settled is the rule that the IRA
decentralized or has not been. Just take a look at the has to be released automatically. You cannot impose
provisions of the LGC to determine the same. conditions to it before its release.
Fiscal Autonomy You cannot require the LGU to submit report as to the
expenditures of IRA before it can be released. It
Section 6, Article X. The local government units shall cannot be done.
have a just share, as determined by law, in the
national taxes which shall be automatically released d) Powers of Local Government Units (LGUs)
to them.
a. Police Power (General Welfare Clause) (valid
A share in the national taxes collected by the national subject and valid purpose requirement)
government is another source of revenue for local b. Eminent Domain
units. The amount will be “as determined by law.” This c. Taxing Power
is distinct from the taxes which the local government d. Closure and Opening of Roads
itself might impose. e. Legislative Power
1) Requisites for Valid Ordinance
Note: This provision is almost the same with the fiscal 2) Local Initiative and Referendum
autonomy enjoyed by the three branches of the f. Corporate Powers
government. 1) To Sue and Be Sued
2) To Acquire and Sell Property
3) To Enter Into Contracts
a) Requisites
b) Ultra Vires Contracts Within their respective territorial jurisdictions, local
g. Liability of LGUs government units shall ensure and support, among
h. Settlement of Boundary Disputes other things, the preservation and enrichment of
i. Succession of Elective Officials culture, promote health and safety, enhance the right
j. Discipline of Local Officials of the people to a balanced ecology, encourage and
1) Elective Officials support the development of appropriate and self-
a) Grounds reliant scientific and technological capabilities,
b) Jurisdiction improve public morals, enhance economic prosperity
c) Preventive Suspension and social justice, promote full employment among
d) Removal their residents, maintain peace and order, and
e) Administrative Appeal preserve the comfort and convenience of their
f) Doctrine of Condonation inhabitants.
2) Appointive Officials
k. Recall The General Welfare Clause is very important! This is
l. Term Limits the primary basis of local ordinances! Note also the
Social Justice Clause!
All powers of a local government unit are delegated.
In the absence of a provision in the Local Government 2) Social Justice Clause:
Code, its Charter or another statute, no power may be
exercised. The Constitution itself is silent, except as to Binay v. Domingo, 201 SCRA 511 (1991) – The
sources of revenue. This means that no power Municipality of Makati passed a resolution authorizing
directly emanates from the fundamental law. a Burial Assistance program of P500.00 to those
However, where there is a clear grant of power, whose income do not exceed P2,000. The COA
others may be implied for as long as they are disallowed disbursement. Is the resolution valid?
reasonably proper to give effect to the express power
or the purpose of the creation of the LGU (Implied The same is valid. The SC validated the same on the
Powers). basis of Social Justice Clause.
Basic Principles: Cash Transfer Program of DSWD is based on Social

1. As between the Central Government and an LGU, Justice which has been ruled to be valid under the
in case of doubt it is construed in favor of the Social Justice Clause.
latter. In view of principle of local autonomy: As to
whether or not the LGU is conferred with power b. Eminent Domain
2. As between the LGU and the individual, it is
construed in favor of the former. In view of Section 19. Eminent Domain. – “A local government
presumption of constitutionality: Because the unit may, through its chief executive and acting
exercise of power of the LGU enjoys the pursuant to an ordinance, exercise the power of
presumption of regularity or constitutionality eminent domain for public use, or purpose or welfare
for the benefit of the poor and the landless, upon
a. Police Power payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws:
Bases of exercise: Provided, however, That the power of eminent
1) General Welfare Clause: domain may not be exercised unless a valid and
definite offer has been previously made to the owner,
Section 16. General Welfare. – “Every local and such offer was not accepted:
government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well Provided, further, That the local government unit
as powers necessary, appropriate, or incidental for its may immediately take possession of the property
efficient and effective governance, and those which upon the filing of the expropriation proceedings and
are essential to the promotion of the general upon making a deposit with the proper court of at
welfare. least fifteen percent (15%) of the fair market value of
the property based on the current tax declaration of Under the LGC, the amount to be paid for the
the property to be expropriated: Provided, finally, expropriated property shall be determined by the
That, the amount to be paid for the expropriated proper court, based on the fair market value at the
property shall be determined by the proper court, time of the taking of the property. Under the Rules of
based on the fair market value at the time of the Court, , the amount to be paid for the expropriated
taking of the property. property shall be determined by the proper court,
based on the fair market value at the time of the
Note that the Sangguniang Panlalawigan cannot taking or the time of filing of expropriation, whichever
REVERSE the ordinance of the SB authorizing the comes first. Take Note! Moreover, in case of LGU,
expropriation proceedings except when it is ultra noteworthy is the fact that Substantive law prevails
vires. Meaning when it is beyond LGU power. But note over procedural law. Hence, LGC should apply.
that LGU is conferred with the power of eminent
domain. So in the end, ordinance of the SB authorizing c. Taxation
the expropriation proceedings can never be REVERSED
on the ground of ULTRA VIRES. But LGU has to Part of Review in Taxation: Local Taxation
endorse said ordinance to SP as strictly required by
the Local Government Code. 1999, No. 5: Under the 1987 Constitution, what are
the main sources of revenues of local government
Requisite for exercise: units? Taxes, Charges and Fees
1. Exercised by the local chief executive acting
pursuant to a valid ordinance (not pursuant to a 1987, No. 5: State whether or not the following city
Resolution); the barangay can institute ordinances are valid and give reasons in support of
expropriation proceedings through the barangay your answer.
chief executive!!
2. For public use or welfare, for the benefit of the (a) An ordinance prescribing the use of local dialect as
poor and the landless; usually for socialized medium of instruction in the primary grades. Invalid!
housing The Rule is that Filipino is the medium of instruction
3. Only after a valid and definite offer had been unless otherwise provided for by law! Only Congress
made to and not accepted by the owner. can abolish the same by means of a law. It cannot be
4. Follow priority of acquisition in the Urban done through an Ordinance!! However, Auxiliary
Development and Housing Act – Estate v. City of medium of instruction can be done in local dialect and
Manila, 422 SCRA 551 (2004): if the purpose is not as the principal medium of instruction.
socialized housing – Private property the last
priority under that law to be expropriated. (b) An ordinance imposing a special assessment on
Expropriate and exhaust first public property! business establishment to raise funds for construction
and maintenance of roads in a private subdivision.
Some reminders: Invalid! Public funds cannot be used for private
1. Amount required for issuance of writ of purpose.
possession.
(c) An ordinance prohibiting barbershop operators
Under the LGC, at least fifteen percent (15%) of the from rendering massage service to their customers in a
fair market value of the property based on the current separate room. Valid! To protect morals. Not unduly
tax declaration of the property to be expropriated.. oppressive!
Under the Rules of Court, it is the Full Value of the
property based on the Assess Value for taxation d. Closure and Opening of Roads
purposes! Now, if it is the LGU expropriating, apply
the Local Government Code. If otherwise, like NPC and Section 21. Closure and Opening of Roads. -
others, you apply the RULES OF COURT!
(a) A local government unit may, pursuant to an
2. Time of reckoning for just compensation. [City of ordinance, permanently or temporarily close or open
Cebu v. Sps. Dedamo, 381 SCRA 754 (2002)] any local road, alley, park, or square falling within its
jurisdiction: Provided, however, That in case of
permanent closure, such ordinance must be approved Yes! It can be closed permanently! A local government
by at least two-thirds (2/3) of all the members of the unit may, pursuant to an ordinance, permanently or
sanggunian, and when necessary, an adequate temporarily close or open any local road, alley, park,
substitute for the public facility that is subject to or square falling within its jurisdiction. Hence the City
closure is provided. of Dagupan may lawfully convert the park to prawn
ponds and lease the same in its proprietary functions.
(b) No such way or place or any part thereof shall be
permanently closed without making provisions for 2. May the City of Dagupan and XYZ corporation
the maintenance of public safety therein. A property validly enter into a lease contract for the prawn
thus permanently withdrawn from public use may be ponds?
used or conveyed for any purpose for which other
real property belonging to the local government unit Yes! Remember that a Municipal Corporations has
concerned may be lawfully used or conveyed: dual personality. It can act its proprietary functions. It
Provided, however, That no freedom park shall be is not covered by the constitutional prohibitions as the
closed permanently without provision for its transfer subject said property ceases already to be a lands of
or relocation to a new site. Public Domain. As such, Foreign Corporations can
lease the same from the City of Dagupan. (Cebu
(c) Any national or local road, alley, park, or square Oxygen v. Berceles, 66 SCRA 481)
may be temporarily closed (Note: No power to
permanently close the same) during an actual 1997, No. 9: Due to over-crowding in the public market
emergency, or fiesta celebrations, public rallies, in Paco, Manila, the city council passed an ordinance
agricultural or industrial fairs, or an undertaking of allowing the lease to vendors of parts of the streets
public works and highways, telecommunications, and where the public market is located, provided that the
waterworks projects, the duration of which shall be lessees pay the city government a fee of P50,000 per
specified by the local chief executive concerned in a square meter of the area occupied by them. The
written order: Provided, however, That no national residents of the area complained to the Mayor that
or local road, alley, park, or square shall be the lease of public streets would cause serious traffic
temporarily closed for athletic, cultural, or civic problems to them. The Mayor cancelled the lease and
activities not officially sponsored, recognized, or ordered the removal of the stall constructed on the
approved by the local government unit concerned. streets. Was the act of the Mayor legal?
(d) Any city, municipality, or barangay may, by a duly The principle is that the LGU cannot lease a portion of
enacted ordinance, temporarily close and regulate its PUBLIC street without permanently closing it. In the
the use of any local street, road, thoroughfare, or any instant case, there was no approval of at least 2/3 of
other public place where shopping malls, Sunday, the SP declaring the permanent closure thereof.
flea or night markets, or shopping areas may be Consequently, the street did not cease to be a public
established and where goods, merchandise, property. Hence, it is outside the commerce of man..
foodstuffs, commodities, or articles of commerce may It cannot be subject to lease. There should have been
be sold and dispensed to the general public. valid conversion thereof!
1990, No. 8: XYZ, a corporation organized under the e) Legislative Power

laws of Hongkong, with 100% foreign equity, obtained 1) Requisites for Valid Ordinance
from the SEC a license to operate a prawn hatchery 2) Local Initiative and Referendum
projects on a piece of land leased from the City of
Dagupan. The land was formerly a park and plaza Who exercise it?Section 48. Local Legislative Power. -
belonging to the city and was converted by the city to Local legislative power shall be exercised by the
derive much needed funds. sangguniang panlalawigan for the province; the
sangguniang panlungsod for the city; the
1. May the City of Dagupan lawfully convert the park sangguniang bayan for the municipality; and the
to prawn ponds and lease the same? Explain. sangguniang barangay for the barangay.
1. the sangguniang panlalawigan for the province;

2. the sangguniang panlungsod for the city; (15) days in the case of a province, and ten (10) days
3. the sangguniang bayan for the municipality; and in the case of a city or a municipality; otherwise, the
4. the sangguniang barangay for the barangay. ordinance shall be deemed approved as if he had
signed it.
Section 49. Presiding Officer. -
(a) The vice-governor shall be the presiding officer of Grounds for Veto
the sangguniang panlalawigan; the city vice-mayor,
of the sangguniang panlungsod; the municipal vice- Section 55. Veto Power of the Local Chief Executive. -
mayor, of the sangguniang bayan; and the punong (a) The local chief executive may veto any ordinance
barangay, of the sangguniang barangay. The of the sanggunian panlalawigan, sangguniang
presiding officer shall vote only to break a tie. panlungsod, or sanggunian bayan on the ground that
it is ultra vires or prejudicial to the public welfare,
1. The vice-governor shall be the presiding officer of stating his reasons therefor in writing.
the sangguniang panlalawigan;
2. the city vice-mayor, of the sangguniang Note the grounds for VETO:
panlungsod; 1. ULTRA VIRES (beyond the power of the local
3. the municipal vice-mayor, of the sangguniang legislative department)
bayan; and 2. PREJUDICIAL TO THE PUBLIC WELFARE (very broad
4. the punong barangay, of the sangguniang like that of the President!)
barangay.
Note that the grounds for Veto of the President is not
The presiding officer shall vote only to break a tie provided for by the Constitution. Hence, it can be said
that he has more grounds to veto as compared to LCE
Observe the distinction of the presiding officer which is limited to the aforementioned 2 grounds.
herewith with those of the Senate and the Lower
House. Under the constitution, the Senate President (b) The local chief executive, except the punong
or the House Speaker is the presiding officer of the barangay, shall have the power to veto any
respected houses. Note also that in the National particular item or items of an appropriations
Structure, they have bicameral structure, the lower ordinance, an ordinance or resolution adopting a
and the senate. Here, we follow the unicameral local development plan and public investment
structure. program, or an ordinance directing the payment of
money or creating liability. In such a case, the veto
Procedure for Approval shall not affect the item or items which are not
objected to. The vetoed item or items shall not take
Section 54. Approval of Ordinances. - effect unless the sanggunian overrides the veto in the
(a) Every ordinance enacted by the sangguniang manner herein provided; otherwise, the item or items
panlalawigan, sangguniang panlungsod, or in the appropriations ordinance of the previous year
sangguniang bayan shall be presented to the corresponding to those vetoed, if any, shall be
provincial governor or city or municipal mayor, as the deemed reenacted.
case may be. If the local chief executive concerned
approves the same, he shall affix his signature on Taking a look at the provisions above, the PUNONG
each and every page thereof; otherwise, he shall veto BARANGAY has no VETO POWER for obvious reason
it and return the same with his objections to the that he is the presiding officer of Sangguniang
sanggunian, which may proceed to reconsider the Barangay. Otherwise, absurdity results.
same. The sanggunian concerned may override the
veto of the local chief executive by two-thirds (2/3) Note that the ITEM VETO POWER of the President
vote of all its members, thereby making the applies only to appropriation, tariff or revenue bills.
ordinance or resolution effective for all legal intents Here, the item veto power of the Local Chief Executive
and purposes. may be had on:
1. appropriation ordinances; or
(b) The veto shall be communicated by the local chief
executive concerned to the sanggunian within fifteen
2. an ordinance or resolution adopting a local
development plan and public investment (d) If no action has been taken by the sangguniang
program; or panlalawigan within thirty (30) days after submission
3. an ordinance directing the payment of money or of such an ordinance or resolution, the same shall be
creating liability presumed consistent with law and therefore valid.
No mention that LCE can veto revenue ordinances! It Note that these provisions apply only in so far as
is not subject to item veto by the LCE. component cities and municipalities are concerned!
This does not apply to highly urbanized cities and
(c) The local chief executive may veto an ordinance or independent component cities.
resolution only once. The sanggunian may override
the veto of the local chief executive concerned by This can be related to what happen to the tax
two-thirds (2/3) vote of all its members, thereby ordinance passed by the City of Tagum. It forwarded
making the ordinance effective even without the the same to the Sangguniang Panlalawigan for review.
approval of the local chief executive concerned. Surprisingly, the Provincial SP had it forwarded back to
the City Sangguniang with a comment or suggestion
Review by Sangguniang Panlungsod for rectification.. The problem now is that the City is
committed to implement the same since SP has not
Section 56. Review of Component City and Municipal declare the same to be invalid and taking into
Ordinances or Resolutions by the Sangguniang consideration that it has not been acted by the SP
Panlalawigan. within 30 days from submission thereof. It only
commented for rectification. The problem now arises
(a) Within three (3) days after approval, the secretary as there was no clear statement of the SP as to
to the sanggunian panlungsod or sangguniang bayan whether or not it declared such ordinance invalid in
shall forward to the sangguniang panlalawigan for whole in part!! But note however it cannot be said
review, copies of approved ordinances and the that the said ordinance enjoys the presumption of
resolutions approving the local development plans validity since there was an action from the SP during
and public investment programs formulated by the that period when it forwarded the same with a
local development councils. comment for rectification. While there was no
declaration of disapproval, there was an action made
(b) Within thirty (30) days after the receipt of copies by the SP when it forwarded back the same with the
of such ordinances and resolutions, the sangguniang said comment for rectification. This is a big problem.
panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there 1996, No. 12:
be none, to the provincial prosecutor for prompt 1. How does the local legislative assembly override the
examination. The provincial attorney or provincial veto of the local chief executive of an ordinance? BY ¾
prosecutor shall, within a period of ten (10) days VOTE!! 2/3 VOTE !!!
from receipt of the documents, inform the
sangguniang panlalawigan in writing of his 2. On what grounds can a local chief executive veto an
comments or recommendations, which may be ordinance? ULTRA VIRES (beyond the power of the
considered by the sangguniang panlalawigan in local legislative department) – prejudicial to the public
making its decision. welfare
(c) If the sangguniang panlalawigan finds that such 3. How can an ordinance vetoed by a local chief
an ordinance or resolution is beyond the power executive become a law without it being overridden by
conferred upon the sangguniang panlungsod or the local legislative assembly?
sangguniang bayan concerned (ULTRA VIRES), it shall
declare such ordinance or resolution invalid in whole Two possible answers:
or in part. The sangguniang panlalawigan shall enter 1. When the LCE vetoes an ordinance for the 2nd
its action in the minutes and shall advise the time because he is only allowed to veto once. His
corresponding city or municipal authorities of the second veto can be considered null and void.
action it has taken.
2. When the LCE failed to communicate his veto franchise, in the end you are prohibiting already!!
within fifteen (15) days in the case of a province, Hence, it will not be valid ordinance!! Valid
and ten (10) days in the case of a city or a regulation would be giving respective routes to
municipality to the concerned Sanggunian. franchise applicants!
Consequently, it is as if the ordinance is approved e. consistent with public policy (equality of men and
by him. women)
f. reasonable [Magtajas v. Pryce, 234 SCRA 255
1993, No. 6: Mayor Lim closed the funhouses in Ermita (1994)]
district suspected of being fronts for prostitution. To
determine the feasibility of putting up a legalized red Magtajas v. Pryce, 234 SCRA 260 (1994) – The
light district, the city council conducted an inquiry and ordinance of Cagayan de Oro City prohibited the
invited operators of the closed funhouses to get their operation of casinos by the Philippine Gaming and
views. No one honored the invitation. The city council Amusement Corporation, which has been specifically
issued subpoenas to compel attendance of the authorized by PD 1869 to regulate gambling. Is it
operators but which were completely disregarded. valid? Not a valid ordinance! It must not contravene
The council declared the operators guilty of contempt the statute. If a law authorizes the same, an ordinance
and issued warrants for their arrest. cannot prohibit it. If the law prohibits it, the ordinance
cannot allow it.
1) Is the council empowered to issue subpoena to
compel their attendance? Tano v. Socrates, 218 SCRA 154 (1997) – The City of
Puerto Princesa and the Province of Palawan,
Note that under the constitutional law, the power to respectively, passed ordinances banning the shipment
compel attendance and cite for contempt in case of of live fish and lobsters outside the city and
noncompliance is inherent to legislature as it is prohibiting the catching and selling of corral dwelling
necessary to effective legislation.. However as to local aquatic organisms in Palawan Waters. Is it valid? It is
government units, its power is only delegated. Thus, if valid! It is not contrary to any law passed by congress.
none is delegated, it cannot exercise the same.. Under While it seems to prohibit, the local government unit
the Local Government Code, they cannot issue is mandated to protect the environment.
subpoena to compel attendance. They can only issue
invitations. If the same is not honored, they cannot Sec. 12 of E.O. No. 79, Series of 2012: LGU shall
cite concerned people in contempt. This has been confine themselves only to the imposition of
settled in the below jurisprudence. reasonable limitations on mining activities conducted
within their respective territorial jurisdiction that are
2) Does the council have the power to cite for consistent with national laws and regulations.
contempt?Negros Oriental v. Sanggunian, 155 SCRA
421 This can be referred to the ordinance of Provincial
Government of South Cotabato prohibiting open pit
Requisites for Valid Ordinance: mining. Had the said EO expressly provided the
a. does not contravene a statute or the Constitution allowance of open pit mining, such ordinance could
b. not unfair or oppressive (to other rights) have been considered illegal as it would contravene
c. not discriminatory (should not violate equal the EO! A cursory reading of the entire provision of
protection clause) the EO, there seems to be no provisions on what
d. not prohibit but regulate trade (note the Beltran methods are allowed or not allowed!! Hence, it can be
decision prohibiting the operation of private blood said that such ordinance violates no law or regulation
banks as an exception to the GR); apparently, such as it only regulates the manner of operating mining. It
exception applies only to laws passed by congress. only prohibits open pit mining! It does not prohibit
Local ordinance cannot prohibit trade!!! For mining at all.
instance, an ordinance providing that only 5
tricycle franchises shall be issued. It will amount to 1991, No. 10. The municipality of Alcoy, Cebu, passed
prohibition actually since after the issuance of 5 Ordinance No. 10 requiring owners of buildings to
franchises, nothing will be had amounting to keep and maintain them in a sanitary condition, and
prohibition.. While it seems to be regulating the should they fail to do so, cause them to be cleared and
kept in sanitary condition and the cost thereof to be a) For initiation before the Sanggunian, you need the
assessed against the owner, which cost shall constitute required signatures prescribed by the Local
a lien against the property. It further penalizes Government Code (1000 votes.. Etc.)
violation thereof with a fine not exceeding P1,000.00 b) If not acted upon by the Sanggunian, Gather the
or imprisonment of one (1) year. Is the ordinance signatures of at least 10% of the registered voters
valid? of which at least 3% represents from every
barangay in order to submit the questions to the
No!! It is not a valid ordinance. A municipality can people!!
impose only a penalty not exceeding 6 months. Trust c) It the no. 2 is complied with, we will now have the
the authority. There is valid exercise of police power. referendum by which the proposed legislation
It is not oppressive, reasonable, with valid subject and shall be approved by majority of the registered
purpose, but the penalty imposed exceed to that voters. The ordinance shall take effect WITHIN 15
provided by law. days after COMELEC CERTIFICATION.
Procedure: Sec. 120, LGC Take note! In the constitution, the law passed through
initiative or referendum takes effect on the day of its
1. Petition proposing the enactment, repeal, ratification!!! When it comes to laws pass through
amendment of ordinance (Initiative): congress, it shall take effect 15 days from publication
in the newspaper of general circulation or in the
Required number of signatories (registered voters): official gazette
a) 1,000 – provinces/cities
b) 100 - municipalities In local legislation through initiative, it shall take effect
c) 50 - barangays within 15 days after COMELEC certification.
to be filed with Sanggunian
Limitations: (local initiative and referendum)
This is totally different in Initiative of National 1. It can extend only to matters within the power of
Legislation wherein it is required at least 10% of the the Sanggunian;
registered voters of which at least 3% should come 2. The power shall not be exercised more than once
from or represents the legislative district. a year, but 2 or more propositions are allowed in
one initiative. So a law can be repealed by
2. If no favorable action is made by the Sanggunian initiative only once a year.
within 30 days, the voters can resort to initiative.
The proposition is prepared and the proponents Remember the limitations of initiative and
are given 90, 60, or 30 days, as the case may be, to referendum in national legislation.
collect the necessary signatures. (signed before 1. It can extend to any matter except that when
election registrar) there is a law giving emergency powers to the
president which cannot be repealed by initiative
(e) A referendum of initiative on an ordinance passed within 6 months from the time it takes effect.
in a municipality shall be deemed validly initiated if 2. Laws can be passed through initiative as often as it
the petition therefor is signed by at least ten per can be but you cannot amend the constitution
centum (10%) of the registered voters in the more than once in every 5 years.
municipality, of which every barangay is represented
by at least three per centum (3%) of the registered Repeal:
voters therein. [RA 6735, Sec. 5]
Section 125. Any proposition or ordinance approved
3. If majority approves it, the measure takes effect through the system of initiative and referendum as
within 15 days after COMELEC certification. herein provided shall not be repealed, modified or
amended by the Sanggunian concerned within 6
Take note that there is really a difference between the months from the date of the approval thereof, and
provision of the local government code and the law may be amended, modified or repealed by the
providing the Initiative and Referendum. So follow the Sanggunian within 3 years thereafter by a vote of ¾
hereunder: of its members, Provided, that in the case of the
barangays, the period shall be 18 months from the continues the Office. The point simply is that the LCE
approval thereof. represents the LGU in any suit leveled by or against it.
Freedom Period: Who represents the LGU in suits?City Council v.

1. Province, City, Municipality: Cuizon, 47 SCRA 327 (1992): The members of the City
---------------/--------------------------------------/--------------- Council of Cebu for themselves and for the City sued
6 months 6 months/1 day to 3 years after 3 years the mayor, treasurer and others no nullify a contract
for the purchase of road equipment entered by the
2. Barangay: mayor. The contract was entered without
--------------------/----------------------------------/--------------- authorization by the council. Defendants questioned
18 months 18 months/1 day to 3 years after 3 years the capacity of plaintiff to sue? Derivative or
representative suit?
Garcia v. COMELEC, 237 SCRA 279 (1994) – Can
resolutions be the subject matter of initiative and Applying the provisions of the Corporation Code, the
referendum? plaintiffs can sue by virtue of DERIVATIVE OR
REPRESENTATIVE SUIT. The members of the
The SB of Morong, Bataan passed a resolution joining corporation can question the acts of the members of
to the territorial coverage of the SBMA. There was an the board.. The members of the City Council of Cebu
initiative to oppose the resolution! Held: Yes!! It can can file suit questioning the acts of the LCE or the
even if not stated by law. Executive Department. This is an EXCEPTION to the
GENERAL RULE that only the LCE can represent the
f) Corporate Powers LGU in filing a suit.
Section 22. Corporate Powers. - Can an LGU hire a private lawyer to represent it?
(a) Every local government unit, as a corporation, 1. Municipality v. CA, 233 SCRA 484 (1994) – not
shall have the following powers: allowed
(1) To have continuous succession in its 2. Province v. IAC, 147 SCRA 447 (1986) – allowed
corporate name;
(2) To sue and be sued; The Municipality of Tanay filed a suit against
(3) To have and use a corporate seal; Philippine petroleum and it was represented by a
(4) To acquire and convey real or personal private lawyer. It won the case, got an award and
property; later the lawyer claimed P12 million as his attorney’s
(5) To enter into contracts; and fees which it tried to enforce against the judgment
(6) To exercise such other powers as are granted debtor. Can the Municipality validly hire a private
to corporations, subject to the limitations lawyer?No! The municipality is not allowed to hire
provided in this Code and other laws. private lawyer. In the end actually, it will be
disallowed by the COA.
To sue and be sued:
Rules:
Does the doctrine of state immunity from suit extend 1. Provinces and cities must have legal officers
to municipal Corporations? It can sue and be sued! In (MANDATORY); hiring of lawyers by municipalities
passing the Local Government Code, the Congress is optional
waived the Immunity from suit supposedly enjoyed by 2. Municipalities will be represented by the
the Local Government Unit. This has been settled by Provincial Legal Officer; the municipality cannot
virtue of the charter of the LGU’s which provide that it hire private lawyer. Otherwise, the private lawyer
can sue and be sued!! It is represented by the LCE or cannot be paid for the services that may be
the Mayor. You sue the Municipality duly represented rendered.
by the Mayor. Remember the Rules of Civil Procedure 3. If disqualified, the Provincial Prosecutor
when you sue the official in his own official capacity represents the municipality. This happens when
and a new official assumed the office or takes over the the Provincial Legal Officer is in a situation where
office, the suit may be dismissed unless the old official he is not allowed or cannot represent the
Municipality as when he is a relative to any of the
party, or as when the suit is between the Sec. 22 (c) Unless otherwise provided in this Code, no
Provincial Government and Municipality. The contract may be entered into by the local chief
provincial prosecutor represents the municipality. executive in behalf of the local government unit
without prior authorization by the sanggunian
Note that when the City of Panabo was newly created, concerned. A legible copy of such contract shall be
the City Fiscal represents the City as provided in its posted at a conspicuous place in the provincial
charter. capitol or the city, municipal or barangay hall.
4. If provincial prosecutor is disqualified (suit 1995, No. 4. What are the conditions under which a
between province and municipality, or between local chief executive may enter into a contract in
executive and legislative of the province), request behalf of his government unit?
the Department of Justice to assign an acting
provincial prosecutor or hire a private lawyer. The following are the conditions under which a local
executive may enter into a contract in behalf of the
This is only the instance where the municipality can government until:
hire a private lawyer without being disallowed by (1) The local government unit must have the power
COA. This is the only extreme measure where private to enter into the particular contract;
lawyers are allowed to be hired. (2) Pursuant to Section 22(c) of the Local Government
Code, there must be a prior authorization by the
Mancenido v. CA, 330 SCRA 419 (2000) – School sangguniang concerned, and a legible copy of the
teacher filed a case for mandamus to compel payment contract shall be posted at a conspicuous place in
of their salaries and damages against the provincial the provincial capitol or the city, municipal or
governor and the Sangguniang Panglungsod. The barangay hall.
teachers won the case and the provincial officials filed (3) In accordance with Sections 46 and 47, Chapter 8,
a notice of appeal through a private counsel. The Subtitle B. Book V of the 1987 Administrative
teachers moved dismiss the appeal claiming that the Code, if the contract Involves the expenditure of
province can only be represented by the Provincial public funds, there must be an appropriation
Legal officer, or in his absence the provincial therefore and a certificate of availability of funds
prosecutor. Can they hire private counsel? Who is by the treasurer of the local government unit.
sought to be held liable? (4) The contract must conform with the formal
requisites of written contracts prescribed by law.
What really happened in this case was that the (5) Pursuant to Section 2068 of the Revised
plaintiffs sued for mandamus and damages against the Administrative Code, if a province is a party to a
governor and SP members in their personal capacity. contract conveying title to real property, the
Hence, it was ruled by the SC that the defendant contract must be approved by the President.
provincial governor and the SP members can hire Under Section 2196 of the Revised Administrative
private lawyers as the outcome of the case could Code, if a municipality is a party to a contract
result to personal liability. conveying real property or any Interest in it or
creating a lien upon it, the contract must be
Held: Considering that the plaintiffs are suing for approved by the provincial governor.
damages, the defendants can hire private lawyers as
the outcome of the case could result to their personal Ultra Vires Contracts:
liability. Otherwise, the defendants could be deprived 1. Outside of its corporate powers (EX. Selling of a
of their property without due process of law if not national road by LGU)
allowed to hire their own counsel. The rule is that 2. Outside the scope of the agent’s [executive’s]
suits for mandamus or injunction, you cannot hire authority (EX. When the mayor acts outside of the
private lawyers. authority granted to him)
To Acquire and Sell Property and Enter into Validity: Can it be ratified? No. 1 cannot be ratified by
Contracts: the Sanggunian or council because in the first place
the LGU has no power to do such. But as to no.2, it

can be ratified by the council by means of a resolution
ratifying the contract entered into by the LCE. To summarize, old cases made a distinction between
torts (intentional or negligent acts causing damage to
As to the second type, how is it ratified? third persons)and governmental and proprietary acts.
1. EXPRESS RATIFICATION by means of a Sanggunian
Resolution Exceptions:
2. IMPLIED RATIFICATION – Provincial Board of Cebu 1. Art. 2189 of the Civil Code, (Municipal
case – this happens when the council or Governments or LGU) they are liable for defective
Sanngunian accepts benefits under the contract conditions of roads under their control and
supervision. The issue here is not ownership.
g) Liability of LGUs:
Guilatco v. City, 171 SCRA 382 (1989) – Here, the
Section 24. Liability for Damages. - Local government distinction as to whether or not the LGU exercises
units and their officials are not exempt from liability proprietary or government function is not applicable.
for death or injury to persons or damage to property. Here, if you fall to a manhole under the control and
supervision of LGU, the latter can be held liable, or
For Torts:(old case) when you met an accident by reason of defective road
Municipality v. Firme, 195 SCRA 694 (1991) – A man conditions, the LGU is liable.
died due to a collision between a jeepney and a dump
truck owned by the municipality of San Fernando. At 2. Art. 2180 provides that the state is liable when it
the time, the dump truck driver was on his way to the acts through a special agent. Paras says it applies both
river to haul sands for the repair of a road. Is it liable? to the central and local government. It acts through a
Is it proprietary or governmental? This happened prior special agent when the officer or employee does an
to effectivity of LGC. If the dump truck driver was on act “foreign to his usual duties.”
his way to the river to haul sands for the repair of a
road, it is performing a governmental function. Hence, If a driver of LGU met an accident, the former does
it is not liable. not act foreign to his usual duties. So here the driver is
not a special agent, he will be held personally liable,
Torio v. Fontanilla, 85 SCRA 602 (1978) – The and not the LGU. However, when a clerk is made to
municipal council passed a resolution to manage the drive and met an accident, the LGU will be held liable.
town Fiesta. It appropriated amounts for the
construction of a stage for the zarzuela. During the New Case: Jaime v. Apostol, 572 SCRA 41 (2008) –
night of the fiesta, due to overweight, the stage Mayor Miguel of Koronadal, South Cotabato, was on
collapsed killing one person. Is the municipality board the Isuzu pick-up truck driven by Fidel Lozano,
liable? Are the councilors liable? Sponsoring or an employee of the Municipality of Koronadal
managing town fiesta is a proprietary function. Hence, assigned to the Mayor, when it hit and killed a
the LGU can be held liable. pedestrian. The pick-up truck was registered under
the name of Rodrigo Apostol. The driver borrowed
Are the councilors personally liable? No! This premised the pick-up truck from Simbulan to bring Miguel to
on the settled rule that the LGU is a corporate entity Buayan Airport at General Santos City to catch his
with distinct and separate personality from its officials Manila flight. There was no doubt that Lozano was
or members of the Sanggunian. Hence, they are not driving at a very high speed. Is Mayor Miguel or the
personally liable. Municipality of Koronadal, as the employer of Lozano,
liable for the death of the victim?
As to councilors, Art. 27 of the Civil Code applies only
to non-feasance, not to malfeasance or negligence. Held: Mayor Miguel cannot be held liable because it
They are simply like members of the Board of a private was the Municipality of Koronadal which was the
corporation which has a separate personality. lawful employer of Lozano at the time of the accident.
It is uncontested that Lozano was employed as a
Art. 27 provides for the liability of the local driver by the municipality. That he was subsequently
government unit for refusal or neglect of officials to assigned to Mayor Miguel during the time of the
perform duty without just cause. accident is of no moment. Unfortunately, the
municipality may not be sued because it is an agency persons ex contracto; Take note that operating a
of the State engaged in governmental functions and, cemetery is not governmental function. It is actually
hence, immune from suit (something is wrong here, patrimonial in nature. Hence, it is liable to third
take note that the LGU can sue and be sued). This person ex contracto.
immunity is illustrated in Municipality of San
Fernando, La Union v. Firme, where this Court held: It Province v. IAC, 147 SCRA 451 (1987) – An LGU is
has already been remarked that municipal liable for accepting benefits under a contract for legal
corporations are suable because their charters grant services which was improperly entered into by the
them the competence to sue and be sued. governor, without objection from the Sanggunian. An
Nevertheless, they are generally not liable for torts LGU is also liable for implied contracts. This is a clear
committed by them in the discharge of governmental case of implied ratification when the Sanggunian
functions and can only be held answerable only if it accepts benefits under the contract.
can be shown that they were acting in proprietary
capacity. In permitting such entities to be sued, the Enforcement of Decisions:
State merely gives the claimant the right to show that 1. As to property – not subject to execution, except
the defendant was not acting in governmental property held in its proprietary capacity – Toco v.
capacity when the injury was committed or that the Municipal Council of Iloilo, 49 Phil. 52: note the
case comes under the exceptions recognized by law. exception that properties held by in its LGU’s
Failing this, the claimant cannot recover. (There seems proprietary capacity can be subject to execution.
to be confusion between suability and liability) 2. As to funds – not subject to execution, except if
there was a prior appropriation ordinance. (Pasay
Apparently, SC applied the distinction as to whether or City v. CFI,132 SCRA 156)
not the LGU was acting in governmental capacity
when the injury was committed or in its proprietary Nessia v. Fermin, 220 SCRA 615 (1993) – A case was
function. It disregarded the express provision on filed against the mayor to compel him to approve
Liability of LGUs: “Section 24. Liability for Damages. - travel expenses of an employee incurred in his official
Local government units and their officials are not capacity. The mayor anchored his defense on the
exempt from liability for death or injury to persons or ground that there was no appropriation for the
damage to property” (without any distinction – amount.
governmental or proprietary).
“If the municipal mayor fails or refuses to make the
Liability for Contracts:Martin case seems to assume necessary appropriations, petitioner may bring an
that they are liable whether the contract is action against the municipality for the recovery of
governmental or proprietary. what is due them and after securing a judgment
therefor, seek a writ mandamus against the municipal
In the Torio case(follow this one; prevailing council and the municipal mayor to compel the
jurisprudence), the statement appears that municipal enactment and approval of the appropriation
corporations are liable in their proprietary functions, ordinance necessary therefor.” FILE MANDAMUS!
ex contract and ex delicto. TAKE NOTE THIS CASE!
Note: If the contract entered into by the LGU is Municipality v. Dumdum, 616 SCRA 315 (2010) –
proprietary, it waives its immunity from suit. Hence, it Plaintiff, a businesswoman, entered into a contract
is liable. Distinctions must be had. with the Municipality of Hagonoy, Bulacan for the sale
of 21 surplus motor vehicles worth P5,820,000.
City v. IAC, 179 SCRA 428 (1989) – The City of Manila However, despite having made several deliveries, the
owns a burial ground and it leased a portion of the municipality failed to pay. Subsequently, the trial
same for 50 years to Irene Sto. Domingo. Believing court issued a writ of preliminary attachment directing
that the lease was only for 5 years, the city mayor the sheriff "to attach the estate, real and personal
ordered the bodies exhumed after the period and properties" of the municipality. Is the municipality
proceeded to lease the property to another who also immune from suit? Can a writ of preliminary
turned it into a burial ground. Is the city liable for attachment be issued against it?
damages? Patrimonial property – liable to third
Held: The general rule spelled out in Section 3, Article 2009, IV. The Municipality of Pinatukdao is sued for
XVI of the Constitution is that the state and its political damages arising from injuries sustained by a
subdivisions may not be sued without their consent. In pedestrian who was hit by a glass pane that fell from a
the case of LGUs, consent is given in Book I, Title I, dilapidated window frame of the municipal hall. The
Chapter 2, Section 22 of the Local Government Code municipality files a motion to dismiss the complaint,
of 1991, which vests local government units with invoking state immunity from suit. Resolve the motion
certain corporate powers --one of them is the power with reasons.
to sue and be sued. But suability is distinct from
liability. Where the State gives its consent to be sued Motion must be denied. LGU can be sued pursuant to
by private parties either by general or special law, it the LGC provisions.. Suability is not anymore an issue!!
may limit claimant's action "only up to the completion However, as to its liability, we may apply the
of proceedings anterior to the stage of execution". provisions on defective conditions of road under its
The functions and public services rendered by the control and supervision to hold the LGU liable.
State cannot be allowed to be paralyzed or disrupted
by the diversion of public funds from their legitimate 1994, No. 6: Johnny was employed as a driver by the
and specific objects. With this in mind, the Court holds Municipality of Calumpit, Bulacan. While driving
that the writ of preliminary attachment must be recklessly a municipal dump truck with its load of sand
dissolved. It is useless and unnecessary under the for the repair of municipal streets, Johnny hit a
premises, since the property of the municipality may jeepney. Two passengers of the jeepney were killed.
not, in the event that plaintiff's claim is validated, be
subjected to writs of execution and garnishment -- 1. Is the municipality liable for the negligence of
unless, of course, there has been a corresponding Johnny? We must follow the prevailing jurisprudence!!
appropriation provided by law. Make a distinction!! If engaged in governmental
function, the LGU is not liable.
The properties of the LGU hereto cannot be subject to
execution nor to a preliminary attachment. 2. Is the municipal ordinance (appropriating the
payment of damages) valid? No! You cannot
2011, No. 72. A collision occurred involving a appropriate funds for private purpose or for payment
passenger jeepney driven by Leonardo, a cargo truck to the victims.
driven by Joseph, and a dump truck driven by Lauro
but owned by the City of Cebu. Lauro was on his way 1994, No. 14: The Municipality of Antipolo
to get a load of sand for the repair of the road along expropriated the property of Juan Reyes. The
Fuente Street, Cebu City. As a result of the collision, 3 municipal council appropriated P1,000,000 for the
passengers of the jeepney died. Their families filed a purchase of the lot but the RTC fixed the value of
complaint for damages against Joseph who in turn P2,000,000.
filed a third party complaint against the City of Cebu
and Lauro. Is the City of Cebu liable for the tort 1. Can Juan Reyes ask the RTC to garnish the
committed by its employee? municipality’s account with the Land Bank? Yes but
only to the extent of 1M that has been appropriated.
a) The City of Cebu is not liable because its employee
was engaged in the discharge of a governmental 2. What legal action can Juan Reyes take to collect the
function. (note that we still have to make balance? File a mandamus to compel the LGU through
distinction notwithstanding the provisions of the the SB for the appropriation and subsequent release
LGC) of the remaining balance.
b) The City of Cebu is liable for the tort committed by
its employee while in the discharge of a non- h) Settlement of Boundary Disputes
governmental function.
c) The City of Cebu is liable in accord with the Section 118. Jurisdictional Responsibility for
precept of respondeat superior. Settlement of Boundary Dispute. - Boundary disputes
d) The City of Cebu is not liable as a consequence of between and among local government units shall, as
its non-suitability. much as possible, be settled amicably. To this end:

(a) Boundary disputes involving two (2) or more 1999, No. 5: What body or bodies are vested by law
barangays in the same city or municipality shall be with the authority to settle disputes involving:
referred for settlement to the sangguniang
panlungsod or sangguniang bayan concerned. 1. two or more towns within the same province?
Section 118(b) of the LGC
(b) Boundary disputes involving two (2) or more 2. two or more highly urbanized cities?Section 118(d)
municipalities within the same province shall be of the LGC
referred for settlement to the sangguniang
panlalawigan concerned. 2005, No. 10: (.) There was a boundary dispute
between Dueñas, a municipality, and Passi, an
(c) Boundary disputes involving municipalities or independent component city, both of the same
component cities of different provinces shall be province. State how the two local government units
jointly referred for settlement to the sanggunians of should settle their boundary dispute.
the province concerned.
It shall be settled before the Sangguniang
(d) Boundary disputes involving a component city or Panlalawigan of the province. Boundary disputes
municipality on the one hand and a highly urbanized between local government units should, as much as
city on the other, or two (2) or more highly urbanized possible, be settled amicably. After efforts at
cities, shall be jointly referred for settlement to the settlement fail, then the dispute may be brought to
respective sanggunians of the parties. the appropriate RTC in the said province. Since the
LGC is silent as to what body has exclusive jurisdiction
(e) In the event the sanggunian fails to effect an over the settlement of boundary disputes between a
amicable settlement within sixty (60) days from the municipality and an independent component city of
date the dispute was referred thereto, it shall issue a the same province, the RTC have general jurisdiction
certification to that effect. Thereafter, the dispute to adjudicate the said controversy. (Mun. of Kananga
shall be formally tried by the sanggunian concerned v. Madrona, G.R. No. 141375, April 30, 2003)
which shall decide the issue within sixty (60) days
from the date of the certification referred to above. i) Succession of Elective Officials
How about boundary disputes between 2 provinces? A. In the Executive (Governor, Mayor and Punong
Maybe you go to a regular court for resolution Barangay)
because the law is silent on that.
1) Permanent Vacancies –
Section 119. Appeal. - Within the time and manner a. fills a higher office,
prescribed by the Rules of Court, any party may b. refuses to assume,
elevate the decision of the sanggunian concerned to c. fails to qualify,
the proper Regional Trial Court having jurisdiction d. dies,
over the area in dispute. The Regional Trial Court e. is removed,
shall decide the appeal within one (1) year from the f. resigns or
filing thereof. Pending final resolution of the disputed g. is permanently incapacitated
area prior to the dispute shall be maintained and
continued for all legal purposes. (Remain status quo!) Section 44. Permanent Vacancies in the Offices of the
Governor, Vice-Governor, Mayor, and Vice-Mayor.
The Regional Trial Court shall decide the appeal (a) If a permanent vacancy occurs in the office of the
within one (1) year from the filing thereof.(Something governor or mayor, the vice-governor or vice-mayor
is wrong here. The Constitution mandates the RTC to concerned shall become the governor or mayor. If a
dispose a case within 90 days. Moreover, the congress permanent vacancy occurs in the offices of the
cannot, by means of a law, intrude the rule making governor, vice-governor, mayor, or vice-mayor, the
power of the judiciary, much less amending the highest ranking sanggunian member or, in case of his
constitution. permanent inability, the second highest ranking
sanggunian member, shall become the governor,
vice-governor, mayor or vice-mayor, as the case may
be. Subsequent vacancies in the said office shall be 2) Temporary Vacancies – temporary absence for
filled automatically by the other sanggunian physical or legal reasons
members according to their ranking as defined
herein. 1. The same procedure, but the temporary successor
can only appoint, suspend, or dismiss if the absence
(b) If a permanent vacancy occurs in the office of the exceeds 60 days [What can acting executive do?] as
punong barangay, the highest ranking sanggunian distinguished in constitutional law where the
barangay member or, in case of his permanent temporary president can do anything pending the
inability, the second highest ranking sanggunian qualification and election of the president. His acts of
member, shall become the punong barangay. appointment are temporary and may be revoked by
the real president which must be done within 90 days.
(c) A tie between or among the highest ranking So the Governor can veto ordinances as the limitation
sanggunian members shall be resolved by the is confined only to appointment, suspension or
drawing of lots. dismissal of employee.
(d) The successors as defined herein shall serve only 2. If absence is due to travel within the country not
the unexpired terms of their predecessors. exceeding 3 days, he can designate somebody, except
power to appoint, suspend or dismiss. This cannot be
For purposes of this Chapter, a permanent vacancy done and exercise by one designated.
arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to Here there is no automatic succession by the next
qualify, dies, is removed from office, voluntarily lower ranking officials. He can designate any member
resigns, or is otherwise permanently incapacitated to of the sangguniang or his administrator. The law does
discharge the functions of his office. not tell us who can be designated.
For purposes of succession as provided in the 3. If he did not designate, No. 2 will come in on the
Chapter, ranking in the sanggunian shall be 4th day of his absence – If the mayor did not
determined on the basis of the proportion of votes designate, the vice mayor will fill in on the 4th day of
obtained by each winning candidate to the total his absence. Highest ranking sanggunian member will
number of registered voters in each district in the fill in.
immediately preceding local election.
Victoria v. COMELEC, 229 SCRA 269 (1994) – After the
Summary: Vacancies in the Executive Governor of Albay was suspended and the Vice
1. Governor or Mayor – Vice succeeds Governor took over, the latter office became vacant.
2. Vice Governor, Vice Mayor or Barangay Captain – SP member Calisin got 28,835 votes in the first district
Highest ranking sanggunian member (this can be [21.78%, while SP member Victoria got 32,918 in the
distinguished from the permanent vacancy in the second district [21.19%]. Who is the highest ranking
office of the VP where the president appoints entitled to succession? Must it be based on the
from anyone from the congress. Here, we have number who actually voted or the registered voters?
automatic succession of highest ranking
sangguniang member) SP member Calisin who got 28,835 votes in the first
3. Simultaneous vacancies in Offices of Governor and district (21.78% - look at the percentage votes
Vice Governor, or Mayor and Vice Mayor – same garnered in his legislative district. This is based on the
as in No. 2 number who actually voted).
Highest ranking sanggunian member will fill in as B. In the Legislative

distinguished from vacancies in the office of Pres and
VP where there shall be a special election unless Section 45. Permanent Vacancies in the Sanggunian. -
vacancy occurs within 18 months immediately (a) Permanent vacancies in the sanggunian where
preceding the election. automatic succession provided above do not apply
shall be filled by appointment in the following
manner:
1) Sangguniang panglungsod of component
(1) The President, through the Executive Secretary, in city
the case of the sangguniang panlalawigan and the 2) Sangguniang bayan
sangguniang panlungsod of highly urbanized cities c. City/Municipal Mayor
and independent component cities; 1) Sangguniang barangay
(2) The governor, in the case of the sangguniang In all cases, he must be a nominee of the political
panlungsod of component cities and the sangguniang party of the member who caused the vacancy.
bayan;
Navarro v. Court of Appeals, March 28, 2001 – The
(3) The city or municipal mayor, in the case of elected Mayor Calimlim died thus creating a vacancy
sangguniang barangay, upon recommendation of the in his position. By virtue of Section 44 of the Local
sangguniang barangay concerned. Government Code, Vice Mayor Aquino succeeded him.
Since a vacancy occurred in the Sangguniang Bayan by
(b) Except for the sangguniang barangay, only the the elevation of Tamayo, the highest ranking member
nominee of the political party under which the of Sanggunian, to the Vice Mayor's position, the
sanggunian member concerned had been elected and Governor appointed Navarro who belonged to the
whose elevation to the position next higher in rank same party as that of Tamayo. Private respondents
created the last vacancy in the sanggunian shall be filed an action to nullify the appointment of Navarro
appointed in the manner hereinabove provided. The arguing that it was the Vice Mayor who created the
appointee shall come from the same political party as permanent vacancy by his death, thus, the appointees
that of the sanggunian member who caused the should come from the former Vice Mayor's political
vacancy and shall serve the unexpired term of the party. In the decision of the CA, it concluded that
vacant office. In the appointment herein mentioned, according to the hierarchy, it was the appointment of
a nomination and a certificate of membership of the the 8th Counselor to the 7th position which created
appointee from the highest official of the political the vacancy, therefore, the appointee should come
party concerned are conditions sine qua non, and any from his party. Who caused the last “vacancy?”
appointment without such nomination and
certification shall be null and void ab initio and shall It was held that the first councilor who was elevated
be a ground for administrative action against the to the position of vice mayor, caused the LAST
official responsible therefore. VACANCY. Hence, the Governor was correct in
appointing Navarro who belonged to the same party
(c) In case or permanent vacancy is caused by a as that of Tamayo. The vacancy was created by the
sanggunian member who does not belong to any first councilor when he was elevated to Vice mayor
political party, the local chief executive shall, upon position. Therefore, the one that should be nominated
recommendation of the sanggunian concerned, should come from the party of the first councilor who
appoint a qualified person to fill the vacancy. caused the vacancy. The rationale of this measure is to
maintain the balance of party representation, or party
(d) In case of vacancy in the representation of the representation or the will of the people.
youth and the barangay in the sanggunian, said
vacancy shall be filled automatically by the official 2. Caused by one with no political party
next in rank of the organization concerned.
Farinas v. Barba, 256 SCRA 398 (1996) – When a seat
Summary: Vacancies in the Sanggunian in the SB (independent component city) became
1. Caused by one with a political party: vacant arising from the death of a member with no
a. President, through the Executive Secretary political party, the Governor appointed Barba, while
1) Sangguniang panlalawigan the Mayor appointed Palafox to fill it. Who is the
2) Sangguniang panlungsod of a highly “local chief executive” referred to by the Code?
urbanized city
3) Sangguniang panlungsod of an Held: The appointing authority is the same as in cases
independent component city where there is a political party. But in this case, there
b. Governor
must be a recommendation from the sanggunian political party any member thereof. If otherwise, a
concerned, or where the vacancy exists. recommendation of the sangguniang concerned
where the vacancy occurred is required.
This case really involved an independent component
city. Hence, SC held that it should be the president 2001, No. 14: Suppose A, a Municipal Mayor, went on
who must appoint to fill in the vacancy provided that a a sick leave to undergo treatment for a period of 4
recommendation from the sangguniang concerned is months. During that time:
had.
1. Will B, the Municipal Vice Mayor, be performing
Is the appointing authority limited to those executive functions? Why? YES! As temporary
recommended? DISCRETIONARY – The appointing successor, he can only appoint, suspend, or dismiss if
authority is not bound to appoint anyone the absence exceeds 60 days. Hence, he will be
recommended to him by the Sanggunian. The power allowed in the case at bar.
to appoint is a discretionary power. On the other
hand, neither is the appointing power vested with so 2. Will B at the same time be also performing
large a discretion that he can disregard the legislative functions as presiding officer of the
recommendation. Sangguniang bayan? Not for that time being. He
cannot exercise executive functions and legislative
Gamboa v. Aguirre, July 20, 1999 – Gamboa was one simultaneously.
elected Vice-Governor of Negros Occidental. When
the Governor was abroad for an official trip abroad, 2001, No. 15. A vacancy occurred in the Sangguniang
Gamboa was designated as acting Governor. Can he Bayan of a municipality when X, a member died. X
continue presiding in the regular sessions of the did not belong to any political party.
Sangguniang Panlalawigan despite his designation as
Acting Governor? To fill up the vacancy, the provincial governor
appointed A upon recommendation of the
Note: LGC does not provide for succession in the office Sangguniang Panlalawigan. On the other hand, for
of the Vice Governor in case of temporary vacancy.But the same vacancy, the municipal mayor appointed B
Sec. 49 (b) discusses possibility of inability of Presiding upon the recommendation of the sangguniang
Officer. bayan. Which of these appointments is valid?
No! He cannot. SC held that when you are acting The governor shall appoint upon the recommendation
governor, you are really a quasi-governor. So you can of the sangguniang bayan concerned. (not
no longer exercise the power of the vice governor for Sanguguniang Panlalawigan)
that moment. He cannot preside the legislation and at
the same time veto the same. As to who shall preside j) Discipline of Local Officials
the SP in view of the temporary designation of the VG 1) Elective Officials
as governor, the sangguniang members among (a) Grounds
themselves shall elect the acting presiding officer. (b) Jurisdiction
(c) Preventive Suspension
2008 – XI: On August 8, 2008 the Governor of Bohol (d) Removal
died and Vice-Governor Cesar succeeded him by (e) Administrative Appeal
operation of law. Accordingly, Benito, the highest (f) Doctrine of Condonation
ranking member of the Sangguniang Panlalawigan 2) Appointive Officials
was elevated to the position of Vice-Governor. By the
elevation of Benito to the office of Vice-Governor, a ELECTIVE OFFICIALS
vacancy in the Sangguniang Panlalawigan was
created.How should the vacancy be filed? (a) Grounds
It must be distinguished. If the person who caused the Section 60. Grounds for Disciplinary An elective local
vacancy is a member of the political party, the official may be disciplined, suspended, or removed
president shall appoint upon recommendation of such from office on any of the following grounds:
1. Courts/Sandiganbayan: Sec. 60 says “by order of
(a) Disloyalty to the Republic of Philippines; the proper court” – Apparently as a consequence
(b) Culpable violation of the Constitution; of conviction for criminal offenses, both as
(c) Dishonesty, oppression, misconduct in office, gross principal or accessory penalty
negligence, or dereliction of duty;
(d) Commission of any offense involving moral 2. Office of the President
turpitude or an offense punishable by at least prision
mayor; (6 years and 1 day or above) – the reason Art. 67 (b): over elective officials of provinces, highly
behind this cut off in punishment below prision mayor urbanized and independent component cities.
will entitle the official to probation
(e) Abuse of authority; According to Sec. 67, Decisions of the office of the
(f) Unauthorized absence for fifteen (15) consecutive President are final and executory. But certiorari is
working days, except in the case of members of the always available.
sangguniang panlalawigan, sangguniang
panlungsod, sangguniang bayan, and sangguniang Note that “final and executory” cannot be subject to
barangay; – these does not apply to sangguniang ordinary appeal but always subject to review by
members because they are only required to report means of certiorari if there is a grave abuse of
during session days. This applies to mayors or discretion.
governors.
(g) Application for, or acquisition of, foreign 3. Sangguniang Panlalawigan – for municipal officials
citizenship or residence or the status of an immigrant and component cities (mayor, vice mayor and
of another country; and – this is important because councilor)
citizenship and residency is a continuing requirements
to local elective position. Noncompliance thereof Where do you appeal? You appeal to the Office of the
amounts to loss of position. President!
(h) Such other grounds as may be provided in this
Code and other laws. Can courts interfere with this power? Esperito v.
Melgar, 206 SCRA 258 – The RTC enjoined or
An elective local official may be removed from office restrained the SP from enforcing the latter’s
on the grounds enumerated above by order of the suspension order. Held: The court cannot interfere in
proper court. the absence of grave abuse of discretion. The remedy
is an appeal to the Office of the President.
(b) Jurisdiction (Exhaustion of Administrative Remedies)
“An elective local official may be removed from office Note: You have to exhaust all administrative remedies
on the grounds enumerated above by order of the before you can go to court. Note that decision of the
proper court.“ office of the president is appealable to CA and not to
RTC.
It must be noted that courts have no administrative
power and supervision over public officials.. The only 4. Sangguniang Panglungsod and Sangguniang Bayan
administrative supervision the SC has pertains to its – over barangay officials
own employees. The effect is that removal from office
of these public officials may only be had as both Sec. 61 (c). A complaint against any elective
principal and accessory penalty as a consequence of barangay official shall be filed before the
criminal convictions. The procedure is you file a sangguniang panlungsod or bayan concerned whose
criminal action against these public officials as the decision shall be final and executory.
outcome thereof may result to removal from office!!
Note you cannot file an admin case before the “Final and executory” – Again, no meaning here. It
Sandiganbayan which is a special criminal court with can still be subject to review.
no administrative jurisdiction over anybody.
5. Ombudsman

Hagad v. Gozo, 251 SCRA 242 – Respondents were the actually the provincial board (for officials of
mayor, vice mayor and councilors of Mandaue City. component city or municipality or the sanggunian
They were charged before the Ombudsman and concerned (for barangay officials) as the case may be.
investigated for violating RA No. 3019 and Art. 170 We have no problem in so far as the president is
and 171 of the RPC. They argued that the Office of the concerned because he is the one investigating and
President under Sec. 61 and Sec. 63 of the LGC, the imposes preventive suspension. Do not get confused!
Office of the President has sole jurisdiction over
administrative complaints against elective officials of (b) Preventive suspension may be imposed at any
provinces and highly urbanized cities and independent time after the issues are joined, when the evidence of
component cities. guilt is strong, and given the gravity of the offense,
there is great probability that the continuance in
Held: The power of the Ombudsman under the office of the respondent could influence the witnesses
Constitution and RA No, 6770 to investigate all public or pose a threat to the safety and integrity of the
officials has not been modified or repealed by the records and other evidence: Provided, That, any
Local Government Code. The two statutes are not single preventive suspension of local elective officials
inconsistent. So the OMB still has jurisdiction to shall not extend beyond sixty (60) days: Provided,
investigate local elective officials. further, That in the event that several administrative
cases are filed against an elective official, he cannot
What can these bodies impose as penalty? be preventively suspended for more than ninety (90)
1. Dismissal – only courts can impose the penalty of days within a single year on the same ground or
dismissal, but see Reyes case. grounds existing and known at the time of the first
2. Suspension – as a penalty may be imposed by all suspension.
administrative bodies (Note: suspension as a
penalty cannot exceed 6 months and in all “any time after the issues are joined” - means that
situations cannot exceed beyond his term) after the respondent has made his answer to the
offense leveled against him, the issues are joined
Under Sec. 60, for each administrative offense, the there! This is only applied in local elective officials
penalty cannot exceed 6 months suspension and in all under the LGC. This is not applied to appointive local
situations cannot exceed beyond his term. officials.
Salalima case – What if there are several offenses?It Preventive suspension is aimed at preventing the
can exceed 6 months. For example, he was found respondent/defendant official being investigated from
culpable for 20 offenses each imposing 1 month tampering the evidence, or influencing the course of
suspension each. It is allowed so long as any of them investigation and defeat the ends of justice.
does not exceed 6 months.
Note: Preventive suspension cannot exceed 60 days.
(c) Preventive Suspension
(c) Upon expiration of the preventive suspension, the
Section 63. Preventive Suspension. – (This is the suspended elective official shall be deemed
suspension while the case is still going on) reinstated in office without prejudice to the
(a) Preventive suspension may be imposed: continuation of the proceedings against him, which
(1) By the President, if the respondent is an elective shall be terminated within one hundred twenty (120)
official of a province, a highly urbanized or an days from the time he was formally notified of the
independent component city; case against him. However, if the delay in the
(2) By the governor, if the respondent is an elective proceedings of the case is due to his fault, neglect, or
official of a component city or municipality; or request(request for postponement at his instance),
(3) By the mayor, if the respondent is an elective other than the appeal duly filed, the duration of such
official of the barangay. delay shall not be counted in computing the time of
termination of the case.
Note the peculiarity of the power of the governor and
mayor to impose preventive suspension because they
are not the disciplinary authority to investigate. It is
(d) Any abuse of the exercise of the power of mode of participation, is pending in court, shall be
preventive suspension shall be penalized as abuse of suspended from office.
authority.
Remember the preventive suspension under the LGC
Section 64. Salary of Respondent Pending is only 60 days.
Suspension. - The respondent official preventively
suspended from office shall receive no salary or Note that this 90 day preventive suspension applies
compensation during such suspension; but upon only when a public official is facing criminal case in
subsequent exoneration and reinstatement, he shall court for violation of anti-graft law and for crimes
be paid full salary or compensation including such committed by public officers.
emoluments accruing during such suspension.
There was this case where a person was using
Preventive suspension is not a penalty, but only government property during election period and
procedure to enable to state to investigate without charged for violation of omnibus election code!! So he
any hindrance from the public official. was suspended. He impugned the same premising the
same that he was not charged under title 7 of RPC.
Due process? No requirement of due process in the Held: when you are using a government property for
imposition of preventive suspension because it is not a election purposes, that is related to offenses
penalty. committed by public officials. So the suspension was
upheld.
Ex Post Facto? Ex post facto will not apply because
preventive suspension is not a penalty. This is mandatory. Only a pre-suspension hearing is
required where the court determines validity of
On the minimum, it can be imposed once issues are Information. This means that imposition of preventive
joined only after the answer has been filed. suspension is not discretionary. It is automatic and
mandatory once the court determines the validity of
Once the person is acquitted, he is entitled to the information.
backwages during the period of suspension.
Once there has been an arraignment, the fiscal will
Who can preventively suspend? move for the preventive suspension and the accused
1. Courts can no longer move to determine the validity of the
2. President, Governor or Mayor information in view of his arraignment.
3. Ombudsman
May a local elective official facing a criminal case for
Common Ground: violation of the Anti-Graft law be suspended for 90
1. Charge is grave or serious days under Sec. 13 of RA No. 3019?
2. Evidence is strong
3. His continued stay might prejudice case Rios v. Sandiganbayan, 279 SCRA 583 – What should
apply is Sec. 63 of the LGC – 60 days only.
Duration of suspension:
1. By courts, 90 days. RA No. 3019 (Anti-Graft and But Layus v. Sandiganbayan, Dec. 8, 1999 – “should
Corrupt Practices Law): not exceed 90 days” – Yes! SC applied the 90 day
period. So the following must be noted:If the
Section 13. Suspension and loss of benefits. -- Any preventive suspension which is limited to 60 days, it
incumbent public officer against whom any criminal applies only when the disciplining or suspending
prosecution under a valid information under this Act authority is the president, governor and mayor. But if
or under Title 7, Book II (crimes committed by a public you are facing criminal charges for violation of Anti-
officer) of the Revised Penal Code or for any offense Graft Law, we apply said law and period of preventive
involving fraud upon government or public funds or suspension shall be “not exceeding 90 days.”
property, whether as a simple or as a complex
offense and in whatever stage of execution and Libanan v. Sandiganbayan, 233 SCRA 163 – When a
local government official faces a criminal case for an
act committed under the previous term, or in another without pay, unless the investigation lasts longer due
office, can he be suspended preventively under RA No. to the fault of respondent.
3019?This case involved Miriam Santiago who was
charged for violations committed during her former Under Sec. 62 (c), no suspension is allowed prior to
stint as immigration commissioner. Later she was election, or if one has been imposed, it is lifted.
elected senator, can she be suspended preventively? (because this can be used by the opposing party for
Yes! The term “be suspended from office” does not election purposes)
distinguish what office.
(c) However, no investigation shall be held within
See also Conducto v. Manzon, 291 SCRA 619 (gross ninety (90) days immediately prior to any local
ignorance) – Preventive suspension is mandatory once election, and no preventive suspension shall be
the validity of the information has been determined. imposed within the said period. If preventive
Otherwise, the judge shall be held liable for gross suspension has been imposed prior to the 90-day
ignorance of the law. The judge has no discretion period immediately preceding local election, it shall
whether or not to suspend you preventively by reason be deemed automatically lifted upon the start of
that it was committed during the respondent’s aforesaid period.
previous office or stint.
Note: this applies only to preventive suspension
2. By President, Governor, Mayor – maximum of 60 imposed or to be imposed under the LGC. It applies
days for an offense. If several, not to exceed 90 days those imposed by the president, governor and mayor.
in one year, except if the ground is not existing or
known at the time of the first suspension. 2011, No. 85. When an elective official's preventive
suspension will result in depriving his constituents of
3. By the Ombudsman (in an administrative his services or representation, the court may:
investigation) – 6 months
a) require the investigating body to expedite the
Sec. 24 of RA No. 6770: Requisites investigation.
1) the charge involves dishonesty, oppression, grave b) hold in abeyance the period of such
misconduct or neglect of duty suspension.
2) the charge should warrant removal from office c) direct the holding of an election to fill up the
3) Respondent’s continued stay in office would temporary vacancy.
prejudice the case filed against him d) shorten the period of such suspension.
4) The evidence of guilt is strong
(d) Removal (Penalties)
Note: No requirement that the issues must be joined
before preventive suspension may be imposed. Section 66. Form and Notice of Decision. -
(a) The investigation of the case shall be terminated
Garcia v. Mojica, 314 SCRA 207 (1999) – Can the within ninety (90) days from the start thereof. Within
Ombudsman suspend respondent even before he files thirty (30) days after the end of the investigation, the
his answer? Yes! There is no requirement that the Office of the President or the sanggunian concerned
issues must be joined before preventive suspension shall render a decision in writing stating clearly and
may be imposed. As distinguished to those cases filed distinctly the facts and the reasons for such decision.
before the president or sanggunian concerned (where Copies of said decision shall immediately be
issues shall be joined). furnished the respondent and all interested parties.
Can the Ombudsman suspend an elective official for Note: The preventive suspension to be imposed by the
more than 60 days? Yes. The 60 days maximum court where there must be a motion for the
provided in the LGC does not apply to the preventive suspension in view of the mandatory
Ombudsman. That applies only to the President, prehearing requirement to determine the validity of
Governor or Mayor issuing the preventive suspension the information. Review this! Once the fiscal files a
order. Under RA No. 6770, the period is 6 months motion, it is incumbent from the judge to preventively
suspend the accused.
office due to an administrative case. He refused to
(b) The penalty of suspension shall not exceed the receive a copy of the decision, filed a certificate of
unexpired term of the respondent or a period of six candidacy and won again on May 9, 1995. Did his
(6) months for every administrative offense, nor shall election wipe out his administrative liability? He is
said penalty be a bar to the candidacy of the barred from running. His refusal to receive decision
respondent so suspended as long as he meets the copy rendered the same final and executory. Those
qualifications required for the office. removed from office as a result of an administrative
case are disqualified from running for any elective
Salalima v. Guingona, 257 SCRA 59 – For various local position.
counts of oppression and grave abuse of authority,
respondents were meted the penalty of suspension by Note: Had this case been disposed after the case
the President. As there were several counts, the total ofPablico v. Villapando, July 31, 2002(read below),
ranged to a maximum of 20 months. Is it valid? the decision of the sangguniang panlalawigan ordering
his removal from office would not be valid.
No problem here so long as any of the penalty of
suspension exceeds 6 months. But see Salalima v. Guingona, the Office of the
President is without any power to remove elected
Removal (under the Local Government Code) officials, since such power is exclusively vested in the
proper courts as expressly provided for in the last
(c) The penalty of removal from office as a result of paragraph of Section 60. Parenthetically, it may be
an administrative investigation shall be considered a observed that Article 125, Rule XIX of the Rules and
bar to the candidacy of the respondent for any Regulations Implementing the Local Government Code
elective position. of 1991 grants to the disciplining authority the power
to remove an elective local official. Paragraph (b) of
Sec. 40, LGC. Disqualifications – The following the said Article provides as follows:
persons are disqualified from running for any elective
local position: (b) An elective local official may he removed from
xxx office on the grounds enumerated in paragraph (a) of
(b) Those removed from office as a result of an this Article [The grounds enumerated in Section 60,
administrative case – are disqualified from running The Local Government Code of 1991] by order of the
for any elective local position only. proper court or the disciplining authority whichever
first acquires jurisdiction to the exclusion of the other.
Grego v. COMELEC, 274 SCRA 486 (1997) – this case (Italics supplied)
involved a sheriff which was convicted in an admin
case by SC. Will he be covered by Sec 40 of LGC? Yes! This grant to the “disciplining authority” of the power
Note the phrase “Those removed from office as a to remove elective local officials is clearly beyond the
result of an administrative case” are disqualified from authority of the Oversight Committee that prepared
running for any elective local position. Sec. 40 of LGC the Rules and Regulations.
makes no distinction as to whether or not you are
removed by the SC or CSC/executive department. The Take note that the president has no power to remove
controlling phrase is “you are removed from office as erring officials since such power is vested only to
a result of an administrative case.” So take note of proper courts.
this, if you are removed under the LGC, you cannot
run for any elective office; and if you are removed Pablico v. Villapando, July 31, 2002 – LATEST RULING
from an admin case other than under the LGC, you – May local legislative bodies and/or the Office of the
cannot run for any elective local position ONLY. Take President, on appeal, validly impose the penalty of
note the distinction! dismissal from service on erring elective local officials?
It is clear from the last paragraph of the aforesaid
Reyes v. COMELEC, 254 SCRA 514 (1996) – OLD provision that the penalty of dismissal from service
DECISION! – Reyes was elected mayor of Bongabong, upon an erring elective local official may be decreed
Mindoro, on May 11, 1992. On Feb. 6, 1995, the only by a court of law.
Sangguniang Panlalawigan ordered his removal from
Can the Ombudsman dismiss a local elective
official?Office of the Ombudsman v. Rodriguez, July (a) The sangguniang panlalawigan, in the case of
23, 2010 – As a final note, under Section 60 of the decisions of the sangguniang panlungsod of
LGC, the sangguniang bayan has no power to remove component cities and the sangguniang bayan; and
an elective barangay official. Apart from the
Ombudsman, only a proper court may do so. Unlike (b) The Office of the President, in the case of
the sangguniang bayan, the powers of the decisions of the sangguniang panlalawigan and the
Ombudsman are not merely recommendatory. The sangguniang panlungsod of highly urbanized cities
Ombudsman is clothed with authority to directly and independent component cities.
remove an erring public official other than members
of Congress and the Judiciary who may be removed Decisions of the Office of the President shall be final
only by impeachment. and executory. (Note: It is appealable to the CA)
In summary, the only the following can remove local Take note of the word recently used that the decisions
elective officials of the president or sangguniang concerned are final
1. Proper courts and executory is useless in view of hereto provisions
2. Ombudsman providing the administrative appeals. Note: While the
TRUST THE AUTHORITY!!! case is pending appeal, you continue to be suspended
or removed without prejudice to such appeal.
But see Sec. 66 of LGC:
What is the effect of an appeal? Will it stay execution?
Sec. 66. Form and Notice of Decision. - (a) The
investigation of the case shall be terminated within Sec. 68. Execution Pending Appeal. An appeal shall
ninety (90) days from the start thereof. Within thirty not prevent a decision from becoming final and
(30) days after the end of the investigation, the Office executory. The respondent shall be considered as
of the President or the sanggunian concerned shall having been placed under preventive suspension
render a decision in writing stating clearly and during the pendency of the appeal in the event he
distinctly the facts and the reasons for such decision. wins the appeal. In the event that the appeal results
Copies of said decision shall immediately be in exoneration, he shall be paid his salary and other
furnished the respondent and all interested parties. emoluments during the pendency of the appeal.
(Effect of Reversal)
(b) The penalty of suspension shall not exceed the
unexpired term of the respondent or a period of six Berces v. Gunigona, 241 SCRA 539 – Respondent
(6) months for every administrative offense, nor shall Mayor of Tiwi, Albay, was suspended for 2 months
said penalty be a bar to the candidacy of the and 3 months in 2 administrative cases by the
respondent so suspended as long as he meets the Sangguniang Panlalawigan. She appealed to the Office
qualifications required for the office. of the President who, upon her motion, ordered the
suspension of her suspension while the appeal was
(c) The penalty of removal from office as a result of pending.
an administrative investigation shall be considered a
bar to the candidacy of the respondent for any Sec. 6 of AO No. 18, dated Feb. 12, 1990 provides that
elective position. “the Office of the President may direct or stay the
execution.” – Discretionary on the part of the
Again, the Office of the President and the sanggunian President (as to whether or not to stay the execution)
concerned has no power to remove erring local
elective officials. (f) Doctrine of Condonation
(e) Administrative Appeals Effect of Election on Administrative Liability:

1. If the decision is final before election – no effect; if
Section 67. Administrative Appeals. - Decisions in the decision is removal, barred already to run; if
administrative cases may, within thirty (30) days the same is suspension, local elective official can
from receipt thereof, be appealed to the following: still run.
2. If no case filed, no decision, or decision was not c) Dismiss only the administrative aspect
yet final, it wipes out administrative liability. (see because of condonation (Condonation does
Salalima v. Guingona, 257 SCRA 59) – this means not apply in criminal cases; if no case is filed,
that if concerned elective official is reelected, the no decision, or decision was not yet final, it
case has to be dismissed. wipes out administrative liability even if the
act was committed prior to the term, or even
Suppose as an appointive official, I was if discovered only after getting reelected)
administratively charged, but I ran and won in an d) Dismiss only the criminal aspect because of
elective position? Condonation refers to the same the reelection
position of which he is reelected. Hence, here the
doctrine of condonation cannot apply. This is on the Can you ask for Presidential Pardon?Llamas v. Orbos–
view that the electorate reelected you to the same the term conviction can apply to administrative
position with knowledge of your personal life and conviction; also under the doctrine of qualified
character. political agency; note that once you are pardoned by
the president for admin offenses, you can actually run
Clear View of the Doctrine of Condonation for elective position
Pascual v. Hon. Provincial Board of Nueva Ecija – "the But what will be the effect on the prohibition imposed
underlying theory is that each term is separate from by Sec. 40?Note that once you are pardoned by the
other terms, and that the reelection to office operates president for admin offenses, you can actually run for
as a condonation of the officer's previous misconduct elective position.
to the extent of cutting off the right to remove him
therefor.“ 2011, No. 21. Governor Paloma was administratively
charged with abuse of authority before the Office of
When the people elected a man to office, it must be the President. Pending hearing, he ran for reelection
assumed that they did this with knowledge of his life and won a second term. He then moved to dismiss the
and character, and that they disregarded or forgave charge against him based on this supervening event.
his faults or misconduct, if he had been guilty of any. It Should the motion be granted?
is not for the court, by reason of such faults or
misconduct, to practically overrule the will of the a) Yes, Governor Paloma's reelection is an
people. expression of the electorate's obedience to his
will.
So the key word here is “re-election.” It means that he b) No, Governor Paloma's reelection cannot
was previously elected for the position of mayor and extinguish his liability for malfeasance in
committed misconduct during such tenure, his office.
reelection to the same position condones such c) No, Governor Paloma's reelection does not
offense. render moot the administrative case already
pending when he filed his certificate of
Garcia v. Mojica, 314 SCRA 207 (1999) – The City candidacy for his reelection bid.
Mayor of Cebu entered into a contract four days d) Yes, Governor Paloma's reelection is an
before the local election during which he was expression of the electorate's restored trust.
reelected to the same position. The contract (If no case filed, no decision, or decision was
commenced to run after the election. Because the not yet final, it wipes out administrative
contract was alleged to be anomalous, the mayor was liability as a consequence of reelection to the
charged administratively and criminally [for same position. What is important is that the
preliminary investigation] before the Ombudsman. As wrongful act was committed during his
investigator of the Ombudsman, you will: previous term)
a) Dismiss both charges because of the Mayor’s Note: Also asked in 2000, No. 6, based on Malinao v.
reelection Reyes, 255 SCRA 616 (1996)
b) Investigate both charges since the anomalous
contract commenced after the election APPOINTIVE OFFICIALS
Section 84. Administrative Discipline. - Investigation Section 86. Administrative Investigation. - In any
and adjudication of administrative complaints local government unit, administrative investigation
against appointive local officials and employees as may be conducted by a person or a committee duly
well as their suspension and removal shall be in authorized by the local chief executive. Said person
accordance with the civil service law and rules and or committee shall conduct hearings on the cases
other pertinent laws. The results of such brought against appointive local officials and
administrative investigations shall be reported to the employees and submit their findings and
Civil Service Commission. recommendations to the local chief executive
concerned within fifteen (15) days from the
Section 85. Preventive Suspension of Appointive Local conclusion of the hearings. The administrative cases
Officials and Employees. - herein mentioned shall be decided within ninety (90)
(a) The local chief executives may preventively days from the time the respondent is formally
suspend for a period not exceeding sixty (60) days notified of the charges.
and subordinate official or employee under his
authority pending investigation if the charge against Section 87. Disciplinary Jurisdiction. - Except as
such official or employee involves dishonesty, otherwise provided by law, the local chief executive
oppression or grave misconduct or neglect in the may impose the penalty of removal from service,
performance of duty, or if there is reason to believe demotion in rank, suspension for not more than one
that the respondent is guilty of the charges which (1) year without pay, fine in an amount not
would warrant his removal from the service. exceeding six (6) months’ salary, or reprimand and
otherwise discipline subordinate officials and
Where the official being investigated is: employees under his jurisdiction. If the penalty
1. If Local Elective Official – the one conducting imposed is suspension without pay for not more than
investigation is the Sanggunian concerned or the thirty (30) days, his decision shall be final (this can be
local legislative. appealed via certiorai on GAD). If the penalty
2. If Appointive Official – it is the local executive imposed is heavier than suspension of thirty (30)
officer days, the decision shall be appealable to the Civil
Service Commission, which shall decide the appeal
Note also that with respect to preventive suspension within thirty (30) days from receipt thereof.
1. If Local Elective Official – there is a requirement
that issues must be joined (more strict) Section 88. Execution Pending Appeal. - An appeal
2. If appointive Official – there is no requirement shall not prevent the execution of a decision of
that the issues must be joined. removal or suspension of a respondent-appellant. In
case the respondent-appellant is exonerated, he shall
With that, once there is admin complaint, the LCE may be reinstated to his position with all the rights and
automatically preventively suspend you without privileges appurtenant thereto from the time he had
having the issues joined or waiting the answer of the been deprived thereof.
respondent appointive official.
Note the distinction of the disciplinary jurisdiction
In both cases, you cannot invoke due process as this between local elective official and appointive official:
only a preventive suspension. 1. In the former, there is no demotion in rank, while
in the latter it may be imposed;
(b) Upon expiration of the preventive suspension, the 2. In the former, the penalty of suspension cannot
suspended official or employee shall be automatically exceed 6 months while in the latter, the same may
reinstated in office without prejudice to the be for a period not exceeding 1 year;
continuation of the administrative proceedings 3. There is also no penalty of fine or reprimand in
against him until its termination. If the delay in the the former while there is in the latter.
proceedings of the case is due to the fault, neglect or
request of the respondent, the time of the delay shall k) Recall
not be counted in computing the period of suspension
herein provided. Section 70. Initiation of the Recall Process. -
(a) Recall may be initiated by a preparatory recall not be later than thirty (30) days after the filing of
assembly or by the registered voters of the local the resolution or petition for recall in the case of the
government unit to which the local elective official barangay, city, or municipal officials. and forty-five
subject to such recall belongs. (45) days in the case of provincial officials. The
official or officials sought to be recalled shall
Republic Act No. 9244, February 19 2004: An Act automatically be considered as duly registered
Eliminating The Preparatory Recall Assembly As A candidate or candidates to the pertinent positions
Mode Of Instituting Recall Of Elective Local and, like other candidates, shall be entitled to be
Government Officials voted upon.
Otherwise stated, recall can be initiated only by Section 72. Effectivity of Recall. - The recall of an
registered voters of the local government unit; note elective local official shall be effective only upon the
also that recall applies only to Local Elective Officials. election and proclamation of a successor in the
person of the candidate receiving the highest number
Recall by Registered Voters: of votes cast during the election on recall. Should the
official sought to be recalled receive the highest
(d) Recall of any elective provincial, city, municipal, number of votes, confidence in him is thereby
or barangay official may also be validly initiated affirmed, and he shall continue in office.
upon petition of at least twenty-five percent (25%) of
the total number of registered voters in the local Section 73. Prohibition from Resignation. - The
government unit concerned during the election in elective local official sought to be recalled shall not
which the local official sought to be recalled was be allowed to resign while the recall process is in
elected. progress.
(1) A written petition for recall duly signed before the Section 74. Limitations on Recall. -
election registrar or his representative, and in the (a) Any elective local official may be the subject of a
presence of a representative of the petitioner and a recall election only once during his term of office for
representative of the official sought to be recalled loss of confidence.
and, and in a public place in the province, city, (b) No recall shall take place within one (1) year from
municipality, or barangay, as the case may be, shall the date of the official's assumption to office or one
be filed with the COMELEC through its office in the (1) year immediately preceding a regular local
local government unit concerned. The COMELEC or its election.
duly authorized representative shall cause the
publication of the petition in a public and Note the distinction of recall and impeachment: Recall
conspicuous place for a period of not less than ten can be had only once in every 3 years or 1 term.
(10) days nor more than twenty (20) days, for the
purpose of verifying the authenticity and Freedom Period:
genuineness of the petition and the required -----------------------------/----------------/-------------
percentage of voters. (A) 6/30/10-----6/30/11 4/13/12 5/13/13 (E)
(2) Upon the lapse of the aforesaid period, the A – Assumption

COMELEC or its duly authorized representative shall E – Election
announce the acceptance of candidates to the
position and thereafter prepare the list of candidates Thus, 9 months and 13 days only
which shall include the name of the official sought to
be recalled. Angubong v. COMELEC, 269 SCRA 245 (1997) –
Petitioner won as mayor of Tamauini, Isabela, in 1995.
Section 71. Election on Recall. - Upon the filing of a On Sept. 1996, de Alban, alone, filed a petition to
valid resolution or petition for recall with the recall him. Acting on the petition, the COMELEC
appropriate local office of the COMELEC, the scheduled the signing of the petition in order to
Commission or its duly authorized representative garner at least 25% of the total number of registered
shall set the date of the election on recall, which shall voters. Is the recall petition sufficient in form? In
view of Sec. 74 of the LGC which prohibits recall
immediately preceding a regular election, may a recall (c) Can Governor Diy refuse to run in the recall
election be scheduled within one year from the May election and instead resign from his position as
12, 1997 barangay elections? governor? NO! The elective local official sought to be
recalled shall not be allowed to resign while the recall
Held: The recall is not barred by the barangay process is in progress.
elections. The time-bar rule refers to an approaching
election where the position of the official to be 2011, No. 81. Anton was the duly elected Mayor of
recalled is contested. However a recall cannot be Tunawi in the local elections of 2004. He got 51% of all
initiated by one person. It must be upon petition of at the votes cast. Fourteen months later, Victoria, who
least 25% of the total number of registered voters. also ran for mayor, filed with the Local Election
While there is no requirement that the initiatory Registrar, a petition for recall against Anton. The
petition must be signed by them, it must contain at COMELEC approved the petition and set a date for its
least the names of 25% of the registered voters signing by other qualified voters in order to garner at
supporting it, even if only one man signs. least 25% of the total number of registered voters or
total number of those who actually voted during the
Note the procedure: First, there must be a petition local election in 2005, whichever is lower. Anton
filed before the COMELEC, then the latter shall cause attacked the COMELEC resolution for being invalid. Do
the publication and posting of the same. After that, you agree with Anton?
the COMELEC has to garner at least 25% of the
registered voters. With this, it will be redundant if 25% a) No, the petition, though initiated by just one
has to sign the initiatory petition and will sign again person, may be ratified by at least 25% of the
after the posting of the same. In other words, the total number of registered voters.
initiatory petition can be signed only by one person b) No, the petition, though initiated by just one
provided that the names of at least 25% of the person may be ratified by at least 25% of
registers are contained therein. Such 25% shall sign or those who actually voted during the 2004
affix only their signature during the signing process. local elections.
c) Yes, the petition should be initiated by at least
2001, No. 16. Suppose the people of a province want 25% of the total number of registered voters
to recall the provincial governor before the end of his 3 who actually voted during the 2004 local
year term of office. elections.
d) Yes, the petition should be initiated by at least
A. On what ground or grounds can the provincial 25% of the total number of registered voters
governor can be recalled? Loss of trust and confidence of Tunawi.
B. How will the recall be initiated? Recall can be l) Term Limits

initiated only by registered voters of the local
government unit Article X, Sec. 8. “The term of office of local elective
officials, except barangay officials, which shall be
C. When will the recall of an elective local official be determined by law, shall be three years and no such
considered effective? Upon the announcement of the official shall serve more than three consecutive
results of the election terms. Voluntary renunciation of the office for any
length of time shall not be considered as an
2010, XXII. Governor Diy was serving his third term interruption in the continuity of his service for the full
when he lost his governorship in a recall election. term for which he was elected.”
(a) Who shall succeed Governor Diy in his office as Michael Abas Kida v. Senate, October 18, 2011 – Can
Governor? The one who wins the recall election Congress pass a law postponing elections which will
effectively lengthen the term of incumbent, and/or
(b) Can Governor Diy run again as governor in the shorten the term of the next set of local officials?
next election? To be answered in the topic of public
officers
No, by express provision of the constitution. The voters who elected petitioner Latasa to be their
congress has no business of lengthening or much less municipal mayor for three consecutive terms. These
shortening the term of local officials. are also the same inhabitants over whom he held
power and authority as their chief executive for nine
The term of office of local elective officials, except years.
barangay officials, which shall be determined by law,
shall be three years and no such official shall serve This can be related to a situation as when the
more than three consecutive terms. municipalities of Dujali and Sto. Tomas will merge.
And the mayor who is on his last term ran for the
Remember that the schedule of election shall be on newly merged localities. Different decisions might
the second Monday of May unless the Congress come out as it cannot be said that the territorial
provides otherwise. However, it cannot set on the jurisdiction is still the same or the inhabitants are the
other day in such a way that we cannot have elected same group of voters who elected him.
officials by June 30 as it will violate the above
provisions or lengthening or shortening the term Adormeo v. COMELEC, 376 SCRA 90 (2002) – Tabago
thereby amending the constitution. won as mayor of Lucena City in 1992. he ran and won
again in the 1995 election. In 1998, he lost in his bid
Local Government Code: Section 43. Term of Office. - for a 3rd term. But when a recall was held for the
(a) The term of office of all local elective officials same position, he ran and won. When he filed his
elected after the effectivity of this Code shall be three certificate of candidacy for the same position during
(3) years, starting from noon of June 30, 1992 or such the 2001 election, his opponent challenged his
date as may be provided for by law, except that of qualification. In the computation of the term limit, is
elective barangay officials: Provided, That all local the recall election counted?
officials first elected during the local elections
immediately following the ratification of the 1987 Held: No. The prohibition on serving more than 3
Constitution shall serve until noon of June 30, 1992. consecutive terms applies only if:
a) the official has been elected for 3 consecutive
(b) No local elective official shall serve for more than terms in the same local government post, and
three (3) consecutive terms in the same position. b) that he has fully served 3 consecutive terms.
Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the Taboga was not elected for 3 consecutive terms
continuity of service for the full term for which the having lost in the 1998 election. Nor did he fully serve
elective official concerned was elected. the 1998 term because he only completed the
unfinished term when he won the recall election.
Latasa v. COMELEC, Dec. 10, 2003 – Latasa, was
mayor of Digos, Davao del Sur in the elections of 1992, Socrates v. COMELEC, Nov. 11, 2002 – Hagedorn was
1995, and 1998. During petitioner’s third term, the Mayor of Puerto Pricesa for 3 consecutive terms. He
Municipality of Digos was declared a component city was succeed by Socrates who was subjected to recall
under Republic Act No. 8798. He ran and won as city during his first term. Can Hagedorn be a candidate in
mayor in 2001. Is he qualified? the recall election?
Held: True, the new city acquired a new corporate Held: What the Constitution prohibits is an immediate
existence separate and distinct from that of the reelection for a fourth term following three
municipality. This does not mean, however, that for consecutive terms. The Constitution, however, does
the purpose of applying the subject Constitutional not prohibit a subsequent reelection for a fourth term
provision, the office of the municipal mayor would as long as the reelection is not immediately after the
now be construed as a different local government end of the third consecutive term. A recall election
post as that of the office of the city mayor. The mid-way in the term following the third consecutive
territorial jurisdiction of the City of Digos is the same term is a subsequent election but not an immediate
as that of the municipality. Consequently, the reelection after the third term.
inhabitants of the municipality are the same as those
in the city. These inhabitants are the same group of
Lonzanida v. COMELEC, July 28, 2009 – Lonzanida office, the Sandiganbayan preventively suspended him
won as Mayor of San Antonio, Zambales, in 1988 and for 90 days This Court, however, subsequently lifted
1992 elections. He ran, won and assumed office again the Sandiganbayan’s suspension order; hence, he
in 1995 but his opponent filed a protest so that he was resumed performing the functions of his office and
unseated on Feb. 27, 1998, or just 4 months before finished his term. in relation with a criminal case he
the end of the term (because he really did not win). then faced. Can he run for another term?
Can he ran again for the same position in the May 11,
1998 elections? Held: No more. Temporary inability or disqualification
to exercise the functions of an elective post, even if
Yes! He can run. The prohibition on serving more than involuntary, should not be considered an effective
3 consecutive terms applies only if: interruption of a term because it does not involve the
a) the official has been elected for 3 consecutive loss of title to office or at least an effective break from
terms in the same local government post, and holding office; the office holder, while retaining title,
b) that he has fully served 3 consecutive terms. is simply barred from exercising the functions of his
office for a reason provided by law.
In the case at bar, Lonzanida has not been elected for
3 consecutive terms as mayor as he lost in 1998 In preventive suspension, the local elective official
election. Moreover he has not fully served the 3 continues to be an official but he is only barred for the
consecutive terms as he was unseated 4 months moment to discharge his function during the duration
before the end of his 3rd term. of such preventive suspension. Otherwise stated, he
can no longer ran as he has been duly elected for 3
Ong v. Alegre, Jan. 23, 2006 – Ong was proclaimed and consecutive terms and fully served the term thereof. It
served as Mayor of San Vicente, Camarines Norte in is as if he fully served it.
the 1995, 1998 and 2001 elections. However, his
election in 1998 was protested, but the decision came Supposed a mayor has been elected for the 3
out only declaring that he lost the election came out consecutive terms. On his last term, he was removed
only on July 4, 2001 or after the term ended, which he from office in an admin case. Can he run? No more.
fully served. Can he run in 2004 for the same Settled is the rule that a person removed from office
position? (counted as a full term) as a result of conviction in admin case is disqualified to
ran for any (local) elective position.
No more. The prohibition on serving more than 3
consecutive terms applies only if: Bolos v. COMELEC, March 17, 2009 – For three
a) the official has been elected for 3 consecutive consecutive terms, Bolos was elected as Punong
terms in the same local government post, and Barangay of Barangay Biking, Dauis, Bohol in the
b) that he has fully served 3 consecutive terms Barangay Elections held in 1994, 1997 and 2002. In
May 2004, while sitting as the incumbent Punong
True, Ong has not been elected for 3 consecutive Barangay of Barangay Biking, petitioner ran for
terms but it is evident that he has already served 3 Municipal Councilor of Dauis, Bohol and won. He
consecutive terms notwithstanding the declaration assumed office as Municipal Councilor on July 1, 2004,
that he lost on the 3rd term. The SC counted the same leaving his post as Punong Barangay. He served the
as full term as the decision came out only after serving full term of the Sangguniang Bayan position, which
the full 3rd term. Otherwise, the purpose of the was until June 30, 2007. Thereafter, he filed his
prohibition would not be served and attained if he will Certificate of Candidacy for Punong Barangay of
be allowed to run again. Consider this as the exception Barangay Biking, Dauis, Bohol in the October 29, 2007
to the general rule. Barangay and Sangguniang Kabataan Elections (for the
4th term).
Note: Also read Rivera v. Morales, May 3, 2007
Held: No! He cannot run anymore. Voluntary
Aldovino v. COMELEC, Dec. 23, 2009 – Asilo was renunciation of the office for any length of time shall
elected councilor of Lucena City for three consecutive not be considered as an interruption in the continuity
terms: for the 1998-2001, 2001-2004, and 2004-2007. of service for the full term for which the elective
In September 2005 or during his 2004-2007 term of official concerned was elected.
d) Yes, the fresh mandate given her during the
Supposed on his last term, he was appointed as recall election erased her disqualification for a
municipal councilor and he accepted the same. It will third term. NOT GOOD REASON!!!!
still be voluntary renunciation as he could have
refused the appointment. 2008, No. IX: Abdul ran and won in the May 2001,
2004 and 2007 elections for Vice-Governor of Tawi-
2006, IV: State whether or not the following laws are Tawi. After being proclaimed Vice-Governor in the
constitutional. Explain briefly. 2004 elections, his opponent, Khalil, filed an election
protest before the Commission on Election. Ruling with
A law fixing the terms of local elective officials, other finality on the protest, the COMELEC declared Khalil as
than barangay officials, to 6 years. the duly elected Vice-Governor though the decision
was promulgated only in 2007, when Abdul had fully
Not much here. Definitely unconstitutional! served his 2004-2007 term and was in fact already on
his 2007-2010 term as Vice Governor.
2011, No. 35. Alfredo was elected municipal mayor for
3 consecutive terms. During his third term, the Abdul now consults you if he can still run for Vice-
municipality became a city. Alfredo ran for city mayor Governor of Tawi-Tawi in the forthcoming May 2010
during the next immediately succeeding election. election on the premise that he could not be
Voltaire sought his disqualification citing the 3 term considered as having served as Vice-Governor from
limit for elective officials. Will Voltaire's action 2004-2007 because he was not duly elected to the
prosper? post, as he assumed office merely as a presumptive
winner and that presumption was later overturned
a) No, the 3 term limit should not apply to a when COMELEC decided with finality that had lost in
person who is running for a new position title. the May 2004 elections. What will be your advice?
b) Yes, the 3 term limit applies regardless of any
voluntary or involuntary interruption in the He should be advised not to seek for another term.
service of the local elective official. Ong case!
c) Yes, the 3 term limit uniformly applies to the
office of mayor, whether for city or 2001, No. 19. In the May 1992 elections, Manuel
municipality. (Latasa case!) Manalo and Segundo Parate were elected as Mayor
d) No, the 3 term limit should not apply to a local and Vice Mayor, respectively. Upon the death of
government unit that has assumed a different Manaloas incumbent Municipal Mayor, Vice Mayor
corporate existence. Segundo Parate succeeded as Mayor and served for
the remaining portion of the term of office. In the May
61. Adela served as Mayor of Kasim for 2 consecutive 1995 election, Segundo Parate ran for and won as
terms. On her third term, COMELEC ousted her in an mayor and then served the full term. In the May 1998
election protest that Gudi, her opponent, filed against elections, Segundo Parate filed his certificate of
her. Two years later, Gudi faced recall proceedings and candidacy for the same position of mayor, but his rival
Adela ran in the recall election against him. Adela won mayoralty candidate sought his disqualification
and served as Mayor for Gudi's remaining term. Can alleging violation of the 3-Term Limit for local elective
Adela run again for Mayor in the next succeeding officials provided for in the Local Government
election without violating the 3 term limit? Code.Decide whether the disqualification will prosper
ornot.
a) No, she won the regular mayoralty election
for two consecutive terms and the recall He can still run. Note that he only succeeded his first
election constitutes her third term. term as consequence of the death of Manuel Manalo.
b) A. No, she already won the mayoralty election No problem here!
for 3 consecutive terms.
c) Yes, her ouster from office in her third term 2005, No. 9 (2): Manuel was elected Mayor of the
interrupted the continuity of her service as Municipality of Tuba in the elections of 1992, 1995 and
mayor. 1998. He fully served his first two terms, and during his
third term, the municipality was converted into the
component City of Tuba. The said charter provided for
a hold-over and so without interregnum Manuel went Section 2. The President, the Vice-President, the
on to serve as the Mayor of the City of Tuba. In the Members of the Supreme Court, the Members of the
2001 elections, Manuel filed his certificate of Constitutional Commissions, and the Ombudsman
candidacy for City Mayor (for the 4th time). He may be removed from office on impeachment for,
disclosed, though, that he had already served for three and conviction of, culpable violation of the
consecutive terms as elected Mayor when Tuba was Constitution, treason, bribery, graft and corruption,
still a municipality. He also stated in his certificate of other high crimes, or betrayal of public trust. All
candidacy that he is running for the position of Mayor other public officers and employees may be removed
for the first time now that Tuba is a city. Reyes, an from office as provided by law, but not by
adversary, ran against Manuel and petitioned that he impeachment.
be disqualified because he had already served for
three consecutive terms as Mayor. The petition was Who are impeachable officers? (The list is exclusive)
not timely acted upon, and Manuel was proclaimed 1. President
the winner with 20,000 votes over the 10,000 votes 2. Vice-President
received by Reyes as the only other candidate. It was 3. Members of the Constitutional Commission
only after Manuel took his oath and assumed office 4. Justices of the Supreme Court
that the COMELEC ruled that he was disqualified for 5. Ombudsman – himself only is impeachable;
having ran and served for three consecutive terms. deputy ombudsman are not inclusive despite the
manner of choosing them is the same
(a) As lawyer of Manuel, present the possible Note: Justices of the Sandiganbayan cannot be
arguments to prevent his disqualification and removal. removed by impeachment
You will be forced to argue that the position he is Impeachment of President — the Chief Justice of the
running is the same position in view of the conversion Supreme Court will preside; the Senate/HOR will
of the municipality into a city during his last term. prosecute
(b) How would you rule on whether or not Manuel is Grounds for impeachment:
eligible to run as Mayor of the newly-created City of 1. Culpable violation of the constitution
Tuba immediately after having already served for 2. Treason
three (3) consecutive terms as Mayor of the 3. Bribery
Municipality of Tuba? 4. Betrayal of public trust
5. Graft and corruption
Latasa doctrine! Read it again! 6. Other high crimes
ARTICLE XI. ACCOUNTABILITY OF PUBLIC OFFICERS Francisco case: Determination of “what is an

impeachable offense” is a Political Question – an
Section 1. Public office is a public trust. Public officers impeachment complaint against Davide was filed for
and employees must, at all times, be accountable to misuse of JDF funds. It was raised that misuse of JDF
the people, serve them with utmost responsibility, funds is not an impeachable offense. Held: the
integrity, loyalty, and efficiency; act with patriotism determination of what constitute an impeachable
and justice, and lead modest lives. offense is a political question. It has to be decided by
the House and Senate.
Public office is a public trust, and as such, the same is
governed by law, and cannot be made the subject of Section 3.
personal promises or negotiations by private persons. 1. The House of Representatives shall have the
Security of tenure of employees in the career exclusive power to initiate all cases of
executive service (except first and second level impeachment.
employees in the civil service), pertains only to rank 2. A verified complaint for impeachment may be
and not to the office or to the position to which they filed by any Member of the House of
may be appointed. (Collantes vs. CA, G.R. No. 169604, Representatives or by any citizen upon a
March 6, 2007) resolution or endorsement by any Member
thereof, which shall be included in the Order of 1. Verified complaint filed by any member of the
Business within ten session days, and referred to House or any citizen upon resolution of
the proper Committee within three session days endorsement by any member thereof;
thereafter. The Committee, after hearing, and by a) If filed by a house member – no need of
a majority vote of all its Members, shall submit resolution
its report to the House within sixty session days b) If filed by any citizen – resolution of
from such referral, together with the endorsement is a must or it must be
corresponding resolution. The resolution shall be endorsedverification is a very important
calendared for consideration by the House within component.
ten session days from receipt thereof. 2. Included in the order of business within ten (10)
3. A vote of at least one-third of all the Members of session days;
the House shall be necessary either to affirm a 3. Referred to the proper committee within three (3)
favorable resolution with the Articles of session days of its inclusion; if the verified
Impeachment of the Committee, or override its complaint is filed by at least 1/3 of all its
contrary resolution. The vote of each Member members, the same shall constitute the Articles of
shall be recorded. Impeachment, and trial by the Senate shall
4. In case the verified complaint or resolution of forthwith proceed.
impeachment is filed by at least one-third of all 4. The Committee, after hearing, and by majority
the Members of the House, the same shall vote of all its members, shall submit its report to
constitute the Articles of Impeachment, and trial the House within sixty session days from such
by the Senate shall forthwith proceed. referral,together with the corresponding
5. No impeachment proceedings shall be initiated resolution;
against the same official more than once within a 5. Placing on calendar the Committee resolution
period of one year. within ten (10) days from submission;
6. The Senate shall have the sole power to try and 6. Discussion on the floor of the report;
decide all cases of impeachment. When sitting for 7. A vote of at least 1/3 of all the members of the
that purpose, the Senators shall be on oath or House shall be necessary either to affirm a
affirmation. When the President of the favorable resolution with the Articles of
Philippines is on trial, the Chief Justice of the Impeachment of the Committee or override its
Supreme Court shall preside, but shall not vote. contrary resolution.
No person shall be convicted without the
concurrence of two-thirds of all the Members of Can the procedure be avoided? Yes! In case the
the Senate. verified complaint or resolution of impeachment is
7. Judgment in cases of impeachment shall not filed by at least one-third of all the Members of the
extend further than removal from office and House, the same shall constitute the Articles of
disqualification to hold any office under the Impeachment, and trial by the Senate shall forthwith
Republic of the Philippines, but the party proceed, such as what happened in CORONA CASE,
convicted shall nevertheless be liable and subject where 1/3 of all the members of the house filed a
to prosecution, trial, and punishment, according verified complaint or resolution of impeachment. It
to law. need not go with the committee anymore. Referral to
8. The Congress shall promulgate its rules on the committee can be avoided if this procedure is
impeachment to effectively carry out the purpose done.
of this section.
Trial and Decision:
Procedure in Impeachment 1. The Senators take an oath or affirmation;
2. When the president is on trial, the Chief Justice of
Initiation: The House of Representatives shall have the Supreme Court shall preside but shall not
the exclusive power to initiate all cases of vote;
impeachment. 3. A decision of conviction must be concurred in by
at least 2/3 of all the members of the Senate.
Process:
Effect of Conviction:
1. Removal from office; of Representative on Jan 10, which it referred to the
2. Disqualification to hold any other office under the Committee on Justice on Jan. 20, 2011 . After
Republic of the Philippines; deliberation, the Committee dismissed it for
3. Party convicted shall be liable and subject to insufficiency in form and substance. On Feb. 20, 2011,
prosecution, trial and punishment according to another complaint, for treason, was filed in the House
law. and referred to the Committee. This time the
Committee found it sufficient in form and substance
Limitation: and the House approved the resolution for its filing by
1. Not more than one impeachment case shall be 2/3 majority. When the Articles of Impeachment was
initiated against the same official within a period filed in the Senate, A moved to dismiss it on the
of one (1) year. ground that no 2nd complaint for impeachment can be
2. The House of Representatives shall have the initiated against him within one year. Is A correct?
exclusive power to initiate all cases of
impeachment. a) Yes, because there was a violation of the rule
regarding the filing of a 2nd complaint within
Davide Impeachment: one year – Initiation takes place by the act of
1. June 2, 2003 – Estrada complaint – Dismissed due filing of the impeachment complaint and
to insufficiency in substance. This was on the referral to the House Committee on Justice.
ground of culpable violation of constitution. b) No, because the first complaint was not found
2. Oct. 23, 2003 – JDF complaint signed by 1/3; this by the Committee to be sufficient in form and
was initiated by Gibo Teodoro for misuse of JDF substance
funds c) No, because what is prohibited by the
Constitution is the filing of 2 Articles of
Is it now a second complaint initiated in the House? Impeachment against the same official within
Yes!Initiation takes place by the act of filing of the one year
impeachment complaint and referral to the House d) No, because the grounds invoked in the two
Committee on Justice. The first complaint was complaints are totally different and
referred to the committee which was found to be independent of each other
insufficient in substance. Hence, the second complaint
is now barred. For purposes of the “one-complaint in one year rule”,
an impeachment complaint is deemed initiated:
Gutierrez Impeachment
1. July 22 – 1st Complaint [culpable violation] a) Upon the filing of the complaint by a Member
2. Aug. 2 – 2nd Complaint [culpable violation] or any citizen with the House of
3. Aug. 11 – simultaneously referred to the Representatives
Committee on Justice b) By the filing of the complaint with the House
Committee found both sufficient – is there a violation? of Representative and referral to the House
Committee on Justice
There is no violation. While there were 2 complaints c) When one-third of the House of
successively filed, both were referred simultaneously Representatives votes to affirm or overrule
to the committee. Hence, there is no violation on Sec. the Committee Report
3 (5). No impeachment proceedings shall be initiated d) When an Articles of Impeachment is actually
against the same official more than once within a filed in the Senate for Trial
period of one year. It is as if only 1 complaint was
referred. 2011, No. 28. Upon endorsement from the Senate
where it was first mistakenly filed, the House
Initiation takes place by the act of filing of the Representatives Committee on Justice found the
impeachment complaint and referral to the House verified complaint for impeachment against the
Committee on Justice. President sufficient in form but insufficient in
substance. Within the same year, another
A complaint for impeachment was filed against A, a impeachment suit was filed against the President who
COMELEC Commissioner, for bribery, before the House
questioned the same for being violative of the
Constitution. Is the President correct? A is Justice of the Supreme. During his incumbency, he
can be:
a) No, “initiated” means the Articles of
Impeachment have been actually filed with a) disbarred from the practice of law
the Senate for trial; this did not yet happen b) charged criminally for estafa
b) No, the first complaint was not yet initiated c) sued civilly for breach of contract
because it was originally filed with the Senate d) sued administratively before the Ombudsman
c) Yes, the dismissal of the first impeachment
proceeding bars the initiation of another Note: An impeachable officer cannot be removed
during the same term of the President except by impeachment.
d) Yes, no impeachment proceeding can be filed
against the President more than once within a Marcoleta v. Borra (2009) – Disbarment; COMELEC
year Commissioner cannot be disbarred because he is an
impeachable official.
Gutierrez Case: Must the Impeachment Rules of the
House or the Senate be published? Publication in the Re: Undated Letter (2009) – Ex parte investigation by
internet of the rules is allowed. Remember: The Supreme Court; investigation of Justice Torres for
Congress shall promulgate its rules on impeachment decision leakage: the SC proceeded with the
to effectively carry out the purpose of this section. investigation against him considering he is already
retired.
Distinguish the word “promulgate its rules” from “the
senate shall publish”. Crim. Case Civil Case Disbarment
President x x x
When they filed the complaint against Gutierrez, it VP x / /
was not yet published but they had it publish in the SC Justice x / x
internet. That is ALLOWED! COMELEC x / x
OMB x / x
Deputy OMB / / /
Penalties for conviction:
1. Removal – mandatory penalty Reason: Deputy OMB is not an impeachable officer.
2. Disqualification to any public office in the future –
OPTIONAL in American jurisprudence; still not Note: CPA/COA commissioner cannot be stripped
determined in our jurisdiction – Thus, not from his license during his tenure; analogous to
mandatory disbarment.
In re: Raul Gonzales – Republic vs. Sandiganbayan, G.R. No. 142476, March
An impeachable officer cannot be: 20, 2001, the Republic of the Philippines cannot be
1. Disbarred if his being a lawyer is a qualification for held liable under an “Agreement” entered into by the
the position he holds PCGG with another party where the republic did not
2. Criminally charged for an offense which carries a authorize the PCGG to enter into such contract.
penalty of removal from office, or service of which Where the sale of an aircraft to a third party by the
amounts to a removal. PCGG is void, it follows that the “Agreement” between
the PCGG and the third party is likewise a nullity, and
Rationale: The position these officers (impeachable) there can be no cause of action against the Republic.
are provided in the constitution providing their
removal only through impeachment so that they can Presidential Ad Hoc Fact-Finding Committee on
perform their functions independently. Behest Loans vs. Desierto, et al. G.R. No. 130140,
October 25, 1999, Article XI, Section 15 of the
The correct procedure: File an impeachment Constitution provides that the “right of the State to
complaint and convict first these impeachable officials recover properties unlawfully acquired by public
and then proceed for disbarment or charge him officials or employees, from them or from their
criminally. nominees as transferees, shall not be barred by
prescription, laches, or estoppel. This provision does deliberately rendering an unjust decision in utter
not seem to indicate that what is imprescriptible is the violation of the penal laws of the land. Can the OMB
corresponding civil action to recover “ill-gotten validly take cognizance of the case. Explain. No! An
wealth” but not the criminal action that may relate impeachable officer cannot be removed from office
thereto. The criminal action, i.e., violation of Section except by impeachment! In fact, the OMB cannot
3(c) and (g), RA 3019, can prescribe conformably with investigate a simple judge on matters related to his
the pertinent statute applicable which, in this function.
instance, BP 195, providing for a 15-year prescriptive
period and thereby modifying to the above extent the 2011, No. 98. May an incumbent Justice of the
10-year prescriptive period under RA 3019. Supreme Court be disbarred as a lawyer?
In Francisco vs. House of Representatives, G.R. No. a) No, it will amount to removal.
160261, November 10, 2003, an impeachment case is b) No, his membership in the bar is secure.
the legal controversy that must be decided by the c) Yes, by the Supreme Court itself.
Senate while an impeachment proceeding is one that d) Yes, by Congress in joint session.
is initiated in the House of Representatives. For
purposes of applying the one-year bar rule, the SANDIGANBAYAN
proceeding is “initiated” or begins when a verified
complaint is filed and referred to the Committee on The anti-graft court shall continue to function and
Justice for action. exercise its jurisdiction as now and hereafter may be
provided by law.
Legislative bodies cannot impose the administrative
punishment of removal from office because the power Composition:
to remove local elective officials has been exclusively 1. One (1) Presiding Justice
granted to the proper courts. (Sangguniang Barangay 2. Fourteen (14) Associate Justices with the rank of
of Don Mariano Marcos vs. Martinez, G.R. No. Justice of the Court of Appeals
170626) Sits in five (5) Divisions of three (3) members each
1988, No. 14: (1) What is impeachment? It is a Decision and Review — Unanimous vote of all three
procedure of removing high ranking officials from the (3) members shall be required for the pronouncement
government. of judgment by a division. Decision shall be reviewable
by the SC on petition for certiorari.
(2) Can Congress. By law, add to the list of
impeachable officers? No! Jurisdiction:
A. Original Jurisdiction
2000, No. 2: Is cronyism a legal ground for the 1. Violation of RA 3019; RA 1379; and Chapter II,
impeachment of the President? It must be Section 2, Title VII of theRPC where one or
distinguished. If it violates or results to bribery, more of the accused are officials occupying
treason, it can be a legal ground for impeachment. the followingpositions in the government,
whether in a permanent, acting or
1998, No. 9: Suppose a Commissioner of the COMELEC interimcapacity at the time of the commission
is charged before the Sandiganbayan for allegedly of the offense:
tolerating violation of the election laws against a) Officials of the Executive branch with the
proliferation of prohibited billboards and election position of Regional Director orhigher, or
propaganda with the end in view of removing him with SG Level 27 according to RA 6758,
from office. Will the action prosper? No! An specifically including:
impeachable officer cannot be removed from office 1) Provincial governors, vice-governors,
except by impeachment. board members, provincialtreasures,
assessors, engineers and other
2003, No. 2: A group of losing litigants in a case provincial departmentshead;
decided by the Supreme Court filed a complaint before 2) City mayors, vice-mayors, city
the OMB charging the justices with knowingly and councilors, city treasurers, assessors,
engineers and other city department Tasked to entertain complaints addressed to him
heads; against erring public officers and take all necessary
3) Officials of the diplomatic service from actions thereon.
consuls or higher;
4) PA/PAF colonels, PN captains and all Composition:
officers of higher rank; 1. An Ombudsman known as the Tanodbayan
5) Officers of the PNP while occupying 2. One (1) Overall Deputy;
the position of provincial director and 3. At least one (1) Deputy e3ach for Luzon, Visayas
those holding the rank of senior and Mindanao;
superintendent or higher; 4. One (1) separate Deputy for the military
6) City/provincial prosecutors and their establishment may likewise be appointed
assistants, and officials and
prosecutors in the Office of the Qualifications:
Ombudsman and special prosecutor; 1. Natural-born citizen;
7) Presidents, directors, trustees, or 2. At least 40 years of age;
managers of GOCC’s state universities 3. Of recognized probity and independence;
or educational institutions or 4. Member of the Philippine Bar; and
foundations. 5. Must not have been candidates for any elective
b) Members of Congress and officials thereof office in the immediately preceding election.
with SG27 and up;
c) Members of the Judiciary without Term: Seven (7) years without reappointment
prejudice to the Constitution;
d) Chairmen and members of the Disqualifications and Inhibitions:
Constitutional Commissions without A. During their tenure:
prejudice to the Constitution; and 1. Shall not hold any other office or
e) All other national and local officials with employment;
SG27 or higher. 2. Engage in the practice of any profession or in
the active management and control of any
2. Other offenses or felonies whether simple or business which in any way may be affected by
complex with other crimes committed by the the functions of his office;
public officials and employees mentioned in 3. Shall not be financially interested, directly or
Subsection (a) in relation to their office; indirectly, in other contract with, or in any
3. Civil and criminal cases filed pursuant to and franchise or privilege granted by the
in connection with Executive Order Nos. 1, 2, government, any of its subdivision, agencies
14 and 14-A issued in 1986. or instrumentalities, including GOCCs or their
subsidiaries.
B. Exclusive Original Jurisdiction over petitions for 4. Shall not be qualified to run for any office in
the issuance of the writs of mandamus, the election immediately succeeding their
prohibitions, certiorari, habeas corpus, injunction cessation from office.
and other ancillary writs and processes in aid of
its appellate jurisdiction. Provided, that The Office of the Ombudsman shall enjoy fiscal
jurisdiction over these petitions shall be not autonomy. Its approved annual appropriations shall
exclusive of the Supreme Court. be automatically and regularly released. (Section 14,
Article XI)
C. Exclusive Appellate Jurisdiction over final
judgments, resolutions or orders of RTC whether Buenesada vs. Flavier, G.R. No. 106719, September
in the exercise of their own original jurisdiction or 21, 1993, the power to investigate also includes the
their appellate jurisdiction. (RA 8249) power to impose preventive suspension. This is
different from the power to recommend suspension.
THE OMBUDSMAN The latter is suspension as a penalty; preventive
suspension is not a penalty.

Powers, Functions and Duties: b) The charges should warrant removal from the
1. The Constitution and RA 6770 (Ombudsman Act of service; or
1989) has endowed the Office of the Ombudsman c) The respondent’s continued stay in the office
with a wide latitude of investigatory and prosecutor would prejudice the case filed against him.
powers virtually free from legislative, executive or 2. The Ombudsman can impose the 6-month
judicial intervention. The Supreme Court consistently preventive suspension to all public officials,
refrains from interfering with the exercise of its whether elective or appointive, who are under
powers, and respects the initiative and independence investigation.
inherent in the Ombudsman who, beholden to no one, 3. On the other hand, in imposing the shorter period
acts as the champion of the people and the preserver of sixty (60) days of preventive suspension
of the integrity of public service. (Loquias vs. Office of prescribed under the LGC of 1991 on an elective
the Ombudsman, G.R. No. 139396, August 15, 2000) local official (at any time after the issues are
joined), it would be enough that:
2. The Ombudsman is clothed with authority to a) There is a reasonable ground to believe that
conduct preliminary investigation and prosecute all the respondent hascommitted the act or acts
criminal cases involving public officers and employees, complained of;
not only those within the jurisdiction of the b) The evidence of culpability is strong;
Sandiganbayan but those within the jurisdiction of the c) The gravity of the offense so warrants; or
regular courts as well. (Uy vs. Sandiganbayan, G.R. d) The continuance in the office of the
No. 105965-70, March 20, 2001) respondent could influence thewitnesses or
pose a threat to the safety and integrity of the
Office of the Ombudsman vs. CSC, G.R. No. 162215, records and other evidence. (Miranda vs.
July 30, 2007, since the responsibility for the Sandiganbayan, G.R. No. 154098, July 27,
establishment, administration and maintenance of 2005)
qualification standards lies with the concerned
department or agency, the role of the CSC is limited to Office of the Ombudsman vs. CA, G.R. No. 168079,
assisting the department or agency with respect to July 17, 2007, the SC upheld the constitutionality of
these qualification standards and approving them. The Sections 15, 21 and 25 of RA 6770, thus affirming that
CSC cannot substitute its own standards for those of the powers of the Office of the Ombudsman are not
the department or agency, especially in a case like this merely recommendatory. The Court ruled in Estarija
in which an independent constitutional body is case that under RA 6770 and the 1987 Constitution,
involved. the Ombudsman has the constitutional power to
directly remove from the government service an
Perez vs. Sandiganbayan, G. R. No. 166062, erring public official, other than a member of Congress
September 26, 2006, the incumbent Tanodbayan and the Judiciary.
(called Special Prosecutor under the 1987 Constitution
and who is supposed to retain powers and duties NOT ARTICLE XII. NATIONAL ECONOMY AND PATRIMONY
GIVEN to the Ombudsman) is clearly without authority
to conduct preliminary investigations and to direct the Section 1. The goals of the national economy are a
filing of criminal cases with the Sandiganbayan, except more equitable distribution of opportunities, income,
upon orders of the Ombudsman. and wealth; a sustained increase in the amount of
goods and services produced by the nation for the
Suspension under the Ombudsman Act vis-à-vis the benefit of the people; and an expanding productivity
Local Government Code: as the key to raising the quality of life for all,
1. In order to justify the preventive suspension of a especially the underprivileged.
public official under Section 24 of RA 6770, the
evidence of guilt should be strong, and: The State shall promote industrialization and full
a) The charge against the officer or employee employment based on sound agricultural
should involve dishonesty, oppression or development and agrarian reform, through industries
grave misconduct or neglect in the that make full of efficient use of human and natural
performance of duty; resources, and which are competitive in both
domestic and foreign markets. However, the State
shall protect Filipino enterprises against unfair minerals, petroleum, and other mineral oils
foreign competition and trade practices. according to the general terms and conditions
provided by law, based on real contributions to the
In the pursuit of these goals, all sectors of the economic growth and general welfare of the country.
economy and all region s of the country shall be In such agreements, the State shall promote the
given optimum opportunity to develop. Private development and use of local scientific and technical
enterprises, including corporations, cooperatives, and resources.
similar collective organizations, shall be encouraged
to broaden the base of their ownership. The President shall notify the Congress of every
contract entered into in accordance with this
Section 1, Article XII — Goals: provision, within thirty days from its execution.
1. More equitable distribution of wealth
2. Increased wealth for the benefit of the people Regalian Doctrine – All lands of the public domain,
3. Increased productivity. waters, minerals, coals, petroleum and other mineral
oils, all forces of potential energy, fisheries, forests, or
Section 2. All lands of the public domain, waters, timber, wildlife, flora and fauna, and natural resources
minerals, coal, petroleum, and other mineral oils, all belong to the State. With the exception of agricultural
forces of potential energy, fisheries, forests or lands, all other natural resources shall not be
timber, wildlife, flora and fauna, and other natural alienated.
resources are owned by the State. With the exception
of agricultural lands, all other natural resources shall To prove that the land subject of an application for
not be alienated. The exploration, development, and registration is alienable, an applicant must
utilization of natural resources shall be under the full conclusively establish the existence of a positive act of
control and supervision of the State. The State may the government such as a presidential proclamation or
directly undertake such activities, or it may enter into an executive order, or an administrative action,
co-production, joint venture, or production-sharing investigation reports of the Bureau of Lands
agreements with Filipino citizens, or corporations or Investigator or a legislative act or statute. Until then,
associations at least 60 per centum of whose capital the rules on confirmation of imperfect title do not
is owned by such citizens. Such agreements may be apply. A certification of the Community Environment
for a period not exceeding twenty-five years, and Natural Resources Officer (CENRO) in the DENR
renewable for not more than twenty-five years, and stating that the land subject of an application is found
under such terms and conditions as may be provided to be within the alienable and disposable site in a land
by law. In cases of water rights for irrigation, water classification project map is sufficient evidence to
supply, fisheries, or industrial uses other than the show the real character of the land subject of the
development of waterpower, beneficial use may be application. (RP vs. Candy Maker, Inc., G.R. No.
the measure and limit of the grant. 163766, June 22, 2006)
The State shall protect the nation’s marine wealth in Exploration, exploitation and development shall be
its archipelagic waters, territorial sea, and exclusive under the full control of the State.
economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens. General Rule: Occupation, no matter how long, will
not ripen into title. The presumption is that all lands
The Congress may, by law, allow small-scale belong to the state.
utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to Exception: Agricultural Lands of the Public Domain
subsistence fishermen and fish workers in rivers, [reclassified as alienable and disposable) – this can be
lakes, bays, and lagoons. owned by private individuals.
The President may enter into agreements with Section 3. Lands of the public domain are classified
foreign-owned corporations involving either into agricultural, forest or timber, mineral lands and
technical or financial assistance for large-scale national parks. Agricultural lands of the public
exploration, development, and utilization of domain may be further classified by law according to
the uses to which they may be devoted. Alienable 1. Foreigners who inherit through intestate
lands of the public domain shall be limited to succession;
agricultural lands. Private corporations or 2. Former natural-born citizen may be a transferee
associations may not hold such alienable lands of the of private lands subject to limitations provided by
public domain except by lease, for a period not law; – applies only to those who remained
exceeding twenty-five years, renewable for not more foreigners; It does not apply to those who
than twenty-five years, and not to exceed one reacquired Filipino citizenship pursuant to RA
thousand hectares in area. Citizens of the Philippines 9225 because there is no restriction of ownership
may lease not more than five hundred hectares, or there
acquire not more than twelve hectares thereof, by 3. Ownership in condominium units;
purchase, homestead, or grant. 4. Parity right agreement, under 1935 Constitution.
Taking into account the requirements of Stewardship Doctrine — private property is supposed
conservation, ecology, and development, and subject to be held by the individual only as a trustee for the
to the requirements of agrarian reform, the Congress people in general, who are its real owner.
shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or Section 9. The Congress may establish an
leased and the conditions therefor. independent economic and planning agency headed
by the President, which shall, after consultations with
Section 4. The Congress shall, as soon as possible, the appropriate public agencies, various private
determine, by law, the specific limits of forest lands sectors, and local government units, recommend to
and national parks, marking clearly their boundaries Congress, and implement continuing integrated and
on the ground. Thereafter, such forest lands and coordinated programs and policies for national
national parks shall be conserved and may not be development.
increased nor diminished, except by law. The
Congress shall provide for such period as it may Until the Congress provides otherwise, the National
determine, measures to prohibit logging in Economic and Development Authority shall function
endangered forests and watershed areas. as the independent planning agency of the
government.
Classification of Lands of the Public Domain:
1. Agricultural; Section 10. The Congress shall, upon
2. Forest or timber; recommendation of the economic and planning
3. Mineral lands; and agency, when the national interest dictates, reserve
4. National parks. to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose
Section 7. Save in cases of hereditary succession, no capital is owned by such citizens, or such higher
private lands shall be transferred or conveyed except percentage as Congress may prescribe, certain areas
to individuals, corporations, or associations qualified of investments. The Congress shall enact measures
to acquire or hold lands of the public domain. that will encourage the formation and operation of
enterprises whose capital is wholly owned by
Section 8. Notwithstanding the provisions of Section Filipinos.
7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship In the grant of rights, privileges, and concessions
may be a transferee of private lands, subject to covering the national economy and patrimony, the
limitations provided by law. State shall give preference to qualified Filipinos.
General Rule: No private land shall be transferred or The State shall regulate and exercise authority over
conveyed except to individuals, corporations or foreign investments within its national jurisdiction
associations qualified to acquire or hold lands of the and in accordance with its national goals and
public domain. priorities.
Exceptions:
Filipino First Policy — in the grant of rights, privileges, 3. There must be a law setting down the terms and
and concessions covering the national economy and conditions
patrimony, the State shall give preference to qualified 4. President must notify Congress within 30 days of
Filipinos. (2nd paragraph, Section 10, Article XII) making agreement
This provision is self-executing. It is mandatory, Can Filipino citizens and corporations (60% Filipino
positive command which is complete in itself and owned) directly exploit natural resources? Yes, but
which needs no further guidelines or implementing only through:
laws or rules for its enforcement. From its very words 1. Co-production
the provision does not require any legislation to put it 2. Joint venture
in operation. It is per se judicially enforceable. When 3. Production sharing
our Constitution mandates that in the grant of rights,
privileges, and concessions covering the national Note: Foreign corporations – only to FTPP; Miners v.
economy and patrimony, the State shall give Factoran – Can they exploit through license and
preference to qualified Filipinos, it means just that— concession? No more! Those who have obtained
qualified Filipinos must be preferred. (Manila Prince license and concession shall continue its operation but
Hotel vs. GSIS, G.R. No. 118295, May 2, 1997) cannot anymore be extended.
A joint venture is an association of persons or 1994, No. 11: In the desire to improve the fishing
companies jointly undertaking some commercial methods of the fishermen, the Bureau of Fisheries,
enterprise with all of them generally contributing with the approval of the President, entered into a
assets and sharing risks. Considering more of a memorandum agreement to allow Thai fishermen to
partnership, a joint venture is governed by the laws on fish within 200 miles from the Philippine sea coasts on
contracts and on partnership. The joint venture condition that Filipino fishermen be allowed to use
created between National Investment and Thai fishing equipment and vessels and to learn
Development Corporation (NIDC) and Kawasaki falls modern technology in fishing and canning.
within the purview of an “association” pursuant to 1. Is the agreement valid?
Section 5 of Article XIV of the 1973 Constitution and
Section 11 of Article XII of the 1987 Constitution. a) Yes, because the Constitution authorizes the
Consequently, a joint venture that would engage in President to enter into such agreement
the business of operating a public utility, such as b) Yes, because this constitutes a form of
shipyard, must observe the proportion of 60%-40% technical assistance permitted by the
Filipino-Foreign capitalization. (JG Summit Holdings, Constitution
Inc. vs. CA, 345 SCRA 143) c) No, because aliens are absolutely prohibited
from participating in the exploitation of
Temporary Take Over of Business Affected with natural resources in the Philippines
Public Interest — The State may temporarily take over d) No, because fishing is not one of the areas
or direct the operation of any privately owned public where aliens may enter into a Financial or
utility or business affected with public interest: Technical Assistance with the state.
1. In times of national emergency;
2. When the public interest so requires; and 2. Supposed the agreement is for joint venture on the
3. During the emergency and under reasonable same area with Thai oil companies for the exploitation
terms prescribed by it. of minerals with the Thai corporation providing
technical and financial assistance? YES, if it is large
Can aliens engaged in utilization and exploit of natural scale through Technical and financial assistance in
resources? Yes, but only through Technical and accordance with law
Financial Assistance. Requisites: .
1. Utilization of mineral, petroleum and other La Bugal Case –
mineral oils
2. Must be large scale exploration( IF SMALL SCALE- 1. Can a Filipino corporation enter into a Financial and
LEAVE IT TO THE FILIPINOS) Technical Assistance with the Government? Yes! With
more reason it would be allowed to Filipinos!
2.Is an FTAA limited to supplying financial and PEA sells it to a Filipino individual, Amari can now own
technical assistance? No. It includes an integrated it because a Filipino corporation is allowed to acquire
exploration, development and utilization. It is a service private land.
contract with the foreign corporation as contractor
and the government as owner. Control? Policies, Chavez v. NHA
guidelines, regulations in industry standards; the state
provides issues policies. Suppose the land is registered in the name of NHA,
may it be transferred to a private corporation? NHA is
Note: New EO of P-Noy prohibits the issuance of new not an agency holding public lands. It is an “end user”.
permits in mining until the Congress provides law for
Once registered in its name, they are patrimonial
the same. However, exploration is still allowed. properties. Hence, a private corporation can acquire.
Public land Sale/Grant Lease Director v. Iglesia: Can a corporation be transferee of

(which has been (from the
an alienable land of the Public Domain which it has
declared alienable gov’t)
and disposable) occupied by itself or through its predecessor in interest
Individual Filipino Yes (12 has.) Yes (not for over 30 years prior to the effectivity of the 1987
exceeding500 Constitution?Rep. v. Tsai, 590 SCRA 423 (2009)
has.)
Filipino Corporation No Yes (not Doctrine: Once you have occupied the public lands for
or Individual exceeding1000 30 years or since June 12, 1945, that land ipso facto
has.)
becomes a private property. Since it is converted
Foreign Corporation No No
already into a private land, a Filipino corporation may
now own the same.. It has become a private land by
Private land Purchase Lease
FilipinoIndividual Yes Yes lapse of time.
or Corporation
Foreign No, except: Yes 2011, 6. Althea, a Filipino citizen, bought a lot in the
Individual 1. hereditary Philippines in 1975. Her predecessors-in-interest have
succession been in open, continuous, exclusive and notorious
2. former possession of the lot since 1940, in the concept of
natural-born
owner. In 1988, Althea became a naturalized
Filipino citizens
(now alien) Australian citizen. Is she qualified to apply for
3. can own registration of the lot in her name?
condo unit
provided that a) Yes, provided she acquires back her Filipino
Foreign No Yes citizenship.
Corporation b) No, except when it can be proved that
Australia has a counterpart domestic law that
Chavez v. PEA: Amari Deal
also favors former Filipino citizens residing
there.
How do you classify reclaimed areas in Manila Bay?
c) Yes, the lot is already private in character and
Alienable Lands of the Public Domain – It is considered
as a former natural-born Filipino, she can buy
alienable land of public domains.
the lot and apply for its registration in her
name. (subject to limitations – 3 has. rural,
Can it be sold to AMARI, a private Filipino
5000 urban)
Corporation? No! A private Filipino corporation cannot
d) No, foreigners are not allowed to own lands in
be a grantee or purchaser of a public land.. It can only
the Philippines.
lease.
Lee v. Republic: Land sold to Chinese. He left it to his
If the land is titled in the name of the Philippine Estate
heirs who have become Filipinos. Can the government
Authority, are they private lands which could be sold
recover? No! since the land are now in the possession
to AMARI? Not end-user; PEA is a public entity like
and ownership of the Filipinos, the defect has been
DENR of the government. It cannot be acquired. But if
cured.
Muller: if a mixed married couple acquires land in the a) No, because A, being an alien cannot have any
Philippines, and the marriage splits, can the alien right over a piece of land
spouse get at least the monetary equivalent of his b) No, only Descalar, the registered owner can
investment? No! To allow the alien to get the validly dispose of the property
monetary value is to accept the fact that you have c) Yes, because X, the buyer, being a Filipino
interest in the land. This is an indirect violation of the citizen, the constitutional provision on
proscription! ownership of lands by aliens is not violated
d) Yes, because aliens are not prohibited from
Matthews v. Taylor (2009): Filipina wife leased acquiring private lands in the Philippines
property without consent of alien husband. Can lease
be annulled? No! The alien cannot do that because he Section 11. No franchise, certificate, or any other
has no interest in the land located in the Philippines. form of authorization for the operation of a public
He has no personality to file the case. utility shall be granted except to citizens of the
Philippines or to corporations or associations
Strategic v. Asiavest (2010): Can an alien corporation organized under the laws of the Philippines, at least
be assigned rights over real properties in the sixty per centum of whose capital is owned by such
Philippines? This happens when the parties to case citizens; nor shall such franchise, certificate, or
involving Filipinos and aliens. The former intended to authorization be exclusive in character or for a longer
assign its rights over a real property to aliens. Is it period than fifty years. Neither shall any such
allowed? No! It is as if you are giving him real franchise or right be granted except under the
properties. condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the
JG Summit (2005): What about a right of first refusal common good so requires. The State shall encourage
given to alien stockholders over shares of a land- equity participation in public utilities by the general
owning corporation? There was an agreement public. The participation of foreign investors in the
providing the right of first refusal to aliens. Is it valid? governing body of any public utility enterprise shall
Yes! Valid stipulation. Anyways, the aliens may assign be limited to their proportionate share in its capital,
its rights of refusal. The moment foreign ownership of and all the executive and managing officers of such
the shares exceeded the 60%, the corporation can no corporation or association must be citizens of the
longer own a land as it ceases to be Filipino Philippines.
corporation.
Note: Aliens can own public utility but cannot operate.
Borromeo – Descalar (2009): Alien husband sold it to Note also that “capital” here refers to common shares
a Filipino. Can the buyer get the property? A Swiss which have voting rights.
man lived with a Filipino woman. He bought a land
and had it registered under the name of that Filipina. 2011, 53. Small-scale utilization of natural resources
The relationship soured so the Swiss man sold his by Filipino citizens may be allowed by:
interest to another who cannot have it registered as
the live-in partner opposed to it on the ground that a) Congress.
the Swiss has no interest therein, and hence, an b) either the Senate or the House of
invalid sale. Held: The sale is valid. What the Representatives.
constitution prohibits is the sale of land to aliens. In c) the President.
the case at bar, while the seller of interest of land is an d) the President with the consent of Congress.
alien, the buyer is a Filipino. He can get the land.
Reserved Areas –
A, an Austrian, lived with Descalar, a Filipina. Out of
his own funds, he purchased a piece of land but had it 1. Operation of public utility, XII, 11 (60%) Board?
registered in the name of Descalar, her live-in partner. Aliens can own railways, planes without violating
Later, they had a falling out, and A sold his interest the Constitution. What is prohibited is ownership
over the land to X, a Filipino citizen. Is the sale of the franchise.
between A and X valid?
2. Practice of all professions XII, 14 – a hospital was
purchased by Japanese. Majority shares went to 1989, No. 2: Maria, a natural-born Filipino citizen,
Japanese doctors. Held: No violation ownership of went to the US in 1965 to work as a nurse. With her
hospital is different from the practice of medical savings she bought a parcel of land consisting of 1,000
profession. square meters. She had it titled in her name in 1970.
In 1972, she acquired American citizenship and
3. Educational institutions, except religious boards married a Canadian.
and missions, XIV, 4 (60%) 1. Can Maria sell the land to the sister of her husband
who is a Canadian citizen? No! No sale to aliens.
4. Ownership and management of mass media, XVI, 2. Supposing Maria’s husband dies and she decides to
Sec. 11 (100) reside in the Philippines permanently, can Maria buy
the parcel of land consisting of 400 square meters
5. Advertising industry, XVI, 11 (70%] neighboring her own? Yes! It does not exceed 3000
square meters.
Gamboa v. Finance Secretary, 652 SCRA 690 (2011) –
The government sold its shares of stocks in Philippine 1989, No. 11: (1) A domestic corporation with 30%
Telecommunications Investment Corporation (PTIC) to foreign equity proposes to publish a weekly magazine
Metro Pacific Assets Holdings, Inc. (MPAH), an affiliate for general circulation in Metro Manila which will
of First Pacific Company Limited (First Pacific). Since feature the lifestyle of the rich and the famous. May
PTIC is a stockholder of PLDT, the sale by the this be done? No! It will violate the 100% Filipino
Philippine Government of 46.125 percent of PTIC ownership requirement. (Mass media)
shares is actually an indirect sale of 12 million shares
or about 6.3 percent of the outstanding common (2) May a foreigner who owns substantial
shares of PLDT. With the sale, First Pacific’s common stockholdings in a corporation engaged in advertising
shareholdings in PLDT increased from 30.7 percent to industry sit as treasurer of said corporation? No! The
37 percent, thereby increasing the common law expressly provides that “…all the executive and
shareholdings of foreigners in PLDT to about 81.47 managing officers of in advertising corporation must
percent. However, PLDT’s non-voting preferred shares be citizens of the Philippines.”
are held mostly by Filipino citizens who are PLDT
subscribers. Would the sale violate Section 11, Article 1994, No. 8: [Problem Question] Can a dual citizen be
XII of the 1987 Philippine Constitution which limits elected Vice President of a local newspaper?Yes! The
foreign ownership of the capital of a public utility to requirement of Filipino citizenships in this context
not more than 40 percent? means Filipino without distinction.
Held: Yes. Considering that common shares have No. V, 1993: (1) give a business activity the equity of
voting rights which translate to control, as opposed to which must be owned by Filipino citizens:
preferred shares which usually have no voting rights, 1) At least 60% (operation of public utility and
the term “capital” in Section 11, Article XII of the educational institutions)
Constitution refers only to common shares. PLDT’s 2) At least 70% (Advertising company)
Articles of Incorporation expressly state that “the 3) 100% ( mass media)
holders of Serial Preferred Stock shall not be entitled
to vote at any meeting of the stockholders for the (2) Give 2 cases in which aliens may be allowed to
election of directors or for any other purpose or acquire equity in a business activity but cannot
otherwise participate in any action taken by the participate in the management thereof.Advertising
corporation or its stockholders, or to receive notice of and educational institutions
any meeting of stockholders.” In short, the term
“capital” in Section 11, Article XII of the Constitution Which business entity must be owned 100% by Filipino
refers only to shares of stock that can vote in the citizens?
election of directors. This interpretation is consistent
with the intent of the framers of the Constitution to a) educational institutions
place in the hands of Filipino citizens the control and b) hospitals
management of public utilities. c) mass media
d) advertising industry a) yes, because ONB is a Filipino corporation and
it is qualified to acquire private lands
2002, No. XI: A, a Filipino citizen, and his wife, B, b) no, because Filipino corporations are
Japanese national, bought a five hectare agricultural prohibited from acquiring lands of the public
land from X, a Filipino citizen. The couple later domain
executed a deed of donation over the same parcel of c) no, because only individuals, not corporations
land in favor of their only child C. A year later, can acquire private lands
however, C died in a vehicular accident without leaving d) no, because to qualify for land ownership, a
a last will and testament. Can X recover the land? corporation must be 100% Filipino-owned
Would your answer be the same if X filed the suit
against C when the latter was still alive? A is a member of the Manobo tribe. Since 1920, he and
his predecessors-in-interest have occupied an alienable
X cannot recover the land. The Japanese can inherit public agricultural land. Since A was unschooled, he
from the son c by heredity succession as exception to never bothered to obtain title in his name. In 2000, X
the general rule. X cannot still recover even if he Timber Corp., a corporation 60% of whose shares of
directed the suit against c because the latter is a stocks are owned by Filipino citizens, bought the land
Filipino. from A. Can X Timber register the land in its name?
2001, No. 5: A is an alien. State whether, in the a) No, because X Timber is not a Filipino
Philippines, he can be a lessee of a private agricultural corporation and it cannot acquire lands of the
land? Yes he is allowed. Aliens leases mortgage. public domain
b) No, because X Timber is not A Filipino
1998, No. 3. Express your agreement or disagreement corporation and it cannot acquire private
with the following: lands
1. Anyone, whether individual, corporation or c) Yes, because X Timber is a Filipino corporation
association, qualified to acquire private lands is also and it can acquire lands of the public domain
qualified to acquire public lands in the Philippines. d) Yes, because Timber is a Filipino corporation
and it can acquire private lands
Only a Filipino individual can acquire public lands and
private lands, but corporations and association cannot 2011, 76. Mass media in the Philippines may be owned
acquire public lands. and managed by:
5. A foreign corporation can only lease private lands in a) corporations wholly owned and managed by
the Philippines. Filipinos.
b) corporations 60% owned by Filipinos.
Yes it is allowed. They cannot lease public lands. c) corporations wholly owned by Filipinos.
d) corporations 60% owned and managed by
2009: True or False; 11 (a) Aliens are absolutely Filipinos
prohibited from owning private lands in the
Philippines. False. It can own by hereditary succession Right of Indigenous Cultural
and also former natural born citizens provided. Communities/Indigenous People
A piece of alienable agricultural land of the public Section 5. The State, subject to the provisions of this
domain was awarded to W, a member of an Constitution and national development policies and
indigenous tribe, on account of his long occupancy. He programs, shall protect the rights of indigenous
managed to obtain title in his name. cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
(a) May W sell it to ONE NETWORK RURAL BANK, Inc., being.
a corporation 60% of whose shares of stocks are
owned by Filipino citizens? Explain. The Congress may provide for the applicability of
customary laws governing property rights or

relations in determining the ownership and extent of actually occupied, possessed and utilized their
ancestral domain. territories under claim of ownership since time
immemorial. They share common bonds of language,
Constitutional Provisions Recognizing and Protecting customs, traditions and other distinctive cultural
the Rights and Interest of the Indigenous People: traits, or, they, by their resistance to political, social
1. Section 22, Article II—the State recognizes and and cultural inroads of colonization, non-indigenous
promotes the rights of indigenous peoples within the religions and cultures, became historically
framework of national unity and development. differentiated from the Filipino majority. The ICCs/IPs
2. Section 5, Article XII—the State, subject to the also include their descendants who inhabited the
provisions of the Constitution and national country at the time of conquest or colonization, who
development policies and programs, shall protect the have been displaced from their traditional territories
rights of indigenous cultural communities to their or who may have resettled outside their ancestral
ancestral lands to ensure their economic, social, and domains.
cultural well-being. The Congress may provide for the
applicability of customary laws governing property It recognizes the existence of the indigenous cultural
rights or relations in determining the ownership and communities or indigenous peoples (ICCs/IPs) as a
extent of ancestral domain. distinct sector in Philippine society. It grants these
3. Section 1, Article XIII people the ownership and possession of their
4. Section 6, Article XIII—the State shall apply the ancestral domains and ancestral lands, and defines
principles of agrarian reform stewardship, whenever the extent of these lands and domains. The ownership
applicable in accordance with law, in the disposition given is the indigenous concept of ownership under
or utilization of other natural resources, including customary law which traces its origin to native title.
lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, Within their ancestral domains and ancestral lands,
homestead rights of small settlers, and the rights of the ICCs/IPs are given the right to self-governance and
indigenous cultural communities to their ancestral empowerment, social justice and human rights; the
lands. right to preserve and protect their culture, traditions,
5. Section 17, Article XIV—the State shall recognize, institutions and community intellectual rights, and the
respect, and protect the rights of indigenous cultural right to develop their own sciences and technologies.
communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these Ancestral domains — are all areas belonging to
rights in the formulation of national plans and policies. ICCs/IPs held under a claim of ownership, occupied or
6. Section 12, Article XVI—the Congress may create a possessed by ICCs/IPs by themselves or through their
consultative body to advise the President on policies ancestors, communally or individually since time
affecting indigenous cultural communities, the immemorial, continuously until the present, except
majority of the members of which shall come from when interrupted by war, force majeure or
such communities. displacement by force, deceit, stealth or as a
consequence of government projects or any other
Indigenous Peoples Rights Act (RA 8371) – The IPRA is voluntary dealings with government and/or private
a law dealing with a specific group of people, i.e., the individuals or corporations. It comprises lands, inland
Indigenous Cultural Communities (ICCs) or the waters, coastal areas, and natural resources therein
Indigenous Peoples (IPs). The term ICCs is used in the and includes ancestral lands, forests, pasture,
1987 Constitution while that of IPs is the residential, agricultural, and other lands individually
contemporary international language in the owned whether alienable or not, hunting grounds,
International Labor Organization (ILO) Convention 169 burial grounds, worship areas, bodies of water,
and the UN Draft Declaration on the Rights of mineral and other natural resources. They also include
Indigenous Peoples. lands which may no longer be exclusively occupied by
ICCs/IPs but from which they traditionally had access
The ICCs or IPs refer to a group of people or to for their subsistence and traditional activities,
homogenous societies who have continuously lived as particularly the home ranges of ICCs/IPs who are still
an organized community on communally bounded and nomadic and/or shifting cultivators. Section 3(a), IPRA
defined territory. These groups of people have
Ancestral Lands—are lands held by the ICCs/IPs under Philippines. In the case of Reavies vs. Fianza, 40 Phil
the same conditions as ancestral domains except that 1017, the Court merely upheld the right of the
these are limited to lands and that these lands are not indigenous peoples to claim ownership of minerals
merely occupied and possessed but are also utilized under the Philippine Bill of 1902.
by the ICCs/IPs under claims of individual or
traditional group ownership. These lands include but Ownership by virtue of native title—presupposes that
are not limited to residential lots, rice terraces or the land has been held by its possessor and his
paddies, private forests, swidden farms and tree lots. predecessor-in-interest in the concept of an owner
Section 3(b), IPRA The right of the ICCs/IPs to their since time immemorial. The land is not acquired from
ancestral domains and ancestral lands may be the State, that is, Spain or its successor-in-interest, the
acquired in two modes: US and the Philippines Government. There has been
1. Native title over both ancestral domains and no transfer of title from the State as the lands has
lands; been regarded as private in character as far back as
2. Torrens title under the Public Land Act and the memory goes.
Land Registration Act with respect to ancestral
lands only. Ownership of the land by acquisitive prescription—
against the State involves a conversion of the
Native Title—refers to ICCs/IPs pre-conquest rights to character of the property from alienable public land to
lands and domains held under a claim of private private land, which presupposes a transfer of title
ownership as far back as memory reaches. These lands from the State to a private person.
are deemed never to have been public lands and are
indisputably presumed to have been held that way Jus Regalia—private title to the land must be traced to
since before the Spanish conquest. The rights of some grant, express or implied, from the Spanish
ICCs/IPs to their ancestral domains (which also include Crown or its successors, the American Colonial
ancestral lands) by virtue of native title shall be government and thereafter, the Philippine Republic.
recognized and respected (Section 11, IPRA). Formal The belief that the Spanish Crown is the origin of all
recognition, when solicited by ICCs/IPs concerned, land titles in the Philippines has persisted because title
shall be embodied in a Certificate of Ancestral Domain to land must emanate from some source for it cannot
Title (CADT), which shall recognize the title of the issue forth from nowhere.
concerned ICCs/IPs over the territories identified and
delineated. It refers to royal grants, or those rights which the King
has by virtue of his prerogatives. [Isagani Cruz vs.
Like a Torrens title, a CADT is an evidence of private Secretary of DENR, et al., G.R. No. 135385, December
ownership of land by native title. Native title, 6, 2000, En banc, (Puno and Kapunan, Separate
however, is a right of private ownership peculiarly Opinions)]
granted to ICCs/IPs over their ancestral lands and
domains. The IPRA categorically declares ancestral Article XIII. SOCIAL JUSTICE AND HUMAN RIGHTS
lands and domains held by native title as never to
have been public land. 1. Social Justice
2. Labor
Domains and lands held under native title are, 3. Agrarian and Natural Resources Reform
therefore, indisputably presumed to have never been 4. Urban Land Reform and Housing
public lands and are private. 5. Health
6. Women
The concept of native title in the IPRA was taken from 7. Role and Rights of People’s Organization
the 1909 case of Cariño vs. Insular Government, 41 8. Human Rights
Phil 935. Cariño firmly established a concept of private
land title that existed irrespective of any royal grant Section 1. The Congress shall give highest priority to
from the State. the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce
The concept of native title to natural resources, unlike social, economic, and political inequalities, and
native title to land, has not been recognized in the
remove cultural inequities by equitably diffusing disabilities of the Members of the Commission
wealth and political power for the common good. shall be provided by law.
3. Until this Commission is constituted, the existing
To this end, the State shall regulate the acquisition, Presidential Committee on Human Rights shall
ownership, use, and disposition of property and its continue to exercise its present functions and
increments. powers.
4. The approved annual appropriations of the
Section 2. The promotion of social justice shall Commission shall be automatically and regularly
include the commitment to create economic released.
opportunities based on freedom of initiative and self-
reliance. It is intended as Independent but:
1. Term of Office provided by law
LABOR 2. Other qualifications provided by law
3. Not impeachable
Section 3. The State shall afford full protection to 4. No confirmation
labor, local and overseas, organized and
unorganized, and promote full employment and 5. Fiscal autonomy? (“The approved annual
equality of employment opportunities for all. appropriations of the Commission shall be
automatically and regularly released” – limited to this
It shall guarantee the rights of all workers to self- only [CHR Employees v. CHR])
organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right Art. VIII: Judiciary (and 3 Commissions) expanded
to strike in accordance with law. They shall be fiscal autonomy – Sec. 3. The judiciary shall enjoy fiscal
entitled to security of tenure, humane conditions of autonomy. Appropriations for the Judiciary may not
work, and a living wage. They shall also participate be reduced by the legislature below the amount
in policy and decision-making processes affecting appropriated for the previous year and after approval,
their rights and benefits as may be provided by law. shall be automatically and regularly released.
The State shall promote the principle of shared Section 18. The Commission on Human Rights shall
responsibility between workers and employers and have the following powers and functions:
the preferential use of voluntary modes in settling 1. Investigate, on its own or on complaint by any
disputes, including conciliation, and shall enforce party, all forms of human rights violations
their mutual compliance therewith to foster involving civil and political rights;
industrial peace. 2. Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
The State shall regulate the relations between thereof in accordance with the Rules of Court;
workers and employers, recognizing the right of labor 3. Provide appropriate legal measures for the
to its just share in the fruits of production and the protection of human rights of all persons within
right of enterprises to reasonable returns to the Philippines, as well as Filipinos residing
investments, and to expansion and growth. abroad, and provide for preventive measures and
legal aid services to the under-privileged whose
HUMAN RIGHTS human rights have been violated or need
protection;
Section 17. 4. Exercise visitorial powers over jails, prisons, or
1. There is hereby created an independent office detention facilities;
called the Commission on Human Rights. 5. Establish a continuing program of research,
2. The Commission shall be composed of a education, and information to enhance respect
Chairman and four Members who must be for the primacy of human rights;
natural-born citizens of the Philippines and a 6. Recommend to Congress effective measures to
majority of whom shall be members of the Bar. promote human rights and to provide for
The term of office and other qualifications and compensation to victims of violations of human
rights, or their families;
7. Monitor the Philippine Government's compliance with CHR for violation of Human rights. Can CHR
with international treaty obligations on human determine whether or not the accused committed
rights; human rights violation?
8. Grant immunity from prosecution to any person
whose testimony or whose possession of Held: It can only (1) investigate, (2) make a fact
documents or other evidence is necessary or finding, but not resolve by applying the law to the
convenient to determine the truth in any facts, and thus determine whether someone
investigation conducted by it or under its committed human rights violation. It cannot take
authority; cognizance over entities exercising quasi-judicial or
9. Request the assistance of any department, judicial function.
bureau, office, or agency in the performance of
its functions; Simon v. CHR – squatters who were selling or have
10. Appoint its officers and employees in accordance sari-sari stores were being demolished in a land
with law; and owned by LGU. They went to CHR to complain the
11. Perform such other duties and functions as may demolition.
be provided by law.
Held: Its jurisdiction is limited to civil and political
Sec. 18 (1). Investigate, on its own or on complaint by rights, not to business rights.
any party, all forms of human rights violations
involving civil and political rights – Hence, it may Sec. 18 (3). Provide appropriate legal measures for
investigate human rights violations or abuses of the protection of human rights of all persons within
rebels; not only agents of the state the Philippines, as well as Filipinos residing abroad,
and provide for preventive measures and legal aid
1996, No. 1: Distinguish civil rights from political rights services to the under-privileged whose human rights
and give an example of each right. have been violated or need protection
Civil rights are those rights enjoyed as member of EPZA v. CHR – Squatters were being dispersed and
political society while political rights are those enjoyed their houses demolished. So they went to CHR to file a
in order to participate directly and indirectly in the complaint. The CHR issued injunctions. Can CHR do
affairs of the government – right to vote (directly) or that? No! It cannot issue injunctions. The phrase “to
right to assemble (indirect) provide appropriate measures for the protection of
human rights … and provide preventive measures”
What are the relations of civil and political to human does not include that power. The Constitution does
rights? not provide the CHR the power to issue injunctions.
Hence, if your human rights is violated, go directly to
Human rights – covers civil, political cultural and social court.
right; it is the totality of all rights that human beings
enjoyed 1997, No. 8: About a hundred people occupied a parcel
of land in Quezon City and built shanties and put up
Which is a political right? sarisari store and carenderias. The city mayor issued
an order directing them to vacate. The squatters
a) right against unreasonable searches civil rights complained to the CHR and the CHR ordered the
b) freedom of assembly and petition – Political mayor to cease and desist. Is the order valid?
rights are those rights enjoyed in order to
participate directly and indirectly in the affairs No! CHR has no power to issue cease and desist order
of the government, because when we criticize or injunction!
the government, they change its policy
c) freedom of religion CIVIL RIGHTS 2005, 4: What is your concept of human rights? Does
d) liberty of abode and travel CIVIL RIGHTS this case involve violation of human rights within the
scope of CHR’s jurisdiction? Can it declare the mayor in
Carino v. CHR – Carino dismissed the teachers as SEC contempt?
of Education. The dismissed teachers filed a complaint
It covers only civil and political rights. It does not The essential freedoms subsumed in the term
include business rights. It cannot declare the mayor in “academic freedom” encompass the freedom to
contempt as it is bereft of such power. determine for itself on academic grounds:
1. Who may teach
Sec. 18 (6). Grant immunity from prosecution to any 2. What may be taught
person whose testimony or whose possession of 3. How it shall be taught
documents or other evidence is necessary or 4. Who may be admitted to study
convenient to determine the truth in any
investigation conducted by it or under its authority – The right of a school to discipline its students is at
OMB can grant immunity. CHR is only one body once apparent in the third freedom, i.e., “how it shall
constitutionally granted with power to grant immunity be taught.” A school certainly cannot function in an
atmosphere of anarchy.
Section 19. The Congress may provide for other cases
of violations of human rights that should fall within Hence, you cannot complain to court when the school
the authority of the Commission, taking into account expelled or suspended a student in accordance with
its recommendations. its rules.
Congress by law can authorize CHR to investigate Three (3) Aspects of Academic Freedom:
other human rights such as economic, social and 1. From the standpoint of the educational institution
cultural right,but there is no law yet for the same as of – to provide that atmosphere which is most
to date. conducive to speculation, experimentation and
creation; the right to decide the aims and
ARTICLE XIV. EDUCATION, SCIENCE AND objectives of the institution and how best to attain
TECHNOLOGY, ARTS, CULTURE AND SPORTS them without interference and coercion, except
when there is an overriding public concern (not
Section 4 (1). The State recognizes the absolute: high school and elementary are not
complementary roles of public and private included)
institutions in the educational system and shall 2. From the standpoint of the faculty – The right of a
exercise reasonable supervision and regulation of all faculty member to pursue his studies and publish
educational institutions. the results without fear of retribution or penalties
a) Freedom in research and in the publication of
As may be gleaned from the above provision, such the results, subject to the adequate
power to regulate is subject to the requirements of performance of his other academic duties;
reasonableness. Moreover, the Constitution allows b) Freedom in the classroom in discussing his
merely the regulation and supervision of educational subject, less controversial matters which bear
institutions, not the deprivation of their rights. no relation to the subject;
(Miriam College vs. CA, 348 SCRA 265) c) Freedom from institutional censorship or
discipline, limited by his special position in the
Section 5 (2). Academic freedom shall be enjoyed in community.
all institutions of higher learning. 3. From the standpoint of the student—right to
enjoy in school— guaranteed by the Bill of Rights
Academic Freedom – The right of the school or (Non vs. Dames, May 20, 1990)
college to decide for itself, its aims and objectives, and
how best to attain them—free from outside coercion UP v. CSC – Commission ordered that a teacher be
or interference save possibly when the overriding dropped. Facts: A teacher took a leave more than one
public welfare calls for some restraint. It has a wide year. Under the CSC Rules, you can be thrown out if
sphere of autonomy certainly extending to the choice leave taken is more than 1 year. CSC ordered him to
of students. Said constitutional provision is not to be be dropped. Held: CSC cannot compel UP to drop him
construed in a niggardly manner or in a grudging as the school has academic freedom as to who should
fashion. That would be to frustrate its purpose and teach. It has the right of choice who should teach.
nullify its intent.

Camacho v. Corises – Method of teaching; Facts: A 1. The student must be informed in writing of the
teacher did not require students to attend classes but nature and cause of any accusation against them;
he gave them good and passing grades. It was 2. They shall have the right to answer the charges
impugned. Held: It involves academic freedom on the against them and with the assistance of counsel, if
manner or method of teaching desired;
3. They shall be informed of the evidence against
Benguet State v. COA – Rice allowance to teachers, them;
which was disallowed by COA; Held: academic 4. They shall have the right to adduce evidence in
freedom has no relation to rice allowances, hence, not their own behalf; and
covered. 5. The evidence must be duly considered by the
investigating committee or official designated by
May a university validly revoke a degree or honor it the school authorities to hear and decide the case.
has conferred to a student after the graduation of the
latter after finding that such degree or honor was The 1973 Constitution provides, “All institutions of
obtained through fraud?The SC pointed out that higher learning shall enjoy academic freedom.” The
academic freedom of institutions of higher learning is difference is that the 1987 constitution increased the
a freedom granted to “institutions of higher learning” scope of academic freedom as it may include
which is thus given a “wide sphere of authority students. But as of the moment, there is no ruling as
certainly extending to the choice of students.” If such to the inclusion of students.
institution of higher learning can decide who can and
who cannot study in it, it certainly can also determine 2007, No. 1: True or False: The 1987 Constitution has
on whom it can confer the honor and distinction of increased the scope of academic freedom recognized
being its graduates. (Garcia vs. Faculty Admission under the previous Constitution. TRUE
Committee, Loyola School of Theology, 68 SCRA 277)
Can state intervene in Conferment of
Where it is shown that the conferment of an honor or Degrees/Honors/Disciplinary Measures? Note: the
distinction was obtained through fraud, a university institution has the right to decide the aims and
has the right to revoke or withdraw the honor or objectives of the institution and how best to attain
distinction it has thus conferred. This freedom of a them without interference and coercion, except when
university does not terminate upon the “graduation” there is an overriding public concern, to wit:
of a student, for it is precisely the “graduation” of 1. Due process (Example: If you are dismissed from
such a student that is in question. (UP Board of the school for breach of school rules without
Regents vs. CA and Arokiaswamy William Margaret appropriate investigation or no notice and
Celine, G.R. No. 134625, August 31, 1999) hearing) – refer to Ang Tibay doctrine
2. Equal protection (If school do not admit students
Can a student insist on getting admitted? No! The with disabilities, or bisaya, or bol-anon, that is
school has the right of choice of students; right as to discriminatory; violation of equal protection)
whom to teach, as long as the standards are
reasonable. Religious Instructions
Can a student insist that he will complete the Section 3 (3). At the option expressed in writing by
course?Non v. Dames – Once you are admitted, you the parents or guardians, religion shall be allowed to
are expected to complete your course until you be taught to their children or wards in public
graduate provided that the student complies its elementary and high schools within the regular class
standards… unless you fail. hours by instructors designated or approved by the
religious authorities of the religion to which the
In administrative cases, such as investigations of children or wards belong, without additional cost to
students found violating school discipline, there are the Government.
withal minimum standards which must be met before
to satisfy the demands of procedural due process and 1999, No. 2: What is the constitutional provision
these are: concerning the teaching of religion in elementary and
high schools in the Philippines.
Re: Letter of UP Law…, 644 SCRA 543 (2011) – Due to
1. It must be expressed in writing by the parents allegations that portions of the ponencia of Justice del
2. It applies only in public and elementary and high Castillo in Vinuya v. Executive Secretary were
schools – higher education is not included plagiarized from the works of foreign legal scholars, 38
3. Without additional cost to the government – law professors of the University of the Philippines
meaning no additional salary/compensation is issued a statement titled “Restoring Integrity,” which
provided by the government was widely circulated. The statement included phrases
such as “a reprehensible act of dishonesty and
2009, No. 15. The principal of Jaena High School, a misrepresentation by the Highest Court of the land“
public school wrote a letter to the parents and and “the supposed alarming lack of concern of the
guardians of all the school's pupils, informing them members of the Court for even the most basic values
that the school was willing to provide religious of decency and respect”. At the time the statement
instruction to its Catholic students during class hours, was issued, a motion for reconsideration of the
through a Catholic priest. However, students who decision was pending before the Court. Ordered to
wished to avail of such religious instruction needed to show cause why they should not be disciplined,
secure the consent of their parents and guardians in respondents claimed that their Statement was issued
writing. in the exercise of their academic freedom as teachers
in an institution of higher learning.
1. Does the offer violate the constitutional prohibition
against the establishment of religion? No! For as long Held: There is nothing in the Show Cause Resolution
as additional cost is paid by the government, and that dictates upon respondents the subject matter
expressed in writing by parents. they can teach and the manner of their instruction.
Moreover, lawyers who are also law professors cannot
2. The parents of evangelical Christian students, upon invoke academic freedom as a defense in an
learning of the offer, demanded that they too be administrative proceeding for intemperate statements
entitled to have their children instructed in their own tending to pressure the Court or influence the
religious faith during class hours. The principal, a outcome of a case or degrade the courts. Implied in
devout Catholic, rejected the request. As counsel for the jurisprudence is that the constitutional right to
the parents of the evangelical students, how would freedom of expression of members of the Bar may be
you argue in support of their position? It must not circumscribed by their ethical duties as lawyers to give
violate the equal protection clause. It must be open to due respect to the courts and to uphold the public’s
all religion. faith in the legal profession and the justice system. To
our mind, the reason that freedom of expression may
2010, XIX. To instill religious awareness in the students be so delimited in the case of lawyers applies with
of Doña Trinidad High School, a public school in greater force to the academic freedom of law
Bulacan, the Parent-Teachers Association of the school professors. Thus, their actions as law professors must
contributed funds for the construction of a grotto and be measured against the same canons of professional
a chapel where ecumenical religious services and responsibility applicable to acts of members of the Bar
seminars are being held after school hours. The use of as the fact of their being law professors is inextricably
the school grounds for these purposes was questioned entwined with the fact that they are lawyers.
by a parent who does not belong to any religious
group. As his complaint was not addressed by the Remember academic freedom of teachers – to pursue
school officials, he filed an administrative complaint his ideas and publish the results without fear of
against the principal before the DECS. Is the principal retribution. The court is telling us that lawyer
liable? Explain briefly. professors has limited academic freedom compared to
other professors which are not members of the bar for
This is no longer allowable. What is guaranteed in the the very reason that the former are governed by
Constitution is religious instruction during school canons of judicial ethics.
hours without additional cost. It does not guarantee
construction. ARTICLE XV. THE FAMILY
Section 3. The State shall defend:

1. The right of spouses to found a family in non-suability. Because of the idea that all rights comes
accordance with their religious convictions and from the State, the State can do anything. It can be
the demands of responsible parenthood; dishonest. It should be allowed to do anything without
2. The right of children to assistance, including fear of being sued.
proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, There can be no legal right against the authority which
exploitation and other conditions prejudicial to makes the law on which the right depends (Republic
their development; vs. Villasor, 54 SCRA 83). However, it may be sued if it
3. The right of the family to a family living wage gives consent, whether express or implied.
and income; and
4. The right of families or family associations to Does this doctrine apply as well to foreign
participate in the planning and implementation government? YES, because of the sovereign equality of
of policies and programs that affect them. all the state. Immunity is enjoyed by other States,
consonant with the public international law principle
Section 4. The family has the duty to care for its of PAR IN PAREM NON HABET IMPERIUM. The head of
elderly members but the State may also do so State, who is deemed the personification of the State,
through just programs of social security. is inviolable, and thus, enjoys immunity from suit.
Family – basic social institution; the State recognizes 1998, 13: What is the Doctrine of State Immunity in
the Filipino family as the foundation of the nation. International Law? The sovereign equality of all states
– any state cannot be put under the jurisdiction of
Care for the elderly – The duty to care for the elderly another state
is given to both the family and the State. An effective
social security system is an indispensable component USA vs. Guinto, 182 SCRA 644 – Fabian Genove filed a
of any effective caring for the elderly. complaint for damages against petitioners Lamachia,
Belsa, Cartalla and Orascion for his dismissal as cook in
ARTICLE XVI. GENERAL PROVISIONS the US Air Force Recreation Center at Camp John Hay
Air Station in Baguio City. It had been ascertained
Section 1. The flag of the Philippines shall be red, after investigation, from the testimony of Belsa,
white, and blue, with a sun and three stars, as Cartalla and Orascion that Genove had poured urine
consecrated and honored by the people and into the soup stock used in cooking the vegetables
recognized by law. served to the club customers. Lamachia, as club
manager, suspended him and thereafter referred the
Section 2. The Congress may, by law, adopt a new case to a board of arbitrators conformably to the
name for the country, a national anthem, or a collective bargaining agreement between the center
national seal, which shall all be truly reflective and and its employees. The board unanimously found him
symbolic of the ideals, history, and traditions of the guilty and recommended his dismissal. Genove’s
people. Such law shall take effect only upon its reaction was to file his complaint against the
ratification by the people in a national referendum. individual petitioners.
Flag – The design of our flag may be changed only by Held: The rule that a State may not be sued without its
constitutional amendment. consent is one of the generally accepted principles of
international law that we have adopted as part of our
DOCTRINE OF STATE IMMUNITY FROM SUIT law. Even without such affirmation, we would still be
bound by the generally accepted principles of
Section 3. The State may not be sued without its international law under the doctrine of incorporation.
consent. [Royal Prerogative of Dishonesty] Under this doctrine, as accepted by the majority of
states, such principles are deemed incorporated in the
It is based on the very essence of sovereignty. It is law of every civilized state as a condition and
derisively called “the royal prerogative of dishonesty” consequence of its membership in the society of
because it grants the state the prerogative to defeat nations. All states are sovereign equals and cannot
any legitimate claim against it by simply invoking its assert jurisdiction over one another.
a) No, public officers may be sued to restrain him
When the government enters into a contract, it is from enforcing an act claimed to be
deemed to have descended to the level of the other unconstitutional.
contracting party and divested of its sovereign b) Yes, the order was not a proprietary act of the
immunity is expressed with more specificity in the RP- government.
US Bases Treaty. There is no question that the US, like c) No, only the president may raise the defense
any other state, will be deemed to have impliedly of immunity from suit.
waived its non-suability if it has entered into a d) Yes, Secretary Chua cannot be sued for acts
contract in its proprietary or private capacity. It is only done in pursuance to his public office.
when the contract involves its sovereign or
governmental capacity that no such waiver may be When does a suit considered as suits against State
implied. inorder to properly invoke the doctrine of state
immunity?
DECS, without the benefit of a public bidding, decided
to award a contract for the purchase of P100M worth 1. When Republic is sued by name, except when
of text books to A. X, another textbook supplier, filed ultimate liability will fall in the official
suit for injunction to restrain DECS. DECS moved to
dismiss the suit on the ground of immunity. Is DECS Republic v. Sandoval – Facts: Massacre in mendiola of
correct? farmers; they filed for damages naming Republic as
respondent. Held: allowed because anyways the
a) No, because DECS is an entity not immune ultimate liability will fall in the official actually liable.
from suit The government officer is performing his functions
b) No, because the suit will not result to illegally.
monetary liability on the part of the
government – you can only invoke the 2. When suit is against an unincorporated
immunity if it will result to monetary or government entity
property loss to the government
c) No, because when DECS awarded the This entity has no distinct personality- EX. CHED, DECS,
contract, it was not performing a DFA; unlike LANDBANK, GSIS, SSS
governmental function
d) Yes, because as a governmental entity 3. When it is against a government officer, but
performing governmental functions, DECS is ultimate liability will fall not to the officer but to
immune the government
DOH v. Phil. Pharmawealth – The doctrine is not Opposite to no. 1 – this happens when an officer
available in suits for injunction and mandamus. The performs his function in a lawful manner; it is the
reason is that will not result to monetary or property state who will be held liable. Hence, it cannot be sued
loss to the government. Mandamus and Injunction do without its consent.
not result to monetary or property loss to the
government. When will liability fall on the government?
1. When their actions have authority under law; and
2011, No. 80. Executive Secretary Chua issued an order 2. They perform it in a legal manner
prohibiting the holding of rallies along Mendiola
because it hampers the traffic flow to Malacanang. A DOH – When they perform unlawful or unauthorized
group of militants questioned the order for being acts and are sued for damages, they cannot claim
unconstitutional and filed a case against Secretary immunity. They will be liable in their personal
Chua to restrain him from enforcing the order. capacity.
Secretary Chua raised state immunity from suit
claiming that the state cannot be sued without its 1990, No. 10. The Secretary of Public Works, after an
consent. Is the claim correct? investigation, ordered the demolition of the fish pond
of X as a nuisance per se on the ground that it
encroached on navigable rivers. The Supreme Court
later found that the rivers were manmade and were claim involving liability arising from contract, express
constructed on private property owned by X. May X or implied, which could serve as a basis of a civil action
recover damages from the Secretary? between the private parties”. (correlate Act 3083 with
CA 327 as amended by PD 1445)
No! He was performing his functions in a lawful
manner because he made investigation. Hence, the Commonwealth Act 327 (General Auditing Law, as
suit cannot proceed without the consent of the state. amended by PD 1445, requires that all money claims
against the government must first be filed with the
Veterans v. CA – Facts: PSU issued permits and COA which must act upon it within 60 days. Rejection
licenses, and revoked licenses of other security of the claim will authorize the claimant to elevate the
agencies. Held: the officers were performing their matter to SC on certiorari and, in effect, sue the State
functions in a lawful manner. Hence, the suit cannot thereby.
proceed without state consent.
Department of Agriculture vs. NLRC, DA may be sued
2011, No. 70. Amor sued for annulment of a deed of for money claims based on a contract entered into in
sale of Lot 1. While the case was ongoing, Baltazar, an its governmental capacity, because of the express
interested buyer, got a Certification from Atty. Crispin, consent contained in Act 3083 provided that the claim
the Clerk of Court, that Lot 1 was not involved in any be first brought to the COA in accordance with CA 327,
pending case before the court. Acting on the as amended.
certification, the Register of Deeds canceled the notice
of lis pendens annotated on Lot 1’s title. Amor filed a Ministerio vs. City of Cebu, Suit may lie because the
damage suit against Atty. Crispin but the latter doctrine of State immunity cannot be used to
invoked good faith and immunity from suit for acts perpetrate an injustice.
relating to his official duty, claiming he was not yet the
Clerk of Court when Amor filed his action. Decide. Delos Santos vs. IAC, public respondents’ belief that
the property is public, even if buttressed by
a) Atty. Crispin is immune from suit since he statements of other public officials, is no reason for
enjoys the presumption of regularity of the unjust taking of the petitioner’s property; after all,
performance of public duty. the TCT was in the name of the petitioner.
b) Atty. Crispin's defense is invalid since he
issued his certification recklessly without USA vs. Ruiz, where the questioned transaction dealt
checking the facts. – He was not acting in a with the improvements on the wharves in the naval
lawful manner; hence, he is liable personally. installation at Subic Bay, SC held that the traditional
c) Atty. Crispin's defense is valid since he was rule of immunity exempts a state from being sued in
unaware of the pendency of the case. the courts of another state without its consent or
d) As Clerk of Court, Atty. Crispin enjoys absolute waiver. This rule is a necessary consequence of the
immunity from suit for acts relating to his principle of independence and equality of states.
work. However, the rules of International Law are not
petrified; they are constantly developing and evolving.
How may consent be given?
Acta Jure Imperii Acta Jure Gestionis
Waiver of Immunity – The State’s consent may be There is no waiver. The There is waiver of State
given either EXPRESSLY or IMPLIEDLY State is acting in its immunity from suit. The
sovereign governmental State entered into a
capacity. contract in its commercial
EXPRESS CONSENT – may be made through
or proprietary capacity.
enactment by Congress of a general law or special law The State descended to
waiving the immunity. the level of a private
entity.
General Law
RESTRICTIVE DOCTRINE OF STATE IMMUNITY FROM
Act No. 3083 where the Philippine government SUIT — not all contracts entered into by the
“consents and submits to be sued upon any money government constitute a waiver.
condition of roads, streets, bridges, public buildings,
The restrictive application of State immunity is proper and other public works under their control and
only when the proceedings arise out of commercial supervision.
transactions of the foreign sovereign, its commercial
activities or economic affairs. Stated differently, a Teotico vs. City of Manila, a man fell in a manhole.
state may be said to have descended to the level of an
individual and can thus be deemed to have tacitly Sec. 24, Local Government Code:
given its consent to be sued only when it enters into “Local government units and their officials are not
business contracts. It does not apply where the exempt from liability for death or injury to persons or
contracts relate to the exercise of its sovereign damage to property.”
functions. In this case, the projects are integral parts
of the naval base which is devoted to the defense of May the OSG validly waived?Republic vs. Purisima, a
both US and Philippines, indisputably a function of the mere lawyer (OSG) may not validly waived the
government of the highest order; they are not utilized immunity from suit of the State. Only Congress can.
for nor dedicated to commercial or business purposes.
The contract for the repair of wharves was a contract IMPLIED CONSENT –
in JUS IMPERII because the wharves were to be used 1. When the State commences the litigation. It
in national defense, a governmental function. There is becomes vulnerable to a counterclaim.
no waiver. Only the American government can Intervention by the State would constitute
waived. Act 3083 is not applicable. The remedy is to commencement of litigation EXCEPT: when the
convince the Department of Foreign Affairs to take up State intervenes not for the purpose of asking for
the claim to the US government (state to state). any affirmative relief, but only for the purpose of
resisting the claim precisely because of immunity
USA vs. Guinto, a contract for restaurant services from suit. (Lim vs. Brownell, 107 Phil 345)
within the Camp John Hay Air Station was held 2. When the State enters into a business contract.
commercial in character. The case should not be (See USA vs. Guinto & USA vs. Ruiz) (This is the
dismissed. The cafeteria caters not only Americans but RESTRICTIVE DOCTRINE OF STATE IMMUNITY)
also the general public. There is waiver of State
Immunity from suit. This is a case of Acta Jure Mun. of San Fernando vs. Judge Firme, the dump
Gestionis. truck, owned by the municipality, was driven by its
official driver. It was used for hauling gravel for the
Republic vs. Sandiganbayan, Even if, in exercising the repair/construction of the municipal road. The truck
power of eminent domain, the State exercises a collided with a jeepney. The heirs of the jeepney
power jus imperii, as distinguished from its driver sued the Municipality. The SC held that
proprietary right of jus gestionis, where property has municipal corporations are agencies of the State when
been taken without just compensation being paid, the they are engaged in governmental functions. Repair of
defense of immunity from suit cannot be set up in an municipal road is a governmental function. Therefore,
action for payment by the owner. should enjoy the immunity from suit. However, they
are subject to suit even in the performance of such
Special Law – This form of consent must be embodied functions because their respective charters provide
in a statute and cannot be given by a mere counsel. that they can sue and be sued.
Article 2180 of the Civil Code – (paragraph 6) The 3. When it accepts conditional donation. DECS v.
State is responsible in like manner when it acts Onate – DECS accepted a donation from
through a special agent; but not when the damage has somebody. It turned out that the donor was not
been caused by the official to whom the task done the owner. Held: SC allowed DECS to be sued on
properly pertains, in which case what is provided in the ground that when the government accepted
Article 2176 shall be applicable. the same, it waives its immunity; need not be
conditional donation.
Article 2189: Provinces, cities and municipalities shall 4. When it takes over private property without
be liable for damages for the death of, or injuries compensation. ATO v. Sps. Ramos, the moment
suffered by, any person by reason of the defective
you take a private property without just
compensation, you waived the immunity. Principle on Consent – Since it is a derogation of
5. In cases of implied contracts. Vigilar case – when sovereignty, it is strictly construed against the
a contractor continued to build a road with the individual and in favor of the State.
expectation that he be paid by DPWH as assured
verbally by the DPWH Secretary, there was an Sandoval case – massacre in Mendiola; Commission
implied agreement that he be paid; thus, it is was created to investigate the incident. President
allowed to be sued. Aquino promised compensation. Was there consent?
6. Gross negligence – Unimix [Bureau of Customs]
BOC confiscated millions worth of computer units. Held: No! There was no consent… despite of
BOC lost and was ordered to return the computer President’s promise. Since it is a derogation of
units. However, years past, plaintiff filed for sovereignty, it is strictly construed against the
revival of judgment. Held: You cannot invoke individual and in favor of the State. Otherwise stated,
immunity considering the existence of gross you must prove by clear and convincing evidence that
negligence of BOC. Moreover, BOC is an there was consent.Consent has to be made in a law or
unincorporated entity. by act of congress.
When is a suit against a public official deemed to be a Take note: A person sued an unincorporated entity
suit against the State? and the latter lost. On appeal, the latter invoked state
immunity for the first time. It was objected on the
The doctrine of State Immunity from suit applies to ground that the state has already waived when it
complaints filed against public officials for acts done in failed to invoke the same at the earliest opportunity.
the performance of their duties within the scope of
their authority. Held: Since it is a derogation of sovereignty, it is
strictly construed against the individual and in favor of
The rule is that the suit must be regarded as one the State. The failure to invoke at the first opportunity
against the state where the satisfaction of the does not amount to a waiver of the right.
judgment against the public official concerned will
require the state to perform a positive act, such as 2001, No. 3: The Republic, through the DPWH
appropriation of the amount necessary to pay the constructed a new highway traversing a land owned
damages awarded to the plaintiff. by Mang Pandoy. It did not pay compensation. When
sued, it filed a motion to dismiss invoking immunity.
The rule does not apply where the public official is Resolve. By taking a private property without
charged in his official capacity for acts that are compensation, you can be sued.
unlawful and injurious to the rights of others. Public
officials are not exempt, in their personal capacity, 1998, No. 1. The Department of National Defense
from liability arising from acts committed in bad faith. entered into a contract with Raintree Corporation for
Neither does it apply where the public official is clearly the supply of ponchos to the AFP, stipulating that in
being sued not in his official capacity but in his the event of breach, action may be filed in the proper
personal capacity, although the acts complained of court in Manila. Suppose AFP fails to pay for delivered
may have been committed while he occupied a public ponchos, where must Raintree Corp file its claim? May
position. (Llansang vs. CA, Feb. 23, 2000) In this case, the Department be sued?
petitioner was sued for allegedly “personal motives”
in ordering the ejectment of the general Assembly of a) Yes, because the DND is an entity that does
the Blinds, Inc. (GABI) from the Rizal Park; thus, the not enjoy immunity
case was not deemed a suit against the state. b) Yes, because while the DND enjoys immunity,
by entering into a contract, it impliedly waived
Larkins vs. NLRC, private respondents were dismissed its immunity
from their employment by Lt. Col. Frankhauser acting c) No, because there was no implied consent
for and in behalf of the US government which, by right since the contract was governmental in nature
of sovereign power, operated and maintained the – supply of ponchos is government in nature;
dormitories at the Clark Airbase for USAF Members. hence, there is no implied consent
d) No, because state immunity does not apply Amigable vs. Cuenca, an action for the recovery of the
since the suit will not involve monetary value of the property taken by the government and
liability converted into a public street without payment of just
compensation was allowed despite the failure of the
Instances when a suit against a State is proper: property owner to file his claim with the Auditor
1. When the Republic is sued by name General. The government should have followed first
2. When the suit is against an unincorporated its own rule (it should have filed an expropriation
government agency--inquire into the principal case) before it entered the property. Had it done so,
functions of the agency the suit can be waived. The state opened itself to a
a) if governmental, NO SUIT WITHOUT CONSENT possible suit against it.
b) if proprietary, SUIT WILL LIE.
3. When the suit is on its face against a government Scope of Consent – Consent to be sued does not
officer but the case is such that ultimate liability include consent to execution of judgment against it.
will belong not to the officer but to the
government. 1. Such execution will require another waiver,
because the power of the court ends when the
Republic vs. Sandoval, this is not a suit against the judgment is rendered.
state with its consent. Even as the SC dismissed the 2. But funds belonging to government corporations
suit against the RP, the action for the damages against (whose charters provide that they can sue and be
the military personnel and the policemen responsible sued) that are deposited with a bank are not
for the 1989 Mendiola Massacre was upheld inasmuch exempt from garnishment.
as the initial findings of the Davide Commission
showed that there was, at least, negligence on their Exceptions: Municipality of San Miguel vs. Fernandez,
part when they fired their guns. They exceeded their funds of a municipality are public in character and
authority. The military personnel and the policemen may not be garnished UNLESS there is a corresponding
were held to be liable in their individual capacity. appropriation ordinance duly passed by the
Sangguniang Bayan.
Hauling lumber for the repair of the public market –
business enterprise of the government (local PNB vs. Pabalan, funds belonging to government
government) corporations which can sue and be sued that are
deposited with a bank.
Celebration of town fiesta – Torio vs. Fontanilla – not
a governmental function but a proprietary function. Unincorporated Agency Incorporated Agency
It has no legal personality It has a personality
The doctrine of State immunity from suit extends only separate and distinct separate and distinct
up to rendition of the judgment. When it comes to from the government. from the government
When sued, it is deemed
execution to satisfy the judgment, it will require
a suit against the State,
another waiver. The remedy is to make the necessary there is no waiver of
representation with the lawmaking authority. State immunity.
Duty to appropriate – discretionary and therefore It does not have its own It has its own charter
cannot be compelled by mandamus. However, in charter like Bureau of such as SSS, GSIS, Land
Mun. of Makati vs. CA, where the municipality fails or Customs, BIR, DA, NBI Bank, DBP
refuses, without justifiable reasons, to effect payment
Performs governmental If its charter provides that
of a final money judgment rendered against it, the functions: not suable it has the right
claimant may avail of the remedy of mandamus in without State consent
order to compel the enactment and approval of the even if performing
necessary appropriation ordinance and the proprietary function
corresponding disbursement of municipal funds incidentally
therefor. if performing proprietary If its charter is silent,
functions: suable inquire into its function
based on the purpose for
which it was created
c) Mandamus will lie [Nessia v. Fermin]; to
Functions Propriety in Nature compel the SB to pass appropriation for the
payment
Royal Traders Bank – NMPC is tasked by law to make
information dissemination. It broadcasts PBA games. It Curata v. PPA (2009) – expropriation – PPA
was sued by Royal Bank for unpaid loans. Held: It can expropriated a piece of land. The compensation was
be sued since it performs functions propriety in nature already fixed by the court. Can execution pending
– broadcasting PBA games. Hence, by entering into appeal be granted? No. Since PPA is an
contract, it waive its state immunity. unincorporated entity performing governmental
function. So settle claims with COA. Since it cannot be
Rep. v. Guinto – A barbershop owned by the subject to execution, with more reason it cannot be
American government within the American bases. It subject to execution pending appeal.
catered not only Americans but also other persons. It
was sued for illegal dismissal of an employee. Held: It Municipality of Hagonoy v. Dumdum (2010) –
can be sued because operating barbershop is preliminary attachment – LGU entered contract with
proprietary in nature. somebody where it failed to pay the same. The
creditor filed preliminary attachment of property held
Professional Video v. TESDA (2009) – security printed by LGU. Held: LGU property used for government
ID to those certified; TESDA contracted a company to purposes cannot attached.
print ID system. It was sued for failure to pay. Held: It
cannot be sued as the contract for printing of IDs of Jaime v. Apostol (2008) – Negligent driver. Can the
TESDA graduates is a governmental function. municipality be held liable?
1. if governmental function – no
Liability – Consent to be sued is not an admission of 2. if proprietary – yes
liability. You are given the chance to prove, except Art. But: Local Government Code of 1991, Section 24.
2180, which admits liability once certain conditions Liability for Damages. - Local government units and
have been proved. (Defective conditions roads – all their officials are not exempt from liability for death or
you have to do is to prove that the road is defective injury to persons or damage to property.
and you suffer damage as a consequence thereto)
No. 72. A collision occurred involving a passenger
1997, No. 6: It is said that “waiver of immunity by the jeepney driven by Leonardo, a cargo truck driven by
state does not mean a concession of liability.” What Joseph, and a dump truck driven by Lauro but owned
are the implications of this phrase? by the City of Cebu. Lauro was on his way to get a load
of sand for the repair of the road along Fuente Street,
Consent to be sued is not an admission of liability. You Cebu City. As a result of the collision, 3 passengers of
are given the chance to prove, except Art. 2180 which the jeepney died. Their families filed a complaint for
admits liability once certain conditions have been damages against Joseph who in turn filed a third party
proved. complaint against the City of Cebu and Lauro. Is the
City of Cebu liable for the tort committed by its
Enforceability/Execution – Liability has been proven employee?
already!
1. National Government/agencies with no separate a) The City of Cebu is not liable because its
personality – no execution, no garnishment of employee was engaged in the discharge of a
funds or property; Procedure - file a claim with governmental function.
COA b) The City of Cebu is liable for the tort
2. Incorporated agencies – Yes, subject of execution committed by its employee while in the
3. Local government: discharge of a non-governmental function.
a) Appropriated funds may be garnished c) The City of Cebu is liable in accord with the
b) Property held in non-governmental capacity precept of respondeat superior.
may be executed – municipal hall, plaza d) The City of Cebu is not liable as a consequence
cannot be subject to execution of its non-suitability.

1994, No. 14. The Municipality of Antipolo or controlled corporations or any of their
expropriated the property of Juan Reyes. The subsidiaries.
municipal council appropriated P1,000,000 for the 5. Laws on retirement of military officers shall not
purchase of the lot but the RTC fixed the value of allow extension of their service.
P2,000,000. 6. The officers and men of the regular force of the
armed forces shall be recruited proportionately
1. Can Juan Reyes ask the RTC to garnish the from all provinces and cities as far as practicable.
municipality’s account with the Land Bank? YES! It can 7. The tour of duty of the Chief of Staff of the armed
only garnish the appropriated 1,000,000. forces shall not exceed three years. However, in
times of war or other national emergency
2. What legal action can Juan Reyes take to collect the declared by the Congress, the President may
balance? It can file mandamus to compel the SB for extend such tour of duty.
the passage of appropriation of funds for the
remaining 1M. The AFP is the protector of the people and the State.
Its goal is to secure the sovereignty of the State and
Rules Regarding Payment of Interests by Government the integrity of the national territory. It consist of
in Money Judgments citizen armed force and a regular force.
Against It: Section 6. The State shall establish and maintain one
General Rule: Gov’t cannot be made to pay interests. police force, which shall be national in scope and
Exceptions: civilian in character, to be administered and
1. Eminent domain; controlled by a national police commission. The
2. Erroneous collection of taxes; authority of local executives over the police units in
3. Where government agrees to pay interest their jurisdiction shall be provided by law.
pursuant to law.
One police force— Republic Act 6975
Section 4. The Armed Forces of the Philippines shall
be composed of a citizen armed force which shall Section 11.
undergo military training and serve as may be 1. The ownership and management of mass media
provided by law. It shall keep a regular force shall be limited to citizens of the Philippines, or to
necessary for the security of the State. corporations, cooperatives or associations, wholly-
owned and managed by such citizens.
Section 5.
1. All members of the armed forces shall take an The Congress shall regulate or prohibit monopolies in
oath or affirmation to uphold and defend this commercial mass media when the public interest so
Constitution. requires. No combinations in restraint of trade or
2. The State shall strengthen the patriotic spirit and unfair competition therein shall be allowed.
nationalist consciousness of the military, and
respect for people's rights in the performance of 2. The advertising industry is impressed with public
their duty. interest, and shall be regulated by law for the
3. Professionalism in the armed forces and protection of consumers and the promotion of the
adequate remuneration and benefits of its general welfare.
members shall be a prime concern of the State.
The armed forces shall be insulated from partisan Only Filipino citizens or corporations or associations
politics. No member of the military shall engage, at least seventy per centum of the capital of which is
directly or indirectly, in any partisan political owned by such citizens shall be allowed to engage in
activity, except to vote. the advertising industry.
4. No member of the armed forces in the active
service shall, at any time, be appointed or The participation of foreign investors in the
designated in any capacity to a civilian position governing body of entities in such industry shall be
in the Government, including government-owned limited to their proportionate share in the capital

thereof, and all the executive and managing officers of this Constitution nor oftener than once every five
of such entities must be citizens of the Philippines. years thereafter.
Mass Media includes: The Congress shall provide for the implementation of
1. Radio the exercise of this right.
2. Television
3. Printed media Take note the distinction!
1. Initiative on law – requirement of 10 % and 3
Full Filipinization – the ownership and management percent art. 6 sec. 32
of mass media shall be limited to citizens of the 2. Initiative on constitution – requirement of 12 %
Philippines, or to corporations, cooperatives or and 3% (a bit higher)
associations, wholly-owned and managed by such
citizens. Take note: Last paragraph applies only in amendment
through initiative and not on congress vote of ¾ or
It prohibits combination in restraint of trade and con convention – It can be done even everyday
unfair competition, and commands Congress to
regulate or prohibit monopolies in commercial mass Section 3. The Congress may, by a vote of two-thirds
media. of all its Members, call a constitutional convention,
or by a majority vote of all its Members, submit to
Advertising – not treated as mass media but use of the electorate the question of calling such a
mass media. convention.
ARTICLE XVII. AMENDMENTS OR REVISIONS Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid
Section 1. Any amendment to, or revision of, this when ratified by a majority of the votes cast in a
Constitution may be proposed by: plebiscite which shall be held not earlier than sixty
1. The Congress, upon a vote of three-fourths of all days nor later than ninety days after the approval of
its Members; or(only instance where ¾ vote is such amendment or revision.
necessary)
2. A constitutional convention. Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a
Amendment vs. Revision plebiscite which shall be held not earlier than sixty
AMENDMENT REVISION days nor later than ninety days after the certification
piecemeal or isolated revamp or rewriting of by the Commission on Elections of the sufficiency of
change in the the entire Constitution. It the petition.
Constitution. It is the means overhauling of the
generic term used to government
Two Stages of Amendment:
denote change in the
Constitution
1. Proposal (Sections 1-3, Art. XVII) – the adoption of
Lambino vs. COMELEC – changing the form of the suggested change in the Constitution.
government from presidential to parliamentary
involves a revision and not amendment. A proposed amendment may come from (3 ways of
proposing amendments to, or revision of, the
Section 2. Amendments to this Constitution may Constitution under Article XVII):
likewise be directly proposed by the people through
initiative upon a petition of at least twelve per (a) Congress—
centum of the total number of registered voters, of 1) (Sec. 1, Art. XVII) Acting as Constitutional
which every legislative district must be represented Assembly and not as a legislative body. - One
by at least three per centum of the registered voters of the non-legislative powers;
therein. No amendment under this section shall be 2) By a vote of 3/4 of all its members. (3/4 of the
authorized within five years following the ratification Senate, 3/4 of the House of Representatives

(b) Constitutional Convention – which may be called 3. initiative on local legislation – refers to a petition
into existence either: proposing to enact a regional, provincial,
1) By directly calling a Constitutional Convention municipal, city, or barangay law, resolution or
by a 2/3 vote of all the Members of Congress, ordinance [Sec.2(a), RA6735]
or;
2) By submitting the issue to the people in a Section 2 (b), RA 6735 provides for:
plebiscite [if the two-thirds (2/3) vote is not Indirect Initiative – exercise of initiative by the people
obtained] by a majority vote of all the through a proposition sent to Congress or the local
members of Congress – with the question of legislative body for action; and
whether or not to call a Convention to be Direct Initiative – the people themselves filed the
resolved by the people in a plebiscite. (Sec.3, petition with the COMELEC and not with Congress
Art. XVII)
The COMELEC cannot validly promulgate rules and
Superior – people; Theory of Conventional Sovereignty regulations to implement the exercise of the right of
Inferior – it is a mere creation of Congress;co-equal to the people to directly propose amendments to the
and independent of the 3 branches Constitution through the system of initiative. It does
not have the power under RA 6735. Reliance on the
Occena vs. COMELEC, the choice of method of COMELEC’s power under Section 2 (1), Article IX-C is
proposal, i.e., whether made directly by Congress or misplaced, for the laws and regulations referred to
through a Constitutional Convention, is within the full therein are those promulgated by the COMELEC under
discretion of the legislature. Section 3 of Article IX-C or a law where subordinate
legislation is authorized and which satisfies the
Note: Each house shall come up ¾ vote, voting “completeness” and the “sufficient standard tests”.
separately (Santiago vs. COMELEC)
(c) People, through the Power of Initiative (Sec.2, Province of Cotabato v. GRP (2008) – All provisions of
Art. XVII) – A petition of at least 12% of the total the MOA-AD in conflict with the Constitution shall
number of registered voters, of which every come into force after the fundamental law has been
legislative district must be represented by at least amended or revised. Valid? Not valid. Null and void. It
3% of the registered voters therein – This is not a amounts to a guarantee that the constitution will be
self-executing provision, it will require an amended. This is not among the 3 means of amending
enactment of law. the constitution!
Limits on the power of the people to change 2. Ratification – (Sec. 4, Art. XVII) The proposed
Constitution through initiative: amendment shall become part of the Constitution
1. They can only amend, not revise when ratified by a majority of the votes cast in a
2. They cannot do it oftener than once every 5 years plebiscite held not earlier than 60 nor later than
3. There must be an enabling law 90 days after the approval of the proposal by
Congress or the Constitutional Convention, or
RA 6735 – Initiative and Referendum Law after the certification by the COMELEC of the
sufficiency of the petition for initiative under Sec.
Initiative – the power of the people to propose 2, Art. XVII.
amendments to the Constitution or to propose and
enact legislations through an election called for the Referendum - the power of the electorate to approve
purpose. or reject legislation through an election called for that
purpose.
Three kinds of initiative:
1. initiative on the Constitution – refers to a petition Two (2) Classes:
proposing amendments to the Constitution 1. Referendum on Statutes- refers to a petition to
2. initiative on statutes – refers to a petition approve or reject a law, or part thereof, passed by
proposing to enact a national legislation Congress

2. Referendum on Local Law- refers to a petition to desire, apply for initiative. Limitation on Local
approve or reject a law, resolution or ordinance Legislative Body vis-à-vis Local Initiative
enacted by regional assemblies and local
legislative bodies Sec. 125, RA 7160 – any proposition or ordinance
approved through an initiative and referendum shall
Doctrine of Proper Submission (proper frame of not be repealed, modified or amended by the
reference) – because the Constitution itself prescribes Sanggunian within 6 months from the date of approval
the time frame within which the plebiscite is to be thereof, and may be amended, modified or repealed
held, there can no longer be a question on whether within 3 years thereafter by a vote of ¾ of all its
the time given to the people to determine the merits members. In case of barangays, the period shall be 18
and demerits of the proposed amendments is months after approval.
adequate.
Revision – In the case of Lambino vs. COMELEC, the
The plebiscite may be held on the same day as regular SC held that a people’s initiative to change the
elections. Constitution applies only to an amendment of the
Constitution and not to its revision. Certainly, the
Judicial Review of Amendments – The question is Lambino Group’s initiative is a revision and not merely
now regarded as subject to judicial review because an amendment. Quantitatively, the Lambino Group’s
invariably, the issue will boil down to whether or not proposed changes overhaul two articles—Article VI on
the constitutional provisions had been followed. the Legislature and Article VII on the Executive—
(Sanidad vs. Comelec; Javellana vs. Exec. Secretary) affecting a total of 105 provisions in the entire
Constitution. Qualitatively, the proposed changes alter
Prohibited Measures: The following cannot be the substantially the basic plan of government, from
subject of an initiative or referendum— presidential to parliamentary, and from a bicameral to
1. No petition embracing more than one subject a unicameral legislature.
shall be submitted to the electorate; and
2. Statutes involving emergency measures, the 2004, No. 4: An amendment to or a revision of the
enactment of which is specifically vested in present Constitution may be proposed by a
Congress by the Constitution, cannot be subject of Constitution Convention or by the Congress upon a
referendum until ninety (90) days after the vote of ¾ of all its members. Is there a third way of
effectivity. (Sec. 10, RA 6735) proposing revisions of or amendments to the
Constitution? If so, how? The people, through
Local Initiative: not less than 2,000 registered voters initiative but only for amendment.
in case of autonomous regions, 1,000 in case of
provinces and cities, 100 in case of municipalities, and 2001, No. 1: One Senator remarked that the Supreme
50 in case of barangays, may file a petition with the Court is a continuing constitutional convention. Do you
Regional Assembly or local legislative body, agree? SC has no role in amendment or revision.
respectively, proposing the adoption, enactment, Executive has also no role on it.
repeal, or amendment, of any law, ordinance or
resolution. (Sec. 13, RA 6735) 2007, No. 6: True or False – An amendment to the
constitution shall be valid upon a vote of ¾ of all the
Limitations on Local Initiative: members of the Congress. False. It has to be ratified by
1. The power of local initiative shall not be exercised the majority of the people. It is an act of sovereignty.
more than once a year; It will take effect on the day the plebiscite is done.
2. Initiative shall extend only to subjects or matters
which are within the legal powers of the local XVIII, 2009. What are the essential elements of a valid
legislative bodies to enact; and petition for a people's initiative to amend the 1987
3. If at any time before the initiative is held, the local Constitution? Discuss.
legislative body shall adopt in toto the proposition
presented, the initiative shall be cancelled. 1. You must attach the proposed amendments in
However, those against such action may, if they so gathering signatures.
2. Cannot contain more than one subject-
3. There must be a petition supported by 12% of the
total number of registered voters
4. Every legislative district must be represented by at
least 3 percent
Which of the following is NOT correct?
a) the Congress can propose revision of the

Constitution
b) the people cannot propose to amend the
Constitution without an enabling law
c) even with an enabling law, the people cannot
propose revision of the Constitution
d) more than one proposal to amend the
Constitution through initiative may be made
within 5 years of each other
2011, No. 13. Jose Cruz and 20 others filed a petition

with the COMELEC to hold a plebiscite on their petition
for initiative to amend the Constitution by shifting to a
unicameral parliamentary form of government(it is
revision of Constitution). Assuming that the petition
has been signed by the required number of registered
voters, will it prosper?
a) No, only Congress can exercise the power to

amend the Constitution.
b) Yes, the people can substantially amend the
Constitution by direct action.
c) Yes, provided Congress concurs in the
amendment.
d) No, since they seek, not an amendment, but a
revision.
– End –

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Political Law Bar Reviewer 2014

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a) a government of force. The DOCTRINE OF INCORPORATION means that the

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a) Section 14, Article XIII 1. "Subject to reasonable conditions prescribed by

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Disqualifications: a) No, because due to the lapse of time

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Note: No need to be naturalized WHICH will take a 1. a citizen to an alien?

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Note: Reconsidered: “Plenary power” II. Limits Imposed by the Constitution

LIMITS OF LEGISLATIVE POWER a) Yes, because the circular contains sufficient

Page | 37 Edited by: Chaz Llanes

Under the COMPLETENESS TEST, a law must be Examples of Sufficient Standards:

Page | 39 Edited by: Chaz Llanes

2011 Bar Question, No. 94: A candidate for Senator Consequences:

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Section 8. Unless otherwise provided by law, the Two Privileges:

a) On July 1, 2010, the day it is approved

Page | 49 Edited by: Chaz Llanes

1. Incompatible Office — no Senator or member of 2. Forbidden Office — no Senator or member of the

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Scope of “Prohibited Appointment” Prohibitions:

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a) simple majority However, although these bills are required to

Negative Cases: The enrolled bill rule rests on the following

Three ways for bill to become law: PRESIDENTIAL VETO

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What about their representative attending meetings Prohibitions on presidential appointments:Spouse,

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a) A is automatically reinstated to his position a) No, plunder is not a pardonable offense.

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2. Review, revise, reverse, modify, or affirm on 1. Judicial Power

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a) a petition for issuance of a writ of habeas F. Rule-making power — promulgates rules

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Prohibitions and Inhibitions:No member of a 1. Cannot hold any other office/employment – it

Section 5. The Commission shall enjoy fiscal Section 1.

Qualifications: Classes of Service:

D. THE COMMISSION ON AUDIT Section 2.

Basic Principles: Cash Transfer Program of DSWD is based on Social

1990, No. 8: XYZ, a corporation organized under the e) Legislative Power

1. the sangguniang panlalawigan for the province;

Freedom Period: Who represents the LGU in suits?City Council v.

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Highest ranking sanggunian member will fill in as B. In the Legislative

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(e) Administrative Appeals Effect of Election on Administrative Liability:

(2) Upon the lapse of the aforesaid period, the A – Assumption

B. How will the recall be initiated? Recall can be l) Term Limits