POLITICAL LAW1 October 2012 Revoke or extend proclamation of

We are NOW in the suspension of privilege of writ of habeas

th
15 Congress corpus or declaration of martial
Congress begins their regular session at law (Section 18, Art. VII);
the 4th Monday of July each year. Set the rules regarding the utilization of
natural resources (Section 2, Art. XII).
There are 3 regular sessions in a term
of 3years, or 1 regular session per year. JOINT SESSIONS happen when
Congress ional POWERS. they deal with the PRESIDENT
ADJOURNMENT must mean, and VP and when the National
adjournment of the regular session and SECURITY is at Risk; and to
not the day to day adjournment, breaks
propose amendments to the
called recess or legislative district work
time. CONSTITUTION.
Joint SESSIONS votation
LEGISLATIVE— process—
General plenary power;
Specific power of appropriation; a.Voting separately— in a Joint
Taxation and expropriation; Session (5situations)
Legislative investigations (Section 21, i.Choosing the President in case of a
Art. VI); and tie in the election by the masses
Question hour (Section 22, Art. VI).2. by majority vote(Section 4, Article VII);
ii.when a doubt is raised in the
capability of the president,
NON-LEGISLATIVE— includes power congress within 48hours convene in a
to: joint session
Canvass presidential election (Section to Determine the President’s disability
4, Art. VII); and decide with a 2/3
Declare the existence of state of war vote (Section 11, Article VII);
(Section 23, par.1, Art. VI); iii.Confirming nomination of Vice-
Exercise delegation of emergency President by majority vote
powers; only(Section 9, Article VI);
Call special election for President and iv.Declaring existence of state
VP (Section 10, Art. VII); of war by 2/3vote (Section 23,
Give concurrence to treaties and Article VI); and
amnesties (Sections 19 and 21, Art. VII); v.Proposing constitutional
Propose constitutional amendments amendments by 3/4vote (Section 1,
(constituent power) (Sections 1-2, Art. Article XVII).
XVII);
Confirm certain appointments (Section 9 b.Voting jointly— in a Joint Session
and 16, Art. VII); (2situations)
Impeach (Section 2, Art. XI); CONGRESS MUST within 24
Decide the disability of President becau hours upon the President’s
se majority of the Cabinet disputes his a Declaration of Martial Law and
ssertion that he is able to discharge his Suspension of the Privilege of the Writ
duties (Section 11, Art. VII); of Habeas Corpus
i.To revoke or extend
proclamation suspending the privilege of
writ of habeas corpus by majority vote
only(Section 18, Article VII); and
ii.To revoke or extend
declaration of martial law by majority
vote only(Section 18, ArticleVII).
Legislative Powers = ATE
Appropriation for PUBLIC Purposes
only,
Taxation must be UNIFORMLY made
for same classification, it must also be
equitable based on the taxpayer’s
capacity to pay.
Expropriation
Congress makes laws in the form of
STATUTE which is the WRITTEN WILL
of the legislature, solemnly express
according to the FORMS necessary to
constitute it as the LAW of the STATE.
The power to make laws includes the
power to alter or repeal the statute.
Non Legislative Powers = ccdip
To canvass presidential and vp votes,
concur treaties and amnesties, declare
existence or state of war, impeach,
propose constitutional amendments.
IMPLIED power = to contempt those
who refuse to undergo inquiry in aid of
legislation.
INHERENT Power = to make open rules
and discipline members.
The initiation of A.P.R.I.L. is solely vest
in the House of Representatives.
However in APRIL, the senate may
concur, amend and even substitute the
bill once it is transferred to them from
the House of Representatives.
PHOHIBITIVE acts of
CONGRESS imDspexbaBLia
Impair Doctrine of Separation of Powers
Enactment of Ex Post Facto Law
Enactment of Bill against any of the
provisions of the Bill of Rights
LaW Increasing the Appelate
Jurisdiction of the Supreme Court.
Title of Bill shall be One Subject
expressed in the TITLE.
T.A.L.A.C.A.I
Three Reading in 3 Separate Days
policy.
Approval of Bills, veto power of
president and overriding of the veto by
congress.
LEGISLATIVE Inquiries
APPEARANCE of Department Heads in
QUESTION HOUR
APPROPRIATION
IMPLIED Limitations
Constitutional Limitations
Sub rosa means
SECRECY or Confidentiality
Functus officio an officer
or agency whose mandate has expired either
because of the arrival of an expiry date or because
an agency has accomplished the purpose for which
it was created.
INITIATIVE = power of the people to
propose bills independent of the
legislature.
REFERENDUM = is the right of the
people to reject or accept a measure
passed by congress.
PLEBISCITE = is the
process of making the
people decide on whether
to pass an act or not that
was never before decided
by congress.
Power of taxation is vested in
congress but limitedly
delegated to 5LGUs.
The rule of taxation shall be uniform
and equitable. The Congress shall
evolve a progressive system of
taxation.
(2) The Congress may, by law,
authorize the President to fix within
specified limits, and subject to such
limitations and restrictions as it may
impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties or imposts
within the framework of the national
development program of the
Government.
(3) Charitable institutions, churches and
personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious,
charitable, or educational purposes
shall be exempt from taxation. (if any
part of their institution is rented out
or used for business purposes, these
could be taxed).
(4) No law granting any tax
exemption shall be passed without
the concurrence of a majority of all
the Members of the Congress.
Section 29. (1) No money shall
be paid out of the Treasury
except in pursuance of an
appropriation made by law.
(2) No public money or property shall
be appropriated, applied, paid, or
employed, directly or indirectly, for the
use, benefit, or support of any sect,
church, denomination, sectarian
institution, or system of religion, or
of any priest, preacher, minister,
other religious teacher, or
dignitary as such, except when such
priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any
penal institution, or government
orphanage or leprosarium.
(3) All money collected on any tax
levied for a special purpose shall be
treated as a special fund and paid out
for such purpose only (like the road
users tax). If the purpose for which a
special fund was created has been
fulfilled or abandoned, the balance, if
any, shall be transferred to the general
funds of the Government.
Legislative investigation could only
be done in aid of legislation.
The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with
its duly published rules of procedure.
The rights of persons appearing in,
or affected by, such inquiries shall be
respected. Power to conduct inquiri
es in aid of legislation—
Investigative Power—not absolute;
subject judicial review in view of the
expanded power of the court to
determine whether there has been
grave abuse of discretion amounting to
lack or excess of jurisdiction.
Limitations:
1. The inquiry must be in aid of
legislation;
2. It must be in accordance with duly
published rules and procedure of the
House concerned; and
3.the right of persons appearing in or aff
ected by such inquiries shall BE respect
ed.
4. ATTENDANCE IS A MUST OR BE
CITED FOR CONTEMPT BY
CONGRESS, IN WHICH CASE, YOU
COULD BE DETAINED IN THE
FACILITY OF CONGRESS. Congressional Oversight Functions
( Makalintal vs. COMELEC, G.R. No.
Remedy: invoke the Right against 157013, July 10, 2003)
Self-Incrimination like what Mrs
Ligot did in the Blue Ribbon It embraces all activities undertaken by
Committee of the Senate when she Congress to enhance its
was being asked by the Senators, understanding of and influence over the
she was always invoking her right implementation of legislation it has
against self incrimination, therefore enacted. Clearly, oversight concerns
she did not answer any questions of post-enactment measures undertaken
the senators. by Congress:
a. To monitor bureaucratic compliance
Question hour is patterned from the with program objectives;
parliamentary form of government b. To determine whether agencies
used for OVERSIGHT Functions of are properly administered;
CONGRESS to the implementation of c. To eliminate executive waste and
STATUTES, laws already passed by dishonesty;
congress. Inquiry(investigation) in aid d. To prevent executive usurpation of
of legislation is for the aid in crafting a authority; and
new STATUTE. e. To assess executive conformity with
For QUESTION HOUR. The heads of the congressional perception
departments (ONLY THE of public interest.
HEADS) may,
1. upon their own initiative, with the The power of oversight has been held to
consent of the President be intrinsic in the grant of
2. upon the request of either legislative power itself and integral to
House, with the consent of the the checks and balances inherent in
President a democratic system
as the rules of each House shall OF government.The oversight power ha
provide, appear before and be heard by s also been used to ensure the account
such House on any matter pertaining to ability of regulatory commissions like the
their departments. Written questions SEC. Unlike other ordinary
shall be submitted to the President of administrative agencies, these bodies
the Senate or the Speaker of the are independent from the executive
House of Representatives at least branch and are outside the
three days before their scheduled executive department in the discharge
appearance. of their functions.
Interpellations shall not be limited to
written questions, but may cover Categories of Congressional
matters related thereto. When the Oversight Functions:
security of the State or the public a. Scrutiny— implies a lesser intensity and
interest so requires and the President continuity of attention to
so states in writing, the appearance administrativeoperations. Its primary
shall be conducted in executive purpose is to determine economy and
session. efficiency of
 theoperation of government activities. In
the exercise of legislative scrutinyCong
ress may request information and rep
ort from the other branches of govern
ment. It can give recommendations
or pass resolutions for
consideration of the agency
involved. It is based primarily on the
power of appropriation of
Congress. But legislative scrutiny
does not end inbudget
hearings. Congress can ask the heads
of departments to appear before and be
heard by either the House of Congress
on any matter pertaining to their
department. Likewise, Congress
exercises legislative scrutiny thru
its power of confirmation to
find out whether the nominee possesses
the necessary qualifications, integrity a
ndprobity required of all public servants.
b. Congressional investigation—
involves a more intense digging of
facts. It is recognized under Section 21,
Article VI. Even in the absence of
constitutional mandate, it has been
held to be an essential and
appropriate auxiliary to the legislative
functions.
c. Legislative supervision— it connotes a
continuing and informed awareness on
the part of congressional committee
regarding executive operations in a
given administrative area. It allows
Congress to scrutinize the exercise of
delegated law-
making authority, and permits Congres
s to retain part
of that delegated authority.Congress
exercises supervision over the executive
agencies through its veto power. It
typically utilizes veto provisions when
granting the President or an
executive agency the power to
promulgate regulations with the force of
law.
These provisions require the
President or an agency to present the
proposed regulations to
Congress, which retains a “right” to
approve or disapprove any regulation
before it takes effect. Such legislative
veto provisions usually provide that a
proposed regulation will
become a law after the expiration of a c
ertain period of time, only if Congress do
es not affirmatively disapprove of the
regulation in the meantime. Less
frequently, the
statuteprovides that a proposed regul
ation will become a law if Congress a
ffir-mativelyapproves it.
War powers is only limited to the
declaration of an EXISTENCE of
war and not on a Declaration of
GOING TO War. THE WAR
POWER. The Congress, by a vote
of 2/3 of both houses in joint session
assembled, voting separately, shall
have the sole power to declare the
existence of a state of war.
Power to judge physical fitness to
discharge the functions of the
presidency.
Power to revoke/extend suspension of
writ of habeas corpus.
Power to concur presidential amnesty.
Grounds for impeachment
Impeachable offenses
The Constitution limits the offenses to the
following: culpable violation of the Constitution,
treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust.
 In the 1935 and 1975 constitution, betrayal of
public trust was not an impeachable offense.
Culpable violation of the constitution
For purposes of impeachment, "culpable
violation of the Constitution" is defined as "the
deliberate and wrongful breach of the
Constitution." Further, "Violation of the
Constitution made unintentionally, in good faith,
and mere mistakes in the proper construction of
the Constitution, do not constitute an
impeachable offense."
Treason
According to the Revised Penal Code, treason is
defined as "Any Filipino citizen who levies war
against the Philippines or adheres to her
enemies, giving them aid or comfort within the
Philippines or elsewhere."
Bribery
The Revised Penal Code defines bribery in two
forms:
▪ Direct bribery is "committed by any public officer
who shall agree to perform an act constituting a
crime, in connection with the performance of this
official duties, in consideration of any offer,
promise, gift or present received by such officer,
personally or through the mediation of another."
▪ Indirect bribery is "committed by a public officer
when he accept gifts offered to him by reason of
his office."
Graft and corruption
Any violation of the Republic Act No. 3019, or
the Anti-Graft and Corrupt Practices Act is an
impeachable offense.
Other high crimes or betrayal of public trust
In Francisco Jr. vs. Nagmamalasakit na
mga Manananggol ng mga
Manggagawang Pilipino, Inc.,
the Supreme Court purposely
refused to define the meaning
of "other high crimes or
betrayal of public trust," saying
that it is "a non-justiciable political
question which is beyond the scope of
its judicial power." However, the Court
refuses to name which agency can
define it; the Court impliedly gives
the power to the House of
Representatives, which initiates all
cases of impeachment.
Impeaching officials
1. Any citizen with an endorsement
of a member of the House of Representative
may file charges.
2. The House Committee on Justice will decide by
majority vote if the complaint has substance.
3. The House Committee on Justice will decide by
majority vote if the complaint is sufficient in form.
4. The House Committee on Justice will decide by
majority vote if the complaint is sufficient in
grounds.
5. The House Committee on Justice will
decide by majority vote if there is probable
cause in the complaint.
6. The House of Representatives will
vote to impeach the official. A one-
third vote is needed.
▪ If the vote passes, the complaint will become
the "Articles of Impeachment" and the House
will appoint prosecutors who may or may not
be members of the House but subject to the
supervision of members of the house.
If it
passes the 1/3 requirement, the
official for impeachment procedure
shall now be called an IMPEACHED
official.
▪ If the vote fails in any part of the
procedure, the official accused can't
be filed for impeachment for one
calendar year. (only 1 impeachment
may be initiated per year)
7. The Senate will be sole venue for the
trial of the impeached official. Conviction
requires a two-thirds vote.
8. If convicted, there are two
punishments the Senate can mete
out:
▪ Censure or a reprimand, or
▪ Removal from office and perpetual
prohibition to hold any governmental
office.
DISCIPLINE OF
MEMBERS (Section 16, par. 3,
Article VI)
Each house may punish its members for
disorderly behavior and, withconcurrenc
e of 2/3 of all its
members, suspend (PENALTY of
suspension for not more than 60 days)
or expel a member.
The interpretation of disorderly beha
vior-
is the prerogative of the Houseconcern
ed and cannot be judicially reviewed.In
Osmeña vs. Pendatun, 109 Phil 863,the
determination of the acts
whichconstitutes disorderly behavior is
within the full discretionary authority of
the Houseconcerned, and the Court will
not review such determination, the
same being a politicalquestion.
Members of Congress may
be PREVENTIVELY suspended by the
by the Office of the Ombudsman.If
preventive suspension is challenged,
It is the Sandiganbayan who shall
decide if the preventive suspension
by the ombudsman is with grounds. (
Paredes vs. SAndiganbayan, G. R. No.
118364, August 10, 1995; Santiago vs.
Sandiganbayan, G.R. No. 128055, April
18, 2001)
The suspension from CONGRESS in
the Constitution is different from
the suspension prescribed
in the latter is not a penalty but a pre
liminary preventive measure and
is not imposed upon the petitioner for
misbehavior as a member of
Congress. (Paredes vs.
Sandiganbayan, G.R. No. 118364,
August 10, 1995)
In Miriam Defensor-Santiago vs.
Sandiganbayan, G.R. No. 128055, April
18,2001,
Section 13 of RA 3019 (where it
appears to be a ministerial duty of the
court
to issue the order of suspension upon a
determination of the validity of the crimin
al information filed before it) does not
state that the public officer should be
suspended only in the office where he
is alleged to have committed the acts
charged.
Furthermore, the order of suspension
provided in RA 3019 (anti graft and
corrupt practices act of 1989) is
distinct from the power of Congress
to discipline its own ranks. Neither
does the order of suspension encroach
upon the power of Congress. The
doctrine of separation of powers, by
itself, is not deemed to have effectively
excluded the members of Congress
from RA 3019 or its
sanctions. Suspension by the
SANDIGANBAYAN is not a penalty, it
is only a PREVENTIVE suspension so
the elected member of CONGRESS
may not be able to interfere in the
investigation using his congressional
power.
Discipline of Members by
congress needing at least 2/3 vote
of ALL MEMBERS is PENALTY of
suspension of not more than 60 of Provinces, Independent component
DAYS. cities, and highly urbanized cities,
RA6770 The OMBUDSMAN ACT and component cities.
While you file the complaint to the
allows the ombudsman to
Chief Executive’s Office, it shall be
PREVENTIVELY Suspend a the Sanggunian concern who shall
government official for at most hear and try the case and shall make
6MONTHS while the investigation and the findings and recommendation to
trial are on-going. the Chief Executive for his execution
RA 3019 Anti-graft and corruption of judgement.
gives a Preventive suspension of Sangguniang Panlalawigan will try
COMPLAINTS AGAINS municipal
maximum of 60 days for
officials for municipalities, the decision
everyAdministrative Case. Section of the Sanggunian Panlalawigan could
11. Prescription of offenses. All be appealed to the office of the
offenses punishable under RA3019 president,
shall prescribe in ten years.
Sanggunian Panlungsod or
RA3019 Section 12. Termination of Pambayan for barangays whose
office. No public officer shall be allowed decisions are final and executory, are
to resign or retire pending an the ones that makes the trial and
investigation, criminal or administrative, investigation.
or pending a prosecution against him, The issuances of PREVENTIVE
for any offense under this Act or under SUSPENSION will be done by
the provisions of the Revised Penal the President, Governor, Mayor
Code on bribery. NOTE: THIS DID NOT as the case maybe.
HAPPEN WHEN MERCEDITAS RA 3019 Anti-graft and corruption
GUITTIEREZ RESIGNED AS gives a Preventive suspension of
maximum of 60 days for
OMBUDSMAN FOLLOWING AN
everyAdministrative Case. Preventive
IMPEACHMENT COMPLAINT BASED suspension may be imposed at any time after
ON ARTICLES OF IMPEACHMENT, the issues are joined, when the evidence of guilt
is strong, and given the gravity of the offense,
THE REASON WAS IT WAS NOT THE
there is great probability that the continuance in
SANDIGANBAYAN WHO HAS office of the respondent could influence the
JURISDICTION but the SENATE. witnesses or pose a threat to the safety and
integrity of the records and other evidence:
Provided, That, any single preventive
ADMINISTRATIVE CASES IN suspension of local elective officials shall not
VIOLATION OF RA3019 COULD BE extend beyond sixty (60) days: Provided, further,
That in the event that several administrative
FILED IN THE CHIEF EXECUTIVE’S cases are filed against an elective official, he
OFFICE OR THE SANDIGANBAYAN. cannot be preventively suspended
for more than ninety (90)
For ADMINISTRATIVECASES filed in days within a single year on
the Chief Executive’s office, The the same ground or
President’s office is the venue for filing
complaints against elected officials
grounds existing and known at the
time of the first suspension. If it has shall be paid his salary and such other
many grounds, maximum of 90 emoluments during the pendency of the
appeal.
days PREVENTIVE
The decision could
SUSPENSION per year only. be SUSPENSION as
RA 3019 Section 67. Administrative penalty (preventive suspension is not
Appeals. - Decisions in administrative cases a penalty and is different from
may, within thirty (30) days from receipt thereof, SUSPENSION as penalty) for not
be appealed to the following: more than 6months (RA6019),
(a) you may appeal to the or removal from office.
sangguniang panlalawigan, in the If the penalty is only suspension,
case of decisions of the sangguniang such elective official may still run
panlungsod of component cities and
for office.
the sangguniang bayan; ( This contradicts
RA3019 section61 paragraph (c) A complaint against any If the penalty is removal from office,
elective barangay official shall be filed before the such official may no longer run for any
sangguniang panlungsod or sangguniang bayan concerned
whose decision shall be final and executory. ) office.
RA3019. A PENALTY of
(b) The Office of the President, in the case of
decisions of the sangguniang panlalawigan and Suspension may be done only if
the sangguniang panlungsod of highly urbanized it is executed more than 90days
cities and independent component cities.
Decisions of the Office of the President shall be
before the election and shall not
final and executory. be lifted until he shall have served
it, it shall not however, exceed the
Section66 RA3019. The investigation unexpired term of the official.
of the case shall be terminated *ALL TRIALS and INVESTIGATIONS
within ninety (90) days from the stops 90days before the next election
start thereof . Within thirty (30) ***Please always distinguish
days after the end of the PREVENTIVE SUSPENSION
investigation, the DECISION shall from SUSPENSION as a
be made and immediately
PENALTY.
EXECUTED. Within 30 days from
the DECISION, it could be NO LOCAL OFFICIAL may
APPEALED. be preventively suspended 90
RA3019 Section 68. Execution Pending days before an election.
Appeal. - An appeal shall not prevent a
decision from becoming final or Investigation and trial also
executory. The
respondent shall be stops 90days before an
considered as having been placed election.
under preventive suspension
again and not yet SUSPENDED If he was PREVENTIVELY
BY PENALTY during the suspended before the ninety day
pendency of an appeal. In the event ban, such PREVENTIVE
the appeal results in an exoneration, he
suspension shall be lifted 90days
 prior to the local election (this is to
prevent such PREVENTIVE
suspension from being used for
harassment and intimidation for
elections purposes). Again, note that
preventive suspension is not a
penalty but is only done so the
official charged cannot interfere with
the investigation in his official
capacity.
Section63 of RA3019 (d) Any abuse
of the exercise of the power of
preventive suspension shall be
penalized as abuse of authority.
RA6770 Ombudsman Act of 1989
(a) To conduct preliminary investigation
and prosecute criminal cases within
the jurisdiction of the Sandiganbayan.
Section 13. Mandate. – The Ombudsman
and his Deputies, as protectors of the
people, shall act promptly on
complaints filed in any form or
manner against officers or
employees of the government, or of
any subdivision, agency or
instrumentality thereof,
including government-owned or
controlled corporations, and
enforce their administrative, civil
and criminal liability in every
case where the evidence warrants in
order to promote efficient service by the
Government to the people.
Section 21. Officials Subject to
Disciplinary Authority; Exceptions. – The
Office of the Ombudsman shall have
disciplinary authority over all elective
and appointive officials of the
Government and its subdivisions,
instrumentalities and agencies,
including Members of the Cabinet,
local government, government-
owned or controlled corporations
and their subsidiaries. EXCEPT
OVER OFFICIALS who may be
removed only byimpeachment or
over Members of Congress, and the
Judiciary. However, if members of
congress or judiciary, performed the
grave abuse of discretion during their
tenure as officials in the EXECUTIVE
department, they can be
PREVENTIVELY SUSPENDED even if
they are
CONGRESSMEN. Congressmen
include senators and members of the
House of Representatives. Case of
Senator Miriam Santiago.
RA6770 OMBUDSMAN ACT of
1989. The preventive
suspension (not considered a
PENALTY) shall continue until
the case is terminated by the
Office of the Ombudsman but
not more than six
months, without pay, except when
the delay in the disposition of the case
by the Office of the Ombudsman is due
to the fault, negligence or petition of the
respondent, in which case the period of
such delay shall not be counted in
computing the period of suspension
herein provided. (Meaning it could be
more than 6months because the
delayed days that were hampered were
because of the negligence of the FORESHORE lands, beach
respondent.) properties, boracay beaches to
private applicants. DENR certified
these lands as AGRICULTURAL
Lands and are as such ALIENABLE
and Disposable)
(RP vs. Candy Maker, Inc., G.R. No.
163766,June 22, 2006)

Power relative to natural Classification of Lands of the

resources
REGALIAN DOCTRINE—Section 2,
Article XII
All lands of the public domain,
waters, minerals, coals, petroleum
and other mineral oils, all forces of
potential energy, fisheries, forests,
or timber, wildlife, flora and fauna,
and natural resources belong to
the State. With the exception of
agricultural lands, all other
natural resources shall not be
alienated.
To prove that the land subject of an
application for registration is alienable,
an applicant must conclusively establish
the existence of a positive act of the
government such as a presidential
proclamation or anexecutive order, or
an administrative action, investigation
reports of the Bureau of Lands
Investigator or alegislative act or statute.
Until then, the rules on confirmation of
imperfect title do not apply. A
certification of the Community
Environment and Natural Resources
Officer (CENRO) in the DENR stating
that the land subject of an application
is found to be within the alienable
and disposable site in a land
classification project map
is sufficient evidence to show the
real character of the land subject of
the application. (this has been
abused by the DENR in granting
Public Domain:
1.Agricultural;
2.Forest or timber;
3.Mineral lands; and
4.National parks.
Private Lands—
General Rule: No private land shall be
transferred or conveyed except to
individuals, corporations or
associations qualified to acquire or
hold lands of the public domain.
Exceptions:
1.Foreigners who inherit through intestat
e succession;
2.Former natural-
born citizen may be a transferee of priva
te lands subject tolimitations provided by
law;
3.Ownership in condominium units;
(because CONDOS only have aerial
rights and not any Title to the LAND)
4.Parity rights agreement, under 1935
Constitution. (Parity Right is an amendment
to the 1935 Constitution which granted to
Americans equal rights with Filipino citizens to
develop and exploit natural resources of the
Philippines and to operate public utilities in the
country. That was the deal required by the US in
exchange for the funds poured into the
Philippines for its rehabilitation after the war.)
Stewardship Doctrine— private
property is supposed to be held by the
individual only as a trustee for the
people in general, who are its real A Senator or Member of the House of
owner. Representatives shall, in all offenses
punishable by not more than six
years imprisonment, be privileged
Filipino First Policy— in the grant of
from arrest while the Congress is in
rights, privileges, and concessions
session. (Congress has 1 regular
covering the national economy and
session per year). No Member shall be
patrimony, the State shall give
preference to qualified questioned nor be held liable in
Filipinos. (G.R.P.C. to National any other place for any speech or
Economy and Patrimony shall give debate in the Congress or in any
preference to Qualified Filipinos) committee thereof.
(2nd paragraph, Section 10, Article As to the ELECTORAL TRIBUNAL, for
XII)This provision is self- Representatives it shall be HRET, for
executing. It is mandatory, Senators SET.
positive command which is complete in Section 17. The Senate and the House
itself and which needs no further of Representatives shall each have an
guidelines or implementing laws or Electoral Tribunal which shall be
rules for its enforcement. From its very the sole judge of all contests relating
words the provision does not require to the election, returns, and
any legislation to put it in operation. It is qualifications of their respective
per se judicially enforceable. When our Members. Each Electoral Tribunal
Constitution mandates that in the grant shall be composed of nine Members,
of rights, privileges, and concessions three of whom shall be Justices of the
covering the national economy and Supreme Court to be designated by the
patrimony, the State shall give Chief Justice, and the remaining six
preference to qualified Filipinos, shall be Members of the Senate or
it means just that—qualified Filipinos the House of Representatives, as the
must be preferred. case may be, who shall be chosen on
(Manila Prince Hotel vs. GSIS, G.R. No. the basis of proportional representation
118295,May 2, 1997) from the political parties and the parties
or organizations registered under the
Power to propose amendments to the party-list system represented therein.
constitution. Art17 secs 1 and 2 The senior Justice in the Electoral
Congressmen(Senators and Tribunal shall be its Chairman.
members of House of Reps) are Free For HRET composition, it is 3Justices
FROM from supreme court plus 6
arrest and haveIMMUNITY from an district representatives appointed by
ything said in a Privileged their party reflecting party
Speech including composition in the House of
any discussions, reports that Representative. For SET(senate
were made in committees in electoral tribunal) composition, it is 3
furtherance of the purpose of Justices from supreme court plus 6
passing a legislation. (note: senators appointed by their
committee hearings could be done party reflecting party composition in
outside of congress) the SENATE.

HRET and SET
—although attached to the Congress,
has separate and distinct personality.
It was created as a non-partisan court.
It must be independent of Congress and
devoid of partisan influence and
consideration. Members of HRET, once
appointed thereto, they
shall be accorded thereto of security
of tenure to ensure their
impartiality and independence. If
there is CONFLICT of Interest (up to
4th civil degree), the HRET member
shall be replaced. If the
HRET member dies, or could not legally
perform his function because of a legal
impediment, he shall be replaced. If
the HRET member VOLUNTARY
RESIGNS to be a member of his
PARTY, he would be replaced by the
Party as its HRET representative. (If
he is a member of the HRET, although
he maybe representing his party, he
could vote agains his partymate in his
decision in such an election protest and
he could not be replaced by his party for
such act. The case of Bondoc v.
Pineda, supra)
DOCTRINE OF INAPPROPRIATE
PROVISION—
Section 25 (2), Article VIA provision that
is constitutionally inappropriate for an
appropriation bill may besingled out for
veto even if it is not an appropriation or
revenue item.
Executive Impoundment—
refusal of the President to spend fun
ds already allocated by Congress for
specific purpose. It is the failure to
spend or
obligatebudget authority of any type.
This power is derived from Section 38 of
theAdministrative Code of 1987 on
suspension. Appropriation Reserves—
Section 37 of the Administrative Code
authorizes the Budget Secretary
to establish reserves against appropriati
ons to provide for contingencies andem
ergencies which may arise during the
year. This is merely expenditure deferr
al, not suspension, since the agencies
concerned can still draw on the reserves
if the fiscal outlook improves.
Legislative Veto—
a congressional veto is a means
whereby the legislature
canblock or modify administrative act
ion taken under a statute. It is a form o
f legislative control in the
implementation of particular
executive action. The form may either
be:
a.Negative— subjecting the executive
action to disapproval by Congress; or
b.Affirmative—requiring approval of
the executive action by Congress. A
congressional veto is subject to serious
questions involving the separation
of powers. Non-action of congress
implies an affirmative action.
Local Chief Executives have veto power
except the Punong Barangay.
POWER OF APPROPRIATION—
The spending power, called the “power
of purse” belongs to the Congress,subje
ct only to the veto power of the
President. it carries with it a power to
specify theproject or activity to be
funded under the appropriation law.
Appropriations Law—
A statute, the primary and specific purp
ose of which is toauthorize release of
public funds from the treasury.The
existence of appropriations and the
availability of funds are
indispensablepre-requisites to or
conditions
sine qua non(PRE-REQUISITE), for
the execution of government contracts.
Membership in QUORUM of
CONGRESS is determined if such
member is within the COERCIVE
powers of congressto physically pull
the body of such member inside the
session hall for his Physical
Attendance. Congress sends its
Sergeant at Arms and its personnel
to bodily force a congressman to be
in halls of congress to have a
quorum.If the congressman is in
another country, the sergeant at arms
does not have the jurisdiction and
authority in such other country, hence
such member of congress should not be
counted in the membership of congress
in the determination of a quorum.
PRESIDENTIAL TEMPORARY
INCAPACITY.
The President may write to the Senate
President and House Speaker if any
physical incapacity is hampering him to
perform his duties. After which the Vice
President shall ACT as President until
such incapacity is cured.
If Majority of the Cabinet feels the
president is unable and incapable of
performing his duties, they shall write to
the Leadership of both Houses. If such
letter is not NEGATED or contradicted
by the President in writing, the Vice
President shall Act as President until
such incapacity is cured.
When the PRESIDENT negates the
report/letter of Majority of the Cabinet
in writing that he is incapacitated, the
Majority of the Cabinet has a maximum
of 5days to rebut the negation of the
President. Here a DOUBT is
created.
When there is doubt in the capability of
the President to run the affairs of the
country and the MAJORITY OF Cabinet
sends a letter to Congress to Declare
the President as Incapacitated,
congress within 48 hours shall convene
theirJOINTsession and
within 10days from the start of such
session , or 12 days upon receipt of
letter from the cabinet that president is
not fit for office, CONGRESS must
decide and declare if the president is
fit with a required 2/3 vote of BOTH
HOUSES voting separately, if they
decided that the president is not fit, then
the Vice President Takes over as
President during the incapacity of the
President.
When the president is seriously ill
and/OR may die from such illness,
the National Security Adviser, Foreign
Affairs Secretary, and Chief of stall
of the Armed Forces of the
Philippines shall not be denied access
to the President during such illness.
Upon the Death of President and
Vice President, on the 3rd Day after
such vacancy, congress shall convene
at 10am on SESSION and within 7
days from the start of the convening
or 10days from the
vacancy , enact a law for special
election and decide the date of the
special elections but should not be
earlier than 45 days and not later
than 60days from such passage of the
BILL, to give time for Candidates to
Campaign for at least 45 days.
APPROPRIATIONS for the special
elections shall come from any current
appropriations for anything, without
need of passing any appropriation for
special elections purposes.
SPECIAL ELECTIONS are
allowed only if it is more than 180
days prior to the next election. This
is to save unnecessary expense for a
special election. Meanwhile, it shall be
the Senate President who shall be the
Acting President.
If the ACTING President dies or is
legally incapacitated, CONGRESS by
LAW shall pass a BILL on who shall
serve as ACTING PRESIDENT.
Note: ACTING PRESIDENTS do not
have Acting Vice Presidents that is
why when they die, congress will
have to pass a law on who shall be
the next acting president.
Such Acting President shall serve until
a new President and Vice President are
elected.
When the President dies or is legally
incapacitated, the Vice President shall
SUCCEED as PRESIDENT.
He shall choose among the
members of the Senate or the
House of Representative on who
shall be Vice President.
A concurrence is NEEDED With
a Majority vote from both houses
voting separately.
No person who has succeeded as
President and has served for MORE
than 4YEARS could run for election as
president at anytime.
If there is a question on the winning
President and such is not yet settled,
the Vice President Elect shall ACT as
President until such a President is
CHOSEN or Qualified.
Oath of Office of President and Vice
President
I do solemnly swear (or affirm)
that I will faithfully and
conscientiously fulfill my duties
as President (or Vice President or
ACTING President) of the
Philippines, preserve and
defend its constitution, execute
its laws, do justice to every
man, and consecrate myself to
the service of the Nation. So
help me GOD. (in case of
affirmation, last sentence shall be
omitted)
According to CORWIN, when the
president says he shall preserve and
defend the constitution, it does not
AUTHORIZE him to EXCEED HIS OWN
POWERS under the constitution under
the PRETEXT of preserving and
Defending IT.
ALL CABINET MEMBERS MAY NOT
HOLD MORE THAN 1
OFFICE, EXCEPT WHEN SUCH
OFFICES ARE IN EX-OFFICIO
capacity, or those required by the
primary functions of the executive
office concerned do not fall in the
definition, in any other office. Being a
HEAD of an EXECUTIVE Department expenditure for the next year, and its
is a full time job requiring full sources of financing
attention, specialized includingupdated receipts of existing
knowledge, skills and expertise. He revenue measures and targets of
should be precluded from dissipating proposed revenue measures.
his efforts, attention and energy
among too many positions of COMMISSION is the TERM for a
responsibility which may result to
written EVIDENCE of APPOINTMENT.
haphazardness and inefficiency.
But appointments may also be made
VERBALLY.
The PRESIDENT’s executive power is
DESIGNATION to an office is a
not absolute. Where the list of his
TEMPORARY Appointment
powers have been enumerated, this
with ADDITIONAL DUTIES to an official
restricts his perceived Blanket
of government already in that particular
Authority on all that shall need executive
department. (not subject to confirmation)
decision and action as stated in the
latest Supreme Court decision on the TEMPORARY Appointments are those
case of VP/DFA Sec. Salvador Laurel vs made to people who do not possess
Garcia, supra, on the sale of Philippine eligibility and the necessary
Properties in Roponggi,Japan with requirements and can be removed any
authority from President Cory but time at will without need to justify or
without a statutory authority coming investigate any wrong doing. (not
from congress. The supreme court said, subject to confirmation)
Laurel needs authority from PERMANENT appointments are those
CONGRESS to sell these properties. with eligibilities and are protected by the
constitution’s provision of security of
The president has the sole
tenure. These are Regular and AD
power to RATIFY treaties through Interim Appointments
his signing and agreement to a treaty or
agreement. In the case of Bayan v. APPOINTMENTS are
Executive secretary, supra, the PERMANENT in nature.
Supreme Court decided that the APPOINTMENTS which need
CONCURRING POWER of CONSENT FROM THE Commission of
the SENATE’s 2/3 vote is limited Appointments.
to amendments to the treaty Ambassadors, public ministers, consuls
and not to reject said treaty. Cabinet Members or Heads of Executive
Departments
The President must submit to
Officers of the Armed
CONGRESS within 30days from Forces from Colonel EQUIVALENT
the start of the regular to Naval Captain and up.
session the proposed budget
Officers of Governments whose appoint a rejected
appointments are not provided for by appointee EXPRESSLY made by the
law like the JBC. commission on appointments. AD
Those whom the president may be INTERIM Appointments are made by
authorized by law to appoint like the the president to avoid the hiatus in the
Chairman of SBMA discharge of official duties of an
Other officers whose appointments are executive department.
vested in him by the constitution ???? AN appointee who does not accept his
appointment will give the appointing
Other officials Lower in Rank authority to validly withdraw his
from those stated above need appointment (i.e. in cases where
elected officials opt to stay in elective
not pass the Commission on
office).
Appointment’s confirmation.
Two months or 60days prior to
LOWER IN RANK means those lower
in rank to those directly under the
the next PRESIDENTIAL election
President like the Secretaries of the and up to the end of the
different Executive Departments. President’s term, only
CONGRESS may limit appointing TEMPORARY APPOINTMENTS
power of the president by prescribing maybe made to offices which
QUALIFICATIONS for Public Office like
need to be filled to continue
those imposed in the appointments of
JUDGES needing minimum number of
PUBLIC SERVICE and ensure
years in the PRACTICE OF LAW. PUBLIC SAFETY.
REGULAR APPOINTMENTS – first Acting Presidents may make
,president nominates, then, the appointments and shall remain
commission on appointments confirms effective unless revoked by the
nomination, after the confirmation is elected president within 90days from
made, the President COMMISSIONS the elected President’s assumption
the confirmed appointee. of office.
AD INTERIM APPOINTMENTS– the
president COMMISSIONS the appointee APPOINTMENTS which expire
because Congress is in RECESS, upon together with the end of the
resumption of Session, congressional President’s term like Heads of
Commission on Appointments may Executive Departments ARE UNDER
confirm appointment, if they do not THE PREROGATIVE OF THE
tackle the appointee until the PRESIDENT. The president may
adjournment of the Regular Session, HE remove such appointee anytime,
IS DEEMED to be BYPASSED. The and such removal shall be
president may re-appoint a bypassed considered as an expiration of his
appointee. The president may not re-
term in office and not an unjust SUBORDINATES of
removal. Subordinates like the case of the
Customs Commission, Hebron vs
CABINET MEMBERS are ALTER Reyes,supra, where the president
EGOs of the president and are at all assumed jurisdiction over an
times subject to the disposition of administrative case which the civil
the President. service is to settle over the
As ALTER EGOs, they have power of government employee who
CONTROL over had civil service
ALL their SUBORDINATES.
eligibility, the president’s action
on removing such employee from
CONTROL POWER of the President ( government service
MAN STD ) wasuncontitutional.
Power to Modify, Alter, Nullify any
actions a subordinate may have The Control POWER of the
done. It is also the power President over all employees of
to Substitute The Decision of the the executive branch is thepower
subordinate with the decision of the to do or undo acts and set aside
president. Authority to order the decisions of any of its employees in
doing of an act or the undoing of an the performanceof their duties but not
act or to assume the power directly to remove these employees
vested in him by law. which should have been
thejurisdiction of the civil
DEPARTMENT HEADS KNOWN service on finding grounds for
AS CABINET removal.
SECRETARIES ARE ALTER EGO OF
THE PRESIDENT IN THEIR LAWS a President must
DEPARTMENT. THEY ENJOY enforce (ConStat JALT)
THE CONTROL POWER IN THEIR a. Constitution
DEPARTMENT BECAUSE THEY ARE b. Statutes
THE ALTER EGO OF THE c. Judicial Decisions
PRESIDENT. d. Administrative Rules and Regulations
e. Local Ordinances
f. Treaties entered by our Government
SUPERVISION is only to SEE TO IT including Doctrine of Incorporation
that the rules are The President must execute the
followed. Supervisor himself does LAWS, unless the Judiciary declares
not make the rules, does not have such law as unconstitutional. The
authority to modify or replace rules. President
shall Do Justice To Every Man, the
president need not be vigorous in
executing laws which he may have
doubts on its constitutionality, while
awaiting for the supreme court to
decide on it.
MILITARY POWERS of the
PRESIDENT
In case of Lawless Violence, the
president may call on the military to
help the police in maintaining peace
and order.
In cases of invasion or
rebellion WHEN THE PUBLIC
SAFETY REQUIRES IT, the
president may declare Martial Law for
a maximum of 60days and SUSPEND
the privilege of the writ of Habeas
Corpus only to persons judicially
charged with rebellion or offenses
inherent in or directly connected with
invasion for a maximum of 60days.
The SUPREME COURT upon the filing
of challenge in court by any
citizen may ANNUL the declaration of
Martial Law and the SUSPENSION of
the PRIVILEGE of the writ of habeas
Corpus if it is not based on
INVASION or REBELLION when the
PUBLIC Safety REQUIRES IT. The
court must make its DECISION within
30days from such filing.
During the suspension of the
privilege of the writ of habeas
corpus, any person thus arrested or
detained shall be charged judicially
within 3 days from arrest, otherwise,
he shall be released. THE RIGHT
TO BAIL of the accused rebel shall
not be impaired even with the
suspension of the privilege of habeas
corpus.
If you are inherently or directly
involved in invasion, you are
automatically arrested and your
privilege for the writ of habeas
corpus is automatically suspended
for 3 days, once you are Judicially
Charged for rebellion, your privilege
on the writ of habeas corpus is
suspended till the end of the time
congress may allow for such
suspension. (Habeas corpus is only
needed when you are in DETENTION)
CONGRESS if not in session shall
automatically convene a JOINT
session within 24hours from such
declaration. After 48hours from such
declaration of the President, the
president may report in Person in
Congress in the Joint Session to report
on the status of the country or he may
submit a written report to
congress. CONGRESS VOTING
JOINTLY with a mere
majority vote may sustain, repeal or
extend Martial Law and the
SUSPENSION of the privilege of the writ
of habeas corpus.
DURING MARTIAL LAW, Civilian
Authority is at all times
Supreme over the Military,
therefore, even in martial law, Civilians
having civil offenses are still under the
jurisdiction of Civil COURTS that have
remained open and have been regularly
functioning.
. Judicial Power is exclusively vested
by the constitution in the Supreme
Court and such other inferior
courts. Judicial power exists only in
the courts, which have exclusive
power TO HEAR, and DETERMINE
those MATTERS which affect the
LIFE, LIBERTY or PROPERTY of a
CITIZEN. JUDICIARY
MARTIAL LAW refers to that LAW
which has application when Independence of the Judiciary
the MILITARY ARM does not To maintain the independence of the
supercede civil authority but is called Judiciary, the following
upon to aid it in the execution of its safeguards have been embodied in the
civil function. Military powers have constitution;
been called upon by the president to 1. The Supreme Court is a constitutional
assist him in the maintenance of Law body. It cannot be abolished nor may its
and ORDER and that while the membership or manner of its meetings
emergency lasts, CITIZENS be changed by mere legislation.
must , upon pain of arrest and 2. The members of the Supreme Court
punishment, not commit any act may not be removed except by
which will in any way render difficult IMPEACHMENT.
the restoration of order and 3. The Supreme Court may not be
enforcement of LAW. This is a deprived of its MINIMUM original and
necessity which justifies appellate jurisdiction as prescribed in
the infringement upon private Article VIII, section5 of the constitution.
rights of person and property. 4. The appellate Jurisdiction of the
Supreme Court may not be increased by
law without its advice and concurrence.
5. Appointees to the Judiciary are now
POLICE are not NOW not part of the nominated by the Judicial Bar Council
ARMED FORCES, they are a NOW a and no longer subject to confirmation by
Bureau under the DILG. the Commission on Appointments.
6. The Supreme Court now has
administrative supervision over all lower
courts and their personnel.
7. The Supreme Court has exclusive power
to discipline Judges of Lower Courts.
8. The members of the Supreme Courts
and all lower courts have security of
tenure, which cannot be undermined by
a law reorganizing the judiciary.
PARDONING POWER of the 9. They shall not be designated to any
President, refer to CRIMINAL agency performing quasi-judicial or
administrative functions.
Law1 notes.
10. The salaries of judges may not be
reduced during their continuance in
office.
11. The judiciary shall enjoy fiscal
autonomy.
12. The Supreme Court alone may initiate
rules of court.
13. Only the Supreme Court may order the Constitutionality of Laws , including
temporary detail of judges. treaties, international and executive
14. The Supreme Court can appoint all agreements
officials and employees of the judiciary. Application or operation of
SUPREME COURT shall have 1 PRESIDENTIAL Decrees,
Chief Justice and 14 PROCLAMATIONS, LOI, Orders
Presidential Regulations called IRRs or
ASSOCIATE JUSTICE. (1+14 =
RULES of Executive Departments.
15members)
Presidential Ordinances????
It sits en banc to decide on cases.
REQUISITES:
It can at its discretion have DIVISIONS,
1. There must be actual controversy. (NOT
divisions may have 3 or 5 or 7
HYPOTHETICAL or mere
members. (3+5+7=15members). The
apprehension, allegation of actual injury
supreme court working in DIVISIONS may
however is not required because “is in
have 3Divisions working simultaneously in
immediate danger is the minimum
deciding different cases. The logic for this
requirement”)
is to decide on more cases
2. The question of constitutionality must be
simultaneously. If the supreme court sees
raised by a party with locus standi or
that a case may be handled by 3justices
legal standing.
only, then the DIVISION to handle it shall
3. The constitutiuonal question must be
be the DIVISION with 3members. If the
raised at the EARLIEST POSSIBLE
Case at the Supreme Court’s discretion
TIME.
should be handled by 5justices, then the case
4. The decision of the constitutional
shall be given to the DIVISION with
question must be necessary to the
5members. HOWEVER, the determination of the case itself.
SUPREME COURT NOW has
DECIDED to have 3 DIVISIONS THESE SHALL BE DECIDED BY THE
with 5fixed MEMBERS EACH. IF MAJORITY who took part in the
the case needs the attention of the deliberation. Take note, the majority
needed is not the 15members but only
15members, then the Supreme Court
counted against those who deliberated
will sit En Banc. and VOTED. Those who were absent
during the voting or those who abstained
COURTS are PASSIVE shall not be counted in the determination
of MAJORITY. How may this happen?
INSTRUMENTS and can only The minimum requirement to have an En
ACT when their Banc session is majority of 15 which is
JURISDICTION IS 50% plus 1. (15/2 = 7.5, 7.5+1 =
9, majority of 9 is 9/2 + 1 = 6.)
INVOKED through filing of
cases or petition or special civil In the OLD ORTHODOX VIEW, AN
actions or any other accepted UNCONSTITUTIONAL Act is not a law,
it confers no rights, it imposes no duties, it
forms. affords no protection, it creates no office,
it is in legal contemplation
INOPERATIVE as if it had not been
Automatic EN BANC CASES
passed. Under the NEW MODERN PROHIBITION, is
VIEW, the COURT in passing a question MANDAMUS, is a special civil action to
of constitutionality does not annul or mandate performance, when there is
repeal the STATUTE if it finds it in unlawful neglect in the performance of an
CONFLICT with the act which the law specifically enjoins as a
CONSTITUTION. It simply refuses to duty resulting from an office, trust,
recognize it and determine the rights of station, or unlawfully excluding others
the parties (who raised the question) just from use and enjoyment of a Right or
as if such statute had no existence. The Office to which such others are entitled,
decision affects thePARTIES only and there is no other plain, speedy, and
adequate remedy in the ordinary course
(no one else is bound or affected or
of law.
benefitted) and there is no QUO WARRANTO is an action for
JUDGMENT against the statute. IT usurpation of office or franchise or
DOES NOT REPEAL, REVOKE, against a corporation for violation of its
SUPERCEDE or annul the charter or for misuse, no-use or forfeiture
STATUTE. COURTS use both old of its rights and privileges.
and modern view, but, now because HABEAS CORPUS shall extend to all
of respect for Separation of cases of illegal confinement or detention
Power hesitate to declare a law as by which any person is deprived of his
liberty, or by which the rightful custody
TOTALLY
of any person is withheld from the person
UNCONSTITUTIONAL. entitled thereto.
Nevertheless, a declaration
of Partial Unconstitutionality will Concurrence must be a majority of only
be valid only on TWO those who took part in the deliberation
CONDITIONS: and voting and in NO CASE without
1.Legislature is willing to retain the concurrence of AT LEAST 3
valid portions only which is reflected in (THREE). If the minimum required
the SEPARABILITY CLAUSE of the 3concurring votes is not acquired, then
statute. the case shall automatically be passed to
2. Valid Portions are able to stand the COURT En BANC.
on their own as a separate statute.

Discretion on giving cases to

DIVISIONS are Cases on
QUESTIONs of LAW on Section1. The judicial Power shall be
casesalready decided by the Lower vested in one SUPREME COURT and
Courts pending APPEAL. in such lower courts as may be
CERTIoRARI , is a special action to established by Law.
rectify grave abuse of discretion Judicial Power includes the DUTY of the
amounting to lack or excess of COURTS of Justice to settle ACTUAL
jurisdiction on any part or CONTROVERSIES, involving RIGHTS
instrumentality of any branch of which are LEGALLY DEMANDABLE
government. and ENFORCEABLE, and to
determine whether or not there has
been grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any branch
or instrumentality of the Government.
Every member of the Judiciary must
be a person of PROVEN
COMPETENCE, INTEGRITY, PROBIT
Y, and independence. (probity
means Complete and confirmed
integrity; uprightness; honesty)
The President would choose Justices
and Judges from a list of at least three
nominees prepared by the Judical and
Bar Council for every vacancy. The
reason is to give the President leeway to
choose, because if did not require at
least three, the JBC may just submit one
which is tantamount to JBC being the
appointing power with the president as
formality. ALL this appointments need
no Commission on Appointment
confirmation.
FOR THE LOWER COURTS, the
PRESIDENT MUST CHOOSE
and appoint within 90 days from the
submission of the list. (90days is
3months)
Section7. No person shall be
appointed MEMBER of the SUPREME
COURT or any lower COLLEGIATE
(majority of judges decision will
decide a case) court unless he is a
NATURAL-BORN citizen of the
Philippines. A MEMBER of the
SUPREME COURT must at least be
40YEARS OLD, and must have been
a judge for at least 15years of a lower
court or engaged in the PRACTICE
OF LAW in the Philippines.
Congress is allowed to prescribe the
QUALIFICATIONS of judges ONLY of
LOWER COURTS, with a mandatory
requirement that such nominee must
be citizen(not necessarily a natural-
born) of the Philippines and a
member of the IBP.
TO BE A REGULAR JBC member,
you must be confirmed by the
Commission of APPOINTMENTS.
JBC. Judicial and Bar Council shall
be under the supervision of the
Supreme Court. Its principal
function is to recommend appointees
to the JUDICIARY. It may also
perform other functions and duties
the Supreme may assign to it.
EMOLUMENTS (Emolument is payment for an
office or employment; compensation. )of its
members shall be determined by the
Supreme Court. The budget for the
JBC operations shall be provided and
be under the Supreme Court.
COMPOSITION of the 9 man JBC. (5
ex-officio members, 4 regular
members,)
Chief Justice as Ex-Officio Chairman
1 Representative of each house of
congress as Ex-Officio Members
DOJ Secretary as ex-officio
1 Representative of IBP
1 Professor of Law
1 Retired Member of the Supreme
Court
1 Representative of the Private
Sector.
CLERK of the Supreme Court as Ex-
Officio Secretary who shall also keep
all records.
REGULAR MEMBERS (not including
the ex-offico members)of the JBC
shall be appointed by the President
for a term of 4years with the
consent(confirmation) of the
Commission on Appointments.
But being a new JBC, the first
appointed IBP representative shall
serve for 4years. IBP4
The first appointed Professor
Law shall only serve for 3years but
the next appointed Professor of Law
shall have the regular term of
4years. PL3
The first appointed RETIRED
Justice for the JBC shall only serve
for 2 years but the next appointed
RETIRED Justice shall serve the
regular 4year term. RJ2
The first appointed Representative of
the Private Sector shall serve only for
1 year but the next appointed
Representative for Private sector
shall serve a regular term of 4
years. PS1.
The result of this will be
ROTATIONAL SCHEME
membership.
ALL Those nominated by the JBC
and then appointed by the President
as Judges or JUSTICESneed not be
confirmed by the Commission on
Appointments. The President is not
bound by the SENIORITY Rule, he
may choose freely within the
nominees submitted by the JBC. The
PRESIDENT may not appoint any
Judges or Justices in a TEMPORARY
CAPACITY.
FISCAL AUTONOMY of the Supreme
Court means FREEDOM from
OUTSIDE control. ONCE it is
appropriated, no outside control
should enter. If the Supreme Court
says it needs 100 computers,DBM
must inform the SUPREME COURT
first if the government cannot
allocate the budget for 100
computers next year to the Supreme
Court, before it submits the BUDGET
of the Supreme Courtfor
APPROPRIATION by
of CONGRESS. Budget of the
COUNTRY must be submitted by the
President through DBM within
30days from the opening of the
Regular Session of Congress for its
General Appropriations Act.
Preamble of the 1987 Constitution
The Preamble reads:
“ Preamble
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society, and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony,
and secure to ourselves and our posterity, the
blessings of independence and democracy under the
rule of law and a regime of truth, justice, freedom,
a
love, equality, and peace, do ordain and promulgate
in this Constitution.[1]
”
[The Constitution establishes the Philippines as a
"democratic and republican State", where "sovereignty
resides in the people and all government authority
emanates from them". (Section 1, Article II) Consistent
with the doctrine ofseparation of powers, the powers of
the national government are exercised in main by three
branches — the executive branch headed by
the President, the legislative branch composed
of Congress and the judicial branch with the Supreme
Court occupying the highest tier of the judiciary. The
President and the members of Congress are directly
elected by the people, while the members of the
Supreme Court are appointed by the President from a
list formed by the Judicial and Bar Council. As with the
American system of government, it is Congress which
enacts the laws, subject to the veto power of the
President which may nonetheless be overturned by a
two-thirds vote of Congress (Section 27(1), Article VI).
The President has the constitutional duty to ensure the
faithful execution of the laws (Section 17, Article VII),
while the courts are expressly granted the power
of judicial review (Section 1, Article VIII), including the
power to nullify or interpret laws. The President is also
recognized as the commander-in-chief of the armed
forces (Section 18, Article VII).
The Constitution also establishes limited political autonomy
to the local government units that act as the municipal
governments for provinces, cities, municipalities,
and barangays. (Section 1, Article X) Local governments are
generally considered as falling under the executive branch,
yet local legislation requires enactment by duly elected local
legislative bodies. The Constitution (Section 3, Article X)
mandated that the Congress would enact a Local
Government Code. The Congress duly enacted Republic Act
No. 7160, The Local Government Code of 1991, which
became effective on 1 January 1992.[6] The Supreme Court
has noted that the Bill of Rights "occupies a position of
primacy in the fundamental law".[7] The Bill of Rights,
contained in Article III, enumerates the specific protections
against State power. Many of these guarantees are similar to
those provided in the American constitution and other
democratic constitutions, including the due
process and equal protection clause, the right
against unwarranted searches and seizures, the right to free
speech and the free exercise of religion, the right
against self-incrimination, and the right to habeas corpus.
The scope and limitations to these rights have largely been
determined by Philippine Supreme Court decisions.

Outside of the Bill of Rights, the Constitution also contains

several other provisions enumerating various state policies
including, i.e., the affirmation of labor "as a primary social
economic force" (Section 14, Article II); the equal protection
of "the life of the mother and the life of the unborn from
conception" (Section 12, Article II); the "Filipino family as the
foundation of the nation" (Article XV, Section 1); the
recognition of Filipino as "the national language of the
Philippines" (Section 6, Article XVI), and even a requirement
that "all educational institutions shall undertake regular
sports activities throughout the country in cooperation with
athletic clubs and other sectors." (Section 19.1, Article XIV)
Whether these provisions may, by themselves, be the
source of enforceable rights without accompanying
legislation has been the subject of considerable debate in
the legal sphere and within the Supreme Court. The Court,
for example, has ruled that a provision requiring that the
State "guarantee equal access to opportunities to public
service" could not be enforced without accompanying
legislation, and thus could not bar the disallowance of so-
called "nuisance candidates" in presidential elections.[8] But
in another case, the Court held that a provision requiring that
the State "protect and advance the right of the people to a
balanced and healthful ecology" did not require
implementing legislation to become the source of operative
rights