CONSTITUTIONAL LAW 1

CHAPTER I  Discovery of Phil by Magellan  common rule

GENERAL CONSIDERATIONS of Spain  300+ years, abuses of the
government and the friars  Filipinos
Political Law developed a sense of unity  Rizal and other
propagandists, ignite spirit of nationalism
Political law is that branch of public law
 Phil. Revolution started by Bonifacio under the
which deals with the organization and operations of
the governmental organs of the State and defines the generalship of Aguinaldo  Ended the Spanish
relations of the State with the inhabitants of its Sovereignty  Phil independence  First Phil
territory. Republic, Aguinaldo – Pres  Malolos
Constitution, new government was established;
Scope of Political Law first democratic constitution to be promulgated
in Asia
 Constitutional Law
 US planting seeds of another sovereignty 
 Administrative Law
 Law of Public Officers disregarded the declaration of independence day
 Election Law  Treaty on Paris – cession of Phil Is. by Spain
 Law on Municipal Corporations to the US  Phil-American War
 Americans organized a military govt but
Constitutional Law consolidation of executive, legislative and
judicial authority in a military government 
Constitutional law is a study of the structure non-observance of the doctrine of separation of
and powers of the Government of the Republic of
powers
the Philippines.
It also deals with certain basic concepts of  Schurman Commission  First Phil Comm. 
Political law, such as the nature of the State, the fact-finding survey of the Phil Is. & submit
supremacy of the Constitution, the separation of appropriate recommendations to the US
powers, and the rule of the majority. Congress
 Taft Commission  Second Phil Comm. 
Necessity of the Study
took over all the legislative powers and some of
Every citizen, regardless of the calling, the executive and judicial powers of the military
should understand the mechanisms and motivations govt
of his government. This must be so because  Spooner Amendment  civil govt  William
“sovereignty resides in the people and all Howard Taft, governor
government authority emanates from them” (Art.II,  Phil Bill 1902  Phil Assembly was crated
Sec. 1, 1987 Constitution). It is upon the active
involvement in public affairs of every Filipino that (1907) to sit with the Phil Comm. in a bicameral
the success of the Republic of the Philippines will legislature, Sergio Osmena, Speaker of the Phil
depend. Assembly  1907 Phil Autonomy Act – Jones
All educational institutions shall include the Law – established inter alia a Phil Legislature
study of Constitution as part of the curricula. consisting of a Senate (Manuel L Quezon) and a
Hse of Rep (Sergio Osmena)
Background of the Study
 Tydings-McDuffie Act – authorized the
 Inhabitants of the Phil. consisted of disparate establishment of the Commonwealth of the Phil
tribes  governed by system of laws  Constitutional Convention  1935 Consti 
promulgated by the datu or a council of elders inauguration of the Commonwealth government
 fell under a foreign power, bound by  Quezon, Pres & Osmena, VP
commercial ties

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 Tydings-McDuffie Act promised independence

to the Fil – prove their capacity for democratic
govt during 10 year transition period  Second
republic of the Phil  Jose P. Laurel, Pres
during the Japanese occupancy
 Intensification of a subversive movement by
communist-oriented groups, Pres. Ferdinand
Marcos issued Proclamation No 1081 –Martial CHAPTER II
Law  Proclamation no 1102 – 1973 Consti – THE CONSTITUTION OF THE PHILIPPINES
effective
 Issue of validity of 1973 consti – ratification Constitution of the Phils., past and present
cases. Habeas Corpus Cases, SC unanimously
 Commonwealth Constitution (1935)
upheld the proclamation of Martial Law
 Constitution of 1973
 1973 Consti – Pres Marcos issued Proc No 2045  Freedom Constitution (Feb. 25, 1986)
– lifting Martial Law. However he retained his  1987 Constitution (adopted on Feb. 02,
“standby legislative powers”  promulgated 1987)
National Security Code and Public Order Act
 Pres Marcos submitted on the 10 th day following 1987 Constitution – FOURTH fundamental law to
the proclamation of the winners in the snap govern the Philippines
election to be called by the legislature on the
Commonwealth Constitution (1935) – FIRST
strength of such resignation. SC denied the constitution; operative after the proclamation of the
petition and sustained the resignation and the Republic of the Philippines
call. Elections Marcos, Pres. Arturo Tolentino,
VP INDEPENDENT Philippines – July 4, 1946
 People power, headed by Juan Ponce Enrile and
1973 Constitution – SECOND Constitution;
Fidel Ramos  Corazon Aquino, Pres &
enforced during Marcos regime
Salvador Laurel, VP
 Freedom Constitution  Plebiscite PEOPLE POWER – February 25, 1986

Freedom Constitution – THIRD; effective pending

the adoption of a permanent Constitution

President Corazon C. Aquino – Proclamation 9 –

creation of a Constitutional Commission – 50
members

** deadline: September 2, 1986

** Justice Cecilia Munoz-Palma – accepted and

immediately undertook their mission

** October 15, 1986 – approve the final draft

PLEBISCITE – not within 60 days but within 3

months, to give people more opportunity to study

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**Plebiscite: February 2, 1987

CONSTITUTION:
• Quintessential rather than superficial, root and
not the blossom
• Base and framework, core of the dream that must
take shape
• It must grow within the society it seeks to
restructure and march space with progress of the
race
Outstanding Features
CHAPTER III
 Revival of the Bicameral Congress of the THE CONCEPT OF THE STATE
Philippines and the strictly legal Presidential
system. Definition
 The independence of the judiciary has been
strengthened, with new provisions for A state is a community of persons, more or
appointment and increase in its authority, less numerous, permanently occupying a fixed
covering even political questions formerly territory, and possessed of an independent
beyond its jurisdiction. government organized for political ends to which the
great body politic render habitual obedience.
18 articles
State vs. Nation
Many of the original 1935 provisions have been
restored – legislative and executive departments – The term nation indicates a relation of birth
because of the revival of the bicameral congress of or origin and implies a common race, usually
the Philippines and the strictly presidential system characterized by community of language and
customs. The State is a legal concept, while the
Independence of the judiciary has been strengthened nation is only a racial or ethnic concept.
- new provisions for appointment and increase in its
authority. State vs Government

Bill of rights – improved – creation in the document STATE GOVERNMENT

of a commission on human rights Principal Agent
abstraction Externalizes the state and
Sounds like a political speech rather than a formal articulates its will
document stating only basic precepts Element of the state
Inclusion of certain topics that have no place in a
Constitution – sports, love, drugs, advertising etc Elements of state.

Supremacy of the Constitution 1. People

2. Territory
The Constitution is the basic and paramount 3. Government
law to which all other laws must conform and to 4. Sovereignty
which all persons, including the highest officials of
the land. People
** No act shall be valid if it conflicts with the
Constitution People refers simply to the inhabitants of the State.
** All must bow to the mandate of this law
There is no legal requirement as to the number.
Prospects of the Constitution

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**numerous to be self-sufficing and to defend internal waters of the Philippines.” (Art. 1, 1987
themselves Constitution)

**small enough to be easily administered and National territory by reference to the pertinent
sustained treaties concluded by the US during its regime in
this country, the present rule now physically lists the
People must come from both sexes to be able to components of our territory and so de-emphasizes
perpetuate themselves recollections of our colonial past

People are more comprehensive and less cohesive The article has deleted reference to the territories we
than the nation claim “by historic right or legal title”, but this does
NATION: starting as an amorphous group of not mean an outright and formal abandonment of
individuals inhabiting same territory, the people may such claim, which was best “left to a judicial body
develop and share certain characteristics and capable of passing judgment over the issue”
interests, such as common language, common SECOND SENTENCE – archipelagic doctrine –
religion, and a common set of customs and traditions which we connect the outermost points of our
that will unite them into a more closely-knit entity archipelago with straight baselines and consider all
the waters enclosed thereby as internal waters
NATION: a people bound together by common
attractions and repulsions into a living organism ARCHIPELAGO – regarded as one integrated unit
possessed of a common pulse, a common instead of being fragmented into so many thousand
intelligence and inspiration, and destined apparently islands
to have a common history and a common fate
TERRITORIAL SEAS – defined according to the
Territory Jamaica Convention on the Law of the Sea

Territory is the fixed portion of the surface of the DEFINITION IN ART. 1

earth inhabited by the people of the State. 1. Those ceded to the US by virtue of the Treaty of
Paris of Dec 10, 1898
Practical requirement ONLY – must be neither too 2. Defined in the treaty concluded between the US
big as to be difficult to administer and defend nor and Spain on Nov 7, 1900, which were not
too small as to be unable to provide the needs of the defined in the treaty of Paris, specifically islands
population of Cagayan, Sulu and Sibuto
3. Defined in the treaty concluded on jan 2, 1930,
COMPONENTS OF TERRITORY between US and Great Britain, specifically the
• Terrestrial domain – land mass Turtle and Mangsee islands
• Maritime and fluvial domain – inland and external 4. The island of Batanes, which was covered under
waters a general statement in the 1935 Consti
• Aerial domain – air space above the land and 5. Those contemplated in the phrase “belonging to
waters the Phil by historic right and legal title” in the
1973 Consti
“The national territory comprises the
Philippines archipelago, with all the islands and Government
waters embraced therein, and all other territories
over which the Philippines has sovereignty or Government is the agency or instrumentality through
jurisdiction, consisting of its territorial, fluvial, and the will of the State is formulated, expressed and
aerial domains, including its territorial sea, the realized.
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and No particular form of government is prescribed,
connecting the islands of the archipelago, regardless provided that the government is able to represent the
of their breadth and dimensions, form part of the State in its dealings with other states.

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o patronize arts and letters and develop

OUR GOVERNMENT – democratic and republican Filipino culture for national identity

DIRECT STATE ACTION – the mandate of the **These functions while traditionally
government from the state is to promote the welfare regarded as merely ministrant and optional,
of the people. Whatever is good is done by the have been made compulsory by the
government is attributed to the State but every harm constitution.
inflicted on the people is imputed not to the State but
to the government alone. Such inquiry may justify Doctrine of Parens Patriae
the replacement of the government by revolution,
theoretically at the behest of the State. One of the important tasks of the
government is to act for the State as parens patriae,
or guardian of the rights of people.

** it is buttressed by its adherence to the concept

Functions that the judiciary, as an agent of the State acting as
parens patriae, is called upon whenever a pending
1. Constituent. Constituent functions constitute suit or litigation affects one who is a MINOR to
the very bonds of society and are therefore accord prority to his best interest
compulsory. ** parens patriae in representation of the legitimate
2. Ministrant. Ministrant functions are those claimants
undertaken to advance the general interests ** the prerogative of parens patriae is inherent in the
of society, such as public works, public supreme power of every State, whether that power is
charity, and regulation of trade and industry. lodged in a royal person or in the legislature, and has
no affinity to those arbitrary powers which are
To our Supreme Court, however, the distinction sometimes exerted by irresponsible monarchs to the
between the two is not relevant in our jurisdiction. detriment of the people and the destruction of their
Such distinction has been blurred because of the liberties
repudiation of the laissez faire policy in the
Constitution (PVTA vs. CIR, reiterating the rule in De Jure vs. De Facto Government
ACCFA vs. Federation of Labor Unions).
Laissez faire literally means “leave us alone”; it 1. De Jure.—A de jure government has rightful
denotes that the government should play little or no title but no power or control, either because
role at all in the market. this has been withdrawn from it or because it
has not yet actually entered into the exercise
** it is now obligatory on the state to: thereof.
o promote social justice 2. De Facto.—A de facto government is a
o provide adequate social services to promote government of fact, that is, it actually
a rising standard of living exercises power or control but without legal
o afford protection to labor title.
o formulate and implement urban and agrarian
reform programs 3 Kinds of de facto Government
o adopt other measures intended to ensure the
dignity, welfare and security of the citizens 1. The government that gets possession and
o establish and maintain a complete, adequate control of by force or by voice of the
and fully integrated system of education majority, the rightful legal government and
o offer free elementary and secondary public maintains itself against the will of the latter.
education 2. That established as an independent
o promote scientific research and invention government by the inhabitants of a country
who rise in insurrection against the parent
state.

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3. That which is established and maintained by

military forces who invade and occupy a  Administration is the group of persons in
territory of the enemy in the course of war, whose hands the reins of government are for
and which is denominated as a government the time being.
of paramount force.  The administration runs the government.
 Administration is transitional whereas the
**Second Republic of the Phil – De Facto government is permanent.
Government – established by the Japanese
belligerent during the occupation of the Philippines Sovereignty
in WW II
Sovereignty is the supreme and
Characteristics of de facto government: uncontrollable power inherent in a State by which
1. Existence is maintained by active military that State is governed.
power within the territories and against the
rightful authority of an established and lawful Two Kinds of Sovereignty
government
2. During its existence, it must necessarily be 1. Legal sovereignty.—The authority which
obeyed in civil matters by private citizens who, has the power to issue final commands.
by acts of obedience rendered in submission to 2. Political sovereignty.—The power behind
such force, do not become responsible, as the legal sovereign, or the sum of the
wrongdoers, for those acts, though not influences that operate upon it.
warranted by the laws of the rightful
government Congress: Legal Sovereignty :: different sectors that
** They are usually administered by military mold public opinion: Political Sovereignty
authority, supported more or less directly by military Sovereignty may also be internal or external:
force 1. Internal Sovereignty - refers to the power of
** government of Corazon Aquino – DE JURE the state to control its domestic affairs
GOVT – the people have made the judgment, govt in 2. External Sovereignty (Independence) -
fact and in law, in effective control of the entire power of the state to direct its relations with
country, community of nations has recognized the other states
legitimacy of the present govt
Characteristics of Sovereignty
Government of the Philippines
 Permanent
Administrative Code of 1987, Sec. 2(1):  Exclusive
“The corporate governmental entity through  Comprehensive
the functions of the government are exercised
 Absolute
throughout the Philippines, including, save as the
 Indivisible
contrary appears from the context, various arms
through which political authority is made effective in  Inalienable
the Philippines, whether pertaining to autonomous  Imprescriptible
regions, provincial, city, municipal, or barangay
subdivisions or other form of local government.” ** sovereignty is not deemed suspended although
acts of sovereignty cannot be exercised by the
A government-owned or controlled legitimate authority.
corporation (GOCC) engaged in proprietary
functions cannot be considered part of the ** there can be no change of sovereignty during a
Government for purposes of exemption from the belligerent occupation, the political laws of the
application of the statute of limitations. occupied territory are merely suspended, subject to
revival under the jus postliminium upon the end of
Administration vs. Government the occupation

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ACT OF STATE – act done by the political

POSTLIMINIUM. That right in virtue of which departments of the government and not subject to
persons and things taken by the enemy are restored judicial review
to their former state, when coming again under the
power of the nation to which they belong.
CHAPTER IV
** non-political laws are deemed to continue unless THE DOCTRINE OF STATE IMMUNITY
changed by the belligerent occupant since they are
intended to govern the relations of individuals as 😊😊
among themselves and are not generally affected by
changes in regime of rulers

**rule suspending political laws affects only the

civilian inhabitants of the occupied territory and is
not intended to bind the enemies in arms

JUDICIAL DECISIONS – valid during the

occupation and even beyond except those of a
political complexion, which are automatically
annulled upon the restoration of the legitimate
authority

** where there is a change of sovereignty, the

political laws of the former sovereign are not merely
suspended but abrogated
** as they regulate the relations between, the ruler
and the ruled, these laws fall to the ground of ipso
facto unless they are retained or re-enacted by
positive act of the new sovereign CHAPTER V
FUNDAMENTAL PRINCIPLES AND STATE
** non-political laws continue in operation, for the POLICIES
reason that they only regulate private relations,
unless they are changed by the new sovereign or are
contrary to its institutions. ART II – “DECLARATION OF PRINCIPLES AND
STATE POLICIES”
** total abrogation of political relations of the
inhabitants – that all laws in force which are in Article II lays down the rules underlying our
conflict with the political character, constitution, or system of government and must therefore be adhered
institutions of the substituted sovereign lose force to in the conduct of public affairs and the resolution
of public issues.
Act of State
Purpose – emphasize and articulate more
ACT OF STATE is done by the sovereign power of unequivocally the objectives and limitations of
a country, or by its delegate, within the limits of the governmental actions in pursuit of the general goals
power vested in him. announced n the preamble

**Act of state – cannot be questioned or made the Preamble

subject of legal proceedings in a court of law
 Preamble is not considered a source of
substantive right since its purpose is only to
introduce.

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 Literally means “to walk before.”

(Praeambulus: Walking in front) Rearing of the Youth (Sec. 12 & 13)
 It’s not merely rhetorical; it indicates the
authors of the Constitution.  Art. II, Sec. 12 and Sec. 13 deal with the
 It also enumerates the primary aims and proper rearing of the youth.
expresses the aspirations of the framers in  This power is exercised most effectively, at
drafting the Constitution. least during the child’s formative years,
 It is a useful aid in construction and through the school.
interpretation of the text of the Constitution.
Women (Sec. 14)
Republicanism (Sec. 1)
 Art. II, Sec. 14 deals with the role of women
 A republic is a representative government, a in nation-building.
government fun by and for the people.
 The essence of republicanism is Social Justice (Sec. 9, 10, 11, 18 & 21)
representation and renovation, the
selection by their citizenry of a corps of  Justice Jose P. Laurel, in Callang vs.
public functionaries who derive their Williams, defined Social Justice thus:
mandate from the people and act on their “Social justice is ‘neither communism,
behalf, serving for a limited period only, nor despotism, nor atomism, nor anarchy,’
after which they are replaced or retained at but the humanization of laws and the
the option of their principal. equalization of social and economic forces
by the State so that justice in its rational and
objectively secular conception may at least
be approximated.”
 Salus populi est suprema lex.—The welfare
of the people is the supreme law.

The Defense of the State (Sec. 4)

 Art. II, Sec. 4, 1987 Constitution: “…all Separation of Church and State (Sec. 6)
citizens may be required, under conditions
provided by law, to render personal military  Art. II, Sec. 6 reiterates “the separation of
or civil service.” Church and State shall be inviolable.”
 The duty is imposed upon all citizens.  The doctrine cuts both ways:
 The duty must be personal, to preclude the o State is prohibited from interfering
hiring by the rich of “mercenaries” or in purely ecclesiastical affairs;
professional soldiers to take their place in o The Church is barred from meddling
the defense of the State. in purely secular matters.
 No excessive entanglement.
The Incorporation Clause (Sec. 2)
Supremacy of Civilian Authority (Sec. 3)
 Art. II, Sec. 2: “The Philippines…adopts the
generally accepted principles of  Art. II, Sec. 3: “Civilian authority is, at all
international law as part of the law of the times, supreme over the military. The
land…” Armed Forces of the Philippines is the
 Every State is, by reasons of its membership protector of the people and the State. Its goal
in the family of nations, bound by generally is to secure the sovereign of the State and
accepted principles of international law the integrity of the national territory.”
(doctrine of incorporation).

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Local Autonomy (Sec. 25)  According to Justice Laurel (Pangasinan

Transportation Co. vs. PSC):
 The strengthening of the local government is o Secure action
based on the Jeffersonian view that o Forestall overaction
“municipal corporations are the small o Prevent despotism
republics from which the great one derives o Obtain efficiency
its strength.”
To achieve these purposes:
 Legislative.—enactment of laws and may
not enforce or apply them;
 Executive.—enforcement of laws and may
not enact or apply them;
 Judiciary.—application of laws and may not
enact or enforce them.

 The keynote of conduct of the various

agencies of the government under the
doctrine of separation of powers is not
independence but interdependence.

Blending of Powers

 There are instances under the Constitution

when powers are not confined exclusively
within one department but are in fact
assigned to or shared by several departments
—a “blending of powers.”

CHAPTER VI
SEPARATION OF POWERS
 Examples:
o The enactment of general
 The doctrine is observed in our country not appropriations law, which begins
only because it is regarded as a characteristic with the preparation by the President
of republicanism but also for the reason that of the budget, which becomes the
the major powers of government are actually basis of the bill adopted by the
distributed by the Constitution among the Congress and subsequently
several departments and the Constitutional submitted by the President, who
Commissions. may then approve it.
o The grant of amnesty by the
Purpose
President which requires the
concurrence of a majority of all
 Doctrine of separation of powers is intended members of the Congress.
to prevent a concentration of authority in o COMELEC does not alone deputize
one person or group of persons that might
law enforcement agencies to ensure
lead to an irreversible error or abuse in its
free, orderly, honest, peaceful and
exercise to the detriment of our republican
credible elections but does so with
institutions.
the consent of the President.

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Checks and Balances Political Questions Under the New Constitution

 A system by which one department is  Art. VIII, Sec. 1 broadens the concept of
allowed to resist encroachments upon its judicial power.
prerogatives or to rectify mistakes or  It has the duty “to determine whether or not
excesses committed by the other there has been a grave abuse of discretion
departments. amounting to lack or excess of jurisdiction
 Illustrations: on the part of any branch or instrumentality
o Lawmaking power of the Congress of the Government.”
is checked by the President through  There is grave abuse of discretion:
his veto power, which may be o When an act done is contrary to the
overridden by the legislature. Constitution, the law, or
o The Congress may refuse to give its jurisprudence, or
concurrence to an amnesty o It is executed whimsically,
proclaimed by the President and the capriciously, arbitrarily, out of
Senate to a treaty he has concluded. malice, ill will or personal bias
o The President may nullify a (Infotech vs. COMELEC)
conviction in a criminal case by  The broadened concept of judicial power is
pardoning the offender (Gloria not meant to do away with the political
Arroyo to Teehankee). questions doctrine itself. The concept must
o The judiciary has the power to sometimes yield to separation of powers, to
declare invalid an act done by the doctrine on ‘political questions’ or to the
Congress, the President, and his ‘enrolled bill’ rule.
subordinates, or the Constitutional
Commissions.

The Role of the Judiciary

 The judiciary has the primordial duty to

uphold the supremacy of the Constitution.
 To determine the valid exercise of power,
the first criterion is whether or not the power
in question has been constitutionally
conferred upon the department claiming its
exercise.

Justiciable vs. Political Questions

CHAPTER VII
 Justiciable questions.—A purely justiciable DELEGATION OF POWERS
question implies a given right, legally
demandable and enforceable, an act or  Potestas delegata non delegari potest.—
omission violative of such right, and a What has been delegated cannot be
remedy granted and sanctioned by law, for delegated further.
said breach of right (Casibang vs. Aquino).  The delegation of legislative power has
 Political questions.—It connotes what it become the rule and its non-delegation the
means in ordinary parlance, namely, a exception.
question of policy. It is concerned with
issues dependent upon the wisdom, not Permissible Delegation
legality, of a particular measure.

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1. Delegation of tariff powers to the President.

2. Delegation of emergency powers to the  Administrative agencies may implement the
President. broad policies laid down in a statute by
3. Delegation to the people at large. “filling in” the details which the Congress
4. Delegation to local governments. may not have the opportunity or competence
5. Delegation to administrative bodies. to provide.
 This is effected by their promulgation of
Tariff Powers what are known as supplementary
regulations, such as the implementing rules
 Art. VI, Sec. 28(2) issued by the Department of Labor on the
 The legislative process is much too Labor Code.
cumbersome for the speedy solution of some
economic problems, especially those relating Tests of Delegation
to foreign trade.
 The true distinction is between:
Emergency Powers o Delegation of power to make law
(cannot be done);
 Art. VI, Sec. 23(2) o Conferring authority or discretion as
to its execution, to be exercised
Conditions for the vesture of emergency powers in under an in pursuance of the law (no
the President are the following: valid objection can be made).

1. There must be war or other national 1. Completeness Test.—The law must be

emergency. complete in all its essential terms and
2. The delegation must be for a limited period conditions when it leaves the legislature so
only. that there will be nothing left for the
3. The delegation must be subject to such delegate to do when it reaches him except
restrictions as the Congress may prescribe. enforce it.
4. The emergency powers must be exercised to 2. The Sufficient Standard Test.—It is intended
carry out a national policy declared by the to map out the boundaries of the delegate’s
Congress. authority by defining the legislative policy
and indicating the circumstances under
Delegation to the People which it is to be pursued and effected.

 Referendum.—It is defined as a method of Pelaez Case (Emmanuel Pelaez vs. Auditor

submitting an important legislative measure General)
to a direct vote of the whole people.
 Plebiscite.—It is intended to work more  The completeness test and sufficient
permanent changes in the political structure, standard test must be applied together or
like a proposal to amend the Constitution. concurrently.
Delegation to Local Governments

 The local legislatures are more

knowledgeable than the national lawmaking
body on matters of purely local concern and
are therefore in a better position to enact the CHAPTER VIII
necessary and appropriate legislation THE LEGISLATIVE DEPARTMENT
thereon.

Delegation to Administrative Bodies

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The 1987 Constitution revived the Congress of the Art 6, Sec 3

Phil. and represents a return to bicameralism
No persons shall be a Senator unless he is a
UNICAMERAL: Batasang pambansa, Malolos natural-born citizen of the Philippines, and,
Congress, Taft Commission in the day of the election, is at least 35 years
of age, able to read and write, a registered
BICAMERAL: Phil. Bill of 1902 – provided for a voter, and a resident of the Philippines for
legislature consisting of a Phil Assembly and the not less than 2 years immediately preceding
Philippine Commission the day of the election.

Jones Law – House of Reps. and Senate = PHIL NATURAL BORN CITIZENS – citizens of the Phil
LEGISLATURE from birth without having to perform any act to
acquire and perfect their Phil citizenship
1987 Constitution important modification that have
been introduced – SECTION 1, ART 6 = legislative AGE QUALIFICATIONS – fixed at 35 on the day
power is now not exclusively vested in the Congress, of the elections and not on the day of the
in view of the reservation made regarding proclamation of the winners.
INITIATIVE and REFERNDUM
LITERACY REQUIREMENT
ART 6, SEC 1
RESIDENCE (domicile) – place where one
The legislative power shall be vested in the habitually resides and to which, when he is absent,
Congress of the Philippines which shall he has the intention of returning. Residence is in any
consist of Senate and a House of the part of the Philippines.
Representatives, except to the extent
reserved to the people by the provision on **the qualifications prescribed in this section are
initiative and referendum. continuing requirements. They must be possessed
for the entire duration of the member’s incumbency.
Congress discharges powers of a NON-
LEGISLATIVE nature: **EXPRESSIO UNIUS EST EXCLUSIO
 Canvass of the presidential election ALTERIUS – not competent for the Congress to
 Declaration of the existence of war provide by mere legislation for additional
qualifications
 Confirmation of amnesties
 Amendment or revision of the constitution TERM
 Impeachment
Art 6 Sec 4 and Art 18 Sec 2
THE SENATE
Sec 4. The term office of the senators shall
COMPOSITION be SIX YEARS and shall commence, unless
otherwise provided by law, mat noon on the
Art 6, Sec 2 30th day of June next following their election
 24 senators elected at large
Sec 2. The senators, members of the House
“elected at large” – training ground for national of the Reps, and the local officials first
leaders, broader outlook of the problems of the elected under this Consti shall serve until
country, more circumspect and broad-minded than noon of June 30, 1992
the House of Reps.
Of the senators elected in the election of
QUALIFICATIONS 1992, the first 12 obtaining the highest

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number of votes shall serve for SIX YEARS  Part-list reps – 20 % of the total membership
and the remaining 12 for THREE YEARS. of the HR
 Each legislative district with a population of
The continuity of the life of a Senate is intended to
encourage the maintenance of Senate policies as well at least 250 thousand shall have at least 1
as help and train new comers in the discharge of rep.
their duties.

Art 6, Sec 4 (A) DISTRICT REP

No senator shall serve for more than 2 200 members to be directly elected from the various
consecutive terms. Voluntary renunciation legislative districts, territory was divided into 13
of the office for any length of time shall not regions, in turn compromising 200 district
be considered as an interpretation in the apportioned among provinces
continuity of his service for the full term for
which he was elected. Validity of legislative apportionment measure –
justiciable question – involving as it does certain
The constitution seems to be wary of elective requirements the interpretation of which does not
officials who stay too long in office, because they call for the exercise of legislative discretion
may entrench themselves in the power to the
exclusion of other aspirants for the office and (B) PARTY-LIST REP
prevent political dynasties
Party-list rep shall constitute 20% of the total
*NO SENATOR CAN SERVE NO MORE THAN membership of the body
12 YEARS
RA 7941 – not later than 90 days before election
* it might have been better to provide that the term day, any political party, organization or coalition
of office of the congress shall commence on the first may file a verified petition through its president or
day of July and without waiting for high noon. secretary for its participation in the party-list system;
published in at least 2 newspapers of gen circulation
THE HOUSE OF THE REPRESENTATIVES and after due notice and hearing be resolved within
15 days and in no case later than 60 days before the
COMPOSITION election

2 kinds of members: The sectors shall include: labor, peasant, fisher-folk,

urban poor, indigenous cultural communities,
District Reps – elected directly and personally from elderly, handicapped, women, youth, veterans,
the territorial unit he is seeking to represent overseas workers, and professionals.

Party-list Reps – chosen indirectly, through the party Upon registration, the pol party shall submit to the
he represents COMELEC not later than 45 days before the
election 5 names from w/c its reps may be chosen
**party-list system – innovation of the 1987
constitution EVERY VOTER SHALL BE ENTITLED OF 2
VOTES:
Art 6, Sec 5  District rep
 Pol party he wants represented in the HR
 Not more than 250 members elected from
legislative districts apportioned among the
PARTICIPANTS IN THE PARTY-LIST – ranked
provinces accdg to the # of votes they received.
** AT LEAST 2% - 1 seat

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CONSTITUTIONAL LAW 1

** MORE THAN 2% - given additional seats interruption in the continuity of his service
***but none of them shall have more than 3 seats for the full term for which he was elected.

They shall have the same rights and be subject to the Purpose of reducing the term to 3 years is to
same inhibition and disqualifications, the SOLE synchronize elections
EXCEPTION, cannot change his pol party during
his term of office. MAX term: 3 TERMS or 9 CONSECUTIVE
YEARS
If the change is made within 6 mos. before the
election, he shall not be eligible for nomination Reason: generally young than the members of the
Senate
QUALIFICATIONS

Art 6, Sec 6

No person shall be a member of the HR

unless he is a natural born citizen of the
Philippines and on the day of the election, is
at least 25 years of age, able to read and ELECTION
write and except the party-list reps, a
registered voter in the district in which he Art 6, Sec 9.
shall be elected, resident thereof for a
period of not less than 1 year immediately In case of vacancy in the Senate or in the
preceding the day of the elections. HR, a special election may e called to fill
such vacancy in the manner prescribed by
PARTY LIST REPS – bona fide member of the law, but the Senator or member of the HR
party he seeks to represent thus elected shall serve only for the
unexpired term.
YOUTH REP – not be more than 30 years old, but
may continue beyond that age until the end of his SALARIES
term
Art 6, Sec 10
RESIDENCE MUST BE IN THE DISTRICT –
ensure familiarity with the conditions and problems The salaries of the senate and the members
of the constituency sought to be represented and of determined by law. No increase in said
consequent efficiency and concern in the discharge compensation shall take effect UNTIL
of legislative duties. AFTER THE EXPIRATION OF THE FULL
TERM of all members of the senate and the
TERM HR approving such increase

Art 6, Sec 7 Art 6, Sec 20

The members of the HR shall be elected for The records and books of accounts of the
a s which shall begin unless otherwise Congress shall be preserved and be open to
provided by law at noon on the 30th day of the public in accordance with law and such
June next following their election. books shall be audited by the COA which
shall be published annually and itemized list
No member of the HR shall serve for more of amounts paid to and expenses incurred
than 3 consecutive terms. Voluntary for each Member.
renunciation of the office for any length of
time shall not be considered as an

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CONSTITUTIONAL LAW 1

**no prohibition against the receipt of allowances by SESSION – does not refer to day to day meetings
the members of the Congress but to the entire period from its initial convening
until its final adjournment
** reduction of salaries is not prohibited. If any
increase is to be made, the same cannot be effective (2) PRIVILEGE OF SPEECH AND DEBATE
during the term of the members of the congress who
have approved such increase Requisites:

PARLIAMENTARY IMMUNITIES  Remarks must be made while the legislature

or legislative committee is functioning – in
Art 6, Sec 11 session
A senator or member of the HR shall, in all  Made in connection with the discharge of
offenses punishable by not more than 6 official duties
years imprisonment, be privileged from
arrest while the Congress is in session. No “in any other place” – he may be called to account
member shall be questioned nor held liable for his remarks by his own colleagues in the
in any other place for any speech or debate congress itself.
in the congress or in any committee thereof.

2 KINDS OF IMMUNITIES

 IMMUNITY FROM ARREST – ensure

representation of the constituents of the CONFLICT OF INTEREST
member of the Congress by preventing Art 6, Sec 12
attempts to keep him from attending its
sessions All members of the senate and the HR shall,
 PRIVILEGE OF SPEECH AND DEBATE – upon assumption of office, make a full
enables the legislator to express views disclosure of their financial and business
interests. They shall notify the House
bearing upon public interest without fear of
concerned of a potential conflict of interest
accountability outside the halls of the that may arise from the filing of a proposed
legislature for his inability to support his legislation of which they are authors.
statements with the usual evidence required
in the court of justice By requiring them to make known at the outset their
financial and business connections or investments, it
(1) PRIVILEGE FROM ARREST is hoped that their potential for self-aggrandizement
will be reduced and they will be prevented from
Covers not only civil arrests but also arrests for using their official positions for ulterior purposes
criminal offenses punishable by not more than 6
years imprisonment INCOMPATIBLE AND FORBIDDEN OFFICES

Applies only while the Congress is in session Art 6, Sec 13

No senator of members of the HR may hold

any other office or employment in the
Government, or any subdivision, agency or

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CONSTITUTIONAL LAW 1

instrumentality thereof, including GOCC court of justice or before the Electoral

and their subsidiaries, during his term Tribunals or quasi-judicial or other
without forfeiting his seat. Neither shall he administrative bodies, neither shall be
be appointed to any office which may have directly or indirectly, be interested
been created or the emoluments thereof financially in any contract with, or in any
increased during the term for which he was franchise or special privilege granted by the
elected Government or any subdivision, agency or
instrumentality thereof. He shall not
INCOMPATIBLE OFFICES – which may not be intervene any matter before any office of the
held by the legislator during his tenure in the government for his pecuniary benefit or
Congress where he may be called upon to act on
account of his office
The prohibition is against the holding of an
incompatible office is not absolute; what is not  Appearance of the legislator is now barred
allowed is the simultaneous holding of that office before all courts of justice regardless of rank,
and the seat in the Congress. composition or jurisdiction
Not every office or employment is to be regarded as
Purpose: prevent the legislator from exerting undue
incompatible with the legislative position
influence, deliberately r not, upon the body where he
is appearing. The pressure may not be intended;
 Membership in the Electoral Tribunal
normally, the appearance is enough, considering the
 Second ofc is an extension of the legislative powers available to the legislator which he can
position or is in aid of legislative duties exercise to reward or punish a judge deciding his
 Who serve as treaty negotiators under the case.
Pres of the Phils continue to seat in the
Congress where they can work better for the The legislator-lawyer can still engage in the practice
of his profession except when it comes to hearings
approval of the treaty and the passage of
and trials above-mentioned
thee needed implementing legislation
 Legislators are prohibited from being financially
FORBIDDEN OFFICE – even if the member of the interest in any contract with the government
congress is willing to forfeit his seat therein, he may
not be appointed to any office in the government that
has been created or the emoluments thereof have
been increased during his term Because of the influence they can easily exercise in
obtaining these concessions; prevent abuses from
Purpose: prevent trafficking in public office
being committed by the members of the Congress to
the prejudice of the public welfare
The appointment of the member of the congress to
the forbidden office is not allowed only during the
**not every transaction is barred by this provision.
term for which he was elected. After such term, and
Only those involving “financial interests” from
even if the legislator is re-elected, the
which the legislator expects to derive some profit at
disqualification no longer applies and he may
the expense of the government
therefore be appointed to the office
SESSIONS
INHIBITIONS AND DISQUALIFICATIONS
Art 6, Sec 15
Art 6, Sec 14
The congress shall convene once every year
No senator or member of the HR may
on the 4th Monday of July for its regular
personally appear as counsel before any

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CONSTITUTIONAL LAW 1

sessions, unless a different date is fixed by DISCIPLINE OF MEMBERS

law, and shall continue to be in session for
such number of days as it may determine Art 6, Sec 16 (3)
until 30 days before the opening of its next
regular session, exclusive of Saturdays, Each house may determine the rules of its
Sundays and legal holidays. The President proceedings punish its members for
may call a special session at any time. disorderly behavior and with the
concurrence of 2/3 of all its members
Max duration of 100 days for the regular session and suspend or expel a member. A penalty of
30 days for the special session, exclusive of Sundays suspension, when imposed shall not exceed
– COMMONWEALTH CONSTITUTION 60 days

MANDATORY RECESS – prescribed for the 30 Rules of proceedings are needed for the orderly
day period before the opening of the next regular conduct of the sessions of the congress. Such rules
session, excluding Sat., Sun., and legal holidays are to be within the exclusive discretion of the House
to formulate and interpret and may not be judicially
President’s call not necessary (special election): reversed.

 Canvass the presidential elections Authority to discipline its members can still be
 Call a special election when both the presidency exercised by each House as an inherent power, with
the concurrence of only a majority vote
and vice-presidency are vacated
 Exercise the power of impeachment SOFT IMPEACHMENT – expulsion and suspension
are deletion of unparliamentarily remarks from the
OFFICERS record, fine, imprisonment and censure

Art 6, Sec 16 (1) JOURNALS

The senate shall elect its president and the Art 6, Sec 16 (4)
HR its speaker, by a vote of majority of all
its respective Members. Each house shall keep a journal of its
proceedings and from time to time publish
Each house shall choose such other officers the same, excepting such parts as may in its
as it may deem necessary judgment affect national security; and the
yeas and nays on any question shall at the
request of 1/5 of the members present be
entered in the Journal.
QUORUM
Each house shall also keep a Record of its
Art 6, Sec 16 (2) proceedings
A majority of each house shall constitute a JOURNALS – record of what is done and past in a
quorum to do business, but a smaller legislative assembly.
number may adjourn from day to day and
may compel the attendance of absent Useful not only for authenticating proceedings but
embers in such manner, and under such also for the interpretation of laws through a study of
penalties, as such House may provide. debates held thereon and for informing the people of
the official conduct of legislators
QUORUM – any number sufficient to transact
business which may be less than the majority of the The publication of the journals is in line with the
membership right t information on matters of public concern

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CONSTITUTIONAL LAW 1

ENROLLED BILL – which has been duly The senate and the HR shall each have an
introduced, finally passed by both houses, signed by Electoral Tribunal which shall be the sole
the proper officers of each, approved by the judge of all contests relating to the election,
governor and filed by the secretary of state returns and qualifications of their respective
members. Each electoral tribunal shall be
Conflict between the recitals in the journals and the composed of 9 members, 3 of whom shall be
version of the enrolled bill – resolved be in favor of justices of the SC and the remaining 6 shall
the enrolled bill be members of the Senate or HR, as the case
may be, who shall be chosen on the basis of
Conflict on the verity of the real contents of the bill proportional representation from the
– look into the journal. – no enrolled bill to speak in political parties and the parties and
view of the withdrawal of the signatures of the organizations registered under the party-list
president of the Phil and Sen Pres system represented therein. The senior
justice in the electoral tribunal shall be its
JOURNAL – resume or minutes of what transpired Chairman
during a legislative session
1987 consti favors the multi-party system as against
ADJOURNMENT the 2-party system

Art 6, Sec 16 (5) Tanada v Cuenco: the legislative seats in the

Electoral Tribunals belonged to the majority and
Neither house during the sessions of the minority parties in the chamber, not to the chamber
congress shall, without the consent of the itself or to the majority party therein/ Electoral
other, adjourn for more than 3 days, nor to Tribunals are also entitled to nominate their own
any other place than that in which 2 houses reps.
shall be sitting
In the discharge of their duties, they are independent
Restoration of bicameralism – envisions of the legislature and also of the other depts. for that
collaboration and coordination between the 2 matter
chambers of the congress
Electoral tribunals have the exclusive right to
Constant contact and communication between the 2 prescribe its own rules of procedures
bodies is necessary that there be prior agreement
before either of them decides to adjourn for more Decisions rendered are not appealable
than 3 days
The employees of the Electoral Tribunal are its own,
Should not adjourn to a place other than where both and neither of the Senate nor the HR nor of any other
chambers are sitting, without the consent of the entity and it stands to reason that the appointment,
other. the supervision and the control over the said
employees are wholly within the tribunal itself
PLACE – refers not to the building but to the
political unit where two houses may be sitting

ELECTORAL TRIBUNALS

Sole judge of all contests involving the election,

returns and qualifications of all members of the
legislature

Art 6, Sec 17 COMMISSION ON APPOINTMENTS

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CONSTITUTIONAL LAW 1

Art 6, Sec 18

There shall be a commission on

appointments consisting of the president of CHAPTER IX
the senate, as an ex officio chairman, 12 POWERS OF CONGRESS
senators and 12 members of the HR, elected
by each House on the basis of proportional
representation from the political parties and Powers of the Congress
parties or organizations registered under
the party-list system represented therein.  Legislative – specific powers of
The chairman of the commission shall not
appropriation, taxation, and expropriation
vote except in case of a tie. The commission
shall act on all appointments submitted to it  Non-legislative – power to canvass the
within 30 session days of the congress from presidential elections, declare the existence
their submission. The commission shall by of war, give concurrence to treaties and
rule a majority vote of all the members amnesties, propose constitutional
amendments, and to impeach.
ORGANIZATION
From such express powers may be derived some
Art 6, Sec 19
implied powers, such as the power to punish
contempt in legislative investigations
The Electoral tribunals and Commission on
Appointments shall be constituted within 30
Congress possess inherent powers such as the
days after the senate and the HR shall have
determination of its rules of proceedings and the
been organized with the election of the
discipline of its members
president and the speaker. The commission
on appointments shall meet only while the LEGISLATIVE POWERS IN GENERAL
congress is in session, at the call of its
chairman or a majority of all its members, LEGISLATIVE POWER – the power of law-
to discharge such powers and functions as making, the framing and enactment of laws, effected
are herein conferred upon it. through the adoption of a bill, or a proposed or
projected law, w/c once approved, becomes a statute
This provision is based on the need to enable the
President to exercise his appointing power in STATUTE – written will of the legislature, solemnly
coordination with the Comm on Appointments expressed accdg to the forms necessary to constitute
it the law of the state
Appointments are made during the recess and
subject to consideration later by the commission for POWER TO MAKE LAWS – includes the power to
confirmation or rejection repeal and alter them
But where the congress is in session, the pres must On the question of which should prevail as between
first clear his nominations with the commission the executive agreements and the statutes =
STATUTES
Unless it is organized, no appointment can be made
by the pres in the meantime Main function of the executive is to enforce
laws enacted by the Congress. The executive must
not interfere in the performance of the legislative
and may not defeat legislative enactments by
indirectly repealing the same through an executive
agreement providing for the performance of the very
act prohibited by such laws.

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CONSTITUTIONAL LAW 1

PURPOSE: more numerous in membership – more

representative of the people, more familiar with the
needs of the country

PROCEDURE APPROPRIATION BILL – primary and specific

purpose is to authorize the release of funds from the
Bill is introduced by any member of either chambers public treasury

FIRST RDG: number and title of the bill, referral to REVENUE BILLS – levies taxes and raises fund for
the proper committee for study, public hearings are the govt
held
TARIFF BILLS – rate or duties to be imposed on
If other bills are of the same nature or purpose, they imported articles
may all be consolidated into one bill.
BILL INCREASING THE PUBLIC DEBT –
SECOND RDG: read in its entirety, scrutinized, floating bonds for public subscription
debated, upon and amended when desired.
BILL OF LOCAL APPLICATION – purely local or
IF bill is approved in the 2nd rdg, the bill is printed in municipal matters, ex city charter
its final form and copies are distributed 3 days
before the 3rd reading PRIVATE BILLS – bill granting honorary
citizenship
THIRD RDG: members merely register their votes.
For senate to introduce what is known as
Once the bill passes 3rd rdg, it is sent to the other AMENDMENT BY SUBSTITUTION, w/c may
chamber. replace the bill initiated in the HR

If there are differences between the versions Consti means: the initiative must come from the HR
approved by the 2 chambers, a CONFERENCE
COMMITTEE representing both houses will draft a PROHIBITED MEASURES
compromise measure that if ratified by the senate
and the HR will then be submitted to the president  Impairing the doctrine of separation of
for his consideration. powers
 Providing for the appointment of elected
THE BILL IS ENROLLED when printed as finally officers
approved by the Congress, thereafter authenticated  Prohibitions in the bill of rights
with the signatures of the Sen Pres, the Speaker and o Enactment of ex post facto laws
the Sec of their respective chambers and approved o Bill of attainders
by the pres. o Laws impairing the obligation of
contracts
ORIGIN OF BILLS
Art 6, Sec 31
Art 6, Sec 24
No law granting a title of royalty or nobility
All appropriation, revenue or tariff bills,
shall be enacted
bills authorizing increase of the public debt,
bills of local application and private bills
PURPOSE: preserve the republican and democratic
shall originate exclusively in the HR, but the
nature of our society by prohibiting the creation of
senate may propose or concur with
privileged classes with special prerequisites not
amendments
available to the rest of the citizenry

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CONSTITUTIONAL LAW 1

its necessity of its immediate enactment to

meet a public calamity or emergency. Upon
the LAST READING of a bill, no
amendment thereto shall be allowed, and
the vote thereon shall be taken immediately
thereafter, the yeas and nays entered in the
Art 6, Sec 30 journal.

No law shall be passed increasing the PURPOSE: prevent half-baked legislation and
appellate jurisdiction of the SC as provided occasional deception of the legislators themselves
in the Consti w/o its advice and concurrence and the public, devote the needed time and study to
the railroaded measures
PURPOSE: prevent further additions to the present
tremendous case load of the SC 3rd READING: limited in the casting of the
members’ votes, usually after a brief explanation
TITLE OF BILLS thereof.

Art 6, Sec 26(1) YEAS and NAYS are entered in the journals as a
permanent record on how each member voted on
Every bill passes by the Congress shall particular issued, for the information especially of
embrace only one subject which shall be their constituents
expressed in the title thereof.
APPROVAL OF BILLS
PURPOSES
Art 6, Sec 27
 Prevent hodgepodge or log-rolling
legislation: any act containing several Every bill passed by the Congress shall,
subjects dealing with unrelated matters before it becomes a law, be presented to the
representing diverse interests, the main President. If he approves the same he shall
object of such combination being to unite sign it; otherwise, he shall veto it and return
the members of the legislature the same with his objections to the House
 Prevent surprise or fraud where it originated, which shall enter the
 Fairly apprise the people, through such objections at large in its Journal and
publications of its proceedings proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
A practical rather than a technical construction” and Members of such House shall agree to pass
said it should suffice if the title expresses gen the bill, it shall be sent, together with the
subject and all the provisions are germane to the gen objections, to the other House by which it
subj
shall likewise be reconsidered, and if
FORMALITIES approved by two-thirds of all the Members
of that House, it shall become a law. In all
Art 6, Sec 26 (2) such cases, the votes of each House shall be
determined by yeas or nays, and the names
No bill passed by either houses shall of the Members voting for or against shall
become a law unless it has passed 3
be entered in its Journal. The President
readings on separate days, and it printed
copies thereof in its final form have been shall communicate his veto of any bill to the
distributed to its members 3 days before its House where it originated within thirty days
passage, EXCEPT, when the pres certifies

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CONSTITUTIONAL LAW 1

after the date of receipt thereof, otherwise, it conduct of the investigation must be strictly in
shall become a law as if he had signed it. conformity with the rules of procedure

We are bound to presume that the action of the

The President shall have the power to veto
legislative body was with a legitimate object id it
any particular item or items in an was capable of being so construed, and we have no
appropriation, revenue, or tariff bill, but the right to assume that the contrary was intended.
veto shall not affect the item or items to
which he does not object. LEGISLATIVE CONTEMPT – failure or refusal to
attend the legitimate legislative investigation or
3 methods contumacy of the witness may be punished
 President signs it – actually signing indicates his
How long may be a private individual be imprisoned
approval
by the legislature for contempt?
 President vetoes – disapproves, returning the bill
to the house of origin, indicate his objections Only for the duration of the session
thereto in what is known as a “veto message”
 Inaction within 30 days – more practical SENATE: imprisoned indefinitely, provided that the
purpose, employed whenever the president, punishment did not become so long as to violate due
while not convinced of the necessity or validity process
of the measure under consideration, is
nonetheless unwilling to disapprove it. HR: imprisonment could not last, not only during the
session but until the final adjournment of the body
30-DAY PERIOD – counted from the date of its
receipt

General rule: is that the President must approve APPEARANCE OF DEPT. HEADS
entirely or disapprove in toto, EXCEPTION,
appropriation, revenue and tariff bills, any particular Art 6, Sec 22
item or items of w/c may be disapproved without
affecting the item or items to w/c he does not object The heads of departments may, upon their
own initiative, with the consent of the
LEGISLATIVE INQUIRIES
President, or upon the request of either
Art 6, Sec 21 House, as the rules of each House shall
provide, appear before and be heard by
The Senate or the House of Representatives such House on any matter pertaining to
or any of its respective committees may their departments. Written questions shall
conduct inquiries in aid of legislation in be submitted to the President of the Senate
accordance with its duly published rules of
or the Speaker of the House of
procedure. The rights of persons appearing
in, or affected by, such inquiries shall be Representatives at least three days before
respected. their scheduled appearance. Interpellations
shall not be limited to written questions, but
Power of the legislative investigation may be may cover matters related thereto. When the
implied from the express power of legislation and security of the State or the public interest so
does not itself have to be expressly granted requires and the President so states in
Limit the conduct of legislative inquiries writing, the appearance shall be conducted
in executive session.
To correct these excesses, it is now provided that the
legislative inquiry must be in aid of legislation, the

1
CONSTITUTIONAL LAW 1

Enable the congress to obtain information from the  Sum authorized to be released must be
dept secretaries on the manner they are determinate or at least determinable
implementing the laws it has enacted and also on o Otherwise, the national treasurer
matters related to pending or prospective legislation.
will have no guide or worse, will
Reduce the authority of the president for fear of the have unlimited discretion in the
resurgence or authority of the President release of public funds
o Where the minimum rather than the
THE POWER OF APPROPRIATION maximum is specified – measure is
invalid for lack of certainty
Art 6, Sec 29 (1)

No money shall be paid out of the Treasury (3) CONSTITUTIONAL LIMITATIONS

except in pursuance of an appropriation
 All appropriation bills should originate in
made by law.
the HR
 Use of discretionary funds – funds were
LAW – refer to constitutional appropriations
spent for personal purposes, or at least
Funds are always needed for the support of public unnecessary or excessive public purposes to
projects the prejudice and often without even the
knowledge of the public
MONEY – motive force and lubricant of the
machinery of government Art 6, Sec 25 (6)
POWER OF PURSE – most impt prerogatives of Discretionary funds appropriated for
the Congress particular officials shall be disbursed only
for public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.

 Special appropriations
o Purpose: is to discontinue the
(1) APPROPIATION DEFINED
practice of fictitious appropriations
APPROPRIATION MEASURE – authorize the that were frequently enacted by the
release of public funds from the treasury Congress even if it knew that no
funds were available
 General – intended to provide for the
financial operations of the entire government Art 6, Sec 25 (4)
during one fiscal period
 Special – designed for a special purpose (ex A special appropriations bill shall specify
fund for the relief of typhoon victims the purpose for which it is intended, and
shall be supported by funds actually
(2) IMPLIED LIMITATIONS available as certified by the National
Treasurer, or to be raised by a
REQUIREMENTS corresponding revenue proposal therein.
 Essential to the validity of an appropriation
that it be devoted to a public purpose

1
CONSTITUTIONAL LAW 1

 General appropriations act: president knows PURPOSE: prevent the adoption of appropriations
more about the needed appropriations than sub rosa by the congress; public to ascertain the
the legislature purposes and exact amount of the outlay for the
operations of the congress and the allowances of its
members
Art 6, Sec 25 (1)
Other offices of the government : subject to public
The Congress may not increase the
hearings conducted by the legislature
appropriations recommended by the
President for the operation of the Art 6, Sec 25(5)
Government as specified in the budget. The
form, content, and manner of preparation of No law shall be passed authorizing any
the budget shall be prescribed by law. transfer of appropriations; however, the
President, the President of the Senate, the
Congress may not increase the President’s budgetary Speaker of the House of Representatives, the
recommendations; there is no prohibition against its Chief Justice of the Supreme Court, and the
reducing such recommendations heads of Constitutional Commissions may,
by law, be authorized to augment any item
Reduction is not permitted when it comes to the
in the general appropriations law for their
appropriations for the judiciary
respective offices from savings in other
BUDGET – proposal, a set of recommendations on items of their respective appropriations.
the appropriations to be made for the operations of
the government; basis for the enactment of the The provision prohibits one dept from transferring
general appropriations law, w/c is the measure that some of its funds to another dept and thereby makes
authorizes the release of public funds it beholden to the former to the detriment of the
Art 6, Sec 25(2) doctrine of separation of powers

No provision or enactment shall be Transfer of savings in one dept from one item to
embraced in the general appropriations bill another in the gen appropriations act may be allowed
unless it relates specifically to some by law. No danger to the doctrine of separation of
particular appropriation therein. Any such powers because the transfer is made within a dept
provision or enactment shall be limited in its and not from one dept to another
operation to the appropriation to which it
relates. (4) APPROPRIATIONS FOR SECRETARIAN
PURPOSES
PURPOSE: prevent “riders” or irrelevant provisions
that are included in the general appropriations bill to Whether the appropriations be general or special, it
ensure their approval must conform to the prohibition against the use of
public funds or property for sectarian purposes
Art 6, Sec 25 (3)

The procedure in approving appropriations

for the Congress shall strictly follow the
procedure for approving appropriations for Art 6, Sec 29 (2)
other departments and agencies.
No public money or property shall be
appropriated, applied, paid, or employed,

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directly or indirectly, for the use, benefit, or appropriations bill is passed by the
support of any sect, church, denomination, Congress.
sectarian institution, or system of religion,
or of any priest, preacher, minister, other General appropriations act: duration: 1 fiscal year
religious teacher, or dignitary as such,
except when such priest, preacher, minister, Old gen appropriations act is deemed continued in
or dignitary is assigned to the armed forces, operation notwithstanding the lapse of the fiscal year
or to any penal institution, or government until the Congress enacts a new gen appropriations
orphanage or leprosarium. law

PURPOSE: further bolster the principle of (6) SPECIAL FUNDS

separation of church and state and emphasize the
neutrality of the State in ecclesiastical matters Art 6, Sec 29 (3)

Applicable only where the appropriation is intended All money collected on any tax levied for a
purposely to benefit a religious institution special purpose shall be treated as a special
fund and paid out for such purpose only. If
Does not inhibit the use of public property for the purpose for which a special fund was
religious purposes when the religious character of created has been fulfilled or abandoned, the
such use is merely incidental to a temporary use balance, if any, shall be transferred to the
which is available indiscriminately to the public in general funds of the Government.
general
Limitation continues to apply even if the original
EXCEPTIONS purpose of the tax has already been fulfilled or
abandoned
Payment of public funds is prohibited to
ecclesiastics only, “as such” which means that they Whatever of the special tax collections may remain
may be paid from public funds if they serve the shall then be transferred to the gen funds of the
government in a non-ecclesiastical capacity. Thus, government
some priests who serve as members of the
Constitutional Comm were paid per diems from THE POWER OF TAXATION
public funds for services rendered by them as public
officers Inherent in the State and is generally vested in the
legislature
(5) AUTOMATIC RE-APPROPRIATION
Art 6, Sec 28 (1)
Art 6, Sec 25 (7)
The rule of taxation shall be uniform and
If, by the end of any fiscal year, the equitable. The Congress shall evolve a
Congress shall have failed to pass the progressive system of taxation.
general appropriations bill for the ensuing
fiscal year, the general appropriations law UNIFORMITY IN TAXATION – people or things
for the preceding fiscal year shall be belonging to the same class shall be taxed at the
deemed re-enacted and shall remain in same rate
force and effect until the general

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EQUALITY IN TAXATION – tax imposed to be The Congress, by a vote of two-thirds of

determined on the basis of the value of the property both Houses in joint session assembled,
voting separately, shall have the sole power
Rule of taxation shall also be equitable, tax burden to declare the existence of a state of war.
must be imposed accdg to the taxpayer’s capacity to
pay Authorize a declaration not of war but only of the
existence of a state of war
Tax system should be suited to the social conditions
of the people Suggests a war already begun or provoked by the
enemy and the existence of which we are only
Art 6, Sec 28 (3) affirming

Charitable institutions, churches and As commander in chief and diplomatic head, the
personages or convents appurtenant thereto, president may so precipitate or actually begin
mosques, non-profit cemeteries, and all hostilities that the legislature will have no choice
lands, buildings, and improvements, except, “to baptize the hostilities with the name of
actually, directly, and exclusively used for war”
religious, charitable, or educational
purposes shall be exempt from taxation. Congress becomes functus officio once it declares
the existence of a state of war. War effort become
Art 6, Sec 28 (4) the sole responsibility of the Pres and must depend
heavily on the congress for the effective exercise of
No law granting any tax exemption shall be his military powers
passed without the concurrence of a
majority of all the Members of the REFERENDUM AND INITIATIVE
Congress.
Art 6, Sec 32
Require the absolute majority of the ENTIRE
membership of the congress because a tax exemption The Congress shall, as early as possible,
represents a withholding of the power to tax and provide for a system of initiative and
consequent loss of revenue to the government referendum, and the exceptions therefrom,
whereby the people can directly propose
THE POWER OF CONCURRENCE and enact laws or approve or reject any act
or law or part thereof passed by the
Art 7, sec 19, authorizes the president to grant Congress or local legislative body after the
amnesty with the concurrence of a majority of all registration of a petition therefor signed by
members of the Congress at least ten per centum of the total number
of registered voters, of which every
Art 7, Sec 21, no treaty or international agreement legislative district must be represented by at
shall be valid and effective unless concurred in by at least three per centum of the registered
least 2/3 of all the members of the senate voters thereof.

THE WAR POWERS INITIATIVE: power of the people to propose bills

and laws and to enact or reject them at the polls;
Art 6, Sec 23 (1)

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introduce a matter of legislation either to the

legislature or directly to the voters

REFERENDUM: adopt or reject any act or measure

which has been passed by a legislative body; method
of submitting an impt legislative measure to a direct
vote of the whole people, the submission of a law
passed by the legislature for their approval or
rejection