consti 1 para sa mga tapulan

7/30/2019 Consti 1 Para Sa Mga Tapulan

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ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein

3. And all other territories over which the Philippines has

sovereignty or jurisdiction

4. Consisting of its

a. Terrestrial

b. Fluvial; and

c. Aerial domains

5. Including its

a. Territorial sea

b. The seabed

c. The subsoil

d. The insular shelves; ande. The other submarine areas

6. The waters

a. Around

b. Between and

c. Connecting

d. The islands of the archipelago

Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the Philippines

Archipelago- a body of water studded with islands. The Philippine

archipelago is that body of water studded with islands which is

delineated in the Treaty of Paris (1898), as amended by the Treaty

of Washington (1900) and the Treaty of Great Britain (1930).

“all other territories over which the Philippines has sovereignty

or jurisdiction”

It includes any territory that presently belongs or might in the

future belong to the Philippines through any of the internationally

accepted modes of acquiring territory.

Archipelagic principle (Two elements:)

1. The definition of internal waters (as provided above);

2. The straight baseline method of delineating the territorial

sea – consists of drawing straight lines connecting

appropriate points on the coast without departing to any

appreciable extent from the general direction of the coast.

Maritime Zones

1. Territorial sea – 12 nautical miles (n.m.) from the baseline

2. Contiguous zone – 12nm from the edge of the territorial sea

3. Exclusive economic zone – 200 n.m. from the baseline [includes

(1) and (2)]

**baseline – lowest water mark along the coasts

- Normal baselines - Straight baselines

Modes of Acquiring Territory

occupation

prescription

cession

lease

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Self executing – enforceable without need for legislation (4, 6,

15, 16)

Enabling provisions – requires a law/ legislation for

implementation

Pprinciples – binding rules which must be observed in the conduct

of government



SEC 1. The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority

emanates from them.

Elements of a State (for municipal law purposes)

1. A community of persons, more or less numerous (PEOPLE)

2. Permanently occupying a definite portion of territory

(TERRITORY)

3. Independent of external control (SOVEREIGNTY)

4. Possessing an organized government to which the great body

of inhabitants render habitual obedience (GOVERNMENT)

Definition of “People”

A community of persons, sufficient in number, capable of

maintaining the continued existence of the community & held

together by a common bond of law

Definition of “Sovereignty”

1. LEGAL sovereignty

a. The supreme power to make law.

b. It is lodged in the people.

2. POLITICAL sovereignty

a. The sum total of all the influences in a state,

b. Legal and non-legal,

c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:Sovereignty is the property of the state-force due to which

it has the exclusive capacity of legal self-determination and

self-restriction.

Definition of “Government”

That institution or aggregate of institutions by which an

independent society

makes and carries out those rules of action which are necessary

to enable men to live in a social stateor which are imposed upon

the people forming that society by those who possess the power

or authority of prescribing them.

Classification of governments

1. De jure - one established by the authority of the legitimate

sovereign

2. De facto - one established in defiance of the legitimate

sovereign

Classification of de facto governments

1. De facto proper

a. That government that gets possession and control of

b. or usurps by force or by the voice of majority

c. the rightful legal government

d. and maintains itself against the will of the latter.2. Government of paramount force

a. That which is established and maintained by military

forces

b. who invade and occupy a territory of the enemy

c. in the course of war.

3. That established as an independent government by the

inhabitants of a country who rise in insurrection against

the parent state.

Definition of “Republican State” It is one wherein all government authority emanates from the

people and is exercised by representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of

direct democracy such as initiative and referendum.



SEC. 2. The Philippines renounces war as an instrument of

national policy, adopts the generally accepted principles of

international law as part of the law of the land and adheres to

the policy of peace, equality, justice, freedom, cooperation, and

amity with all nations.

Two ways of adopting International Law

Transformation – requires an act of Congress/ Parliament

Incorporation – express declaration of adoption

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument

of national policy. It does not renounce defensive war.

Some "generally accepted principles of international law"

recognized by the Court:1. Right of an alien to be released on bail while awaiting

deportation when his failure to leave the country is due to the

fact that no country will accept him (Mejoff v. Director of

Prisons, 90 Phil. 70)

2. The right of a country to establish military commissions to try

war criminals (Kuroda v. Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals ( Agustin v.

Edu, 88 SCRA 195)

Amity with all nationsThis does not mean automatic diplomatic recognition of all nations.

Diplomatic recognition remains a matter of executive discretion.

SEC 3. Civilian authority is, at all times, supreme over the military.

The Armed Forces of the Philippines is the protector of the people

and the State. Its goal is to secure the sovereignty of the State

and the integrity of the national territory.

Civilian authority/supremacy clause (1st

sentence)

1. Civilian authority simply means the supremacy of the law

because authority, under our constitutional system, can only

come from law.

2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd

and 3rd

sentences)

1. Positively, this clause singles out the military as the guardian of

the people and of the integrity of the national territory and

therefore ultimately of the majesty of the law.

2. Negatively, it is an expression of disapproval of military abuses.

SEC 4. The prime duty of the Government is to serve and protect

the people. The Government may call upon the people to defend

the State and, in the fulfillment thereof, all citizens may be

required, under conditions provided by law, to render personal,military, or civil service.

SEC. 5. The maintenance of peace and order, the protection of

life, liberty and property, and the promotion of the general

welfare are essential for the enjoyment by all the people of the

blessings of democracy.

SEC. 6. The separation of Church and State shall be inviolable.

State policies–

guidelines for the orientation of the state

SEC. 7. The State shall pursue an independent foreign policy. In

its relations with other states, the paramount consideration shall

be national sovereignty, territorial integrity, national interest,

and the right to self-determination.



SEC. 8. The Philippines, consistent with the national interest,

adopts and pursues a policy of freedom from nuclear weapons in

its territory.

Policy of freedom from nuclear weapons

1. The policy PROHIBITS:

a. The possession, control and manufacture of nuclear weapons

b. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear

energy.

SEC. 12. The State recognizes the sanctity of family life and shall

protect and strengthen the family as a basic autonomous social

institution. It shall equally protect the life of the mother and the

life of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn

1. It is not an assertion that the unborn is a legal person.

2. It is not an assertion that the life of the unborn is placed

exactly on the level of the life of the mother. Hence, when it

is necessary to save the life of the mother, the life of the

unborn may be sacrificed.

3. Under this provision, the Roe v. Wade doctrine allowing

abortion up to the 6th

month of pregnancy cannot be

adopted in the Philippines because the life of the unborn isprotected from the time of conception.

SEC.14. The State recognizes the role of women in nation-building,

and shall ensure the fundamental equality before the law of

women and men.

-the intent is not to achieve ipso facto repeal of laws offensive to

equality but to give a push to statutory legislation that would

eliminate inequality in existing laws

SEC.16. The State shall protect and advance the right of the

people to a balanced and healthful ecology in accord with the

rhythm and harmony of nature.

1. While the right to a balanced and healthful ecology is found

under the declaration of Principle and State Policies and not

under the Bill of Rights, it does not follow that it is less

important than any of the civil and political rights

enumerated in the latter. (Oposa v. Factoran)

2. The right to a balanced and healthful ecology carries with it

the correlative duty to refrain from impairing the

environment. (Oposa v. Factoran)

SEC. 26. The State shall guarantee equal access to opportunities

for public service, and prohibit political dynasties as may be

defined by law.

SEC. 27. The State shall maintain honesty and integrity in the

public service and take positive and effective measures against

graft and corruption.

SEC. 28. Subject to reasonable conditions prescribed by law, the

State adopts and implements a policy of full public disclosure of

all its transactions involving public interest.

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

SEC. 1. The legislative power shall be vested in the Congress of

the Philippines, which shall consist of a Senate and a House of

Representatives, except to the extent reserved to the people by

the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.



Classification of legislative power:

1. Original – Possessed by the people in their sovereign capacity

2. Delegated – Possessed by Congress and other legislative bodies

by virtue of the Constitution

3. Constituent – The power to amend or revise the Constitution

4. Ordinary – The power to pass ordinary laws

Note: The original legislative power of the people is exercised via

initiative and referendum. In this manner, people can directly

propose and enact laws, or approve or reject any act or law passed

by Congress or a local government unit.

Limits on the legislative power of Congress:

1. Substantive – limitations on the content of laws. E.g. no law

shall be passed establishing a state religion.

2. Procedural – limitations on the manner of passing laws. E.g.generally a bill must go through three readings on three

separate days.

Note: Provided that these two limitations are not exceeded,

Congress’ legislative power is plenary.

Corollaries of legislative power:

1. Congress cannot pass irrepealable laws. Since Congress’

powers are plenary, and limited only by the Constitution, any

attempt to limit the powers of future Congresses via anirrepealable law is not allowed.

2. Congress, as a general rule, cannot delegate its legislative

power. Since the people have already delegated legislative

power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1. Delegation of legislative power to local government units;

2. Instances when the Constitution itself allows for such

delegation [see Art. VI Sec. 23(2)]

What may Congress delegate:

Congress can only delegate, usually to administrative agencies,

RULE-MAKING POWER or LAW EXECUTION. This involves either of

two tasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a “contingent” law or

provision into actual operation.

Sections 2-4. SENATE

Composition

24 senators who shall be elected at large by the qualified voters of

the Philippines, as may be provided by law.

Qualifications

1. Natural-born citizen;

2. At least 35 years old on the day of election;

3. Able to read and write;

4. A registered voter; and

5. Philippine resident for at least 2 years immediately preceding

the day of the election.

Note: The qualifications of both Senators and Members of the

House are limited to those provided by the Constitution. Congresscannot, by law, add or subtract from these qualifications.

Term of Office:

6 years, commencing (unless otherwise provided by law) at noon,

30 June next following their election.

Term Limitations:

1. No Senator shall serve for more than 2 consecutive terms.



2. Voluntary renunciation of office for any length of time shall not

be considered as an interruption in the continuity of his service

for the full term for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES

Composition:

1. Not more than 25 members, unless otherwise fixed by law; and

2. Party-list Representatives

Election of 250 members

1. They shall be elected from legislative districts apportioned

among the provinces, cities and the Metropolitan Manila area.

2. Legislative districts are apportioned in accordance with the

number of inhabitants of each area and on the basis of auniform and progressive ratio.

a. Each district shall comprise, as far as practicable,

contiguous, compact and adjacent territory;

b. Each city with at least 250,000 inhabitants will be entitled

to at least one representative.

c. Each province will have at least one representative.

d. Legislative districts shall be re-apportioned by Congress

within 3 years after the return of each census. According

to Jack, however, while the apportionment of districts is

NOT a political question, the judiciary CANNOT compelCongress to do this.

e. The standards used to determine the apportionment of

legislative districts is meant to prevent ‘gerrymandering’,

which is the formation of a legislative district out of

separate territories so as to favor a particular candidate or

party.

Qualifications

1. Natural born citizen of the Philippines;

2. At least 25 years old on the day of the election;


4. Registered voter in the district he seeks to represent; and

5. A resident of such district for at least one year immediately

preceding the day of the election.

Term of Office

1. Each member of the House shall be elected for a term of three

(3) years which shall commence (unless otherwise provided for

by law) at noon on 30 June next following their election.

2. Voluntary renunciation of office for any length of time shall not

be considered as an interruption in the continuity of his service

for the full term for which he was elected.

Term Limitations

No member of the House of Representatives shall serve for more

than three (3) consecutive terms.

Distinctions between Term and Tenure

1. Definition

a. Terms means the period during which the elected officer is

legally authorized to assume his office and exercise the

powers thereof.

b. Tenure is the actual period during which such officer actuallyholds his position.

2. Limitation/Possible Reduction

a. Term CANNOT be reduced.

b. Tenure MAY, by law, be limited. Thus, a provision which

considers an elective office automatically vacated when the

holder thereof files a certificate of candidacy for another

elective office (except President and Vice-President) is valid,



as it only affects the officers tenure and NOT his

constitutional term.

Party-List Representatives

1. Constitute 20% of the total number of representatives, including

those under the party-list system (thus a maximum of 50 party-

list members of the House)

2. However, for 3 consecutive terms from 2 February 1987 (i.e., the

1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to

sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral

representatives are to be appointed by the President until

legislation otherwise provides.

3. Mechanics of the party-list system:

a. Registered organizations submit a list of candidates in orderof priority.

b. During the elections, these organizations are voted for at

large.

c. The number of seats that each organization gets out of the

20% allotted to the system depends on the number of votes

they get.

4. Qualifications

a. Natural born citizen of the Philippines

b. At least 25 years of age on the day of the election

c. Able to read and write

SEC. 9. In case of vacancy in the Senate or in the House of

Representatives, a SPECIAL ELECTION may be called to fill such

vacancy in the manner prescribed by law, but the Senator or

Member of the House of Representatives thus elected shall serve

only for the unexpired term.

SEC. 10. Salaries of Senators and Members of the House

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives

shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the

EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE

MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES

APPROVING SUCH INCREASE.

Note: Since the Constitution ‘provides for rules on “salaries” and

not on ‘emoluments,’ our distinguished legislators can appropriate

for themselves other sums of money such as travel allowances, as

well as other side ‘benefits.’

SEC. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

a. Legislators are privileged from arrest while Congress is “in

session” with respect to offenses punishable by up to 6 years

of imprisonment. Thus, whether Congress is in regular or

special session, the immunity from arrest applies.

b. If Congress is in recess, members thereof may be arrested.

c. The immunity is only with respect to arrests and NOT to

prosecution for criminal offenses.

2.) Legislative privilege:

a. No member shall be questioned or held liable in any forum

other than his/her respective Congressional body for any

debate or speech in the Congress or in any Committee

thereof.

b. Limitation on the privilege:



(i) Protection is only against forum other than Congress

itself. Thus for inflammatory remarks which are

otherwise privileged, a member may be sanctioned by

either the Senate or the House as the case may be.

(ii) The ‘speech or debate’ must be made in performance

of their duties as members of Congress. This includes

speeches delivered, statements made, votes cast, as

well as bills introduced, and other activities done in

performance of their official duties.

(iii) Congress need NOT be in session when the utterance is

made, as long as it forms part of ‘legislative action,’ i.e.

part of the deliberative and communicative process

used to participate in legislative proceedings in

consideration of proposed legislation or with respect

to other matters with Congress’ jurisdiction.

SEC. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full

disclosure of their financial and business interests. They shall

notify the House concerned of a potential conflict of interest that

may arise from the filing of a proposed legislation of which they

are authors.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE1. Senator/Member of the House cannot

hold any other office or employment in

the Government or any subdivision,

agency or Instrumentality thereof,

including GOCCS or their subsidiaries.

During his term. If he

does so, he forfeits

his seat.

2. Legislators cannot be appointed to any

office.

IF the office was

created or the

emoluments thereof

increased during the

term for which he

was elected.

3. Legislators cannot personally appear as

counsel before any court of justice,

electoral tribunal, quasi-judicial and

administrative bodies.

During his term of

office.

4. Legislators cannot be financially

interested directly or indirectly in any

contract with or in any franchise, or

special privilege granted by the

Government, or any subdivision, agency or

instrumentality thereof, including any

GOCC or its subsidiary.

During his term of

office.

5. Legislators cannot intervene in any

matter before any office of thegovernment.

When it is for his

pecuniary benefit orwhere he may be

called upon to act on

account of his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:

1.) Congress convenes once every year on the 4th

Monday of July

(unless otherwise provided for by law)

2.) Continues in session for as long as it sees fit, until 30 days

before the opening of the next regular session, excludingSaturdays, Sundays, and legal holidays.

Special Sessions: Called by the President at any time when

Congress is not in session.

SEC. 16. Officers:

1.) Senate President;

2.) Speaker of the House; and



3.) Each House may choose such other officers as it may deem

necessary.

Election of Officers

By a majority vote of all respective members.

Quorum to do business:

1. Majority of each House shall constitute a quorum.

2. A smaller number may adjourn from day to day and may

compel the attendance of absent members.

3. In computing a quorum, members who are outside the country

and thus outside of each House’s coercive jurisdiction are not

included.

Internal Rules:

1. Each House shall determine its own procedural rules.2. Since this is a power vested in Congress as part of its inherent

powers, under the principle of separation of powers, the courts

cannot intervene in the implementation of these rules insofar as

they affect the members of Congress.

3. Also, since Congress has the power to make these rules, it also

has the power to ignore them when circumstances so require.

Discipline:

1.) Suspension

a. Concurrence of 2/3 of ALL its members and

b. Shall not exceed 60 days.

2.) Expulsion

a. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.) The Journal is conclusive upon the courts.

2.) BUT an enrolled bill prevails over the contents of the Journal.

3.) An enrolled bill is the official copy of approved legislation and

bears the certifications of the presiding officers of each House.

Thus where the certifications are valid and are not withdrawn,

the contents of the enrolled bill are conclusive upon the courts

as regards the provision of that particular bill.

Adjournments:

1.) Neither House can adjourn for more than 3 days during the time

Congress is in session without the consent of the other House.

2.) Neither can they adjourn to any other place than that where the

two houses are sitting, without the consent of the other.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal

which shall be composed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; &2. 6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ET’s shall be chosen on

the basis of proportional representation from the political parties

and party-list organizations.

Jurisdiction:

1.) Each ET shall be the sole judge of all CONTESTS relating to the

election, returns, and qualifications of their respectivemembers. This includes determining the validity or invalidity of

a proclamation declaring a particular candidate as the winner.

2.) An ‘election contest’ is one where a defeated candidate

challenges the qualification and claims for himself the seat of a

proclaimed winner.



3.) In the absence of an election contest, the ET is without

jurisdiction. However, the power of each House to expel its

own members or even to defer their oath-taking until their

qualifications are determined may still be exercised even

without an election contest.

Issues regarding the Electoral Tribunals:

1.) Since the ET’s are independent constitutional bodies,

independent even of the House from which the members are

respectively taken, neither Congress nor the Courts may

interfere with procedural matters relating to the functions of

the ET’s, such as the setting of deadlines or filing their election

contests with the respective ETs.

2.) The ETs being independent bodies, its members may not be

arbitrarily removed from their positions in the tribunal by theparties which they represent. Neither may they be removed

for not voting according to party lines, since they are acting

independently of Congress.

3.) The mere fact that the members of either the Senate or the

House sitting on the ET are those which are sought to be

disqualified due to the filing of an election contest against

them does not warrant all of them from being disqualified

from sitting in the ET. The Constitution is quite clear that the

ET must act with both members from the SC and from theSenate or the House. If all the legislator-members of the ET

were to be disqualified, the ET would not be able to fulfill its

constitutional functions.

4.) Judicial review of decisions of the ETs may be had with the SC

only insofar as the decision or resolution was rendered without

or in excess of jurisdiction or with grave abuse of discretion

constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.) Senate President as ex-officio chairman;

2.) 12 Senators; and

3.) 12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the

basis of proportional representation from the political parties and

party-list organizations.

Voting/Action

1.) The chairman shall only vote in case of a tie.

2.) The CA shall act on all appointments within 30 session days

from their submission to Congress.

3.) The Commission shall rule by a majority vote of all the

Members.

Jurisdiction

1.) CA shall confirm the appointments by the President with

respect to the following positions:

a. Heads of the Executive Departments (except if it is the

Vice-President who is appointed to the post).

b. Ambassadors, other public ministers or consuls.

c. Officers of the AFP from the rank of Colonel or Naval

Captain: and

d. Other officers whose appointments are vested in him by

the Constitution (e.g. COMELEC members).

2.) Congress CANNOT by law prescribe that the appointment of a

person to an office created by such law shall be subject to

confirmation by the CA.

3.) Appointments extended by the President to the above-

mentioned positions while Congress is not in session shall only



be effective until disapproval by the CA or until the next

adjournment of Congress.

Meetings of the CA

1.) CA meets only while Congress is in session.

2.) Meetings are held either at the call of the Chairman or a

majority of all its members.

3.) Since the CA is also an independent constitutional body, its

rules of procedure are also outside the scope of congressional

powers as well as that of the judiciary.

Note: The ET and the CA shall be constituted within 30 days after

the Senate and the House of Representative shall have been

organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIESScope:

1. Either House or any of their committees may conduct inquires

‘in aid of legislation’.

2. “In aid of legislation” does not mean that there is pending

legislation regarding the subject of the inquiry. In fact,

investigation may be needed for purposes of proposing future

legislation.

3. If the stated purpose of the investigation is to determine the

existence of violations of the law, the investigation is no longer

‘in aid of legislation’ but ‘in aid of prosecution’. This violatesthe principle of separation of powers and is beyond the scope

of congressional powers.

Enforcement:

1. Since experience has shown that mere requests for information

does not usually work, Congress has the inherent power to

punish recalcitrant witnesses for contempt, and may have them

incarcerated until such time that they agree to testify.

2. The continuance of such incarceration only subsists for the

lifetime, or term, of such body. Once the body ceases to exist

after its final adjournment, the power to incarcerate ceases to

exist as well. Thus, each ‘Congress’ of the House lasts for only 3

years. But if one is incarcerated by the Senate, it is indefinite

because the Senate, with its staggered terms, is a continuing

body.

3. BUT, in order for a witness to be subject to this incarceration, the

primary requirement is that the inquiry is within the scope of

Congress’ powers. i.e. it is in aid of legislation.

4. The materiality of a question is determined not by its connection

to any actually pending legislation, but by its connection to the

general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and

this power is sui generis. It cannot be exercised by local

government units unless they are expressly authorized to do so.

Limitations:

1. The inquiry must be conducted in accordance with the ‘duly

published rules of procedure’ of the House conducting the

inquiry; and

2. The rights of persons appearing in or affected by such inquiriesshall be respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with

those of the legislative department, under the principle of

separations of powers, department heads cannot be compelled

to appear before Congress. Neither may the department heads

impose their appearance upon Congress.



2. Department heads may appear before Congress in the following

instances:

a. Upon their own initiative, with the consent of the President

(and that of the House concerned); or

b. Upon the request of either House (which cannot compel

them to attend)

3. The appearance will be conducted in EXECUTIVE SESSION when:

a. Required by the security of state or required by public interest;

and

b. When the President so states in writing

Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congress may,

BY LAW, authorize the President to exercise powers necessary

and proper to carry out a declared national policy.

2. Limitations:

a. Powers will be exercised for a limited period only; andb. Powers will be subject to restrictions prescribed by Congress

3. Expiration of emergency powers

a. By resolution of Congress or

b. Upon the next adjournment of Congress

Sections 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives

(Section 24)

1. Appropriation bills

2. Revenue bills

3. Tariff bills

4. Bills authorizing the increase of public debt

5. Bills of local application

6. Private bills

Note: The Senate may, however, propose or concur with

amendments.

Appropriation bills

1. The primary and specific aim of an appropriation bill is to

appropriate a sum of money from the public treasury.2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds

therefor is NOT an appropriation bill.

Revenue Bill

1. A revenue bill is one specifically designed to raise money or

revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a

provision in, for instance, the Videogram Regulatory Board law

imposing a tax on video rentals does not make the law arevenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a

municipality into a city, is deemed to have originated from the

House provided that the bill of the House was filed prior to the

filing of the bill in the Senate even if, in the end, the Senate

approved its own version.



Limitations:

1. For appropriation bills:

a. Congress cannot increase the appropriations recommended by

the President for the operation of the Government as specified

in the budget.

b. Each provision or enactment in the General Appropriations Bill

must relate specifically to some particular appropriation

therein and any such provision or enactment must be limited

in its operation to the appropriation to which it relates.

c. The procedure in approving appropriations for Congress shall

strictly follow the procedure for approving appropriations for

other departments and agencies.

d. A special appropriations bill must specify the purpose for whichit is intended and must be supported by funds actually

available as certified by the National Treasurer or to be raised

by a corresponding revenue proposal therein.

e. Transfer of appropriations:

i. Rule: No law shall be passed authorizing any transfer of

appropriations

ii. BUT 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

- President

- President of the Senate

- Speaker of the House of Representatives

- Chief of Justice of the Supreme Court

- Heads of the Constitutional Commissions

f. Discretionary funds appropriated for particular officials shall

i. Disbursed only for public purposes;

ii. Should be supported by appropriate vouchers; and

iii. Subject to guidelines as may be prescribed by law.

g. If Congress fails to pass General Appropriations Bill (GAB) by

the end of any fiscal year:

i. The GAB for the previous year is deemed reenacted

ii. It will remain in full force and effect until the GAB is

passed by Congress.

2. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL

the members of Congress.

3. For bills in general

a. Every bill shall embrace only one (1) subject, as expressed inthe title thereof

i. As a mandatory requirement

ii. The title does not have to be a complete catalogue

of everything stated in the bill. It is sufficient if the

title expresses the general subject of the bill and all the

provisions of the statute are germane to that general

subject.

iii. A bill which repeals legislation regarding the subject

matter need not state in the title that it is repealing

the latter. Thus, a repealing clause in the bill isconsidered germane to the subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3)

readings in both Houses.

2. General rule: Each reading shall be held on separate days

& printed copies thereof in its final form shall be



distributed to its Members three (3) days before its

passage.

3. Exception: If a bill is certified as urgent by the President

as to the necessity of its immediate enactment to meet a

public calamity or emergency, the 3 readings can be held

on the same day.

4. First reading – only the title is read; the bill is passed to

the proper committee

Second reading – Entire text is read and debates are

held, and amendments introduced.

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.

Veto power of President:

1. Every bill, in order to become a law, must be presented to andsigned by the President.

2. If the President does not approve of the bill, he shall veto the

same and return it with his objections to the House from

which it originated. The House shall enter the objections in

the Journal and proceed to reconsider it.

3. The President must communicate his decision to veto within

30 days from the date of receipt thereof. If he fails to do so,

the bill shall become a law as if he signed it.

4. This rule eliminates the ‘pocket veto’ whereby the President

would simply refuse to act on the bill.5. To OVERRIDE the veto, at least 2/3 of ALL the members of

each House must agree to pass the bill. In such case, the veto

is overriden and becomes a law without need of presidential

approval.

6. Item veto

a. The President may veto particular items in an appropriation,

revenue or tariff bill.

b. This veto will not affect items to which he does not object.

c. Definition of item

TYPE OF BILL ITEM

1. Revenue/tax bill - Subject of the tax and the tax rate

imposed thereon

2. Appropriations bill -Indivisible sum dedicated to a stated

purpose

d. Veto of RIDER

1. A rider is a provision which does not relate to a particular

appropriation stated in the bill.

2. Since it is an invalid provision under Section 25(2), the

President may veto it as an item.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s

appellate jurisdiction without the SC’s advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX

Limitations:

1) The rule of taxation should be UNIFORM

2) It should be EQUITABLE

3) Congress should evolve a PROGRESSIVE system of taxation.

4) The power to tax must be exercised for a public purpose

because the power exists for the general welfare

5) The due process and equal protection clauses of the

Constitution should be observed.

Delegation of power to fix rates

1) Congress may, BY LAW, authorize the President to fix the

following:

a. Tariff rates

b. Import and Export Quotas

c. Tonnage and wharfage dues

d. Other duties and imposts



Section 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people

can directly propose and enact laws or approve or reject any

act or law or part thereof passed by the Congress or local

legislative body.

2) Required Petition

a) Should be signed by at least 10% of the total number of

registered voters

b) Every legislative district should be represented by at least

3% of the registered voters

c) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER1. Executive power is vested in the President of the Philippines.

2. The scope of this power is set forth in Art. VII of the Constitution.

But this power is not limited to those set forth therein. The SC,

in Marcos v. Manglapus, referred to the RESIDUAL powers of the

President as the Chief Executive of the country, which powers

include others not set forth in the Constitution. EXAMPLE: The

President is immune from suit and criminal prosecution while he

is in office.

3. Privilege of immunity from suit is personal to the President and

may be invoked by him alone. It may also be waived by thePresident, as when he himself files suit.

4. BUT The President CANNOT dispose of state property unless

authorized by law.

Section 2. QUALIFICATIONS

1. Natural-born citizen of the Philippines

2. Registered voter;


4. At least 40 years old on the day of election

5. Philippine resident for at least 10 years immediately preceding

such election.

Note: The Vice-President has the same qualifications & term of

office as the President. He is elected with & in the same manner as

the President. He may be removed from office in the same

manner as the President.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1) The President and Vice-President shall be elected by direct vote

of the people.

2) Election returns for President and Vice-President, as duly

certified by the proper Board of Canvassers shall be forwarded to

Congress, directed to the Senate President.3) Not later than 30 days after the day of the election, the

certificates shall be opened in the presence of both houses of

Congress, assembled in joint public session.

4) The Congress, after determining the authenticity and due

execution of the certificates, shall canvass the votes.

5) The person receiving the highest number of votes shall be

proclaimed elected.

6) In case of a tie between 2 or more candidates, one shall be

chosen by a majority of ALL the members of both Houses, voting

separately. In case this results in a deadlock, the SenatePresident shall be the acting President until the deadlock is

broken.

7) The Supreme Court en banc shall act as the sole judge over all

contests relating to the election, returns, and qualifications of

the President or Vice-President and may promulgate its rules for

the purpose.



Term of Office

1. President

a) 6 years beginning at noon on 30 June immediately following

the election and ending at noon on the same day 6 years

later.

b) Term limitation: Single term only; not eligible for any

reelection.

c) Any person who has succeeded as President, and served as

such for more than 4 years shall NOT be qualified for election

to the same office at any time.

2. Vice-President:

a) 6 years, starting and ending the same time as the President.

b) Term limitation: 2 successive terms.

c) Voluntary renunciation of the office for any length of time is

NOT an interruption in the continuity of service for the fullterm for which the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS

1) Official salaries are determined by law.

2) Salaries cannot be decreased during the TENURE of the President

and the Vice-President.

3) Increases take effect only after the expiration of the TERM of the

incumbent during which the increase was approved.

4) Prohibited from receiving any other emolument from the

government or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION

Vacancies at the beginning of the term

VACANCY SUCCESSOR

President-elect fails to

qualify or to be chosen

VP-elect will be Acting President

until someone is qualified/chosen

as President.

President-elect dies or is VP becomes President.

permanently disabled.

Both President and VP-elect

are not chosen or do not

qualify or both die, or both

become permanently

disabled.

1. Senate President or

2. In case of his inability, the Speaker

of the House shall act as President

until a President or a VP shall have

been chosen and qualified.

In case of death or disability of (1)

and (2), Congress shall determine,

by law, who will be the acting

President.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR

President dies, is

permanently disabled, is

impeached, or resigns.

Vice-President becomes President

for the unexpired term.

Both President and Vice-

President die, become

permanently disabled, are

impeached, or resign.

1. Senate President or

2. In case of his inability, the

Speaker of the House shall act as

President until the President or VP

shall have been elected and

qualified.

3. Vacancy in office of Vice-President during the term for which he

was elected:

a) President will nominate new VP from any member of eitherHouse of Congress.

b) Nominee shall assume office upon confirmation by

majority vote of ALL members of both Houses, voting

separately. (Nominee forfeits seat in Congress)

4. Election of President and Vice-President after vacancy during

term



a) Congress shall convene 3 days after the vacancy in the office

of both the President and the VP, without need of a call. The

convening of Congress cannot be suspended.

b) Within 7 days after convening, Congress shall enact a law

calling for a special election to elect a President and a VP.

The special election cannot be postponed.

c) The special election shall be held not earlier than 45 days not

later than 60 days from the time of the enactment of the

law.

d) The 3 readings for the special law need not be held on

separate days.

e) The law shall be deemed enacted upon its approval on third

reading.

BUT: No special election shall be called if the vacancy occurs

within 18 months before the date of the next presidential election.

5. Temporary disability of the President:

The temporary inability of the President to discharge his duties

may be raised in either of two ways:

a) By the President himself, when he sends a written

declaration to the Senate President and the Speaker of the

House. In this case, the Vice-President will be Acting

President until the President transmits a written declaration

to the contrary.

b) When a majority of the Cabinet members transmit to the

Senate President and the Speaker their written declaration.

(i) The VP will immediately be Acting President.

(ii) BUT: If the President transmits a written declaration that

he is not disabled, he reassumes his position

(iii) If within 5 days after the President re-assumes his position,

the majority of the Cabinet retransmits their written

declaration, Congress shall decide the issue. In this event,

Congress shall reconvene within 48 hours if it is not in

session, without need of a call.

(iv) Within 10 days after Congress is required to assemble, or

12 days if Congress is not in session, a 2/3 majority of both

Houses, voting separately, is needed to find the President

temporarily disabled, in which case, the VP will be Acting

President.

6. Presidential Illness:

a) If the President is seriously ill, the public must be informed

thereof.

b) Even during such illness, the National Security Adviser, the

Secretary of Foreign Affairs, and the Chief of Staff of the AFP

are entitled to access to the President

Section 13. DISQUALIFICATIONSSUBJECT SOURCE OF DISQUALIFICATION

President, Vice-

President, Cabinet

Members, Deputies

or Assistants of

Cabinet Members

Prohibited from:

1. Holding any office or employment during

their tenure, UNLESS:

a. otherwise provided in the Constitution

(e.g. VP can be appointed a Cabinet

Member, Sec. of Justice sits on Judicial

and Bar Council); or

b. the positions are ex-officio and they do

not receive any salary or otheremoluments therefor (e.g. Sec. of

Finance is head of Monetary Board).

2. Practicing, directly or indirectly,

any other profession during their tenure;

3. Participating in any business;

4. Being 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

GOCC's or their subsidiaries.

N.B. The rule on disqualifications for the

President and his Cabinet are stricter than

the normal rules applicable to appointive

and elective officers under Art. IX-B, Sec. 7.

Spouses and 4th

degree relatives of

the President

(consanguinity or

affinity)

Cannot be appointed during President’s

tenure as:

1. Members of the Constitutional

Commissions;

2. Office of the Ombudsman;

3. Department Secretaries;

4. Department under-secretaries;5. Chairman or heads of bureaus or offices

including GOCC’s and their subsidiaries.

N.B.

a. If the spouse, etc., was already in any

of the above offices at the time before

his/her spouse became President,

he/she may continue in office. What is

prohibited is appointment and

reappointment, NOT continuation in

office.b. Spouses, etc., can be appointed to the

judiciary and as ambassadors and

consuls.

Sections 14-16. POWER TO APPOINT

Principles:

1) Since the power to appoint is executive in nature, Congress

cannot usurp this function.

2) While Congress (and the Constitution in certain cases) may

prescribe the qualifications for particular offices, the

determination of who among those who are qualified will be

appointed is the President’s prerogative.

Scope:

The President shall appoint the following:

1) Heads of executive departments (CA confirmation needed):

2) Ambassadors, other public ministers, and consuls (CA

confirmation needed).

3) Officers of AFP from rank of colonel or naval captain (CA

confirmation needed).

4) Other officers whose appointment is vested in him by the

Constitution (CA confirmation needed), such as:

a) Chairmen and members of the COMELEC, COA and CSC.

b) Regular members of the Judicial and Bar Council.c) The Ombudsman and his deputies;

d) Sectoral representatives in Congress.

N.B. President also appoints members of the Supreme Court and

judges of the lower courts, but these appointments do not need CA

confirmation.

5) All other officers whose appointments are not otherwise

provided for by law; and those whom he may be authorized by

law to appoint.

a) This includes the Chairman and members of the

Commission on Human Rights, whose appointments are

provided for by law NOT by the Constitution.

b) Congress may, by law, vest the appointment of

other officers lower in rank in the President alone or in the

courts, or in the heads of departments, agencies, boards or

commissions.

c) BUT: Congress cannot, by law, require CA confirmation of

the appointment of other officers for offices created



subsequent to the 1987 Constitution (e.g. NLRC

Commissioners, Bangko Sentral Governor).

d) ALSO: Voluntary submission by the President to the CA for

confirmation of an appointment which is not required to be

confirmed does not vest the CA with jurisdiction. The

President cannot extend the scope of the CA’s power as

provided for in the Constitution.

Procedure:

1) CA confirmation needed:

a) Nomination by President

b) Confirmation by CA

c) Appointment by President; and

d) Acceptance by appointee.

Note: At any time before all four steps have been complied with,

the President can withdraw the nomination/appointment.

2) No CA confirmation:

a) Appointment; and

b) Acceptance.

Note: Once appointee accepts, President can no longer withdraw

the appointment.

Ad-interim appointments:

1) When Congress is in recess, the President may still appoint

officers to positions subject to CA confirmation.

2) These appointments are effective immediately, but are only

effective until they are disapproved by the CA or until the next

adjournment of Congress.

3) Appointments to fill an of fice in an ‘acting’ capacity are NOT ad-

interim in nature and need no CA approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected

President within 90 days from his assumption or re-assumption of

office.

Limitation

1) 2 months immediately before the next Presidential elections, and

up to the end of his term, the President or Acting President

SHALL NOT make appointments. This is to prevent the practice

of ‘midnight appointments.”

2) EXCEPTION:

a) Can make TEMPORARY APPOINTMENTS

b) To fill EXECUTIVE POSITIONS;

c) If continued vacancies therein will prejudice public service or

endanger public safety.

Section 17. Power of Control and SupervisionPower of Control:

The power of an officer to alter, modify, or set aside what a

subordinate officer has done in the performance of his duties, and

to substitute the judgment of the officer for that of his

subordinate. Thus, the President exercises control over all the

executive departments, bureaus, and offices.

The President’s power over government-owned corporations

comes not from the Constitution but from statute. Hence, it may

be taken away by statute.

Qualified Political Agency:

1) Since all executive and administrative organizations are

adjuncts of the Executive Department, the heads of such

departments, etc. are assistants and agents of the President.

2) Thus, generally the acts of these department heads, etc, which

are performed and promulgated in the regular course of

business, are presumptively the acts of the President.



3) Exception: If the acts are disapproved or reprobated by the

President.

4) Under Administrative Law, decisions of Department

Secretaries need not be appealed to the President in order to

comply with the requirement of exhaustion of administrative

remedies.

5) Qualified political agency does NOT apply if the President is

required to act in person by law or by the Constitution.

Example: The power to grant pardons must be exercised

personally by the President.

Disciplinary Powers:

1) The power of the President to discipline officers flows from the

power to appoint the, and NOT from the power control.

2) BUT While the President may remove from office those whoare not entitled to security of tenure, or those officers with no

set terms, such as Department Heads, the officers, and

employees entitled to security of tenure cannot be summarily

removed from office.

Power of Supervision:

1) This is the power of a superior officer to ensure that the laws

are faithfully executed by subordinates.

2) The power of the president over local government units is only

of general supervision. Thus, he can only interfere with the

actions of their executive heads if these are contrary to law.

3) The execution of laws is an OBLIGATION of the President. He

cannot suspend the operation of laws.

4) The power of supervision does not include the power of

control; but the power of control necessarily includes the

power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:

1. The President is the Commander-in-Chief of the Armed Forces.

2. Whenever necessary, the President may call out the AFP to

PREVENT or SUPPRESS:

a) Lawless violence;

b) Invasion; or

c) Rebellion.

3. The President may also:

a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and

declaring martial law;

1. Grounds

a. Invasion or

b. Rebellion; and

c. Public safety requires it.

2. The invasion or rebellion must be ACTUAL and not merely

imminent.

3. Limitations:

a. Suspension or proclamation is effective for only 60 days.

b. Within 48 hours from the declaration or suspension, the

President must submit a report to Congress.

c. Congress, by majority vote and voting jointly, may revoke the

same, and the President cannot set aside the revocation.

d. In the same manner, at the President’s initiative, Congress

can extend the same for a period determined by Congress if

i. Invasion or rebellion persist and

ii. Public safety requires it.



NOTE: Congress CANNOT extend the period motu propio.

e. Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the

proclamation or suspension.

iii. Decision is promulgated within 30 days from filing. f. Martial Law does NOT:

i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or

legislative assemblies.

iii. Authorize conferment of jurisdiction on military courts

over civilians where civil courts are able to function

iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion

or offenses inherent in or directly connected withinvasion.

ii. Anyone arrested or detained during suspension must

be charged within 3 days. Otherwise he should be

released.

Note: While the suspension of the privilege of writ and the

proclamation of martial law is subject to judicial review, the actual

use by the President of the armed forces is not. Thus, troop

deployments in times of war is subject to the President’s judgment

and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:

1.) The President may grant the following:

a. Pardons (conditional or plenary)

b. Reprieves

c. Commutations

d. Remittance of fines and forfeitures

2.) These may only be granted AFTER conviction by final

judgment.

3.) ALSO: The power to grant clemency includes cases

involving administrative penalties.

4.) Where a conditional pardon is granted, the determination

of whether it has been violated rests with the President.

Limitations:

1. As to scope:

Cannot be granted:

a. Before conviction

b. In cases of impeachment

c. For violations of election laws, rules, and regulation

without the favorable recommendation of the

COMELEC

d. In cases of civil or legislative contempt

2. As to effect:

a. Does not absolve civil liabilities for an offense.

b. Does not restore public offices already forfeited,

although eligibility for the same may be restored.

Amnesty:

1. An act of grace concurred in by Congress, usually extended to

groups of persons who commit political offenses, which puts

into oblivion the offense itself.

2. President alone CANNOT grant amnesty. Amnesty needs

concurrence by a majority of all the members of Congress.

3. When a person applies for amnesty, he must admit his guilt of

the offense which is subject to such amnesty. If his application

is denied, he can be convicted based on this admission of guilt.



4. Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL

offenses Addressed to ORDINARY offenses

Granted to a CLASS of

persons

Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of

majority of all members of

Congress

No need for Congressional

concurrence

A public act. Subject to

judicial notice Private act of President. It must be

proved.

Extinguishes the offense

itself Only penalties are extinguished. May or may not restore political

rights. Absolute pardon restores.

Conditional does not.Civil indemnity is not extinguished.

May be granted before or

after conviction Only granted after conviction by final

judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) The President may contract or guarantee foreign loans on

behalf of the Republic of the Philippines with the prior

concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international

agreements

a. BUT: Such treaty of international agreement must be

concurred in by at least 2/3 of all Senators in order to be

valid and effective in our country.

b. Options of Senate when a treaty is submitted for its

approval:

i. Approve with 2/3 majority;

ii. Disapprove outright; or

iii. Approve conditionally, with suggested amendments.

c. If treaty is not re-negotiated, no treatyd. If treaty is re-negotiated and the Senate’s suggestions are

incorporated, the treaty will go into effect without need of

further Senate approval.

Note: While our municipal law makes a distinction between

international agreements and executive agreements, with the

former requiring Senate approval and the latter not needing the

same, under international law, there is no such distinction.

Note: The President cannot, by executive agreement, undertake an

obligation which indirectly circumvents a legal prohibition.e. Conflict between treaty and municipal law.

i. Philippine court:

The later enactment will prevail, be it treaty or law, as it

is the latest expression of the State’s will.

ii. International tribunal

Treaty will always prevail. A State cannot plead its

municipal law to justify noncompliance with an

international obligation.

(2) Power to appoint ambassadors, other public ministers, and

consuls.

(3) Power to receive ambassadors and other public ministers

accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the

Republic

(5) Power to deport aliens



a. This power is vested in the President by virtue of his office,

subject only to restrictions as may be provided by legislation

as regards the grounds for deportation.

b. In the absence of any legislative restriction to authority, the

President may still exercise this power.

c. The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair

hearing.

BUT: The alien is not entitled to bail as a matter of right.

ARTICLE VIII. THE JUDICIAL DEPARTMENT

SEC. 1. JUDICIAL POWER

1. Judicial power is the authority to settle justiciable controversies

or disputes involving rights that are enforceable and

demandable before the courts of justice or the redress of wrongs for violations of such rights.

2. Vested in the Supreme Court and such lower courts as may be

established by law.

3. Since the courts are given ‘judicial power’ and nothing more,

courts may neither attempt to assume or be compelled to

perform non-judicial functions. They may not be charged with

administrative functions except when reasonably incidental to

the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist

the following:

a. An actual controversy with legally demandable and

enforceable rights;

- there is actual controversy when there are conflicting

parties seeking judicial intervention in an adversarial

proceedings to invalidate a governmental act.

b. Involving real parties in interest;

c. The exercise of such power will bind the parties by virtue of

the court’s application of existing laws.

5. Judicial power cannot be exercised in vacuum. Without any

laws from which rights arise and which are violated, there can

be no recourse to the courts.

6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

a. The duty of the courts to settle actual controversies involvingrights which are legally demandable and enforceable; and

b. 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.

Political Questions:

1. A ‘political question’ is one the resolution of which has been

vested by the Constitution exclusively in either the people, in the

exercise of their sovereign capacity, or in which full discretionary

authority has been delegated to a co-equal branch of theGovernment.

2. Thus, while courts can determine questions of legality with

respect to governmental action, they cannot review government

policy and the wisdom thereof, for these questions have been

vested by the Constitution in the Executive and Legislative

Departments.

3. Three (3) Kinds of Political Question: Textual, Functional,

Prudential

SEC. 2. ROLES OF CONGRESS

1. Defining enforceable and demandable rights and prescribing

remedies for violations of such rights; and

2. Determining the court with jurisdiction to hear and decide

controversies or disputes arising from legal rights.

3. Thus, Congress has the power to define, prescribe and apportion

the jurisdiction of various courts.

4. BUT, Congress cannot deprive the Supreme Court of its

jurisdiction over cases provided for in the Constitution.



5. Creation and abolition of courts:

a. The power to create courts implies the power to abolish

and even re-organize courts.

b. BUT this power cannot be exercised in a manner which

would undermine the security of tenure of the judiciary.

c. If the abolition/re-organization is done in good faith andnot for political or personal reasons, then it is VALID.

(same rule applies for civil servants)

SEC. 3. FISCAL AUTONOMY

1. The entire judiciary shall enjoy f iscal autonomy.

2. Annual appropriations for the judiciary cannot be reduced below

the amount appropriated for the previous year.

3. Once approved, appropriations shall be automatically and

regularly released.

SECS. 4-7; 12 JUDICIARY

Composition of the Supreme Court:

1. Chief Justice and

2. 14 Associate Justices

Note: Members of the Supreme Court and of other courts

established by law shall not be designated to any agency

performing quasi-judicial or administrative functions.

Qualifications of members of the SC:

1. Natural born citizen of the Philippines

2. At least 40 years old

3. At least 15 years of experience as a judge or in the practice of

law in the Philippines

4. Person of proven competence, integrity, probity and

independence.

Qualifications of members of lower collegiate courts (CA, CTA,

Sandiganbayan)

1. Natural born citizen of the Philippines

2. Member of the Philippine bar

3. Possesses other qualifications prescribed by Congress


independence.

Qualifications of judges of lower non-collegiate courts:1. Citizen of the Philippines (may be a naturalized citizen)

2. Member of the Philippine Bar

3. Possesses other qualifications prescribed by Congress


independence.

Section 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.

A. Is under the supervision of the Supreme Court and is

composed of:1. Chief Justice, as ex-officio chairman

2. Secretary of Justice, as an ex-officio member

3. Representative of Congress, as an ex-officio member

4. Representative of the Integrated Bar

5. A professor of law

6. A retired member of the SC; and

7. Private sector representative

Note: The last four re the regular members of the JBC.

Regular members are appointed by the President with CA

approval. Regular members serve for 4 years, with

staggered terms.

B. Functions of JBC

1. Principal function: recommend appointees to the Judiciary

2. Exercise such other functions as the SC may assign to it.

Appointments to the Judiciary

1. President shall appoint from a list of at least 3 nominees

for each vacancy, as prepared by the JBC.



2. No CA confirmation is needed for appointments to the

Judiciary.

3. Vacancies in SC should be filled within 90 days from the

occurrence of the vacancy.

4. Vacancies in lower courts should be filled within 90 days

from submission to the President of the JBC list.

SEC. 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed

by law.

2. Cannot be decreased during their continuance in office, but can

be increased.

3. Members of the Judiciary are NOT exempt from payment of

income tax.

SEC. 11. TENURE/DISCIPLINARY POWERS OF SC1. Members of the SC and judges of the lower courts hold office

during good behavior until

a. The age of 70 years old; or

b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss

judges of lower courts.

b. Disciplinary action/dismissal: Majority vote of SC Justices

who took part in the deliberations and voted therein.

3. Removal of SC Justices:

a. Only by IMPEACHMENT.

b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUPREME COURT

Hearing of cases:

1. En banc; or

2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:

a. Treaty

b. International or executive agreement or

c. Law.2. All cases required to be heard en banc under the Rules of Court:

a. Appeals from Sandiganbayan; and

b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation

of

a. Presidential decrees

b. Proclamations

c. Orders

d. Instructions

e. Ordinances; andf. Other regulations.

4. Cases heard by a division where required majority of 3 was not

obtained.

5. Cases where SC modifies or reverses a doctrine or principle of

law laid down by the SC en banc or by a division.

6. Administrative cases to discipline or dismiss judges of lower

courts

7. Election contests for President and Vice-President.

Cases heard by division

1. Must be decided with the concurrence of a majority of the

members who took part in the deliberations and voted thereon.

2. Majority vote in a division should be at least 3 members.

Powers of the SC

1. SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public ministers and

consuls.



Note: This refers to foreign ambassadors, etc., stationed in

the Philippines.

b. Petitions for certiorari, prohibiton, mandamus, quo warranto,

and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in

the following:a. All cases involving the constitutionality or validity of any

i. treaty

ii. international or executive agreement

iii. law

iv. presidential decree

v. proclamation

vi. order

vii. instruction

viii. ordinance, or

ix. regulation;b. All cases involving the legality of any

i. tax

ii. impost

iii. assessment or

iv. toll or

v. any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issue

d. Criminal cases where the penalty imposed is reclusion

perpetua or higher

e. All cases where ONLY errors or questions of law are involved.

Auxiliary Administrative Powers

3. Temporarily assign lower court judges to other stations in the

public interest.

Note: Temporary assignment shall not exceed 6 months

without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage

of justice.

5. Promulgate rules concerning: (Rule-making Power)

a. The protection and enforcement of constitutional rights;

b. Pleading, practice and procedure in all courts;

c. Admission to the practice of law;

d. The Integrated Bar; and

e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. It should provide a simplified and inexpensive procedure for

the speedy disposition of cases.

b. It should be uniform for all courts of the same grade.

c. It should not diminish, increase, or modify substantive rights.

6. Appoint ALL officials and employees of the Judiciary, in

accordance with Civil Service Law. (Appointing Power)

7. Exercise administrative supervision over ALL courts and thepersonnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for

the writing of the opinion.

2. A certification to this effect must be signed by the Chief Justice

and attached to the record of the case and served upon the

parties.

3. Members of the SC who took no part, or who dissented or

abstained must state the reasons therefore.

Note: This procedure shall also be observed by all lower

collegiate courts (CA, CTA, and the Sandiganbayan).

JUDICIAL REVIEW

1. Judicial Review is the power of the SC to declare a law, treaty,

ordinance etc. unconstitutional.

2. Lower courts may also exercise the power of judicial review,

subject to the appellate jurisdiction of the SC.



3. Only SC decisions are precedent, and thus, only SC decisions are

binding on all.

Requisites

1. An ACTUAL CASE calling for the exercise of judicial power

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the

government act must have had an adverse effect on the personchallenging it.

3. The person challenging the governmental act must have

‘STANDING’, i.e. a personal and substantial interest in the case

such that he has sustained, or will sustain, direct injury as a result

of its enforcement.

4. The question of Constitutionality must be raised in the first

instance, or at the earliest opportunity.

5. Resolution of the issue of constitutionality is unavoidable or is

the very lis mota.

6. The constitutional question must be of transcendentalimportance (not a threshold requisite)

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional,

it is considered as an ‘operative fact’ which at that time had to

be complied with.

2. Thus, vested rights may have been acquired under such law

before it was declared unconstitutional.

3. These rights are not prejudiced by the subsequent declaration

that the law is unconstitutional.

SEC. 14. DECISIONS

1. Decisions MUST state clearly and distinctly the facts and the law

on which it is based.

2. Refusal to give due course to petitions for review and motions

for reconsideration must state the legal basis for such refusal.

3. Memorandum decisions, where the appellate court adopts the

findings of fact and law of the lower court, are allowed as long as

the decision adopted by reference is attached to the

Memorandum for easy reference.

4. These rules only apply to courts. They do not apply to quasi-

judicial or administrative bodies nor to military tribunals.

ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Section 1. Independent Constitutional Commissions:

) Civil Service Commission (CSC)

2) Commission on Elections (COMELEC)

3) Commission on Audit (COA)

Why Independent?

They perform vital functions of government. Protective measures:

Principal Protective Measure

1. Constitutionally created (Sec. 1)Secondary Protective Measures

2. Appointing power - independent powers of appointment (Sec.

4)

3. Rule-making power - Each Commission (en banc) may

promulgate its own procedural rules (Sec. 6)

4. Fiscal autonomy (Sec. 5) – subject to post audit

5. Fixed salaries – may not be diminished during their office (Sec.

3)

6. Commissioners have a fixed term

7. Commissioners are removable by impeachment only.

8. Permanent appointment

Section 2. DISQUALIFICATIONS

Members cannot, during their tenure:

a. Hold any other office or employment;

b. Engage in the practice of any profession;

c. Engage in the active management or control of any business,

which, in any way, may be affected by the functions of their

office; and



d. Be financially interested, direct or indirect, in any contract,

franchise, privilege granted by the government, any of its

subdivisions, agencies, instrumentalities, including GOCC's and

their subsidiaries.

Note: The Ombudsman and his deputies are subject to the samequalifications.

Section 3. SALARIES

1. Salaries are fixed by law and shall not be decreased during

their TENURE.

2. Decreases in salaries only affect those members appointed

AFTER increase.

3. Incumbent members do not lose any salary.

4. Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE

Procedures:

1. Rules: The Commissions may promulgate its own rules EN BANC.

2. Limitation: It shall not:

a) Diminish,

b) Increase, or

c) Modify substantive rights.

3. Power of SC

a. The SC may not, under Art. VIII Sec. 5(5), exercise the power to

disapprove rules of "special courts and quasi-judicial bodies."

b. In proceedings before the Commissions, the rules of the

Commission prevail.

c. n proceedings before a court, the Rules of Court prevail.

d. The SC may, however, in appropriate cases, exercise JUDICIAL

REVIEW

Section 7. DECISION MAKING/APPEAL

Decision-Making:

1. Each commission shall decide matter or cases by a majority vote

of all the members within 60 days from submission.

COMELEC may sit en banc or in 2 divisions.

Election cases, including pre-proclamation controversies are

decided in division, with motions for reconsideration filed to

the COMELEC en banc.

The SC has held that a majority decision decided by a division

of the COMELEC is a valid decision.

2. As COLLEGIAL BODIES, each commission must act as one, and no

one member can decide a case for the entire commission. (i.e.

The Chairman cannot ratify a decision which would otherwise

have been void).

Appeals:

1. Decisions, orders or rulings of the COMELEC/COA may be

brought on certiorari to the SC under Rule 65.

2. Decisions, orders or ruling of the CSC should be appealed to theCA under Rule 43.

Enforcement:

It has been held that the CSC can issue a writ of execution to

enforce judgments which are final.

THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

1) Chairman

2) Commissioners – 2 commissioners

Qualifications:

1. Natural-born citizens of the Philippines;

2. At least 35 years old at the time of their appointments;

3. With proven capacity for public administration; and

4. NOT candidates for any elective position in the elections

immediately preceding their appointment. (political lame

ducks)



5. Appointees by the President to the CSC need Commission on

Appointments (CA) confirmation

Term:

1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs

2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of predecessor

4) No temporary appointments, or appointments in acting

capacity.

Section 2. Scope:

The Civil Service embraces all:

A. branches

B. subdivisions

C. instrumentalities

D. agencies of the governmentE. including GOCCs with original charters.

1. "With Original Charter" means that the GOCC was created

by special law/by Congress

2. If incorporated under the Corporation Code, it does not fall

within the Civil Service, and is not subject to the CSC

jurisdiction.

3. Even if once government-controlled, then becomes

privatized, ceases to fall under CSC.

4. Jurisdiction is determined as of the time of filing the

complaint.

Appointments to civil service shall be:

a. Competitive positions

According to merit and fitness to be determined by

competitive examinations, as far as practicable except to

positions which are policy-determining, primarily confidential,

or highly technical.

b. Non-competitive positions

1) No need for competitive examinations.

2) 3 kinds

a. Policy-determining - formulate a method of action for

the gov't

b. Primarily confidential - more than ordinary confidence;close intimacy insures freedom of intercourse without

betrayals of personal trust...

c. Highly technical - requires technical skill to a superior degree.

c. The TEST to determine whether non/competitive is the Nature of

the responsibilities, NOT the administrative or legislative

description given to it.

d. Both types of positions are entitled to security of tenure. They

only differ in the MANNER in which they are filled.

e. Who may be appointed:1) RULE: Whoever fulfills all the qualifications prescribed by

law for a particular position may be appointed therein.

2) he CSC cannot disapprove an appointment just because

another person is better qualified, as long as the appointee is

himself qualified.

3) The CSC CANNOT add qualifications other than those

provided by law.

f. Next-In-Rank Rule

While a person next in rank is entitled to preferential

consideration, it does not follow that only he, and no one else,

can be appointed. Such person has no vested right to the

position and the appointing authority is not bound to appoint

the person next in rank.

Tenure (Classification of Positions)

Career Service Non-Career Service

1. Entrance based on merit

and fitness to be determined

1. Entrance on bases OTHER than

usual tests of merit and fitness.



as far as practicable by

competitive examinations or

based on highly technical

qualifications.

2. Entitled to security of

tenure

Tenure limited to:

a) Period specified by law,

b) Coterminous with the

appointing authority or

subject to his pleasure, or

c) Limited to the duration of

a particular project for

which purpose the

employment was made.

3. With opportunity for

advancement to higher career

positions.

Security of Tenure:

1) Officers or employees of the Civil Service cannot be removed or

suspended EXCEPT for cause provided by law. It guarantees both

procedural and substantive due process

2) For "LEGAL CAUSE" - Cause is:

a. related to and affects the administration of office, and

b. must be substantial (directly affects the rights & interests of

the public)

3) Security of tenure for Non-competitive positionsa. Primarily confidential officers and employees hold office only

for so long as confidence in them remains.

b. If there is GENUINE loss of confidence, there is no removal,

but the expiration of the term of office

c. Non-career service officers and employees do not enjoy

security of tenure.

d. Political appointees in the foreign service possess tenure

coterminous with that of the appointing authority or subject

to his pleasure.

4) One must be VALIDLY APPOINTED to enjoy security of tenure.

Thus, one who is not appointed by the proper appointing

authority does not acquire security of tenure.

Abolition of Office

To be valid, abolition must be made:

a. In good faith; (good faith is presumed)

b. Not for political or personal reasons; and

c. Not in violation of law.

Temporary employees are covered by the following rules:

1) Not protected by security of tenure - can be removed anytime

even without cause2) If they are separated, this is considered an expiration of his term.

3) BUT: They can only be removed by the one who appointed

them.

4) Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any

electioneering or in partisan political activity

1) Cannot solicit votes in favor of a particular candidate.

2) Cannot give campaign contributions or distribute campaign

materials.

3) Prohibition does not apply to department secretaries

Right to organize

The right to organize does NOT include the right to strike

Sections 6-7. DISQUALIFICATIONS

1) Losing candidates in any election (political lame ducks)



a. Cannot be appointed to any office in the government or

GOCC's or their subsidiaries

b. Period of disqualification: One (1) year after such election.

2) Elective officials

a. Not eligible for appointment or designation ANY CAPACITYto ANY PUBLIC OFFICE or position during their tenure.

b. EXCEPTION: May hold ex officio positions.

Examples:

The Vice President may be appointed Cabinet

member

Congressman may sit in the Judicial and Bar Council

c. To be eligible to hold any other office, the elected official

must first resign his office

d. Even Congress cannot, by law, authorize the appointment

of an elective official.

3) Appointive officials

a. Cannot hold any other office or employment in the

government, any subdivision, agency, instrumentality,

including GOCC's and their subsidiaries.

b. EXCEPTION: Unless otherwise allowed by law, or by the

primary functions of his position.

c. This exception DOES NOT APPLY to Cabinet members, and

those officers mentioned in Art. VII, Sec. 13. They are

governed by the stricter prohibitions contained therein.

Section 8. COMPENSATION

1) Prohibitions: applies to elected or appointed officers and

employees. Cannot receive:

Additional –an extra reward given for the same office i.e.

bonus

Double –when an officer is given 2 sets of compensation for

2 different offices held concurrently by 1 officer

Indirect Compensation

2) EXCEPTION: Unless specifically authorized by law

a. "SPECIFICALLY AUTHORIZED" means a specific authority

particularly directed to the officer or employee

concerned.b. BUT: per diems and allowances given as

REIMBURSEMENT for expenses actually incurred are not

prohibited

3) Cannot accept any present, emolument, office, title of any kind

from foreign governments UNLESS with the consent of Congress.

4) Pensions and gratuities are NOT considered as additional,

double, or indirect compensation.

THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition: (7)

1)Chairman and

2)Commissioners (6)

Qualifications:

1) Natural-born citizens of the Philippines;

2) At least 35 years old at the time of appointment

3) Holders of college degrees; and

4) Not candidates for any elective position in the immediately

preceding elections. (political lame ducks)

5) Majority of the Commission, including the Chairman must be:

a. Members of the Philippines Bar

b. Engaged in the practice of law for at least 10 years: “any

activity in or out of court, which requires the application of

law, legal procedure, knowledge, training and experience.”

6) Appointments subject to CA approval



Term:

Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1

Member - 3 yrs.

LIMITATION: Single term only: no reappointment allowed

Appointment to a vacancy: only for unexpired portion of

predecessor’s term

No temporary appointments, or appointments in acting capacity

a. Thus, the President cannot designate an incumbent

commissioner as acting Chairman.

b. The choice of temporary chairman falls under the COMELEC’s

discretion.

Section 2. POWERS AND FUNCTIONS

Quasi-executive (administrative) power

Enforce and administer all laws and regulations relative to theconduct of an election, plebiscite, initiative, referendum, and

recall.

(a) Ex: COMELEC can enjoin construction of public works within

45 days of an election.

Deputize, with the concurrence of the President, law

enforcement agencies and instrumentalities of the Government,

including the Armed Forces of the Philippines, for the exclusive

purpose of ensuring free, orderly, honest, peaceful, and credible

elections.a. This power is NOT limited to the election period.

b. Applies to both criminal and administrative cases.

Registration of political parties, organizations, or

coalitions/accreditation of citizens’ arms of the Commission on

Elections.

a. The political parties etc. must present their platform or

program of government.

b. There should be sufficient publication

c. Groups which cannot be registered:

i. Religious denominations/sects

ii. Groups which seek to achieve their goals

through violence or unlawful means

iii. Groups which refuse to uphold and adhere tothe Constitution

iv. Groups which are supported by any foreign

government.

d. BUT: Political parties with religious affiliation or which

derive their principles from religious beliefs are

registerable.

e. Financial contributions from foreign governments and their

agencies to political parties, organizations, coalitions, or

candidates related to elections constitute interference innational affairs. If accepted, it is an additional ground for

the cancellation of their registration with the Commission,

in addition to other penalties that may be prescribed by

law.

File, upon a verified complaint, or on its own initiative, petitions

in court for inclusion of exclusion of voters; investigate and,

where appropriate, prosecute cases of violations of election

laws, including acts or omissions constituting elections frauds,

offenses and malpractices.

A. COMELEC has exclusive jurisdiction to investigate and

prosecute cases for violations of election laws.

B. COMELEC can deputize prosecutors for this purpose. The

actions of the prosecutors are the actions of the COMELEC

C. Preliminary investigation conducted by COMELEC is valid.

Recommend to the Congress effective measures to minimize

election spending, including limitation of places where



propaganda materials shall be posted, and to prevent and

penalize all forms of election frauds, offenses, malpractices, and

nuisance candidacies.

Recommend to the President the removal of any officer or

employee it has deputized, or the imposition of any otherdisciplinary action, for violation or disregard or, or disobedience

to its directive, order, or decision.

Submit to the President and the congress a comprehensive

report on the conduct of each election, plebiscite, initiative,

referendum, or recall.

Quasi-judicial power

Exercise:

a. Exclusive original jurisdiction over all contests relating to theelections, returns, and qualifications of all elective Regional,

Provincial, City officials

b. Appellate jurisdiction over all contests involving:

1. Elective municipal officials decided by trial courts of general

jurisdiction

2. Elective barangay officials decided by trial courts of limited

jurisdiction.

c. Decisions, final orders, or rulings of the Commission on

election contests involving elective municipal and barangay

offices shall be final, executory, and not appealable. (questions

of facts)

Exception: Appealable to the SC on questions of law.

d. Contempt powers

1. COMELEC can exercise this power only in relation to its

adjudicatory or quasi-judicial functions. It CANNOT

exercise this in connection with its purely executive or

ministerial functions.

2. If it is a pre-proclamation controversy, the COMELEC

exercises quasi-judicial/administrative powers.

3. Its jurisdiction over ‘contests’ (after proclamation), is in

exercise of its judicial functions.

e. The COMELEC may issue writs of certiorari, prohibition and

mandamus in exercise of its appellate jurisdiction. This is not an

inherent power.

Decide, except those involving the right to vote, all questions

affecting elections, including determination of the number and

location of polling places, appointment of election officials and

inspectors, and registration of voters.

Note: Questions involving the right to vote fall within the

jurisdiction of the ordinary courts.

Quasi-legislative power

Promulgation of its own rules of procedure in order to expedite

disposition of election cases, including pre-election

controversies.

Promulgation of implementing rules on all laws on suffrage

Comelec en banc resolutions prescribing guidelines for: voters

registration, suspension of public works & gun ban, automated

voting, etc.

Powers Withheld From COMELEC (*belongs to)

to transfer a municipality from one district to another (congress)

to canvass the votes for the election of Pres. & VP (congress on a

joint session)

to determine the right to vote (courts)

inclusion and exclusion of voters (lower courts)



to decide qualification of Congress after proclamation (HRET)

Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of procedure inorder to expedite disposition of election cases, including pre-

election controversies.

Decision-Making

1. Election cases should be heard and decided in division.

2. Motions for reconsideration of decisions should be decided by

COMELEC en banc.

3. ”Decisions” mean resolutions on substantive issues.

4. If a division dismisses a case for failure of counsel to appear, the

Motion for Reconsideration here may be heard by the division.5. EXCEPTION: COMELEC en banc may directly assume jurisdiction

over a petition to correct manifest errors in the tallying of results

by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS

/ GRANTS / SPECIAL PRIVILEGES / CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

1. The enjoyment or utilization of all franchises or permits for

the operation of transportation and other public utilities,

media of communication or information.

2. Grants, special privileges or concessions granted by the

Government or any subdivision, agency or instrumentality

thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1. During the election period

a. Under Article XI, Section 9, the election period

commences 90 days before the day of the election and

ends 30 days thereafter.

b. In special cases, COMELEC can fix a period.

2. Applies not just to elections but also to plebiscites and

referenda.3. Plebiscite: Submission of constitutional amendments or

important legislative measures to the people ratification

4. Referendum: power of the electorate to approve or reject

legislation through an election called for that purpose.

COMELEC and the MEDIA

1. COMELEC cannot compel print media to donate free space to the

COMELEC. It may, however, compel it to provide space after

paying just compensation.

2. Power of COMELEC is over franchises and permits, NOTindividuals. For example, COMELEC may not regulate media

practitioners, for this would violate the freedom of expression.

Section 5. No pardon, amnesty, parole, or suspension of

sentence for violation of election laws, rules, and regulations

shall be granted by the President without the favorable

recommendation of the Commission.

Section 6

Definition of Political Party

organized group of persons pursuing the same political ideals

in a government and includes its branches, and divisions

Importance of registration of a political party

1) Registration confers juridical personality on the party.

2) It informs the public of the party's existence and ideals.

3) It identifies the party and its officers for purposes of

regulation by the COMELEC.



Section 7. No votes cast in favor of a political party, organization,

or coalition shall be valid, except for those registered under the

party-list system as provided in this Constitution.

Prohibition on block-voting

1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system

Section 8. PARTY LIST SYSTEM

No Right to be Represented in Various Boards

Political parties, organizations, or coalitions registered under

the party-list system shall NOT be represented in the

following:

1. Voters’ registrations boards,

2. Boards of election inspectors,

3. Boards of canvassers, or

4. Other similar bodies.

Poll Watchers

Political parties, etc. are entitled to appoint poll watchers in

accordance with law.

Section 10. Bona fide candidates for any public office shall be

free from any form of harassment and discrimination.

This section does not give candidates immunity from suit.

Discrimination includes unequal treatment in the availment

of media facilities.

Section 11. FUNDING

How provided

1) Funds certified by the COMELEC as necessary to defray the

expenses for holding regular and special elections, plebiscites,

initiative, referenda and recalls, shall provided in the regular or

special appropriations.

2) Funds should be certified by the COMELEC as necessary.

Release of funds

Once approved, funds should be released automatically upon

certification by the Chairman of COMELEC.

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS

Composition:

1) Chairman, and

2) Commissioners (2).

Qualifications:

1) Natural-born citizens of the Philippines

2) At least 36 years old at the time of their appointment;

3) Either:

a). CPA’s with at least 10 years auditing experience; or

b). Members of Phil. Bar with 10 years of practice.

4) Members cannot all belong to the same profession.

5) Subject to confirmation of the CA.

6) Must not have been candidates for any elective position in the

elections immediately preceding their appointment. (political

lame ducks)

Term:

1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs.

2) LIMITATION: - Single terms only; no re-appointment allowed

3) Appointments to any vacancy shall only be for the unexpired

portion of predecessor’s term

Section 2. POWERS

1) Examine, audit, and settle accounts pertaining to:

A. Revenue and receipts of funds or property; or



B. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:

A. The Government;

B. Any of its subdivisions, agencies or instrumentalities;

C. Including GOCC’s with original charters.

2) Conduct post-audit with respect to the following:

A. Constitutional bodies, commissions, and offices granted

fiscal autonomy;

B. Autonomous state colleges and universities;

C. GOCC’s and their subsidiaries incorporated under the

Corporation Code.

D. None-governmental entities receiving subsidies or

equity, directly or indirectly, from or through the

government, which are required by law of the granting of institution to submit to such audit.

3) If COA finds internal control system of audited agencies as

inadequate, COA may adopt measures, including temporary or

special pre-audit, as may be necessary.

4) Keep the general accounts of the government, preserving

vouchers and other supporting papers pertaining thereto.

5) Exclusive authority to define the scope of COA’s audit and

examination and to establish the techniques and methods

required therefor.

6) Promulgate accounting and auditing rules and regulations.

A. Including those for the prevention or disallowance of

irregular, unnecessary, excessive, extravagant, or

unconscionable expenditures or uses of government funds

and properties.

B. Failure to comply with these rules can be a ground for

disapproving the payment of a proposed expenditure.

Note:

1) The functions of COA can be classified as:

A. Examine and audit all forms of government revenues;B. Examine and audit all forms of gov’t expenditures

C. Settle gov’t accounts

D. Promulgate accounting and auditing rules (including those

for the prevention of irregular…expenditures.

E. To decide administrative cases involving expenditures of

public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts

which may be adjusted simply by arithmetic process.

3) COA has authority not just over accountable officers but also

over other officers who perform functions related to

accounting such as verification of evaluations and computation

of fees collectible, and the adoption of internal rules of control.

4) COA does not have the power to fix the amount of an unfixed

or undetermined debt.

5) Where the following requirements are complied with, it

becomes the ministerial duty of the COA to approve and pass

in audit vouchers for payment:

A. There is a law appropriating funds for a particular

purpose;

B. There is a contract, made by the proper officer,

entered into in conformity with the above-mentioned

law;



C. The goods or services covered by such contract have

been delivered or rendered in pursuance to such

contract, as attested by the proper officer; and

D. Payment has been authorized by officials of the

corresponding department or bureau.

6) Prosecutors may still review accounts already settled and

approved by COA for the purpose of determining possible

criminal liability. This is because COA’s interest in such

accounts is merely administrative.

7) COA has the power to determine the meaning of ‘public

bidding’ and what constitutes failure when regulations require

public bidding for the sale of government property.

Section 3. No law shall be passed exempting any entity of theGovernment or its subsidiary in any guise whatever, or any

investment of public funds, from the jurisdiction of the

Commission on Audit.

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