Constitutional Law I COURSE OUTLINE By Professor Victoria V. Loanzon ‘The Philippine Constitution A. Constitution Defined; Purposes Definition: the body of rules and maxims in accordance with which the power of sovereignty are habitually exercised. (Cooley) Purposes: to provide fora framework of government, identify basi structures of ‘government and assign their respective powers and duties, establish principles upon which the government is founded and its relationship to its constituents. Constitutions classified: Written or unwritten; Rigid or flexible; Enacted or evolved Nicolas v. Romulo, 578 SCRA B, History of the Philippine Constitution + Pre-Hispanic period: system of laws promulgated by the datu and/or council of elders. ~ 1521: start of the Spanish Regime/Civil Law of Spain was enforced for 300 years ~ June 12, 1898, Proclamation of the Philippines Independence ~ January 21, 1899; Establishment of the First Philippine Republic Adoption of the Malolos Constitution ~ December 10, 1898: signing ofthe Treaty of Paris where Philippines was ceded to U.S.A; organization of a military government by US. A. ~ Creation of the Schurman Commission (First Philippine Commission) = Taft Commission (Second Philippine Commission) ~ _Tuly 4, 1901: with the Spooner Amendment, civil government was established with William Harvard Taft as Governor. ~ Philippine Bill of 1902: called for the creation of the Phil legislature in 1907. ~ Tones Law of 1916: promulgation of the Philippine Autonomy Act creating the Senate and the House of Representatives. ~ _ Tydings ~ MeDuflie Act of 1935: established the Philippine Commonwealth = May 14, 1935: ratification of the Philippine Constitution = November 15, 1935: inauguration of the Commonwealth Government with Quezon as President and Osmefa as Vice President. = World War Il placed the Philippines under the control of Japan and the adoption of the 1944 Constitution ~ July 4, 1946: U. S. A. formally withdrew its sovereignty and Pres assumed the leadership; reinstatement of the 1935 Constitution = September 21, 1972: Declaration of Martial Law of Pres. Ferdinand E, Marcos. ~ _ Tanuary 17, 1973: Adoption of the 1973 Constitution under Proclamation No, 1102. ~ January 17, 1981: Lifting of Martial Law under Proclamation No. 204: = 1985: Call for Snap Election by President Marcos. ~ February 1986 People Power installed President Corazon C. Aquino. = Proclamation No. 1, February 28, 1986 (adoption of a Provisional/Revolutionary Government) = Executive Onder No. 1, February 28, 1986 ~ Proclamation No, 3, March 25, 1986 ( Adoption of a Provisional Constitution) = _ February 2, 1987: adoption ofthe 1987 Constitution Lawyers’ League for a Better Philippines v. Pres. Aquino, G. R. Nos. 73748, 73972 and 73990 May 22, 1986 . Three Basic Parts of a Constitution 1, Constitution of Liberty: Bill of Rights 2. Constitution of Government: Government Organization and Functions, 3._ Constitution of Sovereignty: Method of Amendment D. Salient Features ofthe Philippine Constitution = Consists of 18 Articles = Retention of the three branches of government ~ Strengthening of the Constitutional Commissions = Autonomy of the local governments, ~ _ Emphasis on empowerment of the people under the Bill of Rights and other related provisions E. The Amending Process 1, How instituted Congress, Art. XVII, Sec. 1 Constitutional Convention, Art. XVI, See. 8 ‘The people through initiative, Art. XVII, Sec. 2 2. How ratified: Incase of amendments proposed by Congress or a Convention, Art. XVII, Sec. 4, paragraph 1 ‘In case of amendments proposed through initiative, Art. XVII, See. 4, paragraph 2 pine Commission in a bicameral Manuel Roxas4. Judicial review of the amending process, Art. VIII, Sec. 1, paragraph 1 Lambino v. COMELEC, 505 SCRA 160 F. Self-Executing and Non-executing Provisions Provisions which need congressional ation to take effect G. General Provisions 1. The Philippine flag, Ar. XVI, Se. 1 2. The county's name, national anthem and government seal, Art. XVI, Sec. 3. The Armed Forces ofthe Philippines Concept ofa citizen army, Art. XVI, Seo. 4 Regulation ofthe armed forces, Art. XVI, Seo. 5, Art. XVIII, Sec. 24 4. The national poice, Ar. XVI, Sec. 6 5. The retirement and other benefits: War veterans, Art. XVI, Sec. 7; and Government and private sector retirees, Art. XVI, Sec. 8 6. Consumer protection, Art. XVI, See. 9 7. Mass and advertising media, Art. XVI, Sec. 10 Ownership and management of mass media, Art. XVI, Sec. 11(1) ‘Ovmership of advertising companies, Ar. XVI, Sec. 11(1), Art. XVI, See. 23 1. GENERAL CONSIDERATIONS A. Concept of a State 1. State Defined 2. Elements ofa state 2.1. Territory ~ The Archipelago Concept, Article 1 > Territory ~The Archipelago a, Treaty limits: Treaty of Paris, Art, II ‘Treaty between Spain and U.S. concluded at Washington on November 7, 1900 and that between U.S. and Great Britain on January 2, 1930 b. Method of determining baselines RA. No. 3046, June 17, 1961 Archipelagic straight line R.A. No.5446, September 8, 1968 approach RA. No. 9522, March 10, 2009, Philippine Baselines Law > Other territories over which the Philippines has sovereignty or jurisdiction P.D. No. 1596, June 11, 1978 > Two Hundred-Mile Exclusi P.D. No. 1599, June 11, 1978 UN. Convention on the Law of the Seas, April 30, 1982 2.2, People > Different meanings of words “people” 1. “People” as inhabitants, Art. XIII, Sec. 1; Art. IMl, See. 2 Qua Chee Gan v. Deportation Board, 9 SCRA 27 (1963) ». “People” as citizens, Preamble, Art. I Sections 1 and 4; Art. II, Sec. 7 c. “People” as sourve of sovereignty, Art. VII, Sec. 4 2.3. Sovereignty; Dominion and Imperium, distinguished Isagani Cruz v. Sec. of DENR, G. R. No, 135385, Dec. 6, 2000 Frivaldo v. COMELEC, 257 SCRA 727 2.4, Territorial, Personal, and Extra-terrtorial Jurisdiction B, Citizenship, Art. IV 1, Natural-born citizens Art. TV, See. 2 Public Officers who must be natural born citizens: + President Art VIL, See, 2 - Vice President ~ Members of Congress Art. VI, Sections 3 and 6 + Justices of the Supreme Court and lower collegiate courts, Art. VII, See. 7 (I) - Ombudsman and his deputies, Art, XI, Sec. 8 ~ Members of the Constitutional Commission, Art. IX, B, Sec. 1 (1); C, Sec. (I); and D, See. 1(1) = Members of the Central Monetary Authority, Art. XIT, Sec. 20, Members of Commission on Human Rights Art. XIII, soc. 17 (2) Former natural born citizens as transferees of private lands, Art, XII, $e.8 2, Naturalized citizens under Com. Act No. 473 Who are qualified to be naturalized? Sec. 2 When is the 10-year residence requirement reduced to 5 years? Sec. 3 Who are disqualified to be naturalized? Sec. 4 Declaration of Intention, Sec. 5 Procedure, Sections 7-8 When decision is executed, Sec. 1 Effect on wife and minor children, See. 15 Denaturalization, Sec. 18 Economic Zone under the follow43. Citizenship by legislative act 4. Loss and Reacquisition of Citizenship. Art. IV, See. 3, Sec. 2 5. Dual Citizenship: R.A. No, 9139 - The Administrative Naturalization Law of 204 R.A. No, 9225 — Citizenship Retention and Reacquainted Act of 2003, R.A. No. 9189 ~ Overseas Voting Law ‘Nicolas- Lewis v. COMELEC 497 SCRA 649 Ine: Vicente Ching, Bar Matter No. 914, 513 SCRA 267 Tak Ng v. Republic, GR. L-13017, December 23, 1959 C. Sovereign/ State Immunity 1, Basis, Art. XVI, See. 3 Dept. of Agriculture v. NLRC, 227 SCRA 2. When a suit is against the state and when itis not 3. Consent; Manner by which consent is given GTZ v. CA, 585 SCRA 150 Express consent ‘Money claims arising from contracts Yujuico. Atienza, 472 SCRA 463 ‘Torts committed by special agents under the Civil Code, Art. 2180(Consent to be sued includes actions for tort) Teotico v. City of Manila, 22 SCRA 267 (1968) Incorporation of government owned or controlled corporations PNR y, Kanlaon Construction, Inc, G.R. No. 182967, Apr. 6, 2011 Implied consent ‘When the Government enters into business contracts EPG Construction v. DPWH See. Vigilar, 354 SCRA 566 ‘When it would be inequitable for the Government to claim immunity Department of Education v. Oiate 524 SCRA 200 4. Scope of Consent Chaves v. Sandiganbayan, 193 SCRA 282 D. Doctrine of Separation of Powers ‘The doctrine of separation of powers is a principle of government under whiel branches of government are empowered to carry out functions without interf from another branch. Angara y. Electoral Tribunal, 63 Phil. 139, 158 (1936) Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22,2004 How principle is violated: E, The Principle of Checks and Balances ‘This principle in constitutional law where there isa syste to limit actions of another branch in keeping with the doctrine of separation Consolidated Petitions: Belgica et.al. v. Executive Secretary et.al. G.R.No. 2 ¥, Drilon et.al. GR. No. 208493, and Nepomuceno et. al-v. Pres. Aquino et al, 2013(PDAF is unconstitutional) ‘Consolidated pettons of Araullo v. Aquino, G.R. No.209287, July 1, 2014(DAP F, Delegation of Powers ‘Two tests of valid delegation: Completeness test and sufficient standard test How law-making power is delegated: suppletory rule-making (filling in details the law) and contingent rule-making(ascertaining the facts to bring the law into, Abakada v, Sec. Purisima, 562 SCRA, 251 G, Forms of Government “Government” in general defined “Government ofthe Philippines” defined See Revised Administrative Code, Sec. 2 See Article VIl and Article X H, Fundamental Powers of Government 1. Police Power History of Police Power, Read Dissenting Opinion of Chief Justice Puno in Lim v. Pacquing, 240 SCRA 649 When exercise of police power may be questioned ‘MMDA v. Bel-Air Village Assn, 328 SCRA 836 2. Power of Eminent Domain ‘Moday v. C. A. 268 SCRA 586 3. Power of Taxation ‘Quezon City v. ABS-CBN, 166408, October 6, 2008 IIL GENERAL PRINCIPLES AND STATE POLICIES A. Principles 1. Sovereignty of the People and Republicanism (Art. I, Sec. 1 and Art. V) Macquiling v. COMBLEC, G.R. No, 195649, July 2, 2013 three separate srenee or encroachment interference and assumption to another branch's functions ame rwgacon fu alors one rh powers. 3566, Alcantara et. al, -R. No.209251, Nov. 19, is unconstitutional) ensure enforcement of pperation)2, Adherence to International Law (Preamble, Art. I, Sec. 2, Sections 7-8) Secretary of Justice v. Judge Lantion, 343 SCRA 377 3. Supremacy of Civiian Authority (Art Il, Sec. 3, Art. VIL, Sec. 18, Art. XVI, See, 5(4), Art. XVI, Sec. 5@)) 4. Government as Protector ofthe People and People as Defender of the State (Art, Il, Sec. 4 and See. 5) 5. Separation of Church and State (Art I, Sec. 6, Art. II, See. 5, Art. IX,C, 25), and Art, VI, See. 5 (2)) Exceptions: ‘Art. VI, Seo. 28(3) and Sec. 29(2); Art. XIV, Sec. 3(3) and See. 4(2) B. Policies 1. Independent foreign policy and a nuclear-free Philippines (Art. Il, Sections 7-8 and Art. XVIII, Sections 4and 25) 2, A just and dynamic social order (Preamble, Art. I, Sec. 9) 3. The promotion of social justice (Art. I, See. 10, Art. XIII, Sections 1-2, Art. I, See. 26 and Art. VIL, Sec. 13, par. 2) 4, Respect for human dignity and fuman rights (Art Il, See. 11, Art, Il, Sections 17-19, and Azt. XVI, Se. 52) 5. Fundamental equality of women and men (Art. II, See. 14; Art. XIII, See. 14) 6. Promotion of health (Art. II, Sections 15-16 and Art, XIII, Sections 11-13) 7. The priority of education, science, technology, arts, culture and sports (Art. Il, Sec. 17; and Art. XIV, Sec. 2) 8. Urban land reform and housing, (Art. XIII, Sections 9-10) 9, Reform in agriculture and other natural resources (Art. I, Sec.21; Art. XII, Sections 4-8) 10, Protection of Labor (Art Il, Sec. 18 and Art. XIM, Sec. 3) The right of government workers to form unions (Art. I, Sec. ; Art. IX,B, Sec. 25) 11, Independent people's organizations (Art. Il, Sec. 23; Art. XIII, Seetions 15-1 12, The Family as a Basic Autonomous Social Institution (Art. II, Se. 12, Art. XV (The Family); Art. I, Sec. 13) See Civil Code, Art, 52: Marriage is not a mere contract but an inviolable social instittion. 13, A selfreliant and independent economic order (Art. Il, Sec. 19, Sec. 20); ‘Art. XII (National Economy and Patrimony) 14. Communication and information in nation-building (Art. Il, Sec. 24, Art. XVI, Sections 10-11, Art. XVI, See. 23) 15, Autonomy of local government (Art. I, Sec. 25, Art. X (Local Government) 16, Recognition of the rights of indigenous cultural communities (Art. Il, Sec. 22, Art. VI, Sec. (2), Art. XII, Sec. 5, Art. XII, Sec. 6, Art. XIV, Sec. 12) Consolidated Petitions: Province of Cotabato v. G.RP., G.R. No. 208566, October 14, 2008 17. Honest Public Service and Full Public Disclosure (Art I, Sec. 27, Art. XI, Sections 4, 5-15), Art Il See. 28, Art. XI, sec. 17, Art. VIL, Sec. 12, Art. VIL, Sec. 20, Art. XIL, Sec. 21, Art, XII, Sec. 2, par. 5, Art Vi, Sections 12 and 20, Art. IX,D, Sec. 4, and Art. Ill Sec. 7) €. Social Justice, Human Rights and other Guaranteed Rights 1, Social Justice defined, Art. XIU, Sec. 1, Sec. 2 Calalang v. Williams, 70 Phil. 726 (1940) Note: How Social Justice is defined by the Supreme Court. 2, Aspects of social justice a. Labor, Art. XUIL, See. 3 'b. Agrarian and natural resources reform, Art. XIII, Sections 4-8 Tano et.al. v. Socrates et al, G. R. No. 110249 ©. Urban land reform and housing, Art XIII, Sections 9-10 City of Mandaluyong v. Aguilar, 350 SCRA487 4, Health, Art. XII Sections 11-13 © Women, Art. XIIL, Sec. 14 3. People’s organizations, Art, XIII, Sec. 15 4. Education ‘a. Right to quality education, Art. XIV, Sec. 1 Miriam College v. CA 348 SCRA 215 bb, Educational mandate of the state, Art. XIV, Sec. 2, Sec. $ University of San Agustin v. CA 270 SCRA'761 ©. The educational system, Art, XIV, Sec. 3, Sec. 4 Ateneo v. Capulong 222 SCRA 643 5. Language, Art. XIV, Sections 6-9 National Language: Filipino Official Language: Filipino and English Auxiliary official languages: regional languages ‘Voluntary and optional languages: Spanish and Arabic 6. Science and technology, Art. XIV, Sections 10-13, 7. Arts and Culture, Art. XIV, Sections 14-18 8. Sports, Art. XIV, Sec. 199. The Family, Art. XV Imbong et. al. v. Ochoa et.al. (Consolidated Petitions) G.R.No. 204819, April 8, 2013(Constitutionality of RH Law) IV. LEGISLATIVE DEPARTMENT ‘A. Who may exercise law-making powers? 1. Congress 2. Local Legislative Bodies under the principle of delegation of powers 3. Electorate (people's initiative on statutes, initiative and referendum) 4, Emergency powers exercised by the President under Martial Law Rule or in a Revolutionary Goverament 'B. Composition of Congress, Qualifications of Members, and Term of Office 1, Senate (Art. VI, Sections 2-4) 2, House of Representatives (Art. VI, Sections 5-8) District representatives and apportionment Party list system ‘Ang Ladlad v. COMELEC, G.R.No. 190582, April 8, 2010 3. Election of Members Regular election (Art. VI, Sec. 8) Special election (Art. VI, Sec.9) 4, Salaries, Privileges and Disqualifications/Inkibitions Salaries (At, VI, Sec. 10 and Art. XVIII, See. 17) Freedom from Arrest (Art. VI, Sec. 11, Rev. Penal Code, Art. 145) Speech and Debate Clause (Art. VI, See. 11) Disqualifications/inhibitions Incompatible and Forbidden Orfices (Art. VI, Se. 13) Other Prohibitions (Art. VI, Sec. 3) Duty to Disclose (Art. XI, Sec. 17, Art. VI, Sec. 12, See. 20) 5. Organization and sessions Election of officers (Art. VI, See. 16 (1)) b. Quorum (Art, VI, Sec. 16(2)) ©. Rules of proceedings (Art. VI, Sec. 16(3) and Sec. 21) 4, Joumal and Record (Ar. VI, Sec.16(4)) (1) ‘The Enrolled Bill Theory @) Probative Value of the Journal G) Matters to be Entered in the Jounal Yeas and nays on third and final reading of a bill (Art. VI, Sec. 26(2]) Veto message ofthe President (Art. VI, Seo. 27(1}) Yeas and nays on the repassing ofa bill vetoed by the President (Art. VI, Sec. ami) Yeas and nays on any question at the request of 1/5 of Sec.16(4)) (4) Journal Entry Rule vs, Enrolled Bill Theory (3) Congressional Record (Art. VI, sec. 16(4), par. 2) ©. Sessions CQ) Regular sessions (Art, VI, Sec. 15 and See. 16(5)) (@) Special sessions (Art. VI, Sec. 15, Art. VIL, Sections 10-11, 4, Legislative Process ‘Requirements as to bills Q) As to tiles of bills (Art. VI, See. 26(1)) (@) Requirements as to certain laws (@) Appropriations laws, Art. VI, Sec. 25 & 29 and Art. VIL, S Demetria v. Alba, G.R. No. L-45129, March 6, 1987 (b) Tax laws (Art. VI, Sec. 28, Art. XIV, Sec. 4(3)) YMCA v, Collector of Internal Revenue, 33 Phil. 217 (1916) (© Grant of Franchise Del Mar v. PAGCOR, 346 SCRA 484(2000) b. Procedure for the passage of bills (Art. VI, Sec. 26 (6) c. Effectivty of laws (Civil Code, Art. 2) Tanada v. Tuvera, 136 SCRA 27(1985) yembers present (Art. VI, Art, VIL, See. 18, par. 3) 22 ‘Same, resolution of motion for reconsideration, G. R. No. 63915, ec. 29, 1986, 5. Powers of Congress >General plenary powers (Art. VI, See. 1) Limitations on exercise of legislative powers @) ‘Substantive limitations a. Express substantive limitations (Art. III under the Billo 25 and 28, Art. XIV, Sec. 4(3), Art. VI, Sections 29, 30 and ‘Rights, Art. VI, Sections 31)». Implied substantive limitations Prohibition against delegation of legislative powers Prohibition against passage of irrepealable laws Exemptions fo Non-delegation Doctrine - Delegation to the President: Art VI, Sec. 23(2) and Se - Delegation to the people (Art, VI, Sec. 32) (2) Procedural limitations (Art. VI, Sec. 32) Legislative VETO or approval of extension of suspensi corpus or declaration of martial law (Art. VII, Sec, 18) Approval of Presidential Amnesties (Art, VIT, Sec. 19) Concur in Treaties (Art. VII, Sec, 21) sees Power with regard to utilization of natural resources ( £ Amendment of the Constitution (Art. XVI, Section 12) >Non-legislative powers ‘&. Question Hour: (Art. VI, See. 22) b. Legislative investigation (Art. VI, Sec.21) ‘Senate of the Philippines v. Ermita, 488 SCRA | Neri v, Senate Committees ©. Actas board of eanvassers for presidential election (Art, Lopez v. Senate of the Philippines, G.R.No. 163556, Ju HOR as Board of Canvassers) 4. Power of Impeachment ‘Who are subject to impeachment (Art. XI, Sec. 2) Grounds for impeachment (Art. XI, See. 2) Procedure for impeachment (Art. XI, Sec, 3(1)-(6)) Consequence of impeachment (Art. XI, Sec. 3(7)) Francisco v. House of Representatives, 415SCRA 44 Gutierrez v. House of Representatives, G. R. No. Feb. > Powers under Special Constitutional Bodies Electoral Tribunals (Art. VI, Sections 17 and 19) ‘Duenas v. HRET, 593 SCRA 316 Pimentel v. COMELEC,G.R. No. 178413, March 13, 2 ‘Commission on Appointments (Art. VI, Sections 18-19) Tatad v. Commission on Appointments, G.R. No. 183171, 6. Discipline of Members (Art. VI, Sec. 16(3)) 280) mn of privilege of habeas Declaration of war and delegation of emergency powers (Art. VI, Sec. 23) XII, Sec. 2) VIL, Sec. 4, par.4) 1e 8, 2004 (Senate and 5, 2011 108 tugust 11, 2008 Y. EXECUTIVE BRANCH A. The President 1, Qualifications, election, term and oath, (Art. VII, Sections 2, 4 and 5) 2, Privileges and salary (Art. VII, See. 6) 3, Prohibitions (Art. VII, Sec. 13) Compare prohibition against other officials (Art. VI, Sec. 13, Art. IX, A, Sec. 2 and Art. IX, B, See. 7) Exceptions to rule prohibiting executive officials from holding another office; Vice President as member of the cabinet (Art. VIIL, See. 3, pat-2) Secretary of Justice as member of Judicial and Bar Couneil (Art. VIL, Sec. say 3. Powers and Functions of the President > Executive power, (Art. VIL, Sections I and 17) > Control of executive department (Art, VII, Sec. 17) Ople v. Torres, 293 SCRA 141(1998) Concept of Qualified Political Agency Fortich v. Corona, 298 SCRA 678(1998) > General supervision of local government and autonomous and Sec. 16) Joson v. Executive Secretary, 290 SCRA 279(1998) > Power of appointment With consent of Commission on Appointments Upon recommendation of the Judicial and Bar Council regions (Art. X, Sec. 4 (a) Heads of departments (Ast. VIL, See. 16) (b) Ambassadors, public ministers, and consuls (Ast. VII, Sec. 16) (©) Officers of the armed forces from the rank of colonel and naval captain (Art. VIL, Sec. 16) (@ Chairman and members of Constitutional Commissions (Art. IX, B, Sec. 1(2), C, Sec. 1(), and D, See. 1(2)) (©) Members of the Judicial and Bar Council (Art. VIII, Sec.8(2)) (@) Members of the Supreme Court and all lower courts, (Art. VIII, Sec. 9)(&) Tanodbayan and Deputies (Art, XI, Sec. 9) Limitations on appointing power of the President (Ast, VIL, Sections 13, and 15) Interim or recess appointments, (Art.VI, Sec. 19 and Art. VIL, Sec. 16, par. 2 Limitation on appointing power of Acting President (Art. VIL, Sections 14-15) De Castro v. JBC, GR. No. 191002, March 17, 2010 > Executive clemencies, (Art. VIL, Sec. 19, Art. IX, C, See. 5) (@) Pardon distinguished from probation People v. Vera, 65 Phil. 56 (1937) (b) Pardon distinguished from parole Tesoro v. Director of Prisons, 68 Phil. 154 (1939) (©) Pardon distinguished from amnesty Tolentino v. Catoy, 82 Phil. 300 (1948) (@) Effect of Pardon Cristobal v. Labrador, 71 Phil. 34 (1940) (©) Revocation of Pardon InRe: Wilfredo S. Torres, 2 SCRA 109 Powers as Commander-in-Chief (Art. VII, Sec.18, Art. II] Sec, 15, Art. VII, See. 1, par.2) Emergeney powers (Art. VI, Sec. 23(2)) Contracting and guaranteeing foreign loans (Art. VII, Sec. 20, Art. XII, Sec. 21, R.A.No. 4860) Power over foreign affairs ‘Treaty making power (Art. VII, Sec. 21) Treaty distinguished from executive agreements Arthur Lim et al v. Executive Secretary GR No. 131445, Aprill1, 2002 Bayan Muna v. Zamora, GR No, 138570, Oct. 10, 20 > Deportation of undesirable aliens Harvey et al v. Defensor-Santiago, 162 SCRA 1988 > Power over legislation (@) Address Congress (Art. VII, Sec.23) (b) Preparation and submission of the budget (Art. VID) Phileonsa v. Enriquez 235 SCRA 506 (©) Veto power (Art. VIL, Sec. 27) Bengzon v. Drilon, 208 SCRA 133 (@) Emergency power (Art. VI, Sec. 23(2)) (©) Fixing of tariff rates (Art. VI, Sec.28(2)) President’s Immunity from suit Rationale for the rule Carillo v. Marcos, Resolution, G. R. No. 56461, April 6, 1981 Estrada v. Desierto, 353 SCRA 452(2001) vy vy v B.The Vice President 1. Qualifications, election, term and oath (Art. VII, Seetions 3, 4, and 5) 2, Privileges and salary (Art. VII, See. 6) 3, Prohibitions (Art. VII, Sec 13, Sec. 3, par. 2) C. Succession (Art. VII, Sec.9) 1. In case of vacancy at the beginning of term (Art. VIL, Sec. 7 and Sec. 10) 2. In case of vacancy during term (Art. VIL, Sec. 8 and Sec. 10) 3, In case of temporary disability (Art. VII, Sections 11-12) D. Removal (Art. XI, Sections 2-3) Read provisions on the process of impeachment VI. THE JUDICIARY A. The Supreme Court 1, Composition (Art. VIII, Sec. 4) 2, Appointment and qualifications (Art. VIII, See. 7, Sec.8 (S), See.9) Biraogo v. Nograles et. al,, 580 SCRA 106 3. Salary, (Art. VIIL, Sec. 10, Art. XVII, See. 17) 4, Tenure (Art VIIL, Sec. 11, Sec. 1, Sec. 2, par. 2) 5. Removal (Art, X1, Sec. 2) 6, Jurisdiction (Art. VII, See. 1, Sec. 2, par.2, Sec. 5, Art VI, See. 30, Ar. VII, Sec. 18) Lozano v. Nograles 589 SCRA 35617. Report on the judiciary (Art. VII, Sec. 16) ‘8. Manner of sitting and votes required (Art. VIIL, See. 4) Rule: Divisions of the Supreme Court do not diminish its authority 9. Requirements as to decision (Art. VIII, Sections 13-14) 10. Periods for deciding cases (Art. VIII, Sec. 15, Art. VII, Sec. 18, par. 3, Art. XVIML, Sections 12-14) B. Theory and Justification of Judicial Review Consolidated Petitions (Belgica and others) supra De los Santos v. COA, G.R. No.198457, August 13, 2013 . Conditions for the Exercise of Judicial Review IBP y, Zamora, G. R. No, 941284, August 15, 2000 D. Funetions of Judicial Review: Checking, Legitimating and Symbolic Sanlakas v. Executive Secretary, 421 SCRA 656 (2004) Distinguish between the overbreadth and vague for vagueness doctrines Demetriav. Alba, G.R. No. 71977, February 27, 1987 General Rule: All courts can exercise judicial review Ynot v. IAC, G. R. No. 74457, March 20, 1987 Effect of Declaration of Unconstitutionality Under Civil Code, Art 7, Statute is void when declared unconstitutional Serrano de Agbayani v. Philippine National Bank, 38 SCRA 429 (1971) Statute is not always void but may produce legal effects , The Supreme Court as Presidential Electoral Tribunal, (Art. VII, See. 4, par. 4) Legarda v. De Castro 542 SCRA,125 G. Administrative powers 1. Supervision of lower courts (Art, VIII, Sec.6) 2. Discipline of hudges (Art. VIL, Se. 11) 3. Appointment of officials and employees of entire judiciary (Art, VII, Sec. (6) HL. Lower courts 1. Qualifications and appointment (Art. VII, Sec. 7(1)(2), Sec. 8(5), See.9) 2. Salary (Art. VI, See. 10) 3. Tenure (Art. VIT, Sec. 11, See. 1, Se. 2, par.2) 4. Removal (Art. VI, Sec. 11) 5. Jurisdiction (Art, VI Sec. 1) 6. Requirements as to preparation of decisions (Art. VII, Sec-14) 7. Period for deciding (Art, VIM, Sec. 15 and Art. XVIII, Sections 12-14) 8. No non-judicial work for judges (Art. VII, See. 12) L.The Judicial and Bar Counell (Art. VII, sec. 8) De Castro v. JBC, G. R. No. 191002, March 17, 2010, supra Chavez v, JBC et al, G.RNo. 202242, July 17, 2012 ‘VIL. THE CONSTITUTIONAL COMMISSIONS A. Civil Service Commission 1. Composition and qualification of Commissions (Art. IX, B, Sec. par. 2) Appointment and term of office of Commission (Art. IX, B, Sec. ‘Appointment of personnel of CSC (Art. IX, A, Sec. 4) Salary (Art. IX, A, Sec. 3 and Art. XVIIL, Seo. 17) Disqualification (Art. IX, A, Sec. 2) ‘Removal by Impeachment (Art. XI, Sec. 2) Functions of the CSC (Art. IX, B, See.3, Art. IX, A, Sections 7 ‘Scope of the civil service (Art. IX, B, Sec. 2(1)) ‘Terms and conditions of employment inthe civil service (1) Oath ofallegiance to the Constitution (Art. IX, B, sec. 4 and Q) Merit system (@) Appointment of lame ducks (Art. IX, B, Sec. 6) (©) Appointment or designed of elective and appointive offi Art. VIL, Sec. 13 and Art. VI, Sec. 13) (3) Standardization of pay and ban on double compensation (Art (4) Ban on partisan political activities (Art. IX, B, See.2(4)) (3) Removal or suspension only for cause (Art. IX, B, Sec. (3)) (©) Summary removal (7) Right of sclforganization (Art, Il, Sec. 8, Art. IX, $e0.2(5) 10. Review of decision of the CSC (Art. IX, A, Sec. 7) 11, Fiseal independence (Art IX, A, Sec. 5) CSC, DBM, 464 SCRA 115 B. Commission on Elections 1. Composition and qualification of Commissioners (Art. IX, C, Sec.1 (1), Art. Cayetano v. Monsod, G.R. No. 100113, September 3, 1991 1(0), Ast. VIL, See. 13, 10)) id 8) Art, XI, Sec. 18) ls (Art. IX, B, Sec. 7. IX, B, Sec. 5, Sec. 8) 1, See. 13, par. 2)Appointment and term of office of Commissioners (Art. IX, C, Sec. 1(2)) Appointment of personnel (Art. IX, A, Sec. 4) Salary (Art. IX, A, Sec. 3, Art. XVII, Sec. 17) Disqualifications (Art. IX, A, Sec. 2) Removal by Impeachment (Art. XI, Sec. 2) Powers and Functions of the COMELEC (Art. IX, C, See.2) Enforce election laws (Art. IX, C, Sec.2 (1), Sec. 10) Decide administrative question pertaining to elections, except the right to vote (Art. IX, sec. 2(3)) File Petition for inclusion or exclusion of voters (Art. IX, C, Sec. 2(6)) Prosecute election law violators (Art. IX, C. Sec. 2(6)) Recommend pardon, parole or suspension of sentence of election, except t right to vote (Art IX, C, Sec. 5) Deputize law enforcement agents and recommend their removal (Art. IX, C, Sec. 2(4), Sec. 2(8)) REGISTRATION of political parties, organizations, and coalitions and ACCREDITATION of citizens’ arms (Art. XI, C, Sec. 2(5)) Registration under the party-list system (Ast. IX, C, Sections 6, 7 and 8 and Art.VI, See. 5(2), Art. XVIII, Sec. 7) BANAT V. COMELEC, 592 SCRA 294 Regulation of public utilities and media of information (Art. IX, C, See. 4, Sec. 9) ‘ABS-CBN v. COMELEC, G.R. No. 133486, January 28, 2000 ‘Decide election contests and cases (Art. IX, C, Sec. 2(2) Sec. 3) Rule-making (Art. IX, A, Sec. 6) Other functions (Art. IX, A, Sec. 8) Actas National Board of Canvassers for Senators Pimentel v, COMELEC, 548 SCRA 169, supra Review of COMELEC decisions, orders, and resolutions (Art. IX, A, Sec.7) Fiscal Autonomy (Art. IX, A, See. 5) ©. Commission on Audit ‘Composition and qualification (Art. IX, D, Sec. I(1), Art. VIL, Sec. 13, par, 2) Appointment and term of Commissioners (Art. IX, D, Sec. 1(2)) “Appointment of COA personnel (Art. IX, A, Sec. 4) Salary (Art. IX, A, See. 3, Art. XVIII, See. 1) Disqualifications (Art. IX, A, Sec. 2) ‘Removal by Impeachment (Art. XI, Sec. 2, Art. IX, A, Sec. 6) Power and functions (Art. IX, D, Sec. 2, Sec. 3, Art. VI, Sec. 20 Rulemaking (Art. IX, A, Sec. 6) Other functions (Art. IX A, Sec. 8) 10. Review of decisions of the COA (Art. IX, A, See. 7) 11, Fiscal Autonomy, Art. IX, A, Sec. 5 DBP v. COA, 373 SCRA 356 VIII. OTHER SPECIALBODIES ‘A. Sandiganbayan (Art XI, Sec. 4) ‘Serena v. Sandiganbayan $42 SCRA 224 B. Ombudsman ‘Composition (Art. XI, Sec. 5) Qualification (Art. XI, Sec. 8) Appointment and term (Art. XI, Sections 8 and 11) Rank and Salary (Art. X1, See. 10) Disqualifications (Art. XI, Sec. 8, Art, IX, A, Sec. 2) Jurisdiotion (Art. XI, Seo. 12) Office of the Ombudsman v. CSC 451 SCRA 570 7. Powers and functions (Art. X1, Sec. 13) 8. Fiscal autonomy (Art, XI, Sec. 14) 9. Appointment of personnel (Art. XI, Sec. 6) C. Office of the Special Prosecutor (Art. XI, Sec. 7) D. Central Monetary Authority 1, Composition and qualification of members (Art. XHL, Sec. 20) 2. Functions (Art. XIL, Sections 20-21) E, Economic and Planning Agency (Art. XII, Sections 9-10) 1. Goal (Art. XI, Sec.1) ‘Again v. PIATCO,402 SCRA 612(2003) 2. Natural Resources Oposa v. Factoran, 224 SCRA 792 a. Citizenship requirement, Art. XII, Sec. 2, Art. XIL, Sec. 7 Classification, size and conditions for grant of public lands (Art XII, Sec. 3) ‘Chavez v. PEA, 384 SCRA 152IX. NATIONAL COMMISSIONS X. LOCAL References: Y. V. Mendoza, Bar Review Guide in Political Law (1987) Enrique M. Isagani M. Cruz, Political Law Rene B. Gorospe, Constitutional Law, Volumes I and II (2006) Miriam Defensor- Santiago, Constitutional Law ‘J. Midas Marquez, The Constitutional Philosophy of Philippine Jurisprudence Antonio B. Nachura, Outline in Political Law Review (2006) © Conservation of forestlands and national parks (Art. XI, Sec. 4) 4. Protection of ancestral lands of indigenous cultural communities (Art. La Bugal-B'laan Tubal Assn v. Ramos, 445 SCRA 3. Private tands Citizenship requirements (Art. XII, See. 7) b. Exception (Art. XII, Sec. 8) ©. Agrarian reform (Art, XIII, Sections 4-8) 44. Urban land reform and housing (Art. XIII, Sections 9-10) 4. Regulation of economic activities a. Rationale (Art. XIL, Sec. 6, Sec. 12, Sec. 13) Republic v. MERALCO, 391 SCRA 700(2002) ‘The NEDA and development program (Art, XII, Sections 9-10) ‘Organization and regulation of private corporation (Art. XII, Set Operation of public utilities (Art. XII, Sec. 11, Sec. 17) Practice of professions (Art. XIL, Sec. 14) State operation of private enterprises (Art. XI, Sections 17 and ‘Monopolies, combination, and unfair competition (Art. XII, Sec. ‘Money, banking and credit (Art. XML, Sections 20-21) ‘Cooperatives (Art, XII, Sec. 15) ‘A. Commission on Human Rights a. Composition and qualification of member (Art. XIII, Sec. 17) ’, Powers and functions (Art. XIU, Sections 18-19) . Fiscal autonomy (Art. XIN, Sec. 17(4)) B. National Language Commission (Art. XIV, Sec. 9) C. National Police Commission, (Art. XVI, Sec. 6) D. National Commission on Indigenous Cultural Communities (Art. XVI GOVERNMENTS A. Local Government Units (Art. X, Sec.1) B. Autonomy of local government (Art. Il, Sec. 25, Art. X, Sec. 2) Batangas CATV v. CA 439 SCRA 326 1. General supervision of local government by the President (Art. X, Sec. 4, S 2, Local Government Code (Art. X, Sec. 3) a. Term of office of local officals (Art. X, Sec. 8) ‘Sandoval v. COMELEC G.R. No. 154683, November 17, 2002 ». Local legislative bodies, Art. X, sec. 9 Catu v, Rellosa 546 SCRA 209 ¢. Creation, abolition, division or merger of local government units (Art. X, League of Cities ofthe Philippine v. COMELEC, G. R. No. 176951, Apri 4. Metropolitan political subdivisions (Art X, Sec. 11) ©. Right to vote (Art. X, Sec. 14) Ceniza v. COMELEC, 95 SCRA 763 (1980) 3. Powers of local governments a. Revenue and taxing power (Art. X, Sec. 4) ‘MIAA v. CA 495 SCRA 591 ». Share in national taxes (Art. XI, See. 6) «. Share in the proceeds of national wealth (Art. X, Sec. 7) 4. Coordination of efforts, services and resources for common benefit ( 4, Creation of autonomous regions «a. Creation (Art X, Sections 15, 18, and, 19) ’, Powers of autonomous regions (Art. X, Sections 17, 20 and 21) «. General supervision and discipline of local officials, Art. X, sec. 16 ‘Miranda v, Sandiganbayan 464 SCRA 165 Fernando, The Constitution of the Philippines (1977) XII, See. 5) 16) 8) 19) , Sec.12) ©, 16) See. 10) 12, 2011 X, Sec. 13) 10