General Principles: Meaning of Political Law

GENERAL PRINCIPLES
MEANING OF POLITICAL LAW

Branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory
CONSTITUIONAL LAW
Study of the proper balance between the power of the state, and the rights and liberty
of the people
Study of the structure and powers of the Government of the Republic of the
Philippines
Branch of public law which treats of constitutions, their nature, formation, amendment
and interpretation
SCOPE OF THE STUDY

• Constitutional Law 1 and 2
• Administrative Law
• Law of Public Officers
• Election Law
• Law on Municipal Corporations
NECESSITY OF THE STUDY

• As a law student: required subject in law school
• As a citizen: for effective active involvement in public affairs of every Filipino as
sovereignty resides in the people
BASIS OF THE STUDY

• 1935, 1973 and 1987 Constitution
• Statutes, EO, PDs and judicial decisions
• US Constitution, in relation to our Bill of Rights
• American jurisprudence, in relation to our Bill of Rights
• Current political events
1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations
− Unwritten : entirely the product of political evolution, consisting
THE PHILIPPINE CONSTITUTION largely of a mass of customs, usages and judicial decisions
together with a smaller body of statutory enactments of a
DEFINITION fundamental character
Body of rules and principles in accordance with which the powers of sovereignty are
regularly exercised • As to their amendment
− Rigid : cannot be amended or altered except by some special machinery
Written instrument enacted by which the fundamental powers of the government are more cumbrous than the ordinary legislative process
established, limited, and defined and by which their powers are distributed among the : amended by a formal and usually difficult process
several departments or branches for their safe and useful exercise for the benefit of the
people − Flexible : possess no higher legal authority than ordinary laws and which
may be altered in the same way as other laws
: can be changed by ordinary legislation
NATURE
Serves as the supreme or fundamental law The Philippine Constitution is written, conventional and rigid.
− Speaks for the entire people from whom it derives its claim to obedience
− Binding on all individual citizens and all organs of the government
− Law to which all other laws and government action must conform PROVISIONS OF THE CONSTITUTION
1. Constitution of Government: provisions on govt structure and powers
2. Constitution of Liberty: bill of rights
PURPOSE 3. Constitution of Sovereignty: amendatory and revision provisions
Establishes the basic framework and underlying principles of government
− Assign to the different departments or branches, their respective powers and
duties, and to establish certain basic principles on which government is founded CHANGING THE CONSTITUTION
− Primarily designed to preserve and protect the rights of individuals against the Amendment : refers to isolated or piecemeal change
arbitrary actions of those in authority without considering the whole document
: envisages an alteration of one or a few Pursuant to
specific and separable provisions
some
CLASSES OF CONSTITUTION procedural
• As to their origin and history Revision : revamp or rewriting of the whole instrument provision of
Conventional or enacted : enacted by a constituent assembly, etc. : re-examination of the entire document, or of
− the
: formally struck off at a definite time and place provisions of the document which have over-
constitution
following a conscious effort taken by a constituent all implications for the entire document, to
body determine how and to what extent they
should be altered
− Cumulative or evolved : product of growth or a long period of
Revolution : action not pursuant to any provision of the constitution
development originating in customs, traditions,
: not unconstitutional but extra-constitutional
judicial decisions, rather than from a deliberate
and formal enactment
: result of political evolution, changing by accretion
PROCEDURE OF AMENDING THE CONSTITUTION
rather than by any systematic method
Importance of the amending procedure:
− Mechanism for responding to changing conditions
• As to their form
− A safety valve against resort to revolution
− Written : given definite written form at a particular time, usually
by a specially constituted authority
1987 A17 S1 Any amendment to, or revision of, this Constitution may be proposed
: codified or embodied in one document or set of
by:
documents
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
1987 A17 S2 Amendments to this Constitution may likewise be directly proposed by People’s Initiative
the people through initiative upon a petition of at least twelve per − Exercise of the people’s power as the sovereign
centum of the total number of registered voters, of which every − Mode that by-passes congressional action; in the last analysis, it still depends on
legislative district must be represented by at least three per centum of congressional action because of the needed enabling law
the registered voters therein. No amendment under this section shall − Requirements:
be authorized within five years following the ratification of this 1. Petition
Constitution nor oftener than once every five years thereafter. 2. “directly proposed”: full text attached to the petition signed
3. National level: 12% of registered voters
The Congress shall provide for the implementation of the exercise of District level: 3% of registered voters
this right. 4. Enabling law
5. Once every 5 years
1987 A17 S3 The Congress may, by a vote of two-thirds of all its Members, call a 6. Amendment, not revision
constitutional convention, or by a majority vote of all its Members, 7. Signature is by the person indicated
submit to the electorate the question of calling such a convention.
1987 A17 S4 Any amendment to, or revision of, this Constitution under Section 1 STEP 2: RATIFICATION
hereof shall be valid when ratified by a majority of the votes cast in a − The direct approval by the people of the amendment to, or revision of, the
plebiscite which shall be held not earlier than sixty days nor later than Constitution
ninety days after the approval of such amendment or revision. − Upholds 1987 A2 S1 which states that sovereignty resides in the people
Any amendment under Section 2 hereof shall be valid when ratified by
a majority of the votes cast in a plebiscite which shall be held not CONSTITUENT CONSTITUTIONAL
PEOPLE’S INITIATIVE
ASSEMBLY CONVENTION
earlier than sixty days nor later than ninety days after the certification
by the Commission on Elections of the sufficiency of the petition. 1. PROPOSAL
Changes Revisions and amendments Amendments
STEP 1: PROPOSAL Agent Congress Group of elected delegates The People
Congress/Constituent Assembly
Majority of all National: 12% of
− Will formulate the amendments like normal legislation but will require more votes: ¾ of all Congress
2/3 of all
congress registered voters
¾ of all its members # of votes Congress
members—to members—to
required members—
− May be in joint session (making the amendments at the same time but voting pass A or R put into a District: 3% of
to call
separately) or through the normal legislative process (one house to initiate then plebiscite registered voters
to submit to the other house)
Constitutional Convention 2. RATIFICATION

− Body assembled for the express purpose of framing a Constitution, or revising # of votes
the existing Constitution, or formulating amendments to it for the approval of the Majority of the votes cast in a plebiscite
required
electorate
− Members have to be elected by qualified voters since they are the direct After the certification of
Starting point
the COMELEC of the
representatives of the people in drafting the Constitution of waiting After the approval of such amendment or revision
sufficiency of the
− Called upon by Congress time
petition
• Congress by 2/3 votes of all its members
Waiting
• Congress by majority vote of all its members to submit to the electorate the 60 days ≤ x ≥ 90 days
period
question of calling such convention
− 3 theories on the relative position of the ConCon to other departments: General: the day the votes are cast
Effectivity
• Theory of Conventional Sovereignty: ConCon supreme over other Exception: when the amendment states otherwise
departments because the powers it exercises are in the nature of sovereign
powers
• ConCon inferior because it is merely a creation of the legislature
• ConCon independent and coequal—observed in the Philippines
JUDICIAL REVIEW OF AMENDMENTS
The question of the validity of the adoption of amendments to the Constitution is subject to
judicial review. The present doctrine allows the courts to inquire into whether or not the
prescribed procedure for amendment has been observed.
− Substance: generally not subject to judicial review
− Manner: subject to judicial review since it is based on the Constitution
CONSTITUTIONAL HISTORY
1935, 1971 AND 1987 CONSTITUTIONS De Leon
2. TERRITORY
THE CONCEPT OF THE STATE − Fixed portion of the surface of the earth inhabited by the people of the State
− 1987 A1: The national territory comprises the Philippine archipelago, with all
DEFINITION the islands and waters embraced therein, and all other territories over which
Community of person, more or less numerous, permanently occupying a fixed the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
territory, and possessed of an independent government organized for political ends to fluvial and aerial domains, including its territorial sea, the seabed, the
which the great body of inhabitants render habitual obedience subsoil, the insular shelves, and other submarine areas. The waters around,
− Legal concept (as compared to nation) between, and connecting the islands of the archipelago, regardless of their
− The principal (as compared to government) breadth and dimensions, form part of the internal waters of the Philippines.
Nation : usually used interchangeably with sate but actually have different − Philippine national territory includes the following:
connotations • the Philippine archipelago, with all the islands and waters embraced
: indicates relation of birth or origin and implies a common race, therein;
usually characterized by community of language and customs
: racial/ethnic concept Archipelago : cluster of islands forming a territorial unity or a unit of
water studded with islands
Government : only an element of the State : group of islands, including parts of islands,
: merely the State’s agent interconnecting waters and other natural features which
: externalizes the State and articulates its will are so closely interrelated that such islands, waters and
other natural features form an intrinsic geographical,
Nation State Government Administration economic and political entity, or which historically have
Racial/ethnic been regarded as such (UNCLOS)
Legal concept
concept
Exists only in Embodiment of the • all other territories over which the Philippines has sovereignty or
contemplation of law State jurisdiction consisting of terrestrial, fluvial and aerial domains;
Group of persons − Treaty of Paris territory
Institution/position/office
currently elected − US-Spain treaty (Nov 1900), specifically the islands of
Cagayan, Sulu and Sibuto
ELEMENTS − US-Great Britain treaty (Jan 1930), specifically the Turtle and
2 other elements some writers consider: (1) recognition; and (2) possession of a Mangsee islands
sufficient degree of civilization—which are not taken into consideration because they − 1935 Constitution, island of Batanes
are too subjective − 1973 Constitution, those contemplated in the phrase
“belonging to the Philippines by historic right or legal title”
1. PEOPLE
− Inhabitants of the state Terrestrial domain : the land mass
− No legal requirement Maritime and fluvial domain : the inland (fluvial), internal and
− Must be numerous enough to be self-sufficing and to defend external waters (maritime)
themselves, and small enough to be easily administered and sustained Aerial domain : the air space above the land and
− Must come from both sexes to be able to perpetuate themselves waters
− More comprehensive but less cohesive than a nation : extends only until where outer
− An amorphous group of individuals inhabiting the same territory, the space begins
people may develop and share certain characteristics and interests,
such as a common language, a common religion, and a common set of * Equivalent to “all other territories belonging to the Philippines by
customs and traditions that will unite them into the more closely-knit historic right or legal title”; No abandonment of fight for Sabah, etc.
entity known as nation * “All other territories” was a catchall phrase to cover areas linked to
the Philippines with varying degrees of certainty and firmness
• the territorial sea, the seabed, the subsoil, and insular shelves and
other submarine areas; and
Baseline : acquired through the straight baseline method, under

which instead of the baseline following the sinuosities of
the coast (as per the normal baseline method), it is
drawn as straight lines connecting appropriate points on
the coast, without departing to any appreciable extent
from the general direction of the coast
: starting point for measuring the maritime territory of a
coastal state.
: Defined by RA 3046 and 5446
Territorial seas : defined by the Jamaica Convention on the

Law of the Sea
: consist of a marginal belt of maritime waters
adjacent to the baselines extending 12
nautical miles outward
: subject to the right of innocent passage by
other states, or the passage not prejudicial to
the interests of the coastal state nor contrary
to recognized principles of international law
Seabed : the land that holds the sea, lying beyond the seashore,
including mineral and natural resources. It is at the top
portion of the submarine area.
Subsoil : everything beneath the surface soil and the seabed

including mineral and natural resources.
Insular Shelves : the submerged portions of a continent or

offshore island, which slope gently seaward
from the low waterline to a point where a
substantial break in grade occurs, at which
point the bottom slopes seaward at
a considerable increase in slope until the
great ocean depths are reached
: This is the seabed and subsoil of the
submarine areas adjacent to the coastal state
but outside the territorial sea. The continental
shelf extends 200 nautical miles, and in some
cases may extend up to 350 miles, following
the natural prolongation of the soil.
Other submarine areas: refers to those which are under the territorial
sea. They are otherwise referred to as
seamount, trough, trench, deep, bank, shoal,
and reef.
• the waters around, between, and connecting the islands of the Functions
archipelago, regardless of their breadth and dimensions, form part of Constituent fxn : constitute the very bonds of society and are therefore
the internal waters of the Philippines. compulsory.
: exercised as attributes of sovereignty
Internal waters : Waters of the sea landwards from the − Keeping of order and providing protection
baselines − Fixing the legal relations between husband and wife, and between
parents and children
Inland water : bays, rivers, streams; bodies of water located − Regulation of the holding, transmission and interchange of
in the terrestrial domain property, and the determination of its liabilities for debt or for
crime
Archipelagic waters : areas in the internal waters which had not − Determination of contractual rights between individuals
previously been considered as such − Definition and punishment of crimes
− Administration of justice in civil cases
General : no right of passage in internal and inland waters − Administration of political duties, privileges and relations of
Exception: archipelagic waters citizens
− Dealings with foreign powers, the preservation from external
Archipelagic principle: connect the outermost points of the danger, and the advancement of its international interests
archipelago with straight baselines and
consider all the waters enclose thereby as Ministrant fxn : undertaken to advance the general interests of society,
internal waters such as public works, public charity, and regulation of
trade and industry
3. GOVERNMENT : merely optional
− the agency or instrumentality through which the will of the state is : distinguishes paternalistic from individualistic
formulated, expressed and realized government
− 1987 A2 S1: The Philippines is a democratic and republican State. : principles for determining whether or not a government
Sovereignty resides in the people and all government shall exercise these optional functions:
authority emanates from them. − Private capital would not naturally undertake
− Within the sphere of its agency, it is a perfect representative of the − Government is better equipped to administer for
state, but outside of that it is a lawless usurpation the public welfare than any private individual or
− Whatever good is done by the government is attributed to the state but group
every harm inflicted on the people is imputed not to the state but to the
government alone 1987 A2 S10 : The State shall promote social justice in all phases of
− Direct state action is the replacement of the government by revolution, national development.
theoretically at the behest of the state − Distinction between constituent and ministrant fxns blurred
because of the repudiation of the laissez faire policy in the
Government of the Philippines Constitution
1987 Adm. Code S2 P1: Government of the Republic of the − Functions, while traditionally regarded as merely ministrant and
Philippines refers to the corporate optional, have been made compulsory by the constitution
governmental entity through which the
functions of government are exercised Doctrine of Parens Patriae
throughout the Philippines, including, save as − Guardian of the rights of the people
the contrary appears from the context, the
− Inherent in the supreme power of every State, and has no affinity
various arms through which political authority
to those arbitrary powers which are sometimes exerted by
is made effective in the Philippines, whether
irresponsible monarchs to the great detriment of the people and
pertaining to the autonomous regions, the
the destruction of their liberties
provincial, city, municipal or barangay
− Right of the government to file the case for the State as a parens
subdivisions or other forms of local
patriae in representation of the legitimate claimants
government.
− Does not include GOCCs engaged in proprietary functions
De Jure and De Facto Government During belligerent occupation: sovereignty not suspended or abrogated
De jure government : has rightful title but no power or control, or changed although acts of sovereignty
either because this bas been withdrawn from cannot be exercised by the legitimate
it or because it has not yet actually entered authority
into the exercise thereof : only suspension of political laws, subject to
revival upon the end of the occupation
De facto government : government of fact that actually exercises (principle of postliminy)
power or control but without legal title : municipal laws continue in effect
− Internally instituted: the government that gets possession and
control of, or usurps, by force or by the voice of the majority, the • suspension of political laws affects only civilian inhabitants,
rightful legal government and maintains itself against the will of member of the Armed Forces continue to be covered by the
the latter (de facto proper) National Defense Act, Articles of War and other relevant
− Internally instituted: the government established independently by laws
the inhabitants of a country who rise against the parent state • political laws suspended except that on treason
(insurrection) • judicial decisions which are not political in color are valid
− Externally instituted: the government established and maintained
by military forces who invade and occupy a territory of the enemy During change of sovereignty: political laws are abrogated
in the course of war (government of paramount force) : municipal laws continue in effect
• Existence is maintained by active military power within the
territories, and against the rightful authority of an established
and lawful government PHILIPPINES AS A STATE
• Must necessarily be obeyed in civil matters by private
citizens who, by acts of obedience rendered in submission to
such force, do not become responsible, as wrongdoers, for ACTS OF STATE
those acts, though not warranted by the laws of the rightful Act done by the political departments of the government and not subject to judicial
government review
Administration
− Is the group of persons in whose hands the reins of government
are for the time being
− Runs the government, as a machinist operates a machine
− Transitional (as government is permanent)
4. SOVEREIGNTY
− Supreme and uncontrollable power inherent in a state by which that
state is governed
− Permanent, exclusive, comprehensive, absolute, indivisible,
inalienable, and imprescriptible
Legal Sovereignty : authority which has the power to issue final commands
: Congress
Political Sovereignty: power behind the legal sovereign, or the sum

of the influences that operate upon it
: different sectors that mold public opinion
Internal Sovereignty : power of the state to control its domestic

affairs
External Sovereignty : the power of the state to direct its relations

with other states
: also known as independence
FORMS OF CONSENT
THE DOCTRINE OF STATE IMMUNITY Express consent : may be manifested either through a general law or a special law
: must be embodied in a duly enacted statute and may not be given
1987 A16 S3 The State may not be sued without its consent. by mere counsel of the government
Act No. 3083 : consents to be sued on liability arising from contracts

BASED ON THE VERY ESSENCE OF SOVEREIGNTY CA No. 327 : claims against the government must first be filed with the
Principle of the sovereign equality of states: merely a recognition of the sovereign Commission on Audit, which must act upon it within 60 days.
character of the State and an express affirmation of the unwritten rule insulating it from Rejection of the claim will authorize the claimant to elevate the
the jurisdiction of the its courts of justice and those of other states matter to the SC on certiorari and in effect sue the State with its
consent
Manifestation of republican government: sovereignty resides in the people. When
people sue the government, they are in effect attempting to sue themselves along with Implied consent : given when the state itself commences litigation or when it enters
the rest of the people represented by their common government into a contract
Justice Holmes: based not on “any formal conception or obsolete theory but on the Commences litigation : the State must be asking for affirmative relief
logical and practical ground that there can be no legal right against the authority which
makes the law on which the right depends” Enter into a contract : contract must be entered into in its
proprietary function (jure gestionis, not jure
imperii)
BASED ON REASONS OF PUBLIC POLICY
Practicality: Demands and inconveniences of litigation will divert the time and
resources of the state from the more pressing matters demanding its attention to the SUITS AGAINST GOVERNMENT AGENCIES
prejudice of the public welfare Filed not against the government itself or its officials but against one of its entities
Incorporated agency : Created by a charter that gives them a separate

APPLICATION juridical entity “to sue and be sued”
Suit against the state : the decision rendered against the public officer : Ex: GOCCs, SSS, UP, cities or municipalities
impleaded will require an affirmative act from the state,
: complaint will be dismissed Suable : charter says so, regardless whether acting in
government or proprietary function
• Suits directly against the Republic of the Philippines Not suable : charter says not suable
• The state is the real party in interest
• The claim will be a direct liability of the state Unincorporated agency : has no separate juridical personality but is merged in
the general machinery of the government
• Claim that will require an affirmative action in the form of an appropriation
: Ex: DOJ, Bureau of Mines, Government Printing Office,
• Claim that will require the affirmative performance of some asserted
obligation from the state in its political capacity
Suable : acting in proprietary function
• Claim for damages for injuries
Not suable : acting in governmental function, even with incidental
• Claims for just compensation for the taking of private property under the proprietary enterprises
power of the state on eminent domain
Not a suit against the state: EXEMPTION FORM LEGAL REQUIREMENTS

• An appropriation had already been made by the government When the state litigates, either directly or through its authorized officers, the following
• The officer impleaded may by himself alone comply with the decision of the do not apply:
court without the necessity of involving the State − Bond for damages
• Against a public officer who acted without or in excess of jurisdiction, any − Appeal bond
injury caused by him is his own personal liability and cannot be imputed to − Legal fees
the State − Interest (unless otherwise stated by the statute or in eminent domain cases)
− Statutes of limitation
WAIVER OF IMMUNITY
GENERAL : The state cannot be sued.
EXCEPTION : The state consents to being sued.
SUABLE ≠ LIABLE
− When the state allows itself to be sued, all it does in effect is to give the other BUGAYONG NOTES
party an opportunity to prove that the State is liable
− The consent of the state to be sued does not mean that it concedes its liability WAYS OF SUING THE STATE
1. Direct suit against the state: ______ v. Republic of the Philippines
Municipal Corporations
Liable : acting in proprietary function
Not liable : acting in governmental function 2. Indirect suit against the state
______ v. Public Officer

CONSENT TO EXECUTE JUDGMENT • When they are acting in the discharge of
− When the state gives it consent to be sued, it does not thereby also consent to their official functions; within their jurisdiction
the execution of the judgment against it Test:
− Such execution will require another waiver, lacking which the decision cannot be When the
enforced ______ v. Government agency judgment against
− Limit the claimant’s action only up to the completion of proceedings anterior to • Against incorporated agency such officials will
the stage of execution, and that the power of courts ends when the judgment is − When its charter does not allow it to require the state
rendered, since government funds and properties may not be seized under writs sue and be sued itself to perform an
if execution or garnishment to satisfy such judgments, is based on obvious affirmative act to
considerations of public policy • Against unincorporated agency satisfy the same
− When its primary function is
governmental
EXCEPTIONS TO STATE IMMUNITY

When the petitioner is actually suing the state, but immunity does not lie and consent
is not needed:
1. Compelling a public officer to do an obligation
2. Prohibiting a public officer from enforcing an unconstitutional law
3. Compelling the national treasurer to pay damages from an already
appropriated fund
4. Compelling a public officer to refund tax overpayments from a fund already
available for the purpose
5. Compelling a public officer to comply with a judgment that he may satisfy
himself without the government itself having to do a positive act to assist
him
6. Government violated its own laws/injustice is perpetrated
CONSENT TO SUIT/WAIVER OF IMMUNITY

Express consent : permission is given to be sued
• General statute (Act 3083; CA 327)
• Special statute (Charter of a municipality; ex: Merritt)
Implied waiver : abandonment of right to invoke immunity

• Entering into a business contract
• Commencing litigation asking for affirmative relief
• Intervening in a case to plead immunity
LIABILITY OF THE STATE
Test : when judgment has been rendered finding the government at fault
: when the application of the law on the facts shows that the government is at
fault
− Another consent from the state is required

− 1987 A6 S29 P1: No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
o Prevents the courts from garnishing on the funds of the
government
o So as to not affect the public functions of the government
Renovation : public functionaries serve for a limited period only and
FUNDAMENTAL PRINCIPLES & STATE POLICIES they are replaced or retained at the option of their
principal, the people
Intended to lay down rules underlying our system of government and must therefore
be adhered to in the conduct of public affairs and the resolution of public issues • The Philippine Republic is characterized by the following:
G – overnment of law and not of men
Purpose is to emphasize and articulate more unequivocally the objectives and R – ule of majority
limitations of governmental action in pursuit of the general goals announced in the A – ccountability of public officers
Preamble B – ill of rights
E – lections
Principles : binding rules which must be observed in the conduct of
government S – eparation of powers
Policies : guidelines for the orientation of the state B – lending of powers
C – hecks and balances
* Difference between the two is irrelevant in our Constitution /
D – elegation of powers
PREAMBLE
− Written in the first person to deepen the sense of involvement and participation of THE INCORPORATION CLAUSE
the individual citizens, who made the constitution 1987 A2 S2 The Philippines renounces war as an instrument of national
− Not considered a source of power or substantive right policy, adopts the generally accepted principles of international
− Purpose: law as part of the law of the land and adheres to the policy of
o To introduce the Constitution peace, equality, justice, freedom, cooperation, and amity with all
o To manifest the sovereign will of the Filipino people nations.
o To indicate the authors
o To enumerate the primary aims aspirations of the framers S7 The State shall pursue an independent foreign policy. In its
o Useful as an aid in the construction and interpretation of the Constitution relations with other states, the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the
right to self-determination.
REPUBLICANISM
1987 A2 S1 The Philippines is a democratic and republican State. Sovereignty S8 The Philippines, consistent with the national interest, adopts and
resides in the people and all government authority emanates from pursues a policy of freedom from nuclear weapons in its territory.
them.
− Establishes the democratic and representative nature of our government R – enunciation clause
and proclaims hostility to autocratic or totalitarian regimes
− Affirms that every citizen is an individual repository of sovereignty, and as • Renunciation of war (S5)
the origin and the restriction of all government authority − aside from a national policy, is also an international principle expressed in
the UN Charter
“Democratic” : pertains to representative democracy with some aspect of direct − inspired by the Kellogg-Briand Pact
democracy through the people’s initiative clause − Renounces: aggressive wars
: kind of government where the people participate in the functioning − Does not renounce: defensive wars
of the same o Very essence of sovereignty
o Duty of government and its people
“Republic”: a representative government run by and for the people o supported by A6 S23 P1 which empowers the Congress to
: where sovereignty resides in the people and where all declare not a war but the existence of a state of war
government authority emanates from the people presumably commenced or provoked by the enemy state
: a responsible government
: essence is representation and renovation • Renunciation of nuclear weapons (S7)
− Refers to nuclear arms and not those utilized for peaceful purposes
Representation : public functionaries derive their mandate from the − Not absolute; deviation must be justified by national interest
people who selected them and as such act in their
behalf
I – corporation clause : recognizes the dualist view of legal systems: int’l and DEFENSE OF THE STATE
municipal 1987 A2 S4 The prime duty of the Government is to serve and protect the
: by reason of states’ membership in the family of nations people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
Doctrine of incorporation: under conditions provided by law, to render personal, military or
− principles of international law are considered automatically part of its civil service.
own laws
− need not be converted into a statutory enactment or signed into by the S5 The maintenance of peace and order, the protection of life, liberty,
Philippines and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
Doctrine of transformation:
− International law can become part of municipal law only if it is
transformed into domestic law through the appropriate constitutional “Duty to serve and protect” : implicit in a welfare state which the Constitution is
machinery establishing
: supported by A2 S5
Principles of international law
− Customary laws and treatises which have become part of customary “May call upon the people” : the state’s primary duty to serve and protect the people
law is not handed back to the people in this provision; what
− Ultimately left to the courts to identify it is merely establishing is that the state may ask for the
help of the people in return for the service and
Pacta sunt servanda protection it has rendered before
− “agreements must be kept” : based on the inherent right of every State to existence
− it is not for this country to repudiate a commitment to which it had and self-preservation
pledged its word : based on the duty to defend the state and the life,
liberty and property of its citizens
1
Int’l law v. Municipal law: : supported by A16 S4 and CA No. 1 (the National
1. Try to reconcile Defense Act)
2. If irreconcilable, municipal law prevails because of
Compulsory military service : does not violate the Constitution but is
• Police power
actually a compliance therewith
• Separation of powers
: imposed upon all citizens
• Rule-making powers : must be personal
: may either be military or civil service
A – dherence clause : National interest first (S7 & 8), then equality, peace, freedom
and justice (S2)
SEPARATION OF CHURCH AND STATE
1987 A2 S6 The separation of Church and State shall be inviolable.
SUPREMACY OF CIVILIAN AUTHORITY
− To delineate the boundaries between the two institutions and thus avoid
1987 A2 S3 Civilian authority is, at all times, supreme over the military. The
encroachments by one against the other
Armed Forces of the Philippines is the protector of the people and
State: cannot interfere in purely ecclesiastical affair
the State. Its goal is to secure the sovereignty of the State and the
Church: cannot meddle in purely secular matters
integrity of the national territory.
− Not a wall of hostility; state recognizes religion
− Supported by A7 S18 which makes the President, a civilian official, the
o Mentioned “Divine Providence” in preamble
commander-in-chief of all the armed forces of the Philippines
o Exempted from taxation
− “Protector of the people and the state”: meant to act as corrective of the o Not precluded from sectarian aid
military abuses before o Allowed optional religious instruction
− “To secure the sovereignty of the state”: protection of the sovereignty of the o Legal holidays
people justifies the exercise of political power of the military when civilian o Punishes polygamy and bigamy
authority has lost its legitimacy o Punishes crimes against religion
− “Civilian supremacy”: not really about the supremacy of elected officers but
the people as the sovereign
1
1987 A16 S4: The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall keep a regular
force necessary for the security of the state.
− Rationale: union between the two tends to destroy the government and to S13 The State recognizes the vital role of the youth in nation building
degrade religion; may also lead to conspiracy against the individual’s right to and shall promote and protect their physical, moral, spiritual,
worship intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in
public and civic affairs.
SOCIAL JUSTICE
1987 A2 S9 The State shall promote a just and dynamic social order that will “Family as a basic : kindred ties are especially close in the Phils that is why the
ensure the prosperity and independence of the nation and free autonomous social family is an important factor in the enhancement of the
the people from poverty through policies that provide adequate institution” nation
social services, promote full employment, a rising standard of : positively: enjoins the state to strengthen the family
living, and an improved quality of life for all. negatively: prohibits the state from adopting measures which
impair the solidarity of the Filipino family
S10 The State shall promote social justice in all phases of national : autonomy is respected that the family is not the creature nor
development. the instrument of the state
: supported by A15 devoted to the family
S11 The State values the dignity of every human person and : recognition of sanctity does not preclude divorce which is left
guarantees full respect for human rights. for the legislature to allow in its discretion
S18 The State affirms labor as a primary social economic force. It shall “Equally protect the : seems to be a policy against abortion
protect the rights of workers and promote their welfare. life of the mother and : must take the equal protection due to the mother into
the life of the unborn consideration
S21 The State shall promote comprehensive rural development and from conception”
agrarian reform.
“Natural and primary : supplemented by the government not through interference
− To give those with less privileges in life more privileges in law
right and duty of but through the regulation and supervision of schools
− Further supported by A13 on Social Justice and Human Rights parents” : to promote children’s civic efficiency and moral character
− When the law is clear, it is to be applied. When it is not, it must be construed development (S12) and their physical, moral, spiritual,
in favor of social justice intellectual and social well being (S13)
: supported by A14, S1 which pertains to quality education at
Social justice : “neither communism, nor despotism, nor atomism, nor anarchy,” all levels to be accessible to all
but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. WOMEN
: means the promotion of the welfare of all the people, the adoption 1987 A2 S14 The State recognizes the role of women in nation-building, and
by the Government of measures calculated to insure economic shall ensure the fundamental equality before the law of women
stability of all the competent elements of society, through the and men.
maintenance of a proper economic and social equilibrium in the − No intent to advocate absolute sameness because there are obvious
interrelations of the members of the community, constitutionally, biological differences between men and women; only pertains to equality
through the adoption of measures legally justifiable, or extra- “before the LAW”
constitutionally, through the exercise of powers underlying the
− Supported by A13 on women
existence of all governments on the time-honored principle of
salus populi est suprema lex.
MISCELLANEOUS
1987 A2 S15 The State shall protect and promote the right to health of the
REARING OF THE YOUTH
people and instill health consciousness among them.
1987 A2 S12 The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social
S16 The State shall protect and advance the right of the people to a
institution. It shall equally protect the life of the mother and the life
balanced and healthful ecology in accord with the rhythm and
of the unborn from conception. The natural and primary right and
harmony of nature.
duty of parents in the rearing of the youth for civic efficiency and
the development of moral character shall receive the support of
S17 The State shall give priority to education, science and technology,
the Government.
arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation
and development.
S22 The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
S23 The State shall encourage non-governmental, community-based,

or sectoral organizations that promote the welfare of the nation.
S24 The State recognizes the vital role of communication and

information in nation- building.
S28 Subject to reasonable conditions prescribed by law, the State

adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
ECONOMY
1987 A2 S19 The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
S20 The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments.
S21 The State shall promote comprehensive rural development and

agrarian reform.
− Represent the two pillars of the economic policy of the Constitution: (1)
independent and nationalist, and (2) the private sector as indispensible
engine.
LOCAL AUTONOMY
1987 A2 S25 The State shall ensure the autonomy of local governments.
− Supported by A10 on the Local Government
− Because municipal corporations are the small republics from which the
great one derives its strength
− Because such will develop a deepened sense of involvement among the
people that will encourage them to participate more actively in the direction
of public affairs
PUBLIC SERVICE
1987 A2 S26 The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.
− Though speaks in terms of service, really meant democratizing political
power
− Respects the freedom of the electorate to decide so the meaning of political
dynasties has been left for Congress to define
1987 A2 S27 The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft
and corruption.
CHECKS AND BALANCES
SEPARATION OF POWERS − In which one department is allowed to resist encroachments upon its
prerogatives or to rectify mistakes or excesses committed by the other
1973 Constitution : establishment of a semi-parliamentary government made the departments
legislature subordinate in many respects to the President − Makes the doctrine of separation of powers especially workable
− The ends of government are better achieved through the exercise by its agencies
1987 Constitution : restored the doctrine of separation of powers with some of only the powers assigned to them, subject to reversal in proper cases by those
modifications constitutional authorized
Maintained: 3 Departments BLENDING OF POWERS CHECKS AND BALANCES

3 Constitution Commissions
Sharing of the powers Checking of the powers
Created : Other independent bodies
Ex: Power over the creation of the
Judicial and Bar Council
General Appropriations Law is shared by Ex: Power in creating laws is in the
the Executive (when it proposes the Legislature but the Executive can veto
Strengthened : Judiciary
budget) and the Legislature (when it the same as a check
Legislature
enacts the budget into law)
Weakened : Executive
THE ROLE OF THE JUDICIARY
Restored : Commission on Appointments − Checks and balances safeguarded by the Judiciary
HR/SET − Sees to it that the constitutional distribution of powers among the several
departments of the government is respected and observed
OBSERVED IN THE PHILIPPINES BECAUSE: − Does not mean that that the judiciary is superior; not upholding its own
− Characteristic of republicanism supremacy but that of the Constitution
− The major powers of government are actually distributed by the Constitution
among the several departments WHAT ARE TO BE CONSIDERED BY THE COURTS:
− 1987 A6 S13: no member of Congress may hold any other office or employment 1. IS THE POWER CONSTITUTIONALLY CONFERRED?
in the government during his term without forfeiting his seat − 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
LEGISLATURE : enacts laws legally demandable and enforceable, and to determine
EXECUTIVE : enforces laws whether or not there has been a grave abuse of
JUDICIARY : applies laws discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
PURPOSES − Conferment can either be:
• Prevent concentration of authority in one person or group of persons that might • Expressly conferred : the Constitution so provides
lead to an irreversible error or abuse in its exercise to the detriment of our
republican institutions • Inferred from statute : the doctrine of implication states that the
• Intended to secure action, forestall over action, to prevent despotism and to grant of an express power carries with it all
obtain efficiency other powers that may be reasonably inferred
from it
: power must first be conferred before anything
BLENDING OF POWERS can be inferred from the statute
− Interdependence, not independence : Ex: power to promulgate rules to perform the
− It is not in the public interest for them to deal with each other at arms’ length or Constitutionally mandated duty; power to
with a hostile jealousy of their respective rights as this might result in frustration punish contempt
of the common objectives of the government
− Powers are not confined exclusively within one department but are in fact • Power inherent : though the power is not expressly conferred
assigned to or shared by several departments and thus cannot be inferred, the power is still
− There is difficulty in classifying them as definitely legislative, executive or judicial deemed to reside in the department
− It is necessary for certain powers to be reposed in more than one department so : Ex: Power of the President to deport an alien
that they may better collaborate with, and in the process, check, each other for as an “act of State”
the public good − If not conferred, then act is unconstitutional
2. IF CONFERRED, WAS IT PERFORMED IN ACCORDANCE WITH THE RULES
IN THE CONSTITUTION?
− 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
− If power conferred was not performed in accordance with rules of the
Constitution, then act is unconstitutional
− Usually considered a political question, but now that it is enshrined in the
Constitution, the judiciary is allowed to decide cases like this
− Blurs the lines of just where the courts should stop
JUSTICIABLE AND POLITICAL QUESTIONS
Justiciable questions : implies a given right, legally demandable and

enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law, for said
breach of right
Political questions : a question of policy

: refers to those questions which, under the constitution,
are (1) to be decided by the people in their sovereign
capacity; or in regard (2) to which full discretionary
authority has been delegated to the legislative or
executive branch of the government
: concerned with issues dependent upon the wisdom, not
legality of a particular measure
: still in existence even with the inclusion of the Grave
Abuse of Discretion clause in the Constitution
indecisiveness inherent in lawmaking. During war and national emergency,
DELEGATION OF POWERS problems must be solved within the shortest possible time
− President becomes a constitutional dictator only in effect. But in theory,
GENERAL : POWERS CANNOT BE DELEGATED there is no total abdication of legislative authority because the president is
− Potestas delegata non delegari potest or what has been delegated cannot be still subject to certain restriction and requirements imposed by the
delegated legislature as their agent and not as replacement.
− The powers of the departments were only delegated to them, as representatives, − Not automatically conferred upon the President by the mere presence of an
by the people. This delegated power constitutes not only a right but a duty to be emergency
performed by the delegate through the instrumentality of his own judgment and − Neither is Congress required to confer the emergency power to the
not through the intervening mind of another President; discretionary on their part
− Further delegation is then a negation of this duty, a violation of the trust reposed
in the delegate mandated to discharge it directly
CONDITIONS IN CONFERRING THE EMERGENCY POWER:
A. There must be war or other national emergency
X ! Y ! Z − May include rebellion, economic crisis, pestilence or epidemic,
people government anyone typhoon, flood or other similar catastrophe of nation-wide proportions
or effect
− Determination of presence must be based on effect
EXCEPTION : PERMISSIBLE DELEGATION/PERMITTED BY THE CONSTITUTION
− Especially important in the case of the legislative power because of the many B. The delegation must be for a limited period only
instances when its delegation is permitted − Self-liquidating in the sense that the power will automatically cease
− Rational for permitted delegation: upon the end of the emergency that justified their delegation
o The increasing complexity of the task of government and the growing − May even be sooner withdrawn
inability of the legislature to cope directly with the many problems − Intended to mean restrictive in duration
demanding its attention − Means that no new legislation is necessary to revoke the power
o To relieve the congress of many problems that are better left to be because it is supposed to end on its own; to require a separate
resolved by more capable entities and at the same time enable it to legislation would mean that the power is unlimited and uncertain until
tackle the more serious difficulties requiring its direct and immediate stopped by the legislature
attention
− Delegation is not a transfer of power C. The delegation must be subject to such restrictions as the Congress may
prescribe
1. TARIFF POWERS
− 1987 A6 S28 P2 : The Congress may, by law, authorize the President to D. The emergency powers must be exercised to carry out a national policy
fix within specified limits, and subject to such limitations declared by the Congress
and restrictions as it may impose, tariff rates, import − Acts must be necessary and proper for the purpose of carrying out a
and export quotas, tonnage and wharfage dues, and national policy declared not by him but the legislature
other duties or imposts within the framework of the
national development program of the Government. 3. DELEGATION TO THE PEOPLE
− Rationale: the necessity and expediency of giving the chief executive the − Cooley: power can no longer be delegated back to the people because they
authority to act immediately on certain matters affecting the national have already voluntarily surrendered these powers to the government when
economy lest delay result in hardship to the people they adopted the Constitution. To delegate back to the people is an
− Delegation of the Tariff and Customs Code abdication of their law-making power
− Not really a delegation because the power is already reserved to the people
2. EMERGENCY POWERS via Article 17
− 1987 A6 S23 P2 : In times of war or other national emergency, the
Congress may, by law, authorize the President, for a Referendum : method of submitting an important legislative measure to a direct
limited period and subject to such restrictions as it may vote of the whole people
prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner Plebiscite : same as referendum but the questions submitted are intended to
withdrawn by resolution of the Congress, such powers work more permanent changes in the political structure, like a
shall cease upon the next adjournment thereof. proposal to amend the constitution
− Rationale: during war or national emergency, it will be hard for the
legislature to convene or even form a quorum. There is also the delay and
4. DELEGATION TO LOCAL GOVERNMENT UNITS THE SUFFICIENT STANDARD TEST (How to do it)
− Rationale: local legislatures are more knowledgeable than the national − The law delegating power must contain a sufficient standard that maps out the
lawmaking body on matters of purely local concern and are therefore in a boundaries of the delegate’s authority by defining the legislative policy and
better position to enact the necessary and appropriate legislation thereon indicating the circumstances under which it is to be pursued and effected
− Local governments are not states within states; laws or ordinances − The law delegating power must set forth the limits which are sufficiently
promulgated by them must never be bigger in scope than laws passed by determinate or determinable—to which the delegate must conform in the
Congress performance of his functions
− Without which the courts have no means of determining, with reasonable
Delegated by the Constitution: power of taxation (1987 A10 S5) certainty, whether the delegate has acted within or beyond the scope of his
authority
Delegated by Congress: eminent domain; police power (LGC) − To prevent the total transference of legislative power
− Can be inferred from
5. DELEGATION OF ADMINISTRATIVE BODIES o The totality of the tenor of the law (context of purpose, other reqts)
− Rationale: the proliferation of specialized activities and their attendant o Other laws on the same subject
peculiar problems o Public policy
− Admin bodies may implement broad policies laid down in a statute by “filling − Considered sufficient standards:
in” the details which the Congress may not have the opportunity or o Public interest
competence to provide o Simplicity, economy and efficiency
− Regulations created by such bodies have the force and effect of law o Public welfare
o Justice and equity
Supplementary Regulations : implementing rules o The sense and experience of men
o National security
Contingent Regulations : rules that determine some fact or state of
things upon which the enforcement of a law
depends, to enforce or suspend the same CREATION OF PENAL LAWS BY DELAGATES
1. Basic law makes the act a crime
2. Basic law provides for its penalty
TEST OF VALID DELEGATION 3. IRR that penalizes must be published
− To determine whether the delegation has been validly made
− The delegation must be circumscribed by legislative restrictions not a roving
commission that will give the delegate unlimited legislative authority
Delegation of power to legislate: necessarily involves discretion as to what the

law shall contain
Discretion as to its execution: discretion only as to how the law will be

applied
− To be valid, must satisfy both the completeness test and the sufficient standard
test
THE COMPLETENESS TEST (What to do)

− The law delegating power must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it
− The law delegating power must set forth therein the policy to be executed by the
delegate
HOLDERS OF LEGISLATIVE POWER
THE LEGISLATIVE DEPARTMENT − Legislature: plenary but not exclusive hold over legislative power
− People: initiative and referendum reserved for them
1987 A6 S1 The legislative power shall be vested in the Congress of the o A6 P32/ordinary legislative power and not A17/constituent power
Philippines which shall consist of a Senate and a House of o Operationalization left to the Congress
Representatives, except to the extent reserved to the people by o Not plenary in scope, subject under the exceptions Congress may
the provision on initiative and referendum. impose
− President: extraordinary legislative power
UNICAMERALISM o When there is no legislature
− Congress under the 1935 and 1973 Constitutions o When there are emergencies
− Legislature with only 1 house " Because the Commander-in-Chief and the Emergency
− Advantages: Power are too cumbersome to be effective and efficient
o Simplicity of organization o No procedural limitations like in the Congress
o Economy and efficiency o Can repeal statutes enacted by Congress
o Avoidance of duplication
o Strengthening of the legislature in relation of the executive
o Training ground for national leaders SENATE
COMPOSITION
BICAMERALISM 1987 A6 S2 The Senate shall be composed of twenty-four Senators who shall
− Congress in the 1987 Constitution be elected at large by the qualified voters of the Philippines, as
− Legislature with 2 houses (Senate, House of Representatives) may be provided by law.
− Advantages: − 24 senators: amendment
o Check and balance between the national perspective (senate) and the − Elected by large by the entire electorate: amendment
parochial interests (HoR) o makes the Senate a training ground for national leaders and
o Allows for more careful study of legislation possibly a springboard to the Presidency
o Less vulnerable to attempts at control by executive o gives them a broader outlook of the problems of the country
− Manner of election (at large of the 24 senators): statute
NATURE OF LEGISLATIVE POWER
− Power to make, alter and repeal laws
− Derivative and delegated power QUALIFICATIONS
o People reposed in the Legislature the power through the Constitution 1987 A6 S3 No person shall be a Senator unless he is a natural-born citizen of
− Plenary in scope the Philippines and, on the day of the election, is at least thirty-
o Because the scope is not enumerated, any power deemed to be five years of age, able to read and write, a registered voter, and a
legislative by usage and tradition is necessarily possessed by resident of the Philippines for not less than two years immediately
Congress, unless lodged elsewhere preceding the day of the election.
− Substantive Limitations: circumscribe both the exercise of the power itself and
the allowable subjects of legislation 1. CITIZENSHIP REQUIREMENT: NATURAL BORN
o Non-delegable 1987 A4 S2 Natural-born citizens are those who are citizens of the
o Congress cannot pass irrepealable laws (would constitute an indirect Philippines from birth without having to perform any act to
amendment of the Constitution which vests the power to make, amend acquire or perfect their Philippine citizenship. Those who
and repeal laws to Congress) elect Philippine citizenship in accordance with paragraph (3),
o Bill of Rights Section 1 hereof shall be deemed natural-born citizens.
o Constitution
2. AGE REQUIREMENT: AT LEAST THIRTY-FIVE
− Procedural Limitations: prescribe the manner of passing bills and the form they
should take − Must be possessed on the day of the elections, when the polls are
opened and the votes are cast; not on the day of the proclamation of
Art.6, Sec.26 (1) - 1 subject 1 title rule the winners by the board of canvassers
Art.6, Sec.26 (2) - 3 readings on 3 separate days rule
3. LITERACY REQUIREMENT Able to read and write
4. REGISTERED VOTER REQUIREMENT Registered voter in the Phil.
5. RESIDENCY REQUIREMENT: NOT LESS THAN 2 YEARS in the Phil.
Residence : used to mean domicile
: the place where one habitually resides and to which,
when he is absent, he has the intention of returning
: acquisition of a new residence results in the forfeiture of
the old; however, an intention to abandon his old
residence cannot be legally be inferred from his act in
establishing a home elsewhere or otherwise conducting
his activities therein, absences of a clear showing that
he has decided to adopt a new residence
TERM
1987 A6 S4 The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall
serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for
the full term of which he was elected.
1987 A18 S2 The Senators, Members of the House of Representatives, and the
local officials first elected under this Constitution shall serve until
Transitory noon of June 30, 1992.
Provisions
Of the Senators elected in the elections in 1992, the first twelve
obtaining the highest number of votes shall serve for six years
and the remaining twelve for three years.
STAGGERING OF TERMS
Senators elected in 1987 : served only 5 years
Senators elected in 1992 : top twelve served for 6 years until 1998
bottom twelve served for 3 years until 1995
Senators elected in 1995 : all twelve served for 6 years until 2001
Senators elected in 1998 : all twelve served for 6 years until 2004
− Scheme created the bracketing of the elections of the senators
− Means that there will be elections for 12 senators every 3 years
− Done so that the senate shall not at any time be completely dissolved; ½ is
retained while the other ½ is replaced/reelected every 3 years
CONTINUITY OF THE LIFE OF THE SENATE

− Intended to encourage the maintenance of Senate policies
− Intended to guarantee that there will be experienced members who can help ad
train newcomers in the discharge of their functions
TWO CONSECUTIVE TERM LIMIT

− So they will not entrench themselves in power/dissuade the creation of dynasties
* Election: every 3 years

nd
Term limit: can run again after 3 years from 2 term
* Term: period of time allotted to the office by law

Tenure: period during which the official actually holds office
HOUSE OF REPRESENTATIVES LEGISLATIVE DISTRICTS
COMPOSTITION 1. Must be in accordance with the number of their respective inhabitants,
1987 A6 S5 The House of Representatives shall be composed of not more and on the basis of a uniform and progressive ratio
than two hundred and fifty members, unless otherwise fixed by 2. Must be compact (solid), contiguous (in physical contact with each
law, who shall be elected from legislative districts apportioned other), and adjacent (close by or near)
among the provinces, cities, and the Metropolitan Manila area in 3. Must be with 250,000 population for cities, must have 1 representative
accordance with the number of their respective inhabitants, and for every province (no matter the population)
on the basis of a uniform and progressive ratio, and those who, as 4. Within 3 years from the return of a census, Congress must make a
provided by law, shall be elected through a party-list system of reapportionment in accordance with the same
registered national, regional, and sectoral parties or − Census cannot be compelled from Congress
organizations. − Census is not necessary to create legislative districts
The party-list representatives shall constitute twenty per centum GERRYMANDERING

of the total number of representatives including those under the − Creation of representative districts out of separate portions of territory
party list. For three consecutive terms after the ratification of this in order to favor a candidate
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural 2. SECTORAL REPRESENTATIVES
communities, women, youth, and such other sectors as may be − Extending protection to the interests of groups which are not
provided by law, except the religious sector. adequately attended to in normal legislative deliberations
o Labor
Each legislative district shall comprise, as far as practicable, o Peasant
contiguous, compact, and adjacent territory. Each city with a o Urban poor
population of at least two hundred fifty thousand, or each o Indigenous cultural communities
province, shall have at least one representative. o Women
o Youth
Within three years following the return of every census, the o Others as may be provided by law (except religious sector)
Congress shall make a reapportionment of legislative districts − Seats are reserved (50% of 20% of the 250)
based on the standards provided in this section. − Recognition of the inability of the disadvantaged sectors to compete in
the political process
1. DISTRICT REPRESENTATIVES − Operative for only the first 3 consecutive terms after the ratification of
− Elected directly from the territorial unit he is seeking to represent the Constitution (1987-1998)
− Originally 200 members based on the initial apportionment of the − Manner of choosing:
legislative districts (200), as can be found on the Ordinance attached to o Selection: presidential appointment (A18 S7; needs
the Constitution confirmation)
o Election: legislature through a special law
RE/APPORTIONMENT
− Way to increase the number of members of the HoR
− Can either be through: 3. PARTY-LIST REPRESENTATIVES
1. Creation of new legislative districts − Chosen indirectly, through the party he represents, which is the one
2. Creation of new cities (250,000 popu = 1 rep) voted for by the electorate
3. Creation of new provinces (1 province = 1 rep) − Constitutes 20% of the total membership of the House of
4. Compliance with census Representatives
− Justiciable issue − Seeks to avoid the dilemma of choice of sectors and who constitute the
− Can only be done by Congress (and not by the ARMM, local members of the sectors; can be national, regional, and sectoral parties
legislatures or COMELEC) or organizations
− Focuses more on statute-created inequality than factual inequality; − No reserved seats for sectors; sectors must battle it out with other
jurisprudence does not have an answer yet when there is a factual parties or organizations
inequality and the Congress refuses to remedy the situation
− Legislative districts ≠ political subdivisions (cities, provinces) RA 7941
− Rules for the selection of the party-list representatives
QUALIFICATIONS REQUISITES OF ACQUIRING DOMICILE BY CHOICE
1987 A6 S6 No person shall be a Member of the House of Representatives 1. Residence or bodily presence in the new locality
unless he is a natural-born citizen of the Philippines and, on the 2. An intention to remain there
day of the election, is at least twenty-five years of age, able to 3. An intention to abandon the old domicile
read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a Animus revertendi : intention to return
resident thereof for a period of not less than one year immediately Animus manendi : intention to stay
preceding the day of the election.
PARTY-LIST REPRESENTATIVE
1. CITIZENSHIP REQUIREMENT: NATURAL BORN − Must also be a bona-fide member of the party he seeks to represent at least 90
1987 A4 S2 Natural-born citizens are those who are citizens of the days before election day
Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with TERM
paragraph (3), Section 1 hereof shall be deemed 1987 A6 S7 The Members of the House of Representatives shall be elected
natural-born citizens. for a term of three years which shall begin, unless otherwise
− Natural born can either be provided by law, at noon on the thirtieth day of June next following
o Those who need not do anything their election. No Member of the House of Representatives shall
o Those who elected Philippine citizenship through serve for more than three consecutive terms. Voluntary
" A4 S1 P3: Filipina mother, election at 18 renunciation of the office for any length of time shall not be
" Repatriation considered as an interruption in the continuity of his service for
the full term for which he was elected.
2. AGE REQUIREMENT: AT LEAST 25 On the day of the elections − To synchronize elections with Senators (every 3 years), the President and
the Vice-President (every 6 years)
3. LITERACY REQUIREMENT Able to read and write − Change in term: amendment
Change in start of term: statute
4. REGISTERED VOTER REQUIREMENT
D: Distrcit where he is running * Election: every 3 years
rd
S: Of any district Term limit: can run again after 3 years from 3 term
P: Of any district
* Term: period of time allotted to the office by law
Tenure: period during which the official actually holds office
5. RESIDENCY REQUIREMENT: AT LEAST 1 YEAR
D: District where he is running
S: In the Philippines
P: In the Philippines
RESIDENCE
− synonymous to domicile
DOMICILE
− The place where one habitually resides and to which, when he is
absent, he has the intention of returning
− Acquisition of a new residence results in the forfeiture of the old;
however, an intention to abandon his old residence cannot be legally
be inferred from his act in establishing a home elsewhere or otherwise
conducting his activities therein, absences of a clear showing that he
has decided to adopt a new residence
− To ensure familiarity with the conditions and problems of the
constituency sought to be represented and consequent efficiency and
concern in the discharge of the legislative duties on its behalf
− May be lost and reestablished
− Registration as voter elsewhere does not show intent to change
domicile
CONGRESS ELECTION & REPLACEMENT
1987 A6 S8 Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall
SENATE HOUSE OF REPRESENTATIVES be held on the second Monday of May.
District Party-list S9 In case of vacancy in the Senate or in the House of

Representatives, a special election may be called to fill such
Composition 24 x vacancy in the manner prescribed by law, but the Senator or
x
(by amendment) (by statute) Member of the House of Representatives thus elected shall serve
only for the unexpired term.
Elected Directly Directly Indirectly
REGULAR ELECTIONS
nd
Voters At large District level At large General : 2 Monday of May
Exception : otherwise provided by law
Citizenship Natural-born citizen
SPECIAL ELECTIONS
Age 35 25 25 − Called on in the manner prescribed by law
− Calling is not mandatory
Literacy Able to read and write − Replacement only to continue remaining years of the term
− Counted as 1 term of the replacement
Registered Of district where he
Of any district Of any district
voter is running
SALARIES
Residency At least 1 year 1987 A6 S10 The salaries of Senators and Members of the House of
(immediately At least 2 years At least 1 year Representatives shall be determined by law. No increase in said
(in the district where
preceding the (in the Philippines) (in the Philippines) compensation shall take effect until after the expiration of the full
elections) he is running)
term of all the Members of the Senate and the House of
Representatives approving such increase.
Term 6 years 3 years 3 years − RATIONALE: bar from yielding to natural temptation to increase their
salaries. With the length of time that has to elapse, there is a deterrent
Term limit 2 consecutive terms 3 consecutive terms 3 consecutive terms
factor to any such measure unless the need for it is clearly felt
− Checked by 1987 A6 S20 requiring that records and books of accounts of
Congress shall be preserved and be open to the public in accordance with
* CONTINUING REQUIREMENTS: they must be possessed for the entire duration of law, and such books shall be audited by the Commission on Audit which
the member’s incumbency. shall publish annually an itemized list of amounts paid to and expenses
incurred for each member
* EXCLUSIVE: based on the principle of expressio unius est exclusio alterius, with the
result that it is not competent for the Congress to provide by mere legislation for CHANGE IN SALARIES
additional qualifications no matter how relevant they may be. − Increase of salaries: only to take effect after term of those who
approved of the same
* QUALIFICATIONS: addition will constitute amendments Decrease of salaries: no prohibition
DISQUALIFICATIONS: addition will only constitute a statutory enactment (generally Receipt of allowances: no prohibition; may be voted on into law
narrowly constructed against by the Courts; do not favor idea
that Congress can deprive a member-elect of their office) − Salaries: full term prohibition
Allowances/benefits: no prohibition (only moral)
EXPIRATION OF THE FULL TERM OF ALL THE MEMBERS

− Pertains to the full term of both the Senate and the House
− In short, the lapse is 6 years, the term of the Senators
PARLIAMENTARY IMMUNITIES INCOMPATIBLE AND FORBIDDEN OFFICES
1987 A6 S11 A Senator or Member of the House of Representatives shall, in all 1987 A6 S13 No Senator or Member of the House of Representatives may hold
offenses punishable by not more than six years imprisonment, be any other office or employment in the Government, or any
privileged from arrest while the Congress is in session. No subdivision, agency, or instrumentality thereof, including
Member shall be questioned nor be held liable in any other place government--‐owned or controlled corporations or their
for any speech or debate in the Congress or in any committee subsidiaries, during his term without forfeiting his seat. Neither
thereof. shall he be appointed to any office which may have been created
or the emoluments thereof increased during the term for which he
1. PRIVILEGE FROM ARREST was elected.salaries
− Pertains to physical restraint
− Ensure representation of the constituents of the member of Congress INCOMPATIBLE OFFICES
by preventing attempts to keep him from attending its sessions − Refers to the first sentence of the article
− Covers both civil and criminal cases punishable by not more than 6 − The other office may either be appointive or elective
years imprisonment (prision correccional) − RATIONALE: prevent him from owing loyalty to another branch of the
− Does not include immunity from searches and seizures government, to the detriment of the independence of the legislature and the
− “Session” means the entire duration from convening to adjournment; doctrine of separation of powers
whether or not the legislator is attending it − Not absolute: refers only to the simultaneous holding of that office and the seat in
Congress, and will only cause foefeiture
2. PRIVELEGE OF SPEECH AND DEBATE − Holding of another office = forfeiture of seat in Congress
− Pertains to intellectual restraint o Automatic upon holding of the incompatible office
− Enables the legislator to express views bearing upon public interest o No resolution is necessary
without fear of accountability outside the halls of the legislature for his − Exceptions:
inability to support his statements with the usual evidence required in o Electoral Tribunals, Commission on Appointments, Judicial Bar Council
the court of justice o Second office is shown to be an extension of the legislative position or
− Applies as long as act was in the performance of public function: is in aid of legislative duties
o Regardless whether in session or not o Membership in the UP Board of Regents
o Regardless of where it was delivered o Becoming treaty negotiators
− Immunity applies only to civil courts; may still be punished within
Congress itself FORBIDDEN OFFICES
− Refers to the second sentence of the article
LEGISLATIVE ACTION : refers to the deliberative and communicative − The other office is only appointive
process by which members participate in − RATIONALE: to prevent the trafficking in public office
committee and House proceedings in the − Not allowed only during the term for which he was elected, when such office was
consideration of proposed legislation or of created or its emoluments were increased
other matters that the Constitution places salaries
within the jurisdiction of the legislature INHIBITIONS AND DISQUALIFICATIONS
1987 A6 S14 No Senator or Member of the House of Representatives may
CONFLICT OF INTEREST personally appear as counsel before any court of justice or before
1987 A6 S12 All Members of the Senate and the House of Representatives the Electoral Tribunals, or quasi--‐judicial and other administrative
shall, upon assumption of office, make a full disclosure of their bodies. Neither shall he, directly or indirectly, be interested
financial and business interests. They shall notify the House financially in any contract with, or in any franchise or special
concerned of a potential conflict of interest that may arise from the privilege granted by the Government, or any subdivision, agency,
filing of a proposed legislation of which they are authors. or instrumentality thereof, including any government--‐ owned or
− Pertains to: controlled corporation, or its subsidiary, during his term of office.
o Full disclosure of their financial and business interests He shall not intervene in any matter before any office of the
o Notify when there is a potential conflict of interest from a Government for his pecuniary benefit or where he may be called
proposed legislation self-gain upon to act on account of his office.
− RATIONALE: Potential for self-aggrandizement will be reduced
− Does not prevent said legislator from participating in legislation PERSONALLY APPEAR AS COUNSEL
− Will only allow other legislators to keep a close eye on said legislator − Barred from all courts of justice, including HR/SET, courts martial, SEC, etc
− RATIONALE: prevent legislator from exerting undue influence, deliberately or
not, upon the body where he is appearing; appearance is enough, considering
the powers available to the legislator which he can exercise to reward or punish a OTHER OFFICERS
judge deciding his case − Members of the legislature:
− Lawyer-legislator may still practice his profession, only in way that do not o Senate President pro tempore
necessitate him to appear before the courts (someone else can do it for him) o Speaker pro tempore
− Applies only to the lawyer-legislator, not his law firm o Majority and minority floor leaders
o Chairmen of the various standing and special committees
BE INTERESTED FINANCIALLY IN ANY CONTRACT WITH THE GOVERNMENT − Non-members of the legislature:
− RATIONALE: this is because of the influence that the legislator can easily o Secretary
exercise in obtaining these concessions o Sergeant-at-arms
− Businessman-legislator can still enter into transactions with the government, as − Left to the discretion of the house as to the officers and their election
long as they do not involve financial interests or those from which the legislator − Political question
expects to derive some profit at the expense of the government
NOT INTERVENE IN ANY MATTER BEFORE ANY OFFICE OF THE GOVT QUORUM
FOR HIS FINANCIAL BENEFIT 1987 A6 S16 P2 A majority of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and
SESSIONS may compel the attendance of absent Members in such manner,
1987 A6 S15 The Congress shall convene once every year on the fourth and under such penalties, as such House may provide.
Monday of July for its regular session, unless a different date is − Senate: 50% + 1 of all 24 senators (13)
fixed by law, and shall continue to be in session for such number − House of Representatives: 50% + 1 of all 250+ Representatives (76)126
of days as it may determine until thirty days before the opening of − After acquiring quorum, a small number may adjourn
its next regular session, exclusive of Saturdays, Sundays, and
legal holidays. The President may call a special session at any * Cuenco ruling was an exception
time.
RECESS
REGULAR SESSIONS 1987 A6 S16 P5 Neither House during the sessions of the Congress shall, without
th
− General : 4 Monday of July the consent of the other, adjourn for more than three days, nor to
− Exception : date fixed by law any other place than that in which the two Houses shall be sitting.
− Must adjourn 30 days before opening of next regular session − RATIONALE: because of the restoration of bicameralism, which envisions
collaboration and coordination between the two chambers, there is a need
SPECIAL SESSIONS for constant contact and consultation which will not be possible if the other
− General : called on by the President chamber is adjourned
− Exception : Congress convenes itself − Adjournment: if more than 3 days
o Canvassing of presidential elections − Place: if in a different political unit, like province or city (not room or bldg.)
o Calling a special elections when both Presidency and Vice-Presidency
are vacated Compulsory recess: A6 S15 (30 days before next regular session)
o Exercising power of impeachment Voluntary recess : A6 S16 (more than 3 days)
OFFICERS JOURNALS
1987 A6 S16 P1 The Senate shall elect its President and the House of 1987 A6 S16 P4 Each House shall keep a Journal of its proceedings, and from
Representatives, its Speaker, by a majority vote of all its time to time publish the same, excepting such parts as may, in its
respective Members. Each House shall choose such other judgment, affect national security; and the yeas and nays on any
officers as it may deem necessary. question shall, at the request of one--‐fifth of the Members
present, be entered in the Journal. Each House shall also keep a
CONSTITUTIONALLY MANDATED OFFICERS Record of its proceedings.
− Senate President and House Speaker
− Elected through a majority vote of all its respective members JOURNAL
− Do not have a fixed term, may be replaced at any time at the pleasure of a − Resume or the minutes of what transpired during a legislative session
majority of all the members of their respective chambers − General summary
− Highly political positions, incumbency depends on partisan alignments of − RATIONALE: authenticating proceedings; for the interpretation of laws through a
colleagues study of the debates held thereon; inform public of the official conduct of their
− Justiciable issue legislators
RECORD ELECTORAL TRIBUNALS
− Word-for-word transcript of the proceedings taken during the session 1987 A6 S17 The Senate and the House of Representatives shall each have an
− Specific summary Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
JOURNAL v ENROLLED BILL respective Members. Each Electoral Tribunal shall be composed
− General : Enrolled bill of nine Members, three of whom shall be Justices of the Supreme
o A duly authenticated copy of a bill or resolution bearing the signature of Court to be designated by the Chief Justice, and the remaining six
the Speaker and Senate President and the certification of the their shall be Members of the Senate or the House of Representatives,
secretaries that such bill was passed as the case may be, who shall be chosen on the basis of
− Exception : Journal proportional representation from the political parties and the
o Only on matters that are required to be entered in the journals parties or organizations registered under the party--‐list system
o When the signatures on the enrolled bill are withdrawn represented therein. The senior Justice in the Electoral Tribunal
− Either is respected because to overcome their conclusive nature is to invade the shall be its Chairman.
coordinate and independent department of the government, and to interfere with
the legitimate powers and functions of the Legislature COMPOSITION
− To take away the impeachability of either in one is to take either away in all, and − Proportional representation
the evidence of the laws must rest upon a foundation less certain and durable o Favors multi-party system
− Remedy is by amendment or curative legislation, not by judicial decree o Seats are apportioned among all the parties represented in each
chamber, including party-list members
− Parties are entitled to nominate the representatives they will send to the tribunal;
DISCIPLINE OF MEMBERS the Constitutional Commission and jurisprudence have no answer yet as to what
1987 A6 S16 P3 Each House may determine the rules of its proceedings, punish will happen if the parties fail to fill the given seats (who will choose/replace)
its Members for disorderly behavior, and, with the concurrence of − Change in political representation does not equate to a change in membership
two--‐thirds of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not exceed sixty NATURE
days. − Members are non-partisan
− Independent of the Legislature
RULES OF ITS PROCEEDINGS o Even though 2/3 of its membership is from Congress
− Inherent power of any body o Even though under the Article on the Legislative Department
− Needed for the orderly conduct of the session of Congress o Can prescribe their own rules of procedure separate and distinct
− Discretionary on the part of the Congress as to formulation, application and o Can have its own employees
revocation − Independent of COMELEC
− Subject to judicial review: − Independent of the Supreme Court
o General : Not subject to judicial review; political question o In lieu of being the “sole judge”
o Exception : When the House Rules violate fundamental rights of o GEN: Decisions are not appealable to the SC
third persons o EXC: Clear showing of grave abuse of discretion
− Functions even beyond session of Congress
DISCIPLANARY MEASURES
− Even without the provision, said power is inherent to each House COMELEC VS HR/SET
− Instead of conferring it, the provision actually limits the power because of the − Source of confusion may be found principally in the grant of broad administrative
specific conditions laid down for its proper exercise powers to the COMELEC. The business of proclaiming candidates, which
− “Disorderly behavior” normally should be the dividing line between a pre-proclamation controversy and
o prerogative of Congress to interpret and cannot be subject to judicial a contest, is itself subject to election laws which the COMELEC is bound to
review administer
o political question
− Suspension Comelec : pre-proclamation challenges
o Must not exceed 60 days − Decide whether or not the candidate can be voted for
o Needs concurrence of 2/3 votes of all its members − Limited to incomplete returns, or returns with material defects, or returns
− Expulsion which appeared to be tampered with, falsified or prepared under duress, or
o Needs concurrence of 2/3 votes of all its members containing discrepancies in the votes credited to any candidate, the
difference of which would affect the results
Doctrine of Rejection of 2nd Placer - Sound policy dictates that public elective officials are filled by those who received the highest number of votes cast in the
election for that office, and it is a fundamental idea in all Republican forms of govt that no one can be declared elected and no measure can be declared unless
he/it receives a majority of the legal votes cast in the election. COMELEC cannot name the 2nd placer as the winner, rather the hierarchy of positions is followed.
Hr/set : post-proclamation contests
− Election contests: decided whether challenger can replace the winner ORGANIZATION
− Qualifications: Constitutional + statutory requirements 1987 A6 S19 The Electoral Tribunals and the Commission on Appointments
− Returns: errors in canvassing which are not manifest/needs opening of shall be constituted within thirty days after the Senate and the
ballot boxes House of Representatives shall have been organized with the
− Election election of the President and the Speaker. The Commission on
Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to
COMMISSION ON APPOINTMENTS discharge such powers and functions as are herein conferred
1987 A6 S17 There shall be a Commission on Appointments consisting of the upon it.
Section 18 President of the Senate, as ex officio Chairman, twelve Senators,
and twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation from the HR/SET CoA
political parties and parties or organizations registered under the Independent from
party--‐list system represented therein. The chairman of the Not coaetenous with Congress (30 days after election of officers)
Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within Composition not affected by changes in Composition is affected by changes in
thirty session days of the Congress from their submission. The political representation in Congress political representation in Congress
Commission shall rule by a majority vote of all the Members. (affects being ‘sole judge’) (as long as of permanent character)
COMPOSITION
− Total of 25:
o Senate President
o 12 Senators
o 12 Representatives
− 12 membership of either house is not mandatory (Guingona vs. Gonzales)
− No rounding off of seats
− Reorganization is allowed if changes in political affiliation is of permanent
character
NATURE
− Serves as an administrative check on the appointing authority of the President
− Functions are purely executive
− Can formulate own rules
− Independent of Congress
o Powers emanate directly from the Constitution, not Congress
− Independent of Supreme Court
o Appointments cannot be questioned
o Rules cannot be questioned
KINDS OF APPOINTMENTS
During sessions : president must clear his nominations with the
CoA first
: unless it is organized, no appointment can be
made
Ad interim appointments : appointments made during the recess

temporary : subject to consideration later by the
Commission, for confirmation or rejection
: non-action of CoA during the following sesion
will render appointments by-passed
ON THE PART OF CONGRESS
POWERS OF CONGRESS Step 2: Three readings
General: Three readings on separate days, and printed copies thereof in its
LEGISLATIVE POWERS final form have been distributed to its Members three days before
1. Taxation its passage
2. Appropriation action by the State of fixing total assets devoted to a special purpose
3. Expropriation action by the State of taking property st
1 reading - reading the number and title of the bill, followed by
from its owner for public use or benefit referral of Senate President or House Speaker to the
NON-LEGISLATIVE POWERS appropriate committee for study and recommendation
1. Canvass of presidential and vice-presidential elections - the bill may be killed in the committee or it may be
2. Declaration of existence of state of war recommended for approval
3. Concur in treaties and amnesties - public hearings may be held thereon
4. Propose constitutional amendments - bills of the same nature or purpose, they may all be
5. Impeach consolidated into one bill under common authorship or
as a committee bill
IMPLIED/INHERENT POWERS nd
1. Punish in contempt 2 reading - bill shall be read in full with the amendments proposed
2. Discipline its members by the Committee, if any, unless copies thereof are
3. Promulgate internal rules of proceedings distributed and such reading is dispensed with
- then, there will be debates, pertinent motions, and
LEGISLATIVE POWER IN GENERAL amendments
Power of lawmaking—make, alter or repeal laws - after the amendments shall have been acted upon, the
bill will be voted on second reading
Statute : the written will of the legislature, solemnly expressed according to - after approved, it shall be calendared for a third reading
the forms necessary to constitute it the law of the state rd
3 reading - final vote by yeas and nays
PROCEDURE
1987 A6 S26 P2: No bill passed by either House shall become a law unless it has Exception: Presidential certification; dispenses with the requirement of both
passed three readings on separate days, and printed copies the printing and distribution of copies of the bill but also the
thereof in its final form have been distributed to its Members three readings on separate days
days before its passage, except when the President certifies to
the necessity of its immediate enactment to meet a public - does not dispense with the 3 readings, only the separate days
calamity or emergency. Upon the last reading of a bill, no - presidential certification is not subject to judicial review
amendment thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the yeas and nays entered Step 3: Exchange with other house
in the Journal.
No amendment: the bill is passed by Congress and the same will be
1. Introduction: filing of the bill transmitted to the President for appropriate action
2. 3 readings
3. Exchange with other house; 3 readings/Bicameral Conference With amendment: disagreement in the amendments will be settled by the
4. Authentication of Bills Conference Committees of both chambers
5. Approval of the President − Conference committee is the mechanism for compromising
difference between the senate and the House in the passage of a
bill into law
− Can produce unexpected results, beyond that contemplated by
either house
− The Conference Committee report need not comply with the three
readings on separate days and printed copies thereof in its final
form be distributed (the eventual authentication shows that they
approve of the changes)
Step 4: Authentication of Bills ON THE PART OF THE PRESIDENT
− Where the lawmaking process in Congress ends 1987 A6 S27: Every bill passed by the Congress shall, before it becomes a law,
− Indispensible to the validity of the bill be presented to the President. If he approves the same he shall
− Duly authenticated when the Speaker and the Senate President signs the sign it; otherwise, he shall veto it and return the same with his
printed copy of the approved bill, certified by the respective secretaries of objections to the House where it originated, which shall enter the
both house objections at large in its Journal and proceed to reconsider it. If,
− Signifies to the president that the bill being presented to him has been duly after such reconsideration, two-thirds of all the Members of such
approved by the legislature and is ready for his approval House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be
• Enrolled Bill Doctrine: signature and certification of both houses are reconsidered, and if approved by two-thirds of all the Members of
conclusive of its due enactment that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names
• House Journals: Regarded as conclusive with respect to matters that are of the Members voting for or against shall be entered in its
required by the Constitution to be recorded therein Journal. The President shall communicate his veto of any bill to
− 1987 A6 S16 P4: yeas or nays on any question at the request of 1/5 of the members present the House where it originated within thirty days after the date of
receipt thereof, otherwise, it shall become a law as if he had
− 1987 A6 S26 P2: yeas or nays on third reading
signed it.
− 1987 A6 S27 P1: President’s veto message; yeas or nays to enact bill
into law despite the veto
The President shall have the power to veto any particular item or
items in an appropriation, revenue, or tariff bill, but the veto shall
• Enrolled Bill Doctrine v. Journal Rule
not affect the item or items to which he does not object.
− General: enrolled bill
− Exception: journal rule as to matters the constitution requires to be • Regular bill: veto entire bill
entered therein − President signs: bill becomes law
− President vetoes:
• Remedy to discrepancy in the bill and the enacted law: o Sent back to the house where it originated
− Amendment by curative legislation o House can force enact the bill through a 2/3 vote of each
− Withdrawal of the signatures of the Speaker and the Senate house
President—when law different from deliberations and the journal Pocket Veto
− President does nothing within 30 days: bill becomes law
records o Counted from the date of its receipt by him
o Reason may be fear of antagonizing certain elements
3 versions of the bill that the president will approve: o Reason may be his belief that the final judgment on its
1. Originating from the house constitutionality rests not with him but with the judiciary
2. Originating from the senate
3. Originating from the conference committee • Appropriations bill: veto specific items/inappropriate provisions
BILLS ORIGINATING FROM THE LOWER HOUSE

1987 A6 S24: All appropriation, revenue or tariff bills, bills authorizing increase
of the public debt, bills of local application, and private bills, shall
originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
− Based on the theory that, elected as they are from the districts, the
members of the House can be expected to be more sensitive to the local
needs and problems
− Must originate from the house but does not prevent the Senate from
concurring or proposing amendments that may produce a bill substantially
different (even complete substitution) from the original one; to prevent them
from doing so violates the coequality of the legislative power of the two
houses (Tolentino vs. Sec. of Finance)
Appropriation bill : one whose primary and specific purpose of which is to

authorize the release of funds from the public treasury
Revenue bill : levies taxes and raises funds for the government • Do not necessarily have to be relevant to any pending legislation,
provided only that they are relevant to the subject matter of the
Tariff bill : specifies rates or duties to be imposed on imported investigation being conducted
articles
Bills authorizing increase in public debt: illustrated by one floating bonds for Legislative contempt
public subscription redeemable after a certain period • Failure or refusal to attend a legitimate legislative investigation or
stubborn refusal to contumacy of the witness may be punished
Bills of local application : involves purely local or municipal matters, like a charter comply w/ authority
• Duration of incarceration
of a city o Senate: indefinitely because Senate is a continuing body
o HoR: from date of commission until adjournment
Private bills : like a bill granting honorary citizenship to a
distinguished foreigner QUESTION HOUR
1987 A6 S22 The heads of departments may, upon their own initiative, with the
PROHIBITED MEASURES consent of the President, or upon the request of either House, as
Substantive Limitations: circumscribe both the exercise of the power itself and the rules of each House shall provide, appear before and be
the allowable subjects of legislation heard by such House on any matter pertaining to their
o Non-delegable departments. Written questions shall be submitted to the
o Congress cannot pass irrepealable laws (would constitute an indirect President of the Senate or the Speaker of the House of
amendment of the Constitution which vests the power to make, amend Representatives at least three days before their scheduled
and repeal laws to Congress) appearance. Interpellations shall not be limited to written
o Bill of Rights questions, but may cover matters related thereto. When the
o Non-impairment of doctrine of separation of powers security of the State or the public interest so requires and the
o Appointment of elective officials President so states in writing, the appearance shall be conducted
o Enactment of ex-post facto laws in executive session.
o Enactment of bills of attainder − PURPOSE
o Non-impairment of the obligation of contracts o Obtain information from the department secretaries on the
o Creation of royalty manner they are implementing the laws it has enacted
o Increasing SC jurisdiction o Find out about matters related to pending or prospective
legislation, usually recommended by the administration itself
Procedural Limitations: prescribe the manner of passing bills and the form they
should take
o One subject, one title rule POWER OF APPROPRIATION
o 3 readings Appropriation measure may be defined as a statute the primary and specific purpose
o President’s approval of which is to authorize the release of public funds from the treasury
o Origination clause
General appropriations : passed annually intended to provide for the
LEGISLATIVE INQUIRIES financial operations of the entire government
1987 A6 S21 The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation Special appropriations : designed for specific purpose, such as a
in accordance with its duly published rules of procedure. The creation of a fund for the relief of typhoon
rights of persons appearing in, or affected by, such inquiries shall victims
be respected. : creation of an office is not an appropriation
− May be implied from the express power of legislation and does not itself measure because the main purpose is not to
have to be expressly granted appropriate funds
− Not so much to authorize as in fact to limit the conduct of legislative
inquiries RESTRICTIONS ON THE PASSAGE OF BUDGET/REVENUE BILLS
1. 1987 A6 S25 P1: The Congress may not increase the appropriations
Inquiry must be in aid of legislation: intention to legislate is important recommended by the President for the operation of the Government as
• Already pending specified in the budget. The form, content, and manner of preparation of the
• Still under consideration budget shall be prescribed by law.
− may decrease but not increase
Scope of questions − President is for proposal only; power of the purse still with Congress
2. 1987 A6 S25 P2: No provision or enactment shall be embraced in the Requirements:
general appropriations bill unless it relates specifically to some particular 1. Funds to be transferred are actually savings in the items of
appropriation therein. Any such provision or enactment shall be limited in its expenditures
operation to the appropriation to which it relates. 2. The purpose is to augment the items of expenditure to which transfer is
to be made
Items: a specific appropriation of money, not some general provision of law
6. 1987 A6 S25 P6: Discretionary funds appropriated for particular officials
Appropriate provision: conditions to items; how they are to be spent, etc shall be disbursed only for public purposes to be supported by appropriate
Doctrine of Inappropriate Provision (Gonzales v. Macaraig) vouchers and subject to such guidelines as may be prescribed by law.
Inappropriate provision: Budget Re-Enactment
− Does not relate to any item in the GAB 7. 1987 A6 S25 P7: If, by the end of any fiscal year, the Congress shall have
o Repeals or amends a law (Philconsa v. Enriquez) failed to pass the general appropriations bill for the ensuing fiscal year, the
o Grants Congress power to exercise congressional veto general appropriations law for the preceding fiscal year shall be deemed re-
of the expenses for a specific purpose in the budget enacted and shall remain in force and effect until the general appropriations
o Denies the president to reduce or defer the spending bill is passed by the Congress.
for a particular item
o Substantive legislation 8. 1987 A6 S27 P2: The President shall have the power to veto any particular
o Unconstitutional provisions item or items in an appropriation, revenue, or tariff bill, but the veto shall not
− Treated like items and can be vetoed separately affect the item or items to which he does not object.
3. 1987 A6 S25 P3: The procedure in approving appropriations for the • Can be vetoed separately:
Congress shall strictly follow the procedure for approving appropriations for − Items
other departments and agencies.To prevent sub-rosa appropriations − Inappropriate provisions
• Cannot be vetoed separately: appropriate provisions
4. 1987 A6 S25 P4: A special appropriations bill shall specify the purpose for − Provisions which pose conditions to items in a budgetary
which it is intended, and shall be supported by funds actually available as sense
certified by the National Treasurer, or to be raised by a corresponding − Cannot veto provision but leave the item
revenue proposal therein.
9. 1987 A6 S29 P1: No money shall be paid out of the Treasure except in
5. 1987 A6 S25 P5: No law shall be passed authorizing any transfer of pursuance of an appropriation made by law
appropriations; however, the President, the President of the Senate, the
Speaker of the House of Representatives, the Chief Justice of the Supreme 10. 1987 A6 S29 P2: No public money or property shall be appropriated,
Court, and the heads of Constitutional Commissions may, by law, be applied, paid, or employed, directly or indirectly, for the use, benefit, or
authorized to augment any item in the general appropriations law for their support of any sect, church, denomination, sectarian institution, or system of
respective offices from savings in other items of their respective religion, or of any priest, preacher, minister, other religious teacher, or
appropriations. dignitary as such, except when such priest, preacher, minister, or dignitary
Doctrine of Augmentation is assigned to the armed forces, or to any penal institution, or government
General: No transfer of appropriations orphanage or leprosarium.
Exceptions: may augment any item in the gen appropriations bill for their respective − Must be read with A3 S5 on religious freedom and A2 S6 on the
− President offices from any savings in other items in their respective appropriations separation of church and state
− Senate President − Applies when benefit is
− House Speaker o deliberate
− Chief Justice o main or primary purpose, not incidental
− Heads of Constitutional Commissions o exclusive, not available to the general public
o function is ecclesiastical (not when sectarian entity
# Within departments functioning in a non-sectarian manner)
✕ To another department Reversion of Budget to General Funds/Special Funds
11. 1987 A6 S29 P3: All money collected on any tax levied for a special
Purpose: purpose shall be treated as a special fund and paid out for such purpose
1. Prevent one department from being beholden to another only. If the purpose for which a special fund was created has been fulfilled
2. Prevent the disregard of the will of the legislature or abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
Impoundment - Refusal of the Pres. to spend funds allocated by Congress for a
specific purpose; it is the failure to spend or obligate budget authority
12. 1987 A14 S5 P5: The State shall assign the highest budgetary priority to WAR POWER
education and ensure that teaching will attract and retain its rightful share of 1987 A6 S23 P1 The Congress, by a vote of two--‐thirds of both Houses in joint
the best available talents through adequate remuneration and other means session assembled, voting separately, shall have the sole power
of job satisfaction and fulfillment. to declare the existence of a state of war.
− Merely directory − We are not the aggressors; merely reacting to an aggression
− Congress must be able to respond to the imperatives of National − Sole act of the Congress
interest and the attainment of other state policies − After declaration, Congress does not become functus officio; Congress still
has to appropriate money for the army, etc
POWER OF TAXATION
1987 A6 S28 P1 The rule of taxation shall be uniform and equitable. The Congress REFERENDUM & INITIATIVE
shall evolve a progressive system of taxation. 1987 A6 S32 The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby
Uniform : persons or things belonging to the same class shall be taxed at the people can directly propose and enact laws or approve or
the same rate reject any act or law or part thereof passed by the Congress or
local legislative body after the registration of a petition therefor
Equal : tax imposed by determined on the basis of the value of the signed by at least ten per centum of the total number of registered
property voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.
Equitable: tax burden must be imposed according to the taxpayer’s capacity
to pay Initiative : law made by the people then submitted to the people for a vote
Referendum: law made by Congress then submitted to the people for a vote
Progressive: tends to accelerate instead of arrest economic growth; tax
should be suited to the social conditions of the people
POWER # OF VOTES VOTING AS
1987 A6 S28 P3 Charitable institutions, churches and personages or convents
appurtenant thereto, mosques, non--‐ profit cemeteries, and all Statute 50% + 1
lands, buildings, and improvements, actually, directly, and Force enactment 2/3
exclusively used for religious, charitable, or educational purposes Tax exemptions 2/3
shall be exempt from taxation.
Must be actually, directly and exclusively devoted to their basic purposes Separately
− War 2/3
(joint session)
− Pertain to ral estate taxes or ad valorem taxes “according to the value"
Amnesty
1987 A6 S28 P4 No law granting any tax exemption shall be passed without the Treaty 2/3 Senate
concurrence of a majority of all the Members of the Congress.
− Requires an absolute majority (2/3 vote of all the members of Congress) In Lung Center of the Phil. v. QC, charity is defined as a gift for the benefit of an
indefinite no. of persons. The test of whether an enterprise is charitable or not is
whether it exists to carry out a purpose recognized by law as charitable or whether it is
POWER OF CONCURRENCE maintained for gain or profit. A charitable institution is exempted from taxes simply
1987 A7 S19 Except in cases of impeachment, or as otherwise provided in this bec. it generates income from paying patients or through receivables from the govt. or
Constitution, the President may grant reprieves, commutations, even from donations.
and pardons, and remit fines and forfeitures, after conviction by
final judgment.
In Abra Valley College v. Aquino, the exemption in favor of property used exclusively
He shall also have the power to grant amnesty with the
for charitable or educational purposes is not limited to property actually indispensable,
concurrence of a majority of all the Members of the Congress. but extends to facilities that are incidental to and reasonably necessary for the
accomplishment of the main purpose of the charitable or educational institution. The test
1987 A7 S21 No treaty or international agreement shall be valid and effective of exemption is the use of the property for purposes mentioned in the Constitution.
unless concurred in by at least two--‐thirds of all the Members of
the Senate. In Pascual v. Sec. of Public Works, the right to appropriate funds is correlative to the
right to tax. Since taxing powers may be exercised for public purposes only, then the
money raised by taxation can be expended only for public purposes as well. The
incidental benefit or advantage to the public doesn’t justify the use of public money. It is
essential that the direct object of the expenditure is for the promotion of public interests.

General Principles: Meaning of Political Law

Uploaded by

Copyright:

Available Formats

General Principles: Meaning of Political Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

General Principles: Meaning of Political Law

Uploaded by

Copyright:

Available Formats

GENERAL PRINCIPLES

MEANING OF POLITICAL LAW

SCOPE OF THE STUDY

NECESSITY OF THE STUDY

BASIS OF THE STUDY

Constitutional Convention 2. RATIFICATION

1935, 1971 AND 1987 CONSTITUTIONS De Leon

Baseline : acquired through the straight baseline method, under

Territorial seas : defined by the Jamaica Convention on the

Subsoil : everything beneath the surface soil and the seabed

Insular Shelves : the submerged portions of a continent or

Political Sovereignty: power behind the legal sovereign, or the sum

Internal Sovereignty : power of the state to control its domestic

External Sovereignty : the power of the state to direct its relations

Act No. 3083 : consents to be sued on liability arising from contracts

Incorporated agency : Created by a charter that gives them a separate

Not a suit against the state: EXEMPTION FORM LEGAL REQUIREMENTS

______ v. Public Officer

EXCEPTIONS TO STATE IMMUNITY

CONSENT TO SUIT/WAIVER OF IMMUNITY

Implied waiver : abandonment of right to invoke immunity

− Another consent from the state is required

S23 The State shall encourage non-governmental, community-based,

S24 The State recognizes the vital role of communication and

S28 Subject to reasonable conditions prescribed by law, the State

S21 The State shall promote comprehensive rural development and

Maintained: 3 Departments BLENDING OF POWERS CHECKS AND BALANCES

JUSTICIABLE AND POLITICAL QUESTIONS

Justiciable questions : implies a given right, legally demandable and

Political questions : a question of policy

Delegation of power to legislate: necessarily involves discretion as to what the

Discretion as to its execution: discretion only as to how the law will be

THE COMPLETENESS TEST (What to do)

CONTINUITY OF THE LIFE OF THE SENATE

TWO CONSECUTIVE TERM LIMIT

* Election: every 3 years

* Term: period of time allotted to the office by law

The party-list representatives shall constitute twenty per centum GERRYMANDERING

District Party-list S9 In case of vacancy in the Senate or in the House of

EXPIRATION OF THE FULL TERM OF ALL THE MEMBERS

Ad interim appointments : appointments made during the recess

BILLS ORIGINATING FROM THE LOWER HOUSE

Appropriation bill : one whose primary and specific purpose of which is to

You might also like