bugayong notes

1Q | Pam Louiese M. Chua Constitutional Law I Bernas, Cruz & De Leon Annotations

MEANING OF POLITICAL LAW Branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory CONSTITUIONAL LAW Study of the proper balance between the power of the state, and the rights and liberty of the people Study of the structure and powers of the Government of the Republic of the Philippines Branch of public law which treats of constitutions, their nature, formation, amendment and interpretation SCOPE OF THE STUDY • Constitutional Law 1 and 2 • Administrative Law • Law of Public Officers • Election Law • Law on Municipal Corporations NECESSITY OF THE STUDY • As a law student: required subject in law school • As a citizen: for effective active involvement in public affairs of every Filipino as

sovereignty resides in the people BASIS OF THE STUDY • 1935, 1973 and 1987 Constitution • Statutes, EO, PDs and judicial decisions • US Constitution, in relation to our Bill of Rights • American jurisprudence, in relation to our Bill of Rights • Current political events

GENERAL PRINCIPLES


DEFINITION Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised Written instrument enacted by which the fundamental powers of the government are established, limited, and defined and by which their powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people NATURE Serves as the supreme or fundamental law

− Speaks for the entire people from whom it derives its claim to obedience − Binding on all individual citizens and all organs of the government − Law to which all other laws and government action must conform

PURPOSE Establishes the basic framework and underlying principles of government

− Assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which government is founded

− Primarily designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority

CLASSES OF CONSTITUTION • As to their origin and history

− Conventional or enacted : enacted by a constituent assembly, etc. : formally struck off at a definite time and place

following a conscious effort taken by a constituent body

− Cumulative or evolved : product of growth or a long period of

development originating in customs, traditions, judicial decisions, rather than from a deliberate and formal enactment

: result of political evolution, changing by accretion rather than by any systematic method

• As to their form

− Written : given definite written form at a particular time, usually by a specially constituted authority

: codified or embodied in one document or set of documents

− Unwritten : entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character

• As to their amendment

− Rigid : cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process

: amended by a formal and usually difficult process

− Flexible : possess no higher legal authority than ordinary laws and which may be altered in the same way as other laws

: can be changed by ordinary legislation The Philippine Constitution is written, conventional and rigid. PROVISIONS OF THE CONSTITUTION 1. Constitution of Government: provisions on govt structure and powers 2. Constitution of Liberty: bill of rights 3. Constitution of Sovereignty: amendatory and revision provisions CHANGING THE CONSTITUTION Amendment : refers to isolated or piecemeal change

without considering the whole document : envisages an alteration of one or a few

specific and separable provisions Revision : revamp or rewriting of the whole instrument

: re-examination of the entire document, or of provisions of the document which have over-all implications for the entire document, to determine how and to what extent they should be altered

Revolution : action not pursuant to any provision of the constitution : not unconstitutional but extra-constitutional PROCEDURE OF AMENDING THE CONSTITUTION Importance of the amending procedure:

− Mechanism for responding to changing conditions − A safety valve against resort to revolution

1987 A17 S1 Any amendment to, or revision of, this Constitution may be proposed

by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.

THE PHILIPPINE CONSTITUTION

Pursuant to some

procedural provision of

the constitution


1987 A17 S2 Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

1987 A17 S3 The Congress may, by a vote of two-thirds of all its Members, call a

constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

1987 A17 S4 Any amendment to, or revision of, this Constitution under Section 1

hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.

STEP 1: PROPOSAL Congress/Constituent Assembly − Will formulate the amendments like normal legislation but will require more votes:

¾ of all its members − May be in joint session (making the amendments at the same time but voting

separately) or through the normal legislative process (one house to initiate then to submit to the other house)

Constitutional Convention − Body assembled for the express purpose of framing a Constitution, or revising

the existing Constitution, or formulating amendments to it for the approval of the electorate

− Members have to be elected by qualified voters since they are the direct representatives of the people in drafting the Constitution

− Called upon by Congress • Congress by 2/3 votes of all its members • Congress by majority vote of all its members to submit to the electorate the

question of calling such convention − 3 theories on the relative position of the ConCon to other departments:

• Theory of Conventional Sovereignty: ConCon supreme over other departments because the powers it exercises are in the nature of sovereign powers

• ConCon inferior because it is merely a creation of the legislature • ConCon independent and coequal—observed in the Philippines

People’s Initiative − Exercise of the people’s power as the sovereign − Mode that by-passes congressional action; in the last analysis, it still depends on

congressional action because of the needed enabling law − Requirements:

1. Petition 2. “directly proposed”: full text attached to the petition signed 3. National level: 12% of registered voters

District level: 3% of registered voters 4. Enabling law 5. Once every 5 years 6. Amendment, not revision 7. Signature is by the person indicated

STEP 2: RATIFICATION − The direct approval by the people of the amendment to, or revision of, the

Constitution − Upholds 1987 A2 S1 which states that sovereignty resides in the people

CONSTITUENT ASSEMBLY

CONSTITUTIONAL CONVENTION PEOPLE’S INITIATIVE

1. PROPOSAL

Changes Revisions and amendments Amendments

Agent Congress Group of elected delegates The People

# of votes required

¾ of all Congress members—to pass A or R

2/3 of all Congress

members—to call

Majority of all congress

members—to put into a plebiscite

National: 12% of registered voters

District: 3% of

registered voters

2. RATIFICATION

# of votes required Majority of the votes cast in a plebiscite

Starting point of waiting

time After the approval of such amendment or revision

After the certification of the COMELEC of the

sufficiency of the petition

Waiting period 60 days ≤ x ≥ 90 days

Effectivity General: the day the votes are cast Exception: when the amendment states otherwise


JUDICIAL REVIEW OF AMENDMENTS The question of the validity of the adoption of amendments to the Constitution is subject to judicial review. The present doctrine allows the courts to inquire into whether or not the prescribed procedure for amendment has been observed.

− Substance: generally not subject to judicial review − Manner: subject to judicial review since it is based on the Constitution

CONSTITUTIONAL HISTORY 1935, 1971 AND 1987 CONSTITUTIONS De Leon


DEFINITION Community of person, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience

− Legal concept (as compared to nation) − The principal (as compared to government)

Nation : usually used interchangeably with sate but actually have different

connotations : indicates relation of birth or origin and implies a common race,

usually characterized by community of language and customs : racial/ethnic concept

Government : only an element of the State

: merely the State’s agent : externalizes the State and articulates its will

Nation State Government Administration

Racial/ethnic concept Legal concept

Exists only in contemplation of law

Embodiment of the State

Institution/position/office Group of persons currently elected

ELEMENTS 2 other elements some writers consider: (1) recognition; and (2) possession of a sufficient degree of civilization—which are not taken into consideration because they are too subjective

1. PEOPLE − Inhabitants of the state − No legal requirement − Must be numerous enough to be self-sufficing and to defend

themselves, and small enough to be easily administered and sustained − Must come from both sexes to be able to perpetuate themselves − More comprehensive but less cohesive than a nation − An amorphous group of individuals inhabiting the same territory, the

people may develop and share certain characteristics and interests, such as a common language, a common religion, and a common set of customs and traditions that will unite them into the more closely-knit entity known as nation

2. TERRITORY − Fixed portion of the surface of the earth inhabited by the people of the State − 1987 A1: The national territory comprises the Philippine archipelago, with all

the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

− Philippine national territory includes the following: • the Philippine archipelago, with all the islands and waters embraced

therein; Archipelago : cluster of islands forming a territorial unity or a unit of

water studded with islands : group of islands, including parts of islands,

interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such (UNCLOS)

• all other territories over which the Philippines has sovereignty or

jurisdiction consisting of terrestrial, fluvial and aerial domains; − Treaty of Paris territory − US-Spain treaty (Nov 1900), specifically the islands of

Cagayan, Sulu and Sibuto − US-Great Britain treaty (Jan 1930), specifically the Turtle and

Mangsee islands − 1935 Constitution, island of Batanes − 1973 Constitution, those contemplated in the phrase

“belonging to the Philippines by historic right or legal title”

Terrestrial domain : the land mass Maritime and fluvial domain : the inland (fluvial), internal and

external waters (maritime) Aerial domain : the air space above the land and

waters : extends only until where outer

space begins * Equivalent to “all other territories belonging to the Philippines by historic right or legal title”; No abandonment of fight for Sabah, etc. * “All other territories” was a catchall phrase to cover areas linked to the Philippines with varying degrees of certainty and firmness

THE CONCEPT OF THE STATE


• the territorial sea, the seabed, the subsoil, and insular shelves and other submarine areas; and

Baseline : acquired through the straight baseline method, under

which instead of the baseline following the sinuosities of the coast (as per the normal baseline method), it is drawn as straight lines connecting appropriate points on the coast, without departing to any appreciable extent from the general direction of the coast

: starting point for measuring the maritime territory of a coastal state.

: Defined by RA 3046 and 5446

Territorial seas : defined by the Jamaica Convention on the Law of the Sea

: consist of a marginal belt of maritime waters adjacent to the baselines extending 12 nautical miles outward

: subject to the right of innocent passage by other states, or the passage not prejudicial to the interests of the coastal state nor contrary to recognized principles of international law

Seabed : the land that holds the sea, lying beyond the seashore,

including mineral and natural resources. It is at the top portion of the submarine area.

Subsoil : everything beneath the surface soil and the seabed

including mineral and natural resources.

Insular Shelves : the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached

: This is the seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea. The continental shelf extends 200 nautical miles, and in some cases may extend up to 350 miles, following the natural prolongation of the soil.

Other submarine areas: refers to those which are under the territorial

sea. They are otherwise referred to as seamount, trough, trench, deep, bank, shoal, and reef.


• the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Internal waters : Waters of the sea landwards from the

baselines Inland water : bays, rivers, streams; bodies of water located

in the terrestrial domain Archipelagic waters : areas in the internal waters which had not

previously been considered as such

General : no right of passage in internal and inland waters Exception: archipelagic waters

Archipelagic principle: connect the outermost points of the

archipelago with straight baselines and consider all the waters enclose thereby as internal waters

3. GOVERNMENT

− the agency or instrumentality through which the will of the state is formulated, expressed and realized

− 1987 A2 S1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

− Within the sphere of its agency, it is a perfect representative of the state, but outside of that it is a lawless usurpation

− Whatever good is done by the government is attributed to the state but every harm inflicted on the people is imputed not to the state but to the government alone

− Direct state action is the replacement of the government by revolution, theoretically at the behest of the state

Government of the Philippines 1987 Adm. Code S2 P1: Government of the Republic of the

Philippines refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

− Does not include GOCCs engaged in proprietary functions

Functions Constituent fxn : constitute the very bonds of society and are therefore

compulsory. : exercised as attributes of sovereignty

− Keeping of order and providing protection − Fixing the legal relations between husband and wife, and between

parents and children − Regulation of the holding, transmission and interchange of

property, and the determination of its liabilities for debt or for crime

− Determination of contractual rights between individuals − Definition and punishment of crimes − Administration of justice in civil cases − Administration of political duties, privileges and relations of

citizens − Dealings with foreign powers, the preservation from external

danger, and the advancement of its international interests

Ministrant fxn : undertaken to advance the general interests of society, such as public works, public charity, and regulation of trade and industry

: merely optional : distinguishes paternalistic from individualistic

government : principles for determining whether or not a government

shall exercise these optional functions: − Private capital would not naturally undertake − Government is better equipped to administer for

the public welfare than any private individual or group

1987 A2 S10 : The State shall promote social justice in all phases of

national development. − Distinction between constituent and ministrant fxns blurred

because of the repudiation of the laissez faire policy in the Constitution

− Functions, while traditionally regarded as merely ministrant and optional, have been made compulsory by the constitution

Doctrine of Parens Patriae

− Guardian of the rights of the people − Inherent in the supreme power of every State, and has no affinity

to those arbitrary powers which are sometimes exerted by irresponsible monarchs to the great detriment of the people and the destruction of their liberties

− Right of the government to file the case for the State as a parens patriae in representation of the legitimate claimants


De Jure and De Facto Government De jure government : has rightful title but no power or control,

either because this bas been withdrawn from it or because it has not yet actually entered into the exercise thereof

De facto government : government of fact that actually exercises

power or control but without legal title − Internally instituted: the government that gets possession and

control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter (de facto proper)

− Internally instituted: the government established independently by the inhabitants of a country who rise against the parent state (insurrection)

− Externally instituted: the government established and maintained by military forces who invade and occupy a territory of the enemy in the course of war (government of paramount force) • Existence is maintained by active military power within the

territories, and against the rightful authority of an established and lawful government

• Must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government

Administration

− Is the group of persons in whose hands the reins of government are for the time being

− Runs the government, as a machinist operates a machine − Transitional (as government is permanent)

4. SOVEREIGNTY

− Supreme and uncontrollable power inherent in a state by which that state is governed

− Permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible

Legal Sovereignty : authority which has the power to issue final commands : Congress

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

of the influences that operate upon it : different sectors that mold public opinion

Internal Sovereignty : power of the state to control its domestic affairs

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

with other states : also known as independence

During belligerent occupation: sovereignty not suspended or abrogated or changed although acts of sovereignty cannot be exercised by the legitimate authority

: only suspension of political laws, subject to revival upon the end of the occupation (principle of postliminy)

: municipal laws continue in effect

• suspension of political laws affects only civilian inhabitants, member of the Armed Forces continue to be covered by the National Defense Act, Articles of War and other relevant laws

• political laws suspended except that on treason • judicial decisions which are not political in color are valid

During change of sovereignty: political laws are abrogated : municipal laws continue in effect

PHILIPPINES AS A STATE ACTS OF STATE Act done by the political departments of the government and not subject to judicial review


1987 A16 S3 The State may not be sued without its consent. BASED ON THE VERY ESSENCE OF SOVEREIGNTY Principle of the sovereign equality of states: merely a recognition of the sovereign character of the State and an express affirmation of the unwritten rule insulating it from the jurisdiction of the its courts of justice and those of other states Manifestation of republican government: sovereignty resides in the people. When people sue the government, they are in effect attempting to sue themselves along with the rest of the people represented by their common government Justice Holmes: based not on “any formal conception or obsolete theory but on the logical and practical ground that there can be no legal right against the authority which makes the law on which the right depends” BASED ON REASONS OF PUBLIC POLICY Practicality: Demands and inconveniences of litigation will divert the time and resources of the state from the more pressing matters demanding its attention to the prejudice of the public welfare APPLICATION Suit against the state : the decision rendered against the public officer

impleaded will require an affirmative act from the state, : complaint will be dismissed

• Suits directly against the Republic of the Philippines • The state is the real party in interest • The claim will be a direct liability of the state • Claim that will require an affirmative action in the form of an appropriation • Claim that will require the affirmative performance of some asserted

obligation from the state in its political capacity • Claim for damages for injuries • Claims for just compensation for the taking of private property under the

power of the state on eminent domain Not a suit against the state:

• An appropriation had already been made by the government • The officer impleaded may by himself alone comply with the decision of the

court without the necessity of involving the State • Against a public officer who acted without or in excess of jurisdiction, any

injury caused by him is his own personal liability and cannot be imputed to the State

WAIVER OF IMMUNITY GENERAL : The state cannot be sued. EXCEPTION : The state consents to being sued.

FORMS OF CONSENT Express consent : may be manifested either through a general law or a special law

: must be embodied in a duly enacted statute and may not be given by mere counsel of the government

Act No. 3083 : consents to be sued on liability arising from contracts CA No. 327 : claims against the government must first be filed with the

Commission on Audit, which must act upon it within 60 days. Rejection of the claim will authorize the claimant to elevate the matter to the SC on certiorari and in effect sue the State with its consent

Implied consent : given when the state itself commences litigation or when it enters

into a contract Commences litigation : the State must be asking for affirmative relief

Enter into a contract : contract must be entered into in its proprietary function (jure gestionis, not jure imperii)

SUITS AGAINST GOVERNMENT AGENCIES Filed not against the government itself or its officials but against one of its entities Incorporated agency : Created by a charter that gives them a separate

juridical entity “to sue and be sued” : Ex: GOCCs, SSS, UP, cities or municipalities

Suable : charter says so, regardless whether acting in

government or proprietary function Not suable : charter says not suable

Unincorporated agency : has no separate juridical personality but is merged in the general machinery of the government

: Ex: DOJ, Bureau of Mines, Government Printing Office, Suable : acting in proprietary function

Not suable : acting in governmental function, even with incidental proprietary enterprises

EXEMPTION FORM LEGAL REQUIREMENTS When the state litigates, either directly or through its authorized officers, the following do not apply:

− Bond for damages − Appeal bond − Legal fees − Interest (unless otherwise stated by the statute or in eminent domain cases) − Statutes of limitation

THE DOCTRINE OF STATE IMMUNITY


SUABLE ≠ LIABLE − When the state allows itself to be sued, all it does in effect is to give the other

party an opportunity to prove that the State is liable − The consent of the state to be sued does not mean that it concedes its liability

Municipal Corporations Liable : acting in proprietary function Not liable : acting in governmental function

CONSENT TO EXECUTE JUDGMENT − When the state gives it consent to be sued, it does not thereby also consent to

the execution of the judgment against it − Such execution will require another waiver, lacking which the decision cannot be

enforced − Limit the claimant’s action only up to the completion of proceedings anterior to

the stage of execution, and that the power of courts ends when the judgment is rendered, since government funds and properties may not be seized under writs if execution or garnishment to satisfy such judgments, is based on obvious considerations of public policy

WAYS OF SUING THE STATE 1. Direct suit against the state: ______ v. Republic of the Philippines 2. Indirect suit against the state

______ v. Public Officer • When they are acting in the discharge of

their official functions; within their jurisdiction ______ v. Government agency • Against incorporated agency

− When its charter does not allow it to sue and be sued

• Against unincorporated agency

− When its primary function is governmental

EXCEPTIONS TO STATE IMMUNITY When the petitioner is actually suing the state, but immunity does not lie and consent is not needed:

1. Compelling a public officer to do an obligation 2. Prohibiting a public officer from enforcing an unconstitutional law 3. Compelling the national treasurer to pay damages from an already

appropriated fund 4. Compelling a public officer to refund tax overpayments from a fund already

available for the purpose 5. Compelling a public officer to comply with a judgment that he may satisfy

himself without the government itself having to do a positive act to assist him

6. Government violated its own laws/injustice is perpetrated CONSENT TO SUIT/WAIVER OF IMMUNITY Express consent : permission is given to be sued

• General statute (Act 3083; CA 327) • Special statute (Charter of a municipality; ex: Merritt)

Implied waiver : abandonment of right to invoke immunity

• Entering into a business contract • Commencing litigation asking for affirmative relief • Intervening in a case to plead immunity

BUGAYONG NOTES

Test: When the

judgment against such officials will require the state

itself to perform an affirmative act to satisfy the same


LIABILITY OF THE STATE Test : when judgment has been rendered finding the government at fault

: when the application of the law on the facts shows that the government is at fault

− Another consent from the state is required − 1987 A6 S29 P1: No money shall be paid out of the Treasury except in

pursuance of an appropriation made by law. o Prevents the courts from garnishing on the funds of the

government o So as to not affect the public functions of the government


Intended to lay down rules underlying our system of government and must therefore be adhered to in the conduct of public affairs and the resolution of public issues Purpose is to emphasize and articulate more unequivocally the objectives and limitations of governmental action in pursuit of the general goals announced in the Preamble Principles : binding rules which must be observed in the conduct of

government Policies : guidelines for the orientation of the state * Difference between the two is irrelevant in our Constitution PREAMBLE − Written in the first person to deepen the sense of involvement and participation of

the individual citizens, who made the constitution − Not considered a source of power or substantive right − Purpose:

o To introduce the Constitution o To manifest the sovereign will of the Filipino people o To indicate the authors o To enumerate the primary aims aspirations of the framers o Useful as an aid in the construction and interpretation of the Constitution

REPUBLICANISM 1987 A2 S1 The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.

− Establishes the democratic and representative nature of our government and proclaims hostility to autocratic or totalitarian regimes

− Affirms that every citizen is an individual repository of sovereignty, and as the origin and the restriction of all government authority

“Democratic” : pertains to representative democracy with some aspect of direct

democracy through the people’s initiative clause : kind of government where the people participate in the functioning

of the same

“Republic”: a representative government run by and for the people : where sovereignty resides in the people and where all

government authority emanates from the people : a responsible government

: essence is representation and renovation Representation : public functionaries derive their mandate from the

people who selected them and as such act in their behalf

Renovation : public functionaries serve for a limited period only and they are replaced or retained at the option of their principal, the people

• The Philippine Republic is characterized by the following:

G – overnment of law and not of men R – ule of majority A – ccountability of public officers B – ill of rights E – lections S – eparation of powers B – lending of powers C – hecks and balances / D – elegation of powers

THE INCORPORATION CLAUSE 1987 A2 S2 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.

S7 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.

S8 The Philippines, consistent with the national interest, adopts and

pursues a policy of freedom from nuclear weapons in its territory. R – enunciation clause

• Renunciation of war (S5) − aside from a national policy, is also an international principle expressed in

the UN Charter − inspired by the Kellogg-Briand Pact − Renounces: aggressive wars − Does not renounce: defensive wars

o Very essence of sovereignty o Duty of government and its people o supported by A6 S23 P1 which empowers the Congress to

declare not a war but the existence of a state of war presumably commenced or provoked by the enemy state

• Renunciation of nuclear weapons (S7)

− Refers to nuclear arms and not those utilized for peaceful purposes − Not absolute; deviation must be justified by national interest

FUNDAMENTAL PRINCIPLES & STATE POLICIES


I – corporation clause : recognizes the dualist view of legal systems: int’l and municipal

: by reason of states’ membership in the family of nations Doctrine of incorporation:

− principles of international law are considered automatically part of its own laws

− need not be converted into a statutory enactment or signed into by the Philippines

Doctrine of transformation:

− International law can become part of municipal law only if it is transformed into domestic law through the appropriate constitutional machinery

Principles of international law − Customary laws and treatises which have become part of customary

law − Ultimately left to the courts to identify Pacta sunt servanda − “agreements must be kept” − it is not for this country to repudiate a commitment to which it had

pledged its word Int’l law v. Municipal law:

1. Try to reconcile 2. If irreconcilable, municipal law prevails because of

• Police power • Separation of powers • Rule-making powers

A – dherence clause : National interest first (S7 & 8), then equality, peace, freedom

and justice (S2) SUPREMACY OF CIVILIAN AUTHORITY 1987 A2 S3 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.

− Supported by A7 S18 which makes the President, a civilian official, the commander-in-chief of all the armed forces of the Philippines

− “Protector of the people and the state”: meant to act as corrective of the military abuses before

− “To secure the sovereignty of the state”: protection of the sovereignty of the people justifies the exercise of political power of the military when civilian authority has lost its legitimacy

− “Civilian supremacy”: not really about the supremacy of elected officers but the people as the sovereign

DEFENSE OF THE STATE 1987 A2 S4 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.

S5 The maintenance of peace and order, the protection of life, liberty,

and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

“Duty to serve and protect” : implicit in a welfare state which the Constitution is

establishing : supported by A2 S5 “May call upon the people” : the state’s primary duty to serve and protect the people

is not handed back to the people in this provision; what it is merely establishing is that the state may ask for the help of the people in return for the service and protection it has rendered before

: based on the inherent right of every State to existence and self-preservation

: based on the duty to defend the state and the life, liberty and property of its citizens

: supported by A16 S41 and CA No. 1 (the National Defense Act)

Compulsory military service : does not violate the Constitution but is

actually a compliance therewith : imposed upon all citizens : must be personal : may either be military or civil service SEPARATION OF CHURCH AND STATE 1987 A2 S6 The separation of Church and State shall be inviolable.

− To delineate the boundaries between the two institutions and thus avoid encroachments by one against the other

State: cannot interfere in purely ecclesiastical affair Church: cannot meddle in purely secular matters

− Not a wall of hostility; state recognizes religion o Mentioned “Divine Providence” in preamble o Exempted from taxation o Not precluded from sectarian aid o Allowed optional religious instruction o Legal holidays o Punishes polygamy and bigamy o Punishes crimes against religion

1 1987 A16 S4: The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the state.


− Rationale: union between the two tends to destroy the government and to degrade religion; may also lead to conspiracy against the individual’s right to worship

SOCIAL JUSTICE 1987 A2 S9 The State shall promote a just and dynamic social order that will

ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

S10 The State shall promote social justice in all phases of national

development. S11 The State values the dignity of every human person and

guarantees full respect for human rights.

S18 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

S21 The State shall promote comprehensive rural development and

agrarian reform.

− To give those with less privileges in life more privileges in law − Further supported by A13 on Social Justice and Human Rights − When the law is clear, it is to be applied. When it is not, it must be construed

in favor of social justice

Social justice : “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

: means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra- constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.

REARING OF THE YOUTH 1987 A2 S12 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. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

S13 The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

“Family as a basic autonomous social institution”

: kindred ties are especially close in the Phils that is why the family is an important factor in the enhancement of the nation : positively: enjoins the state to strengthen the family negatively: prohibits the state from adopting measures which impair the solidarity of the Filipino family : autonomy is respected that the family is not the creature nor the instrument of the state : supported by A15 devoted to the family : recognition of sanctity does not preclude divorce which is left for the legislature to allow in its discretion

“Equally protect the life of the mother and the life of the unborn from conception”

: seems to be a policy against abortion : must take the equal protection due to the mother into consideration

“Natural and primary right and duty of parents”

: supplemented by the government not through interference but through the regulation and supervision of schools : to promote children’s civic efficiency and moral character development (S12) and their physical, moral, spiritual, intellectual and social well being (S13) : supported by A14, S1 which pertains to quality education at all levels to be accessible to all

WOMEN 1987 A2 S14 The State recognizes the role of women in nation-building, and

shall ensure the fundamental equality before the law of women and men.

− No intent to advocate absolute sameness because there are obvious biological differences between men and women; only pertains to equality “before the LAW”

− Supported by A13 on women

MISCELLANEOUS 1987 A2 S15 The State shall protect and promote the right to health of the

people and instill health consciousness among them.

S16 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.

S17 The State shall give priority to education, science and technology,

arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.


S22 The State recognizes and promotes the rights of indigenous

cultural communities within the framework of national unity and development.

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

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

information in nation- building.

S28 Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ECONOMY 1987 A2 S19 The State shall develop a self-reliant and independent national

economy effectively controlled by Filipinos.

S20 The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

S21 The State shall promote comprehensive rural development and

agrarian reform.

− Represent the two pillars of the economic policy of the Constitution: (1) independent and nationalist, and (2) the private sector as indispensible engine.

LOCAL AUTONOMY 1987 A2 S25 The State shall ensure the autonomy of local governments.

− Supported by A10 on the Local Government − Because municipal corporations are the small republics from which the

great one derives its strength − Because such will develop a deepened sense of involvement among the

people that will encourage them to participate more actively in the direction of public affairs

PUBLIC SERVICE 1987 A2 S26 The State shall guarantee equal access to opportunities for public

service and prohibit political dynasties as may be defined by law. − Though speaks in terms of service, really meant democratizing political

power − Respects the freedom of the electorate to decide so the meaning of political

dynasties has been left for Congress to define 1987 A2 S27 The State shall maintain honesty and integrity in the public

service and take positive and effective measures against graft and corruption.


1973 Constitution : establishment of a semi-parliamentary government made the

legislature subordinate in many respects to the President 1987 Constitution : restored the doctrine of separation of powers with some

modifications Maintained: 3 Departments 3 Constitution Commissions Created : Other independent bodies Judicial and Bar Council Strengthened : Judiciary Legislature Weakened : Executive Restored : Commission on Appointments HR/SET OBSERVED IN THE PHILIPPINES BECAUSE: − Characteristic of republicanism − The major powers of government are actually distributed by the Constitution

among the several departments − 1987 A6 S13: no member of Congress may hold any other office or employment

in the government during his term without forfeiting his seat LEGISLATURE : enacts laws EXECUTIVE : enforces laws JUDICIARY : applies laws PURPOSES • Prevent concentration of authority in one person or group of persons that might

lead to an irreversible error or abuse in its exercise to the detriment of our republican institutions

• Intended to secure action, forestall over action, to prevent despotism and to obtain efficiency

BLENDING OF POWERS − Interdependence, not independence − It is not in the public interest for them to deal with each other at arms’ length or

with a hostile jealousy of their respective rights as this might result in frustration of the common objectives of the government

− Powers are not confined exclusively within one department but are in fact assigned to or shared by several departments

− There is difficulty in classifying them as definitely legislative, executive or judicial − It is necessary for certain powers to be reposed in more than one department so

that they may better collaborate with, and in the process, check, each other for the public good

CHECKS AND BALANCES − In which one department is allowed to resist encroachments upon its

prerogatives or to rectify mistakes or excesses committed by the other departments

− Makes the doctrine of separation of powers especially workable − The ends of government are better achieved through the exercise by its agencies

of only the powers assigned to them, subject to reversal in proper cases by those constitutional authorized

BLENDING OF POWERS CHECKS AND BALANCES

Sharing of the powers Checking of the powers

Ex: Power over the creation of the General Appropriations Law is shared by

the Executive (when it proposes the budget) and the Legislature (when it

enacts the budget into law)

Ex: Power in creating laws is in the Legislature but the Executive can veto

the same as a check

THE ROLE OF THE JUDICIARY − Checks and balances safeguarded by the Judiciary − Sees to it that the constitutional distribution of powers among the several

departments of the government is respected and observed − Does not mean that that the judiciary is superior; not upholding its own

supremacy but that of the Constitution WHAT ARE TO BE CONSIDERED BY THE COURTS: 1. IS THE POWER CONSTITUTIONALLY CONFERRED?

− 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

− Conferment can either be: • Expressly conferred : the Constitution so provides

• Inferred from statute : the doctrine of implication states that the

grant of an express power carries with it all other powers that may be reasonably inferred from it

: power must first be conferred before anything can be inferred from the statute

: Ex: power to promulgate rules to perform the Constitutionally mandated duty; power to punish contempt

• Power inherent : though the power is not expressly conferred

and thus cannot be inferred, the power is still deemed to reside in the department

: Ex: Power of the President to deport an alien as an “act of State”

− If not conferred, then act is unconstitutional

SEPARATION OF POWERS


2. IF CONFERRED, WAS IT PERFORMED IN ACCORDANCE WITH THE RULES

IN THE CONSTITUTION? − 1987 A8 S1 P2 : Judicial power includes the duty of the courts of justice

to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

− If power conferred was not performed in accordance with rules of the Constitution, then act is unconstitutional

− Usually considered a political question, but now that it is enshrined in the Constitution, the judiciary is allowed to decide cases like this

− Blurs the lines of just where the courts should stop JUSTICIABLE AND POLITICAL QUESTIONS Justiciable questions : implies a given right, legally demandable and

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

Political questions : a question of policy

: refers to those questions which, under the constitution, are (1) to be decided by the people in their sovereign capacity; or in regard (2) to which full discretionary authority has been delegated to the legislative or executive branch of the government

: concerned with issues dependent upon the wisdom, not legality of a particular measure

: still in existence even with the inclusion of the Grave Abuse of Discretion clause in the Constitution


GENERAL : POWERS CANNOT BE DELEGATED − Potestas delegata non delegari potest or what has been delegated cannot be

delegated − The powers of the departments were only delegated to them, as representatives,

by the people. This delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another

− Further delegation is then a negation of this duty, a violation of the trust reposed in the delegate mandated to discharge it directly

X à Y à Z people government anyone EXCEPTION : PERMISSIBLE DELEGATION/PERMITTED BY THE CONSTITUTION − Especially important in the case of the legislative power because of the many

instances when its delegation is permitted − Rational for permitted delegation:

o The increasing complexity of the task of government and the growing inability of the legislature to cope directly with the many problems demanding its attention

o To relieve the congress of many problems that are better left to be resolved by more capable entities and at the same time enable it to tackle the more serious difficulties requiring its direct and immediate attention

− Delegation is not a transfer of power 1. TARIFF POWERS

− 1987 A6 S28 P2 : The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

− Rationale: the necessity and expediency of giving the chief executive the authority to act immediately on certain matters affecting the national economy lest delay result in hardship to the people

− Delegation of the Tariff and Customs Code 2. EMERGENCY POWERS

− 1987 A6 S23 P2 : In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

− Rationale: during war or national emergency, it will be hard for the legislature to convene or even form a quorum. There is also the delay and

indecisiveness inherent in lawmaking. During war and national emergency, problems must be solved within the shortest possible time

− President becomes a constitutional dictator only in effect. But in theory, there is no total abdication of legislative authority because the president is still subject to certain restriction and requirements imposed by the legislature as their agent and not as replacement.

− Not automatically conferred upon the President by the mere presence of an emergency

− Neither is Congress required to confer the emergency power to the President; discretionary on their part

CONDITIONS IN CONFERRING THE EMERGENCY POWER: A. There must be war or other national emergency

− May include rebellion, economic crisis, pestilence or epidemic, typhoon, flood or other similar catastrophe of nation-wide proportions or effect

− Determination of presence must be based on effect

B. The delegation must be for a limited period only − Self-liquidating in the sense that the power will automatically cease

upon the end of the emergency that justified their delegation − May even be sooner withdrawn − Intended to mean restrictive in duration − Means that no new legislation is necessary to revoke the power

because it is supposed to end on its own; to require a separate legislation would mean that the power is unlimited and uncertain until stopped by the legislature

C. The delegation must be subject to such restrictions as the Congress may

prescribe

D. The emergency powers must be exercised to carry out a national policy declared by the Congress − Acts must be necessary and proper for the purpose of carrying out a

national policy declared not by him but the legislature 3. DELEGATION TO THE PEOPLE

− Cooley: power can no longer be delegated back to the people because they have already voluntarily surrendered these powers to the government when they adopted the Constitution. To delegate back to the people is an abdication of their law-making power

− Not really a delegation because the power is already reserved to the people via Article 17

Referendum : method of submitting an important legislative measure to a direct

vote of the whole people Plebiscite : same as referendum but the questions submitted are intended to

work more permanent changes in the political structure, like a proposal to amend the constitution

DELEGATION OF POWERS


4. DELEGATION TO LOCAL GOVERNMENT UNITS − Rationale: local legislatures are more knowledgeable than the national

lawmaking body on matters of purely local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon

− Local governments are not states within states; laws or ordinances promulgated by them must never be bigger in scope than laws passed by Congress

Delegated by the Constitution: power of taxation (1987 A10 S5) Delegated by Congress: eminent domain; police power (LGC)

5. DELEGATION OF ADMINISTRATIVE BODIES

− Rationale: the proliferation of specialized activities and their attendant peculiar problems

− Admin bodies may implement broad policies laid down in a statute by “filling in” the details which the Congress may not have the opportunity or competence to provide

− Regulations created by such bodies have the force and effect of law

Supplementary Regulations : implementing rules Contingent Regulations : rules that determine some fact or state of

things upon which the enforcement of a law depends, to enforce or suspend the same

TEST OF VALID DELEGATION − To determine whether the delegation has been validly made − The delegation must be circumscribed by legislative restrictions not a roving

commission that will give the delegate unlimited legislative authority

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

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

applied

− To be valid, must satisfy both the completeness test and the sufficient standard test

THE COMPLETENESS TEST (What to do) − The law delegating power must be complete in all its essential terms and

conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it

− The law delegating power must set forth therein the policy to be executed by the delegate

THE SUFFICIENT STANDARD TEST (How to do it) − The law delegating power must contain a sufficient standard that maps out the

boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected

− The law delegating power must set forth the limits which are sufficiently determinate or determinable—to which the delegate must conform in the performance of his functions

− Without which the courts have no means of determining, with reasonable certainty, whether the delegate has acted within or beyond the scope of his authority

− To prevent the total transference of legislative power − Can be inferred from

o The totality of the tenor of the law (context of purpose, other reqts) o Other laws on the same subject o Public policy

− Considered sufficient standards: o Public interest o Simplicity, economy and efficiency o Public welfare o Justice and equity o The sense and experience of men o National security

CREATION OF PENAL LAWS BY DELAGATES 1. Basic law makes the act a crime 2. Basic law provides for its penalty 3. IRR that penalizes must be published


1987 A6 S1 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.

UNICAMERALISM − Congress under the 1935 and 1973 Constitutions − Legislature with only 1 house − Advantages:

o Simplicity of organization o Economy and efficiency o Avoidance of duplication o Strengthening of the legislature in relation of the executive o Training ground for national leaders

BICAMERALISM − Congress in the 1987 Constitution − Legislature with 2 houses (Senate, House of Representatives) − Advantages:

o Check and balance between the national perspective (senate) and the parochial interests (HoR)

o Allows for more careful study of legislation o Less vulnerable to attempts at control by executive

NATURE OF LEGISLATIVE POWER − Power to make, alter and repeal laws − Derivative and delegated power

o People reposed in the Legislature the power through the Constitution − Plenary in scope

o Because the scope is not enumerated, any power deemed to be legislative by usage and tradition is necessarily possessed by Congress, unless lodged elsewhere

− Substantive Limitations: circumscribe both the exercise of the power itself and the allowable subjects of legislation

o Non-delegable o Congress cannot pass irrepealable laws (would constitute an indirect

amendment of the Constitution which vests the power to make, amend and repeal laws to Congress)

o Bill of Rights o Constitution

− Procedural Limitations: prescribe the manner of passing bills and the form they should take

HOLDERS OF LEGISLATIVE POWER − Legislature: plenary but not exclusive hold over legislative power − People: initiative and referendum reserved for them

o A6 P32/ordinary legislative power and not A17/constituent power o Operationalization left to the Congress o Not plenary in scope, subject under the exceptions Congress may

impose − President: extraordinary legislative power

o When there is no legislature o When there are emergencies

§ Because the Commander-in-Chief and the Emergency Power are too cumbersome to be effective and efficient

o No procedural limitations like in the Congress o Can repeal statutes enacted by Congress

SENATE COMPOSITION 1987 A6 S2 The Senate shall be composed of twenty-four Senators who shall

be elected at large by the qualified voters of the Philippines, as may be provided by law.

− 24 senators: amendment − Elected by large by the entire electorate: amendment

o makes the Senate a training ground for national leaders and possibly a springboard to the Presidency

o gives them a broader outlook of the problems of the country − Manner of election (at large of the 24 senators): statute

QUALIFICATIONS 1987 A6 S3 No person shall be a Senator unless he is a natural-born citizen of

the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

1. CITIZENSHIP REQUIREMENT: NATURAL BORN

1987 A4 S2 Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

2. AGE REQUIREMENT: AT LEAST THIRTY-FIVE

− Must be possessed on the day of the elections, when the polls are opened and the votes are cast; not on the day of the proclamation of the winners by the board of canvassers

3. LITERACY REQUIREMENT

4. REGISTERED VOTER REQUIREMENT

THE LEGISLATIVE DEPARTMENT


5. RESIDENCY REQUIREMENT: NOT LESS THAN 2 YEARS Residence : used to mean domicile

: the place where one habitually resides and to which, when he is absent, he has the intention of returning

: acquisition of a new residence results in the forfeiture of the old; however, an intention to abandon his old residence cannot be legally be inferred from his act in establishing a home elsewhere or otherwise conducting his activities therein, absences of a clear showing that he has decided to adopt a new residence

TERM 1987 A6 S4 The term of office of the Senators shall be six years and shall

commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

1987 A18 S2 The Senators, Members of the House of Representatives, and the

local officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years.

STAGGERING OF TERMS Senators elected in 1987 : served only 5 years Senators elected in 1992 : top twelve served for 6 years until 1998 bottom twelve served for 3 years until 1995 Senators elected in 1995 : all twelve served for 6 years until 2001 Senators elected in 1998 : all twelve served for 6 years until 2004

− Scheme created the bracketing of the elections of the senators − Means that there will be elections for 12 senators every 3 years − Done so that the senate shall not at any time be completely dissolved; ½ is

retained while the other ½ is replaced/reelected every 3 years CONTINUITY OF THE LIFE OF THE SENATE − Intended to encourage the maintenance of Senate policies − Intended to guarantee that there will be experienced members who can help ad

train newcomers in the discharge of their functions TWO CONSECUTIVE TERM LIMIT − So they will not entrench themselves in power/dissuade the creation of dynasties * Election: every 3 years Term limit: can run again after 3 years from 2nd term * Term: period of time allotted to the office by law Tenure: period during which the official actually holds office


HOUSE OF REPRESENTATIVES COMPOSTITION 1987 A6 S5 The House of Representatives shall be composed of not more

than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

1. DISTRICT REPRESENTATIVES

− Elected directly from the territorial unit he is seeking to represent − Originally 200 members based on the initial apportionment of the

legislative districts (200), as can be found on the Ordinance attached to the Constitution

RE/APPORTIONMENT − Way to increase the number of members of the HoR − Can either be through:

1. Creation of new legislative districts 2. Creation of new cities (250,000 popu = 1 rep) 3. Creation of new provinces (1 province = 1 rep) 4. Compliance with census

− Justiciable issue − Can only be done by Congress (and not by the ARMM, local

legislatures or COMELEC) − Focuses more on statute-created inequality than factual inequality;

jurisprudence does not have an answer yet when there is a factual inequality and the Congress refuses to remedy the situation

− Legislative districts ≠ political subdivisions (cities, provinces)

LEGISLATIVE DISTRICTS 1. Must be in accordance with the number of their respective inhabitants,

and on the basis of a uniform and progressive ratio 2. Must be compact (solid), contiguous (in physical contact with each

other), and adjacent (close by or near) 3. Must be with 250,000 population for cities, must have 1 representative

for every province (no matter the population) 4. Within 3 years from the return of a census, Congress must make a

reapportionment in accordance with the same − Census cannot be compelled from Congress − Census is not necessary to create legislative districts

GERRYMANDERING − Creation of representative districts out of separate portions of territory

in order to favor a candidate

2. SECTORAL REPRESENTATIVES − Extending protection to the interests of groups which are not

adequately attended to in normal legislative deliberations o Labor o Peasant o Urban poor o Indigenous cultural communities o Women o Youth o Others as may be provided by law (except religious sector)

− Seats are reserved (50% of 20% of the 250) − Recognition of the inability of the disadvantaged sectors to compete in

the political process − Operative for only the first 3 consecutive terms after the ratification of

the Constitution (1987-1998) − Manner of choosing:

o Selection: presidential appointment (A18 S7; needs confirmation)

o Election: legislature through a special law

3. PARTY-LIST REPRESENTATIVES − Chosen indirectly, through the party he represents, which is the one

voted for by the electorate − Constitutes 20% of the total membership of the House of

Representatives − Seeks to avoid the dilemma of choice of sectors and who constitute the

members of the sectors; can be national, regional, and sectoral parties or organizations

− No reserved seats for sectors; sectors must battle it out with other parties or organizations

RA 7941 − Rules for the selection of the party-list representatives


QUALIFICATIONS 1987 A6 S6 No person shall be a Member of the House of Representatives

unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

1. CITIZENSHIP REQUIREMENT: NATURAL BORN

1987 A4 S2 Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

− Natural born can either be o Those who need not do anything o Those who elected Philippine citizenship through

§ A4 S1 P3: Filipina mother, election at 18 § Repatriation

2. AGE REQUIREMENT: AT LEAST 25

3. LITERACY REQUIREMENT 4. REGISTERED VOTER REQUIREMENT

D: Distrcit where he is running S: Of any district P: Of any district

5. RESIDENCY REQUIREMENT: AT LEAST 1 YEAR D: District where he is running S: In the Philippines P: In the Philippines

RESIDENCE − synonymous to domicile

DOMICILE

− The place where one habitually resides and to which, when he is absent, he has the intention of returning

− Acquisition of a new residence results in the forfeiture of the old; however, an intention to abandon his old residence cannot be legally be inferred from his act in establishing a home elsewhere or otherwise conducting his activities therein, absences of a clear showing that he has decided to adopt a new residence

− To ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of the legislative duties on its behalf

− May be lost and reestablished − Registration as voter elsewhere does not show intent to change

domicile

REQUISITES OF ACQUIRING DOMICILE BY CHOICE 1. Residence or bodily presence in the new locality 2. An intention to remain there 3. An intention to abandon the old domicile

Animus revertendi : intention to return Animus manendi : intention to stay

PARTY-LIST REPRESENTATIVE − Must also be a bona-fide member of the party he seeks to represent at least 90

days before election day TERM 1987 A6 S7 The Members of the House of Representatives shall be elected

for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

− To synchronize elections with Senators (every 3 years), the President and the Vice-President (every 6 years)

− Change in term: amendment Change in start of term: statute

* Election: every 3 years Term limit: can run again after 3 years from 3rd term * Term: period of time allotted to the office by law Tenure: period during which the official actually holds office


CONGRESS

SENATE HOUSE OF REPRESENTATIVES

Composition

District Party-list

24 (by amendment)

x (by statute) x

Elected Directly Directly Indirectly

Voters At large District level At large

Citizenship Natural-born citizen

Age 35 25 25

Literacy Able to read and write

Registered voter Of any district Of district where he

is running Of any district

Residency (immediately preceding the

elections)

At least 2 years (in the Philippines)

At least 1 year (in the district where

he is running)

At least 1 year (in the Philippines)

Term 6 years 3 years 3 years

Term limit 2 consecutive terms 3 consecutive terms 3 consecutive terms

* CONTINUING REQUIREMENTS: they must be possessed for the entire duration of the member’s incumbency. * EXCLUSIVE: based on the principle of expressio unius est exclusio alterius, with the result that it is not competent for the Congress to provide by mere legislation for additional qualifications no matter how relevant they may be. * QUALIFICATIONS: addition will constitute amendments DISQUALIFICATIONS: addition will only constitute a statutory enactment (generally

narrowly constructed against by the Courts; do not favor idea that Congress can deprive a member-elect of their office)

ELECTION & REPLACEMENT 1987 A6 S8 Unless otherwise provided by law, the regular election of the

Senators and the Members of the House of Representatives shall be held on the second Monday of May.

S9 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.

REGULAR ELECTIONS

General : 2nd Monday of May Exception : otherwise provided by law

SPECIAL ELECTIONS − Called on in the manner prescribed by law − Calling is not mandatory − Replacement only to continue remaining years of the term − Counted as 1 term of the replacement SALARIES 1987 A6 S10 The salaries of Senators and Members of the House of

Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

− RATIONALE: bar from yielding to natural temptation to increase their salaries. With the length of time that has to elapse, there is a deterrent factor to any such measure unless the need for it is clearly felt

− Checked by 1987 A6 S20 requiring that records and books of accounts of Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member

CHANGE IN SALARIES − Increase of salaries: only to take effect after term of those who

approved of the same Decrease of salaries: no prohibition Receipt of allowances: no prohibition; may be voted on into law

− Salaries: full term prohibition Allowances/benefits: no prohibition (only moral)

EXPIRATION OF THE FULL TERM OF ALL THE MEMBERS − Pertains to the full term of both the Senate and the House − In short, the lapse is 6 years, the term of the Senators


PARLIAMENTARY IMMUNITIES 1987 A6 S11 A Senator or Member of the House of Representatives shall, in all

offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

1. PRIVILEGE FROM ARREST

− Pertains to physical restraint − Ensure representation of the constituents of the member of Congress

by preventing attempts to keep him from attending its sessions − Covers both civil and criminal cases punishable by not more than 6

years imprisonment (prision correccional) − Does not include immunity from searches and seizures − “Session” means the entire duration from convening to adjournment;

whether or not the legislator is attending it

2. PRIVELEGE OF SPEECH AND DEBATE − Pertains to intellectual restraint − Enables the legislator to express views bearing upon public interest

without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the court of justice

− Applies as long as act was in the performance of public function: o Regardless whether in session or not o Regardless of where it was delivered

− Immunity applies only to civil courts; may still be punished within Congress itself

LEGISLATIVE ACTION : refers to the deliberative and communicative

process by which members participate in committee and House proceedings in the consideration of proposed legislation or of other matters that the Constitution places within the jurisdiction of the legislature

CONFLICT OF INTEREST 1987 A6 S12 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.

− Pertains to: o Full disclosure of their financial and business interests o Notify when there is a potential conflict of interest from a

proposed legislation − RATIONALE: Potential for self-aggrandizement will be reduced − Does not prevent said legislator from participating in legislation − Will only allow other legislators to keep a close eye on said legislator

INCOMPATIBLE AND FORBIDDEN OFFICES 1987 A6 S13 No Senator or Member of the House of Representatives may hold

any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government--‐owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

INCOMPATIBLE OFFICES − Refers to the first sentence of the article − The other office may either be appointive or elective − RATIONALE: prevent him from owing loyalty to another branch of the

government, to the detriment of the independence of the legislature and the doctrine of separation of powers

− Not absolute: refers only to the simultaneous holding of that office and the seat in Congress, and will only cause foefeiture

− Holding of another office = forfeiture of seat in Congress o Automatic upon holding of the incompatible office o No resolution is necessary

− Exceptions: o Electoral Tribunals o Second office is shown to be an extension of the legislative position or

is in aid of legislative duties o Membership in the UP Board of Regents o Becoming treaty negotiators

FORBIDDEN OFFICES − Refers to the second sentence of the article − The other office is only appointive − RATIONALE: to prevent the trafficking in public office − Not allowed only during the term for which he was elected, when such office was

created or its emoluments were increased INHIBITIONS AND DISQUALIFICATIONS 1987 A6 S14 No Senator or Member of the House of Representatives may

personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi--‐judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government--‐ owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

PERSONALLY APPEAR AS COUNSEL − Barred from all courts of justice, including HR/SET, courts martial, SEC, etc − RATIONALE: prevent legislator from exerting undue influence, deliberately or

not, upon the body where he is appearing; appearance is enough, considering


the powers available to the legislator which he can exercise to reward or punish a judge deciding his case

− Lawyer-legislator may still practice his profession, only in way that do not necessitate him to appear before the courts (someone else can do it for him)

− Applies only to the lawyer-legislator, not his law firm BE INTERESTED FINANCIALLY IN ANY CONTRACT WITH THE GOVERNMENT − RATIONALE: this is because of the influence that the legislator can easily

exercise in obtaining these concessions − Businessman-legislator can still enter into transactions with the government, as

long as they do not involve financial interests or those from which the legislator expects to derive some profit at the expense of the government

NOT INTERVENE IN ANY MATTER SESSIONS 1987 A6 S15 The Congress shall convene once every year on the fourth

Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

REGULAR SESSIONS − General : 4th Monday of July − Exception : date fixed by law − Must adjourn 30 days before opening of next regular session SPECIAL SESSIONS − General : called on by the President − Exception : Congress convenes itself

o Canvassing of presidential elections o Calling a special elections when both Presidency and Vice-Presidency

are vacated o Exercising power of impeachment

OFFICERS 1987 A6 S16 P1 The Senate shall elect its President and the House of

Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.

CONSTITUTIONALLY MANDATED OFFICERS − Senate President and House Speaker − Elected through a majority vote of all its respective members − Do not have a fixed term, may be replaced at any time at the pleasure of a

majority of all the members of their respective chambers − Highly political positions, incumbency depends on partisan alignments of

colleagues − Justiciable issue

OTHER OFFICERS − Members of the legislature:

o Senate President pro tempore o Speaker pro tempore o Majority and minority floor leaders o Chairmen of the various standing and special committees

− Non-members of the legislature: o Secretary o Sergeant-at-arms

− Left to the discretion of the house as to the officers and their election − Political question QUORUM 1987 A6 S16 P2 A majority of each House shall constitute a quorum to do

business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

− Senate: 50% + 1 of all 24 senators (13) − House of Representatives: 50% + 1 of all 250+ Representatives (76) − After acquiring quorum, a small number may adjourn

* Cuenco ruling was an exception RECESS 1987 A6 S16 P5 Neither House during the sessions of the Congress shall, without

the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

− RATIONALE: because of the restoration of bicameralism, which envisions collaboration and coordination between the two chambers, there is a need for constant contact and consultation which will not be possible if the other chamber is adjourned

− Adjournment: if more than 3 days − Place: if in a different political unit, like province or city (not room or bldg.)

Compulsory recess: A6 S15 (30 days before next regular session) Voluntary recess : A6 S16 (more than 3 days) JOURNALS 1987 A6 S16 P4 Each House shall keep a Journal of its proceedings, and from

time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one--‐fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.

JOURNAL − Resume or the minutes of what transpired during a legislative session − General summary − RATIONALE: authenticating proceedings; for the interpretation of laws through a

study of the debates held thereon; inform public of the official conduct of their legislators


RECORD − Word-for-word transcript of the proceedings taken during the session − Specific summary JOURNAL v ENROLLED BILL − General : Enrolled bill

o A duly authenticated copy of a bill or resolution bearing the signature of the Speaker and Senate President and the certification of the their secretaries that such bill was passed

− Exception : Journal o Only on matters that are required to be entered in the journals o When the signatures on the enrolled bill are withdrawn

− Either is respected because to overcome their conclusive nature is to invade the coordinate and independent department of the government, and to interfere with the legitimate powers and functions of the Legislature

− To take away the impeachability of either in one is to take either away in all, and the evidence of the laws must rest upon a foundation less certain and durable

− Remedy is by amendment or curative legislation, not by judicial decree DISCIPLINE OF MEMBERS 1987 A6 S16 P3 Each House may determine the rules of its proceedings, punish

its Members for disorderly behavior, and, with the concurrence of two--‐thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

RULES OF ITS PROCEEDINGS − Inherent power of any body − Needed for the orderly conduct of the session of Congress − Discretionary on the part of the Congress as to formulation, application and

revocation − Subject to judicial review:

o General : Not subject to judicial review; political question o Exception : When the House Rules violate fundamental rights of

third persons

DISCIPLANARY MEASURES − Even without the provision, said power is inherent to each House − Instead of conferring it, the provision actually limits the power because of the

specific conditions laid down for its proper exercise − “Disorderly behavior”

o prerogative of Congress to interpret and cannot be subject to judicial review

o political question − Suspension

o Must not exceed 60 days o Needs concurrence of 2/3 votes of all its members

− Expulsion o Needs concurrence of 2/3 votes of all its members

ELECTORAL TRIBUNALS 1987 A6 S17 The Senate and the House of Representatives shall each have an

Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party--‐list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

COMPOSITION − Proportional representation

o Favors multi-party system o Seats are apportioned among all the parties represented in each

chamber, including party-list members − Parties are entitled to nominate the representatives they will send to the tribunal;

the Constitutional Commission and jurisprudence have no answer yet as to what will happen if the parties fail to fill the given seats (who will choose/replace)

− Change in political representation does not equate to a change in membership NATURE − Members are non-partisan − Independent of the Legislature

o Even though 2/3 of its membership is from Congress o Even though under the Article on the Legislative Department o Can prescribe their own rules of procedure separate and distinct o Can have its own employees

− Independent of COMELEC − Independent of the Supreme Court

o In lieu of being the “sole judge” o GEN: Decisions are not appealable to the SC o EXC: Clear showing of grave abuse of discretion

− Functions even beyond session of Congress COMELEC VS HR/SET − Source of confusion may be found principally in the grant of broad administrative

powers to the COMELEC. The business of proclaiming candidates, which normally should be the dividing line between a pre-proclamation controversy and a contest, is itself subject to election laws which the COMELEC is bound to administer

Comelec : pre-proclamation challenges − Decide whether or not the candidate can be voted for − Limited to incomplete returns, or returns with material defects, or returns

which appeared to be tampered with, falsified or prepared under duress, or containing discrepancies in the votes credited to any candidate, the difference of which would affect the results


Hr/set : post-proclamation contests − Election contests: decided whether challenger can replace the winner − Qualifications: Constitutional + statutory requirements − Returns: errors in canvassing which are not manifest/needs opening of

ballot boxes − Election

COMMISSION ON APPOINTMENTS 1987 A6 S17 There shall be a Commission on Appointments consisting of the

President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party--‐list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

COMPOSITION − Total of 25:

o Senate President o 12 Senators o 12 Representatives

− 12 membership of either house is not mandatory − No rounding off of seats − Reorganization is allowed if changes in political affiliation is of permanent

character NATURE − Serves as an administrative check on the appointing authority of the President − Functions are purely executive − Can formulate own rules − Independent of Congress

o Powers emanate directly from the Constitution, not Congress − Independent of Supreme Court

o Appointments cannot be questioned o Rules cannot be questioned

KINDS OF APPOINTMENTS

During sessions : president must clear his nominations with the CoA first

: unless it is organized, no appointment can be made

Ad interim appointments : appointments made during the recess : subject to consideration later by the

Commission, for confirmation or rejection : non-action of CoA during the following sesion

will render appointments by-passed

ORGANIZATION 1987 A6 S19 The Electoral Tribunals and the Commission on Appointments

shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

HR/SET CoA

Not coaetenous with Congress (30 days after election of officers)

Composition not affected by changes in political representation in Congress

(affects being ‘sole judge’)

Composition is affected by changes in political representation in Congress (as long as of permanent character)


LEGISLATIVE POWERS

1. Taxation 2. Appropriation 3. Expropriation

NON-LEGISLATIVE POWERS

1. Canvass of presidential and vice-presidential elections 2. Declaration of existence of state of war 3. Concur in treaties and amnesties 4. Propose constitutional amendments 5. Impeach

IMPLIED/INHERENT POWERS

1. Punish in contempt 2. Discipline its members 3. Promulgate internal rules of proceedings

LEGISLATIVE POWER IN GENERAL Power of lawmaking—make, alter or repeal laws

Statute : the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state

PROCEDURE 1987 A6 S26 P2: No bill passed by either House shall become a law unless it has

passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

1. Introduction: filing of the bill 2. 3 readings 3. Exchange with other house; 3 readings/Bicameral Conference 4. Authentication of Bills 5. Approval of the President

ON THE PART OF CONGRESS Step 2: Three readings General: Three readings on separate days, and printed copies thereof in its

final form have been distributed to its Members three days before its passage

1st reading - reading the number and title of the bill, followed by

referral of Senate President or House Speaker to the appropriate committee for study and recommendation

- the bill may be killed in the committee or it may be recommended for approval

- public hearings may be held thereon - bills of the same nature or purpose, they may all be

consolidated into one bill under common authorship or as a committee bill

2nd reading - bill shall be read in full with the amendments proposed

by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with

- then, there will be debates, pertinent motions, and amendments

- after the amendments shall have been acted upon, the bill will be voted on second reading

- after approved, it shall be calendared for a third reading 3rd reading - final vote by yeas and nays

Exception: Presidential certification; dispenses with the requirement of both

the printing and distribution of copies of the bill but also the readings on separate days

- does not dispense with the 3 readings, only the separate days - presidential certification is not subject to judicial review

Step 3: Exchange with other house

No amendment: the bill is passed by Congress and the same will be transmitted to the President for appropriate action

With amendment: disagreement in the amendments will be settled by the

Conference Committees of both chambers − Conference committee is the mechanism for compromising

difference between the senate and the House in the passage of a bill into law

− Can produce unexpected results, beyond that contemplated by either house

− The Conference Committee report need not comply with the three readings on separate days and printed copies thereof in its final form be distributed (the eventual authentication shows that they approve of the changes)

POWERS OF CONGRESS


Step 4: Authentication of Bills − Where the lawmaking process in Congress ends − Indispensible to the validity of the bill − Duly authenticated when the Speaker and the Senate President signs the

printed copy of the approved bill, certified by the respective secretaries of both house

− Signifies to the president that the bill being presented to him has been duly approved by the legislature and is ready for his approval

• Enrolled Bill Doctrine: signature and certification of both houses are conclusive of its due enactment

• House Journals: Regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein − 1987 A6 S16 P4: yeas or nays on any question − 1987 A6 S26 P2: yeas or nays on third reading − 1987 A6 S27 P1: President’s veto message; yeas or nays to enact bill

into law despite the veto

• Enrolled Bill Doctrine v. Journal Rule − General: enrolled bill − Exception: journal rule as to matters the constitution requires to be

entered therein

• Remedy to discrepancy in the bill and the enacted law: − Amendment by curative legislation − Withdrawal of the signatures of the Speaker and the Senate

President—when law different from deliberations and the journal records

3 versions of the bill that the president will approve:

1. Originating from the house 2. Originating from the senate 3. Originating from the conference committee

ON THE PART OF THE PRESIDENT 1987 A6 S27: Every bill passed by the Congress shall, before it becomes a law,

be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

• Regular bill: veto entire bill

− President signs: bill becomes law − President vetoes:

o Sent back to the house where it originated o House can force enact the bill through a 2/3 vote of each

house − President does nothing within 30 days: bill becomes law

o Counted from the date of its receipt by him o Reason may be fear of antagonizing certain elements o Reason may be his belief that the final judgment on its

constitutionality rests not with him but with the judiciary • Appropriations bill: veto specific items/inappropriate provisions BILLS ORIGINATING FROM THE LOWER HOUSE 1987 A6 S24: All appropriation, revenue or tariff bills, bills authorizing increase

of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

− Based on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems

− Must originate from the house but does not prevent the Senate from concurring or proposing amendments that may produce a bill substantially different (even complete substitution) from the original one; to prevent them from doing so violates the coequality of the legislative power of the two houses

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

authorize the release of funds from the public treasury


Revenue bill : levies taxes and raises funds for the government Tariff bill : specifies rates or duties to be imposed on imported

articles Bills authorizing increase in public debt: illustrated by one floating bonds for

public subscription redeemable after a certain period Bills of local application : involves purely local or municipal matters, like a charter

of a city Private bills : like a bill granting honorary citizenship to a

distinguished foreigner PROHIBITED MEASURES

Substantive Limitations: circumscribe both the exercise of the power itself and the allowable subjects of legislation

o Non-delegable o Congress cannot pass irrepealable laws (would constitute an indirect

amendment of the Constitution which vests the power to make, amend and repeal laws to Congress)

o Bill of Rights o Non-impairment of doctrine of separation of powers o Appointment of elective officials o Enactment of ex-post facto laws o Enactment of bills of attainder o Non-impairment of the obligation of contracts o Creation of royalty o Increasing SC jurisdiction

Procedural Limitations: prescribe the manner of passing bills and the form they should take

o One subject, one title rule o 3 readings o President’s approval o Origination clause

LEGISLATIVE INQUIRIES 1987 A6 S21 The Senate or the House of Representatives or any of its

respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

− May be implied from the express power of legislation and does not itself have to be expressly granted

− Not so much to authorize as in fact to limit the conduct of legislative inquiries

Inquiry must be in aid of legislation: intention to legislate is important

• Already pending • Still under consideration

Scope of questions

• Do not necessarily have to be relevant to any pending legislation, provided only that they are relevant to the subject matter of the investigation being conducted

Legislative contempt

• Failure or refusal to attend a legitimate legislative investigation or contumacy of the witness may be punished

• Duration of incarceration o Senate: indefinitely because Senate is a continuing body o HoR: from date of commission until adjournment

QUESTION HOUR 1987 A6 S22 The heads of departments may, upon their own initiative, with the

consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

− PURPOSE o Obtain information from the department secretaries on the

manner they are implementing the laws it has enacted o Find out about matters related to pending or prospective

legislation, usually recommended by the administration itself POWER OF APPROPRIATION Appropriation measure may be defined as a statute the primary and specific purpose of which is to authorize the release of public funds from the treasury

General appropriations : passed annually intended to provide for the financial operations of the entire government

Special appropriations : designed for specific purpose, such as a

creation of a fund for the relief of typhoon victims

: creation of an office is not an appropriation measure because the main purpose is not to appropriate funds

RESTRICTIONS ON THE PASSAGE OF BUDGET/REVENUE BILLS

1. 1987 A6 S25 P1: The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law. − may decrease but not increase − President is for proposal only; power of the purse still with Congress


2. 1987 A6 S25 P2: No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

Items: a specific appropriation of money, not some general provision of law Appropriate provision: conditions to items; how they are to be spent, etc Inappropriate provision:

− Does not relate to any item in the GAB o Repeals or amends a law o Grants Congress power to exercise congressional veto

of the expenses for a specific purpose in the budget o Denies the president to reduce or defer the spending

for a particular item o Substantive legislation o Unconstitutional provisions

− Treated like items and can be vetoed separately

3. 1987 A6 S25 P3: The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

4. 1987 A6 S25 P4: A special appropriations bill shall specify the purpose for

which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

5. 1987 A6 S25 P5: No law shall be passed authorizing any transfer of

appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions 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.

General: No transfer of appropriations Exceptions: − President − Senate President − House Speaker − Chief Justice − Heads of Constitutional Commissions

ü Within departments ✕ To another department Purpose: 1. Prevent one department from being beholden to another 2. Prevent the disregard of the will of the legislature

Requirements: 1. Funds to be transferred are actually savings in the items of

expenditures 2. The purpose is to augment the items of expenditure to which transfer is

to be made

6. 1987 A6 S25 P6: Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

7. 1987 A6 S25 P7: If, by the end of any fiscal year, the Congress shall have

failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

8. 1987 A6 S27 P2: The President shall have the power to veto any particular

item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

• Can be vetoed separately:

− Items − Inappropriate provisions

• Cannot be vetoed separately: appropriate provisions − Provisions which pose conditions to items in a budgetary

sense − Cannot veto provision but leave the item

9. 1987 A6 S29 P1: No money shall be paid out of the Treasure except in

pursuance of an appropriation made by law

10. 1987 A6 S29 P2: No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. − Must be read with A3 S5 on religious freedom and A2 S6 on the

separation of church and state − Applies when benefit is

o deliberate o main or primary purpose, not incidental o exclusive, not available to the general public o function is ecclesiastical (not when sectarian entity

functioning in a non-sectarian manner)

11. 1987 A6 S29 P3: All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.


12. 1987 A14 S5 P5: The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment. − Merely directory − Congress must be able to respond to the imperatives of National

interest and the attainment of other state policies POWER OF TAXATION 1987 A6 S28 P1 The rule of taxation shall be uniform and equitable. The Congress

shall evolve a progressive system of taxation.

Uniform : persons or things belonging to the same class shall be taxed at the same rate

Equal : tax imposed by determined on the basis of the value of the

property

Equitable: tax burden must be imposed according to the taxpayer’s capacity to pay

Progressive: tends to accelerate instead of arrest economic growth; tax

should be suited to the social conditions of the people 1987 A6 S28 P3 Charitable institutions, churches and personages or convents

appurtenant thereto, mosques, non--‐ profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

− Must be actually, directly and exclusively devoted to their basic purposes − Pertain to ral estate taxes or ad valorem taxes

1987 A6 S28 P4 No law granting any tax exemption shall be passed without the

concurrence of a majority of all the Members of the Congress. − Requires an absolute majority (2/3 vote of all the members of Congress)

POWER OF CONCURRENCE 1987 A7 S19 Except in cases of impeachment, or as otherwise provided in this

Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

1987 A7 S21 No treaty or international agreement shall be valid and effective

unless concurred in by at least two--‐thirds of all the Members of the Senate.

WAR POWER 1987 A6 S23 P1 The Congress, by a vote of two--‐thirds of both Houses in joint

session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

− We are not the aggressors; merely reacting to an aggression − Sole act of the Congress − After declaration, Congress does not become functus officio; Congress still

has to appropriate money for the army, etc REFERENDUM & INITIATIVE 1987 A6 S32 The Congress shall, as early as possible, provide for a system of

initiative and referendum, and the exceptions therefrom, whereby 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 after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

Initiative : law made by the people then submitted to the people for a vote Referendum: law made by Congress then submitted to the people for a vote

POWER # OF VOTES VOTING AS Statute 50% + 1

Force enactment 2/3 Tax exemptions 2/3

War 2/3 Separately (joint session)

Amnesty Treaty 2/3 Senate

bugayong notes

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