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THE CONSTITUTION
1UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
POLITICALLAW
A.THECONSTITUTION
DEFINITION,NATUREANDCONCEPTS
Q:WhatisPoliticalLaw?
A:Itisthatbranchofpubliclawwhichdealswith
the organization and operations of the
governmentalorgansof theStateanddefines its
relations with the inhabitants of the territory.
(Peoplev.Perfecto,G.R.No.L18463,October4,
1922)
Q:Whatisthescopeofpoliticallaw?
A:
1. Politicallaw
2. Constitutionallaw
3. Administrativelaw
4. Lawonmunicipalcorporations
5. Lawonpublicofficers
6. Electionlaws
7. Publicinternationallaw
Q:WhatistheConstitution?
A: The Constitution is the basic and paramount
lawtowhichallother lawsmustconformandto
which all persons, including the highest officials,
mustdefer.(Cruz,ConstitutionalLaw,1998ed.,p.
4)
Q:
How
is
the
Philippine
Constitution
classified?
A: It is classified as written, enacted and rigid.
(Art.XVII,1987Constitution)
Q: When did the Philippine Constitution take
effect?
A: It tookeffectonFebruary2,1987,whichwas
the date of the plebiscite. (De Leon v. Esguerra,
G.R.No.L78059,Aug.31,1987)
Q: How should the Philippine Constitution be
interpreted?
A:
1. Verba legis whenever possible, the
wordsusedintheConstitutionmustbe
given their ordinary meaning except
wheretechnicaltermsareemployed.
2. Ratio legis et anima where there is
ambiguity, the words of the
Constitution should be interpreted in
accordance with the intent of the
framers.
3. Ut magis valeat quam pereat the
Constitution has to be interpreted as a
whole. (Francisco v. HR, G.R. No.
160261,Nov.10,2003)
Q:Incaseofdoubt,howshouldtheConstitution
beconstrued?
A: The provisions should be considered self
executing; mandatory rather than directory; and
prospective rather than retroactive. (Nachura,
ReviewerinPoliticalLaw,2005ed.,p.3)
Q: What is the doctrine of Constitutional
Supremacy?
A: Under this doctrine, if a law or contract
violates any norm of theConstitution,thatlaw
or
contract,
whether
promulgated
by
the
legislativeorby theexecutivebranchorentered
into by private persons for private purposes, is
null and void and without any force and effect.
Thus, since the Constitution is the fundamental,
paramount and supreme law of the nation, it is
deemed written in every statute and contract.
(Manila Prince Hotel v. GSIS, G.R. No. 122156,
Feb.3,1997)
Q:StatethelegaldistinctionsbetweenEDSA1
and2.
A:
EDSA1 EDSA2
Astopowerinvolvedorexercisedbythepeople
Exerciseofthepeople
powerofrevolution
Exerciseofthepeople
poweroffreedomof
speechandofassembly,
topetitionthe
governmentforredressof
grievances
Effectofexerciseofthepowerinvolved
Overthrowsthewhole
government
OnlyaffectedtheOffice
ofthePresident
Judicialreview
Extraconstitutional.
Thelegitimacy
of
the
newgovernment that
resultedfromitcannot
bethesubjectof
judicialreview.
Intraconstitutional.
Theresignation
of
the
sittingPresidentthatit
causedandthesuccession
oftheVPasPresidentare
subjecttojudicialreview.
Natureofquestioninvolved
Presentedapolitical
question.Involveslegalquestions.
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USTGOLDENNOTES2011
2POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Q: Is the People Power recognized in the
Constitution?
A: People power is recognized in the
Constitution:
1.ArticleIII,Section4guaranteestherightofthe
people
peaceable
to
assemble
and
petition
the
governmentforredressofgrievances;
2.ArticleVI,Section32requiresCongresstopass
alawallowingthepeopletodirectlyproposeor
reject any act or law or part of it passed by
congressoralocallegislativebody;
3.ArticleXIII,Section16providesthattherightof
the people and their organizations to
participate in all levels of social, political, and
economic decisionmaking shall not be
abridged and that the State shall, by law,
facilitate the establishment of adequate
consultationmechanisms;
4.ArticleXVII, Section 2 provides that subject to
the
enactment
of
an
implementing
law,
the
people may directly propose amendments to
theConstitutionthroughinitiative.
PARTS
Q: What are the three parts of a written
Constitution?
A:
1. ConstitutionofSovereigntythisrefers
to the provisions pointing out the
modesorprocedureinaccordancewith
which
formal
changes
in
theConstitution may be made (Art. XVII,
AmendmentsorRevisions)
2. Constitution of Liberty the series of
prescriptions setting forth the
fundamental civil and political rights of
thecitizensandimposinglimitationson
the power of the government as a
means of securing the enjoyment of
thoserights(Art.III,BillofRights)
3. Constitution of Government provides
for a structure and system of
government;
refers
to
the
provisions
outlining the organization of the
government, enumerating its powers,
layingdowncertainrulesrelative to its
administration and defining the
electorate(Art.VI,LegislativeDept,Art.
VII, Exec. Dept,Art. VIII,Judicial Dept,
Art.IX,Consti.Commissions)
AMENDMENTANDREVISION
Q:Distinguishamendmentfromrevision.
A:
AMENDMENT REVISION
Isolatedor
piecemeal
changemerelyby
adding,deleting,or
reducingwithout
alteringthebasic
principleinvolved
Arevamporrewriting
ofthewhole
instrumentalteringthe
substantialentiretyof
theConstitution
Q: How do you determine whether a proposed
changeisanamendmentorarevision?
A:
1. Quantitative test asks whether the
proposed change is so extensive in its
provisions
as
to
change
directly
the
substantialentiretyoftheConstitution
by the deletion or alteration of
numerous existing provisions. One
examinesonlythenumberofprovisions
affected and does not consider the
degreeofthechange.
2. Qualitative test whether the change
will accomplish such far reaching
changes in the nature of our basic
governmental plan as to amount to a
revision. (Lambinov.Comelec,G.R.No.
174153,Oct.25,2006)
Q: How may the Constitution be amended or
revised?
A:
1. Proposal
a. ByCongressuponavoteofofall
its members acting as Constituent
Assembly(ConAss)
Note: While the substance of the
proposals made by each type of
ConAss is not subject to judicial
review, the manner the proposals
are
made
is
subject
to
judicial
review.
SinceConAssowestheirexistenceto
the Constitution, the courts may
determinewhethertheassemblyhas
acted in accordance with the
Constitution.
b. By Constitutional Convention
(ConCon)
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THE CONSTITUTION
Note:CongressmaycallaConCon:
1. Byavoteof2/3ofall
itsmembers;or
2. Byamajorityvoteof
all its members, submit such
questiontotheelectorate.
If
Congress,
acting
as
a
ConAss,
calls
for a ConCon but does not provide
details for the calling of such
ConCon, Congress by exercising its
ordinary legislative power may
supply such details. But in so doing,
the Congress (as legislature) should
not transgress the resolution of
CongressactingasaConAss.
Note: The manner of calling a
ConCon is subject tojudicial review
because the Constitution has
providedforvotingrequirements.
3UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
Note:
Choice
of
which
ConAss
or
ConCon
should
initiate amendments and revisions is left to the
discretionofCongress.Inotherwords,itisapolitical
question.
Congress,asaConAssandtheConConhasnopower
to appropriate money for their expenses. Money
maybespentfromthetreasuryonlypursuanttoan
appropriationmadebylaw.
c. By Peoples Initiative upon a
petitionofatleast12%ofthetotal
number of registered voters, of
which every legislative district
must
be
represented
by
3%
of
the
registeredvoterstherein.
Note: The Constitution may be
amended not oftener than every 5
yearsthroughinitiative.
Revisions cannot be done through
Initiative.
2. RatificationAmendmentsorrevisions
totheConstitutionshouldberatifiedby
themajorityinaplebiscitewhichshould
be held not earlier than 60 days nor
laterthan90daysaftertheapprovalof
suchamendment.
Q:WhatistheDoctrineofProperSubmission?
A: Plebiscite may be held on the same day as
regular election (Gonzales v. COMELEC,G.R.No.
L28196,Nov.9,1967), provided the people are
sufficiently informed of the amendments to be
voted upon, to conscientiously deliberate
thereon, to express their will in a genuine
manner. Submission of piecemeal amendments
is unconstitutional. All amendments must be
submitted for ratification at one plebiscite only.
The people have to be given a proper frame of
reference in arriving at their decision. (Tolentino
v.COMELEC,G.R.No.L34150,Oct.16,1971)
a.R.A.6735
INITIATIVEANDREFERENDUMLAW
Q:Whatisinitiative?
A: It is the power of the people to propose
amendments to the Constitution or to propose
andenactlegislation.
Q: What are the three (3) kinds of initiative
underR.A.6735?
A:
1. Initiativeon theConstitutionrefers to
a
petition
proposing
amendments
to
theConstitution
2. Initiative on statutesrefers to a
petitiontoenactanationallegislation
3. Initiative on local legislationrefers to
apetitionproposingtoenactaregional,
provincial, municipal, city, or barangay
law, resolution or ordinance (Section2
[a],R.A.6735)
Note:Section2(b)ofR.A.6735providesfor:
1. Indirect Initiative exercise of initiative by the
peoplethrough
aproposition
sent
to
Congress
orthelocallegislative bodyforaction
2. Direct Initiative the people themselves filed
the petition with the COMELEC and not with
Congress.
Q:WhatistheruleonLocalinitiative?
A:Incaseof:
1. Autonomous regions not less than
2,000registeredvoters
2.
Provinces and Cities not less than
1,000registeredvoters
3.
Municipalities
not
less
than
100
registeredvoters
4. Barangaysnotlessthan50
mayfileapetitionwiththeRegionalAssemblyor
local legislativebody,respectively,proposing the
adoption, enactment, repeal, or amendment, of
any law, ordinance or resolution. (Sec. 13 RA
6735)
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USTGOLDENNOTES2011
4POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Q:WhatarethelimitationsonLocalinitiative?
A:
1. The power of local initiative shall not be
exercisedmorethanonceayear;
2. Initiative shall extend only to subjects or
matters
which
are
within
the
legal
matters
which are within the legal powers of the
locallegislativebodiestoenact;and
3. If any time before the initiative is held, the
local legislative body shalladopt in toto the
propositionpresented,the initiativeshallbe
cancelled. However, those against such
action may if they so desire, apply for
initiative.
Q: Is the initiative to change the Constitution
applicabletorevision?
A: No. An initiative to change the Constitution
applies
only
to
an
amendment.
Revision
broadly
impliesachangethataltersbasicprinciple inthe
Constitution like altering the principle of
separationofpowersorthesystemofchecksand
balance. The initiative of the petitioners is a
revisionandnotmerelyanamendment.(Lambino
vs.COMELEC,G.R.No.174153,25October2006)
Q:Whatisreferendum?
A:Itisthepoweroftheelectoratetoapproveor
reject legislation through an election called for
thatpurpose.
Q:What
are
the
two
(2)
classes
of
referendum?
A:
1. Referendum on Statutes refers to a
petition to approve or reject a law, or
partthereof,passedbyCongress
2. Referendum on Local Law refers to a
petition to approve or reject a law,
resolution or ordinance enacted by
regionalassembliesand local legislative
bodies.
Notes: The following cannot be subject of an
initiativeor
referendum:
1. Petition embracing more than one
subject shall be submitted to the
electorate
2. Statutes involving emergency measures,
the enactment of which is specifically
vested in Congress by the Constitution,
cannotbesubject toreferendumuntil90
days after their effectivity. (Sec. 10 RA
6735)
Q: Compare and differentiate the concepts and
processesofinitiativefromreferendum.
A:
INITIATIVE REFERENDUM
Thepowerofthepeople
toproposeamendments
totheConstitutionorto
propose and enact
legislations through an
election called for the
purpose.
The power of the
legislation through an
election called for the
purpose. (Sec. 3, R.A.
No.6735[1989])
LOCALINITIATIVE LOCALREFERENDUM
The legal process
whereby the registered
voters of a local
government unit may
directly
propose,
enact,
oramendanyordinance
(Sec.120)
The legal process
whereby the registered
voters of the local
government units may
approve,
amend
or
reject any ordinance
enacted by the
Sanggunian(Sec.126)
SELFEXECUTINGANDNONSELFEXECUTING
Q:Whatconstitutionalprovisionsareconsidered
SelfExecutingandNonSelfExecuting?
A: The following provisions of the Constitution
areconsideredasselfexecuting:
1. Provisions in the Bill of Rights on
arrests,
searches
and
seizures,the
rights of a person under custodial
investigation,the rights of an
accused,and the privilege against self
incrimination,
2. Fundamental rights of life, liberty and
theprotectionofproperty,
3. Provisions forbidding the taking or
damaging of property for public use
withoutjustcompensation.
XPN: A constitutional provision is not self
executingwhereitmerelyannouncesapolicyand
its language empowers the Legislature to
prescribethe
means
by
which
the
policy
shall
be
carriedintoeffect:
1. Article II on "Declaration of Principles
andStatePolicies"
2. ArticleXIIIon"SocialJusticeandHuman
Rights,"
3. Article XIV on "Education Science and
Technology, Arts, Culture end
Sports"(Manila Prince Hotel v. GSIS,
G.R.122156,Feb.3,1997)
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GENERAL CONSIDERATIONS
B.GENERALCONSIDERATIONS
5UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
NATIONALTERRITORY
Q:WhatisTerritory?
A:Territory
is
the
fixed
portion
of
the
surface
of
theEarthinhabitedbythepeopleoftheState.As
anelementofaState, it isan areaoverwhicha
statehaseffectivecontrol.
Q:WhatcomprisesthePhilippineterritory?
A:
1. The Philippine archipelago that body
of water studded with islands which is
delineated in the Treaty of Paris, as
amended by the Treaty of Washington
andtheTreatywithGreatBritain.
CONSISTSOF INCLUDINGITS
a.Terrestrial
b.Fluvial
c.Aerial
Domains
a. TerritorialSea
b. Seabed
c. Subsoil
d. Insularshelves
e. Other Submarine
areas
2. All other territories over which the
Philippines has sovereignty or
jurisdiction includesanyterritorythat
presentlybelongsormightinthefuture
belongtothePhilippinesthroughanyof
the
accepted
international
modes
ofacquiringterritory.
Q: What are the components of our National
Territory?
A:
1. TerrestrialDomain
2. MaritimeDomain
3. AerialDomain
Note: R.A. 9522 which was approved by President
Arroyo on March 10, 2009 amended certain
provisions of R.A. 3046, as amended by R.A. 5446
and
defined
the
archipelagic
baselines
of
the
Philippines.
ARCHIPELAGICDOCTRINE
Q:WhatisanArchipelagicState?
A:Itisastateconstitutedwhollybyoneormore
archipelagosandmayincludeotherislands.
Q:What is theArchipelagicDoctrineandwhere
isitfoundinthe1987PhilippineConstitution?
A:Itisdefinedasallwaters,aroundbetweenand
connecting different islands belonging to the
PhilippineArchipelago,irrespectiveoftheirwidth
ordimension,arenecessaryappurtenancesof its
land
territory,
forming
an
integral
part
of
the
nationalorinlandwaters,subjecttotheexclusive
sovereigntyofthePhilippines.
It is found inthe2nd
sentenceofArticle1of the
1987Constitution.
Q: What does the Archipelagic Doctrine
emphasize?
A:Itemphasizestheunityofthelandandwaters
by defining an archipelago as group of islands
surrounded by waters or a body of waters
studdedwithislands.
Note: To emphasize unity, an imaginary single
baseline is drawn around the islands by joining
appropriate points of the outermost islands of the
archipelago with straight lines and all islands and
watersenclosedwithinthebaselineformpartof its
territory.
Q: What are the purposes of the Archipelagic
Doctrine?
A: The following are the purposes of the
ArchipelagicDoctrine:
1.
TerritorialIntegrity
2.
NationalSecurity
3.
Economicreasons
Note:Themainpurposeofthearchipelagicdoctrine
is to protect the territorial interests of an
archipelago, that is, to protect the territorial
integrityofthearchipelago.Withoutit,therewould
be pockets of high seas between some of our
islandsandislets,thusforeignvesselswouldbeable
to pass through these pockets of seas and would
have nojurisdiction over them. Accordingly, if we
followtheoldruleofinternationallaw,itispossible
thatbetweenislands,e.g.BoholandSiquijor,dueto
the more than 24 mile distance between the 2
islands,theremaybehighseas.Thus,foreignvesselsmayjustenteranytimeatwill,posingdangertothe
security of the State. However, applying the
doctrine, even these bodies of water within the
baseline, regardless of breadth, form part of the
archipelago and are thus considered as internal
waters.
Q: Is the Spratlys Group of Islands (SGI) part of
thePhilippineArchipelago?
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USTGOLDENNOTES2011
A: No. It is too far to be included within the
archipelagiclinesencirclingtheinternalwatersof
PhilippineArchipelago. However, the SGI is part
of the Philippine territory because it was
discovered by a Filipino seaman in the name of
ViceAdmiral Cloma who later renounced his
claim
over
it
in
favor
of
the
Republic
of
the
Philippines. Subsequently, then Pres. Marcos
issued a Presidential Decree constituting SGI as
partofthePhilippineterritoryandsendingsome
of our armed forces to protect said island and
maintainoursovereigntyoverit.
Q:DoyouconsidertheSpratlysgroupofIslands
aspartofourNationalTerritory?
A: Yes.ArticleIoftheConstitutionprovides:The
national territory comprises the Philippine
archipelago,xxx, and all other territories over
which the Philippines has sovereignty or
jurisdiction,
x
x
x.
The
Spratlys
Group
of
islands
falls under the second phrase and all other
territories over which the Philippines has
sovereignty or jurisdiction. It is part of our
national territory because Philippines exercise
sovereignty (through election of public officials)
overSpratlysGroupofIslands.
6POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
DOCTRINEOFSTATEIMMUNITY
Q:WhatistheDoctrineofStateImmunity?
A:Under thisdoctrine, theStatecannotbesued
without
its
consent.
(Sec.
3,
Art.
XVI,
1987Constitution)
Q: What is the basis of the doctrine of State
immunity?
A: Itreflectsnothing lessthanrecognitionof the
sovereign character of the State and an express
affirmation of the unwritten rule effectively
insulating it from thejurisdiction of courts. It is
based on the very essence of sovereignty.
(Department of Agriculture v. NLRC, G.R. No.
104269,November11,1993)
Note:
There
can
be
no
legal
right
against
theauthority which makes the law on which the right
depends (Republic vs. Villasor, GRN L30671,
November 28, 1973). However, it may be sued if it
givesconsent,whetherexpressorimplied.
Q: Does this doctrine apply as well to foreign
government?
A: Yes. This doctrine also applies to foreign
governmentbecauseofthesovereignequalityof
allthestate.Accordingly,immunityisenjoyedby
other States, consonant with the public
international law principle ofpar inparem non
habet imperium. The head of State, who is
deemed
the
personification
of
the
State,
is
inviolable, and thus, enjoys immunity from suit.
(JUSMAG Philippines v. NLRC, G.R. No. 108813,
December15,1994)
Q:CantheStatewaiveitsimmunity?
A:Yes,expresslyorimpliedly.
1. Express consent of the State may be
manifested through general or special
law.
Note: Solicitor General cannot validly
waive
immunity
from
suit.
Only
the
Congress can (Republic v. Purisima, G.R.
No. L36084,Aug.31,1977).
2. ImpliedconsentisgivenwhentheState
itself commences litigation or when it
enters into a contract. There is an
implied consent when the state enters
into a business contract. (US v. Ruiz,
G.R.No.L35645May22,1985)
Note:Thisruleisnotabsolute.
Q: Do all contracts entered into by the
government operate as a waiver of its non
suability?
A: No. Distinction must still be made between
one which is executed in the exercise of its
sovereign function and another which is done in
its proprietary capacity. A State may be said to
havedescended tothe levelofan individualand
can this be deemed to have actually given its
consent to be sued only when it enters into
business contracts. It does not apply where the
contract relates to the exercise of its sovereign
functions. (Department of Agriculture vs. NLRC
G.R.No.104269,November11,1993)
Q:When isasuitconsideredassuitagainsttheState?
A:
1. WhentheRepublicissuedbyname;
2. When the suit is against an
unincorporatedgovernmentagency;
3. When the suit is on its face against a
governmentofficerbutthecaseissuch
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GENERAL CONSIDERATIONS
thatultimate liabilitywillbelongnotto
the officer but to the government.
(Republic v. Sandoval,G.R.No. 84607,
Mar.19,1993)
Q: Petitioners sued the Philippine National
Railwaysfordamagesforthedeathoftheirson
who
fell
from
an
overloaded
train
belonging
to
thePNR.Thetrialcourtdismissedthesuitonthe
groundthatthecharterofthePNR,asamended
by P.D No. 741 has made the same a
government instrumentality, and thus immune
fromsuit.Isthedismissalproper?
A:No.Thecorrectruleisthatnotallgovernment
entitieswhethercorporateornoncorporate,are
immune from suits. Immunity from suit is
determined by the character of the objects for
which the entity is organized. When the
governmententersintoacommercialbusiness,it
abandons its sovereign capacity and is to be
treated
like
any
other
corporation.
In
this
case,
the State divested itself of its sovereign capacity
when it organized the PNR which is no different
from its predecessors, the Manila Railroad
Company. (Malang v. PNRC, G.R. No. L49930,
August7,1985)
Q: Distinguish unincorporated government
agency performing governmental function and
one performing proprietary functions according
to the applicability of the Doctrine of State
Immunity.
A:
Unincorporated
GovernmentAgency
Performing
Governmental
Functions
7UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
Unincorporated
GovernmentAgency
PerformingProprietary
Functions
Immunity has been
upheld in its favor
because its function is
governmental or
incidental to such
function
Immunity has not been
upheld in its favor
whose function was not
inpursuitofanecessary
function of government
but was essentially a
business. (Air
Transportation Office v.
Spouses David,G.R.No.
159402,
February
23,
2011)
Q: What is the Restrictive Theory of State
ImmunityfromSuit?
A: The Restrictive Theory of State Immunity
means that a State may be said to have
descended to the level of an individual and can
thusbedeemed tohave tacitlygiven itsconsent
to be sued only when it enters into business
contracts. However,therestrictiveapplicationof
State immunity is proper only when the
proceedingsariseoutofcommercialtransactions
oftheforeignsovereign, itscommercialactivities
oreconomicaffairs. Itdoesnotapplywherethe
contract relates to the exercise of its sovereign
functions.(United
States
vs.
Ruiz,
G.R.
No.
L
35645,May22,1985)
Q:Whenisasuitagainstapublicofficialdeemed
tobeasuitagainsttheState?
A: The doctrine of State Immunity from suit
applies tocomplaintsfiledagainstpublicofficials
for acts done in the performance of their duties
withinthescopeoftheirauthority.
GR:Therule isthatthesuitmustberegardedas
one against the state where the satisfaction of
thejudgmentagainstthepublicofficialconcerned
will
require
the
state
to
perform
a
positive
act,
suchasappropriationoftheamountnecessaryto
paythedamagesawardedtotheplaintiff.
XPNs:Theruledoesnotapplywhere:
1. The public official is charged in his
official capacity for acts that are
unlawfuland injurioustotherightsof
others.Publicofficialsarenotexempt,
intheirpersonalcapacity,fromliability
arising from acts committed in bad
faith;or
2. Thepublicofficialisclearlybeingsued
not
in
his
official
capacity
but
in
his
personal capacity, although the acts
complained of may have been
committedwhileheoccupiedapublic
position. (Lansang vs.CA, G.R. No.
102667,February23,2000)
Q: The Northern Luzon Irrigation Authority was
establishedbyalegislativechartertostrengthen
theirrigationsystemsthatsupplywatertofarms
and commercial growers in the area. While the
NLIA is able to generate revenues through its
operations, it receives an annual appropriation
from Congress. The NLIA is authorized to
"exerciseall
the
powers
of
acorporation
under
the Corporation Code." Due to a miscalculation
by some of its employees, there was a massive
irrigationoverflowcausingaflashfloodinBarrio
Zanjera.Achilddrowned inthe incidentandhis
parents now file suit against the NLIA for
damages. May the NLIA validly invoke the
immunityoftheStatefromsuit?
http://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.html -
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USTGOLDENNOTES2011
8POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
A:No.Irrigationisaproprietaryfunction.Besides,
the NLIA has ajuridical personality separate and
distinct from the government, a suit against it is
not a suit against the State. (Fontanilla v.
Maliaman,G.R.Nos.55963&61045,February27,
1991)
Since the waiver of the immunity from suit is
without qualification, the waiver includes an
action based on a quasidelict. (Rayo vs. CFI of
Bulacan.G.R.No.L55954.December19,1981)
Q: What are the implications of this phrase
waiverofimmunitybytheStatedoesnotmean
aconcessionofitsliability?
A:Whenthe Stategives its consent to besued,
all it does is to give the other party an
opportunity to show that the State is liable.
Accordingly,thephrasethatwaiverofimmunity
by
the
State
does
not
mean
a
concession
of
liabilitymeansthatbyconsentingtobesued,the
Statedoesnotnecessarilyadmitthatitisliable.
In such a case the State is merely giving the
plaintiffachancetoprovethattheState is liable
but the State retains the right to raise all lawful
defenses.(PhilippineRockIndustries,Inc.v.Board
of Liquidators, G.R. No. 84992, December 15,
1989)
Q:Isthereanydistinctionbetweensuabilityand
liabilityoftheState?
A:Yes.
SUABILITY LIABILITY
Dependsontheconsent
oftheStatetobesued
Depends on the
applicable law and the
establishedfacts
The circumstance that a
State is suable does not
necessarily mean that it
isliable.
The State can never be
held liable if it is not
suable.
Q: How are the liabilities of the following
determined?
A:
1.
Public
officers
their
acts
without
or
in
excessofjurisdiction:anyinjurycausedby
him is his own personal liability and
cannotbeimputedtotheState.
2. Governmentagenciesestablishwhether
or not the State, as principal which may
ultimately be held liable, has given its
consent.
GOVERNMENT
AGENCIES
SUABILITY
a.Incorporatedagencies testofsuability isstated
in their charters. If its
charter says so, it is
suable
b. Unincorporated
governmentagencies
suable if the nature of
their
acts
is
proprietary
innature
c.Juregestionis by right of economic or
business relation = may
besued
d.Jureimperii by right of sovereign
power,intheexerciseof
sovereign functions =
cannotbesued
Note: Letters c and d are also considered as
natureofactsofState.
Acta
Jure
Imperii Acta
Jure
Gestionis
Thereisnowaiver. There is waiver of State
immunityfromsuit.
The State is acting
in its sovereign
governmental
capacity.
The State entered into a
contract in its commercial
orproprietarycapacity.The
State descended to the
levelofaprivateentity.
3. GovernmentdoctrineofState immunity
is available; nonsuability of the State is
availabletotheagencyevenif itisshown
that it isengagednotonly ingovernment
functions but also, as a sideline, or
incidentally,in
proprietary
enterprises.
Q:Inwhatinstancesmayapublicofficerbesued
withouttheStatesconsent?
A:
1. Tocompelhimtodoanactrequiredby
law
2. To restrain him from enforcing an act
claimedtobeunconstitutional
3. To compel payment of damages from
an already appropriated assurance
fund or to refund tax overpayments
from a fund already available for the
purpose
4. To secure ajudgment that the officer
impleaded may satisfy the judgment
himselfwithouttheStatehavingtodoa
positiveacttoassisthim
5. Where the government itself has
violated its own laws because the
doctrine of State immunity cannot be
usedtoperpetrateaninjustice
-
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GENERAL CONSIDERATIONS
Q: Whatisthetruetestindeterminingwhether
asuitagainstapublicofficerisasuitagainstthe
State?
A: Thetestisthat,ifapublicofficeroragencyis
sued and made liable, the State will have to
perform an affirmative act of appropriating the
needed
amount
to
satisfy
thejudgment.
If
the
Statedoesso,then,itisasuitagainsttheState.
9UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
Q:Isgarnishmentofgovernmentfundsallowed?
A:
GR: No. Whether the money is deposited by
wayofgeneralorspecialdeposit,theyremain
government funds and are not subject to
garnishment.
XPN: Where a law or ordinance has been
enacted appropriating a specific amount to
pay a valid government obligation, then the
moneycanbegarnished.
Note: Funds belonging to government
corporationswhichcansueandbesuedthatare
depositedwithabankcanbegarnished.(PNBv.
Pabalan,G.R.No.L33112,June15,1978)
If the local legislative authority refuses to
enact a law appropriating the money
judgmentrenderedbythecourt,thewinning
party may file a petition for mandamus to
compelthelegislativeauthoritytoenactalaw
(Municipality of Makati v. CA, G.R. Nos.
8989899,Oct.1,1990)
Q:Can
the
Government
be
made
to
pay
interest
inmoneyjudgmentsagainstit?
A:
GR:No.
XPNs:
1.
Eminentdomain
2. Erroneouscollectionoftaxes
3. Where government agrees to pay
interestpursuanttolaw.
Q:
A property owner filed an action directly in
court against the Republic of the Philippines
seekingpayment
for
aparcel
of
land
which
the
nationalgovernmentutilizedforaroadwidening
project.Canthegovernmentinvokethedoctrine
ofnonsuitabilityofthestate?
A: No. When the government expropriates
property for public use without paying just
compensation,itcannotinvokeitsimmunityfrom
the suit. Otherwise, the right guaranteed in
Section9,ArticleIIIofthe1987Constitutionthat
privatepropertyshallnotbetakenforpublicuse
without just compensation will be rendered
nugatory.(Ministeriovs.CourtofFirstInstance,L
31635,August31,1971)
PRINCIPLESANDPOLICIES
Q:AretheprovisionsinArticleIIselfexecuting?
A: No. By its very title, Article II of the
Constitution is a declaration of principles and
state policies. However, principles in Article II
are not intended to be selfexecuting principles
ready for enforcement through the courts. They
are used by thejudiciary as aids or as guides in
theexerciseofitspowerofjudicialreview,andby
the legislature in its enactment of laws. (Tondo
Medicalv.CA,G.R.No.167324,July17,2007)
Note: As a general rule, these provisions are non
selfexecuting.
But
a
provision
that
is
complete
in
itself,andprovidessufficientrulesfortheexerciseof
rights, is selfexecuting. Thus, certain provisions in
Art. II are selfexecuting, one of which is that
provided in Section 16, Art. II, The State shall
protect and advance the right of the people to a
balanced and healthful ecology in accordwith the
rhythmandharmonyofnature.(Oposav.Factoran,
G.R.No.101083,July,30,1993)
Q:WhatisaRepublicanState?
A: It is a state wherein all government authority
emanates from the people and is exercised by
representativeschosen
by
the
people.
(Dissenting
OpinionofJ.Puno,G.R.No.148334,January21,
2004andBernasPrimer,2006Edition)
Q: What are the manifestations of
Republicanism?
A: The following are the manifestations of
Republicanism:
1. Ours is a government of laws and not of
men.
2.
RuleofMajority(Pluralityinelections)
3.
Accountabilityofpublicofficials
4.
Billof
Rights
5. Legislaturecannotpassirrepealablelaws
6. Separationofpowers
Note: In the view of the new Constitution, the
Philippinesisnotonlyarepresentativeorrepublican
state but also shares some aspects of direct
democracysuchasinitiativeandreferendum.
-
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USTGOLDENNOTES2011
Q: What do you understand by Constitutional
Authoritarianism?
A: Constitutional authoritarianism as understood
and practiced in the Marcos regime under the
1973 constitution was the assumption of
extraordinary
powers
by
the
President,
including
legislative and judicial and even constituent
powers.
Q: Isconstitutional authoritarianismcompatible
witharepublicanstate?
A. Yes, if the Constitution upon which the
Executive bases his assumption of power is a
legitimate expression of the peoples will and if
the Executive who assumes power received his
office through a valid election by the people.
(BernasPrimer,2006Edition)
Note:
The
essence
of
republicanism
is
representationandrenovation,theselectionbythe
citizenry of a corps of public functionaries who
derive their mandate from the people and act on
their behalf, serving for a limited period only, after
whichtheyarereplacedorretainedattheoptionof
theirprincipal.
Q:WhatistheStatepolicyregardingwar?
A: The State renounces war as an instrument of
nationalpolicy.(Sec.2,Art.II,1987Constitution)
Q:DoesthePhilippinesrenouncedefensivewar?
A.
No,
because
it
is
duty
bound
to
defend
its
citizens. Under the Constitution, the prime duty
of the government is to serve and protect the
people.
Note: 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. (Section 2, Article II, 1987
Constitution)
Q: What are the policies of the State on the
following?
1.
Workingmen
2.
Ecology
3.
Theysymbolsofstatehood
4.
Culturalminorities
5.
ScienceandTechnology
10
A:
1. Section 14,ArticleXIII of the Constitution
provides:"TheStateshallprotectworking
women by providing safe and healthful
working conditions, taking into account
their maternal functions, and such
facilities and opportunities that will
enhancetheirwelfareandenablethemto
realizetheirfullpotentialintheserviceof
the
nation."
2. Section 16, Article II of the Constitution
provides: The State shall protect and
advance therightof thepeopleand their
posterity to a balanced and healthful
ECOLOGY in accord with the rhythm and
harmonyofnature."
3. Section 1,ArticleXVII of the Constitution
provides:"TheFlagofthePhilippinesshall
be red, white, and blue, with a sun and
three stars, as consecrated and honored
bythepeopleandrecognizedbylaw."
Section 2,ArticleXVI of the Constitution
states:TheCongressmaybylaw,adopta
new name for the country, a national
anthem,oranationalseal,whichshallall
be truly reflective and symbolic of the
ideals, history, and traditions of the
people. Such law shall take effect only
upon its ratification by the people in a
nationalreferendum."
4. Section 22,Article II of the Constitution
provides: The State recognizes and
promotestherightsofindigenouscultural
communities
within
the
framework
ofnationalunityanddevelopment."
Section 5, Article XII of the Constitution
reads: The State, subject to the
provisions of this Constitution and
national development policies and
programs, shall protect the rights of
indigenous cultural communities to their
ancestral lands to ensure their economic,
socialandculturalwellbeing.
The Congress may provide for the
applicability of customary laws governing
propertyrights
or
relations
in
determining
theownershipandextentoftheancestral
domains."
Section 6, Art. XIII of the Constitution
provides: The State shall apply the
principles of agrarian reform or
stewardship, whenever applicable in
accordancewith law, inthedispositionor
utilization of other natural resources,
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
-
8/12/2019 Ust 2011 Consti 1
11/69
GENERAL CONSIDERATIONS
includinglandsofthepublicdomainunder
leaseorconcessionsuitabletoagriculture,
subjecttopriorrights,homesteadrightsof
smallsettlers,andtherightsofindigenous
communitiestotheirancestrallands.
The State may resettle landless farmers
and
farm
workers
in
its
own
agricultural
estateswhichshallbedistributedtothem
inthemannerprovidedbylaw."
Section17,ArticleXIVof theConstitution
states:"TheStateshallrecognize,respect
and protect the rights of indigenous
cultural communities to preserve and
develop their cultures, traditions, and
institutions.Itshallconsidertheserightsin
the formulation of national plans and
policies."
5. Section 17, Article II of the Constitution
provides:
"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
liberationanddevelopment."
Section 14,ArticleXII of the Constitution
readsinpart:"Thesustaineddevelopment
ofareservoirofnationaltalentsconsisting
of Filipino scientists, entrepreneurs,
professionals, managers, highlevel
technical manpower and skilled workers
and craftsmen shall be promoted by the
State.
The
State
shall
encourage
appropriate technology and regulate its
transferforthenationalbenefit.
Subsection2,Section3,ArticleXIVofthe
Constitution states: "They (educational
institutions)shall inculcatepatriotismand
nationalism, foster love of humanity,
respect for human rights, appreciation of
theroleofnationalheroesinthehistorical
development of the country, teach the
rightsanddutiesofcitizenship,strengthen
ethicalandspiritualvalues,developmoral
character and personal discipline,
encourage
critical
and
creative
thinking,
broaden scientific and technological
knowledge, and promote vocational
efficiency."
Section10,ArticleXIVof theConstitution
declares: "Science and Technology are
essential for national development and
progress. The State shall give priority to
research and development, invention,
innovation, and their utilization; and to
science and technology education,
training, services. It shall support
indigenous, appropriate, and selfreliant
scientific and cultural capabilities, and
their application to the country's
productivesystems
and
national
life."
Section11,ArticleXIVof theConstitution
provides: "The Congress may provide for
incentives, including tax deductions, to
encourage private participation in
programs of basic and applied scientific
research. Scholarships, grantsinaid or
other forms of Incentives shall be
provided to deserving science students,
researchers, scientists, investors,
technologists, and specially gifted
citizens."
Section12,
Article
XIV
of
the
Constitution
reads: The State shall regulate the
transfer and promote the adaptation of
technology from all sources for the
nationalbenefit.Itshallencouragewidest
participation of private groups, local
governments, and communitybased
organizations in the generation and
utilizationofscienceandtechnology."
Q: Does the 1987 Constitution provide for a
policy of transparency in matters of public
concern?
A:Yes,
the
1987
Constitution
provides
for
apolicy
oftransparencyinmattersofpublicinterest:
1. Section 28, Article II of the 1987
Constitutionprovides:"Subjecttoreasonable
conditions prescribed by law, the State
adopts and implements a policy of full
disclosure of all its transactions involving
publicinterest,"
2. Section 7,Article III states: "The right of
the people to information on matters of
publicconcernshallberecognized,accessto
official records, and to documents, and
papers
pertaining
to
official
acts,
transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen,subjecttosuchlimitationsasmaybe
providedbylaw."
11
3.Section20,ArticleVI reads: "The records
and books of account of the Congress shall
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
-
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USTGOLDENNOTES2011
be preserved and be open to the public in
accordance with law, and such books shall
be audited by the Commission on Audit
whichshall publishannuallyan itemized list
of amounts paid to and expenses incurred
foreachmember."
4. Section 17, Article XI provides: sworn
statementofassets,liabilitiesandnetworth
of the President, the VicePresident, the
Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional
Commissionandotherconstitutionaloffices,
andofficersofthearmedforceswithgeneral
or flag rank filed upon their assumption of
officeshall be disclosed to the public in the
mannerprovidedbylaw.
5. Section 21, Article XII declares:
"Information on foreign loans obtained or
guaranteed
by
the
government
shall
be
madeavailabletothepublic."
Note: These provisions on public disclosures
are intended to enhance the role of the
citizenry in governmental decisionmaking as
well as in checking abuse in government.
(Valmonte vs. Belmonte, G.R. No. 74930, Feb.
13,1989)
Q:WhatistheDoctrineofIncorporation?
A: It means that the rules of International law
formpartofthelawofthelandandnolegislative
action is required to make them applicable in a
country.Bythisdoctrine,thePhilippinesisboundby generally accepted principles of international
law, which are considered to be automatically
partofourownlaws.(Taadav.Angara,G.R.No.
118295,May2,1997)
Q:WhatistheDoctrineofAutolimitation?
A:ItisthedoctrinewherethePhilippinesadhere
toprinciplesofinternationallawasalimitationto
theexerciseofitssovereignty.
Note: The fact that the international law has been
made part of the law of the land does not by any
means imply the primacy of international law overnational law inthemunicipalsphere. (PhilipMorris,
Inc.v.CA,G.R.No.91332,July16,1993)
Q: What is meant by the principle of Civilian
Supremacy?
12
A:The civilianauthority is, at all times,supreme
overthemilitary.
Q:Howisciviliansupremacyensured?
A:
1. By the installation of the President, the
highestcivilianauthority,asthecommander
inchief of all the armed forces of the
Philippines. (Sec. 18, Art. VII, 1987
Constitution)
2.Throughtherequirementthatmembersof
the AFP swear to uphold and defend the
Constitution, which is the fundamental law
ofcivilgovernment.(Sec.5[1],Art.XVI,1987
Constitution)
Q: Can a person avoid the rendition of military
servicestodefendtheState?
A: No. One cannot avoid compulsory military
service by invoking ones religious convictions or
by saying that he has a sick father and several
brothers
and
sisters
to
support.
Accordingly,
the
duty of government to defend the State cannot
be performed except through an army. To leave
the organization of an army to the will of the
citizens would be to make this duty to the
Government excusable should there be no
sufficient men who volunteer to enlist therein.
The right of the Government to require
compulsory military service is a consequence of
itsdutytodefendtheStateandisreciprocalwith
itsdutytodefendthelife,liberty,andpropertyof
thecitizen.(Peoplev.Zosa,G.R.No.L4589293,
July13,1938).
Q:
What
are
the
provisions
of
the
Constitutionthat support the principle of separation of
ChurchandState?
A:
1. The nonestablishment clause. (Sec. 5 of
Art.III)
2. Sectoral representation in the House of
Representatives. Various sectors may be
represented except the religious sector.
(Par.2,Sec.5ofArt.VI)
3. Religiousgroupsshallnotberegisteredas
political parties. (Par. 5, Sec.2,Art. IXC,
1987Constitution)
Note: Exceptions to the abovementioned rule are
thefollowingprovisons:
1. Churches, parsonages, etc. actually, directly
and exclusively used for religious purposes
shall be exempt from taxation. (Article VI,
Section28[3]);
2. Whenpriest,preacher,ministerordignitaryis
assigned to the armed forces, or any penal
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
-
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GENERAL CONSIDERATIONS
institution or government orphanage or
leprosarium, public money may be paid to
them(ArticleVI,Section29[2]);
3. Optional religious instruction for public
elementary and high school students (Article
XIV,Section3[3]);
4. Filipinoownership requirementforeducation
institutions, except those established by
religious groups and mission boards (Article
XIV,Section4[2]).
Q:WhatistheStrictSeparationistApproach?
A:Underthisapproach,theestablishmentclause
wasmeanttoprotecttheStatefromthechurch,
and the States hostility towards religion allows
no interaction between the two. (Estrada v.
Escritor,A.M.No.P021651,June22,2006)
Q:WhatistheStrictNeutralityApproach?
A: It is not hostile in religion, but it is strict in
holding that religion may not be used as a basis
for classification for purposes of governmental
action, whether the action confers rights or
privileges or imposes duties or obligations. Only
secular criteria may be the basis of government
action. It does not permit, much less require
accommodation of secular programs to religious
belief. (Estrada v. Escritor,A.M. No. P021651,
June22,2006)
Q:WhatisthetheoryofBenevolentNeutrality?
A: Under this theory the wall of separation is
meant to protect the church from the State. It
believes that with respect to governmental
actions, accommodation of religion may be
allowed, not to promote the governments
favored formof religion, but to allow individuals
and groups to exercise their religion without
hindrance. (Estrada v. Escritor, A.M. No. P02
1651,June22,2006)
Q:WhattheoryisappliedinthePhilippines?
13UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
A: In the Philippine context, the Court
categorically
ruled
that,
the
Filipino
people,
inadopting the Constitution, manifested their
adherencetothebenevolentneutralityapproach
thatrequiresaccommodationsininterpretingthe
religion clauses. (Estrada v.Escritor,A.M.No.P
021651,June22,2006)
Q: Whatare the threekindsofaccommodation
thatresultsfromfreeexerciseclaim?
A:Thosewhichare:
1. Found to be constitutionally compelled,
i.e. required by the Free Exercise Clause
(mandatory),
2.
Discretionary or legislative, i.e. not
required by the Free Exercise Clause
(permissive),
3.
Prohibited
by
the
religion
clauses
(prohibited).
Note:Basedontheforegoing,andafterholdingthat
the Philippine Constitution upholds the benevolent
neutralitydoctrinewhichallowsforaccommodation,
the Court laid down the rule that in dealing with
cases involving purely conduct based on religious
belief, it shall adopt the strictcompelling State
interest test because it is most in line with the
benevolentneutralityaccommodation.
Q:WhatisMandatoryAccommodation?
A:
This
is
based
on
the
premise
that
whenreligious conscience conflicts with a government
obligation or prohibition, the government
sometimes may have to give way. This
accommodationoccurswhenallthreeconditions
ofthecompellingStateinteresttestaremet.
Q:WhatisPermissiveAccommodation?
A: It means that the State may, but is not
requiredto,accommodatereligiousinterests.
Q:WhatisProhibitedAccommodation?
A:This
results
when
the
Court
finds
no
basis
for
amandatoryaccommodation,oritdeterminesthat
the legislative accommodation runs afoul of the
establishment or the free exercise clause. In this
case,theCourtfindsthatestablishmentconcerns
prevailoverpotentialaccommodationinterests.
Note:Thepurposeofaccommodationsistoremove
aburdenon,orfacilitatetheexerciseof,apersons
orinstitutionsreligions.
SEPARATIONOFPOWERS
Q:
What
is
the
Doctrine
of
Separation
ofPowers?
A: In essence, separation of powers means the
legislation belongs to Congress, execution to the
executive,settlementoflegalcontroversiestothe
judiciary. Each is therefore prevented from
invadingthedomainoftheothers.
Q:Whatisthepurposeofseparationofpowers?
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USTGOLDENNOTES2011
A: To prevent the concentration of authority in
onepersonorgroupofpersonsthatmightleadto
irreparable error or abuse in its exercise to the
detrimentofrepublican institutions.Thepurpose
was not to avoid friction, but, by means of the
inevitable
friction
incident
to
the
distribution
of
governmental powers among the three
departments,tosavethepeoplefromautocracy.
1. Tosecureaction
2. Toforestalloveraction
3. Topreventdespotism
4. Toobtainefficiency
Q: What are the powers vested in the three
branchesofgovernment?
A:
Executive Legislative
14POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
Judiciary
Imple
mentationof
laws
(Powerofthe
sword)
Makingoflaws
(Powerofthe
purse)
Interpretation
oflaws
(Powerof
judicialreview)
Note: Legislative power is given to the Legislature
whosemembersholdofficeforafixedterm(Art.VI,
Sec.1); executive power is given to a separate
Executivewhoholdsofficeforafixedterm(Art.VII,
Sec.1);andjudicialpowerisheldbyanindependent
Judiciary.(Art.VIII,Sec.1)
Q:Agroupoflosinglitigantsinacasedecidedby
theSCfiledacomplaintbeforetheOmbudsman
charging
the
Justices
with
knowingly
and
deliberatelyrenderinganunjustdecisioninutter
violationofthe penal laws of the land.Can the
Ombudsmanvalidlytakecognizanceofthecase?
A: No.Pursuant to theprincipleofseparationof
powers,thecorrectnessofthedecisionsoftheSC
as final arbiter of all justiciable disputes is
conclusive upon all other departments of the
government; the Ombudsman has no power to
review the decisions of the SC by entertaining a
complaint against the Justices of the SC for
knowingly rendering an unjust decision. (In re:
Laureta,G.R.No.L68635,May14,1987)
Q: May the RTC or any court prohibit a
committee of the Senate like the Blue Ribbon
Committee from requiring a person to appear
before it when it is conducting investigation in
aidoflegislation?
A: No, because that would be violative of the
principle of separation of powers. The principle
essentially means that legislation belongs to
Congress, execution to the Executive and
settlementoflegalcontroversiestotheJudiciary.
Each is prevented from invading the domain of
the others. (Senate Blue Ribbon Committee v.
Majaducon,G.R.No.136760,July29,2003)
Q:WhatistheprincipleofBlendingofPowers?
A:Itisaninstancewhenpowersarenotconfined
exclusively within one department but are
assignedtoorsharedbyseveraldepartments.
Examples of the blending of powers are the
following:
1. Power of appointment which can be
exercised by each department and be
rightfully exercised by each department
overitsownadministrativepersonnel;
2.
General
Appropriations
Law
President
prepares the budget which serves as the
basisofthebilladoptedbyCongress;
3. Amnesty granted by the President
requires the concurrence of the majority
ofallthemembersoftheCongress;and
4. COMELEC does not deputize law
enforcement agencies and
instrumentalities of the government for
the purpose of ensuring free, orderly,
honest, peaceful and credible elections
alone (consent of the President is
required)
CHECKSANDBALANCES
Q:WhatistheprincipleofChecksandBalances?
A: It allows one department to resist
encroachmentsuponitsprerogativesortorectify
mistakes or excesses committed by the other
departments.
Q:HowdoestheExecutiveChecktheothertwo
branches?
A:
EXECUTIVECHECK
Legislative Judiciary
Through its
vetopower
1. Through its power of
pardon, it may set aside
the judgment of the
judiciary.
2. Also by power of
appointment power to
appoint members of the
Judiciary.
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GENERAL CONSIDERATIONS
Q: How does Legislature check the other two
branches?
A:
15UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
LEGISLATIVECHECK
Executive Judiciary
1.
Override
the
veto of the
President
Revoke
or
amend
the
decisionsbyeither:
1.Enactinganewlaw
2. Reject certain
appointments
made by the
president
2. Amending the old law,
giving it certain
definition and
interpretation different
fromtheold
3. Revoke the
proclamation
of martial law
or suspension
of the writ of
habeascorpus
3. Impeachment of SC
members
4. Impeachment 4. Define, prescribe,
apportion jurisdiction of
lowercourts:
a. Prescribe the
qualifications of
lower court
judges
b. Impeachment
c. Determination of
salariesofjudges.
5. Determine the
salaries of the
president or
vicepresident
Q:
How
does
the
Judiciary
check
the
other
two
branches?
A:
JUDICIALCHECK
Executive Legislative
It maydeclare (through theSC
as the final arbiter) the actsof
both the legislature and
executive as unconstitutional
or invalid so long as there is
graveabuseofdiscretion.
Note:Oftentimes,duetotheprincipleofseparation
ofpowers,
the
Supreme
Court
refuses
to
pass
upon
theconstitutionalityofthelawssolongasitcanuse
otherbasisfordecidingthecase.
The legislature cannot, upon passing a law which
violatesaconstitutionalprovision,validateitsoasto
prevent an attack thereon in the courts, by a
declaration that it shall be so construed as not to
violate the constitutional inhibition (Endencia v.
David,G.R.No.L635556Aug.31,1953). The right
and responsibility to investigate and suspend a
public official rests solely in the executive
department; the legislature cannot delegate a
power/dutytotheSCtoinvestigatetheconductand
behaviorofexecutiveofficialsotherwise,itwouldbe
unconstitutional as per violation of the doctrine of
separation of powers. (Noblejas v. Teehankee,G.R.
No.L28790,Apr.29,1968)
Thefirstandsafestcriteriontodeterminewhethera
given power has been validly exercised by a
particular department iswhether or not thepower
has been constitutionally conferred upon the
department claiming itsexercise. However, even in
theabsence ofexpressconferment, the exerciseof
the power may bejustified under the Doctrine of
Necessary Implication the grant of express power
carried with it all other powers that may be
reasonablyinferredfromit.
DELEGATIONOFPOWERS
Q:Can
adelegated
power
be
re
delegated?
A:
GR:No.Delegatedpowerconstitutesnotonly
a right but a duty to be performed by the
delegate through the instrumentality of his
own judgment and not through the
interveningmindofanother.
XPN:Permissibledelegations:PETAL
1.
Delegation to the People through
initiative and referendum. (Sec. 1,Art.
VI,1987Constitution)
2.
Emergency
powers
delegated
by
CongresstothePresident.(Sec.23,Art.
VI)
The conditions for the vesture of
emergencypowersarethefollowing:
a. There must be war or other
nationalemergency
b. The delegation is for a limited
periodonly
c. Delegationissubjecttorestrictions
asCongressmayprescribe
d. Emergency powers must be
exercisedtocarryanationalpolicydeclaredbyCongress
3. CongressmaydelegateTariffpowersto
thePresident.(Sec.28(2),Art.VI)
Note:TheTariffandCustomsCode isthe
enabling law that grants such powers to
thepresident.
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USTGOLDENNOTES2011
The power to impose tariffs in the first
place isnot inherent in the President but
arisesonlyfromcongressionalgrant.Thus,
itistheprerogativeofCongresstoimpose
limitations and restrictions on such
powers which do not normally belong to
theexecutive in the firstplace. (Southern
Cross
Cement
Corporation
v.
Philippine
Cement Manufacturing Corp., G.R. No.
158540,Aug.3,2005)
16POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
4. Delegation to Administrative bodies
also known as power of subordinate
legislation.
Note: This refers to the authority vested
by Congress to the administrative bodies
to fill in the details which Congress
cannotprovidedueto lackofopportunity
orcompetence.Such includesthemaking
of supplementary rules and regulations.
Suchhave
the
force
and
effect
of
law.
5. DelegationtoLocalGovernmentsIt is
not regarded as a transfer of general
legislative power, but rather as the
grant of authority to prescribe local
regulations.
Note:Congresscanonlydelegate,usually
to administrative agencies, RuleMaking
Power.
Q:Whatarethetwotestsofvaliddelegation?
A:
1. Completeness Test law must be
complete in all 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
enforceit.
2. Sufficient Standard Test if law does
notspelloutindetailthelimitsofthe
delegates authority, it may be
sustained if delegation is made
subjecttoasufficientstandard.
Note: SUFFICIENT STANDARD maps
out the boundaries of the delegates
authority and indicating the
circumstances under which it is to be
pursuedandeffected(purpose:prevent
totaltransferenceoflegislative power).
Note: INVALID DELEGATION OF LEGISLATIVE
POWERIf there are gaps that will prevent its
enforcement, delegate is given the opportunity to
step into the shoes of the legislature and exercise
discretioninordertorepairtheomissions.
Q: What is the distinction between the
Presidents authority to declare a state of
national emergency and her authority to
exerciseemergencypowers?
A:ThePresidentsauthorityto:
DeclareaStateof
NationalEmergency
ExerciseEmergency
Powers
Granted by the
Constitution, no
legitimate objection can
beraised.
Requires a delegation
from Congress. (David,
et al. v. Gloria
MacapagalArroyo, et
al., G.R. No. 171396,
May3,2006)
Note: Conferment of
emergency powers on
the President is not
mandatoryon
Congress.
FORMSOFGOVERNMENT
Q: What is the form of government of the
Philippines?
A: The Philippines adheres to the presidential
system.
Q:What istheprincipal identifying featureofa
presidentialformofgovernment?
A:
The
principal
identifying
feature
of
a
presidential form of government is embodied in
theseparationofpowersdoctrine.
Note: In presidential system, the President is both
theheadofStateandtheheadofgovernment.
Q: What are the essential characteristics of a
parliamentaryformofgovernment?
A:
1.Themembersofthegovernmentorcabinet
or the executive arm are, as a rule,
simultaneouslymembersofthelegislature;
2.Thegovernmentorcabinetconsistingofthe
political leadersofthemajoritypartyorofa
coalition who are also members of the
legislature, is in effect a committee of the
legislature;
3.Thegovernmentorcabinethasapyramidal
structure at the apex of which is the Prime
Ministerorhisequivalent;
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GENERAL CONSIDERATIONS
17UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
4.Thegovernmentorcabinetremainsinpower
only for so long as it enjoys the support of
themajorityofthelegislature;
5. Both government and legislature are
possessedofcontroldeviceswhicheachcan
demand of the other immediate political
responsibility.In
the
hands
of
the
legislature
is the vote of nonconfidence (censure)
wherebygovernmentmaybeousted. In the
hands of the government is the power to
dissolve the legislature and call for new
elections.
Q:WhatarethefunctionsoftheGovernment?
A:
1. Constituent mandatory for the
government to perform because they
constitutetheverybondsofsociety.
2.
Ministrant
intended
to
promote
the
welfare,progressandprosperityof the
people.
Note: Distinction of function is no longer relevant
because the Constitution obligates the State to
promotesocialjusticeandhasrepudiatedthelaissez
faire policy (ACCFA v. Federation of Labor Unions,
G.R. No. L221484, Nov. 29, 1969). However, in
Shipside Incorporated v. CA (G.R. No. 143377,Feb.
20, 2001), the nature of the function of the BCDA
was a factor to determine the locus standi of the
Government.
Q:
Does
the
Bases
Conversion
Development
Authority (BCDA) exercise constituent or
ministrantfunction?
A: While public benefit and public welfare,
particularly, the promotion of the economic and
social development of Central Luzon, may be
attributabletotheoperationoftheBCDA,yetitis
certainthatthefunctionsperformedbytheBCDA
are basically proprietary in nature. Other
corporations have been created by government
to act as its agents for the realization of its
programs,theSSS,GSIS,NAWASAandtheNIA,to
count a few, and yet, the Court has ruled that
these
entities,
although
performing
functions
aimed at promoting public interest and public
welfare, are not governmentfunction
corporations invested with governmental
attributes. It may thus be said that the BCDA is
not a mere agency of the Government but a
corporatebodyperformingproprietaryfunctions.
(Shipside Incorporated v. CA, G.R. No.
143377,Feb.20,2001)
Q:Whataretheclassificationsofgovernmenton
thebasisoflegitimacy?
A:
1.
De jure government. A government
truly and lawfully established by the
ConstitutionofaStatebutwhichhaving
been
in
the
meantime
displaced
is
actuallycutofffrompowerorcontrol.
2.
Defactogovernment.Agovernmentof
fact;one actually exercising powerand
control in the State as opposed to the
trueandlawfulgovernment.
Q:Whatarethekindsofadefactogovernment?
A:
1.
Defactopropergovernmentthatgets
possessionandcontrolof,orusurps,by
force or by the voice of the majority,
the rightful legal government and
maintains
itself
against
the
will
of
the
latter;
2. Government of paramount force
established and maintained by military
forces who invade and occupy a
territoryof the enemy in thecourseof
war;and
3. Independent government established
by the inhabitants of the country who
rise in insurrection against the parent
State.(KopKimChamv.ValdezTanKey,
G.R.No.L 5,Sept.17,1945)
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USTGOLDENNOTES2011
18POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.
C.LEGISLATIVEDEPARTMENT
Q:Towhatbodyislegislativepowervested?
A:
GR:Congress
XPN: Powers reserved to the people by the
provisiononinitiativeandreferendum.
Q:Whataretheclassesoflegislativepower?
A:ODeCO
1. Original: Possessed by the people in
their sovereign capacity i.e. initiative
andreferendum.
2. Delegated: Possessed by Congress and
other legislativebodiesbyvirtueofthe
Constitution.
3. Constituent: The power to amend or
revisethe
Constitution.
4. Ordinary: The power to pass ordinary
laws.
Q: What are the limitations on the legislative
powerofCongress?
A:
1. Substantive: limitations on the content
oflaws.
2. Procedural: limitations on the manner
ofpassinglaws.
3. Congresscannotpassirrepealablelaws.
4. Congress, as a general rule, cannot
delegateits
legislative
power.
Note:TheCongressofthePhilippinesisabicameral
body composed of a Senate and House of
Representatives, the first being considered as the
upperhouseandthesecondthelowerhouse.
HOUSESOFCONGRESS
Compositions,QualificationsandTermsofOffice
Q: Discuss the composition, qualifications, and
termofofficeofmembersofCongress.
A:
SENATE HoR
Composition
24 Senators (elected
at large by qualified
Filipinovoters)
Not more than 250
members,unlessotherwise
providedbylaw.
Qualifications
1. Naturalborn 1. Naturalborn citizen of
citizenofthePhils.
2.Atleast35yearsof
age on the day of
election.
3. Able to read and
write.
4. Resident of the
Phils.
for
not
less
than 2 years
immediately
preceding the day
ofelection.
thePhils.
2. At least 25 years of age
onthedayofelection.
3.Abletoreadandwrite.
4. Except the partylist
reps, a registered voter
in the district in which
heshall
be
elected.
5. Resident thereof for a
periodofnotlessthan1
year immediately
proceeding the day of
theelection.
Termofoffice
6 years, commencing
at noon on the 30th
day of June next
following their
election.
Termlimit:Onlyupto
2
consecutive
terms.
However, they may
serveformorethan2
terms provided that
the terms are not
consecutive.
3 years, commencing at
noon on the 30th
day of
June next following their
election.
Term limit: No member of
the
HoR
shall
serve
for
more than 3 consecutive
terms.
Q: Discuss the disqualifications of members of
Congress.
A:
Senate HoR
1.NoSenatorshallserve
for more than 2
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
(Section4,ArticleVI).
1. Shall not serve for
more than three (3)
consecutive terms (Sec.
7,Article
VI).
2. One who has been
declared by competent
authority as insane or
incompetent
2. One who has been
declared by competent
authority as insane or
incompetent
3. One who has been
sentenced by final
judgmentfor:
a.Subversion;
b.Insurrection;
c.Rebellion;
d.Anyoffensefor
whichhehasbeen
sentencedtoa
3. One who has been
sentenced by final
judgmentfor:
a.Subversion;
b.Insurrection;
c.Rebellion;
d.Anyoffensefor
whichhehasbeen
sentencedtoa
-
8/12/2019 Ust 2011 Consti 1
19/69
LEGISLATIVE DEPARTMENT
penaltyofnotmore
than18months;or
e. A crime involving
moral turpitude,
unless given plenary
pardonor
granted amnesty.
(Section12,
BP
881)
penaltyofnotmore
than18months;or
e.Acrime
involvingmoral
19UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
turpitude,unless
givenplenarypardon
orgranted
amnesty.(Section
12,
BP881)
Note: The term of office prescribed by the
Constitution may not be extended or shortened by
the legislature, but the period during which an
officer actually holds the office (tenure) may be
affected by circumstances within or beyond the
power of said officer. Tenure may be shorter than
the termor it may not existat all.Thesesituations
willnotchangethedurationofthetermofoffice.
Q: How can members of Congress be removed
fromtheirrespectiveoffices?
A:
SENATORS MEMBERSOFTHE
HOUSEOF
REPRESENTATIVES
(HoR)
Expulsion by the Senate
with the concurrence of
2/3 of all its members.
(Sec. 16, par. 3, Article
VI)
Expulsion by the House
is with the concurrence
of 2/3 of all its
members. (Sec. 16,par.
3,Art.VI)
Q: Can Congress or COMELEC impose an
additional qualification for candidates for
senator?
A: No. The Congress cannot validly amend or
otherwise modify these qualification standards,
asitcannotdisregard,evade,orweakentheforce
of a constitutional mandate, or alter or enlarge
the Constitution (Cordora v. COMELEC,G.R.No.
176947, Feb. 19, 2009; Social Justice Society v.
DDB and PDEA, G.R Nos. 157870, 158633,
161658,Nov.3,2008).
Q:Whatistheruleonvoluntaryrenunciationof
officeforanylengthoftime?
A:Itshallnotbeconsideredasaninterruptionin
thecontinuity
of
his
service
for
the
full
term
for
whichhewaselected(Sec.4,ArticleVI).
HouseofRepresentatives(HoR)
Q:WhatisthecompositionofHoR?
A:
DistrictRepresentative Partylist
Representative
1. Elected according
to legislative
district by the
constituents
of
suchdistrict;
2. Must be a resident
of his legislative
district for at least
1year immediately
before the
election;
3. Elected personally,
byname;
4. Does not lose seat
if he/she changes
partyoraffiliation;
5. In case of vacancy,
a special election
may
be
held
provided that the
vacancytakesplace
at least 1 year
before the next
election;
6. A district
representative is
notpreventedfrom
running again as a
district
representative if
he/she lost during
the previous
election;and
7.
A change in
affiliation within
months prior to
election does not
prevent a district
representative
fromrunningunder
hisnewparty.
1. Elected nationally
with partylist
organizations
garnering
at
least
3%ofallvotescast
for the partylist
system entitled to
1 seat, which is
increased
according to
proportional
representation, but
is in no way to
exceed 3 seats per
organization;
2. No special
residency
requirement;
3.
Voted
upon
by
party or
organization. It is
only when a party
is entitled to
representation
that it designates
who will sit as
representative;
4. If he/she changes
party or affiliation,
loses his seat, in
which case he/she
will be substituted
by another
qualified person in
the party
/organization
based on the list
submitted to the
COMELEC;
5. In case of vacancy,
a substitu