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CONSTITUTIONAL LAW 1
Table of Contents
Chapter I. The State .................................................3
I.
Territory .......................................................3
A.
1987 Const., Art. I ...................................3
B.
Treaty of Paris, Art. III .............................3
C.
Archipelagic Doctrine ..............................4
II.
People..........................................................4
A.
Definition .................................................4
B.
Citizenship ..............................................4
III.
Sovereignty..................................................6
A.
Kinds .......................................................6
B.
Theory of Auto-Limitation ........................6
C.
Dominium v Imperium ........................6
D.
Jurisdiction ..............................................6
E.
Suits Against the State and the Doctrine
of Sovereign Immunity......................................7
IV. Government .................................................8
A.
Definition .................................................8
B.
Functions ................................................8
C.
Doctrine of Parens Patriae ......................8
D.
De Jure and De Facto Governments.......9
Chapter II. Structure and Powers of Government
Separation of Powers ............................................10
I.
Legislative Department ..............................10
A.
Nature and Classification of Legislative
Power .............................................................10
B.
Composition, Qualifications and Term of
Office10
C.
Election .................................................11
D.
Salaries, Privileges and Disqualifications
12
E.
Internal Government of Congress .........13
F.
Electoral Tribunals ................................14
G.
Commission on Appointments ..............15
H.
Powers of Congress..............................16
II.
Judiciary.....................................................21
A.
In General .............................................21
B.
Supreme Court......................................23
C.
Judicial and Bar Council........................25
III.
Executive ...................................................25
A.
The President........................................25
B.
Vice President.......................................41
IV. Constitutional Commissions.......................42
A.
Common Provisions ..............................42
B.
Civil Service Commission......................42
C.
Commission on Elections......................43
D.
Commission on Audit ............................44
V.
Constitutionally-Mandated Bodies .............44
A.
Sandiganbayan .....................................44
B.
Ombudsman .........................................44
C.
Commission on Human Rights..............45
Chapter III. National Economy and Patrimony.....46
I.
General Principles .....................................46
A.
Goals.....................................................46
B.
Citizenship Requirements .....................46
C.
Filipino First...........................................46
II.
Natural Resources .....................................46
A.
Regalian Doctrine [Jura Regalia] ..........46
B.
2
CONSTITUTIONAL LAW I
Earla Langit
Lead Writer
Abigail Alameda
Maricor Estrella
Kate Lomoljo
Writers
POLITICAL LAW
Jennifer Go
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
II.
III.
IV.
I.
TERRITORY
A. 1987 CONSTITUTION, ART.
RT. I
B. TREATY OF PARIS
C. ARCHIPELAGIC DOCTRINE
DOCTRIN
PEOPLE
A. DEFINITIONS
B. CITIZENSHIP
SOVEREIGNTY
A. KINDS
B. THEORY OF AUTO-LIMITATION
LIMITATION
C. DOMINIUM V. IMPERIUM
D. JURISDICTION
E. SUITS AGAINST THE STATE
ST
AND THE
DOCTRINE OF SOVEREIGN
SOVEREIG IMMUNITY
GOVERNMENT
A. DEFINITION
B. FUNCTIONS
C. DOCTRINE OF PARENS PATRIAE
D. DE JURE AND DE FACTO GOVERNMENTS
Territory
(Asked 7 times in the Bar)
3
CONSTITUTIONAL LAW I
CONSTITUTIONAL LAW I
C. Archipelagic Doctrine
Elements:
1. Internal waters waters around, between and
connecting the islands of the archipelago
2. Straight baseline method consists of drawing
straight lines connecting appropriate points on
the coast without departing to any appreciable
extent from the general direction of the coast,
in order to delineate the internal waters from the
territorial waters of an archipelago
Refer to PIL, Chap. 12, II for further discussion
on Baselines
II. People
B. Citizenship
A. Definition
The term assumes three different meanings,
depending on the context in which it is used:
(NACHURA)
1.
ii.
2.
3.
2.
Natural-born
i. citizens of the Philippines from birth without
having to perform any act to acquire or
perfect their Philippine citizenship; and
ii. those who elect Philippine citizenship in
accordance with ARTICLE IV, Section 1 (3)
4
CONSTITUTIONAL LAW I
4.
ii.
requirements:
a.) be 21 years of age
b.) be a resident for 6 months
c.) have good moral character
d.) have no disqualification
Naturalization is never final and
may be revoked if one commits acts
of moral turpitude. [Republic vs Guy
(1982)]
Repatriation
Repatriation results in the recovery of
the original nationality. Therefore, if he is
a natural-born citizen before he lost his
citizenship, he will be restored to his
former status as a natural-born Filipino.
[Bengson III vs. HRET (2001)]
6.
both a mode of
reacquiring citizenship
acquiring
and
Dual Allegiance
i. aliens who are naturalized as Filipinos but
remain loyal to their country of origin (cite
source)
ii. public officers who, while serving the
government, seek citizenship in another
country (cite source)
5
CONSTITUTIONAL LAW I
(b)
citizens; and/or
are in active service as commissioned or noncommissioned officers in the armed forces of the
country which they are naturalized citizens.
III. Sovereignty
(Asked 4 times in the Bar)
A. Kinds
1.
2.
3.
4.
B. Theory of Auto-Limitation
C. Dominium v Imperium
[Lee Hong Hok v. David, (1972)]
Dominium
Regalian doctrine
Imperium
6
CONSTITUTIONAL LAW I
D. Jurisdiction
1.
KINDS:
i. Territorial jurisdiction
ii.
Personal jurisdiction
1.
2.
3.
ii.
Implied consent
Special Agent
one who receives a definite and fixed
order or commission, foreign to the
exercise of the duties of his office if he is
a special official. [Merritt v. Govt of the
Philippine Islands, (1916)]
7
CONSTITUTIONAL LAW I
b.
c.
IV. Government
(Asked two times in the Bar)
A. Definition
Sec. 2(1) Administrative Code. Government of the
Republic of the Philippines is defined as:
the corporate governmental entity through which the
functions of government are exercised throughout the
Philippines, including
B. Functions
1.
2.
8
CONSTITUTIONAL LAW I
De jure government
i. has rightful title
ii. no power or control, either because this has
been withdrawn from it, or because it has not
yet actually entered into the exercise thereof.
[In re Letter of Associate Justice Puno,
(1992)]
2.
De facto government
i. government of fact, that is, it actually
exercises power or control without legal title.
[Co Kim Cham v. Valdes, (1945)]
9
CONSTITUTIONAL LAW I
II.
III.
IV.
V.
of
LEGISLATIVE DEPARTMENT
A. NATURE
AND
CLASSIFICATION
OF
LEGISLATIVE POWER
B. COMPOSITION, QUALIFICATIONS AND TERM
OF OFFICE
C. ELECTION
D. SALARIES,
PRIVILEGES
AND
DISQUALIFICATIONS
E. INTERNAL GOVERNMENT OF CONGRESS
F. ELECTORAL TRIBUNALS
G. COMMISSION ON APPOINTMENTS
H. POWERS OF CONGRESS
JUDICIAL DEPARTMENT
A. IN GENERAL
B. SUPREME COURT
C. JUDICIAL AND BAR COUNCIL
EXECUTIVE DEPARTMENT
A. PRESIDENT
B. VICE-PRESIDENT
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
B. CIVIL SERVICE COMMISSION
C. COMMISSION ON ELECTIONS
D. COMMISSION ON AUDIT
CONSTITUTIONALLY-MANDATED BODIES
A. SANDIGANBAYAN
B. OMBUDSMAN
C. COMMISSION ON HUMAN RIGHTS
I.
Legislative Department
(Asked 23 times in the Bar)
Nature:
2.
Composition
Qualifications
Term
of
Office
Term Limits
1.
Senate
(Art. VI secs. 2-4)
24 senators elected at large
Natural-born citizen
At least 35 years old on the day of the
election
A registered voter
on the 30
election
Qualifications:
1. Natural-born citizen
2. At least 35 years old on the day of the
election
3. Able to read and write
4. A registered voter
5. Resident of the Philippines for at least 2
years immediately preceding the day of the
election
3 years
3 consecutive terms.
Senate
House of Representatives
(Art. VI secs. 5-8)
Natural-born citizens
th
2.
House of Representatives
(Art. VI Secs. 5-8)
i.
District Representatives
elected
from
legislative
districts
apportioned among the provinces, cities,
10
CONSTITUTIONAL LAW I
ii.
Party-List Representatives
20%
of
the
total
number
of
representatives
3.
C. Election
1.
Regular Elections
2.
Special Election
Qualifications of Representatives:
1. Natural-born citizens
2. At least 25 years old on the day of
the election
3. Able to read and write
4. Registered voter in the district he
seeks to represent
5. A resident of the said district for at
least 1 year immediately preceding
the day of the election.
11
CONSTITUTIONAL LAW I
Disqualifications
Salaries
Official
President
Vice-President, President of
the Senate, Speaker of the
House of Representatives,
and Chief Justice of the
Supreme Court
Senators, Members of the
House of Representatives,
Associate Justices of the
Supreme
Court,
and
Chairmen
of
the
Constitutional Commissions
Members
of
the
Constitutional Commissions
2.
3.
Annual Salary
Php 300,000
Php 240,000
Php 204,000
Php 180,000
12
CONSTITUTIONAL LAW I
5.
Duty to Disclose
3. Rules of Proceedings
4. Discipline of Members
1. Election of officers
Officers:
1. Senate President
2. Speaker of the House
3. Such officers as deemed by each house to be
necessary
Election of Officers:
respective members
2. Quorum
a.
RATIONALE
OF
ENROLLED
BILL
THEORY- An enrolled Act in the custody of
the Secretary of State, and having the official
attestations of the Speaker of the House of
Representatives, of the President of the
Senate, and of the President of the United
States, carries, on its face, a solemn
assurance by the legislative and executive
13
CONSTITUTIONAL LAW I
b.
d.
e.
Congressional Record
6. Sessions
a.
Regular Sessions
th
b.
Special Sessions
c.
Adjournments
d.
Joint Sessions
Voting separately
F.
Electoral Tribunals
1.
Composition
c.
14
CONSTITUTIONAL LAW I
2.
4.
Powers
5.
Nature of Function
3.
G. Commission on Appointments
(Sec, Art VII)
1.
Composition:
a.
b.
c.
15
CONSTITUTIONAL LAW I
Meetings
b.
c.
H. Powers of Congress
1.
General
(Sec Art VI)
a.
b.
impeach;
2.
COMELEC members);
3.
Jurisdiction
a.
2.
Specific Powers
a.
b.
c.
d.
e.
f.
3.
Inherent Powers
a.
b.
c.
d.
4.
Constituent power
Legislative Inquiries
Appropriation
Taxation
Concurrence in treaties and international
agreements
War powers and delegations powers
Police Power
Limitations:
16
CONSTITUTIONAL LAW I
a.
b.
5.
Express limitations:
o Sec 24-26, 28-30, Art VI
Implied Limitations
o No power to pass irrepealable law
o Non-encroachment on powers of
other departments
o Non-delegability of powers
Constituent Powers
Power to propose amendments to the
Constitution
b.
c.
Appropriation
General Limitations:
o Appropriations must be for a PUBLIC
PURPOSE.
o Cannot appropriate public funds or
property, directly or indirectly, in favor of
1. Any sect, church, denomination, or
sectarian institution or system of
religion or
2. Any priest, preacher, minister, or
other religious teacher or dignitary
as such.
EXCEPT if the priest, etc is assigned to:
1. the Armed Forces;
2. any penal institution;
3. government orphanage;
4. leprosarium
o Government is not prohibited from
Specific Limitations
o For General Appropriations Bills
1. Congress may not increase the
appropriations recommended by
the President for the operation of
the Government as specified in the
budget.
2. Form, content and manner of
preparation of the budget shall be
prescribed by law.
3. No provision or enactment shall be
embraced
in
the
general
appropriations bill unless it relates
specifically to some particular
appropriation therein.
4. Procedure
in
approving
appropriations
FOR
THE
CONGRESS shall strictly follow the
procedure
for
approving
appropriations
for
other
departments and agencies.
5. No law shall be passed authorizing
any transfer of appropriations.
However, the following may, BY
LAW, be authorized to AUGMENT
any
item
in
the
general
appropriations
law
for
their
respective offices from savings in
other items of their respective
appropriations:
i. President
ii. Senate President
iii. Speaker of the House
iv. Chief Justice of the Supreme
Court
v. Heads of the Constitutional
Commissions
Guidelines
for
disbursement
of
DISCRETIONARY FUNDS appropriated
FOR PARTICULAR OFFICIALS:
i. For public purposes
ii. To be supported by appropriate
vouchers
iii. Subject to such guidelines as may be
prescribed by law
If Congress fails to pass the general
appropriations bill by the end of any
fiscal year:
i. The general appropriations bill for the
previous year is deemed reenacted
ii. It shall remain in force and effect until
the general appropriations bill is passed
by Congress.
17
CONSTITUTIONAL LAW I
d.
e.
f.
Progressivity.
1. The rate increases as the tax base
increases
2. Tax burden is based on the
taxpayers capacity to pay
3. Suited to the social conditions of
the people
4. Reflects aim of the Convention that
legislature following social justice
command should use taxation as
an instrument for more equitable
distribution of wealth
Constitutional Tax Exemptions:
1. Religious, charitable, educational
institutions and their properties
2. All revenues and assets of NONSTOCK
NON-PROFIT
EDUCATIONAL institutions are
exempt from taxes and duties
PROVIDED that such revenues and
assets are actually, directly and
exclusively used for educational
purposes (sec. 4 (3) Art XIV).
3. Grants, endowments, donations or
contributions
used
actually,
directly and exclusively for
educational purposes shall be
exempt from tax, subject to
conditions prescribed by law (sec. 4
(4) Art XIV).
Special Funds
1. Money collected on a tax levied for
a special purpose shall be treated
as a special fund and paid out for
such purpose only.
2. Once the special purpose is fulfilled
or abandoned, any balance shall be
transferred to the general funds of
the Government
18
CONSTITUTIONAL LAW I
6.
Delegation of Powers
a.
b.
i.
Third reading:
Only the title is read, no
amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays
entered in the journal.
Sent to the other chamber: once the bill passes
the third reading, it is sent to the other chamber
where it will also go under three readings
7.
Legislative Process
A.
i.
ii.
iii.
iv.
v.
vi.
vii.
ii.
19
CONSTITUTIONAL LAW I
Item veto
o The President may veto particular items in an
appropriation, revenue or tariff bill.
o This veto will not affect items to which he does
not object.
Veto of a Rider
o A rider is a provision which does not relate to a
particular appropriation stated in the bill.
o Since it is an invalid provision under Section
25(2), the President may veto it as an item.
DOCTRINE
OF
INAPPROPRIATE
PROVISIONS- A provision that is constitutionally
inappropriate for an appropriation bill may be
singled out for veto even if it is not an
appropriation or revenue item. [Gonzales vs
Macaraig, (1990)]
Effectivity of Laws
Article 2 (CC)
Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless
it is otherwise provided. This code shall take effect one year
after such publication.
8.
a.
b.
c.
20
CONSTITUTIONAL LAW I
II. Judiciary
This precludes the courts from entertaining the
following:
i. Request for an advisory opinion [Guingona
vs. CA, (1998)]
ii. Cases that are or have become moot and
academic, unless --
capable of repetition yet evading review
[Alunan III v. Mirasol, (1997); Sanlakas
v. Executive Secretary, (2004)]; or
A. In General
JUDICIAL POWER
Supreme Court
Lower courts
Duty 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
[Art.
VIII, Sec. 1, Par. 2]
Jurisdiction power
to decide and hear a
case and execute a
decision thereof
JUDICIAL REVIEW
Supreme Court
Lower courts
Power of the courts
to test the validity
of executive and
legislative acts in
light
of
their
conformity with the
Constitution
[Angara v. Electoral
Commission
(1936)]
b.
c.
d.
a.
b.
c.
Requisites for
exercise
1. Appropriate
case: actual
case or
controversy
2. Standing:
personal and
substantial
interest
3. Question raised
at the earliest
opportunity
4. Lis mota of the
case
Checking
Legitimating
Symbolic
[NACHURA]
21
CONSTITUTIONAL LAW I
Severino
v.
GovernorGeneral, (1910): Mandamus
and injunction could not lie
to enforce or restrain a duty
which
is
discretionary
(calling a special local
election).
Montenegro v. Castaeda,
(1952): Authority to decide
whether the exigency has
arisen
requiring
the
suspension of the privilege
of the writ of habeas corpus
belongs to the President.
Manalang v. Quitoriano,
(1954):
Presidents
appointing power is not to
be interfered with by the
Court.
Javellana
v.
Executive
Secretary,
(1973):
The
people may be deemed to
have cast their favorable
votes in the belief that in
doing so they did the part
required of them by Article
JUSTICIABLE
CONTROVERSY
Avelino v. Cuenco, (1949):
election of Senate President
was done without the
required quorum
POLITICAL QUESTION
b.
Orthodox view
An unconstitutional act is not a law; it confers no
rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as
if it had not been passed at all.
Modern view
Pelaez v. Auditor General, (1965)
Certain legal effects of the statute prior to its
declaration of unconstitutionality may be
recognized. [NACHURA]
Age
Experience
Tenure
Characteristics
Javellana
v.
Executive
Secretary, (1973): WON the
1973 Constitution had been
ratified in accordance with
the 1935 Constitution is
justiciable.
22
Citizenship
Taada v. Cuenco, (1957):
The
selection
of
the
members of the Senate
Electoral Tribunal is subject
to constitutional limitations.
Cunanan v. Tan, Jr., (1962):
The
Commission
on
Appointments
is
a
constitutional creation and
does not derive its power
from Congress.
Gonzales
v.
Comelec,
(1967);
Tolentino
v.
Comelec,
(1971):
abandoned Mabanag v.
Lopez-Vito
Lansang v. Garcia, (1971):
Suspension of the privilege
of the writ of habeas corpus
is not a political question.
JUSTICIABLE
CONTROVERSY
Naturalborn
Filipino
At least 40
years old
RTC
JUDGE
MTC/
MCTC
JUDGE
Filipino
At least At least
35 years 30 years
old
old
Has been engaged for
at least 5 years in the
practice of law* in the
Philippines or has held
public office in the
Philippines
requiring
admission
to
the
practice of law as an
indispensable requisite
15 years or
more as a
judge or a
lower court
or
has
been
engaged in
the practice
of law in
the Phils.
for
the
same
period
Hold office during good behavior until
they reach the age of 70 or
become incapacitated to discharge
their duties
Person of proven competence,
integrity, probity and independence
CONSTITUTIONAL LAW I
4. Grounds
Removal
from
Office
Impeachment of Members of the SC
on
a.
b.
i.
ii.
iii.
iv.
v.
vi.
B. Supreme Court
1.
Composition
i.
ii.
2.
Powers: Jurisdiction
i.
Original
a. Cases affecting ambassadors, other public
ministers and consuls [Art. VIII, Sec. 5(1)];
b. Petitions
for
certiorari,
prohibition,
mandamus, quo warranto, and habeas
corpus [Art. VIII, Sec. 5(1)];
c. Sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice-President, and may
promulgate its rules for the purpose [Art. VII,
Sec. 4, par. 7];
d. Sufficiency of the factual basis of the
proclamation of martial law or the
suspension of the privilege of the writ of
habeas corpus or the extension thereof [Art.
VII, Sec. 18, par. 3].
ii.
Appellate
Art. VIII, Sec. 5. The Supreme Court shall have the
following powers:
xxx
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of
3.
Other Powers
i.
Rule-making
Art. VIII, Sec. 5. The Supreme Court shall have the
following powers:
xxx
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance
to the under-privileged.
23
CONSTITUTIONAL LAW I
Limitations:
a. Shall provide a simplified and inexpensive
procedure for speedy disposition of cases
b. Uniform for all courts in the same grade
c. Shall not diminish, increase or modify
substantive rights
ii.
ii.
Administrative
a. Assign temporarily judges of lower courts to
other stations as public interest may require;
shall not exceed 6 months without the
consent of the judge concerned
b. Order a change of venue or place of trial to
avoid a miscarriage of justice;
c. Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law;
d. Supervision over all courts and the
personnel thereof;
e. Discipline judges of lower courts, or order
their dismissal by a vote of a majority of the
Members who actually took part in the
deliberations on the issues in the case and
voted [en banc].
4.
i.
En banc
a. decided with the concurrence of a majority
of the Members who actually took part in
the deliberations and voted.
b. Instances when the SC sits en banc: (C-DDMM-PO)
Those involving the constitutionality,
application, or operation of: (TOILPIPOO)
Treaty
Orders
International
or
executive
agreement
Law
Presidential decrees
Instructions
Proclamations
Ordinances
Other regulations
Exercise of the power to discipline
judges of lower courts, or order their
dismissal [Art. VIII, Sec. 11]
Cases or matters heard by a division
where the required number of votes to
decide or resolve (the majority of those
who took part in the deliberations on the
issues in the case and voted thereon
and in no case less than 3 members) is
not met [Art. VIII, Sec. 4(3)]
Modifying or reversing a doctrine or
principle of law laid down by the court in
a decision rendered en banc or in
division [Art. VIII, Sec. 4(3)]
Actions instituted by citizen to test the
validity of a proclamation of martial law
or suspension of the privilege of the writ
[Art. VII, Sec. 18]
In divisions
Requirement and Procedures:
5.
Requirements as to Decisions
(applicable also to lower collegiate courts)
i.
ii.
iii.
iv.
24
CONSTITUTIONAL LAW I
iii.
2.
Function
i.
ii.
3.
Procedure
i.
no confirmation needed
ii. Lower courts
III. Executive
(Asked 34 times in the Bar)
A. The President
6.
SUPREME
COURT
24
months
from date of
submission
LOWER
COLLEGIATE
COURTS
12 months, unless
reduced by SC
LOWER COURTS
1.
i.
a registered voter
ii.
Canvassing of votes:
o Congress shall promulgate rules for
canvassing of the certificates.
o Board of canvassers duly certifies
returns of every election for President
and VP and transmits them to
Congress, directed to the Senate
President.
3 months, unless
reduced by SC
Composition
i.
Ex Officio Members
Secretary of Justice
25
CONSTITUTIONAL LAW I
B.
Re-election
A.
President
o Not eligible for any re-election.
o No person who has "succeeded" as
President and has served as such for
more than 4 years, shall be qualified for
any election to the same office (the
Presidency) at any time. (par. 1 Sec. 4,
Art VII)
2.
o
o
26
CONSTITUTIONAL LAW I
3.
Prohibited acts:
i. Hold any other office or employment during
their tenure, unless otherwise provided in the
Constitution
ii. Directly or indirectly practice any other
profession
iii. Directly or indirectly participate in any
business
iv. Be financially interested in any contract with,
or in any franchise, or special privilege
granted by the Government or any
subdivision, agency or instrumentality
thereof,
including
GOCCs
or
their
subsidiaries.
v. Appoint Presidents spouse and relatives by
consanguinity or affinity within the 4th civil
degree as Members of the Constitutional
Commissions, or the Office of the
Ombudsman,
or
as
Secretaries,
Undersecretaries, chairmen or heads of
bureaus or offices, including GOCCs and
their subsidiaries.
President
(1) The President can assume a Cabinet
post, (because the departments are
mere extensions of his personality,
according to the Doctrine of Qualified
Political Agency, so no objection can
be validly raised based on Sec. 13, Art
VII
(2) The President is the Chairman of NEDA.
(Sec. 9, Art XII)
b.
Vice-President
xxx The Vice-President may be appointed as
member of the Cabinet. Such appointment
requires no confirmation (Sec 3, Art VII)
c.
Cabinet
(1) The Secretary of Justice shall be an exofficio member of the Judicial and Bar
Council. ( Sec. 8[1], Art VIII)
(2) Unless otherwise allowed by law or by
the primary functions of his position,
appointive officials shall not hold any
other office or employment in the
Government or any subdivision, agency
or instrumentality thereof, including
government- owned or controlled
27
CONSTITUTIONAL LAW I
4. Succession
Vacancy in the Presidency
Two sets of rules in succession:
1. vacancy took place before the beginning of the
term on June 30
2. vacancy during the pendency of the terms that
commences on June 30
i.
Effect
VP shall act as President
until the President-elect shall
have qualified, or shall have
been "chosen and qualified,
as the case may be. (pars. 2
& 3, sec 7, Par VII).
Causes
President's
1. death
2. permanent disability,
3. removal from office
(impeached), or
4. resignation*
Both the President's and
VP's
1. death
2. permanent disability
3. removal from office
(impeached)
4. resignation
Acting President
1. dies
2. becomes permanently
disabled
3. resigns
Effect
VP shall become President
for the unexpired portion of
the term. (par. 1)
Causes
President has not yet
qualified (e.g. he had
an operation and so he
could not take his oath
of office on June 30)
2. President has not yet
been "chosen" and
qualified (e.g. there is a
tie and Congress has
not yet broken the tie)
President-elect
1. dies, or
2. becomes permanently
disabled
Both President and VP
1. have not been "chosen"
or
2. have not qualified, or
3. die, or
4. become
permanently
disabled
1.
ii.
c)
d)
28
CONSTITUTIONAL LAW I
e)
f)
b.
4.
Special election in Sec. 10, Art VII.
1.
2.
Voluntary
Declaration
Inability
President
Contested
Inability of
President
of
by
the
3.
Actions Required
Effect
29
CONSTITUTIONAL LAW I
6.
7.
5. Removal
i.
The President
the Vice-President
the
Members
of
the
Constitutional
Commissions
Ombudsman
Reasons for Impeachment
treason
bribery
ii.
1.
2.
Verified Complaint
a. A verified complaint for impeachment may be
filed by any Member of the House of
Representatives or by any citizen upon
resolution of endorsement by any Member
thereof
b. Verified Complaint shall be included in the
Order of Business within ten session days,
and referred to the proper Committee within
three session days thereafter.
c. The Committee, after hearing, and by a
majority vote of all its Members, shall submit
its report to the House within sixty session
days from such referral, together with the
corresponding resolution.
d. The resolution shall be calendared for
consideration by the House within ten
session days from receipt thereof.
The
basic
issue
here
was
the
constitutionality of the filing of the second
impeachment complaint against then Chief
Justice Davide. The following are the pertinent
constitutional provisions:
3.
4.
30
CONSTITUTIONAL LAW I
6.
o
o
o
o
o
o
Executive power
Control of executive departments
General supervision of local governments
Power of appointment
Executive clemencies
Commander in chief powers
Military powers
Martial law
Emergency powers
Contracting and guaranteeing foreign loans
Powers over foreign affairs
Power over legislation
Immunity from suit
o
o
o
o
o
Control
- Power of an officer to
alter, modify, nullify
or set aside what a
subordinate officer had
done
and
to
substitute
the
judgment of the former
for that of the latter.
2.
3.
31
CONSTITUTIONAL LAW I
4.
Officers
lower
in
rank
whose
appointments Congress may by law vest
in the President alone.
2.
provides in an unconstitutional
manner for such appointments
the officers are considered as among
those whose appointments are not
otherwise provided for by law.
o
2.
3.
4.
2.
3.
4.
32
CONSTITUTIONAL LAW I
(i)
(ii)
(iii)
(iv)
(v)
b.
c.
recess
(ad-interim)
Regular
and
appointments
Exception:
Temporary appointments, to executive
positions, when continued vacancies will
(1) prejudice
public
service
(e.g
Postmaster); or
(2) endanger public safety (e.g. Chief of
Staff).
2)
Ad interim appointment a
permanent appointment made by
the Pres in the meantime that
Congress is in recess.
It is
permanent as it takes effect
immediately and can no longer be
withdrawn by the President once
the appointee has qualified into
office. The fact that it is subject to
the confirmation of the Commission
on Appointments does not alter its
permanent character. Hence, said
appointment is effective until (1)
disapproved by the CA or (2) the
next adjournment of Congress
[Matibag vs Benipayo (2002)]
33
CONSTITUTIONAL LAW I
recalling
or
setting
aside
said
appointment. The Consti is clear there
must either be a rejection by the
Commission on Appointments or nonaction on its part for the confirmation to
be recalled.
Temporary Designations
Admin Code of 1987, Book III Sec. 17
The President may designate an officer
already in the govt. service or any other
competent person to perform the functions of
any office in the executive branch,
appointment to which is vested in him by law,
when:
(a) The officer regularly appointed to the
office is unable to perform his duties by
reason of illness, absence or any other
cause; or
(b) There exists a vacancy;
In no case shall a temporary designation
exceed one (1) year.
2.
7. Executive Clemencies
o
Commutations
Reduction of sentence. (BLACK)
It is a remission of a part of the
punishment; a substitution of a less
penalty for the one originally imposed.
[People vs. Vera, supra]
c.
Pardons, and
Permanent cancellation of sentence.
d.
(BLACK)
It is an act of grace proceeding from the
power entrusted with the execution of
the laws, which exempts the individual
on whom it is bestowed, from the
punishment the law inflicts for the crime
he has committed. It is a remission of
guilt, a forgiveness of the offense.
[People v Vera, supra]
Plenary or partial
o Plenary - extinguishes all the
penalties
imposed
upon
the
offender,
including
accessory
disabilities
o Partial does not extinguish all
penalties imposed
Absolute or conditional
o Conditional - the offender has the
right to reject the same since he
may feel that the condition imposed
is more onerous than the penalty
sought to be remitted.
o Absolute pardon - pardonee has no
option at all and must accept it
whether he likes it or not. In this
sense, an absolute pardon is similar
to commutation, w/c is also not
subject to acceptance by the
offender.
Except:
(a) In cases of impeachment, and
(b) As otherwise provided in this Constitution
34
CONSTITUTIONAL LAW I
Application
of
Pardoning
Administrative Cases
Powers
8. Powers as Commander-in-Chief
o
Powers as Commander-in-Chief:
a. He may call out such armed forces to
prevent or suppress lawless violence,
invasion or rebellion.
b. He may suspend the privilege of the writ of
habeas corpus, or
c. He may proclaim martial law over the entire
Philippines or any part thereof.
a.
to
Notes:
"Pardon granted after conviction frees the
individual from all the penalties and legal
disabilities and restores him to all his civil rights.
But unless expressly grounded on the
person's innocence (w/c is rare), it cannot bring
back lost reputation for honesty, integrity and fair
dealing.
This must be constantly kept in mind lest we
lose track of the true character and purpose of
the privilege. xxx"
o
35
CONSTITUTIONAL LAW I
3)
Requisites:
1) There must be an invasion or rebellion, and
2) Public safety requires the proclamation of
martial law all over the Philippines or any
part thereof.
o
Requisites:
1) There must be an invasion or rebellion, and
2) The public safety requires the suspension.
2)
c.
36
CONSTITUTIONAL LAW I
b.
c.
d.
37
CONSTITUTIONAL LAW I
38
CONSTITUTIONAL LAW I
10. Contracting
and
Guaranteeing
Foreign
Loans
o
Executive Agreements
entered into by the President
need no concurrence.
International agreements involving political
issues or changes in national policy and
those involving international agreements of
permanent character usually take the form of
TREATIES.
But
the
international
agreements involving adjustments in detail
carrying out well-established national policies
and traditions and those involving a more or
less temporary character usually take the
form of EXECUTIVE AGREEMENTS. [
Commissioner of Customs vs. Eastern Sea
Trading (1961)]
39
CONSTITUTIONAL LAW I
due
40
CONSTITUTIONAL LAW I
it may impose,
tariff rates
B. Vice President
Article VII, Section 3. There shall be a Vice
President who shall have the same qualifications and
term of office and be elected with, and in the same
manner, as the President. He may be removed from
office in the same manner as the President.
The Vice President may be appointed as a Member of
the Cabinet. Such appointment requires no
confirmation.
1.
a.
Qualifications
* same as President (Sec. 3, Art VII)
b.
c.
Oath
* same as President (except for the statement of
position)
2.
* same as President
except: the Vice-President, xxx [shall receive annual
salary of] P240,000 (Sec 17, Art XVIII)
3.
* same as President
4.
Prohibitions
Succession
5.
Removal
Impeachment Process
* same as President (Art. XI, Sec. 3)
6.
Functions
a.
Right of succession
Membership in Cabinet
41
CONSTITUTIONAL LAW I
1.
Disqualifications; Inhibitions
iv.
2.
3.
Compensation
4.
5.
6.
Rule-Making Power
7.
Procedure
i.
ii.
CSC
Chairman and
Commissioners
(Comm)
COMELEC
Chairman and
6 Comm
Natural-born citizens
At least 35 years of age
Proven capacity for Holders of a
public
college
administration, and degree,
and
must not have been must not have
candidates for any been
elective position in candidates for
the
lections any
elective
immediately
position in the
preceding
their immediately
appointment
preceding
elections
Majority,
including the
Chairman,
shall
be
Members
of
the Philippine
Bar who have
been engaged
in the practice
of law for at
least 10 years
COA
Chairman and 2
Comm
8.
At no time shall
all Members of
the Commission
belong to the
same profession.
Certified public
accountants
with not less than
10 years auditing
experience, or
Members of the
Philippine Bar
who have been
engaged in the
practice of law for
at least 10 years,
and must not
have
been
candidates
for
any
elective
position in the
elections
immediately
preceding
their
appointment
1.
Art. IX-B, Sec. 2(1). The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of the
Government, including government-owned or controlled
corporations with original charters.
2.
i.
ii.
iii.
iv.
v.
Merit-based system
No holding of other positions
Standardization of salary
No partisan political activity
Security of tenure Temporary employees of
the Government shall be given such protection as
may be provided by law.
Right to self-organization (v. Right to strike)
vi.
of
Government
Art. XIII, Sec. 3. [The State] shall guarantee the rights of all
workers
to
self-organization,peaceful
concerted
activities, including the right to strike in accordance with
law.
42
CONSTITUTIONAL LAW I
5.
Salary
i.
ii.
3.
Disqualifications
i.
ii.
iii.
4.
iii.
C. Commission on Elections
(Asked 9 times in the Bar)
1.
i.
43
CONSTITUTIONAL LAW I
x.
2.
Jurisdiction
i.
ii.
V. Constitutionally-Mandated Bodies
A. Sandiganbayan
(Asked 1 time in the Bar)
Art. XI, Sec. 4. The present anti-graft court known as the
Sandigan-bayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
three Justices
D. Commission on Audit
(Asked 1 time in the Bar)
1.
i.
ii.
B. Ombudsman
(Asked 5 times in the Bar)
1.
Qualification
2.
Appointment
3.
Term
Exclusive Authority
o Define the scope of its audit and
examination;
o Establish techniques and methods required ;
o Promulgate accounting and auditing rules
and regulations.
44
CONSTITUTIONAL LAW I
4.
Removal
By impeachment for:
treason
bribery
5.
Benefits
6.
Powers/Duties
MAIN PURPOSE: protectors of the people
Shall act promptly on complaints against
public officials/govt employees AND notify
complainants of action taken and the result
Investigate on its own or any complaint when
appears to be:
Illegal
Unjust
Improper
Inefficient
Direct, on its own or upon complaint, any
public official/govt employee to:
removal
suspension
demotion
fine
censure
prosecution
Ensure compliance of the recommendation
Subject to limitations of law, direct the officer
concerned to furnish copies of related
documents/contracts entered by his office
involving use of public funds:
Inefficiency
Red tape
Mismanagement
Fraud
Govt corruption
7.
Disqualification
Cannot
be
granted
any
financial
accommodation for business purposes,
directly or indirectly, within tenure.
2.
45
CONSTITUTIONAL LAW I
III.
IV.
V.
GENERAL PRINCIPLES
A. GOALS
B. CITIZENSHIP REQUIREMENTS
C. FILIPINO FIRST
NATURAL RESOURCES
A. REGALIAN DOCTRINE
B. EXPLORATION, DEVELOPMENT, UTILIZATION
C. STEWARDSHIP CONCEPT
PRIVATE LANDS
MONOPOLIES
CENTRAL MONETARY AUTHORITY
I.
General Principles
II.
100% Filipino
Small-scale
utilization
of
natural resources
(as
may
be
provided by law)
[Art. XII, Sec. 2,
par. 3]
A. Goals
1.
2.
3.
100% Filipino
Marine
Wealth
[Art. XII, Sec. 2,
par. 2]
Agricultural lands
[Art. XII, Sec. 3]
o Lease: < 500
ha.
o Purchase,
homestead
or grant: < 12
ha.
o Private
corpora-tions
may
lease
not
more
than
1,000
ha. for 25
years,
renewable for
another
25
years.
Practice
of
professions [Art.
XII, Sec. 14]
60-40
Natural Resources
[Art. XII, Sec. 2,
par. 1]
(Co-production,
Joint
venture,
Production sharing
agreemenents)
Agreements shall
not
exceed
a
period of 25 years
renewable
for
another 25 years.
Educational
Institutions
[Art.
XIV, Sec. 4(2)]
70-30
C. Filipino First
Art. XII, Sec. 10. In the grant of rights, privileges, and
concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance
with its national goals and priorities.
B. Citizenship Requirements
60-40
Operation
of
public utility [Art.
XII, Sec. 11]
o Cannot be for
longer period
than 50 years
o Executive
and
managing
officers must
be Filipino
70-30
Advertising
Industry
[Art.
XVI, Sec. 11]
Art. XII, Sec. 12. The State shall promote the preferential
use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
competitive.
of
as
may
can
[Art.
46
CONSTITUTIONAL LAW I
Size
Activities
of
Only
the
President
(in
behalf of the
State), and only
with
corporations
Only large-scale
exploration,
development and
utilization
Natural
Resources
Covered
Minerals,
petroleum
and
other mineral oils
Scope of the
Agreements
Involving either
financial
or
technical
assistance
SERVICE
CONTRACT
(1973 Const.)
A Filipino citizen,
corporation
or
association with a
foreign person or
entity
Contractor provides
all
necessary
services
and
technology and the
requisite
financing,
performs
the
exploration
work
obligations,
and
assumes
all
exploration risks
Virtually the entire
range
of
the
countrys
natural
resources
Contractor provides
financial or technical
resources,
undertakes
the
exploitation
or
production of a
given resource, or
directly
manages
the
productive
enterprise,
operations of the
exploration
and
exploitation of the
resources or the
disposition
of
SERVICE
CONTRACT
(1973 Const.)
marketing
resources
or
47
CONSTITUTIONAL LAW I
B. Exceptions
i.
ii.
Hereditary succession
(Art. XII, sec. 7)
A natural-born citizen of the Philippines who has
lost his Philippine citizenship may be a transferee
of private lands, subject to limitations provided by
law.
(Art. XII, sec. 8)
IV. Monopolies
Art. XIII, Sec. 19. The State shall regulate or prohibit
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall
be allowed.
C. Stewardship Concept
Art. XII, Sec. 6. The use of property bears a social function,
and all economic agents shall contribute to the common
good.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have
the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good
so demands.
Art. XIII, Sec. 6. The State shall apply the principles of
agrarian reform or stewardship, whenever applicable in
accordance with law,
in the disposition or utilization of other natural resources,
including lands of the public domain under lease or
concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers, and
the rights of indigenous communities to their ancestral lands.
2.
3.
Natural-born Filipino;
Known probity, integrity and patriotism;
Majority shall come from the private sector
and
48
CONSTITUTIONAL LAW I
PARTY-LIST SYSTEM
QUESTION HOUR V. INQUIRIES IN AID OF
LEGISLATION
III. EXECUTIVE PRIVILEGE
IV. PEOPLES INITIATIVE
V. RIGHT OF REPLY BILL
VI. THE (ERSTWHILE) PROVINCE OF SHARIFF
KABUNSUAN
VII. MOA ON ANCESTRAL DOMAIN (MOA-AD)
I.
Party-List System
1)
2)
3)
4)
5)
6)
7)
8)
9)
Proportion of votes
relative to total votes
for party list
49
CONSTITUTIONAL LAW I
No. of votes of
concerned party
--------------No. of votes of
the first party
No. of additional
seats allocated
to first party
1.
2.
3.
4.
50
CONSTITUTIONAL LAW I
1.818%
5.
B.
Congressional Investigation
Limitations
i. Must be in aid of legislative functions
ii. Must be conducted in accordance with duly
published rules of procedure
iii. Persons appearing therein are afforded their
constitutional rights
100%
(Total # of votes cast for party-list)
100 party-list seats
C.
Legislative Supervision
1%
Scrutiny
1.
2.
3.
4.
Art. VI, Sec. 22. The heads of departments may, upon their
own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not
be limited to written questions, but may cover matters related
thereto. When the security of the State or the public interest
so requires and the President so states in writing, the
appearance shall be conducted in executive session
51
CONSTITUTIONAL LAW I
1.
2.
exempts
the
executive
from
disclosure
requirements applicable to the ordinary citizen or
organization
Scope
Who are
covered
Basis
Elements
Presidential Communications
Communications, documents or other materials that reflect
presidential decision-making and deliberations and that the
President believes should remain confidential
o applies to documents in their entirety, and covers final and postdecisional materials as well as pre-deliberative ones
President
operational proximity test: meant to encompass only those
functions that form the core of presidential authority, involving
what the court characterized as quintessential and nondelegable
Rooted in the constitutional principle of separation of power and
the Presidents unique constitutional role
1. The protected communication must relate to a quintessential
and non-delegable presidential power.
2. The communication must be authored or solicited and received
by a close advisor of the President or the President himself.
The judicial test is that an advisor must be in operational
proximity with the President.
3. The presidential communications privilege remains a qualified
privilege that may be overcome by a showing of adequate
need, such that the information sought likely contains important
evidence and by the unavailability of the information elsewhere
by an appropriate investigating authority.
Deliberative Process
Advisory opinions, recommendations
and deliberations comprising part of a
process
by
which
governmental
decisions and policies are formulated.
Executive officials
52
CONSTITUTIONAL LAW I
V. Right of Reply
Highlights of House Bill No. 3306
A.
1.
2.
B.
1.
2.
C.
Not later than 1 day after the reply shall have been
delivered to the editorial office of the publication
concerned or to the station that carried the broadcast
being replied to.
D.
Length of Reply
Other Provisions
1.
2.
3.
4.
53
CONSTITUTIONAL LAW I
Province
of
Shariff
2.
Facts:
o The ARMM's legislature, the ARMM Regional
Assembly, exercising its power to create
provinces under Section 19, Article VI of RA
9054, enacted Muslim Mindanao Autonomy Act
No. 201 (MMA Act 201) creating the Province of
Shariff Kabunsuan.
o The province was composed of the eight
municipalities in the first district of Maguindanao
and the City of the Cotabato. However, Cotabato
City, though part of the first legislative district of
Maguindanao, voted against its inclusion in the
ARMM in the plebiscite held in November 1989.
Held:
1. There is no provision in the Constitution that
conflicts with the delegation to regional legislative
bodies of the power to create municipalities
and barangays, provided the provisions of
Section 10, Article X of the Constitution is
followed.
Facts:
54
CONSTITUTIONAL LAW I
Also:
1. The Presidential Adviser on Peace Process,
General Esperon, committed grave abuse of
discretion when he failed to carry out the
pertinent consultation process as required by EO
3, RA 7160 (LGC) and RA 8371 (IPRA).
2.
3.
4.
Respondents
act
of
guaranteeing
the
amendments is, by itself, already a constitutional
violation.
Nachuras Dissent:
In light of supervening events, there is no more actual
case or controversy to be resolved. There can be no
violation of the Constitution because the MOA-AD
was not consummated. On the substantive aspect,
Nachura believed that the constitutionality of the
MOA-AD should be viewed from the perspective of
executive power.
As Chief Executive and
Commander-in-Chief, there is an implied power given
to the President as protector of peace. Implied from
the calling out power of the President which does not
require existence of actual invasion or rebellion, the
President may exercise not only emergency powers,
but day-to-day problems of maintaining peace and
order and ensuring domestic tranquility. The mandate
of the GRP Peace Panel emanated from Executive
Order No. 3 which was issued pursuant to the power
of the President to maintain peace and order.
55
CONSTITUTIONAL LAW I