Article I HRET decides wn party list is qualified

AW COMELEC if organization
TS: 12 nami- innocent passage - HRET jurisdiction: proclaimed, oath, assumed
CZ: 24 nami limited control - Independent: disloyalty to party and breach of
EEZ 200nami control economic resources discipline are INVALID grounds to expel from party
CS: 200-350nami - Ballots are conclusive evidence
ECS 18 – COA = PS 12 sen 12 mem
21 – inquiry in aid of legislation
Magallona v. Ermita - Guidelines should be based on information not
- Demarcation tool only; land is not reduced but is based on who the person is (Senate v. Ermita)
even increased - IF affecting ties w other country (De la paz v
PCA Senate)
- Submerged during high tide = EEZ and CS of PH so - Prevent fraud (Standard v. Senate)
china not entitled - Gather info, legislate wisely, determine need to
- Above high tide – china can 12nami TS improve laws (Romero v. Estrada)
Article II *23 – calling out powers in times of war or national
2 – pacta sunt servanda (Tanada v. Angara) emergency
- Lim v. Exe Sec: Treaty > Municipal law *24 – Types of bills: PAIR-B
12 - family *25 – appropriations
14 - women - Must actually be savings Demetria v. alba
16 – balanced and healthful ecology - Public purpose (Pascual v. Sec of pub works)
19 – national economy 26 – 1 subject title – general subject germane
26 – run for public office (Pamatong – if same rule applies 27 – veto power: bill  law
to all it isn’t unfair) 28 – taxation
28 – Privileged Communication 29 – treasury
- DAP there were no additional funds from treasury;
Article VI funds were realigned via dap (Araullo v. Aquino)
1 – leg power in Congress: Senate and HR 32 – initative and referendum
- Delegation to execute (rubi v. Prov board) - Amendment proposal requires law (Defensor
- Sufficient standards and completeness test (Disini Santiago v. COMELEC)
v. SOJ) - Make proposal, sign, full text on face or attached
- Delegate power to make positions (Viola v. to petition (Lambino)
Alunan) Article VII
- Standards: Public interest, justice and equity, 1 – Exec power President
public convenience and welfare, simplicity, - Preserve and defend the CONST
economy (Abakada v. Purisima) - Ensure faithful execution of laws (Marcos)
- Reorganization (Pichay v. Sec) - Right to prohibit entry to country (Djumantan v.
- “and for such other purposes” too vague not Domingo)
allowed (Beligca v. ochoa) - Immunity from prosecution OMB (Pontejos v.
*3 – Senator: 35NLRR2 OMB)
5 – HR: 250 members, 20% of total, 3 consec terms, 1/3 for - Reorganization (Banda v. Ermita)
party list rep, contiguous territory - Can’t convey property (Laurel v. Garcia)
Atong Paglaum - Can’t amend functions when there is no law
- only sectoral required to rep. marginalized (Review center v. Ermita)
- Major pol parties can - Ad hoc task force allowed to guide president’s
- Nominee = bonafide w track record duties (Biraogo v. Truth commission)
- NRS parties disqualified members wont affect - Privileged are (CMIND) Senate v. Ermita
parties if there’s 1 nominee qualified o Conversations between pres and official
*6 – HR: 25NLRR1 o Military matters
11 – if less than 6 years privileged from arrest o Information between intergovernment
16 – SP and SH; quorum; disorderly behavior; suspension agencies
6days max; journal; can’t adjourn more than 3 days o Discussion in close door cabinet meetings
without consent o National security and public order
- Majority of HOUSE - Informer’s privilege (Akbayan)
- Penalty suspension is different from Preventive - Immunity for official acts so can do job without
- Journal > enrolled bill fear of liability (Clinton)
- Approval of congress is essential *2 – 40NLRR10
- Journals and records are proof of enactment - Poe – foundlings are NBC
Enrolled bill prevails except: 3 – VP same qualifications
1) Year and day of final reading - Can be Member of Cabinet without confirmation
2) Veto message of president from coa
3) Yeas and nays of passing of bill vetoed - 2 exceptions for multiple offices: VP as Cabinet
17 – ET and Ex officio
*4 – P and VP - For GOCCs it requires statute
- 6 years, direct vote, June 30 noon, end same *18 – Military powers
- Can’t reelect if 4+ years and 2 successive terms - Call out AFP
- Voluntary NOT interruption o Whenever necessary
- Reg election 2nd Monday May o Lawless violence, Invasion, rebellion
- SP 30 days after election - Suspend priv of writ of HC
- Congress canvass votes o Allowed only with sphere allotted by basic
o End of it doesn’t affect non-leg functions law (Lansang v. Garcia)
(Pimentel v. joint com) o – must be actual invasion or rebellion
- Non-leg functions (ACID) - Martial law (JMM)
o Appropriation o – must be actual invasion or rebellion
o Declaration state of war o Jurisdiction under military law – peace
o Canvassing and war
o Impeachment o Military govt – time of foreign war
- Tie = maj. vote of all without boundaries of US, or in time of
- SC sole judge ERQ rebellion and civil war
- Election contest only after election (Tecson v. Lim) o Martial law proper – invasion and
5 – Oath insurrection within US limits, or during
6 – Official residence and no diminution of salaries rebellion within the limits of stages
7 – P  VP  SP  SH maintaining adhesion when public safety
8 – DPRR requires it (Ampatuan v. DILG)
9 – VP vacancy – nominate from members *19 – executive clemency
11 – reassume if no inability unless congress convenes Pardon – private act by chief exempts from punishment
within 48 hours - After conviction only
12 – inform public serious illness - Relieves offender
*13 – can’t hold other office unless ex officio (Rafael v. - Absolute – complete without acceptance 
Embroidery) restores political rights (Risos vidal v. COMELEC)
- De facto valid - Conditional – no force until accepted by
- Cannot directly or indirectly participate condemned
14 – appointments valid 90 days until revoked Amnesty
15 – 2 months before pres elections til end of term – before or after conviction/filing and concurrence of
Pres/Acting can’t appoint EXCEPT temporary for public congress
safety - Public act
- Doesn’t apply to judiciary (De castro v. JBC) - Abolishes offense (People v. Casido)
*16 – HAPCOCNO w/ Consent COA 20 – foreign loans
- Heads of exec, ambassadors, public ministers, *21 – treaty requires 2/3 concurrence
consuls, officers of armed forces colonel or naval - Can’t EA if statute prior prohibits (Gonzales v.
captain, and other officers in const hechanova)
- Other officers not in law - Exec dep can determine WN to espouse claims
- Authorized by law against other country (Vinuya v. Romulo)
- Lower in rank in President (Sarmiento v. Mison) 22 – BUDGET: 30 days from regular session
- Can appoint during recess Article VIII
- Elements for valid appointment: (ARTEV) 1 – SC and lower courts; Settle actual controversies
o Authority and GADALEJ
o Receipt of appointment paper - Determine what the law is, legal rights, determine
o Transmittal of AP questions (Santiago v. Bautista)
o Evidence of transmittal - Powers to adjudicate causes and things reasonably
o Vacant position necessary for justice (Radiowealth v. Agregado)
- Kinds: - Preserve its honor (in re laureta) and dignity
o Ad interim (Borromeo)
 Upon acceptance - Can postpone execution but not determine WN it
 Extended in RECESS can be done (Echagaray v. SOJ)
 COA confirmation - Fact finding through receiving evidence and
 Permanent ascertaining facts is NOT judicial (Pichay)
o Acting - Should NOT give opinions (Director or prisons v.
 Extended ANYTIME Ang chio kio)
 No need COA - Concurrent jurisdiction gives no unrestricted
 Temporary filing freedom of choice of forum
*17 – Power of control and general supervision - Hierarchy of courts
- Exec sec is P’s auxie so he can also have power of - Issuance of extraordinary writs  RTC, those
control against  CA
- Doctrine of Pol agency – heads can perform - Declaratory relief – rights of parties without
functions of chief ordering anything done/damages; filed by those
 whose rights are affected by law must notify Sol
Gen
2 – defined, prescribe, apportion, but cant deprive
SC
4 – Vacancy in SC – 90 days
- 1 CJ 14 AJ – en banc division of 3,5,7
- constitutionality – en banc  concurrence of maj
who ACTUALLY TOOK PART and voted
*5 – Powers of SC
- judicial powers and auxiliary administrative
powers
Judicial review – power to declare law unconstitutional
Requisites (Macasiano v. NHA) ARIEL
- actual controversy
- ripe for adjudication
- legal Interest
- Earliest opportunity
- Lis mota
Courts will decide cases if (David v. Arroyo): GPFR
- Grave violation of const
- Paramount public interest
- Formulation of controlling principles
- Capable of Repetition
- Taxpayers can file and question constitutionality of
tax statues (Pascual v. Sec Pub works)
- Must show entitlement to judicial protection
(Tondo v. CA)
Constitutional question (Anak Mindanao v. Exec Sec) PRF
- Personally suffered A/T injury
- Fairly traceable injury
- Redressed by favorable action
Operative fact – until statute is declared unconst, it is valid
and operative (De Agbayani v. PNB)
Not diminish, increase, or modify substantive rights (PNB v.
Asuncion)
6 – admin supervision of inferior courts
*7 – Qualifications of members of Judiciary (40NJL15CIPI)
Lower courts: NMQCIPI
*8 – JBC = CSCIPRP
chief justice ex officio chairman
SOJ and rep of Congress ex officio members
Rep of Integrated bar
Professor of law
Retired SC member
Rep of Private sector
Regular:
- Pres appointed, 4 years, consent COA (RPPR =
4321), SC determine emoluments
Clerk
- Sec ex officio, keep record
- Council principal function to recommend
appointees
11 – sec of tenure (Good behavior, 70yo, incapacitated, SC
en banc can discipline and dismiss by maj vote of who
took part)
15 decision making period: 24mo SC, 12mo CC, 2mo LC
16 – report to Pres 30 days from regular session
Article IXA
1 – CSC, COMELEC, COA
2 *– can’t hold any other office (Like Art VII S13)
COA’s Quasi-judicial power: Reviewable by court
Quasi – legislative : NOT
4 – appoint in accordance to Civil Service Law
*6 – promulgate own rules en banc but NOT diminish
substantive rights (Like art. 8 S5)
Commission rules > Rules of court IF before commission
(and v.versa)
*7 – decision
- majority vote, draft signed and promulgated
- Gr: SC can review certiorari final orders of comelec
EN BANC
- Exception: Electoral contests to: 3P2N (Diocese of
Bacolod v. comelec)
o Prevent miscarriage of justice
o Principle of social justice
o Protection of labor
o Nullity
o Need for relief extremely urgent
Article IXB – CSC
*1
- 1 Chairman, 2 commissioners
- 35NPL
- appointed by president with COA consent 7 years
without reappointment
- 1st – 7, 1C – 5, 2C – 3
*2
- GOCC with charter by special law governed by
CSlaw
- GOCC without and under Corporation law is NOT
- Competitive unless expressly stated as non
competitive
- Non-competitive: policy determining, primarily
confidential, and highly technical
- Confidential: close intimate relationship 
personal trust
- Next in rank rule not mandatory: discretion
- Temporary appointments can be taken whenever
- Abolition isn’t removal if done in good faith
3 **– CSC as central personnel agency of the
government and can promulgate policies, classify
positions, and prescribe conditions except with
regards to compensation
4 – OATH
5 Standardize compensation
6 Lame duck to eradicate spoil system
7 **Elective officials cant accept other appointment
and appointive officers cant hold other office
Exception:
- VP as cabinet
- Congress as JBC
8 – cannot additional or double compensation
Additional – same office but with bonus
Double – 2 sets for 2 different offices
Article IXC – COMELEC
*1 – 7 years without reappointment; Qualifications:
35NCLM10
- president appoints
- COA consent
- Cannot be temporary
 2 **– quasi judicial and q.leg; JUDICIAL ONLY in
ERQ of elec contests
Exclusive original – ERQ
Appellate – elective municipal officials involving barangay
officials
Can decide admin cases except right to vote before and
after proclamation
- need to register to ascertain identity of the party
and its officers
- duty to make free orderly honest peaceful
elections
3 –** majority vote for decisions
MR – en banc
Enbanc required of subject is resolution of substantive
issues
Election cases – division
5 – **Pres cannot pardon:
a. Impeachment cases
b. those not yet final conviction
c. violation of election laws with no
favorable recommendation from
comelec
7 – votes invalid if not registered
Block voting not allowed EXCEPT if registered under party
list system
8 – poll watchers
cannot be represented:
- voters reg boards
- boards of election inspectors
- board of canvassers
- other similar bodies
9 – Election period: 90 before, 30 after
10 bona fide candidates free from harassment and
discrimination
Article IXD – COA
*1 – 35NCLM10
- appointed by president
- COA consent 7 years without reappointment
- Chairman 7, 1C – 5, 2C – 3
- Vacancy only for unexpired portion
- Function: examine accuracy of records of the
government and determine WN expenditures
conformed with the law, and if not, take corrective
actions
- Post audit in:
o Constitutional bodies with fiscal
autonomy
o Autonomous state colleges and univ
o GOCCS and subsidiaries
o Non govt entities with subsidy and equity
- If fixed debt alone: Auditor general can claim!
- If amount of unfixed debt also: AG can’t
3 – cannot exempt
4 – annual report of financial condition and govt
operation; recommend measures to improve
effectiveness and efficiency, other reports
Article X
*1 – PCMB, autonomous regions MM and Cordilleras
- constitutional amendment needed if add AR
*2 – local autonomy
- favor local autonomy
- Free from control by legislature
- Cant pass ordinance contrary to statute
Decentralization of administration – central govt delegates
admin powers to ensure fullest development od
communities
Decentralization of power – abdication in favor of LGUs
declared autonomous
*3– LGC
- initiative and referendum
Recall – removal of public officer by people before end of
term
- People have right to decide WN to initiate recall
*4– President and LG
Province of NegO v. COA
General supervision – see if functions done according to
law, power to investigate and remove
- LGU not under PRES
P.of Control – alter or set aside subordinate officer’s actions
- pres can revise
- exec dep and bureaus
*cant enact ordinances against law
*SOJ can only ensure its according to law
5 – own sources
state – liberal interpretation
Taxpayer – strictly construed
*must show actual engagement to impose certain tax
6 – share in national taxes (LGC criteria)
- power to create own sources + equitable share in
national taxes
- LGU’s not required to perform to receive just share
*7– Equitable share
Fund sources (LOSS):
- Local taxes, fees, charges
- Share in national taxes
- Share in proceeds
- Other sources
8– Term of local officials (except barangay officials)
- to protect political dynasties and enhance freedom of
choice
- 3 years, cant 3 consec terms
- involuntary? (ex. Ousted)  can run again! (Adormeo v.
COMELEC)
- Socrates v. COMELEC
- Cannot seek immediate reelection
- Recall election is not immediate
- Intervening period is an involuntary interruption
- Suspension is still counted
If becomes city, still deemed to have served because
- Same land, same inhabitants, same voters (Laceda
v. Lumena)
Losing right through preventive suspension, 3 term limit
isn’t applicable = interruption (Aldovino v. COMELEC)
only congress can extend by making new term (Datu Kida v.
Senate)
10– creation, division of boundaries  LGC, maj vote in
plebiscite
- plebiscite for the areas aaffected
- must comply with Code’s requirements
- Sec 461 of lGC: no need for land requirement if population
requirement is complied with. (Navarro v. Ermita)
11 – Metropolitan political subdivision
mmda = enforce ordinances
15 – autonomous regions for flourish culture and solution
to conflicts of regional diversity
- granting basic internal government powers
16 – General supervision of pres in AR
- DILG secretary mere supervision (Ampatuan v.
DILG)
18-19
- Pleb not required in mergin admin regions
- Congress can create proviinces and cities; ARMM
cannot enact law for national office because they
can operate only within territorial jurisdiction
(Sema v. COMELEC)
20 – legislative power
Article XI
1 - Filing in const and omb act
- Dismissal (1) serious (2) direct relation w duties (3)
amounts to misadministration (Almario v. Resus)
- Received but cant explain can also be for
malversation
2 – impeachment
Impeachable: POMM-V
Grounds
- Graft and corruption
- Betrayal of public trust
- Treason
- Bribery
- Culpable violation of constitution
- Other high crimes
3– Procedure and penalty
- HR initiates
- Can’t disbar or make liable if penalty is removal (In
re Gonzales)
- Initiate = filing and referral (Francisco v. HRET)
- If referred at same time, doesn’t violate one year
bar (Gutierrez v. House)
4 – SB
- can also be for other crimes in relation to
office(Lecaros v. SB)
- Exclusive j: Prision correctional+ P6k+ fine
- Nature of responsibility is the determinant
5&6 – OMB
Office = OMB/Tanodbayan, 1 overall deputy, at least 1
deputy for LVM, sep deputy for military (All appointed by
OMB accdg to CS law)
- OMB can dismiss without investigation if without
merit
7– tanodbayan = SP
- Tanodbayan is not OMB so he cant PI unless OMB allows
(Zaldivar v. SB)
- private individuals under SB iff co-principal, accomplice, or
accessory of public officer (Macalinao v. SB)
- SP cant PS because only OMB can under S24 RA6770
- filing of info also OMB only
8-11: 40NPIML
9 – 6 nominees by JBC, 3 nominees per vacancy, No
confirmation needed
10 no diminution
11 years without reappointment
12 Act on complaints
- Required to act promptly to any Complaints fiiled
in Any form or manner against officials (Almonte
v. Vasquez)
- Reinvestigation allowed to assure guilty aren’t
unpunished
- OMB’s discretion wn to dismiss a case and SC cant
review that
- Concurrent jurisdiction
- OMB: admin liability is mandatory
13 – powers of OMB: IR4D2P (check codal)
- concurrent jurisdiction with PCGG if
o ill gotten wealth, of marcos, relatives and
subordinates who took advantage of
public office
- Recommendatory: punishment suspension NOT
the preventive (buenaseda v. flavier)
- PS can be decreed before hearing
- OMB has exclusive jurisdiction when in relation to
office and prision correctional or higher penalty
- SC doesn’t interfere except for protection of
constitutional right, orderly administration of
justice, etc (enumerated in presidential v.
desierto)
Article XII
1 – general economic policy (EIII)
- Equitable distribution of wealth
- Increase of wealth
- Increased productivity
2 – natural resources (LWMCPOFFFWFO) codal
jura regalia – all natural resources owened by state
Regalian doctrine – land but also to natural wealth
- May directly undertake activities
- Enter into coproduction
- Congress may allow small scale utilization
- Large scale President can enter into agreements
with foreign owned
3 – Public domain (AFMN)
- Agricultural, forest, mineral, national parks
5 – ancestral lands and domains
Ancestral domains – areas belonging to ICC under a claim of
ownership continuously except when interrupted by war
Ancestral lands – same conditions but limited to lands
7– private lands (FFAN)
- Filipino citizen, f. corp, aliens (succession), NBC who lost
ph citizenship
8 – exemption for former Filipinos
- nationality at ACQUISITION DATE
10 – Filipinization (Filpino) Nationalization (state)
Manila Prince Hotel v. GSIS
- qualified Filipino > foreigner
- Sale given to foreign if no Filipino qualifies and if
fails to match highest bid
Army Navy v. CA
- Can eject from historical landmark to preserve and
protet cultural properties and safeguard intrinsic
value
11 – public utilities – utility corp that serves general public
for compensation and open to public

- Petroleum only if indigenous
- Public utility = use to serve public
- Franchises s.t. Congressional action
Francisco v. TRB
- Favor qualified Filipino
- Congress can impair obligation of franchises as
contracts
- No authorization is exclusive or exceed 50 years
- Certain admin agencies can issue licenses
12 – Filipino first
16 – private corp
- cant just transfer property from one to another
without COMPENSATION and PUBLIC PURPOSE
17 – temporary takeover of private owned public utility
David v. arroyo – State (Congress) can during emergency,
take over or direct operation of privately owned public
utility (activated only by congress in ArtVI23)
18 – nationalization
- just compensation
19 – Monopolies
tatad v. doe – court can strike down if doesn’t serve ends of
preventing monopolies
20 – central money authority (BSP)
- NBC, probity integrity patriotisim, majority private,
st qualifications of law
- Provide policy direction in money banking credit
- Supervise, regulatory
21 – loans accdg to law and regulations of Monetary board
Article XVI
1 – flag 8rays BBCLMNEPT
2 – change only upon ratification in referendum
3 – cant sue without consent
implied: private contract, business operation, sue private
party
express: special law
5– oath strengthen CONST, patriotic spirit, professionalism
in afp, no PPA except voting, no afp appointed in civilian,
retirement don’t include extension, regular officers
recruited proportionally, duty of Chief of staff not exceed
3 years but in times of war pres can extend
PPA – campaigning for candidate/party
6 – war veterans, military campaigns, s.spouse,
orphans have:
- adequate care, benefits, other forms assistance,
funds, due consideration in disposition of lands,
utilization of natural resources
12– NCIP
- cannot get license of lease without certification of NCIP
that the area does not overlap with ancestral domain
Article XVII
1 – amendments proposed by CONGRESS vote 3/4 and
CONSTITUTIONAL CONVENTION
- congress can enact details for CC
2- amendments proposed through initiative of 12% of all
voters, represented by 3% voters; None authorized within
5 years after ratification of CONST nor every 5 years
Constituent power – amendments and revisions initiative
and referndum
Legislative – pass,repeal, amend laws which needs approval
of chief exec
Amendment – alteration of provisions; Improve without
altering basic structure
 ¾ vote, CC or Initiative
Revision – reexamination of entire document resulting t
structural change and affecting provisions of the Const
 ¾ vote, CC
Steps: Proposal submission  ratification
*can’t revise by initiative!
Elements for amendment of Const: (Lambino)
- Proposal is authored and signed by people
- Proposal embodied in position
4- amendment or revision valid through ratification by maj
60-90 days after aproval
Article XVIII
1) 1st elections – 2nd monday of may
2) First 12: 6, second: 3
10-11: Judges until 70 years old
16 – Career Civil Service Officers are entitled to separation
pay and retirement benefits;
- Hold over status terms have expires but wil
constinue until successor is appointed
17-18: Salaries
pres: 300k
VP,SP,SH,CJ: 240k
Senators, members, aj, chairmen: 204k
Members of cc: 180k
- Increase at earliest possible time
25 – treaty must be concurred by senate, ratified by
majority, cast in national referendum, and recognized
by other state
26 – sequestration
Sequestration – place in possession until det wn ill-gotten
- Admin authority issues it
- Prima facie and a degree higher than probable
cause
Seizure warrant
- Only judge can issue
- Upon probable cause
Freeze order – prohibits person possessing it to transfer,
convey, etc
Provisional takeover – physical assets and business
operations taken
*PCGG cant exercise prereogatives of ownership
no power to vote sequestered shares
*PCGG CANNOT issue search warrants
*PCGG – quasijudicial functions that cannot be
delegated
Elements: ill gotten wealth of marcos and associates
who took advantage
27 – date of effectivity: Feb 2 1987