Kwin
May 30, 2011
-SIGNATURE
The petition itself must be signed by the voters.
IOW you cannot only attach a blank papers to the
petition. (Lambino vs Comelec).
This is the reason why the petition for the
As to basis:
1. EMOCRATIC REPUBLICAN
-depend on the form of government that is provided in the
constitution itself
PHILIPPINE CONSTITUTION
-written
-enacted
-rigid
-democratic/republican
-presidential
Section 27. This Constitution shall take effect immediately upon its
EFFECTIVITY
ratification by a majority of the votes cast in a plebiscite held for the purpose
When did the 1987 Constitution take effect? and shall supersede all previous Constitutions.
You have learned that it is prepared by a Constitutional
Commission pursuant to Proclamation number 9 by then ELEMENTS OF A STATE
President Aquino under the Revolutionary Government
As you have learned in your first year, the study of political
consisting of 50 non elected by appointed members, from
law basically a study about the state and when you study the
the different sectors of society.
state, you have to go about its elements.
After they have drafted, it was ratified by the people on Feb
2, 1987. It was declared to have been validly ratified in Feb
From the POV of Political law, there are only four elements:
11, 1987 by the Exec Order 50 by President Aquino. 1. people pg 8
2. territory 5
Because there are provisions in 1987 constitution that were 3. government 29
inconsistent with 1973, and therefore they are deemed
4. sovereignty 21
repealed.
For example, death penalty. 1973 does not prohibit death
From the POV of International law, for a state to be
penalty. But the 1973 has expressly prohibited death penalty
considered as such, two other elements must be present:
except when congress by compelling reason, congress will 5. degree of civilization acceptable by the Family of Nations
pass a law for heinous crimes and impose death penalty.
6. recognition of the Family of Nations
Therefore there was a law passed defining heinous crimes
and providing death penalty bit was repealed lately.
PREAMBLE
Is death penalty abolished in 1987 constitution? Yes. That is We, the sovereign Filipino people, imploring the aid of Almighty God, in
the GR. The exception is when there is reservation by order to build a just and humane society, and establish a Government that
congress to pass a law defining what heinous crimes are and shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
imposing death penalty. posterity, the blessings of independence and democracy under the rule of
If 1973 does not prohibit but 1987 prohibits, assuming that law and a regime of truth, justice, freedom, love, equality, and peace, do
there is no law yet, here is on convicted in 1985 to be ordain and promulgate this Constitution.
All citizens are nationals but not all nationals are citizens.
1. PEOPLE Because while you may be a Filipino by origin, but you are
PEOPLE AS AN ALEMENT OF THE STATE no longer a citizen because you have been nationalized in
Another element of the state is people. another country. But still you may be loyal to the Philippines
From the POV of political law, the most important thing is you being a former citizen of this country.
must understand who are these people being referred to;
how is the word people used in the provisions of the C: member of a democratic political community
constitution N: member of any community
People could mean the INAHBITANTS IN GENERAL. The ACQUISITION OF CITIZENSHIP THROUGH BLOOD
inhabitants could either be a citizen or a foreigner. RELATIONSHIP
A citizen could either be a qualified voter or a non voter. Insofar as citizen is concerned, title he holds is CITIZENSHIP.
So when the constitution says sovereignty resides in the And how is this acquired by him in order to be a member of a
people and all government authority emanates from them, democratic body politic?
does the term people include the foreigners? Genrally, you have by blood relationship on the principle of
Certainly not. Because they have nothing to do with the jus sanguinis. You have the place of birth and naturalization
establishment of government. or by marriage.
Does it include those who are not qualified voters? So from birth, there are two choices, either jus soli or blood
No. because they cannot chose representatives of the relationship.
government. But in this jurisdiction, we do not recognize jus soli.
So when we say sovereignty resides in the people, the people But if you are asked, once upon a time, did we recognize jus
being referred to here actually refers TO THE QUALIFIED soli principle?
VOTERS OR TO THE ELECTORATE. During the American occupation, there was no definition
on who are citizens of the Philippines.
PEOPLE RIGHT TO INFORMATION We were also not citizens of US and Spain, we were their
When the law says THE RIGHT OF PEOPLE TO INFORMATION subjects.
OF MATTERS OF PUBLIC CONCERN, can a foreigner join the Until the Philippine Bill of 1902 was passed in July 1, 1902
list? where there was a definition of Citizens.
No. because the people being referred to there refers only Between Dec 10, 1988 (transfer of sovereignty from Spain
to citizens of the country. Many he be a voter or non voter. to US) to July 1, 1902, there was no definition as to who
were the citizens of the Philippines.
Thus the recognition of the principle of JUS SOLI, following
the law in America.
So that if this person was born under 1935 Constitution, MARRIED BEFORE 1935, BORN AFTER 1987
elected Filipino citizenship under 1973 Constitution, he is a But if the mother was married under the 1935 Constitution
Filipino citizen but not a natural born. under which he is considered to have lost her Filipino
citizenship by virtue of the marriage to the foreigner and the
However, it is anomalous because while these two persons child is born only after the 1987 Constitution, what would be
are situated under the same circumstances, the only the citizenship of the child?
difference is the date of election, one is considered a Filipino It depends at the citizenship of the mother at the time of
citizen and the other is not. birth.
Precisely this was corrected under the 1973 constitution. That If at the time of birth, the e mother has not reacquired her
even those who are elected as Filipino citizenship are now Philippine citizenship, then she remains a foreigner. In which
considered as natural born citizens. Apply retroactively. case, the child has no choice. Both parents are foreigners.
So there is no more problem in determining whether he is And even if he elects Philippine citizenship, he cannot
natural born or not. Even if he elected Filipino citizenship, he acquire Philippine citizenship.
is a natural born citizen, therefore qualified to run for office
that requires only natural born citizens. REQUIREMENTS OF CITIZENSHIP BY ELECTION
Because here to avail of CITIZENSHIP BY ELECTION pursuant
to the provisions of 1935 Constitution, TN of the
MANNER OF ELECTION requirements:
How is election be made in order to be considered a citizen? 1. born before Jan 17, 1973
1. taking of oath of allegiance 2. mother is Filipino at least at the time of the marriage to the
2. participating in election by foreigner husband
a. running for public office
b. voting Even if the mother has become a foreigner at the time of
c. actively campaigning for a candidate the birth of the child, the child has a chance of becoming a
3. declares under oath as a Filipino citizen Filipino by election upon reaching the age of majority or
within a reasonable period of time.
APPLICATION UNTIL 1997
Citizen by election applies only until 1997. Because if the child
was born after 1973, there is no need to elect Filipino ART 4 SEC 1 PAR 3
[3] Those born before January 17, 1973, of Filipino mothers, who elect
citizenship because he is already considered a Filipino Philippine citizenship upon reaching the age of majority; and
citizen.
So the cut off is 1973. Plus 21, that means 1994. Plus 3 years We have discussed this already.
1997 (3 years after reaching the age of majority). The is only temporary and transitional in a sense that by 1994
He has to elect by the age of 21 or within reasonable period to 1997, there will be no more children by election because
of time. the presumption is the child must have either elected
Filipino citizenship or the time has passed for him to elect
Filipino citizenship.
DISQUALIFIED VOTERS
RESIDENCE AND DOMICILE If you are a permanent disabled voter who cannot prepare his
TN of these cases because insofar as in public office running own ballot, are you allowed to vote?
and voting, they are of the same n the POV of political law. He is disqualified.
IOW for suits against the state, those that are allowed
because the state has given its consent to be sued, it will be
only up to the rendition of judgment. You cannot ask for a
writ of execution.
-------PREMID--------
EXPANDED CONCEPT OF JUDICIAL POWER Precisely, before the SC resolved on the merit, the issue,
But TN that has been expanded that the SC and other the SC still has to determine whether there is justification to
courts can also review WON there has been grave abuse of exercise its power of judicial review.
discretion amounting to lack or in excess of jurisdiction. Because as I have said, the judicial power may be used to
IOW what our constitution has recognized that each branch interfere into the prerogatives of the two other branches to
is supreme on its own sphere whose prerogatives cannot be make sure that SC will not be accused of interfering so you
interfered with by the other branches including the SC; must make sure that the 4 requisites are present.
because of the provisions of art 8, here that may still be So if one of the elements is absent, generally, there is no
reviewed if somebody goes to court and ask for relief, justification for SC to exercise judicial review. OW that
questioning the validity in the exercise of the prerogative. would be an encroachment of the prerogatives of the two
The constitution so provides. other branches of the government.
So the SC has no choice but to review because that is part Case: Ombudsman Merceditas Gutierez
of their power and obligation. There was an accusation made in the house of reps
And if it finds that indeed there is a grave abuse that while particularly the Committee on Justice, the SC has abused the
that is your discretionary power, however you abuse it power of judicial review because they have interfered with
amounting to lack or in excess of jurisdiction, SC has the task the prerogative to initiate impeachment proceedings.
to nullify it or declare it as null and void. Here TN that the issue is not the interference into the
This is not an assertion of the courts superiority. This is an impeachment proceedings prerogative to initiate on he part
assertion of the supremacy of the constitution. of the house of reps, but to determine as it was alleged by
(Angara vs Electoral Commission) the petitioner that that prerogative has been abused by the
house of reps by not following the procedure as provided b
the constitution.
POLITICAL QUESTIONS The constitution provides that there can only be an
IOW, even political questions involving purely discretionary initiation of impeachment proceedings not more than once
matters may still be reviewed by the courts without violating in a year, and that was an issue.
the separation of powers. Naturally the SC has to look into that because it was
Its more on checking the powers in order to balance the 3 alleged. And eventually the SC ruled in favor of the house of
branches powers and protect the people from any arbitrary reps saying that there has been no abuse of discretion and
control by the presidents exercise of his prerogative or by there has been no violation of the requirements of initiation
congress in the making of laws, through this judicial review of impeachment proceedings.
power of the courts. That does not make the SC superior of the two other
branches, but simply assert what is provided in the
However, insofar as political discretionary powers, the constitutionnot the superiority of the courts but the
issue is limited into WON there has been a grave abuse of supremacy of the provisions of the constitution.
discretion amounting to lack or in excess of jurisdiction.
Case: Sanlakas vs Executive Secretary But the moment that the president orders the warrantless
This relates to the declaration of a state of rebellion arrest, the taking over of some public utilities or vital
industries because of such emergency, he cannot do that
emergency powers without the grant of emergency powers to him by congress.
grant: thru statute (David et al vs Executive Secretary)
withdrawal: thru resolution could do
1. EXISTENCE OF THE BILL OF RIGHTS -grant and limit of rights 2. GOVERNMENT OF LAW AND NOT OF MEN
As we explained, the Bill of Rights will serve as a balance or All men are subject to the law. whimsical caprices of rulers
fulcrum between authority on one hand that is represented not allowed.
by the inherent powers and rights of individuals on the other Case: Villavicencio vs Lucban
hand. -all prostitutes should be deported to Davao
Without the balance, you cannot have a republican system of Case: Echenova vs Gonzalez
government. You will have a tyrannical system of You cannot just violate the law with impunity just because
government. you are powerful. Theres no one this country who is so
powerful that he can be above the law.
9. RULE ON MAJORITY - majority of House of Reps and of the Senate
Inasmuch as we cannot get the unanimous approval, we can
only estimate the consent of the people. And thats the
device on the majority rule. Because after all, the heavier
weight carries with it the lighter weight.
So basically, thats the reason why the decision of court So TN when you are asked a question WON the executive
matial is subject to review by the president in his capacity privilege of the president is violated where the member of
as the commander in chief of the armed forces as a system the AFP or a military officer is prohibited to appear before
of disciplining the members of the military. the committee hearing without the approval of the
president, TN, this does not apply on them.
Case: Budani vs Senga Godani? The president can prohibit them not as a chief executive
There is the implementation of the supremacy of the enjoying executive privilege but rather as the commander
civilian authority over the military. in chief of the armed forces in order to implement the
Budani was asked not to appear before the senate supremacy of the civilian authority at all times over the
committee regarding the irregularities being committed in military authority.
the last election of 2004.
He was told not to appear by the chief of staff upon the
order of the president as the commander in chief of the Case: IBP vs Zamora
armed forces. This is with reference to the employment of the military
Notwithstanding that order, he appeared before the to some shopping malls in order to maintain peace and
committee saying that he is being summoned and the order.
president, in the matter of invocation of executive privilege Why was it questioned? Primarily the role of the AFP is to
will not apply as far as he is concerned. secure territorial integrity of the country and political
He was court matialed thereafter for not heeding to the sovereignty, and not to maintain peace and order. Thats
lawful order of the chief of staff. the PNPs role.
But it was justified by SC saying that they were following
And then there was the question of the supremacy of the orders of a civilian authority.
civilian authority. WON it was correct for Budani to be
prosecuted before the court matial for not heeding to the
orders of the chief of staff, not to appear in the committee
hearing in congress.
SC said that by the vitality of the tenet of the president as
the commander in chief of the armed forces is most crucial
to the democratic way of life, to civilian supremacy over
the military and to the general stability of our
representative system of the government.
The constitution reposes final authority, control and
supervision of the AFP to the president, a civilian who is not
a member of the armed forces and whose duties as
commander in chief represent only a part of the organic
duty imposed upon the office, the functions clearly civil in
nature.
Civilian supremacy over the military also countermands
the notion that the military may bypass civilian authority
such as civil courts on matters such as conducting
warrantless searches and seizure.
The ability of the president to prevent military officers
from testifying before the congress does not turn on an
executive privilege. It has nothing to do with the executive
privilege, but on the chief executives power as the
commander in chief to control the actions and speech of
the members of the AFP.
The presidents prerogative as commander in chief are
not hampered by the same limitations as in executive
privilege. The president could as a GR require military
officers to seek presidential approval before appearing
This is with regards to the duty of the government to serve PROVISIONS IMPLEMENTING
and protect the people. What is important are the provisions implementing sec 6.
However, the government may also require civilians in the In subsequent provisions of the constitutions, we have the:
country to defend the state. 1. non establishment of religion
In order to maintain the separation between the church
PERSONAL OR CIVIL SERVICE HELP DEFEND and the state
In relation to maintaining peace and order where the people
are required to help defending the state by rendering 2. prohibition against accreditation of the church or religious
personal or civil service; sector as a party list
GENERAL PRINCIPLE TO IMPLEMENT THE PRICIPLE OF TN that these are all principles that are not self executing,
SEPARATION OF CHURCH AND STATE unless there is a law that implements the provision, you
-BENEVOLENT NEUTRALITY ACCOMMODATION OF RELIGION cannot use this as basis for judicial action.
It is not hostility with each other. The state will remain
neutral. Under the general principle of BENEVOLENT This is one of the basis of questioning the constitutionality of
NEUTRALITY ACCOMMODATION OF RELIGION, as passing the RH Bill because they are saying that it
enunciated in the case of Estrada vs Escritor. encourages abortion or the prohibition against conception
For as long as there is NO CLEAR AND PRESENT DANGER to because of the use of contraceptives.
public convenience, public health, public morale, public
safety, public policy, you should be allowed to enjoy your In case there is a conflict, although it is recognized , it is the
religion without interference from the state. duty of the state to protect the life of a child from
conception but in case there is a conflict between the
mother and the child, it is understood that the mothers life
SEC 7 will prevail.
SECTION 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national Regarding the RH Bill, its not your choice of a right to privacy,
sovereignty, territorial integrity, national interest, and the right to self-
as it has something to do with the constitutional obligation
determination.
on the part of the state to protect the child or unborn child
INDEPENDENT FOREIGN POLICY from conception.
Case: Angara vs Tanada WTA
As regards to WTO, we can enter into treaties and
agreements with other foreign countries for as long as we SEC 16 - this is self executing!
SECTION 16. The State shall protect and advance the right of the people to a
consider: balanced and healthful ecology in accord with the rhythm and harmony of
1. national sovereignty
as long as there is recriprocal and
nature.
2. territorial integrity mutual benefit based on equality, TN because with the focus climate change and protection of
3. national interest there's no violation of this section. environment, do not forget this provision.
4. right to self determination This right, although provided in art 2 is one of the provisions
they say is self executing. It is not less important as those
civil and political rights that are enumerated in the bill of
SEC 8 fright. Its a public right.
SECTION 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory
Case: Oposa vs Factoran protection of the environment
This is with regards to nuclear weapons I the territory. The courts took cognizance over the petition notwithstanding
TN that we are for freedom from nuclear weapons, not that they were filed by the minor children of Atty Oposa.
however precludes us from using the nuclear power as our The basis of the proper party requisite there in reviewing the
source of energy like in Japan. constitutional policies of DENR is on the
What is prohibited is the possession and control and INTERGENERATIONAL RESPONSIBILITY of the government to
manufacture of nuclear weapons. The test of these nuclear preserve the forest or timberland from being destroyed by
arms as well are also prohibited. certain individual in connection of the right of his children to
a balanced and healthful ecology.
But of course that will not be absolute. As long as it is
consistent with national interest, then we might get into the Case: Province of Rizal vs Executive Secretary
manufacturing because we cannot be forever be isolated This is with reference to the demand for a balanced and
from the rest of the world. Bataan Nuclear Powerplant healthful ecology where the LGU has intervened for the
But as of now, it is still prohibited. protection of the environment.
POWER TO TAX
To maintain local autonomy there is the lending them power
to tax so that they can raise revenue to become
independent at least from the national government
In fact, even if there is no law conferring upon the local
governments to raise revenue through taxes by express
provision of the constitution on local autonomy, local
governments can impose taxes.
That provision in the constitution is self executing, there is no
need of a legislative enactment. Nonetheless, there are laws
as regards to the limits of the exercise of the powers.
Is this a matter of right? It is not exclusive to congress. There is reservation made for
Case: Pamatong vs Comelec, April 30, 2004 the people to exercise the power as well.
Atty. Pamatong is a lawyer teacher of UP. He challenged his
disqualification as president because he cannot command a LEGISLATIVE POWER
national campaign for presidency. So he was disqualifies as a The power is not limited to law making:
nuisance candidate. 1. ordinary
SC said that the provision does not bestow a right to seek 2. constituent
the presidency. It does not contain a judicial, enforceable
constitutional right. It merely specifies a guideline for ORDINARY, when it is an ordinary law being passed. It is not
legislative action. only law the makes law but also people through initiative
It is not intended to compel the state to enact positive and referendum
measures that would accommodate as many as possible into CONSTITUENT is the power to propose revisions and
amendments to the constitution.
public office.
Case: Review Center Association of the Philippines vs Ermita, 1. REPRESENTATIVES FROM LEGISLATIVE DISTRICTS
April 2, 2009 They are chosen from the different districts depending on the
The president has no inherent or delegated legislative power population of each legislative district.
to amend the functions of CHED under RA 7722. So he -one representative for every 250k population
cannot add or decrease the functions of CHED. Only the -PROPORTIONAL REPRESENTATION
congress can do that. -one representative for every province, regardless of the
population
4. CREATION OF DISTRICTS
Case : Sema vs Comelec, July 16, 2008 The membership may be changed. It can be fixed by law,
Congress cannot validly delegate to ARMM (they have unlike the senate.
autonomous act to pass laws PVDD not affecting national The manner of choosing (manner of electing) the senate may
laws, and applicable only to autonomous regions) be changed by law, but not the membership (number of
This has something to do with creation of districts in the members). You need to change the constitution.
autonomous regions by consolidating the places in Cotabato
to be part of ARMM.
This effects the national affairs. To consolidate cities to be 2. REPRESENTATIVES FROM THE PARTY LIST SYSTEM
part of ARMM to create legislative districts, it results to While the law says they would comprise 20% of the total
increase in membership in congress, which is national in members of the house of reps.
character. -at least 50 = 20% of 250 members
SC said that congress cannot validly delegate to the ARMM
regional assembly, the power to create legislative districts, WHO MAY BE PARTY LIST GROUP
the power to increase the allowable membership of the Party list are the marginalized group. They represent the
house of representatives and to reapportion legislative group that is less represented in our sector of society.
districts is vested in congress.
ORGANIZATIONS DISQUALIFIED FOR ACCREDITATION
The other point is, it affects the national affairs. So the law a. religious sector
creating new legislative districts in ARMM is b. those having the support of a foreign government or
unconstitutional. organization
c. supporter of violent or illegal group
d. supported by government find
cases relating to the apportionment of legislative districts in
leyte in creation of biliran province HOW TO GET A SEAT OF THE 20%
It was the Comelec that apportioned the municipalities that Case: Banat vs Comelec
would comprise the legislative districts. How do you get the 20% allocated for the party list?
SC said no because Comelec does not have the authority. The How much percentage of the votes cast for the party list
power is vested with congress because the apportionment should be obtained to get a seat in house of reps
of legislative districts is primarily a legislative function. representing the party list?
2%
In fact there are cities that are created by law that are
considered a legislative district. No cities will be considered 2% is only a qualification to get a GUARANTEED SEAT.
as such without legislative enactment.
So basically, the creation of legislative districts is a legislative To get an additional seat, is it necessary for you to get 2%?
function. No. As long as there is available seat from the 20%, even if
you have less than 2% you can get an additional seat.
So if you have 100 party list, and you are to get 56; for the
100 organizations accredited to participate in the election of
the party list system, they should get 2% for the votes cast
of the party list.
If only 20 got 2%, then there will be 20 organizations who will
Example. You have 24 members in the house of the senate. DISCIPLINING OF MEMBERS OF CONGRESS
One of whom is in the hospital and one is on vacation If you can impeach some impeachable officers like the
abroad. president, how do you remove a member of congress before
In determination of quorum, what would be the basis of the expiration of office?
50% plus 1? 23. Certainly not by impeachment, not even by the office of
A quorum is not based on the total membership but the ombudsman.
members who may be coerced or compelled to attend the To maintain their independence, the discipline of the
session. That includes the one in the hospital because he can members of the congress is exclusive to the house
still be coerced in a stretcher. concerned.
But for one who is abroad, he will not be considered.
Because even if congress wants to and issue a warrant of VOTES
arrest, our warrant is nothing abroad because congress hs How many votes are needed to expel a member of congress?
no authority outside our territory. 2/3 votes of the members for the house concerned.
When they deliberate, how many votes are needed in GROUNDS DISORDERLY BEHAVIOR
order to pass a law? For what grounds?
Majority of the quorum. There is only one ground, unlike in impeachment where
Thats why quorum is important. It must be established at there is 6 grounds.
the beginning of the session. Only for DISORDERLY BEHAVIOR.
The definition if disorderly behavior is discretionary in
SHIFTING MAJORITY PRINCIPLE congress.
As the attendance increases, that starts with the quorum,
there is also an increased number of majority in the passing NOT SUBJECT TO REVIEW BY COURTS
of the law. Is this subject to review by the courts?
It is possible that at the start, there were 13 attending. And NO.
therefore, all that is needed to approve the law is majority
of 13. EXPT: JUDICIAL REVIEW
But in the course of the session, other members arrived Case: Osmena vs Pendaton
and we have now 20, then the majority required to approve SC said, the house of representatives is the judge of what
a legislative enactment will also increase. constitutes disorderly behavior.
This is with regards to Pendaton being censored.
DETERMINATION OF QUORUM The court will not assume jurisdiction in any case which will
The matter of determination of quorum will be based on amount to interference of judicial department with the
the internal rules of congress. They make their own rules legislature.
and regulations. Of course, when there is ABUSE OF DISCRETION
The SC cannot interfere unless there is violations of the AMOUNTING TO LACK OR IN EXCESS OF JURISDICTION in the
provisions of the constitution. discipline of members of congress, then that can be
reviewed by SC in exercise of its judicial review powers.
Case: Joker Arroyo vs de Vinecia
There was a question on WON there was a quorum at the
start of the deliberation of the bill.
He said that it was passed when there was not quorum.
Therefore there was no majority.
SC said that is up to the house concerned. They have their
own rules
PROCEDURE
One the matter of procedure, CoA can only hold session while
congress is in session.
APPOINTMENTS
Appointments could either be regular or ad interim on the
part of the president.
3. generic privilege
Benzon case has different circumstances as that of the Internal deliberations attached to intra governmental
Chartered Bank. and the documents reflecting advisory opinions,
recommendations and deliberations comprising part of
CONDUCT OF LEGISLATIVE INQUIRY PROCEDURE process which governmental decisions and policies are
One cannot be inquired into or cited for contempt. There has formulated.
to be the Rules of Procedure and that must be published.
That is also emphasized in the case of Neri vs Senate.
CABINET MEMBERS
As regards to the cabinet being sovereign before the
PCGG - legislative inquiry, they have to ask for the consent to
Can the congress compel the commissioner of PCGG despite appear to give the president the chance to invoke the
the privilege given to the office that they cannot be subject privilege.
of investigation.
Case: Secretary Gloria Arroyo Still it is the congress that will canvass and thereafter they are
She invoked immunity from suit being the secretary of the going to make a proclamation.
Department of Education.
SC said that it is not extended to the cabinet members. BTW, remember that during the election time, usually, the
This is only personal to the president. term of office of the members are already expiring except
for the 12 senators whose term of office have not already
QUALIFICATIONS expired yet.
1. natural born Is it not that they adjourn sine die? What is adjournment sine
2. resident of Philippines for 10 years immediately preceding die?
the election When they adjourn as a legislative body. Meaning, in the
3. 40 years on the days of election matter of law making.
4. citizen before assuming office Elections are held every 2nd Sunday of May. Before an
election is made, they adjourn sine die. This is without
TERM prejudice to continuing their session not as a legislative body
PRESIDENT but as to perform other functions vested in them or
6 years conferred upon them by the constitution such as the
Unless OW provided by law canvassing of votes for president and VP.
This is a function that they can be compelled to stay in
Term begins at noon of Jun 30 following the election. session and attending and performing the function
notwithstanding that they have already adjourned insofar as
When we say, unless OW provided by law, can his term of being a legislative body.
office be extended? So they adjourn as a legislative body insofar as lawmaking
No. It refers to the commencement of his term of office. It but not insofar as performing functions that are required of
could be other than June 30 following the day of election. them by the constitution such as acting as the board of
canvassers.
VICE PRESIDENT
6 years but in no case for 2 successive terms. PROCLAMATION
So he can serve for more than 12 years as long as it is not Then they have to vote. To proclaim, they have to have
successive. majority votes in a joint session voting separately.
INITIATIVE OF MAJORITY OF CABINET MEMBERS 5. cannot appoint spouse of president and relatives within the
This can be protested by the president. And the moment the fourth civil degree either by consanguinity or by affinity to be
president contradicts that, then he can reassume the the head of the Constitutional Commission or the
functions of the president. commissioner of COA, Civil Service or Comelec
Then the cabinet again can go back to congress and tell then
that indeed the president is in temporary disability. 6. cannot appoint the spouse to be the ombudsman or
The second time that they will do that, then congress has to secretary of any of the department under the executive
decide. branch or undersecretary or chairman of bureaus or offices
And the matter of declaring temporary disability is including GOCCs and their subsidiary
discretionary of congress. Not even the SC can interfere.
NO PROHIBITION ON THE APPOINTMENT OF SPOUSE
Case: Estrada vs Disierto Can the spouse be appointed as chief justice of SC or to be an
The question whether there is temporary disability of Estrada ambassador or consul?
is a political question beyond SCs power of review. Yes. There is no prohibition.
The decision that President Arroyo is a de jure president,
made by a co-equal branch of government cannot be If the spouse is already in office before he was elected as
reviewed by the SC because that is discretionary of the SC. president, can she continue?
Yes. What is prohibited is the appointment or the
DECALARTION OF TEMPORARY DISABILITY reappointment of that spouse or relative to those positions I
In relation to this, you have also the requirement that while have enumerated within or during his tenure.
the president is ill, it has to be declared and the public has to
be informed about it.
What are the different kinds of appointments? c. regular members of the judicial and bar council
1. heads of executive departments d. sectoral representative in congress before the party list
system
2. ambassadors and public ministers and consuls
5. judges of the judiciary
3. officers of AFP -but the president cannot remove them.
-excluding those that are no longer part of AFP: -to maintain independence of SC, only SC can remove
a. PNP judges
b. Philippine Coast Guard
6. all other officers whose appointments are not provided by
4. other officers whose appointment is vested in him by the law and those who may be authorized by law to appoint
constitution like: -if there is no law providing who the appointing authority,
a. chairman and commissioners of it is understood that the president makes the president
1. Civil Service because the appointing power by its nature is executive.
2. Comelec -or those laws that specifically provide that they are subject
3. COA to the appointment of the president.
b. ombudsman and his deputies -because there are certain appointments that are not made
-controversy: by the president, like:
-4 deputy ombudsman: a. personnel in congress
1. Luzon b. staff and employees in judiciary
2. Visayas -only the judges and up are appointed by the president
3. Mindanao
4. Military
-it is only under this administration that they went into
the matter of removing them or investigation them.
You also include the special prosecutor who is being
placed under preventive suspension. The deputy
ombudsman for the military has already been
dismissed from service.
-the ombudsman, while he is appointed by the
president, cannot be removed by the president. He is
only removable by impeachment.
-the law however is very clear as to who are the
impeachable officials: those who are not included in
the list are excluded. Therefore, that excludes the
deputy ombudsman.
-who can discipline them? From the previous
understanding, they can only be disciplined by the
office of the ombudsman to maintain the
independence of ombudsman. They have this
committee that investigates deputy ombudsman who
has been charged administratively.
-it is only under this administration where the
president has conducted investigation, and we already
have and example of Gonzales having been dismissed
from the service in relation to that incident that had
happened in Luneta, where there was the holding
hostage of some Chinese tourists in the country. We
also have the preventive suspension of the special
prosecutor, who has the same rank of the deputy
ombudsman.
Case: Estrada If in fact there is a pending bill repealing the death penalty,
What was granted to Estrada was not amnesty. It was what will be the effect?
pardon. Thats why he had to withdraw his motion for It will be applied retroactively because it is beneficial to the
reconsideration to make the judgment final and executory accused. His penalty will be commuted from death to life
to qualify him to pardon. imprisonment.
2. JUDICIAL REVIEW
OTOH, on judicial review, as a GR, laws passed by congress
and policies made by the executive branch cannot be
reviewed by the courts because it might violate the
separation of power.
So on issues of policies and wisdom, TN, that should be
answered by the people on their sovereign capacity which
capacity has been delegated the full discretionary power to
the president who makes the policies or to congress who
makes the rules.
So as a GR, it should not be interfered with OW there may be
a violation of the separation of powers.
Its only when this discretion is abused amounting to lack or
in excess of jurisdiction that the courts may look into in
order to comply with its mandate under the constitution to
make sure that whatever laws that may be passed or
policies of the government may formulate, must be in
accordance of law.
REQUISITES OF JUDICIAL REVIEW IOW there is still a possibility that this may crop up again in
The courts must make sure that the requisites of a judicial the future. At least there is specific guidelines to judges,
review must be present. lawyers and public on how to deal with it. In which case,
1. actual case or controversy even if the issue has become moot and academic, the court
2. raised by the proper party may still entertain the question of constitutionality in order
3. raised at the earliest opportunity of time to:
4. lis mota of the case (the main case cannot be decided 1. provide for guidelines
without resolving the issue on constitutionality) 2. educate the bench and the bar
CANNOT BE REDUCED
Can they be increased or reduced? Can SC be divested of its
appellate jurisdiction?
NO. It is part of the guaranty of his independence.
EXCEPTIONS
What is important in sec 14 are the exceptions. Insofar the SC
dismissing a petition for review or certiorari by the mere
statement for lack of merit, the decision is dismissed. Does
this violate section 14?
TN of the following cases:
Case: Comacho vs CA
Case: German Machineries Inc. vs Indaya
Case: Solid Homes vs Lacerna
How about a pre legal officer? Is that primarily In SUSPENSION, is he titled to the payment of backwages
confidential? when he is illegally dismissed?
YES. Case: Castillo vs CSC
When the employee is illegally dismissed and his
How about a Casino Operations Manager? reinstatement is through order of the court, for all intents
Not confidential. and purposes, he is considered as not having left his office,
notwithstanding the silence of his decision, he is entitled the
payment of backwages.
REMOVAL OF TEMPORARY EMPLOYEE
Can you remove a temporary employee anytime? Case: BOTC vs Cruz
YES. With or without cause. SC follows as precedent that BOTC did not effect Cruzs
But for those who enjoy security of tenure, they can only termination with bad faith. And consequently, no back
be removed for just or legal cause provided by law. wages can be awarded in his favor.
But if your appointment is temporary, there is no such
expectations because they do not enjoy security of tenure. So only when there is a finding of abuse of discretion or
bad faith on the part of the authority that he be entitled to
the payment of backwages.
NEXT IN RANK RULE
The appointing authority is not bound by the next in rank If the public official is ALREADY RETIRED, is he entitled to
rule. Still he is given a wide latitude in the choice of backwages and his retirement benefits?
appointee. Case: David vs Ganas
SC said, the CS officer has been found illegally dismissed or
KINDS OF POSITIONS suspended is entitled to be reinstated and to backwages and
There are positions like other monetary benefits from the time of his illegal dismissal
1. competitive positions or suspension and up to his reinstatement.
2. non competitive positions And if at the time the decision of exoneration is
a. policy determining promulgated, he is already of retirement age, he shall be
b. confidential entitled nit only to back wages but also to full retirement
c. highly technical benefits.
TERMINATION OF SERVICE WITH THE GOVERNMENT ISSUANCE OF WRITS IN AID OF ITS APPELLATE JURISDICTION
You have the Law on Public Officers. As part of its quasi judicial function, COMELEC can issue
1. Certiorari
Case: Estrada vs Disierto 2. Prohibition
As regards the form of resignation, it is not required that it is 3. Mandamus
formal. But for purposes of avoiding any liability, the But only in aid of its appellate jurisdiction
resignation has to accepted by the appointing authority.
CONTEMPT POWERS IN ADMINISTRATIVE AND QUASI
POWERS EXERCISED JUDICIAL FUNCTIONS
CSC exercises administrative function. But it also exercises Do they exercise contempt powers?
quasi legislative and quasi judicial functions subject to Yes. But only in exercise of administrative functions.
review by the SC, however it must pass through the
intermediate review. Case: Bidol vs Comelec, Dec 3, 2009
Bidol said he lost the election returns in the Maguindanao
APPEAL BY CSC TO SC elections. Zubirri was elected as senator as a result.
Can CS appeal the decisions of CA? Can it be an appellant of a Bdol was cited for contempt because he did not appear
CS case? Like for example, in case of Dacoycoy where CSC anymore and did not bring the other election paraphernalia.
rendered a decision against a CS employee and he was He then appealed the contempt order to the SC saying that
dismissed from employment because of nepotism. Of course the order was issued by the Comelec in the exercise of its
the employee appealed eh decision of the CSC to CA. Then administrative function and therefore, the Comelec has no
CA reversed the CSC. Can CSC can appeal the decision of CA authority to cite him for contempt. It was not in the exercise
to SC? of its quasi judicial function.
Yes. Because in that case the CSC was the aggrieved party.
Appeal now lies from a decision exonerating CS employee of Let me clarify. On the Commission of Human Rights, as you
administrative charges. can recall, it has no contempt power neither the power to
issue restraining powers because it is merely an
MAY ISSUE WRITS investigating body except when it is exercising
Can CS issue a writ of execution in order to implement its administrative function.
own judgment? Insofar as the Comelec OTOH, the contempt power is
YES. It is part of its quasi judicial function. execised by the Comelec is the exercise of its quasi judicial
function, not administrative.
These are exclusive grounds. You cannot have adultery as 4. forward to house of senate as the tribunal
grounds. The house of senate will act as the tribunal.
Who will be the presiding officer?
Now the question of plagiarism because it is now being the The president of the senate.
subject of impeachment against the Justice of SC. The Except if it involved the president, it will be the chief
ground is betrayal of public trust. This will be creating a justice of SC
conflict between the congress and SC because the congress
has already exonerated the justice of SC. 5. voting
How many votes are needed to convict or remove an
official?
2/3 votes of the members of the house of senate.
3. preventive suspension
-Ombudsman has the power to suspend an erring public
officer suspensive
-period: not exceeding 6 months
ACQUISITION OF PRIVATE LANDS But in this case, the classification is not a pubic domain. There
Who can acquire? was a title that was issued. It was acquired by LGU in its
Filipino citizens, either natural or qualified Filipino private capacity (proprietary). It can be sold even without
Corporation. the consent of congress.
Who can lease? Reclaimed lands have maintained their inherent potential as
Filipino citizens and foreigners. areas for public use or service. The ownership of lands
reclaimed from foreshore areas is rooted in the regalia
What are the instance when a foreigner may acquire public doctrine which declares that all lands and waters of the
lands? public domain belong to the state.
a. former natural born citizens
-5000 sq meters But notwithstanding the conversion of reclaimed lands to
b. hereditary intestate succession alienable lands of the public domain, they may not be sold
-no limit on intestate succession if he is a compulsory to private corporations which can only lease the same.
heir The state can only sell alienable public lands to Filipino
citizens.
PATRIMINIAL PROPERTY The court clarified that the public land merely requires
Freedom Islands are inalienable lands of public domain. possession since June 12, 1945 and does not require that the
Government owned lands, as long as they are patrimonial land should have been alienable and disposable in the entire
property can be sold to private parties who are Filipino period of possession.
citizens or qualified private corporation. The possessor is not entitled to secure judicial confirmation
of title as soon as the land is declared alienable and
So there is a difference; owned as a public domain alienable disposable.
with the consent of congress. But if patrimonial, no need for This is however subject to Dec 31, 2020 deadline.
consent of congress.
So if you are squatting a land owned by the government, all
Now they are claiming that SRP is part of public domain. you need to prove is that you have been occupying the land
Should there be a sale, it has to be with the approval of since June 12 1845, even if it has been recently declared
congress, and it has to be done at public auction. only as disposable or alienable. The 30 year period shall be
But the LGU maintains that it is a patrimonial property, and reckoned from June 12, 1945.
therefore it can be acquired by qualified private corporation. And you have until Dec 31, 2020 to apply for the registration
There is no bidding required because it is a private property of title over these property.
insofar as Cebu City Government is concerned.
CA ruled sustaining the trial court that it can be acquired by ALIENABLE OR DIPOSABLE
a corporation. Case: Sacay vs DENR
They applied for registration of title over these titles.
Boracay Island is owned by the state, except for the land
ACQUISITION BY PRESCRIPTION areas with existing titles.
Case: Malabanan vs Republic of the Philippines, April 29, The continued possession and considerable possession of
2009 (!!!) prior claimants do not automatically give them a vested
This is with reference to the acquisition of the property by right in Boracay, nor does this give them a right to apply a
prescription. They are saying that they are applying for title the land they are presently occupying.
registration of title because they have been occupying the The present lands traces its roots to the regalia doctrine.
property since time immemorial. Because they are not timber lands and therefore they are no
The issue is whether it can be applied for by an individual for longer lands of public domain.
title. SC said, except for lands already covered by existing titles, SC
SC said, public domain lands become patrimonial or private said that Boracay was unclassified lands of public domain
property of the government only upon declaration that prior to Proclamation 1006 which classified Boracay as 400
these are alienable or disposable lands together with hectares of reserved forest lands and 628.96 hectares of
express government manifestation that the property is agricultural lands.
already patrimonial or no longer retained for public service Such unclassified lands are considered public forests under
or the development of national wealth. PD 705. Forest lands do not necessarily refer to large tracks
Only when the property has become patrimonial can the of wooded lands or expanses covered by dense trees and
prescriptive period for the acquisition of the property of under brushes.
public property domain begin to run. For as long as it is not reclassified, it is still forest lands, not
subject to alienation. It cannot be acquired even if you have
lived there for a thousand years.
The agricultural lands of public domain may further be EXCEPTION TO LANDS AS PART OF REGALIAN DOCTRINE
classified by law according to the uses which they may be Ancestral lands are exluded from the regalia doctrine.
devoted. This further classification of agricultural lands may
be referred to as SECONDARY CLASSIFICATION.
Congress under existing laws, granted authority to a member Case: Cruz vs Secretary of DENR
of the government agency to effect the secondary If categorically declared ancestral lands and domain held by
classification of agricultural lands to: native title as never to have been pubic lands. Domains and
1. residential lands under native title are therefore indisputably presumed
2. commercial to have never been public lands and are private.
3. industrial The right of ownership granted to indigenous people over
4. other urban uses their ancestral domains does not cover the natural
resources.
So you have RA 7160 granting such authority. The right granted to IP to negotiate the terms and conditions
over the natural resources covers only their exploration to
ensure ecological and environmental protection.
RECLAMATION OF LANDS
In that case relating to WON reclaiming corporation can be Case: Carino vs Insular Government
paid by lands. The existence of native title to land by Filipinos by virtue of
Diba kung reclaimed, pubic domain, only individual citizens possession under claim of ownership since time immemorial
can acquire the land. is an exception to the theory of res regalia.
If you pay land to the corporation that reclaimed it, is that
allowed? And in recognition to that, you have the case of:
Case: Chavez vs NHA (patrimonial property) Case: Alcantara vs DENR, July 31, 2008
It was allowed because the land was not considered a On the matter of ancestral domain.
public domain but a patrimonial property of the SC has revoked the permit to logging concessions that were
government. And therefore it can be acquired by the covered by the ancestral domain in recognition of the right
corporation. of the indigenous people to the ancestral domain.
SC said that NHA is a government agency. Its function is to SC said, a mere license or privilege granted by the state to the
distribute lands. It is not exercising public functions. petitioner for the use or exploration of natural resources to
NHA is a government agency not tasked to dispose of public lands over which the state has sovereign ownership
public lands under its charter. The Revised Administrative over the regalian doctrine, like timber or mining licenses on
Code of 1987, the NHA is an end user agency authorized by forest land and grazing lease agreement is a mere permit
law to administer and dispose of reclaimed lands. which by executive action can be removed, rescinded,
The moment titles over reclaimed lands based on the cancelled or modified whenever public welfare or public
special patents or transferred to the NHA by the registry of interest so requires.
deeds, they are automatically converted to a patrimonial The determination of what is in the pubic interest is
property of the state which can be sold to Filipino citizen necessarily vested in the state as owners of countrys
and private corporations, 60% of which are owned by natural resources. Thus, a privilege or license is not in a
Filipinos. nature of a contract that enjoys protection.
The reason is obvious. If the reclaimed land is not In this case, such privilege or license is not even a property or
converted to patrimonial lands, was transferred, then it property right, nor does it create a vested right.
would be useless to transfer it to NHA because you cannot
legally transfer any lands of public domain.
How about private individuals and citizens of the country? Case: Republic vs Reservoir Mining and Development
Can they explore the natural resources by themselves? Corporation
NO. Sec 2, art 12 of the 1987 constitution does not apply
Except when they enter into: retroactively to a license concession or lease granted by the
1. joint venture government under the 1973 constitution or before the
2. co production effectivity of 1987 constitution.
3. production sharing
They may be citizens who are natural or juridical persons. So if the concession still is existing even beyond the 987
constitution, then it is still valid. This is on NON
How about foreign corporations? Can they enter into such IMPAIRMENT CLAUSE.
agreements?
NO. they can only enter into SERVICE CONTRACT. They are
only to provide: PROHIBITION OF FOREIGNERS ACQUIRING LANDS
1. technical They can acquire only condominiums because the prohibition
2. financial assistance covers only acquisition of lands.
Case: UP et al vs CSC
They cannot be told about the choice of professor; if they
are going to promote a professor who has gone AWOL.
AWOL is a ground for dismissal of government service
and UP is under CSC. The other professors complained. CSC
dismissed him from service.
SC sustained UP. From the standpoint of the educational
institution and members of the academe, the SC sustained
the primacy of academic freedom over CS rules on AWOL
stressing, when UP opted to promote him despite his
absence, it is exercising his freedom to chose who may
teach and continue to teach its battlefield.
Case: La salle
After teaching in la sale as probi, he was dismissed.
SC said sec 5 par 2 of art 14 of constitution guaranties
institution of higher learning academic freedom.
Institutional academic freedom includes the right of the
school or college to decide for itself its aims and objectives
on how to attain them, free from outside coercion and
interference.
Can you change then name of the country by ordinary Who can propose revision?
legislation, national anthem and national seal? 1. Congress
YES. Subject to ratification in a referendum (not plebiscite). 2. Constitutional convention
(people cant)
SOVEREIGNTY OF THE STATE
-discussed Change of the system of government, is that an amendment
or revision?
ARMED FORCED OF THE PHILIPPINES REVISION. (Lambino vs Comelec)
It is a citizen armed force. That is one of the manifestation of
the supremacy of the civilian authority. CONSTITUTENT POWER
If it is congress exercising the power, we call it CONSTITUENT
The chief of staff has a limited term of 3 years unless it is POWER.
extended by president when there is a national emergency How is it different from legislative power?
declared by congress. So there has to be a national
emergency. Of course you have number of votes, for congress
proposing, 2/3 to call for a concon, majority to submit it to
Is PNP under AFP? people.
NO. It is discretionary BTW to congress.
EFFECTIVITY
When does the change take effect?
Upon the ratification by the people.