The 1987 Philippine Constitution

The 1987 Constitution of the Philippines
THE 1987 CONSTITUTION OF THE PHILIPPINES
Compiled by
MARI CRIS ANDEM-AZUL

College of Education
TIP-QC
INTRODUCTION TO POLITICAL SCIENCE

The Study of Political Science
What is Political Science?
The systematic study of the state and government. The
word political is derived from the Greek word polis,
meaning a city or what today would be the equivalent of
sovereign state; the word science comes from the Latin
word scire, to know.
The science of politics, therefore, has, as its formal object,
a basic knowledge and understanding of the state and of
the principles and ideals which underlie its organization and
activities. It is primarily concerned with the association of
human beings into a body politic, or a political community
(one organized under government and law.
As such, it deals with those relations among men and
groups which are subject to control by the state, with the
relations of men and groups to the state itself, and with the
relations of the state to other states.
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Scope of Political Science

Political Science is a very comprehensive field. Its curriculum
is almost certain to include courses in political theory, public
law and public administration as well as in various more
specialized subjects.
Political Theory
The entire body of doctrines relating to the origin, form,
behavior and purposes of the state are dealt with in the
study of political theory.
Public Law
The (a) organization of governments, (b) the limitations
upon government authority, (c) the powers and duties of
governmental offices and officers, and (d) the obligations of
one state to another are handled in the study of public law.
In the contradistinction to the rules of private law, which
govern the relations among individuals, public law is so
specialized that separate courses are offered in each of its
subdivisions ---- constitutional law (a, b), administrative law
(c), and international law.
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Public Administration
In the study of public administration, attention is focus upon
the methods and techniques used in the actual
management of state affairs by executive, legislative, and
judicial branches of government. As the complexity of
government activities grows, the traditional distinctions
among the powers of these branches become even less
clear-cut.
Today, legislative bodies have been forced to delegate
greater discretion to executive officers responsible for the
conduct of government policies and powers. Thus, we find
many administrative agencies exercising quasi-legislative
and quasi-judicial powers, i.e. powers which are legislative
and judicial in nature. Administrative Law, already referred
to, also falls within the scope of any broad study of public
administration.
Interrelationship with other branches of learning
No precise and definitive boundaries can be place around
a subject as comprehensive as political science. It shares
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many points of common interest with other social

disciplines.
History
The bond between the political scientist and the historian is
obvious in the observation that history is past politics and
politics present history. The political scientist frequently
adopts a historical approach and employs knowledge of
the past he seeks to interpret present and probable
developments in political phenomena.
Economics
Until late in the 19th century, political science and
economics (the study of production, distribution, and
conservation and consumption of wealth) were coupled
under the name of political economy. Today, these fields
are jointly concerned with the fact that economic conditions
affect the organization, development and activities of states,
which in turn modify or even prescribed economic
conditions. The political scientist regularly adopts as
economic approach when seeking to interpret such
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matters as public financial policies and government

regulation of business.
Geography
Geopolitics (a science concerned with the study of the
influences of physical factors such as population pressures,
sources of raw materials, geography, etc., upon domestic
and foreign politics) indicates one approach which a
political scientists frequently must adopt to help explain the
phenomena as the early growth of democracy in Great
Britain and the United States and its retarded growth in
certain Continental Europe, and the rise of authoritarian
governments in developing countries.
Sociology and Anthropology
The political scientist, the sociologist (who specializes in the
study of society as a whole), and the anthropologist (who
studies mankind is relation to physical, social and cultural
development) are deeply concerned with he origins and
nature of social control and government authority, with the
abiding influences of race and culture upon society, and
with the patterns of collective human behavior.
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Psychology
The political scientist as well as the psychologist promotes
studies of the mental and emotional processes motivating
the political behavior of individuals and groups. One of the
many topics which the political scientist handles from a
psychological approach is that of public opinion, pressure
groups, and propaganda.
Philosophy
The concepts and doctrines of Plato, Aristotle and Locke
(and other universal thinkers about the state) are important
to the specialist in academic philosophy and also to the
political scientist. These concepts are the underlying forces
in the framing of constitutions and laws.
Statistics and Logic
The political theorist must possess a broad scientific
background and a knowledge of the current political
problems and he must employ scientific methods in
gathering and evaluating data and in drawing conclusions.
Jurisprudence
It is concerned with the analysis of existing legal systems
and also with the ethical, historical, sociological and
psychological foundations of law. A comprehension of the
nature of law (whether natural or divine law) and of the
statutes enacted by legislatures is indispensable to the
political theorist. Law and state are inseparable. All states
claim laws, effective within their jurisdictions, and enforce
them through a system of penalties or sanctions. To
maintain full understanding of the facts of political life, the
political scientist has to combine the legal with the extralegal viewpoints.
Functions and importance of political science
The function of political science is to discover the principles
that should be adhered to in public affairs and to study the
operations of government in order to demonstrate what is
good, to criticize what is bad or inefficient, and to suggest
improvements.
Its findings and conclusions may be of immense practical

use to constitution makers, legislators, executives, and
judges who need models or norms that can be applied to
immediate situations. Again, they may be of immense
practical use to individuals who seek to understand the
state in which they live.
The study of political science deals with the problems of
social welfare, governmental economic programs,
international cooperation, and a wide range of other matters
that are urgent concern of public officials and to private
citizens.
Goal in the study of political science courses
Why should the university or college student study political
science? What good will it do to him or her, in later life? Will
it help in getting a job --- in getting ahead? Are political
science courses practical (i.e. vocational)?
Education for citizenship

It should be made clear that the primary objective of
political science curriculum is education for citizenship.
The preparation of students for careers in politics, law,
teaching, the civil service and the foreign service is
secondary to the task of equipping them to discharge the
obligations of democratic citizenship.
Essential parts of liberal education
Political science courses should be viewed as essential
parts of liberal education, bearing no materialistic price
tag and promising no job security. Such shop-worn
adjectives as practical and cultural have no relevance
here.
Knowledge and understanding of government
Political science seeks to gather and impart this
knowledge and understanding. The good citizen who
behaves himself and votes regularly is no longer enough.
He must also be a citizen who knows the answers. He
must know how his government really operates, what
interests and forces are behind particular policies, what
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the results of such policies are likely to be, what his rights
and obligations are, who his elected representatives are,
and what they stand for.
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CONCEPTS OF STATE AND GOVERNMENT

Introduction
State
A state is a community of persons more or less
numerous, permanently occupying a definite portion of
territory, having a government of their own to which a
great body of inhabitants render obedience, and enjoying
freedom from external control.
Elements of the State
People
This refers to the mass of population living within the
state. Without people there can be no functionaries to
govern and no subjects to be governed. There is no
requirement as to the number of people that should
compose a state. But it should be neither too small nor
too large: small enough to be well-governed and large
enough to be self-sufficing.
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Territory
It includes not only the land over which the jurisdiction of
the state extends but also the rivers and lakes therein, a
certain area of the sea which abuts upon its coasts and
the air space above it. Thus, the domain of the state may
be described as terrestrial, fluvial, maritime and aerial.
Government
It refers to the agency through which the will of the state
is formulated, expressed and carried out. The word is
sometimes used to refer to the person or aggregate of
those persons in whose hands are placed for the time
being the function of political control. This body of men
is usually spoken of as administration. The ordinary
citizens of a country are a part of the state but are not
part of the government.
Sovereignty
The term may be defined as the supreme power of the
state to command and enforce obedience to its will from
people within its jurisdiction and corollarily, to have
freedom from foreign control.
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Two manifestations:
a)internal or the power of the state to rule within its
territory;
b)external or the freedom of the state to carry out its
activities without subjection to or control by other
states.
External sovereignty
independence.
is
often
referred
to
as
Origin of States
Divine Right Theory - It holds that the state is of divine
creation and the ruler is ordained by God to govern the
people.
Necessity or Force Theory - It maintains that the states
must have been created through force, by some great
warriors who imposed their will upon the weak.
Paternalistic Theory - It attributes the origin of states to
the enlargement of the family which remained under the
authority of the father or mother. By natural stages, the
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family grew into a clan, then developed into a tribe which

broadened into a nation, and the nation became a state.
Social Contract Theory - It asserts that the early states
must have been formed by deliberate and voluntary
compact among the people to form a society and
organize government for their common good. This theory
justifies the right of the people to revolt against a bad
ruler.
State distinguished from Nation
The state is a political concept, while nation is an ethnic
concept. A nation is a group of people bound together by
certain characteristics such as common social origin,
language customs and traditions, and who believe that they
are one and distinct from others. A nation may or may not be
independent of external control. State may consist of one or
more nations and conversely, a nation may be made up of
several states. The United States is a melting pot of several
nationalities. On the other hand, the Arab nation is divided
into several sovereign states.
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State distinguished from Government

In common speech they are usually regarded as identical. As
ordinarily, the acts of the government (within the limits of the
delegation of powers) are the acts of the state, the former is
meant when the latter is mentioned, and vice-versa. The
government is only the agency through which the state
expresses its will.
A state cannot exist without a government, but it is possible to
have a government without a state. Thus, we had various
governments at different periods of our history, from preSpanish time to the present. A government may change, its
form may change, but the state, as long as its essential
elements are present, remain the same.
Forms of Government
1. As to the principal forms:
Monarchy or one in which the supreme and final
authority is in the hands of a single person without
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regard to the source of his election or the nature or

duration of his tenure.
Kinds of Monarchies
Absolute monarchy or one in which the ruler rules
by divine right;
Limited monarchy or one in which the ruler rules in
accordance with a constitution.
Aristocracy or one in which political power is exercised by a
few privileged class which is known as an aristocracy or
oligarchy.
Democracy or one in which political power is exercised by a
majority of the people. Democratic governments are further
classified into:
Classifications of Democracy
Direct or pure democracy or one in which the will of
the state is formulated or expressed directly and
immediately through the people in a mass meeting or
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primary assembly rather than through the medium of

delegates or representatives chosen to act for them.
Indirect, representative or republican democracy
or one in which the will of the state is formulated and
expressed through the agency of a relatively small
and select body of persons chosen by the people to
act as their representatives.
2. As to the extent of powers exercised by the central or
national government.
Unitary government or one in which the control of
national and local affairs is exercised the central or
national government.
Federal government or one in which the powers of the
government are divided between two sets of organs, one
for national affairs and the other for local affairs, each
organ being supreme within its own sphere.
3. As to the relationship between the executive and the
legislative branches of the government.
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Parliamentary government
One in which the state confers upon the legislature the
power to terminate the tenure of office of the real
executive. Under this system, the Cabinet or ministry is
immediately and legally responsible to the legislature and
mediately or politically responsible to the electorate, while
the titular or nominal executive --- the Chief of State --occupies a position of irresponsibility.
Presidential government
One in which the state makes the executive
constitutionally independent of the legislature as regards
his tenure and to a large extent as regards his policies
and acts and furnishes him with sufficient powers to
prevent the legislature from trenching upon the sphere
marked out by the constitution as executive
independence and prerogative.
Functions of Government
The functions of government are classified as constituent or
ministrant.
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Constituent Functions
Those relating to the maintenance of peace and the
prevention of crime, those regulating property and
property rights, those relating to the administration of
justice and the determination of political duties of citizens,
and those relating to national and foreign functions.
This power is exercised by the State as attributes of
sovereignty.
Ministrant Functions
It includes the promotion of welfare, progress and
prosperity of the people and not merely to promote the
welfare, progress and prosperity of the people --- these
latter functions being ministrant, the exercise of which is
optional on the part of the government.
De Jure and De Facto Governments
Government is classified according to its legitimacy as either
de jure and de facto government. De Jure is a Latin term
which means by right, lawful, legitimate.
Thus, a
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government de jure is one established by the authority of the

legitimate sovereign. While a de facto government or
government of fact is one merely established in defiance of
the legitimate sovereign.
Doctrine of Parens Patria
Parens Patriae literally means parent of the people. By this
doctrine the state is called upon to defend and protect those
underprivileged, handicapped, etc. Thus, in case of rape
against a minor child, the state is called upon to give full
protection and safeguard. This is not only a duty upon the
state but, it is also in keeping the role of the state as parens
patriae by virtue of which it is mandated to provide utmost
protection to those of tender years.
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CONCEPT OF THE CONSTITUTION

Introduction
Constitution - that body of rules and principles in
accordance with which the powers of sovereignty are
regularly exercised.
the fundamental law of the land

the supreme law of the land
the God of all man-crafted laws
the litany of rights of every individual
Nature and purpose or function

Nature
the charter creating the government
the supreme or fundamental law of the land as it speaks
for the entire people from whom it derives its claim to
obedience
it is binding on all individual citizens and all organs of
government
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a law to which all other laws must conform in accordance

with which all private rights must be determined and all
public authority administered
the test of the legality of all governmental action, whether
proceeding from the highest official or lowest functionary
Purpose
prescribe the permanent framework of the system of
government
to assign to the different departments or branches, their
respective powers and duties
to establish certain basic principles on which the
government is founded
it is primarily designed to preserve and protect the rights
of individuals against the arbitrary actions of those in
authority
Function
not to legislate in detail but to set limits on the otherwise
unlimited power of the legislature
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Constitutional Law
A branch of jurisprudence which treats of constitutions, their
nature, formation and amendment, operation and
interpretation. It refers to the law embodied in the Constitution
as well as the principles growing out of interpretation and
application made by the courts (particularly the Supreme
Court, being the court of last resort) of the provisions of the
constitution in specific areas. The Philippine Constitution itself
is brief but the law of the Constitution lies scattered in
thousands of Supreme Court decisions.
Kinds of Constitution
As to their origin and history
Conventional or enacted - one which is created by a
constituent assembly or granted by a monarch to his
subjects like the Constitution of Japan in 1889.
Cumulative or evolved - like the English Constitution, one
which is a product of growth or a long period of
development originating in customs, traditions, judicial
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decisions, etc., rather than from deliberate and formal

enactment.
The above classification substantially coincides with that of
written and unwritten constitutions.
As to their form
Written - one which has been given definite written form at
a particular time, usually by a specially constituted
authority called a constitutional convention.
Unwritten - one which is entirely the product of political
evolution, consisting largely of a mass of customs, usages
and judicial decisions together with a smaller body of
statutory enactments of a fundamental character, usually
bearing different dates.
The English Constitution is unwritten only in the sense that it
is not codified in a single document. Indeed, there is no
Constitution that is entirely written or unwritten.
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As to manner of amending them

Rigid or inelastic - one regarded as a document of special
sanctity which cannot be amended or altered except by
special machinery more cumbrous than the ordinary
legislative process.
Flexible or elastic - one which possesses no higher legal
authority than ordinary laws and which may be altered in
the same way as other laws.
Advantages and disadvantages
Written Constitution
It has the advantage of clearness and definiteness over
an unwritten one.
This is because it is prepared with great care and
deliberation.
Its disadvantage lies in the difficulty of its amendment.
(see Art. XVII)
This prevents the immediate introduction of needed
changes and may thereby retard the healthy growth and
progress of the state.
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Requisites of a good written constitution

1. As to form a good written constitution should be:
Brief - because if a constitution is too detailed, it would
lose the advantage of a fundamental law which in a few
provisions outlines the structure of the government of the
whole state and the rights of the citizens. It would
probably never be understood by the public.
Furthermore, it would then be necessary to amend it
every once in a while to cover many future contingencies.
Broad - because a statement of the powers and functions
of government, and the relations between the governing
body and the governed, requires that it be as
comprehensive as possible.
Definite - because otherwise the application of its
provisions to concrete situations may prove unduly
difficult if not impossible. Any vagueness which may lead
to opposing interpretations of essential features may
cause incalculable harm.
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2. As to contents it should contain at least three sets

of provisions:
Constitution of Government - That dealing with the
framework of government and its powers and defining the
electorate.
Constitution of Liberty - That setting forth the
fundamental rights of the people and imposing certain
limitations on the powers of the government as a means
of securing the enjoyment of these rights.
Constitution of Sovereignty - That pointing out the
mode or procedure for amending or revising the
constitution.
Constitution distinguished from Statute
A constitution is a legislation direct from the people, while a
statute (see Art. VI, Sec. 1) is a legislation from the peoples
representatives;
A constitution merely states the general framework of the
law and the government, while a statute provides the details
of the subject of which it treats;
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A constitution is intended not merely to meet existing

conditions but to govern the future, while a statute is
intended primarily to meet existing conditions only; and
A constitution is the supreme or fundamental law of the
State to which statutes and all other laws must conform.
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SEPARATION OF POWERS
The Doctrine of Separation of Powers was modified under the
1973 Constitution with the establishment of a semiparliamentary government that made the legislature
subordinate in many respects to the President, who was even
vested with the ultimate power of dissolving it.
What is the traditional concept of the doctrine of
separation of powers?
Under the new Constitution, the traditional concept of the
doctrine has been restored, but with several significant
modifications. The three major departments of the
government have been maintained, and so have the three
constitutional commissions established earlier under the past
charters. By and large, the separation of the principal powers
have been preserved.
The judiciary, regarded as the weakest of the three branches,
has been considerably strengthened with the conferment of it
of additional and important powers. In the case of the political
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departments, one will observe a lessening of the executive

and a corresponding increase in the authority of the
legislature, inspired presumably by our recent experiences
under the Marcos authoritarianism.
What commissions had been revived under the new
constitution?
Worthy of special interest is the revival of the Commission on
Appointments as a check upon the appointing power in
general . The creation of a Judicial and Bar Council to ensure
better selection of the members of the judiciary.
The Electoral Tribunals have also been restored (but with
modified membership) to act once again as sole judge of all
contests relating to the election, returns and qualification of
the members of their respective Houses. This function was
taken from them (even as they were abolished) and
transferred to the Commission on Elections by the 1973
Constitution.
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Why is the doctrine of separation of powers observed in

our country?
The doctrine is observed in our country not only because it is
regarded as a characteristics of republicanism but also for the
reason that the major powers of government are actually
distributed by the Constitution among the several
departments and the Constitutional Commissions.
Additionally, Article VI, Section 13, provides that no member
of the Congress may hold any other office or employment in
the government during his term without forfeiting his seat.
What are the purposes of the Doctrine of Separation of
Powers?
The doctrine of separation of powers is intended to prevent a
concentration of authority in one person or group of persons
that might lead to an irreversible error or abuse in its exercise
to the detriment of our republican institutions. More
specifically, according to Justice Laurel, the doctrine is
intended to secure action, to forestall overaction, to prevent
despotism and to obtain efficiency.
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To achieve these purposes:

the legislature is generally limited to the enactment of
laws and may not enforce or apply them;
the executive to the enforcement of laws and may not
enact or apply them;
the judiciary to the application of laws and may not
enact or enforce them.
However, the need for the above-mentioned objectives does
not call for the doctrinaire application of this theory or its
observance with pedantic rigor. While it is desirable that
there be a certain degree of independence among the several
constitutional agencies, it is not in the public interest for them
to deal with each others at arms length or with a hostile
jealousy of their respective rights as this might result in
frustration of the common objectives of the government.
To cite Justice Laurel again, the keynote of conduct of the
various agencies of the government under the doctrine of
separation of powers, as properly understood, is not
independence but interdependence.
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BLENDING OF POWERS
What is blending of powers of the three branches of
government?
There are instances under the Constitution when powers are
not confined exclusively within one department but are in fact
assigned to or shared by several departments. As a result of
this blending of powers, as it is called, there is some
difficulty in classifying some of them as definitely legislative,
executive or judicial. Justice Holmes out it vividly when he
remarked that the great ordinances of the Constitution do not
establish and divide fields of black and white. Even the more
specific of them are found to terminate in a penumbra
shading gradually from one extreme to another.
Examples of the governments exercise of the blending
of powers
The powers of government may not at all times be contained
with mathematical precision in water-tight compartments
because of their ambiguous nature, e.g., the power of
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appointment, which can rightfully be exercise by each

department over its own administrative personnel. But more
importantly, it is often necessary for certain powers to be
reposed in more than one department, so that they may
better collaborate with, and in the process check, each other
for the public good.
Examples:
An illustration of such coordination is the enactment of the
general appropriations law, which begins with the preparation
by the President of the budget, which becomes the basis of
the bill adopted by the Congress and subsequently submitted
by it to the President, who may then approve it.
Another is the grant of amnesty by the President which
requires the concurrence of a majority of all the members of
the Congress.
To take a third example, the Commission on Elections does
not alone deputize law-enforcement agencies and
instrumentalities of the government for the purpose of
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ensuring free, orderly and honest elections but does so with

the consent of the President.
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CHECKS AND BALANCES

What is the system of checks and balances?
What makes the doctrine of separation of powers especially
workable is the corollary system of checks and balances, by
means of which one department is allowed to resist
encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments.
The exercise of this authority in not itself an arrogation
inasmuch as it is the Constitution itself that provides for this
system of counteraction. The theory is that the ends of the
government are better achieved through the exercise by its
agencies of only the powers assigned to them, subject to
reversal in proper cases by those constitutionally authorized.
What are some illustrations of this system?
There are abundant illustrations of this system in the
Constitution. Thus, the lawmaking power of the Congress is
checked by the President through his veto power, which in
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turn may be overridden by the legislature. The President may

nullify a conviction in a criminal case by pardoning the
offender. The Congress may refuse to give its concurrence to
an amnesty proclaimed by the President and the Senate to a
treaty he has concluded.
The Congress may limit the jurisdiction of the Supreme Court
and that of inferior courts and even abolish the latter tribunals.
As for the judiciary in general, it has the power to declare
invalid an act done by the Congress, the President and his
subordinates, or the Constitutional Commissions.
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ROLE OF THE JUDICIARY

What is the role of the Judiciary in the exercise of
separation of powers?
While it is the judiciary which sees to it that the constitutional
distribution of powers among the several departments of the
government is respected and observed, this does not mean
that it is superior to the other departments. To correct the
view is that when the Supreme Court mediates to allocate
constitutional boundaries or invalidates the acts of a
coordinate body, what it is upholding is not its own supremacy
but the supremacy of the Constitution.
In the determination of whether a given power has been
validly exercised by a particular department, the test applied
is not necessarily or always the nature of the power. The first
criterion --- and the safest --- is whether or not the power in
question, regardless of its nature, has been constitutionally
conferred upon the department claiming its exercise. The
grant being ascertained, the exercise of the power sustained.
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The conferment of power is usually done expressly, as in the

vesture of the legislative power in the Congress, the
executive power in the President and the judicial power in the
Supreme Court and such lower courts as may be established
by law. As may be readily noticed, there is no problem as to
the validity of the discharge of these powers because they
naturally pertain to the entities in which they have been
reposed.
What are some illustrations of powers not lodge in the
judiciary?
To illustrate, the power to impeach, which is essentially
executive, and the power to try and decide impeachment
cases, which is essentially judicial, are expressly lodged in
the Congress, as so too is the power of investigation, which is
more executive or judicial than legislative.
These powers are nevertheless validly exercised by the
legislature because the Constitution so provides. By the
same token, the Supreme Court can exercise the executive
power of removal over judges of inferior courts although they
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have been appointed by the President. The President may

be authorized by the Congress to exercise tariff powers and
emergency powers, both of them legislative in nature,
because the Constitution permits it
Even in the absence of an express conferment, the exercise
of a given power may be justified under the doctrine of
implication, which is based on the theory that the grant of
express powers carries with it all other powers that may be
reasonably inferred from it. In Angara v. Electoral
Commission, for example, certain rules of procedure
promulgated by the respondent were challenged on the
ground that they had not been expressly authorized by the
1935 Constitution.
The Supreme Court nevertheless upheld them, declaring that
they were necessary to the proper exercise of the express
power granted to the body to hear and decide election
contests involving members of the legislature. Another
illustration is the power to punish contempt which, although
essentially judicial, can unquestionably be exercised by the
legislature, more so now under the present Constitution,
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which vests upon it the express power to conduct

investigations in aid of legislation.
Such investigations, needless to say, could hardly be
effective if the Congress did not possess the implied authority
to punish witnesses for contumacy. Mention must also be
made of those powers which although not specifically granted
by the Constitution either expressly or by implication may be
justified as inherent or incidental.
Thus, the President, as head of the government, may
independently of constitutional or statutory authority deport
undesirable aliens as an act of State, even as the Congress
can punish any person who impugns its integrity without
proof. The courts, for their part, may claim the contempt of
power inherent in the judiciary.
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ARTICLE XVIII
AMENDMENTS OR REVISIONS OF THE CONSTITUTION
Amendment and Revision
Amendment and revision refers to changes in the
Constitution. However, the two must be distinguished.
What is an amendment?
Amendment refer to a change of specific provisions only.
The intention of an act is not the change of the entire
constitution, but only the improvement of specific parts or the
addition of provisions deemed as essential.
What is a revision?
Revision refer to the rewriting of the whole constitution.
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What are the three steps in amending the constitution?

First, is the proposal, which can be effected either through
Constituent Assembly, Constitutional Convention or directly
by the people;
Second, is the submission of proposal to the people; and
Third, the ratification by the people.
What does ratification by the people mean?
This last step, involves the casting of votes by the people
whether they agree to adopt or not the proposed
amendments submitted to them in the exercise of their
sovereign capacity.
How is proposal applied on the Constituent Assembly?
Constituent Assembly may be called to amend or revise the
Constitution by a vote of three-fourths of all the Members of
Congress, voting separately. A Constitutional Convention is
a body convened for the sole purpose of amending or revising
the Constitution.
44
What are the manners of calling a Constitutional

convention?
The Constitution provides for the two (2) manner of calling a
constitutional convention.
First, is by the congress themselves, by a vote of two-thirds
of its members.
Second, if the required two-thirds votes is not obtained or
simply when the Congress cannot decide to call such a
convention, they can, through a majority vote of all its
members submit to the people the question of calling such
a convention.
Directly by the People (Peoples Initiative)
It is interesting to note that among the three methods of
proposal, directly by the people is limited only to amendments
or the so-called piece-meal changes only and does not
include revision, which unlike the other two methods can
include amendments, and revisions. The reason for this rule
is that the formulation of provisions revising the Constitution
45
requires both cooperation and debates which can only be

done through a collegial body like a convention or assembly.
People s initiative may only be exercise by the people in
amending the Constitution ones every five years.
What are the requirements for Peoples Initiative?
A petition signed by at least twelve (12) per centum of all
registered voters;
Each legislative district must be represented.
Ratification
Amendments or revision of the Constitution proposed by
either the Constituent Assembly, Constitutional Convention
and Peoples Initiative becomes effective after ratification by
the people.
What is a ratification?
Ratification is the process whereby the people will directly
cast their votes whether they would like to adopt any
amendment to, or revision of the Constitution.
46
When is the validity of a ratified amendment or revision?

Any amendment to, or revision of, this Constitution shall be
valid when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty (60) days
not later than ninety (90) days after the approval of such
amendment or revision or after the certification by the
Commission on Elections of the sufficiency of the petition.
Review Questions:
1. Distinguish amendment from revision of the Constitution.
2. What are the requirements for peoples initiative?
3. Why is peoples initiative limited only to amendments of
the Constitution?
4. What is a constitutional convention and what is the
manner for calling a constitutional convention?
47
Article I: NATIONAL TERRITORY

Section 1.
The national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The waters
around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
National Territory of the Philippines:
As provided in Article I, it comprises:
The Philippine Archipelago with all the islands and waters
embraced therein;
All other territories over which the Philippines has
sovereignty or jurisdiction;
48
The terrestrial, fluvial, and aerial domains including the

territorial sea, the sea-bed, the subsoil, the insular
shelves, and other submarine areas corresponding to
Nos. 1 and 2; and
The internal waters. (Sec. 1)
Meaning of archipelago
The term archipelago is derived from the Greek word
pelages meaning sea. It has been defined as a sea or part
of a sea studded with islands, often synonymous with island
groups, or as a large group of islands in an extensive body of
water, such as sea. In other words, it includes both sea and
islands which geographically may be considered as an
independent whole.
Other territories over which the Philippines has
sovereignty or jurisdiction.
The phrase all the other territories belonging to the
Philippines be historic right or legal title in the former
provision was amended as indicated above. The phrase
49
acquired a definite meaning in the 1973 Constitution as a

cover-all for pending Philippine claim to Sabah (formerly
North Borneo) against Malaysia and the possible claim to the
so-called Freedomland (a group of Islands known as
Spratley Islands in the South China Sea) and the Marianas
Islands, including Guam (which according to historical
documents were under the control of the civil and
ecclesiastical authorities in the Philippines during the Spanish
Regime), or any other territory over which the Philippines
may in the future find it has a right claim.
The deletion, however, of the words by historic right or legal
title is not to be construed as precluding future claims by the
Philippines to areas over which it does not actually exercise
sovereignty. The change is designed to improve our relations
with Malaysia while allowing flexibility in pursuing the Sabah
claim.
Other areas included in the Philippine archipelago.
The territorial sea it is that part of the sea extending 12
nautical miles (19kms) from the low-watermark. It is also
50
called the marginal sea, the marginal belt, or the marine

belt.
The seabed (or sea floor or sea bottom) this refers to the
land that holds the sea, lying beyond the seashore,
including mineral and natural resources;
The sub-soil this refers to everything beneath the surface
soil and the sea-bed, including mineral and natural
resources;
Insular shelves (or continental shelves) they are the
submerged portions of a continent or offshore island, which
slope gently seaward from the low waterline to a point
where a substantial break in grade occurs at which point
the bottom slopes seaward at a considerable increase in
slope until the great ocean depths are reached; and
Other submarine areas they refer to all areas under the
territorial sea. Among oceanographic terms used are
seamount, trough, trench, basin, deep, bank, shoal, and
reef.
As part of the national territory, the sea-bed, the insular

shelves, and other submarine areas are necessary co51
extensive with the territorial sea. The Philippines has a right

or title to them to the extent recognized by international law.
Three-fold division of navigable waters
From the standpoint of International Law, the waters of the
earth are divided into:
Inland or internal waters they are the parts of the sea
within the land territory. They are considered in the same
light as rivers, canals and lakes within the land territory of a
state. They are sometimes called national waters.
Territorial sea it is a belt of water outside and parallel to
the coastline or to the outer limits of the inland or internal
waters; and
High or open seas they are waters that lie seaward of
the territorial sea.
Jurisdiction over navigable waters
The inland or internal waters and the territorial sea together
comprise what is generally known as the territorial waters of a
52
state. Over these waters, a state exercises sovereignty to the

same extent as its land territory but foreign vessels have the
right of innocent passage through the territorial sea. On the
other hand, the open seas are international waters which
means that they are not subject to the sovereignty of any
state but every state has equal rights of uses in them.
The archipelagic concept or principle of territoriality:
The use of the word archipelago in Article I is intended to
project the idea that the Philippines is an archipelago (a state
composed of a number of islands) and bolster the
archipelagic concept (or archipelago doctrine) which the
Philippines together with Indonesia, and other archipelago
states, had espoused in international conferences on the Law
of the Sea.
By this concept is meant that an archipelago shall be
regarded as a single unit, so that the waters around, between,
and connecting the islands of the archipelago, irrespective of
their breadth and dimensions, form part of the internal waters
of the state, subject to its exclusive sovereignty.
53
Article II: Fundamental Principles and State Policies

Article II of the Constitution is entitled Declaration of
Principles and State Policies.
What is the intention in providing Art. II of the
Constitution?
This article is intended to lay down the rules underlying our
system of government and must therefore be adhered to in
the conduct of public affairs and the resolution of public
issues. The present article is an enlargement and, in some
sections, a modification of the original provisions found also in
Article II of the 1973 Constitution.
What is the purpose of Art. II of the Philippine
Constitution?
The purpose is to emphasize and articulate more
unequivocally the objectives and limitations of governmental
action in pursuit of the general goals announced in the
Preamble.
54
Preamble
The Preamble to the Constitution reads as follows:
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society
and establish a government that shall embody our ideals
and aspirations, promote the common good, conserve
and develop our patrimony, and secure to ourselves and
our posterity the blessings of independence and
democracy under the rule of law and a regime of truth,
justice, freedom, love, equality and peace, do ordain and
promulgate this Constitution.
Unlike in the 1935 Constitution, the above Preamble is
couched not in the third person but in the first.
Why was the Preamble couched in the first person and
not the third as it was originally written in the 1935
Constitution?
It was felt that the use of the more intimate first person would
deepen the sense of involvement and participation of the
55
individual citizens in the ordaining and promulgation of the

Constitution, which is supposed to be their common
handiwork.
This impression was not adequately conveyed by the 1935
Constitution, where the Filipino people were viewed by
many as a remote, impersonal and abstract legal entity to
which they did not belong. The Preamble is not considered a
source of substantive right since its purpose is only to
introduce, i.e., to walk before, the Constitution.
What is the function of the Preamble?
Its function is not merely rhetorical, as, in the first place, the
Preamble serves to indicate the authors of the Constitution, to
wit, we, the sovereign Filipino people. In addition, it also
enumerates the primary aims and expresses the aspirations
of the framers in drafting the Constitution and is also useful as
an aid in the construction and interpretation of the text of the
Constitution.
56
REPUBLICANISM
Section 1 of Article II provides:
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government
authority emanates from them.
What form of government is established under
Republicanism? Who are declared supreme under this
form?
This reproduction of the original principle in the 1935
Constitution establishes the democratic and representative
nature of our government and proclaims our hostility to
autocratic and totalitarian regimes. Thus, the people are
declared supreme. It is affirmed that every citizen is an
individual repository of sovereignty. The citizenry and not
officialdom is recognized as the origin, and therefore also the
restriction, of all government authority.
57
What is a republican government?

A republic is a representative government, a government run
by the people and for the people. It is not pure democracy
where the people govern themselves.
What is the essence of republicanism?
The essence of republicanism is representation and
renovation. It is the selection by the citizenry by a corps of
public functionaries who derive their mandate from the people
and act on their behalf, serving for a limited period only, after
which they are replaced or retained at the option of their
principal.
Obviously, a republican government is a responsible
government whose officials hold and discharge their position
as a public trust and shall, according to the Constitution, at
all times be accountable to the people they are sworn to
serve.
58
What is the purpose of a republican government?

The purpose of a republican government, it is almost
needless to state, is the promotion of the common welfare
according to the will of the people themselves.
How is the promotion of the general welfare of the people
determined?
This will is usually determined by the rule of the majority, that
is, the greater number of the people. Under the Constitution,
for example, the Senate President and the Speaker are
elected by majority vote of all the members of their respective
Houses, meaning more than one-half of the total
membership.
How is the rule of the majority justified?
This is justified because the law so provides and ours is a
government of laws and not of men. That no person is above
the law; all must bow to its majesty. The ascendancy of the
law is axiomatic in a republic and must be recognized by
59
every public official no matter how exalted. Every official act

must be based upon and conform to the authority of a valid
law, lacking which the act must be rejected.
THE DEFENSE OF THE STATE
Section 4 provides:
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend
the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render
personal military or civil service.
From where does this right been based?
This provision is based upon the inherent right of every State
to existence and self-preservation. By virtue of this right, a
State may take up all necessary action, including the use of
armed force, to repeal any threat to its security. To this end, it
is provided in Article XVI, Section 4, of the Constitution that
the armed forces of the Philippines shall be composed of a
60
citizen armed force which shall undergo military training and

serve, as may be provided by law. The pertinent law is C.A.
No. 1, otherwise known as the National Defense Act.
Are all citizens of the Philippines imposed the duty to
defend the State?
It is noteworthy that the duty to defend the State is imposed
upon all citizens, including women, and that the military or
civil service that may be required of them by law must be
personal.
This precludes the hiring by the rich of
mercenaries or professional soldiers to take their place in
the defense of the State.
Are citizens with religious or have no military inclinations
exempted from rendering personal services in defense of
the State?
As for those who may have sincere conscientious or religious
scruples about the taking of human life, or have no military
inclinations or aptitudes, accommodation can probably be
made by assigning them to non-combatant or civil duties.
61
PEACE AND ORDER

Section 5 provides rather pompously:
The maintenance of peace and order the protection of life,
liberty, and property, and the promotion of the general welfare
are essential for the enjoyment by all the people of the
blessings of democracy. This was probably inspired by the
American Declaration of Independence or some high school
commencement address. In any case, it speaks for itself --needlessly, it would seem --- as these are implicit in a welfare
state, which is what we are repeatedly told the Constitution is
establishing.
THE INCORPORATION CLAUSE
Section 2 provides:
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
62
and amity with all nations. Every State is, by reason of its
membership in the family of nations, bound by the generally
accepted principles of international law, which are considered
to be automatically part of its own laws. This is known as the
Doctrine of Incorporation. By virtue thereof, and particularly
since it is expressly affirmed in our Constitution, our Supreme
Court has applied the rules of international law in the decision
of a number of cases notwithstanding that such rules had not
been previously converted to statutory enactments.
Section 2 must be read with another section in this Article,
which provides as follows:
Section 7. The State shall pursue an independent foreign
policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.
and with Section 8, declaring that:
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from nuclear
weapons in its territory.
63
REARING OF THE YOUTH

There are two sections in Article II dealing with the proper
rearing of the youth.
Section 12
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother,
and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character
shall receive the aid and support of the Government.
What kind of kindred ties do Filipino families possess?
Kindred ties are specially close in the Philippines, making the
family a fundamental and important factor in the
enhancement of the nation. The theory is that the better the
home, the better the nation; and also that the strength of the
family lies in the correct upbringing of its children.
64
Proper recognition is therefore given to the complementary

roles of the parents and the government in the rearing of the
youth for the principal purposes mentioned, to wit, civil
efficiency and the development of moral character.
Significantly, the new provision declares that the State shall
equally protect the life of the mother and the life of the unborn
from conception, which seems to suggest a policy against
abortion.
This, however, must be equated with the equal protection due
to the mother. It should also be observed that in recognizing
the sanctity of the family life, the provision is not closing the
door on divorce, which is left for legislature to allow in its
discretion.
Section 13
The State recognizes the vital role of the youth in nationbuilding, and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being. It shall inculcate in
the youth patriotism and nationalism and encourage their
involvement in public and civic affairs.
65
This 1973 provision was a reaction to the upsurge of youth

activism that marked the days prior to the adoption of the
1973 Constitution and evidently influenced the thinking of its
framers. Accordingly, it is now sought to promote not only the
civic efficiency and moral character of our young citizens but
also their physical, moral, spiritual, intellectual and social wellbeing so that they will be fully prepared when they assume
their responsibility of leadership in the direction of our
countrys destiny.
WOMEN
Article II, Section 14, provides that the State shall recognize
the role of women in nation-building and shall ensure the
fundamental equality before the law of women and men.
What is the stand and role of women in our society?
The reverse order follows the polite phraseology of ladies
and gentlemen and ladies first and does not suggest a
social upheaval, much less an overturning of the tradition
conferring upon the man the position of the head of the
66
family, administrator of the conjugal funds and other similar

capacities.
SOCIAL JUSTICE
What is one of the most serious problems the nation is
facing right now?
The acute imbalance between the rich and the poor and the
resultant divisiveness and hostility between them. This
polarization has created an explosive situation that, unless
corrected in time, may lead to a violent social upheaval.
Example: The story of the ditch-digger.
What is the meaning of life to the countless impoverished
Filipino family?
Life is but an unending cycle of drudgery and toil, a ceaseless
struggle for survival for the elemental right to just exist instead
of truly living. Want is a constant companion. Oppression is
always close by. As for those interests intended to enhance
67
the joy of living --- these are total strangers. One cannot
enjoy the sunset when he must worry about the oil to light the
lamp when the darkness closes in.
What were the programs of the government to alleviate
the standard of living?
To alleviate the plight of these forgotten men, to give those
with less privileges in life more privileges in law, in the words
of President Ramon Magsaysay, our government has
assiduously, if not always successfully, pursued the policy of
social justice enshrined in both the old and the new
Constitutions.
What is social justice?
The classic definition of social justice is found in Calalang v.
Williams, where Justice Laurel declared as follows:
Social justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of laws and the
equalization of social and economic forces by the State so
68
that justice in its rational and objectively secular conception

may at least be approximated.
Social justice means the promotion of the welfare of all the
people, the adoption by the Government of measures
calculated to insure economic stability of all the component
elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra - constitutionally, through the exercise of powers underlying the
existence of all governments on the time-honored principle of
salus populi est suprema lex.
The new provisions on social justice in Article II are the
following:
Sec. 9. The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.
69
Sec. 10. The State shall promote social justice in all phases
of national development.
Sec. 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Sec. 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Sec. 21. The State shall promote comprehensive rural
development and agrarian reform.
SEPARATION OF CHURCH AND STATE
Section 6 reiterates that:
the separation of Church and State shall be inviolable.
This is a reproduction of Article XV, Section 15, of the 1973
Constitution.
70
What is the law provided for the rule?

The separation of Church and State was originally, and quite
adequately, expressed in the bill of rights providing that no
law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof. It is now more emphatic
by the said Section 6, which says that the separation shall be
inviolable.
What is the rationale of the rule?
The rationale of the rule is summed up in the familiar saying,
Strong fences make good neighbors. The idea is to
delineate the boundaries between the two institutions and
thus avoid encroachments by one against the other because
of a misunderstanding of the limits of their respective
jurisdictions. The demarcation line calls on the entities to
render therefore unto Caesar the things that are Caesars
and unto God the things that are Gods.
What is the prohibited actions of both the church and the
state?
71
The doctrine cuts both ways. It is not only the State that is
prohibited from interfering in purely ecclesiastical affairs. The
Church is likewise barred from meddling in purely secular
matters. And the reason is plain. A union of Church and
State, as aptly remarked, tends to destroy government and
to degrade religion.
It is also likely to result in a conspiracy, well nigh irresistible
because of its composite strength, against the individuals
right to worship. The wall of separation between Church and
State is not a wall of hostility. The State in fact recognizes
the beneficent influence of religion in the enrichment of the
nations life.
SUPREMACY OF CIVILIAN AUTHORITY
Section 3 provides:
Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.
72
Although this is implicit in a republican system of government,

it was felt advisable to expressly affirm this principle in order
to allay fears of a military take-over of our civilian
government. The military establishment is the physically
strongest single institution in our country and has the capacity
and might to wrest power from the constituted authorities.
Under this provisions who is the commander-in-Chief of
the Armed Forces of the Philippines?
To avoid this it is also fittingly declared in Article VII, Section
18, of our Constitution that the President, who is a civilian
official, shall be the commander-in-chief of all the armed
forces of the Philippines.
LOCAL AUTONOMY
The policy of local autonomy, which was not specifically
mentioned in the 1935 Constitution but was dignified into a
constitutional principle by the 1973 charter is affirmed in
Section 25, which provides:
73
The State shall ensure the autonomy of local governments.

This principle is fleshed out in Article X, entitled Local
Government, and the Local Government Code. The
strengthening of local governments is based upon the
Jeffersonian view that municipal corporations are the small
republics from which the great one derives its strength. The
belief is shared in this country that vitalization of the local
government unit will enable its inhabitants to develop their
resources and thereby contribute to the progress of the whole
nation.
More importantly, they will acquire a deepened sense of
involvement that will encourage them to participate more
actively in the direction of public affairs as members of the
body politic.
Economy
The various policies on the economy, which is also the
subject of Article XIII, are the following:
74
Sec. 19. The State shall develop a self-reliant and

independent national economy effectively controlled by
Filipinos.
Sec. 20. The State recognizes the indispensable role of the
private enterprise, and provides incentives to needed
investments.
Sec. 21. The State shall promote comprehensive rural
development and agrarian reform.
MISCELLANEOUS
In addition to the above-discussed provision, Article II
contains the following rules on miscellaneous subjects:
Sec. 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
75
Sec. 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.
Sec. 17. The State shall give priority to education, science
and technology, arts, culture, and sports to foster patriotism
and nationalism, accelerate social progress, and promote
total human liberation and development.
Sec. 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.
Sec. 23. The State shall encourage non-governmental,
community-based, or sectoral organizations that promote the
welfare of the nation.
Sec. 28. Subject to reasonable conditions prescribed by
law, the State adopts and implements a policy of full public
disclosure of all its transactions involving public interest.
76
Article III
BILL OF RIGHTS
Litany of weapons which a person may implore or assert to
resist or defeat any abuse or misuse of governmental
power.
It is primarily directed against the abuses of the government
in the exercise of the massive powers it has at its
command, particularly police power, eminent domain and
taxation.
It is protection against the state.
It governs the relationship between the state and the
individual.
Its concern is not the relation between the individuals,
between a private individual and other individuals, but
rather, it declares some forbidden zones in the private
sphere inaccessible to any power holder.
It restrains the government from invading into the life, liberty
and property of persons.
It is the catalogue of rights that monumentalizes the maxim
ours is a government of laws and not of men.
77
THE DUE PROCESS & EQUAL PROTECTION CLAUSES

Section 1 provides that:
No person shall be deprive of life, liberty or property without
due process of law nor shall any person be denied the equal
protection of laws.
THE DUE PROCESS CLAUSE
The most used (or perhaps abused) weapon available to a
person to arrest the intrusion of government on matters
affecting the life, liberty or property of persons. It is beyond
quantification or definition, elastic and flexible to be able to
meet varied contingencies.
Does the due process clause always require trial-type
proceedings?
Due process, as a constitutional precept, does not always
and in all situations, require trial-type proceedings.
78
What is the essence of due process?

It is found in the reasonable opportunity to be heard and
submit any evidence one may have in support of ones
defense. What the law prohibits is not the absence of
previous notice but the absolute absence thereof and lack of
opportunity to be heard. Due process is equivalent to the law
of the land which means a general law which hears before it
condemns, which proceeds upon inquiry and renders
judgment only after trial.
What is life as protected by the due process clause of the
Constitution?
It includes the right of an individual to his body in its
completeness, free from dismemberment and extends to the
use of God-given faculties which makes life enjoyable.
Life means more than mere animal existence.
It is the enjoyment of all faculties given to man by God: the
right to see, hear, eat, contract, to use any part of the body
79
through which the soul communicates with the outside world.

It includes the right to earn a living or livelihood.
What is liberty in contemplation of the Constitution?
It consists in the ability to do what one ought to desire and in
not being forced to do what one ought not to desire.
Liberty, not a license, the more restraint, the more liberty.
It is freedom to do right and never wrong; it is ever guided by
reason and the upright and honorable conscience.
What is property?
The term includes the right to own, use, transmit, to dispose
or even to destroy, subject to the right of the State and of
other persons; it includes the right to exercise profession. It is
used in its most general sense as embracing everything over
which man has exclusive dominion. The word is used to
denote everything which is subject of ownership, corporeal or
incorporeal, tangible or intangible, visible or invisible, real or
80
personal; everything that has an exchangeable value or which

goes to make up wealth or estate. It extends to every specie
or valuable right and interest and include real and personal
property, easements, franchises and incorporeal
hereditaments and includes every invasion of ones property
rights by actionable wrong.
Who are protected by the due process clause?
It protects all kinds of persons, whether natural or juridical;
includes not only Filipinos but aliens, as well.
What is the standard to be applied in a given case in
order to comply with the due process clause?
Procedural Due Process
It is the fulfillment of the procedures or steps and even
periods prescribed by the fundamental law or statute and in
conformity with the standard of fair play and without
arbitrariness on the part of those who are called upon to
administer the law or justice.
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Substantive Due Process

It is the intrinsic validity of the law that interferes with the
rights of a person to his life, liberty or property. It is the law
that is reasonable and not oppressive and one that responds
to the supremacy of reason.
What are the requisites of procedural due process as
applied in judicial proceedings?
1. There must be a court or tribunal clothed with judicial power
to hear and decide the matter before it.
2. Jurisdiction must be lawfully acquired over the person of
the defendant or over the property which is the subject of
the proceedings.
3. That the defendant must be given the opportunity to be
heard.
4. Judgment must be rendered upon lawful hearing.
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THE EQUAL PROTECTION CLAUSE

A weapon available to an individual to nullify an unreasonable
act of government. It does not forbid classification or
discrimination as long as the classification is reasonable and
the parameter of reasonableness must be based on
substantial distinctions which make real differences. It must
be germane to the purpose of law; it must not be limited to
existing conditions only, and must apply equally to each
member of the class.
Who are protected by the equal protection clause?
All persons are covered. However, insofar as juridical persons
are concerned, the clause only protects their properties.
What is purpose of the equal protection guaranty?
It is designed as a safeguard against the acts of the State and
not against the conduct of private individuals. It serves as a
restraint against favoritism or hostility which the government
may employ in pursuance of their official acts.
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SEARCHES AND SEIZURES

The right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may
produce and particularly describing the place to be searched
and the persons or things to be seized.
What is the measure in determining whether a search or
seizure is reasonable or not?
What constitutes a reasonable or unreasonable search or
seizure in a particular case is purely a judicial question, which
is determinable from a consideration of the circumstances
involved including the purpose of the search, the presence or
absence of probable cause, the manner in which the search
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or seizure was made, the place or thing searched and the

character of the articles procured.
Sec. 3 of Rule 126 of the Rules of Criminal Procedure
mandates that a search warrant must only be issued in
connection with one specific offense. Also, it directs a judge
that before issuing a warrant, he must place the complainant
with the witnesses he may produce under oath or affirmation
and profound searching questions to be reduced in writing
and attach to the record their sworn statements. Noncompliance of these constitutional and statutory elements will
thus make the warrant so issued unreasonable.
Who are entitled to the protection against unreasonable
search and seizure?
The Court held that it is available to all persons, including
aliens, whether accused of a crime or not.
What is a warrant of arrest? Search?
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Arrest is the taking of a person into custody in order that he

may be bound to answer for the commission of an offense.
Search warrant is an order in writing issued in the name of
the People of the Philippines, signed by a judge directed to a
peace officer, commanding him to search for personal
property described therein and bring it before the court.
When is a warrantless arrest lawful?
In the following instances, a warrantless arrest may lawfully
be made by a peace officer or a private person:
1. When in his presence, the person to be arrested has
committed, is actually committing or is attempting to commit
an offense.
2. When an offense has in fact just been committed and he
has personal knowledge of facts indicating that the person
to be arrested has committed it;
3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his
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case is pending or has escaped while being transferred

from one confinement to another.
What kind of property may be seized?
1. subject of the offense
2. stolen or embezzled and other proceeds or fruits of the
offense
3. used or intended to be used as the means of committing an
offense
What are the requisites of a valid warrant?
1. issued in the existence of probable cause.
2. the probable cause must be determined personally by the
judge.
3. the judge must examine under oath or affirmation the
complainant and the witnesses he may produce.
4. the warrant must describe with particularity the place to be
searched and the persons or things to be seized.
5. the warrant must be issued in connection with one specific
offense.
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6. the judge must, in question and answer form, ask searching

questions to be reduced in writing and attach to the record
of the case.
What is probable cause?
Such facts or circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed and that objects sought in connection with the
offense are in the place to be searched.
When may a warrantless search or seizure be made
validly?
1. when the right is waived
2. when it is incidental to a valid arrest
3. when there is a violation of the Tariff and Customs Law
4. search on moving vehicles
5. prohibited objects within the plainview of an agent of the
law and open to his eyes and hands
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PRIVACY OF COMMUNICATION
The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when
public safety or order requires otherwise as prescribed by
law. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any purpose in
any proceeding.
What is the extent of the freedom of correspondence?
The freedom of correspondence clause extends to all kinds of
communications to convey ones views and sentiments.
What are the modes of conveying ones thought?
It may be through letters, telegrams, signals, cables,
telephone or any other mode not prohibited by law.
Are illegally secured evidences admissible in court?
89
Like illegally secured searches and seizures, the Constitution

ordains the inadmissibility of any evidence obtained in
violation of this right for any purpose in any proceeding.
When may the privacy of communication
correspondence be validly violated?
and
1. upon lawful order of the court.

2. when public safety or order requires otherwise as
prescribed by law.
FREEDOM OF EXPRESSION AND ASSEMBLY
No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances.
What is speech to man?
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Speech is the body and soul of man without which his

existence becomes empty and meaningless. The resume of
the sacredness of a God-given gift which is inalienable. It
includes the ancillary right to access to information on matters
of public concern. While freedom of expression is sacred,
such right however is neither a license nor is it illimitable.
What are not permitted in the exercise of freedom of
expression?
The publications and utterances of libelous, blasphemous, or
indecent articles, or other publications injurious to public
morals or private reputation. Likewise, the existence of
government is entitled to protection against seditious attacks.
What is the scope of the freedom of expression clause of
the Constitution?
It covers the entire gamut of human affairs. The use of
symbols, signals, signs, pictures, monuments or any mode of
conveying ones thoughts or views including the right to
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remain silent, come within the purview of the freedom of

expression clause of the Constitution.
What is the purpose of the freedom of expression clause
of the Constitution?
The fundamental purpose is to give every individual the right
to speak out his mind, float ideas in the open market and
invite intellectual dispute with the end purpose of provoking
every person to contribute his ideas, thought and views on
any matter that will help shape a community that is the
product and embodiment of their ideas and thoughts peddled
in an atmosphere of complete liberty without prior restraint
and fear of subsequent punishment.
Two important components the freedom of expression
carries:
freedom to speak and write without prior government
restriction
freedom from any punishment as a consequence of such
speech, utterance or writing
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What is prior restraint as anathematic to the freedom of

expression clause?
Prior restraint carries the import that the State should not,
as a matter of policy, imposed any restriction or condition
before the freedom can be exercised.
Any prior condition attached to the right before an individual
person is allowed to express his views or thought is prior
restraint which is offensive to the constitutional command.
Explain subsequent punishment as a curtailment of the
freedom of expression.
It means that in order to make the freedom of expression
more meaningful, there must be an assurance that after
making any utterance or publication, the author is not subject
to any form of punishment. If the State would imposed
punishment as a condition for such exercise, it would negate
the right and make the freedom of expression a mockery and
a delusion.
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Like any other freedom, the right to expression is not

absolute.
What are the standards that may be used in judging
whether the author of a publication or speech or writing
may be made liable?
The clear and present danger
. . . a working principle that the substantive evil must be
extremely serious and the degree of imminence extremely
high before the utterance can be punished.
Dangerous tendency rule
. . . if the words uttered create a dangerous tendency which
the state has to prevent, then such words are punishable. It
is sufficient that the advocacy be in general terms. Mere
tendency to create evil will suffice to subject the author to
punishment. Under this rule, it is not necessary that
immediate acts of violence and unlawfulness be done. It is
sufficient that the utterance tends to incite the people to do
violence or any other unlawful act.
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Balancing-of-interests doctrine
. . . gives the Court the prerogative, in case there is a collision
between two rights, to determine which right demands the
greater protection. It requires a Court to take conscious and
detailed consideration of the interplay of interests observable
in a given type of situation.
Right of Assembly and Petition
What is the nature and basis of the peoples right to
assembly and petition the government of their
grievances?
The right of assembly is the right of the citizens to meet
peaceably for consultation in respect to public affairs.
Right of Petition
The right of petition is the right of a person or group to
apply without fear of penalty, to the appropriate branch of
government for the redress of grievances.
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The right of assembly and petition is a necessary

consequence of republican institution and the complement
of the right of free speech.
RELIGIOUS FREEDOM
No law shall be made respecting an establishment of religion
or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without
discrimination or preference shall forever be allowed. No
religious test shall be required for the exercise of civil and
political rights.
What is Religion?
Religion is ones relation to his God-Creator.
What is religious freedom?
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Religious freedom is the right of the individual to worship

God according to the dictates of his conscience or not to
worship him at all.
What is the guaranty of the freedom of religion clause?
The freedom of religion clause of the Constitution guarantees
mans liberty to worship his Maker in whatever form and in
whatever language as long as the expression does not collide
with accepted norms of social order and decency. The
serenity of ones communion with his Master is not however
absolute. If the actualization of ones belief is at war with
established standards of morality, decency, public order,
policy and the law, then the act may be restrained by the
State in the name of law and order.
What is the nature and extent of religious freedom?
Religious freedom is the right of an individual to worship God
according to the dictates of his conscience, or not to worship
him at all. The right is intended to allow every man to
entertain such notions respecting his relations to his Master
97
and the duties imposed, as maybe approved by his judgment

and conscience and to exhibit his sentiments in such form of
worship as he may think proper, not injurious to the equal
rights of others and to prohibit any legislation for the support
of any religious tenets or the modes of worship of any sect.
Two aspects of religious freedom:
Freedom to believe it is absolute, infinite and limitless
and beyond regulation.
Freedom to act it may be regulated if the actualization of
such beliefs clashes with accepted norms of social behavior
and established order and decency.
What is meant by no establishment of religion clause
of the Constitution?
Neither the State nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all
religions or prefer one religion over another. It was intended
to erect a wall of separation between the Church and the
State.
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What are the acts prohibited under the guaranty of

religious freedom?
1. the enactment of laws prohibiting the establishment of
religion.
2. the enactment of laws prohibiting the free exercise
thereof.
3. the enactment of laws prohibiting the free exercise and
enjoyment of religious profession and worship and
enacting discriminating laws.
4. religious test as a requirement for the exercise of civil or
political rights.
5. allocation of public money or property, directly or
indirectly, for the use, benefit or support of any sect,
church, denomination, etc.
RIGHT TO TRAVEL
Section 6
The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon
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lawful order of the court. Neither shall the right to travel be

impaired except in the interest of national security, public
safety and public health, as may be provided by law,
International Law strengthens right to travel and to
return.
The right to choose where one desires to live and of changing
the same is a constitutionally protected right. The freedom of
movement or locomotion assumes more significance in the
light of international covenants which likewise recognize this
right.
Ex.: Art. 13, Declaration of Human Rights
It guarantees a mans right to freedom of movement and
residence within the borders of a State, including the right to
leave for any country and the right to return to ones country.
Art. 12, International Convention on Civil and Political
Rights (Philippines, a signatory)
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It declares the right of everyone to freedom of movement and

to choose his residence and may not be deprived of the right
to enter his own country. Where the right is impaired, the
individual has ample weapons at his command to protect a
transgression of such right like availment of the writ of
mandamus or habeas corpus to seek release from
deprivation of liberty and civil action for damages against
those responsible for the violation of this right. The right to
travel and of changing the same is, however, not without
restriction. The overriding police power of the State may limit
such right. Thus, a leper may not be allowed to freely
socialize with the public and may be confined to a
leprosarium against his will.
RIGHT TO INFORMATION
The right of the people to information on matters of public
concern shall be recognized. Access to official records and to
documents and papers pertaining to official acts, transactions
or decisions, as well as to government research date used as
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basis for policy development shall be afforded the citizen

subject to such limitations as may be provided by law.
Freedom of the press and expression will be rendered
useless unless the media are given free access to information
on matters of public concern. This is their duty to the public
and the people. Strengthening this right of the people is the
policy declaration that the State adopts and implements a
policy of full disclosure of all its transactions involving national
interest. To maximize the right of the people to information,
the media members are to keep inviolate and forever secret
the source of their news story or reports conveyed to them in
confidence.
What is the basis of the peoples right to information?
In the Declaration of State Policies, it is mandated that the
State adopts and implements a policy of full disclosure of all
its transactions involving public interests, subject to such
reasonable conditions prescribed by law.
What is the nature of the peoples right to information?
102
It is a political right exercisable exclusively by Filipino citizens.

It is a right that keeps the whole citizenry well informed of
matters that concern their lives.
What is the meaning of public concern?
The term public concern is beyond measurement. In
determining whether or not a particular information is of public
concern, there is no rigid test which can be a applied. Public
concern like public interest is a term that eludes exact
definition. Both terms embrace a broad spectrum of subjects
which the public may want to know, either because they
directly affect their lives, or simply because such matters
naturally arouse the interest of an ordinary citizen.
Is the right to information absolute?
No. The Constitution does not open every door to any and all
information. Under the Constitution, access to official records,
papers, etc. is subject to limitations as may be provided by
law.
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What are excluded from the privilege?

Trade secrets, confidential, commercial and financial
information of a person or corporation and matters affecting
national security are excluded from the privilege.
RIGHT TO FORM ASSOCIATIONS
Section 8 reads as follows:
The right of the people, including those employed in the
public and private sectors to form unions, associations or
societies for purposes not contrary to law shall not be
abridged.
Is man by nature a loner?
Man is inherently not a loner. He is gregarious and continually
seek companionship for intellectual, physical and spiritual
fulfillment. He does not imprison himself within the four walls
of his house. Even within the confines of the prison
compound, a prisoner nevertheless associates himself with
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his fellow prisoners to seek solace, unburden himself of his

problems or share his joys and pains of life. All these are
manifestations of mans inherent love for people with whom
he associates himself.
What is the purpose of the right to form associations?
It is to enable an individual to join others of like persuasion to
pursue common objectives and to engage in activities
permissible under, if not actually encouraged by law, the
regime of liberty provided for in the fundamental law. This
right is intended to enhance opportunities of human beings
and to widen the sphere for the expression of personality.
What is the extent of the right to form associations?
The right is circumscribed by the phrase not contrary to
law. Any association that is not contrary to law is allowed
and those organizations which are prohibited by law like
illegal assemblies and illegal associations punishable by the
Revised Penal Code are contrary to law, hence not coming
within the protective mantle of the Constitution.
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EMINENT DOMAIN
Private property shall not be taken for public use without just
compensation.
What are the three stately powers of the government?
The stately powers of government, preservatory weapons to
assure state continuity. When a state is born, its birth ipso
facto carries with it the authority to exercise the three powers
of the state:
1. Police Power
2. Eminent Domain
3. Taxation
What is the capital purpose of the three stately powers?
The exercise of these powers would indicate not a
polarization but a mingling of the three powers to achieve
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their capital purpose of forwarding and upgrading the quality

of life of the people. In other words, the three powers may be
employed simultaneously, coordinately and complimenting
each other whenever necessary rather than alternately or
separately to enable government to actualize its goals. The
inherent powers of the State are enduring and co-terminus
with the life of the State itself.
The three powers have a common denominator:
They all underlie the Constitution and rest upon necessity
because there can be no effective government without
them.
They exist independently of the Constitution as a
necessary attribute of sovereignty.
They are as enduring and indestructible as the State itself.
They constitute the three methods by which the State
interferes with private rights.
Each presupposes an equivalent compensation:
107
*Police Power through the maintenance of healthy,

clean and orderly society.
*Eminent Domain just compensation.

*Taxation protection and benefits extended by the
government.
They are all legislative in character.
The three powers differ in the following:
In the nature of compensation:
Police Power is intangible.
Eminent Domain and Taxation are more concrete.
In eminent domain, full and just compensation of the
property taken.
In taxation, the protection and improvements extended by
the government for the commonwealth.
As to the nature of property taken:
Police power involves destruction or confiscation of
property which are noxious.
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Eminent Domain and Taxation, the property taken is for

public purpose or use.
Police Power and Taxation are inherently exercisable only
by the government while Eminent Domain may be
exercised by private entities upon valid delegation.
Police Power regulates both liberty and property while
Eminent Domain and Taxation are addressed to property
rights only.
POLICE POWER
Police Power is the most dominant of the three powers of
government. It is the sovereign power to promote the
general welfare. Police Power is the interference by the
State on the entire gamut of human life --- from conception
to death, a destination unknown and unraveled as yet.
Characterize Police Power
Protection to all great public needs which is the most
demanding most pervasive and the least limitable of the
three powers of the State.
109
The law of overwhelming necessity.

The most essential, insistent and illimitable which enables
the State to prohibit all hurtful things to the comfort, safety
and welfare of society.
It is a power emanating from or conferred by the
Constitution but inherent in a State, plenary, suitably vague
and far from precisely being defined, rooted in the
conception that men in organizing the State and imposing
upon the government limitations to safeguard constitutional
rights did not intend thereby to obstruct unreasonably the
enactment of such salutary measures to ensure communal
peace, safety, good order and welfare.
What is the basis of Police Power?
Police Power is based on the Latin maxim:
110
SALUS POPULI SUPREMA EST LEX (the welfare of

the people is the supreme law) and
SIC UTERE TUO UT ALIENUM NON LAEDAS (so use
your own as not to injure others).
Police Power calls for the subordination of individual interests

to the interest of the greater number of people.
What and who are subject to Police Power?
Police Power being the plenary, absolute and comprehensive
power vested upon the legislature to enact, ordain, make and
establish wholesome and reasonable laws, subject all
persons and property including occupation to its most
pervasive scope. Even personal liberty may be interfered
with for the realm of Police Power is to guard against the
abuse of individual liberty.
Who may exercise Police Power?
The exercise of police power is principally lodged in the
Congress of the Philippines under its complete and omnibus
power to enact laws, restricted only to the Constitution.
However, pursuant to a valid delegation of authority from
Congress, the President and local government units may
exercise such powers. The Local Government Code of 1991
111
explicitly grants to the local government units the power to

enact laws that will promote the welfare of the people.
THE POWER OF EMINENT DOMAIN
Like Police Power, Eminent Domain is inherent in every
State. Any provision of the Constitution on the matter merely
serves to restrict its exercise in order to protect the individual
against whose property the power is sought to be enforced.
Who may exercise the power of Eminent Domain?
The power of Eminent Domain is essentially a legislative
prerogative but Congress may validly delegate the same to
other governmental agencies or even to private entities
whose services are geared to meet essential needs, unless
prescribed by the Constitution.
What property may be expropriated?
The scope of Eminent Domain is broad enough to include
all kinds of private property.
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Real and personal property, except money and rights in

action, may be taken by expropriation.
The franchise of a corporation may be taken by Eminent
Domain.
The owner cannot claim that such an act is an impairment
of the obligations of contract and therefore, illegal.
Condemnation proceedings do not impair the contract, do
not break the obligation, but appropriate it for public use.
What is meant by public use?
The traditional concept of public use means anything that has
strict benefit to the public. These conventional concept of
public use as relating to the construction of public buildings,
plazas, schools, schoolhouses, streets, bridges and the like,
is an antiquarian view and antagonistic to the challenge of
development and growth.
May church properties be expropriated without
assaulting the Doctrine of Separation of Church and
State?
113
Yes. The Power of Eminent Domain which is designed to

promote the common good and welfare is more superior that
the principle of Separation of Church and State.
When is there compensable taking?
When the following conditions concur:
The expropriator must enter a private property.
The entry must be for more than a momentary period.
The entry must be under warrant or color of legal authority.
The property must be devoted to public use or otherwise
informally appropriated or injuriously affected.
The utilization of the property for public use ousts or divests
the owner and deprives him of beneficial enjoyment of the
property.
What is just compensation?

It means a fair and full equivalent for the loss sustained from
the act of expropriation. This fair and full equivalent is the
market value of the property taken, plus the consequential
114
damages, but minus the consequential benefits, if any,

provided the consequential benefits shall not exceed the
consequential damages.
THE POWER OF TAXATION
Taxation
Taxation, which is the power of the State to impose burdens
or impositions on persons, properties, services, occupations
or transactions is, like Police Power and Eminent Domain,
inherent in sovereignty.
Without taxes, government will perish as an institution. . .
It is one of the preservatory weapons of the State to keep
itself alive and dynamic, hence, necessity demands its
exercise by the State without need of any express authority,
constitutional or otherwise.
Taxes . . . . . lifeblood of the government.
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The obligation of the people to pay taxes is corollary to the

duty of the State to give and extend protection to its people.
What is Taxation?
Taxation is the power inherent in sovereignty to raise
revenues to defray the necessary expenses of government or
for any public purpose. Where a State is denied the power to
tax, then government, as a fundamental requisite of
statehood, will perish as a consequence of lack of funds to
support it.
What is taxation? (Definition)
Taxation is the financial burden imposed by a State on
persons, whether natural or juridical, within its jurisdiction for
property owned, income earned, business or profession
engaged in, or any, such activity analogous in character for
raising the necessary expenses to take care of the
responsibilities of government.
What is the basis of the power to tax?
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The justification of the demand is found in the reciprocal

duties of protection and support between the State and those
that are subject to its authority and the exclusive sovereignty
and jurisdiction of the State over all persons and property
within its limits for governmental purposes.
Who may exercise the Power to Tax?
The power to tax is fundamentally a prerogative vested in the
plenary and comprehensive power of the legislature to enact
and ordain laws. However, such power may be delegated to
local government units by legislative fiat under such terms
and conditions as are stipulated in the law.
What are the limitations of the power to tax?
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Inherent Limitations:
It must be exercised by the legislature.
It must be for public purpose.
It must be applied only within the territorial jurisdiction of
the taxing State.
International Law on Comity.

Constitutional Limitations:
Due Process and Equal Protection Clauses
Non-impairment of persons for failure to pay poll tax.
Rule on taxation shall be uniform and equitable.
Tariff Bills must originate exclusively from the House of
Representatives.
Must respect the persons and properties enumerated in
the Constitution exempted from taxation.
Legislative exemption from taxation must be with
concurrence of the majority of the Members of Congress.
Non-impairment of Contracts.
What is meant by public purpose?

Public purpose as used in taxation has a specific reference to
objects for which the government is to provide. Also, a place
in which the public has an interest as affecting the safety,
health and morals and welfare of the community.
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How does the government tax the people?

Explain the territorial concept of taxation.
Since taxation is a prerogative exercisable by the
legislature, tax laws, like any other law, must operate only
within the territorial limits of the enacting authority. It
cannot extend beyond its boundaries except under
certain circumstance.
Explain the concept of uniformity in taxation.
A tax is considered uniform when it operates with the same
force and effect in every place where the subject may be
found.
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Equality and uniformity means... Equality and

uniformity in taxation means that all taxable articles or
kinds of property of the same class shall be taxed at
the same rate.
The taxing power has the authority to make reasonable and

natural classification for purposes of taxation.
What is double taxation?
Double taxation means that one person or any subject of
taxation shall directly contribute twice to the same burden
while other subjects of taxation belonging to the same class
are required to contribute but once.
What are the requisites of double taxation?
The taxpayer is tax twice in the same taxable period for the
same subject matter. The tax imposed by the same
government or jurisdiction.
NON-IMPAIRMENT OF CONTRACTS
No law impairing the obligation of contracts shall be passed.
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What is a contract?
A contract is a law between the parties. Every person has the
right to enter into a lawful contract which is part and parcel of
the liberties of the people.
Can lawful contracts be altered by the government?
Lawful contract entered into by any person cannot, by whims
and caprices, be altered by the government unless dictated
by the highest interest of the nation. Thus, even a lawful
contract must yield to the police power of the state in the
interest of public health, public safety, moral and general
welfare.
What is the purpose of the non-impairment of contract
clause?
To safeguard the integrity of valid contractual obligations
against unwarranted intrusion or interference by the State?
121
What contracts are protected by the non-impairment

clause?
The word contract means a lawfully binding agreement in
respect to property, either expressed or implied, executory or
executed, between parties, or between the State and a
private party, or charter, or franchise from the State.
When is there an impairment of contract?
A party is deprived of the benefits of the contract.
A law takes away from a person the rights accruing to him
by virtue of such contract.
The statute alters the terms and conditions of the contract
by adding new duties or terms or lessening the burden of
one of the parties.
When may a contract, notwithstanding its validity, be
impaired?
Police Power
Eminent Domain or Taxation
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When the right to impair is reserve.

FREE ACCESS TO COURTS
Section 11
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person
by reason of poverty.
The 1987 Constitution has expanded the privilege of the poor
to accessibility not only to courts but now includes quasijudicial bodies. A poor litigant is entitled to free and adequate
legal assistance.
In criminal cases, the court is mandated to appoint a counsel
de officio if the accused cannot afford to engage the services
of a counsel de parte. In quasi-judicial bodies, a pauper
litigant may avail of the services of government lawyers under
the Public Attorneys Office.
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RIGHT TO BE INFORMED TO SILENCE AND COUNSEL

Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent, and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel he must be provided with one.
These rights cannot be waived except in writing and in the
presence of counsel.
No torture, force, violence, threat, intimidation or any other
means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
Any confession or admission obtained in violation of this or
Section 17 hereof, shall be inadmissible in evidence against
him.
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The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices and their
families.
When did the Miranda Doctrine came into Philippine
jurisdiction?
The right of a person to be assisted by counsel when under
investigation for the commission of an offense is of American
rootage and found its way in this jurisdiction on January 17,
1973, the day the 1973 Constitution took effect. The Miranda
Rule was constitutionalized in 1973 by providing therein that
any person under investigation for the commission of an
offense shall have:
the right to remain silent;
the right to have a competent and independent counsel
preferably of his own choice;
to be informed of such right.
May all the rights under Sec. 12 be waived?
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No. Only the right to remain silent and to be assisted by

counsel can be the subject of a waiver provided that it is in
writing and in the presence of counsel. The right to be
informed cannot be waived.
When does the right to counsel start?
The right to counsel begins when a person is taken into
custody to answer for the commission of an offense. Incustody interrogation is regarded as the commencement of
adversary proceedings against the suspect. The right to
counsel attaches only upon the start of the investigation, that
is, when the investigating officers start to ask questions to
elicit information and/or confessions or admissions from the
accused.
What is the rationale behind the right to counsel?
The rationale of the right to counsel during custodial
investigation is to preclude the slightest coercion as would
lead the accused to admit something that is false.
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What is meant by custodial investigation?

Any questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of
his freedom of action in any significant way.
RIGHT TO BAIL
Section 13 reads as follows:
All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of
the writ of habeas corpus is suspended. Excessive bail shall
not be required.
The right to bail is corollary to the right of the people to liberty.
Bail is a matter of right to all persons before final conviction
except those charged with offenses punishable by reclusion
perpetua.
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Offenses under R.A. 6968 dated October 24, 1990 carry a

penalty of reclusion perpetua:
murder
rape
rebellion
treason
parricide
kidnapping
Offenses not entitled to bail:

R.A. 7659, under Heinous Crimes Law are not entitled to bail
except possession or use of prohibited drugs which is based
on quantity.
What is bail?
Bail is the security given for the release of a person in
custody of law, furnished by him or a bondsman, conditioned
upon his appearance before any court as required under the
conditions therein specified.
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What is the purpose of the bail?

Its purpose is to relieve an accused from imprisonment until
his final conviction and to secure his appearance in court.
May the right to bail be exercised even if the writ of
habeas corpus is suspended?
Yes. The inviolable rule now under the 1987 Constitution is
that the right to bail is exercisable even when the privilege of
the writ of habeas corpus is suspended.
When is an accused entitled to bail as a matter of right?
All persons in custody shall:
before and after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities and
Municipal Circuit Trial Court; and
before conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life
imprisonment be admitted to bail as a matter of right with
129
sufficient sureties, or be released on recognizance as

prescribed by law or this rule.
When is bail a matter of discretion?
Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua or life
imprisonment, the court, on application, may admit the
accused to bail.
The court, in its discretion, may allow the accused to
continue on provisional liberty under the same bail bond
during the period to appeal subject to the consent of the
bondsman.
If the court imposed a penalty of imprisonment exceeding
six (6) years but not more than twenty (20) years, the
accused shall be denied bail, or his bail previously granted
shall be cancelled, upon showing by the prosecution, with
notice to the accused of the following or other similar
circumstances:
That the accused is a recidivist, quasi-recidivist, or habitual
delinquent or has committed the crime aggravated by the
circumstance of reiteration;
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That the accused is found to have previously escaped from

legal confinement, evaded sentence, or has violated the
conditions of his bail without valid justification;
That the accused committed the offense while on probation,
parole or under conditional pardon;
That the circumstance of the accused or his case indicate
the probability of flight if release on bail; or
That there is undue risk that during the pendency of the
appeal, the accused may commit another crime.
May a person who is charged with an offense punishable
by reclusion perpetua and where evidence of guilt is
strong be totally denied the right to bail?
As a rule, a person who is charged with an offense carrying
the penalty of reclusion perpetua and where the evidence of
guilt is strong cannot exercise the right to bail, EXCEPT for
humanitarian health reasons which is addressed to the
discretion of the courts.
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Is the right to bail available to military personnel who are

deprived of their liberty or are otherwise in the custody of
the law?
No. The unique and traditional structure of the military
exempts the military personnel thereof from the coverage of
the Bill of Rights.
THE RIGHTS OF THE ACCUSED
No person shall be held to answer for a criminal offense
without due process of law.
In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right
to be heard himself and counsel, to be informed of the nature
and the cause of the accusation against him, to have a
speedy, impartial and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the
attendance of the witnesses and the production of evidence in
132
his behalf. However, after arraignment, trial may proceed

notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is
unjustifiable.
What does the due process in Section 14 mean?
The due process clause in Sec. 14 may be interpreted to
mean all the rights available to the accused from the time a
complaint or information is filed against him in court imputing
the commission of an offense up to the time that he is finally
convicted.
Necessarily, therefore, the rights must be subdivided into:
rights before trial,
rights at the trial and
rights after trial.
Rights Before Trial
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Preliminary Investigation
Right to Counsel
Right to Bail
Accused conveyed the Miranda Rights
Right against self-incrimination
Preliminary Investigation
After a complaint has been filed against an accused and
before his arrest, he is entitled to a preliminary investigation
to determine whether there is a sufficient ground to engender
a well-founded belief that a crime imputable against the
accused has been committed.
Right to Counsel
A person who is arrested in flagrante or surrenders to the
authorities is entitled to counsel from the moment of the arrest
or surrender and he may not be asked questions in
connection with the offense without the assistance of counsel
as custodial investigation is deemed to have started.
134
Right to Bail
Upon the arrest of the accused, he may exercised his right to
bail as long as the offense committed is not punishable by
reclusion perpetua and the evidence of guilt is strong.
If the accused is arrested in virtue of an irregular warrant,
he may ask for its quashal.
If the accused is unable to post the required bail and is
detained, he is entitled to be visited by his counsel or any
member of the bar upon request of any person made in
his behalf.
The accused may confer privately with his counsel at any
hour of the day or in urgent cases, of the night.
Accused conveyed the Miranda Rights
During custodial investigation, the accused may be conveyed
the Miranda Rights --- his right to remain silent and the
services of a competent and independent counsel of his own
choice, or, if he cannot afford the services of one, the
government must provide him with counsel. His right to
135
remain silent and to counsel cannot be waived unless it is in

writing and in the presence of counsel.
Right against self-incrimination
Also during in-custody investigation, the accused may
properly invoke his constitutional right against self
incrimination. Additionally, during custodial investigation, a
confession may not be extracted from him with the use of
violence, force, threat, intimidation or any other means which
vitiate consent.
Any confession secured from the unwilling lips of the accused
is inadmissible in evidence. During his interrogation, the
accused may not be placed in secret detention places,
solitary or incommunicado or other similar forms of detention.
Rights of the Accused at Trial
136
Presumption of Innocence
The Right to be Heard and Counsel
Nature and Cause of Accusation
Right to Speedy, Impartial and Public Trial

Right to Confrontation
Compulsory Process
Trial in Absentia
Presumption of Innocence
Notwithstanding the filing of a case against the accused in
Court, the Constitution presumes him to be innocent until the
contrary is proved. The rule is: innocence and the exception
is guilt --- pronouncement beyond reasonable doubt.
One who alleges must prove A maxim in law that
underscores the presumption of innocence is --- he who
alleges must prove. Thus, this strict standard is deemed not
satisfied simply because the accused has submitted an
implausible defense, because the prosecution must rely on
the strength of its evidence and not on the weakness of the
defense. The burden of proving the guilt of the accused
beyond reasonable doubt is addressed to the prosecution.
137
How can the constitutional presumption of innocence be

overcome?
The presumption of innocence rule can only be overcome by
the strongest evidence removing all doubts about ones guilt
or pleads guilty in open court. The right to be presumed
innocent must be offset by guilt beyond reasonable doubt. It
is a cardinal rule in our criminal justice system that to deprive
a person of his precious life or liberty, the evidence against
him must stand the crucible test of reasonable doubt to
overcome the constitutionally guaranteed presumption of
innocence rule.
What is the basis of the right to be presumed innocent?
The presumption of innocence founded on the principle of
justice is intended not to protect the guilty but to prevent, as
far as human agencies can, the conviction of an innocent
person. It is an absolute protection against conviction and
punishment except, first, on confession in open court and,
second, on proof of guilt beyond reasonable doubt.
138
How may the presumption of innocence be overcome in

criminal cases?
The presumption of innocence of the Constitution may only
be overcome if the accused pleads guilty in open court or his
guilt proven beyond reasonable doubt. Any doubt as to the
guilt of the accused must be resolved in his favor and against
the State.
Accusation is not synonymous with guilt
Who has the duty of overcoming the presumption of
innocence clause that is constitutionally assigned to the
accused?
The Prosecution. Accusation is not, according to the
fundamental law, synonymous with guilt. It is incumbent on
the prosecution to demonstrate that culpability lies. There is
need, therefore, for the most careful scrutiny of the testimony
of the State, both oral and documentary, independently of
whatever defense offered by the accused. It is thus required
that every circumstance favoring his innocence be duly taken
139
into account. The proof against him must survive the test of
reason, the strongest suspicion must not be permitted to
sway judgment. The conscience must be satisfied that on the
defendant could be laid the responsibility for the offense
charged; that not only did he perpetrate the act but that it
amounted to a crime. Calling the accused first to prove selfdefense violates presumption of innocence rule.
Nature and Cause of Accusation
The right to know the nature and the cause of accusation is
strengthened in the Rules of Court by directing that the
accused be arraigned in open court by the judge or clerk by
furnishing him a copy of the complaint or information with the
list of witnesses and reading the same in a language or
dialect known to him and asking him to enter a plea.
Arraignment
After the case has been filed in court, the accused is entitled
to know the nature and the cause of the accusation against
him. This is known as the arraignment where the accused is
140
furnished a copy of the complaint or information with the list of

witnesses indicated therein and reading in open court the
accusation against him in a language or dialect known to him.
At this stage, the accused may plead guilty or not.
Right to be heard and counsel
After the accused shall have entered a plea, the litigation
process starts. During the trial, the accused is entitled to be
heard by himself and counsel. Where the accused cannot
afford the services of counsel de parte, the court is under
obligation to appoint a counsel de officio.The Constitution
ordains that the accused has the right to be heard by himself
and counsel. The right to be heard is not only available to the
accused but likewise to the State. Depriving the latter of such
right amounts to a denial of due process.
In criminal cases there can be no fair hearing unless the
accused be given an opportunity to be heard by counsel. The
right to be heard would be of little avail if it does not include
the right to be heard by counsel. Even the most intelligent or
educated man have no skill in the science of the law,
141
particularly in the rules of procedure, and, without counsel, he

may be convicted not because he is guilty but because he
does not know how to establish his innocence. The Rules of
Court command the judge that before arraignment, he shall
inform the accused of his right to counsel and shall ask him if
he desires to have one. And unless the accused is allowed to
defend himself in person or engage the service of a lawyer of
his choice, the judge shall appoint a counsel de officio.
Can the accused defend himself personally?
Yes. The accused may be allowed to defend himself
personally when it sufficiently appears to the court that he can
properly protect his rights without the assistance of counsel.
Right to Speedy, Impartial and Public Trial
The accused during trial of his case is entitled to a speedy,
impartial and public trial, to meet the witnesses face to face
and to have compulsory process to secure the attendance of
the witnesses and the production of evidence in his behalf.
The right of the accused to be presumed innocent until the
contrary is proved would greatly be impaired if the accused is
142
not afforded the right to speedily vindicate himself in the

forum where he is accused of a crime. Absent such right to
speedy trial, the accused will be placed in limbo as his case
will remain unresolved perpetually because of unnecessary
and oppressive delays.
What rights of the accused may be invoke to speed up
the disposition of his case?
Thus, the accused may move to speed up the disposition of
his case by invoking his right to speedy trial and if his prayer
is unheeded, he may avail of habeas corpus, as remedy if
restrained of his liberty, or by certiorari, prohibition, or
mandamus for the final disposition of his case. If, however,
the accused deliberately resorts to tactical maneuvers to
delay the early disposition of the case, the State is equally
armed with the right to invoke its right to speedy disposition of
cases before judicial bodies under Section 16, Article III of the
Constitution or proceed with the trial in absentia.
What is meant by speedy trial?
143
Speedy trial is defined as one that is free from vexatious,

capricious and oppressive delays, its salutary object being to
assure that an innocent person may be free from the anxiety
and expense of a expense of a court litigation or, if otherwise,
of having his guilt determined within the shortest time
compatible with the presentation and consideration of
whatever legitimate defense he may interpose.
What is the test in determining whether there is a
violation of the right to speedy trial?
The Supreme Court held that the test of violation of the right
to speedy trial has always been to begin counting the delay
from the time the information is filed in court and must take
into consideration the following circumstances:
144
1)the conduct of both the prosecution and the defendant;

2)length of delay;
3)reason for the delay;
4)defendants assertion or non-assertion of his right; and
5)prejudice to the defendants right to speedy trial.
Is the right to speedy trial available only in criminal

proceedings?
No. All persons have the right to a speedy disposition of their
cases before all judicial, quasi-judicial or administrative
bodies.
What remedies are available to a person whose right to
speedy trial is violated?
Habeas corpus if the accused is restrained of his
liberty.
Certiorari, prohibition or mandamus for the final
adjudication of the case.
What is the meaning and extent of public trial?
It is the right to be heard held openly and publicly to see that
fair play is done to the accused in order to keep judges alive
to their responsibilities. It is not necessary that the whole of
the public be admitted. It is sufficient that the friends of the
accused, his relatives and others who may want to watch the
145
proceedings, in order to see if justice is intelligently and

impartially administered, are given the opportunity to witness
the proceedings.
When may the public be excluded from the courtroom
without violating the right of the accused to a public
trial?
The court may, motu propio, exclude the public from the
courtroom if the evidence to be produced during the trial is of
such a character as to be offensive to decency or public
morals. The court may also, on motion of the accused,
exclude the public from the trial except court personnel and
the counsel of the parties.
Right to Confrontation
The right of the accused to confront the witnesses against
him is an imperative part of due process. It includes the right
to cross-examine the witnesses, violation of which amounts to
a transgression of ones right to due process. It is a
fundamental right not only invocable in criminal proceedings
146
but also in civil as well as administrative proceedings with

quasi-judicial powers. A dying declaration made by a person
under a consciousness of an impending death is not only an
exception to the constitutional right of the accused to confront
and cross-examine the witness against him but also
admissible as an exception to the hearsay rule.
What are the two-fold purposes of the right of
confrontation as applied to criminal proceedings?
147
First and primarily, to secure the opportunity of crossexamination; and

Secondly, to obtain the benefit of the moral impact of the
courtroom atmosphere as it affects the witnesss
demeanor.
Otherwise stated, it insures that the witness will give his
testimony under oath, thus deferring lying by the threat of
perjury charge; it forces the witness to submit to crossexamination, a valuable instrument in exposing falsehood
and bringing out the truth; and it enables the court to
observe the behaviour or demeanor of the witness and

assess his credibility.
Is the right to confrontation available in preliminary
investigation?
No. The constitutional right of an accused to confront the
witnesses against him does not apply to preliminary hearings;
nor will the absence of a preliminary examination be an
infringement of his right to confront the witnesses.
May the right to cross-examine be waived?
Yes. The right to cross-examine is a personal right which
may be waived expressly or impliedly by a conduct amounting
to a renunciation of the right of cross-examination. Thus,
where a party has had the opportunity to cross-examine a
witness but failed to avail of it, he necessarily forfeits the right
to cross-examine and the testimony given on direct
examination of the witness will be received or allowed to
remain in the record.
148
What is the scope of cross-examination?

A witness may be cross-examined by the adverse party not
only to matters stated in the direct examination but also as to
any matter connected therewith. He should be allowed to
cross-examine with sufficient fullness and freedom to test the
witnesss accuracy, truthfulness and freedom from interest or
bias and also to elicit from him any important fact bearing
upon the issue.
Compulsory Process
Will an accused be helpless to secure the attendance of
witnesses in his behalf and to obtain evidence favorable
to him which are in the possession of third persons?
The answer to the question is in the negative. Section 1(g)
of Rule 115 of the Rules of Court complements the
constitutional provision on the right of the accused to have
compulsory process to secure the attendance of the
witnesses and the production of other evidence in his behalf.
149
The right may be exercised by the accused through a motion

addressed to the court for the issuance of a:
subpoena testificandum for persons to testify in his
behalf, or
subpoena duces tecum for the production of
documents or papers in the possession of third
persons.
What is the purpose of the right of the accused to
compulsory process?
The constitutional right of the accused to compulsory process
which includes the attendance of witnesses and production of
evidence in his behalf is intended to assure a full and
unimpeded opportunity for him to meet what in the end could
be a baseless accusation.
Trial in Absentia
Where, therefore, an accused escaped from confinement, his
trial will continue as long as the three (3) indispensable
150
elements of trial in absentia are met. The escape of a

defendant in a criminal case will be considered a waiver of his
right to be present at any stage of the proceedings and the
inability of the court to notify him of the subsequent hearings
will not prevent it from continuing with the trial. He is deemed
to have received due notice.
What is the purpose of the trial in absentia?
The purpose of this rule is to speed up the disposition of
criminal cases, trial of which could, in the past be indefinitely
deferred, and many times completely abandoned, because of
the defendants escaped.
What are the requisites of trial in absentia?
that the accused has been arraigned;
that he has been duly notified of the trial; and
that his failure to appear is unjustified.
Arraignment is jurisdictional and mandatory. Arraignment is
the operative act that gives the court jurisdiction over the
151
person of the accused, absence of which is inexcusable and

fatal. The Rules of Court require that the accused must be
present at the arraignment and must personally enter his
plea.
Arraignment is the indispensable means of bringing the
accused in court and notifying him of the cause he is required
to meet. Failure to arraign the accused is a gross violation of
his right to due process, and, specifically, the right to be
informed of the nature and cause of the accusation against
him.
Rights of the Accused after Trial
If after trial, the accused is convicted and thus the
presumption of innocence is overcome, he is entitled to
appeal his case to the appropriate court.
The accused after his conviction is entitled to a right against
the imposition of excessive, cruel, degrading or inhuman
punishment.
If after trial, the accused is either convicted or acquitted or
the case against him dismissed without his consent, he
152
enjoys the protection of the double jeopardy clause of the

Constitution.
HABEAS CORPUS
The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion or rebellion when
public safety requires it.
What is habeas corpus?
Habeas corpus is a Latin word which literally means you
have the body. In common usage and whenever these
words are used alone, they are usually understood to mean
the habeas corpus and subjiciendum which is a writ or order
directed to a person detaining another and commanding him
to produce the body of the prisoner, or person detained.
What is the primary function of the writ of habeas
corpus?
153
The primary function of the writ of habeas corpus is to release

a person from unlawful imprisonment. In Philippine Law, the
writ of habeas corpus is classified as a special proceeding
which extends to all cases of illegal confinement or detention
by which a person who is deprived of his liberty or the rightful
custody of any person is withheld from the person entitled
thereto.
What then is habeas corpus?
It is an order issued by a judge to an officer or person
commanding him to have the body of the person restrained of
his liberty before the court or judge designated in the writ at
the time and place therein specified.
Who is empowered to suspend the privilege of the writ of
habeas corpus and on what grounds?
The President is empowered to suspend the privilege on two
grounds:
The two grounds are:
154
invasion
rebellion which may not extend beyond sixty (60) days
from date of suspension extendible upon initiative of the
President for a period determined by the Congress if the
invasion or rebellion upon which the privilege of the writ
was suspended still persists.
To whom is the privilege addressed?
It is noteworthy to state that in the 1987 Constitution, the
suspension of the privilege of the writ of habeas corpus is
addressed only to persons facing charges of rebellion or
offenses inherent in or directly connected with invasion. Any
person arrested for such offenses must judicially be charged
within three (3) days, otherwise he shall be released.
What are the limitations on the Presidents power to
suspend the privilege of the writ of habeas corpus?
The suspension of the privilege must not exceed sixty (60)
days. Congress may revoke the suspension made by the
President by at least a vote of the majority of the members of
155
Congress, voting jointly, which revocation may not be set

aside by the President. The suspension of the privilege is
subject to judicial review upon petition by any citizen.
The suspension of the privilege shall apply only to persons
judicially charged for rebellion or offenses inherent in or
directly connected with invasion. Persons or detained or
arrested during the suspension of the privilege shall be
judicially charged within three (3) days otherwise he will be
released.
RIGHT TO SPEEDY DISPOSITION
All persons shall have the right to speedy disposition of their
cases before all judicial, quasi-judicial or administrative
bodies.
Is the right to speedy trial quantifiable?
156
The right to speedy trial is not quantifiable. At best, the

constitutional right to speedy trial is relative and consistent
with reasonable delays taking into account the circumstances
of each case.
What is the difference between speedy trial in Sec.
14(2) and speedy disposition of cases in Sec. 16?
Sec. 14(2) is specifically addressed to criminal prosecutions
which are at the trial stage.
Sec. 16 covers all phases of the proceedings, whether
judicial, quasi-judicial or administrative. Speedy disposition is
broader in concept than speedy trial.
What is meant by speedy disposition of cases as
employed in Sec. 16?
Like speedy trial, the phrase speedy disposition is beyond
quantification. It cannot be measured in terms of days,
months or even years. It should be given a relative concept,
consistent with reasonable delays, taking into account the
circumstance of each case.
157
RIGHT AGAINST SELF-INCRIMINATION

No person shall be compelled to be a witness against
himself.
What is the basis of the right against self-incrimination?
A Philippine case, circa 1904, chronicled the genesis of the
right against self-incrimination saying that it is older than the
government of the United States designed as a protest
against the inquisitorial methods of interrogating the accused
person.
Why was the right against self-incrimination adopted in
the country?
It was adopted in this jurisdiction to wipe out such practices
as formerly prevailed in these islands of requiring accused
persons to submit to judicial examinations and to give
158
testimony regarding the offense with which they were

charged.
Where did the right against self-incrimination originated?
Nemo tenetur seipsum accusare (no one is bound to
accuse himself) is of Anglo-American origin invented to erect
additional barriers for the protection of the people against
despotic and arbitrary use of powers.
From what grounds is the right against self-incrimination
established?
The right against self-incrimination is mandatory and a
substantive right established on broad grounds of public
policy and humanity.
POLICY, because, it would place the witness against the
strongest temptation to commit perjury.
HUMANITY, because it would be to extort a confession of
truth by a kind of duress every specie and degree of which
the law abhors.
159
Thus, no word must be extracted from the very lips of the

defendant. It is his right to remain silent. Any involuntary
extraction from the accused is repugnant to the Constitution
and decrees that any evidence obtained in violation of this
rule is inadmissible.
What is self-incrimination?
It is based on the Constitutional injunction that no person
shall be compelled to be a witness against himself. This is
echoed in the Rules of Court intoning that the accused be
exempt from being compelled to be a witness against himself.
What is the purpose of the privilege?
It is to prohibit the inhuman and obnoxious procedure of
compelling a person to furnish the missing evidence
necessary for his conviction. The intention of the
constitutional privilege is to shield the guilty and imprudent as
well as the innocent and foresighted.
Is the privilege available only in criminal proceedings?
160
No. It is available to all kinds of proceedings.

What does the word compulsion as used in the
privilege connote?
Compulsion does not necessarily connote the use of violence;
it operates to overbeat his will from making a free rational
choice, or impair his capacity for rational judgment would be
sufficient. Moral coercion tending to force testimony from the
unwilling lips of the defendant is also included within the
meaning of compulsion.
FREEDOM OF POLITICAL BELIEFS AND INVOLUNTARY
SERVITUDE
No person shall be detained solely by reason of his political
beliefs and aspirations. No involuntary servitude in any form
shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.
161
Political Belief
Indeed, nobody should be detained solely by reason of his
political beliefs and aspirations. Belief exists only in the mind.
How can one be detained for his political belief when belief is
infinite and illimitable?
Can the government arrest and detain the illimitable
existing only in thoughts?
This provision of the 1987 Constitution is perhaps influenced
by the victims of harassments and intimidations during the
Martial Law administration and the authors of the constitution
responded with cavalier attitude oblivious of the Salonga
Doctrine (February 18, 1985) where the court ruled in clear
and indubitable term: No man deserves to be punished for
his thought (Cogitationis poenam nemo meretur).
If the political belief is, however, translated into action and its
actualization transgresses existing laws, then perforce the act
must be punished for no man is above the law.
162
Involuntary Servitude
The Constitution prohibits an individual to be forced to render
service against his will. This right is interlaced with the right to
liberty. Liberty includes the right to live and work where one
wills. Involuntary servitude is a condition where one is
compelled against his will to work or labor for another whether
he is paid or not.
What is meant by involuntary servitude?
It is a condition of enforced compulsory service of one to
another.
Slavery which is the state of entire subjection of one
person to the will of another.
Peonage which is a condition of compulsory service
based on the indebtedness of the peon to the master.
What is the nature and purpose of the prohibition?
163
The prohibition is a charter of universal civil freedom for all

persons of whatever race or color without discrimination. The
clear import of the injunction is to abolish slavery of whatever
name or form and all its badges and incidents to render
impossible any state of bondage to make labor free, by
prohibiting that control which the personal service of one
man, is disposed of or coerced for anothers benefit which is
the essence of involuntary servitude.
When may involuntary servitude be permissible?
May be imposed as a punishment for a crime whereof the
party shall have been duly convicted.
In defense of the state.
Posse Comitatus (Power of the Country)
Compulsory service on vessels during the life of a contract
or voyage.
RIGHT AGAINST EXCESSIVE FINES
164
Excessive fines shall not be imposed, nor cruel, degrading or

inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous
crimes the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion
perpetua.
The employment of physical, psychological or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
The no excessive and cruel punishment clause of the 1987
Constitution is more expansive that both the 1935 and 1973
Constitutions.
When is a punishment said to be cruel?
A punishment is said to be cruel coming within the
proscription of the Constitution if it is flagrantly and plainly
oppressive, wholly disproportionate to the nature of the
offense as to shock the moral sense of the community.
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Punishments are said to be cruel when they involve torture or

lingering death.
NON-IMPRISONMENT FOR DEBT AND POLL TAX
No person shall be imprisoned for debt or non-payment of a
poll tax.
Who transported the provision in this jurisdiction?
The provision of the Constitution enjoining the nonimprisonment of any person for debt or non-payment of poll
tax was transported in this jurisdiction by the Americans when
they came to our shores. Its availability as a right
commenced during the early part of the 19th century in the
various states of the American Union as a consequence of
the peoples revulsion at the cruel and inhuman practice
which permitted creditors to cause the incarceration or
imprisonment of debtors who could not pay their debts.
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Kinds of liabilities?
Actions ex-delicto are those which grow out of or are
founded upon a wrong or a tort.
Actions ex-contractu are those rights or causes of action
arising out of contract.
What is debt as employed in the Constitution?
It is a liability arising from action ex-contractu and excludes
obligation arising from action ex-delicto.
What is a poll tax?
It is a tax of fixed amount upon all persons, or upon persons
of certain class, resident within a specific territory, without
regard to their property or the occupation which they may be
engaged.
RIGHT AGAINST DOUBLE JEOPARDY
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No person shall be twice put in jeopardy of punishment for

the same offense. If an act is punish by a law and an
ordinance conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
In the beginning was the world and the world shall
end.
That there is always a beginning is an inflexible rule.
Necessarily, there must also be an end. This universal rule
applies to all. A life story unfolds beautifully but may end
painfully. Conversely, a mans life may begin sadly but ends
joyfully. Yes, where there is a beginning there must be an
ending. The universality of this maxim however finds no
application to the Greatest Master-Creator when he said: I
am the alpha and the omega, the beginning and the ending,
the first and the last.
Like life, all proceedings, whether judicial, quasi-judicial or
administrative cases, must have a starting point and terminal
point. In judicial proceedings, either civil or criminal, an action
commenced with the filing of the complaint or information in
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court and a case is deemed terminated upon the finality of the

judgment. The doctrine of res adjudicata, operates to
foreclose any reinstatement of a civil case after the judgment
has become final and executory.
In civil law, for res adjudicata to apply, the following
elements must be present:
the former judgment must be final
must be rendered by a court of competent jurisdiction
must be a judgment on the merits
there must be between the first and second actions
identity of parties, subject matter and cause of action.
The doctrine of finality of judgments extends not only to
courts but likewise to executive agencies performing quasijudicial functions.
In criminal law, when the accused is either acquitted (autre
fois acquit), or convicted (autre fois convict), or the case
against him is dismissed or otherwise terminated without his
express consent, by a court of competent jurisdiction, upon a
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valid complaint or information or other formal charge sufficient

in form and substance to sustain a conviction and after the
accused had pleaded to the charged, the conviction or
acquittal of the accused or the dismissal of the case shall be
a bar to another prosecution for the same offense. Double
jeopardy can validly be invoked to defeat a second
prosecution for the same offense.
Is double jeopardy applicable to administrative cases?
Double jeopardy is addressed exclusively to criminal
offenses. It is a right which is available to avoid a second
jeopardy involving the same offense. Where an act results in
the commission of two or more violations of criminal laws,
legal jeopardy is unavailable as a defense to avail of a
second prosecution.
What is double jeopardy? its purpose?
Double jeopardy is described as a rule of finality, the laudable
purpose of which is to put to rest the effects of the first
prosecution. The Supreme Court underlined the rationale of
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the rule on double jeopardy as a safeguard, without which,

the accused would be placed entirely at the mercy of the
complainant of a never-ending charge which the complainant
may indefinitely hold.
How is double jeopardy expressed?
Double jeopardy is expressed in the maxim nemo debet bis
vexari pro eadem causa (no man shall be twice vexed for one
and the same cause.
What are the requisites for the valid interposition of
double jeopardy?
In order that the accused may be spared the agony of being
subject to another trial and punishment for the same offense,
it is necessary that the following requisites must concur for
double jeopardy to attach:
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1. a valid complaint or information

2. a court of competent jurisdiction
3. the accused has pleaded guilty to the charge
4. the accused has been acquitted or the case dismissed

or terminated without his express consent.
When is an information or complaint sufficient?
An indictment is sufficient in form and substance if the
complaint or information is:
in writing, in the name of the People of the Philippines
subscribed by the offended party, any peace officer or
public officer charged with the enforcement of the law
violated.
in accordance with the elements of sufficiency of
complaint or information enumerated in Sec. 6, Rule
110.
What are the tests in determining when double jeopardy
attaches?
The general rule is that the constitutional protection against
double jeopardy is available where the second prosecution is
for the same offense. Conversely, the right is unavailable
172
where the second offense is different from the first offense,

although the first and the second offenses may be based
upon the same act. The second sentence of Sec. 21, Art. III is
the exception to the rule above-articulated. Thus, the
protection against double jeopardy is available although the
prior offense charge under an ordinance be different from the
offense charge under a national law or statute as long as both
offenses spring from the same act or set of acts.
EX POST FACTO LAW AND BILL OF ATTAINDER
No ex post facto law or bill of attainder shall be enacted.
Ex Post Facto Law
The ex post facto clause of the Constitution is particularly
addressed to criminal laws or punitive statutes only. The
peculiar feature of an ex post facto law is the imposition of
punishment for previous acts which at the time of its
commission are not punishable. A law may be given
173
retroactive effect in civil cases provided it is curative but the

retroactive application of criminal cases is absolutely
prohibited unless favorable to the accused.
What is an ex post facto law?
The more comprehensive meaning of an ex post facto law is
found in the pronouncement of the Supreme Court in Re: Kay
Villegas Kami, Inc. (35 SCRA 429 431, Oct. 22, 1970):
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makes criminal an act done before the passage of the law

which then was innocently performed
aggravates a crime or makes it greater than when it was
committed
changes the punishment and inflicts a greater one when it
was committed
alters the legal rules of evidence and authorizes
conviction upon less or different testimony than what the
law required at the time of the commission of the offense
assuming to regulate civil rights and remedies only which,
in effect, imposes penalty or deprivation of a right from
something which when done was lawful
deprives a person accused of a crime of some lawful

protection to which he was entitled to like protection of a
former conviction or acquittal, or a proclamation of
amnesty.
What are the characteristics of an ex post facto law?
it refers to criminal laws
the law is retroactive
its enforcement is prejudicial to the accused.
Bill of Attainder
A bill of attainder is a legislative act which inflicts punishment
without judicial trial (trial by legislation). Its singular mark is
substitution of legislative punishment in lieu of a judicial
determination of guilt. Here, Congress practically usurps a
judicial function and thus a very serious affront to the doctrine
of separation of powers.
What is the purpose of enjoining Congress not to enact a
bill of attainder?
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To respect the principle of separation of powers between the

legislative and judicial branches of the government.
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Article IV
CITIZENSHIP
Realistically viewed, the most important element of a state is
the people, the aggregate of its citizens or subjects. As set
forth in the Declaration of Principles, the Philippines is a
republican state. Sovereignty resides in the people and all
government authority emanates from them. Thus, the Filipino
people compose the Republic of the Philippines.
What is citizenship?
Citizenship is a membership in a political community which
is personal and more or less permanent in character.
What is a citizen?
Citizen refers to a member of a political community having
the right to exercise all the political and civil privileges
accorded to its members. A citizen of a given state or country
is one who owes allegiance and is entitled to its protection
177
from the basis of legal and political conception of citizenship.

Citizenship is a political status.
The citizen must be proud of his citizenship. He should
treasure and cherish it. The question of citizenship in a
national is of the most vital importance. It is a precious
heritage, as well as an inestimable acquisition.
What is nationality?
Nationality is a membership in any class or form of political
community. Thus nationals may be citizens or subjects.
Nationality does not necessarily include the right or privilege
of exercising civil or political rights.
Citizen distinguish with subject:
A citizen is a member of a democratic political community.
A subject is a member of a monarchial political community.
Modes of acquiring citizenship
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Jus Sanguinis acquisition of citizenship through blood

relationship.
Jus Soli or Jus Loci acquisition of citizenship on the
basis of place of birth.
Naturalization the admission of a foreign subject or
citizen into the political body of a nation and bestowing
upon him of the quality of a citizen.
What is the mode of acquiring citizenship in the
Philippines?
Among the different modes, in the Philippines we observed
the principle of Jus Sanguinis or by blood relations. Thus,
under Sec. 1(2), Art. IV, those whose fathers or mothers are
citizens of the Philippines. Under this rule, it means that if a
child is born under the 1973 or 1987 Constitution and either
father or mother is a Filipino citizen at the time the child is
born, the child is Filipino citizen no matter where he may be
born. Also by express mandate of the Constitution (Sec. 1(4),
Art. IV), the Philippines also provide for naturalization of
aliens to become Filipino citizens.
179
Who are citizens of the Philippines?

Sec. 1, Art. IV of the Constitution enumerates who are
citizens of the Philippines:
Those who are citizens of the Philippines at the time of
the adoption of this Constitution.
Under this, those who are already Filipino citizens at the time
the 1987 Constitution was adopted is already deemed Filipino
citizen. The 1987 Constitution took effect on February 2,
1987, the date that the plebiscite for its ratification was held.
Those whose fathers or mothers are citizens of the
Philippines.
Under this provision which was bodily lifted from the 1973
Constitution, the child is deemed a Filipino citizen if either the
father or mother is a Filipino citizen at the time of its birth
unlike in the 1935 Constitution where both parents should be
Filipinos.
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Those born before January 17, 1973, of Filipino

mothers, who elect Philippine citizenship upon
reaching the age of majority.
Those born before January 17, 1973 or the date of the
adoption of the 1973 Constitution of Filipino mothers are also
citizens of the Philippines provided they elect Philippine
citizenship upon reaching the age of majority. Today the age
of majority is 18, which was lowered down from the previous
majority age of 21.
Those who are naturalized in accordance with law.
Naturalization is the act of admitting an alien to
citizenship.
Qualifications for Naturalization:
Aliens who desire to become Filipino citizens, that to do so,
they must possess all and each of the qualifications for
naturalization prescribed under Philippine Law.
These qualifications are:
181
182
1. The petitioner must not be less than 21 years of age on

the date of the hearing of the petition;
2. He must have, as a rule, resided in the Philippines for a
continuous period of not less than ten years;
3. He must be of good moral character, and believe in the
principles underlying the Philippine Constitution and must
have conducted himself in a proper and irreproachable
manner during the period of his entire residence in the
Philippines in his relation with constituted government, as
well as with the community in which he is living;
4. He must own real estate in the Philippines worth not less
than P5,000.00, or must have some lucrative trade,
profession or lawful occupation;
5. He must be able to speak and write English or Spanish
and any one of the principal Philippine Languages;
6. He must have enrolled his minor children of school age in
any of the public or private schools recognized by the
DepEd where Philippine History, government and civics
are taught or prescribed as part of the school curriculum
during the entire period of the residence required of him,
prior to the hearing of his petition for naturalization as a
citizen.
Disqualification for Naturalization

The following cannot be naturalized as Philippine citizens:
1. Persons opposed to organized government or affiliated with
any association or group of persons who uphold and teach
doctrines opposing organized governments;
2. Persons defending or teaching the propriety of violence,
personal assault, or assassination for the success and
predominance of their ideas;
3. Polygamist or believers in the practice of polygamy;
4. Persons convicted of a crime involving moral turpitude;
5. Persons suffering from mental alienation or incurable
contagious diseases;
6. Persons who, during the period of their residence in the
Philippines, have not mingled socially with Filipinos, or who
have not evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos;
7. Citizens or subjects of a nation with whom the United
Nations and the Philippines are at war;
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8. Citizens or subjects of a foreign country other than the

United States, whose law do not grant to Filipinos the right
to become naturalized citizens or subjects thereof.
Natural-Born Citizens
As defined by the Constitution, a natural-born citizen is one
who is a citizen of the Philippines from birth without having to
perform any act to acquire or perfect his Philippine
citizenship. Those who elect Philippine citizen in accordance
with paragraph (3), Sec. 1 of Art. IV shall also be deemed as
natural-born citizens.
Loss and Re-acquisition of Citizenship
Under our Constitution, Philippine citizenship may be lost and
reacquired in a manner provided by law. Commonwealth Act
No. 63, as amended by Republic Act No. 106 provides for the
manner in which a Filipino citizen may lose his citizenship as
well as the manner on how it maybe reacquired.
Loss of Citizenship
184
Philippine citizenship may be lost:

1. By naturalization in a foreign country.
2. By express renunciation of citizenship.
3. By subscribing to an oath of allegiance to support the
Constitution or laws of a foreign country upon reaching
the age of 21.
4. By rendering service to or accepting commission in the
armed forces of a foreign country.
5. By cancellation of the certificate of naturalization.
6. By having been declared by competent authority a
deserter of the Philippine armed forces in time of war.
Reacquisition of Citizenship
1. Philippine citizenship maybe reacquired:
2. By naturalization
3. By repatriation
4. By direct act of Congress
Effect of Marriage of a Filipino to an Alien
185
Filipino citizens, whether male or female who marries an alien

or a foreigner does not lose his or her citizenship. However,
they do so if by their act or omission are deemed under our
law to have renounced their citizenship.
Dual Allegiance
The Constitution expressly prohibits dual allegiance and
declares it as inimical or unfavorable to national interest and
shall be dealt with by law. It must be noted that dual
allegiance is not the same as dual citizenship in that dual
allegiance has larger, more threatening and insidious
implications than dual citizenship which is seldom intentional
and is usually but a function of the accident of mixed
marriages or of birth on foreign soil.
Review Questions:
1. What is citizenship and distinguish it from nationality?
2. Under the Constitution, who are citizens of the Philippines?
3. Who are deemed natural-born citizens and what is its
significance?
186
4. Enumerate and explain the different modes of acquiring

citizenship.
5. What is Naturalization and what are the qualifications for
naturalization?
6. When may citizenship be lost?
187
Article V
Right to Suffrage
In the scheme of our present republican government, the
people are allowed to have a voice therein through the
instrumentality of suffrage to be availed of by those
possessing certain prescribed qualifications.
What is suffrage?
Art. V of the Constitution provides for the right of suffrage,
which is the right to vote in the election of all officers chosen
by the people, and in the determination of all questions
submitted to the people. Traditionally, suffrage is a political
right enabling every citizen to participate in the process of
government to assure that it derives its power from the
consent of the governed. Alongside, with this, it shall be the
obligation of every citizen qualified to vote to register and cast
his vote.
What is the purpose of suffrage?
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The fundamental purpose of popular suffrage: that of giving

effect to the will of the people as freely and clearly expressed
in the ballots.
Nature of the Right to Suffrage
In the Philippines, suffrage is not a natural right, but a
privilege which maybe enlarged or restricted, granted or
withheld by the State. It is a function of government.
Suffrage is a privilege granted by the State to such persons or
classes of persons as are most likely to exercise it for the
public good. For reason of public policy, certain classes of
persons are excluded from the franchise, such as minors,
idiots, paupers and convicts.
Scope of Suffrage
189
Election the means by which the people choose their

officials for definite and fixed periods and to whom they
entrust, for the time being, as their Representatives the
exercise of the powers of government.
190
Plebiscite is the submission of constitutional

amendments or important legislative measures to the
people for ratification.
Initiative is the power of the people to propose
amendments to the Constitution or to propose and enact
legislation through an election called for the purpose.
There are three (3) systems of initiative, namely:
Initiative on the Constitution which refers to a
petition proposing amendments to the constitution.
Initiative on Statutes which refers to a petition
proposing to enact a national legislation.
Initiative on Local Legislation which refers to a
petition proposing to enact a regional, provincial,
city, municipal, or barangay law, resolution or
ordinance.
Referendum is the power of the electorate to approve
or reject a legislation through an election called for the
purpose.
It may be of two (2) classes, namely:

Referendum on Statutes- which refers to a petition
to approve or reject an act or law, or part thereof,
passed by Congress.
Referendum on Local Law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local
legislative bodies.
Recall it is a method by which a public officer may be
removed from office during his tenure or before the
expiration of his term by a vote of the people after
registration of a petition signed by a required percentage
of the qualified voters.
Qualification of Voters:
It is elemental that not all citizens of a country enjoy all the
rights and privileges of a citizen. The right of suffrage is one
of the functions that all citizens can exercise, but not all
191
citizens are entitled to vote or to become candidates for a

public office.
Hence, the qualifications for voters are:
He must be:
a citizen of the Philippines (male or female)
not otherwise disqualified by law
at least eighteen years of age shall have resided in the
Philippines for at least one (1) year and in the place
wherein he propose to vote for at least six (6) months
immediately preceding the election.
The Constitution enumerates and fixes the qualifications
of those who may exercise the right of suffrage, the
legislature cannot take nor add to said qualification
unless the power to do so is conferred upon it by the
constitution itself.
It must be observed that the Constitution expressly
provides that no literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage.
192
In the past, there was a substitute requirement of cedula

so that one can vote.
This is actually a property requirement which means that
if you are poor and you have no cedula, you cannot vote.
This prerequisite has been eliminated by the present
Constitution.
Persons Disqualified to Vote
Suffrage is a privilege granted by the State to such person or
classes as are most likely to exercise it for the public good.
For reasons of public policy, certain classes of person are
excluded from.
The following shall be disqualified from voting:
193
Any person who has been sentenced by final judgment to

suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon or
granted amnesty. Provided, however, that any person
disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration
of five years after service of sentence. The right of the

State to deprive persons of the right of suffrage by reason
of their having been convicted of crime, is beyond
question. The manifest purpose of such restriction is to
preserve the purity of elections.
Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the
anti-subversion and firearms law, or any crime against
national security, unless restored to his full civil and
political rights in accordance with law. Provided, that he
shall regain his right to vote automatically upon expiration
of five years after service of sentence.
Insane or incompetent persons as declared by competent
authority.
It must be noted that it is not enough that a person has all
the qualifications in order that he can vote. It is still
necessary that he must be registered in the list of voters.
194
Specifically, a citizen in order to be qualified to exercise his

right to vote, in addition to the minimum requirements set by
the fundamental charter, is obliged by law to register, at
present under the provisions of Republic Act 8189, otherwise
known as the Voter Registration Act of 1996.
Review Questions:
195
1. What is the right to suffrage?

2. Under the Constitution, what is the nature of the right to
suffrage?
3. What are the scopes of suffrage? Explain
4. Enumerate and explain the qualifications of voters.
5. What are the three systems of initiative? Explain each.
6. Who are persons disqualified to vote? Explain your
answer.
Article VI
Legislative Department
Congress and Legislative Power
Our government is a tripartite system of government
composed of the three great branches:
Legislative Department
Executive Department
Judicial Department
They are independent but coordinate departments and the
powers of the government have been carefully apportioned
between these three distinct departments.
What is the first branch of the government?
The first branch, the legislative department --- more popularly
known as Congress was granted by our Constitution the
exercise of the legislative power.
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What is Legislative Power?

Legislative power is the authority, under the constitution, to
make laws, and to alter and repeal them. Hence, the lawmaking authority of the government of the Philippines is
Congress. Congress plays a crucial role in our government.
We are a democratic republic, not because we have an
elected President or an independent judiciary, but because
we freely elect the men and women to govern in our name in
Congress.
What are the two houses of the Congress of the
Philippines?
The Congress of the Philippines under the 1987 Constitution
is a bicameral (Bicameralism) congress, consisting of a twohouse legislature: Upper and Lower Houses
Distinguish bicameral from unicameral congress
197
Bicameral congress is a two-house congress (Senate and

House of Representatives)
Unicameral legislature is congress where there is only

one body.
This was a restoration of the bicameral legislature under
the 1935 Constitution that was changed into a unicameral
congress under the 1973 Constitution (National
Assembly).
What are the advantages and disadvantages of a
bicameral legislature?
Bicameral legislature has certain advantages as well as
disadvantages. One of its principal advantage is that the two
houses would produce a healthy check upon each other. The
House of Representatives was expected to reflect the popular
will of the average citizen. The Senate was to provide for
stability, continuity, and in-depth deliberation.
On the other hand, among the disadvantages of such a
legislature includes the lack of fast action in legislation
because in enacting important measure, it still needs to pass
the two chambers and if there are disagreements as to the
198
contents of each, it must undergo again another forum --- the

bicameral conference committee.
Laws Defined
Laws refer to the rules and regulations enacted by the
legislature to guide our action in society, to govern our
relations with our fellow Filipinos and our relation with our
government.
Nature of the Legislative Power of Congress
The nature of legislative power granted to congress is plenary
or full, to which all powers necessary to exercise this power is
granted subject only to such limitations, as are found in (the
Republics) Constitution. Hence, any power, deemed to be
legislative by usage and tradition is necessarily possessed by
the Philippine Congress, unless the Constitution provides
otherwise.
The legislative power granted to Congress is to be
classified into:
199
Constituent, which is the power to amend and revise the

Constitution
Ordinary, which is the power to pass ordinary laws.
However, the grant of legislative power to Congress under the
present constitution is distinct from those granted under the
previous constitutions. The 1935 and 1973 Constitutions
vests to Congress exclusively the exercise of legislative
power. The 1987 Constitution grant of legislative power to
congress is not exclusive by virtue of the provision on
initiative and referendum whereby the people can directly
propose or reject any act or law or part thereof passed by the
Congress. We give emphasis to the fact that we recognize
the power of the people to legislate under the concept of
initiative and referendum.
Composition of the Congress of the Philippines
As mentioned earlier, the Congress of the Philippines is a
bicameral congress consisting of two bodies/houses: the
Senate and the House of Representatives.
200
The Senate is the Upper House

House of Representatives is the Lower House.
How are the members of Congress called?
The members of the Senate are called Senators. The
members of the House of Representatives are called
Representatives or Congressmen and sometimes even
Members of Congress.
Senate of the Philippines (Upper House)
The Senate is the upper chamber of Congress. We actually
looked upon the Senate as the second level to that of the
President and the Vice President. Often, the Senate is also
looked upon as a training ground for the Presidency.
Composition:
201
The Senate consists of 24 members elected at large by

qualified voters, which means that they are national
elected officials.
In fixing the composition of the members of the Senate at

24, no consideration has been made in terms of its
proportion to the number of population.
The composition of 24 would be sufficient in order, first, to
at least attain economy, Senate with only 24 may be able
to achieve quality legislation, instead of putting more in
the Senate. It may be just another body similar to the
Lower House.
Qualifications:
The qualifications for Senators are the following:
Natural-born citizen of the Philippines;
At least 35 years of age;
Able to read and write;
A registered voter;
A resident of the Philippines for not less that two (2) years.
What is a natural-born citizen?
We have learned that natural-born citizens are those who are
citizens of the Philippines from birth without having to perform
202
any act to acquire or perfect their Philippine citizenship. This

implies that those who are naturalized in accordance with law
are not qualified to serve as a member in the Senate.
What is the age requirement?
As to age requirement, must be 35 years of age or over,
which must be possessed on the day of the election, that is,
during the casting of votes and not after or much so on the
day of the proclamation.
Is there any required educational attainment?
There is no requirement as to educational attainment such as
for example, a college degree or higher, as what is required
only is that the candidate must know how to read and write.
What is meant by qualified voter?
They are also required to be registered voters which is
equivalent to the term: qualified voter. A qualified voter is
one having the constitutional qualifications for the privilege,
203
who is duly registered pursuant to law, and has the present

right to vote at the election being held.
What is meant by residency?
And lastly, must be a resident for not less than two years.
Residence for election purposes is used synonymously with
domicile. It is defined as the permanent home, the place to
which, whenever absent for business or pleasure one intends
to return.
Term of Office:
The term of office for Senators is 6 years which shall begin
unless otherwise provided by law at noon on the 30th day of
June after their election.
Term of office distinguish from tenure of office:
Term of office which refers to the period fixed by the
law/constitution during which a member of congress or an
elective official will hold office.
204
Tenure of office which speaks of the actual number of years

during which the official hold the office. It follows that term of
office is generally longer than that of tenure of office.
Are senators allowed to serve more than two consecutive
terms?
No senator can serve for more than 2 consecutive terms, and
since the term of office is 6 years then what is prohibited
under the constitution is more than 12 successive years.
What is the purpose of the prohibition?
The purpose of this prohibition as to the number of years a
person can hold office as senator is to give opportunity to
others who are competent and deserving to be elected
senator.
Is there a limit as to the number of years a person can
serve as a senator?
205
However, it should be noted that there is no limit as to the

number of years a person can serve as Senator. Although he
had already served for two continuous terms, he can still run
again to the same office provided there is an interval.
Is voluntary renunciation of office considered an
interruption of service?
Voluntary renunciation of office for any length of time, like for
example resignation, shall not be considered as an
interruption in the continuity of his service for the full term for
which he was elected.
House of Representatives (Lower House)
The House of Representatives consists of men and women
who are the elected representatives of the Filipino people.
We expect the members of the House to represent our
needs and aspirations and to carry out our desires on matters
of national concern.
206
What is the composition

Representatives?
of
the
House
of
The House of Representatives is composed of 10 times larger

than the membership in the Senate. It is composed of not
more than 250 members unless otherwise fixed by law.
It consists of two kinds of members, namely:
1. District Representatives
Elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila Area. They
constitute the majority (80%) of members of the House of
Representatives.
2. Party-List Representatives
Elected through the party-system of registered national,
regional and sectoral parties or organizations. They constitute
20% of the total number of representatives.
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Qualifications for District Representatives:

Natural-born citizen of the Philippines;
At least twenty five years of age;
Able to read and write;
A registered voter in the district in which he shall be
elected;
A resident of the district in which he shall be elected for not
less than one year.
Like senators, district representatives must also be naturalborn citizens and able to read and write. The age
requirement is lowered to 25 years, which must be possessed
on the day of the election. This will explain why the members
of the House are younger than members of the Senate.
The constitution also requires that an aspirant to the House
of Representatives be a registered voter in the district in
which he shall be elected, a resident thereof for a period of
not less than one year immediately preceding the election.
The purpose of this is to prevent the possibility of a stranger
or newcomer unacquainted with the conditions and needs of
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a community and not identified with the latter, from an elective

office to serve that community.
What
are
the
Representatives?
qualifications
for
Party-List
The qualifications of party-list representatives are the same

as that of the district representatives except a registered voter
and resident of the district.
Qualifications for Party-List Representatives
For party-list representatives, the place of registration to vote
and residence can be anywhere in the Philippines. This is
because a party-list does not represent a district in the House
of Representatives.
What is the Term of Office of the members of the House
of Representatives?
In the 1935 Constitution, the term of office of the members of
the House of Representatives was four years and six years
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for the Mambabatas in the Batasang Pambansa under the

1973 Constitution.
Term of Office
Under the present constitution, the term of office of a
congressman is reduced to three years and like a senator,
shall commence at noon on the 30th day of June unless
otherwise fixed by law next following their election. They can
only be elected for three consecutive years or a continuous
service of 9 years, however, like Senators, there is no limit as
to the number of years a person can hold office as
congressman. They can still be elected for the same office,
provided there is an interruption after serving for 3
consecutive terms.
Apportionment of Legislative Districts
What is apportionment of Legislative Districts?
Apportionment of legislative districts is dividing provinces,
cities and the Metropolitan Manila into legislative districts.
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One District Representative represents a district in the House

of Representatives. He represents the people in the district,
and as such, acts and speaks on their behalf in the lower
chamber of Congress. The ordinance appended to the 1987
Constitution provided for the initial apportionment of
legislative districts in the different provinces and cities.
Congress is empowered under the constitution to make
reapportionment of districts or to increase the number of
districts through general apportionment laws provided the
following rules laid down under the constitution is observed.
What are the rules on the apportionment of legislative
districts?
Legislative districts shall be apportioned among the
provinces, cities and the Metropolitan Manila area in
accordance with the number of their respective inhabitants,
on the basis of a uniform and progressive ratio.
What is uniform ratio?
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Uniform ratio means that each district must be equal in

population, or as equal as possible, thus a congressman
represents a territorial unit whose population is roughly similar
with each other.
What is progressive ratio?
Furthermore, apportionment must also be based on
progressive ratio, which means that the increased in
population in relation to the size of the House of
Representatives must be considered.
Rules on the apportionment on legislative districts
Each city with a population of not less than 250,000 shall be
entitled to at least one representative and each province,
irrespective of population is entitled to one representative.
This insures that every province is represented in the House
of Representatives. Each legislative district shall comprise, as
far as practicable, contiguous, compact and adjacent territory.
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This is intended to prevent gerrymandering, which means the

drawing of legislative district out of separate territories for the
purpose of obtaining partisan advantage. The word
gerrymandering came from the name of Governor Elbridge
Gerry of Massachusetts and the salamander shaped district
that was created to favor his party in the election. Within three
years following the return of every census, the Congress shall
make a reapportionment of legislative districts based on the
standards provided therefore.
Party-List System
The party-list system of representation in the House of
Representatives is one of the innovations introduced by the
1987 Constitution.
What is a party list system?
The party-list is a mechanism of proportional representation in
the election of representatives to the House of
Representatives in the election of sectoral parties or
organizations or coalitions thereof registered with the
213
Commission on Elections. It is a social justice tool designed

not only to give more law to the great masses of our people
who have less in life, but also to enable them to become
veritable lawmakers themselves, empowered to participate
directly in the enactment of laws designed to benefit them.
It is intended to enable Filipino citizens belonging to the
marginalized and underrepresented sectors, organizations
and parties, and who lack well defined political constituencies
but who could contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a whole,
to become members of the House of Representatives.
Congressional Election
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1. Regular Election the regular election of both members

of the Senate and House of Representatives shall be held
on the second Monday of May every three years.
2. Special Election is an election called for to fill a vacant
position in the two chambers of Congress in a manner
provided by law. In case a Senator or a Congressman is
elected in a special election to fill a vacant seat, he shall

only serve for the unexpired term.
Salaries, Privileges and Prohibitions
How much is the salary of a senator and a congressman?
The Constitution fixed initially the annual salary of senators
and congressmen to P204,000.00 each. This is subject to
change by law. But when the members of Congress passed
and approved an increased in their compensation, it shall
take effect only after the expiration of the full term of all the
members of the Senate and the House of Representatives
approving such increase.
What is the purpose on the restriction on increase of
salaries of members of the Legislative Department?
The purpose of this restriction is to provide as legal bar to the
legislators yielding to the natural temptation to increase their
salaries. Note that the power to provide for higher
compensation is lacking, but with the length of time that has
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to elapse before an increase becomes effective, there is a

deterrent factor to any such measure unless the need for it is
clearly felt.
What are the privileges of the members of Congress? Its
purpose?
The members of Congress are accorded under the
Constitution of two parliamentary immunities of privileges. Its
purpose is to enable and encourage a representative of the
public to discharge his public trust with firmness and success.
Privilege from Arrest
Members are privileged from arrest while congress is in
session in all offenses punishable by not more than six years
imprisonment. The purpose for granting members of
Congress immunity from arrest is to ensure that they are not
prevented from performing their legislative duties.
What kind of offense can a member of Congress invoke
to be immune from arrest?
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This includes both civil and criminal offenses, provided it is

not punishable by imprisonment of six years or a member of
Congress can only invoke the immunity from arrest for
relatively minor offenses.
Privilege of Speech and Debate
Members shall not be questioned nor be held liable in any
other place for any speech or debate in Congress or in any of
its committee. This privilege means that members of
Congress cannot be sued or prosecuted for anything they say
or write in connection with their legislative duties.
This guarantees the legislator complete freedom of
expression without fear of being made responsible in criminal
or civil actions before the courts or any other forum outside of
the Congressional Hall. It is indispensably necessary that he
should enjoy the fullest liberty of speech and that he should
be protected.
What are the prohibitions of the members of Congress?
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A member of Congress is prohibited from holding any other

office or employment in the government, or any subdivision or
agency, or instrumentality thereof, including governmentowned and controlled corporations or their subsidiaries,
during his term without forfeiting his seat in, or what is known
as incompatible office. What is not permitted is a
simultaneous or concurrent holding of an office in the
government by members of Congress.
However, he may hold office provided he forfeits his seat
automatically in Congress. It must be noted that not all
positions in the government are considered incompatible
offices, as there are some positions specifically provided
under the constitution which a senator or a congressman can
hold concurrently without forfeiting their seats like
membership in the Electoral Tribunal or Commission on
Appointments.
A member of congress is also not allowed from being
appointed to any office, which may have been created, or the
emoluments thereof increased during the term for which he
was elected, or known as the forbidden office. Under this,
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the member of congress is totally prohibited unlike in the case

of the incompatible office, from occupying such office even if
he is willing to forfeit his seat. However, the ineligibility is
limited only until the expiration of the term of the member of
Congress.
In addition to these, members of congress are not allowed
from personally appearing as counsel before any court of
justice or before the electoral tribunals, or quasi-judicial and
other administrative bodies.
They are also prohibited from being financially interested,
directly or indirectly in any contract with, or in any franchise or
special privilege granted by the government, or any
subdivision, agency, or instrumentality thereof, including any
government-owned and controlled corporation, or its
subsidiary during their term of office.
And lastly, he is restricted from intervening in any matter
before any office of the government for his pecuniary benefit
or where he may be called upon to act on account of his
office.
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What is the intention for the prohibition?

These are all intended to prevent members of Congress from
taking advantage, pecuniary or otherwise, of their position in
their dealings with the courts, or their business operations, or
in their dealings with any government agency or corporation.
This will discourage people from running as Senators or
Congressmen not because of their desire to serve but only to
further advance their own interests.
Organization of Congress
Officers of Congress
The two houses of Congress are formally organized with the
selection of its set of officers. The Senate shall elect its
President and the House of Representatives its Speaker and
such other officers as it may deem necessary.
Leadership in Congress
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The election of officers in both houses of congress is primarily

determined through partisan consideration. When a party
wins a majority of seats in either the Senate or House of
Representatives, they control the leadership in that chamber.
Leadership in the Senate
The officers of the Senate are:
Senate President
President Pro Tempore
Majority Leader
Minority Leader
The Senate President
The Senate President is the presiding officer of the Senate
elected by a majority votes of all its members. It holds office
at the pleasure of its members and may be replaced at any
time. In the political hierarchical order of leadership, the
Senate President is the third highest official of the
government.
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The Senate Pro Tempore

The Senate also elects a president pro tempore from the
majority party, an honorific position who presides when the
Senate President is absent.
The Senate Majority Leader
The party caucuses of ruling party in the Senate elect the
majority leader. He acts as the leader and spokesperson of
the majority party and its principal function is to schedule the
business of the Senate, generally in consultation with the
Senate Minority Leader. He controls the conduct of debates
in the Senate floor and usually has a great influence on
committee assignments of members of the Senate.
The Senate Minority Leader
The minority leader is elected in party caucus of Senators
belonging to the minority party. As such, he is recognized as
the leader and official spokesperson of the minority party.
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Leadership in the House of Representatives

The House leadership has the same set up as that of the
Senate except the title of the positions particularly the
presiding officer, who is called the Speaker of the House.
Leadership in the House of Representatives
The Officers of the House of Representatives:
Speaker of the House

Deputy Speaker for: Luzon, Visayas, Mindanao
Majority Floor Leader
Minority Floor Leader
The Speaker of the House

The Speaker, who presides over the House, is the most
important person in that body. He is elected by majority votes
of all the members of the House, but in practice is chosen by
the majority party. As the presiding officer of the House, the
Speaker decides on all questions of order, refers bills
introduced in the House to the proper standing committees,
223
signs all acts, resolutions, orders issued by or upon order of

the House, appoints members of joint committees and
conference committees, and exercises administrative
functions over house personnel.
Like the Senate President, he also holds office at the
pleasure of the members of the House and likewise may be
replaced any time.
Deputy Speakers for Luzon, Visayas and Mindanao
Aside from the Speaker, the House also elects Deputy
Speakers for Luzon, Visayas and Mindanao who assume the
duties and powers of the Speaker when he is absent. Like the
Speaker, the Deputy Speakers are elected by a majority vote
of all its members.
The Majority Floor Leader
In the House of Representatives, as in the Senate, majority
and minority floor leaders are also elected. The House
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majority leader is selected by the majority ruling party, and

therefore acts as the spokesperson of the party
Under the present set-up of the House of Representatives,
the majority leader also acts as the Chairman of the House
Rules Committee, as such, he is responsible in all matters
relevant to the rules of the house, calendar of bills, floor
deliberations, order of business.
The Minority Floor Leader
The House minority floor leader is usually the losing
candidate for speaker. He stands as the spokesperson for
the minority party. Hence, he works in consultation with the
leading members of the minority parties in the House. The
minority leader is also an ex-officio member of all the standing
committees of the House.
Congressional Committees
The most remarkable organizational structure of Congress is
its set of committees more popularly known as legislative
225
committees. The Committees perform the actual work of

legislation in both Houses of Congress. The initial stage in
the enactment of a law takes place in the Committee.
Legislative Committees
When a bill is introduced by a member of the House of
Representatives or the Senate, it is first referred to the proper
committee who will study the proposed legislation and will
later submit a report which may either recommend the
approval or disapproval of the bill.
Three types of committees in Congress
standing committees
select committees
joint committees.
Standing Committees
Are permanently established legislative committees that
review proposed legislation. They are the only one that
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proposed legislation by reporting a bill out to the full House or

Senate. In Congress, each standing committee is given a
specific area of concern such as Housing, Appropriations, etc.
Select Committees
Are those that are created for a specific purpose and usually
for a limited period only such as conducting an investigation
or to addressed matters of great national concern, i.e.: Select
Oversight Committee on Intelligence Funds, Programs and
Activities, etc.
Joint Committees
Are those created by both Houses of Congress with members
coming from both. An example is the Bicameral Conference
Committee which iron out differences in the versions of bill
passed by the Senate and the House.
Sessions
There are two kinds of session in Congress:
227
regular
special sessions
The House of Representatives hold its session at the
Batasang Pambansa Complex while the Senate at the GSIS
Complex.
Regular Session
A session convened once every year starting on the 4th
Monday of July, unless a different date is fixed by law. It may
continue for such number of days or may last as long as
Congress wishes until 30 days before the opening of its next
regular session, exclusive of Saturdays, Sundays and legal
holidays.
Special Session
A session called by the President while Congress is in recess
generally to consider a legislation he may designate in his
call. Example is the session called by President Gloria Arroyo
to pass into law the power reform bill. The Constitution
228
requires that neither House during the sessions of the

Congress, shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in
which the two Houses shall be sitting.
Quorum
Is the number of members of the body which, when legally
assembled in their proper places, will enable the body to
transact its proper business, or in other words, that number
that makes a lawful body and gives it power to pass a law. A
majority of each shall constitute a quorum to do business. In
case of a smaller number it may adjourn from day to day and
may compel the attendance of absent Members in such
manner, and under such penalties, as such House may
provide. But Congress cannot compel the attendance of
absent members to attend sessions if the reason for the
absence is a legitimate one.
Rules of Procedure
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Are rules made by any legislative body as to the mode and

manner of conducting the business of the body. Hence, rules
of procedure are clearly mandatory for the orderly functioning
of either Houses of Congress. Under the Constitution, both
Houses of Congress may determine its rules of procedure.
They must not however, be contrary to any constitutional
provision, nor violate fundamental rights.
Purpose of the rule:
The purpose of these rules of procedure is to have order in
the conduct of the business of Congress especially on its
principal task of lawmaking. Hence, rules of procedure
includes the procedure in the readings of the bill, the conduct
of debate, session, manner of voting among others.
Journal and Record Proceedings
The Constitution requires that the two Houses of Congress
shall keep a journal of its proceedings and requires certain
matters to be entered in it. Journal is a record of what is done
230
and past in a legislative assembly. It is a day to day record of

the proceedings of Congress.
The two-fold purpose of the Journal:
to ensure publicity to the proceedings;
to provide proof of what actually transpired in Congress.
Matters required to be entered in the Journal:
Yeas and Nays on any question shall, at the request of
1/5 of the members present;
Yeas and Nays on the third and final reading of a bill;
Matters required to be entered in the Journal:
Yeas and Nays on the re-passing of a bill vetoed by the
President;
Veto message of the President;
Such other matter which each House may in its discretion
be entered in the Journal.
Discipline of Members
231
How are members of Congress disciplined for disorderly

behavior?
The two chambers of Congress is vested exclusively the
power to discipline its members for disorderly behavior.
Do courts have jurisdiction over members of Congress
for disorderly behavior?
The determination of what constitute disorderly behavior is
within the exclusive discretion of Congress to determine and
the courts will not assume jurisdiction in any case which will
amount to any case which will amount to an interference by
the judicial department with the legislature. Punishment of
members for disorderly behavior includes suspension and
expulsion.
Suspension
When suspension is imposed as a sanction to a Member of
Congress for disorderly behavior, it should not exceed sixty
days. A member may not be suspended for a longer period
232
of time. The reason is that by a suspension the district will be

deprived of its right to have an active representative in the
legislative department and at the same time is not
empowered to select a new member. Furthermore,
suspension can only be imposed with the concurrence of 2/3
of all its members.
Expulsion
The grounds for expulsion of a member are not provided in
the Constitution. Any cause, however, which either House
may deem sufficient constitutes a good ground for expulsion.
Like suspension, a penalty of expulsion can only be imposed
with the concurrence of 2/3 of all the member of the House of
Congress.
Agencies of Congress
The Electoral Tribunals of the Senate and the House were
created by the Constitution as special tribunals to be the sole
judge of all contest relating to election, returns and
233
qualifications of the members of the legislative houses, and

as such, are independent of Congress.
What is the function and purpose of the Electoral
Tribunals?
It was created to function as a non-partisan court although 2/3
of its members are politicians. The purpose of the
Constitution creating the Electoral Tribunals was to provide
an independent and impartial tribunal for the determination of
contests to legislative office, devoid of partisan
considerations, and to transfer to that tribunal all the powers
previously exercised by the legislature in matters pertaining to
contested elections of its members.
What is the function and purpose of the Electoral
Tribunals?
The electoral tribunals shall be constituted within 30 days
after the Senate and the House of Representatives shall have
been organized with the election of the President and
Speaker.
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Composition of the Electoral Tribunal

1. House of Representatives Electoral Tribunal (HRET)
composed of three Justices of the Supreme Court to be
designated by the Chief Justice and six members of the
Senate chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system
therein.
2. Senate Electoral Tribunal (SET) likewise to be
composed of three Justices designated by the Chief
Justice and six members of the House of Representatives
also chosen on the basis of proportional representation
like in the HRET.
The most senior Justice in each electoral tribunal shall be its
chairman.
Commission on Appointments
The Commission on Appointments is created by the
Constitution as an independent commission in Congress
235
although its members are confined to members of Congress,

to function as a check on the appointing power of the
President. Like the electoral tribunals, the Commission shall
also be constituted within 30 days after the Senate and the
House of Representatives shall have been organized with the
election of the President and Speaker.
Composition
The Commission is composed of twenty five members, the
Senate President as ex-officio chairman, twelve Senators and
twelve members of the House of Representatives. Like in the
electoral tribunal, the members of the Commission are also
chosen on the basis of proportional representation from the
political parties and the parties or organizations registered
under the party-list system.
Functions
The Commission of Appointments which was originally
embodied in the 1935 Constitution functions as a check on
the appointing power of the President, by approving or
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disapproving appointments to important offices in the

government submitted to it by the President.
It shall act on all appointments within thirty days from their
submission. In considering nominations submitted to it by the
President, the Chairman (Senate President) shall not vote
except in case of a tie.
Review Questions:
1. What is the nature of the legislative power granted to
Congress under the present Constitution?
2. Differentiate district from party-list representatives.
3. Who are the officers of both Houses of Congress and what
are their respective duties?
4. Enumerate and discuss the privileges granted to Members
of Congress under the Constitution.
5. What are those matters that are required to be
6. entered in the Journal of each House of Congress?
7. Who has the power to discipline Members of Congress for
disorderly behavior and what are the punishment that may
be imposed?
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POWERS OF CONGRESS
What role does Congress play in Philippine Political
System?
Congress plays an important role in the Philippine political
system. Congress controls major decisions on measures to
help solve substantive problems, national budget, taxes, trade
policy and even appointees to cabinet posts which are all
crucial to the workings of our republican government.
What is the principal function of Congress?
The principal function of Congress is lawmaking, that is, the
enactment of laws serving as binding rules for all Filipinos.
However, the Constitution also grants certain non-legislative
functions to Congress such as the power to declare the
existence of war, the power to remove the President and
other high officials through impeachment, etc.
What are the classification of the Powers of Congress?
238
We can classify the powers of Congress into those that are

specifically granted under the Constitution, those which
Congress enjoy as necessary and proper to the exercise of
those expressly granted and, those that are inherent in
Congress.
1. Enumerated Powers
Refer to those specifically or expressly conferred to Congress
by the Constitution. The enumerated powers of Congress
includes the power to impose taxes, the power of
appropriations, declare the existence of a state of war, power
to act as board of canvassers in the election of the President
and Vice President, the power of impeachment, the power to
propose amendments to the constitution among many others.
2. Implied Powers
Refer to such other powers as are necessarily implied from
the given powers. This includes the power to punish witness
for contempt in the conduct of legislative investigation and
239
oversight, to elect the formal leadership of both houses, to

determine the rules of its proceedings, etc.
3. Inherent Powers
Are those that are neither granted nor implied therefrom, but
rather it refer to those that grow out from the very existence of
Congress. It is sometimes referred to as incidental powers
Congress enjoys.
This includes the three fundamental powers of the state which
are primarily exercised by Congress, i.e.:
police power
eminent domain
taxation.
What is the general legislative powers of Congress?
240
The general legislative powers of Congress refer to its

law-making powers.
Specifically, it refers to the authority of congress to enact,

and this power carries with it the right to amend and
repeal them.
General Legislative Powers
This is considered as the most important congressional
function. However, it must be noted that in the manner of
enacting legislation, it demonstrates the system of checks
and balances through the participation of the President in the
law-making process. Under the Constitution, before a bill
approved by the Senate and House becomes a law, it shall
be presented to the President for his approval.
What are laws passed by Congress called?
Laws passed by Congress are called statutes or republic
acts. An understanding of the law-making powers of
Congress requires knowledge on the limitations and the
elaborate process on how laws are made.
241
What are the limitations on the law-making powers of

Congress?
Although it would appear from the grant of plenary power that
Congress exercised powers, like the boundaries of the
ocean, are unlimited. The authority of Congress, however, to
make laws is subject to certain limitations.
What are the limitations on the law-making powers of
Congress?
The following are the limitations on the law-making powers of
Congress:
Substantive Limitations
Procedural Limitations
1. Substantive Limitations - these refer to the content or
subject matter of the law passed by the Congress.
242
1.a. Express limitations - these are limitations that are

expressly provided under the Constitution like the provision
in the bill of rights on non-passage of laws abridging the

freedom of speech, of expression, or of the press, nonimpairment of obligations and contract, non-passage of ex
post facto law and bill of attainder.
2.a. Implied limitations - those that can be implied from
the nature and character of a legislative power under our
system of government such as the passage of irrepealable
laws and the non-delegation of legislative powers are
permissible in five instances:
Instances where legislative powers are permissible:
delegation of emergency powers to the President;
delegation of tariff powers to the President;
delegation to administrative bodies;
delegation to local government units;
delegation directly to the people.
2. Procedural Limitations - these refer to the process or
manner of passing law. The following are the procedural
limitations provided under the Constitution:
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Limitations under Procedural Limitations:

Every bill passed by Congress shall embrace only one
subject which shall be expressed in the title thereof. The
purpose of the constitutional directive that the subject of a bill
should be embraced in its title is to apprise the legislators of
the purpose, the nature and scope of its provisions, and
prevent the enactment into law of matters which have not
received the notice, action and study of the legislators or of
the public.
No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
members three days before its passage, except when the
President certifies to the necessity of its immediate enactment
to meet a public calamity or emergency.
Law-Making Process
What are the basic procedures in enacting laws?
244
The basic procedure in enacting laws is not provided under

the Constitution in detail. The particular procedure now
adopted by our Congress is quite similar to those observed in
the US Congress and at the same time the result of
parliamentary usage and custom.
Origin of Bills
The first step in lawmaking process is the creation and
introduction of a bill.
What is a bill?
A bill is a draft of a proposed statute or law submitted to the
legislature for enactment.
Who introduces a bill in Congress?
A bill is introduced by a Member of the House of
Representatives or Senate, except to those the Constitution
requires to exclusively in the Senate.
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Who can formally submit a bill for consideration?

Only Members of the Senate and the House can formally
submit a bill for consideration in their respective chambers.
Are interests groups allowed to initiate preparation of
bills?
Although it is usually the Senators and Congressmen who
draft a bill, the President and other interests groups also
initiate preparation of bills to be endorse by a Member of
Congress.
What kind of bills are introduce for approval? Where do
they originate?
Under the Constitution, all appropriations, revenue or tariff
bills, bills authorizing increase in public debt, bills of local
application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or
concur with amendments.
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What are the Parts of a Bill?

A bill passed by Members of Congress contains the following
parts:
1) Title
2) Preamble
3) Enacting Clause
4) Body of the Statute
5) Effectivity Clause.
What is a title?
The title indicates the subject matter of the bill.
As previously discussed, the Constitution requires that every
bill passed by Congress shall embrace only one subject
which shall be expressed in its title.
Example of a Title of a bill:
An Act Introducing Additional Reforms in the Electoral
System and for Other Purposes.
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What is a Preamble?
The preamble is an introductory statement in the bill stating
the rationale or reasons for the enactment, or the intention of
the lawmaker in presenting the measure.
What is an Enacting Clause?
The enacting clause is that part which identifies the authority
that promulgated the bill. The enacting clause used by our
Congress today is: Be it enacted by the Senate and House
of Representatives in Congress assembled.
Is the preamble and enacting clauses essential to the
validity of statutes?
Both the preamble and enacting clauses are not essential to
the validity of the statutes passed by Congress.
What is the Body of the bill?
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The body is the part containing the subject of the law; hence,
this is considered the most important part. The body is usually
divided into titles, chapters, articles, sections and
subsections.
What is the Effectivity Clause?
The effectivity clause is the part of the law which provides the
date when the bill shall take effect. The effectivity clause
usually provides that the law will take effect on a specific date
or immediately upon approval by the President.
What are the procedures in the approval of a bill?
The Constitution provides that before a bill passed by either
House becomes a law, it shall first passed three readings on
separate days with the exception of those which the President
will certify as necessary to meet public calamity.
First Reading
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When a bill is filed by a Member of the House or the Senate

to its respective secretary, the bill will passed the first reading.
What is read and done on the first reading of a bill?
On the first reading, only the number and title of the bill is
read and the Speaker refers it to the proper committee for
consideration.
What is read and done on the first reading of a bill?
The Committee may decide to kill the bill by taking no action
on it or it may consider the bill and conduct a thorough study
by conducting public hearings on the proposed measure. The
committee will later submit a report, recommending the
approval or disapproval of the bill.
What is done on the second reading?
Once the Committee approves the bill, it will be reported to
the Rules Committee to be entered into the house calendar
for second reading by the Full House. On the second reading,
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the entire bill is read before the chamber and it is at this stage
that the bill is debated and amended.
What is the role of the Rules Committee on the second
reading?
The Rules Committee plays an important role at this stage, it
sets the time limit for floor debate, provide for the manner on
how the bill will be amended, and when the bill will be voted
on.
What is read on the third reading, what is not allowed to
be done?
On the third reading, only the title of the bill is read. No
amendment is allowed at this stage.
What is done with the bill if approve by members of both
Houses?
Thereafter, the bill is voted upon for approval. If approved,
the bill is transmitted to the other House where it will undergo
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the same three readings. If it will likewise be approved, it

shall be transmitted to the President for its approval.
Bicameral Conference Committee
To become a law, a bill must be passed in identical form by
both the House and Senate. If there are differences in the
version approved by both houses, the bill is then referred to
the Bicameral Conference Committee to resolve the
differences.
What is the Bicameral Conference Committee?
The Bicameral Conference Committee is a temporary
committee consisting of Members from both Houses formed
to bargain out the bill. Usually the members are appointed
from the standing committees of the Senate and House who
originally worked on the bill.
When does a bill becomes a law?
There are three ways in which a bill becomes a law:
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1. When the President approves and signs it after Congress

has presented the bill to him.
2. When the President does not act upon the bill within thirty
days after it has been presented to him.
3. It shall become a law as if he had signed it.
4. When the bill is vetoed by the President and sent back to
the House where it originated which shall enter the
objections at large in the Journal, the bill becomes a law
when Congress by a vote of two-thirds of all its members
agree to override the veto.
What is a Presidential Veto?
A veto is the power of the President to reject a law passed by
Congress. As a rule, the President must veto the entire bill.
However, the President shall have the power to veto any
particular item or items in an appropriation, revenue or tariff
bill, but the veto shall not affect the item or items to which he
does not object. An item is the particulars, the details, the
distinct and severable parts of the appropriation or of the bill.
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254
Other Powers of Congress

Power of Legislative Investigation
The two Houses of Congress and its respective committees
are authorized under the Constitution to conduct
investigations or inquiry in aid of legislation or to aid Congress
in its legislative work.
Why does Congress conduct legislative investigations?
Congress conduct investigations to determine if legislation is
needed, to gather facts relevant to legislation, to assess the
efficiency of executive agencies, to build public support, to
expose corruption, and to enhance the image and reputation
of its members.
A legislative body cannot legislate wisely or effectively in the
absence of information respecting the conditions which the
legislation is intended to affect or change.
What is the Power of Legislative Oversight?
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Part of the power to conduct investigation in aid of legislation

is the oversight function of Congress. Oversight refer to the
responsibility to question executive branch officials to see
whether their agencies are complying with the wishes of the
Congress and conducting their programs efficiently.
What are the guidelines in the conduct of the Power of
Investigation?
The exercise of this power is subject to the following
limitations:
1. Must be in aid of legislation.
2. Must be in accordance with its duly published rules and
procedures.
3. The rights of persons appearing in or affected by such
inquiries shall be respected.
What is the Power to Punish for Contempt?
In the exercise of the power of legislative investigation,
Congress may punish witnesses for contumacy or
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disobedience. Said power must be considered implied or

incidental to the exercise of legislative power or necessary to
effectuate said power.
What is the Power of Appropriation?
The Constitution provides that no money shall be paid out of
the Treasury except in pursuance of an appropriation made
by law. This is a recognition that the power to appropriate
government funds for the operation of our government is
granted to Congress. The power of appropriation is
sometimes referred to as the power of the purse, is
exercised by Congress through the enactment of an
appropriation law.
What are the classifications of the Appropriations Law?
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General Appropriations Law is the governments

annual budget.
Special Appropriations Law appropriations designed
for a specific purpose.
What are the limitations on the Appropriations Measure?

1. Public funds may be used only for a public purpose,
therefore, appropriations must be devoted to public
purpose. It is a general rule that the legislature is without
power to appropriate public revenues for anything but
public purpose.
2. The amount appropriated must be certain, which means
that the sum authorized to be released should either be
determinate or at least determinable.
What are the Constitutional Guidelines on General
Appropriations?
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1. Congress may not increased the appropriations

recommended by the President for the operation of the
government as specified in the budget. In the preparation
of the general appropriations, Congress used as basis
the budget submitted by the President. The budget is
proposed.
2. The form, content, and manner of preparation of the
budget should be prescribed by law.
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3. No provision or enactment shall be embraced in the

general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision
or enactment shall be limited in its operation to the
appropriation to which it relates. This provision will
eliminate the inclusion in the general appropriations law
of riders or a provision not germane to the subject matter
of the bill, and is new and completely unrelated provision
attached to the bill.
4. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for the other departments or agencies.
5. No law shall be passed authorizing any transfer for
appropriations, however, the President, the President of
Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, the Constitutional
Commissions may, by law, be authorized to augment any
item in the general appropriations law for their respective
offices from savings in other items of their respective
appropriations.
6. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any church, sect,

denomination, sectarian institution, or system of religion,
or of any priest, preacher, minister, or other religious
leader, or dignitary as such, except when such priest,
preacher, minister or dignitary is assigned to the armed
forces, or to any penal institution, or government,
orphanage or leprosarium.
What are the Guidelines on Special Appropriations?
A special appropriations bill shall specify:
The purpose for which it is intended.
Shall be supported by funds actually available as certified
by the National Treasurer, or to be raised by a
corresponding revenue proposed therein.
Discretionary Fund
Discretionary funds appropriated for particular officials shall
be disbursed only for public purposes to be supported by
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appropriate vouchers and subject to such guidelines as may

be prescribed by law.
Automatic Re-appropriations
If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed
by the Congress.
Power of Taxation
The Power of Taxation is the power to imposed taxes. Taxes
are what we pay for civilized society. The revenue raised in
taxation is used to maintain the operation of our government.
The Constitution vests in the legislature the exercise of the
power of taxation. It must be noted that even without express
constitutional grant, the power to tax without which, the
government may not exist.
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Rule of Taxation
The Constitution provides that the rule on taxation shall be
uniform and equitable. A tax is considered uniform when it
operates with the same force and effect in every place where
the subject may be found. Tax Exemptions and Institutions
Exempt from Taxation. No law granting any tax exemption
shall be passed without the concurrence of a majority of all
the Members of Congress.
However, by express mandate of the Constitution, the
following institutions are exempted from taxation:
Tax Exemptions and Institutions Exempt from Taxation
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1. Charitable institutions, churches and parsonages or

covenants appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings and improvements,
actually, directly and exclusively used for religious,
charitable or educational purposes.
2. All revenues and assets of non-stock, non-profit

educational institutions used actually, directly and
exclusively for educational purposes.
Non-Legislative Powers
Congress is also vested under the Constitution such other
powers, non-legislative in nature such as the power to declare
the existence of war, the power to concur presidential
amnesties and the power to impeach the President, etc.
Review Questions
263
1. What are the classifications of the powers of Congress?

2. What are the limitations imposed upon the exercise of the
general legislative power of Congress?
3. What is the power of legislative investigation and
oversight?
4. What is a bill and what are the procedures in the approval
of the bill?
5. When may a bill becomes a law?
6. Enumerate and discuss the major parts of a bill?
264
7. What are the guidelines provided under the Constitution in

the preparation of the general appropriations law?
Article VII
Executive Department
Presidency and Executive Power
The first section of Art. VII of the Constitution, dealing with the
Executive Department, begins with the enunciation of the
principle that the executive power shall be vested in a
President of the Philippines. Unlike the legislative and judicial
powers of government vested in Congress and Supreme
Court respectively, both of which are collegial bodies, the
whole of executive power is vested to only one person, to the
President of the Philippines.
This means that the President of the Philippines is the
Executive of the Government of the Philippines, and no other.
It is thus clear that the President is the most powerful officer
of our government.
What is the Executive Power granted to the President?
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The executive power granted to the President is the power to

enforce and execute the laws faithfully. The laws required to
be administered by the President includes the Constitution
and all statutes enacted by Congress. As the most prominent
political figure in our government, our Constitution expressly
provides for the qualification, election, term of office, the oath
of office he is required to enter before the discharge of the
office, as well as the privileges he enjoys and a number of
prohibitions he has to observed.
What are the qualifications for President?
1.
2.
3.
4.
5.
Natural-born citizen of the Philippines

A registered voter
Able to read and write
At least forty years of age
Resident of the Philippines for at least ten years
The following qualifications provided under the Constitution

are exclusive, meaning Congress cannot through ordinary
legislation provide for other qualifications. A candidate for the
Presidency like the Members of Congress is required to be
266
natural-born citizen of the Philippines, a registered voter and

able to read and write.
The age requirement for the President, however, is at least 40
years of age and the residence requirement is relatively
longer than Members of Congress.
A candidate for
President must be a resident for at least ten years. The
requirement of residence should be actual residence.
This is to insure that the person to be elected President must
have acquainted himself with the needs as well as the
aspirations of the country.
What is the Election and Term of Office of the President?
The President is elected by direct vote of the people like
members of the Senate. The term of office of the President is
six years, which shall begin at noon on the 30th day of June
following the day of the election. It shall end on the noon of
the same day and month six years after.
Is the President eligible/prohibited for re-election?
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The President shall not be eligible for any re-election. This

prohibition is intended to enable the President to devote his
full time to the interest of the whole people rather than to
spend much of it pleasing a few politicians whose support he
might need in case he is permitted to run for immediate
reelection.
Is a person who succeeded as President qualified for
election to the same office?
No person who has succeeded as President and has served
as such for more than four years shall be qualified for election
to the same office at any time.
Is voluntary renunciation of office considered an
interruption of the service?
In addition, voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the
continuity of the service of the full term for which he was
elected.
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Who act as Board of Canvassers in the election of the

President?
In the election of the President, it is Congress in joint public
session that will act as Board of Canvassers. The returns of
every election for President, duly certified by the board of
canvasses of each province or city, shall be transmitted to the
Congress, directed to the President of the Senate. Upon
receipt of the certificate of canvass, the President of the
Senate shall, not later than thirty days after the day of the
election, open all certificates in the presence of members of
the Senate and House of Representatives in joint public
session. After the certificates of canvass has been opened,
the counting of the canvass of the votes for the President
shall not immediately be made.
First, there should be a determination of the authenticity and
due execution of the certificates of canvass. Congress, upon
determination of the authenticity and due execution thereof in
the manner provided by law, canvass the votes. In the
canvassing of votes, the person receiving the highest number
of votes shall be proclaimed elected President. In case two or
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more candidates have equal and highest number of votes,

which can rarely happen considering that the President is
elected at large by all the qualified voters, one of them shall
be chosen by a vote of a majority of all the Members of
Congress, voting separately. In the performance of this
function, Congress is required by the Constitution to
promulgate its rules for the canvassing of the certificates.
Who is given the power to act as Presidential Electoral
Tribunal?
The Supreme Court, sitting en banc, is given the power to act
as electoral tribunal and the sole judge of all contest relating
to the elections, returns and qualifications of the President,
and may promulgate its rules for the purpose.
Oath of Office
Before they enter on the execution of their office, the
President, or the Acting President shall take the following
oath or affirmation:
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I do solemnly swear (or affirm) that I will faithfully and

conscientiously fulfill my duties as President (or Vice
President or Acting President) of the Philippines,
preserve and defend its Constitution, execute all laws, do
justice to every man, and consecrate myself to the
service of the Nation. So help me God.
(In case of affirmation, the last sentence is omitted.)
What are the privileges accorded to the President of the
Republic?
The President under the Constitution is granted the following
privileges:
Official Residence
The President shall have an official residence.
What/where is the official residence of the President?
He is the only official of the government provided with a
residence maintained by public funds. The Malacanang
271
Palace where the Spanish and American Governor-Generals

resided is the official residence of the President. That is why,
the Palace is often referred to as the seat of the Philippine
Presidency.
Is the President entitled to a salary?
The President is also entitled to a salary like all other public
officers. The salary of the President shall be determined by
law and shall not be decreased during his tenure. The
Constitution fixed initially the salary of the President to
P300,000.00.
Are salaries of Presidents increased?
This salary may be increased by law. But no increase in said
compensation shall take effect until the expiration of the term
of the incumbent during which such increased was approved.
Is the President accorded Immunity from Suit?
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The President is accorded the immunity from suit, both civil

and criminal. The rationale for the grant to the President of
this privilege of immunity from suit is to assure the exercise of
Presidential duties and functions free from any hindrance or
distraction, considering that being a Chief Executive of the
Government is a job that, aside from requiring all the officeholders time, also demands undivided attention.
What are the prohibitions of the President during his
tenure of office?
The President during his tenure is prohibited under the
Constitution from:
273
1. Receiving any other emolument from the Government or

any other source.
2. Unless otherwise provided in this Constitution, hold any
other office of employment.
3. They shall strictly avoid conflict of interest in the conduct
of their office.
4. Directly or indirectly, practice any other profession,
participate in any business, or be financially interested in
any contract with, or in any franchise, or special privilege

granted by the Government or any subdivision, agency,
or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.
5. Appointing spouse and relatives by consanguinity or
affinity within the 4th civil degree as members of the
Constitutional Commissions, of the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned and controlled corporations and their
subsidiaries.
The Vice President
Our Constitution does not specify the role as well as the
powers of the Vice President except to succeed as President
as provided in the order of Presidential Succession.
Who determines the role played by the Vice President?
274
The Vice President, however, is part of the Executive

Department, hence, it is usually the President who determine
the role played by the Vice President.
Is an appointment of the Vice President in the cabinet
subject to confirmation by the Commission on
Appointments?
Since the Constitution allows the Vice President to be
appointed as member of the Cabinet with the privilege of not
being subject to confirmation by the Commission on
Appointments, the Vice President is usually appointed as a
Cabinet Secretary.
What are the Qualifications, Election and Term of Office
of the V.P.?
The Vice President has the same qualification and is elected
in the same manner as the President. Likewise, the Vice
President has a term of six years and commenced on the
same day as the President.
275
Is the Vice President entitled to a re-election?

However, unlike the President who is not entitled to any reelection, the Vice President is entitled to one immediate reelection.
What are the Rules on Presidential Succession?
The Constitution provides for rules on who shall succeed as
President in the event of vacancy in the Office, as in the case
of failure of the President-elect to qualify or the President
shall not have chosen, or in case of death, permanent
disability, resignation and removal from office through
impeachment.
Who provides the rules on presidential succession?
It must be noted that the Constitution leaves to Congress the
manner of succession in case of vacancy in the Office of the
President or Vice President instead of providing it.
Who provides the rules on presidential succession?
276
The motive of this is to have flexibility in the manner of

succession to suit changing conditions. The United States
Constitution likewise left to Congress the mode of succession
instead of specifically providing for it.
Vacancy in the Office of the President at the beginning of
his term
If there is vacancy in the Office of the President at the
beginning of his term or before the President has been
inaugurated, the following rules on succession shall be
observed:
Vacancy in the Office of the President at the beginning of
his term
277
1. If the President-elect fails to qualify, the Vice Presidentelect shall act as President until the President-elect shall
have qualified.
2. If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
3. If at the beginning of the term of the President, the
President-elect shall have died or have become
permanently disabled, the Vice President-elect shall

become President.
4. Where no President and Vice President shall have been
chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of
the Senate President of the Senate or, in case of his
inability, the Speaker of the House of Representatives
shall act as President until a President or Vice President
shall have been chosen and qualified.
The Congress shall provide for the manner in which one who
is to act as President shall be selected until a President or a
Vice President shall have qualified, in case of death,
permanent disability, or inability of the Senate President and
the Speaker of the House.
Vacancy in the Office of the President during their
terms (President and Vice President)
When the Office of the President becomes vacant as a result
of death, permanent disability, removal from office (only
through impeachment), or resignation, the Vice President will
278
become President to serve for the unexpired term. However,

in case of death, permanent disability, removal from office, or
resignation of the President as well as the Vice President, the
Senate President or, in case of inability, the Speaker of the
House shall act as President until a President or a Vice
President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the
President or Vice President shall have been elected and
qualified, and be subject to the same restrictions of powers
and disqualifications as the Acting President.
Vacancy in the Office of the Vice President
When a vacancy occurs in the Office of the Vice President at
the beginning of his term, as in cases where the Vice
President shall not have been chosen, shall not have qualified
died or shall become permanently incapacitated, it is the
Senate President or, in case of his inability the Speaker shall
279
act until the Vice President shall have been chosen and
qualified.
Where the vacancy occurs during the term for which the Vice
President was elected, the President shall nominate a Vice
President to serve for the unexpired term from among the
members of the Senate or House of Representatives. The
nominee shall assume office upon confirmation of a majority
vote of all the Members of both Houses of the Congress,
voting separately.
When the Vice President shall become President
As the second highest official of the Executive Department,
next to the President, it naturally follows that he is the
constitutional successor in case of vacancy in the Office of
the President. It will be observed under the rules provided in
the preceding discussions that the following are the instances
when the Vice President shall be come the President.
280
First, if at the beginning of the term, the President elect

shall have died or became permanently disabled.
Second, in case of death, permanently disability, removal

from office and resignation of the President during his
term.
Special Election (SNAP) for the Office of the President
The Constitution empowers Congress to call a special
election in case of vacancy in the Office of the President and
Vice President. In case of vacancy in the office, at ten oclock
in the morning on the third day following the vacancy,
Congress shall convene this, notwithstanding the need of a
call. After convening, within a period of seven days shall
enact a law calling for a special election for the election of
President or Vice President. Such election must be held not
earlier than 45 days nor later than 60 days counted from the
time of such call.
The bill passed by Congress calling for such election shall be
deemed certified and shall immediately become a law upon
its approval in the 3rd reading. The special appropriations for
the calling of the election shall be charged to any current
appropriations and shall be exempt from the requirements
281
under Section 25 (4) Article VI. The convening of Congress

cannot be suspended nor the special election postponed.
However, no special election shall be called if the vacancy
occurs within 18 months before the date of the next
presidential elections. This is intended in the interest of
economy because the election of President or Vice President
is nationwide, the government will be spending too much in
the election.
Review Questions
282
1. What is executive power?

2. What are the instances when the Vice President
becomes the President?
3. Enumerate and discuss the qualifications of the
President?
4. What are the privileges conferred upon the President of
the Philippines under the Constitution?
5. Discuss the election and term of office of the President
and the Vice President.
POWERS OF THE PRESIDENT

Who is the most powerful official of the government?
As the only person to which the Constitution vest the exercise
of the entire executive power, the President is therefore the
most powerful official of the Government.
To whom is executive power vested?
The President of the Philippines is the Executive of the
Government of the Philippines and no other, and that all
executive authority is thus vested in him.
What is the first and foremost duty of the President?
His first and foremost duty is to ensure the faithful execution
of laws, that is, the Constitution and all laws lawfully enacted
by the Philippine Congress. Our Constitution speaks
concisely of the powers exercised by the President of the
Philippines.
283
Classification of the Powers of the President

The powers enumerated under the Constitution, specifically
under the provisions of Article VII, are called constitutional
powers. The President also exercise powers granted to him
by law or statutes established by Congress. These powers
are called statutory powers.
What are the express powers of the President?
Refers to those powers expressly provided under the
Constitution and Statutes, hence, the express powers of the
President includes the constitutional and statutory powers.
The inherent powers of the President
The President also possesses what we call inherent powers.
Powers defined through practice rather than through
constitutional or statutory law. These are those powers
exercised by the President from the loosely worded
statement in the Constitution that the Executive Power shall
284
be vested in the President of the Philippines and He shall

ensure that the laws are faithfully executed.
What are the different powers grant to the President?
The Constitution grants to the President the exercise of the
executive power, the power of appointment, the power of
control, military powers, pardoning power, borrowing power,
informing power and other powers granted under the
Constitution.
What is an executive power vested in the President?
Executive power vested in the President has been defined as
the power to administer and enforce the laws. Alongside with
this power is the responsibility of the President to ensure that
all laws are faithfully executed.
What is the Power of Appointment of the President?
The Presidents real authority as Chief Executive is found in
his appointive capacity, that is, his power to appoint officials
285
of the government. The power to appoint is inherently an

executive function.
What is an appointment?
Appointment is the selection, by the authority vested with the
power, of an individual who is to exercise the functions of a
given office.
There are two types of appointments:
What is a Permanent Appointment?
Issued to a person who meets all the requirements for the
position to which he is being appointed, including the
appropriate eligibility prescribed, in accordance with the
provisions of law, rules and standards promulgated in
pursuance thereof.
What is a Temporary Appointment?
Issued to a person who meets all the requirements for the
position to which he is being appointed except the appropriate
286
civil service eligibility. Provided, that such temporary

appointment shall not exceed twelve months, and the
appointee may be replaced sooner if a qualified civil service
eligible becomes available. One who holds a temporary
appointment has no fix tenure of office, his employment can
be terminated at the pleasure of the appointing power, there
being no need to show that the termination is for cause.
What is designation?
Simply the mere imposition of new or additional duties upon
an officer already in the government service to temporarily
perform the function of an office in the executive branch when
the officer regularly appointed to the office is unable to
perform his duties or there exist a vacancy.
Power to confirm or reject appointments
The power to confirm or reject appointments belong to the
legislative department, the latter power having been conferred
as a check on the former. This power to check may be
287
exercised through the members of both Houses in the

Commission on Appointments.
Officials appointed by the President
There are four groups of officers whom the President
shall appoint, these are:
Who are the officials in the government appointed by
the President?
The heads of the executive departments, ambassadors,
other public ministers and consuls, officers of the
armed forces from the rank of colonel or naval captain,
and other offices whose appointments are vested in the
President by the Constitution.
Who are the officials in the government appointed by the
President?
288
All other officers of the government, whose appointments

are not otherwise provided for by law.
Those whom the President may be authorized by law to
appoint.
Officers lower in rank, whose appointment by Congress

may by law vest in the President alone.
Among these four groups of officers, only the first group
requires the confirmation or consent of the Commission
on Appointments.
Regular and Ad-Interim Appointments
In relation to those officers whom the President appoints
requiring the consent of the Commission on Appointments,
we distinguish between regular and ad-interim appointment.
What is a regular appointment?
Is one whose appointment requires confirmation of the
Commission on Appointments made by the President while
Congress is in session. It will take effect once approved by
the Commission and continues as such until the end of his
term.
What is an ad-interim appointment?
289
Is one whose appointment requires the confirmation of the

Commission on Appointments made by the President while
Congress is in recess. Such appointments shall be effective
only:
When does such appointments become effective?
until disapproved by the Commission on Appointments or
until the next adjournment of Congress.
Constitutional Limitations on the Appointing Power of
the President
In the exercise of the President of his power to appoint
officials of the government, the Constitution provides for the
following limitations:
290
1. Appointments extended by an Acting President shall

remain effective, unless revoked by the elected President
within ninety days from his assumption or re-assumption
of office.
2. Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments, except

temporary appointments to executive positions when
continued vacancies therein will prejudice public service
or endanger public safety.
Power of Removal
The power of removal or the power to remove officials
appointed by the President is implied from the grant of the
power of appointment. If the term of an officer is not fixed for
a definite time by law, the President may remove him when
he wills. This is specially true in the case of cabinet
secretaries who occupy the office at the pleasure of the
President.
Officials who cannot be remove even if appointed by the
President
However, the President cannot remove those officials even
appointed by him when the Constitution provides for the
manner of their removal from office such as in the case of the
Chief Justice and Associate Justice of the Supreme Court,
291
the Ombudsman and the Chairman and Members of the

Constitutional Commissions. These officials are removable
only through the process of impeachment. Also the career
service employees appointed by him can be removed only for
a cause and in accordance with the administrative procedure
provided by law.
Power of Control
The President has been vested with the power of control of all
executive departments, bureaus or offices, and of local
governments over which he has been granted only the power
of general supervision as may be provided by law.
What is the power of control?
The power of control means the power granted to an officer
to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to
substitute the judgment of the former to that of the latter.
What is supervision?
292
This is to be distinguished from the power of general

supervision which is nothing more than the power to see to it
that an inferior follows the law. Supervision involves the
authority of an officer to see that subordinate officers perform
their duties.
Military Powers
In the event of emergency cases, the President is vested
under the Constitution military powers to suppress such
cases. The military powers consists of: the President as the
Commander-in-Chief, the power to suspend the privilege of
Habeas Corpus, and the power to declare martial law.
The President as Commander-in-Chief of the AFP
The President is the Commander-in-Chief of the Armed
Forces of the Philippines. Thereby, the head of our military
institution is a civilian, which is in conformity with the declared
principle of the of the state that civilians are supreme over the
military, thus he is vested with the power to call such forces to
prevent or suppress lawless violence, invasion or rebellion.
293
Pardoning Power
Under the old provision of the Jones Law, the GovernorGeneral is granted the exclusive power to grant pardon and
reprieves and remit fines and forfeitures. This power is now
vested in the President of the Philippines. The pardoning
power exclusively vested in the Chief Executive, and the
exercise of the power may not, therefore, be vested in anyone
else. Thus, the pardoning power cannot be restricted or
controlled by legislative action. Likewise, this power is purely
executive act, which is not subject to judicial scrutiny.
What is the scope of the Pardoning Power?
The pardoning power or the power of executive clemency
includes the grant of pardon, commutation, reprieves, remit
fines and forfeitures as well as to grant amnesty with the
concurrence of the majority of the Members of Congress.
What is pardon?
294
Is an act of grace, proceeding from the power entrusted with

the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for a
crime he has committed.
What is commutation?
Commutation is a remission of a part of the punishment, a
submission of a less penalty for the one originally imposed.
What is reprieve?
Reprieve a postponement of the execution or a temporary
suspension of execution.
What is remit fines and forfeiture?
Remit Fines and Forfeiture exoneration of fines and
forfeited property.
What is amnesty?
295
An act of the sovereign power granting oblivion or a general

pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason sedition or rebellion.
Limitations on the exercise of the Pardoning Power
1. It may not be given or granted in impeachment cases.
2. Pardoning power can only be exercised or be granted
after conviction.
3. No pardon can be granted to cases of violation of election
laws without the recommendation of the Commission on
Elections.
4. Amnesty cannot be granted without the concurrence of
Congress.
Kinds of Pardon
296
1. Absolute Pardon granted without any conditions

whatsoever. An absolute pardon not only blots out the
crime committed, but removes all disabilities resulting
from conviction.
2. Conditional Pardon granted by the President subject to

such conditions or qualifications as he may deem
necessary or see fit.
It must be accepted by the offender to become effective.
What are the effects of pardon?
It removes penalties and disabilities and restores him to his
full civil and political rights. It does not discharge the civil
liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong.
What are the effects of pardon?
It does not restore offices, property, or rights vested in others
in consequence of the conviction. Under our law, a pardon
shall not work the restoration of the right to hold public offices
or the right of suffrage unless such right be expressly restored
by the terms of the pardon.
Pardon and Amnesty distinguish
297
1. Pardon is granted by the President alone after conviction,

while amnesty, with the concurrence of Congress before
or after conviction;
2. Pardon looks forward and relieves the offender from the
consequences of the offense, while amnesty looks
backward, i.e., the person released by amnesty stands in
the eyes of the law as if he had never committed the
offense;
3. Pardon is granted for infractions of the peace of the
State, while amnesty, for crimes against the sovereignty
of the State (political offense); and
4. Pardon is a private act of the President which must be
pleaded and proved by the person who claims to have
been pardoned, because the courts take no judicial notice
thereof, while amnesty by proclamation of the President
with the concurrence of Congress is a public act of which
the courts will take judicial notice.
Diplomatic Power
As the Chief Diplomat, the President exercises the power to
conduct the countrys external affairs. This power includes the
298
power to send and receive diplomatic representatives, the

power to recognize foreign governments and to enter into
treaty and international agreements.
Power to Send and Receive Diplomats
It is the President who appoints, sends and instructs
diplomatic agents and consuls. These agents represent the
country abroad and are essential in carrying and maintaining
our diplomatic relations with other countries. The assignment
to and recall from posts of ambassadors are prerogatives of
the President, for him to exercise as the exigencies of the
foreign service and the interests of the nation may from time
to time dictate.
The President also exercises authority over the reception of
diplomatic agents and consuls. Corollary to this power, the
President is also granted the right to refuse to admit agents
whom it may consider unacceptable. In modern times, the
simple act of receiving a diplomat has been equivalent to
accrediting the diplomat and officially recognizing his or her
government.
299
Power of Recognition
The power of recognition is an important power exercise by
the President as Chief Diplomat.
What is the power of recognition?
This power refers to the power to recognize the legitimacy of
foreign governments. Such recognition of the legitimacy of
another countrys government is a pre-requisite to diplomatic
relations with that country.
Treaty-Making Power
The President possesses the power to enter into treaties and
international agreements. Treaties are international
agreements concluded between States in written form and
governed by international law.
What is a Treaty?
300
Treaties are international agreements involving political

issues or changes of national policy and those involving
international arrangements of a permanent character.
What is an executive agreement?
Refers to international agreements embodying adjustments of
detail carrying out well-established national policies and
traditions and those involving arrangements of a more or less
temporary nature.
Borrowing Power
The President has the authority to contract or guarantee loan
in the name of the Republic of the Philippines. The President
is in a best position to exercise this power because he is
responsible in the implementation of the programs of our
government. Aside from the fact that his office is equipped
with the needed information to determine the exigency of
borrowing money. These loans may be used to augment the
budget of the government as well as to finance important
development projects.
301
Informing Power
The President shall address the Congress, at the opening of
its regular session (this is referred to as the SONA or State of
the Nation Address). He may also appear before it at any
other time.
Review Questions
302
1. What are the classification of the powers exercise by the

President?
2. Differentiate regular from an ad-interim appointment.
3. Differentiate control from supervision.
4. What are the diplomatic powers of the President?
5. Distinguish pardon from amnesty.
6. What is the difference between a treaty and an executive
agreement?
Article VIII
JUDICIARY
What is Judicial Power?
Judicial power is the power to apply the laws to contests or
disputes concerning legally recognized rights or duties
between the State and private person, or between individual
litigants, in cases properly brought before the judicial
tribunals, which includes the power to ascertain what are the
valid and binding laws of the State, and interpret and construe
them.
What are the duties included in the exercise of judicial
power?
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to
303
lack or excess jurisdiction on the part of any branch or

instrumentality of the Government.
To whom is Judicial Power vested?
Judicial power is vested in the Supreme Court and other
lower courts establish by law.
The Judiciary
The judiciary under a Republican system adopted by our
Constitution is the third branch of government.
What is the structure of the Judiciary?
However, the Constitution did not provide the full and entire
structure of the Philippine Judicial system, it only established
the Supreme Court of the Philippines and left to Congress the
authority of establish other inferior courts.
What is the only court created by the Constitution?
304
The Supreme Court is the only court created by the

Constitution.
What do we call the other courts operating under the
judicial system?
All other courts such as the Court of Appeals, Court of Tax
Appeals, etc. operating under the judicial system are called
statutory courts established through statutory enactments
made by Congress.
What is Fiscal Autonomy?
The judiciary shall enjoy fiscal autonomy. Fiscal autonomy
means, the automatic release of funds once approved and
appropriated by the Legislature. Appropriations for the
judiciary may not be reduced by the legislature below the
amount appropriated for the previous year and, after
approval, shall be automatically and regularly released.
The Supreme Court and other Lower Courts of the
Philippines
305
Composition of the Supreme Court

The Supreme Court is a collegial body composed of:
15 members
1 Chief Justice
14 Associate Justices.
Who appoints members to the Judiciary?
They are appointed by the President from a list of at least
three (3) nominees prepared by the Judicial and Bar Council
and is not subject to confirmation by the Commission on
Appointments.
En Banc and Division Cases
It may sit en banc or in its discretion in division of three, five
or seven. It sits en banc when all the Justices take part in
considering cases. It may also conduct its business in
division when only a number of justices take part. The
306
Supreme Court at present consists of three divisions with five

Justices in each division.
What are to be heard and decided by the Supreme Court
sitting en banc:
All cases involving the constitutionality of a treaty,
international or executive agreements. Those involving the
constitutionality, application or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and
other regulations.
What are to be heard and decided by the Supreme Court
sitting en banc:
Cases heard in division when the required majority vote is not
obtained. Cases where a doctrine of law laid down in a
division or the court sitting en banc is modified by the
Supreme Court. Administrative cases involving the dismissal
of judges of a lower court. Sitting as electoral tribunal as
judge of all contest relating to the elections, returns and
qualifications of the President and Vice-President. All other
307
cases which under the Rules of Court must be heard in

division.
What are the Qualifications for Members of the
Judiciary?
Under the Constitution, except for the Supreme Court, the
qualifications for members of the bench are Constitutional
and Statutory.
What is a constitutional and statutory qualification?
Constitutional refer to those qualifications prescribed under
the Constitution.
Statutory to those qualifications which the Congress may
prescribe through ordinary legislation.
Qualifications for Members of the Supreme Court (SC)
308
1. Natural-born citizen of the Philippines.

2. At least forty years of age,
3. For fifteen years or more a judge of lower court or engage

in the practice of law in the Philippines.
This enumeration is exclusive, which means that Congress
may not add additional qualifications through ordinary
legislation.
Qualifications for Members of the Lower Collegiate Court
(composed of more than one judge such as the CA, CTA,
Sandiganbayan)
Qualifications:
Constitutional qualifications:
1. Natural-born citizen of the Philippines.
2. Member of the Philippine Bar.
Statutory qualifications:
Congress may prescribe other qualifications.
309
Qualifications for Members of the Lower Courts (RTC,

MTC, MeTC, MCTC)
1. Citizen of the Philippines (either naturalized or naturalborn)
2. Member of the Philippine Bar.
3. Congress may prescribe other qualifications.
Furthermore, Members of the Supreme Court, lower
collegiate courts and lower courts must be of person of
proven competence, integrity, probity and independence.
Salaries of Members of the Judiciary
The salaries of the Chief Justice and of the Associate
Justices of the Supreme Court, and of the judges of the lower
courts shall be fixed by law. During their continuance in
office, their salary shall not be decreased.
What is the Judicial and Bar Council?
310
The Judicial and Bar Council is a significant innovation

introduced by the 1987 Constitution, the primary purpose of
which is to recommend appointees to the judiciary.
The Judicial and Bar Council
Under the 1935 Constitution, the President with the consent
of the Commission on Appointments appoints the members of
the Judiciary. While under the 1973 Constitution, they are
also directly appointed by the President.
The manner of appointing members of the Judiciary.
Under our present Constitution, the members are appointed
from a list of nominees prepared by the Judicial and Bar
Council.
Such appointment no longer requires confirmation by the
Commission on Appointments.
The manner of appointing members of the Judiciary.
This will remedy the situation in the past where judges had
practically beg for confirmation of their appointments. For
every vacancy, the Council will nominate at least three
311
candidates. The manner of appointing members of the

Judiciary. Hence, when the President appoints a justice or
judge, his choice will be limited only to those recommended
by the Council. The manner of appointing members of the
Judiciary. This will prevent the President from appointing
favored person to judicial post even if it is incompetent to
discharge the delicate duty of courts. The Council may also
perform such other functions and duties as the Supreme
Court may assign to it.
What is the composition of the Judicial and Bar Council?
The Judicial and Bar Council consists of two kinds of
members, the ex-officio and regular members.
Ex-officio
The Supreme Court Chief Justice shall be its ex-officio
Chairman and the Clerk of the Supreme Court shall be the
Secretary ex-officio of the Council. The Secretary of the
Department of Justice and a Representative of the Congress
as ex-officio members.
312
Regular Members
A representative of the Integrated Bar, a Professor of Law, a
retired member of the Supreme Court, a representative of the
private sector.
Who appoints the regular members of the JBC?
The President, with the consent of the Commission of
Appointments appoints the regular members of the Council.
What is the term of office of members of the JBC?
Their term of office is staggered to four (4) years, thus of the
Members first appointed, the representative of the Integrated
Bar serve for four (4) years, the Professor of Law for three (3)
years, the retired Justice for two (2) years, and the
representative of the private sector of one (1) year.
Tenure and Discipline
313
The Members of the Supreme Court and judges of lower

courts shall hold office of good behavior until they reached
the age of seventy (70) years or become incapacitated to
discharge the duties of their office. The Constitution does not
provide a precise definition of what constitute good behavior.
It is for the Supreme Court to determine since it has the
power to discipline justices of lower collegiate courts and
judges of the lower courts.
The Supreme Court en banc may order their dismissal by a
majority vote of the Members, who actually took part in the
deliberations on the issues in the case and voted thereon. It
has been said that the misconduct of a judge that will warrant
disciplinary action by the Supreme Court must have direct
relation to and be connected with the performance of his
official duties, not his character as a private individual.
What are the prohibitions on members of the courts?
The Members of the Supreme Court and of other courts
established shall not be designated to any agency
performing quasi-judicial or administrative functions.
314
Decision of the Court

The conclusion of the Supreme Court in any case submitted
to it for decision en banc or in division shall be reached in
consultation before the case is assigned to a Member for the
writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the
parties. Any Member who took no part, or dissented, or
abstained from a decision or resolution must state the reason
thereof. The same requirements shall be observed by all
lower collegiate courts.
No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and law on
which it is based. Thus, a judge cannot judge pronounce
during the resolution of the case that the one party won over
the other. Courts should state the reasons upon which their
decision rests. There is no requirement as to the number of
pages a decision must consists, but decision shall be
reasonable instead of infinite length. Likewise, no petition for
review or motion for reconsideration of a decision of the court
315
shall be refused due course or denied without stating the

legal basis thereof.
Period of Decisions
One of the complaints against the government is the delay in
the dispatch of cases. The clamor has been that justice
delayed is justice denied. And so the Constitution provides for
the period to which cases shall be decided. All cases or
matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four (24) months from the
date of submission for the Supreme Court, and unless
reduced by the Supreme Court, twelve (12) months for all
lower collegiate courts, and three (3) months for all other
lower courts.
A case or matter shall be deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the court
itself. Upon the expiration of the corresponding period, a
certification to this effect signed by the Chief Justice or the
presiding judge shall forthwith be issued and a copy thereof
316
attached to the record of the case or matter, and served upon

the parties.
The certification shall state why a decision or resolution has
not been rendered or issued within said period. Despite the
expiration of the applicable mandatory period, the court,
without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the
case or matter submitted thereto for determination, without
further delay.
Review Questions
317
1. What is judicial power and where is this power vested?

2. What is the composition of the Supreme Court and how
are the members appointed?
3. What are the qualifications for Members of the Supreme
Court, Lower Collegiate Courts and lower courts?
4. What is the Judicial and Bar Council and what are its
functions?
5. What are cases heard and decided by the Supreme Court
en banc?
POWERS OF THE SUPREME COURT

As a rule, the Court does not take initial cognizance of
controversies. It merely reviews decisions of other tribunals
which have acted on these controversies. In fact, it does not
initiate such review. Its review authority must be triggered by
the filing of a petition by a proper party. In this sense, the
judiciary is a passive branch of the government. It cannot act
on a controversy unless ask to do so. The only exception to
this are death penalty cases decided by the lower courts
which the Constitution provides that it is automatically
reviewed by the Supreme Court.
What is Judicial Review?
Judicial Review is the power of the Supreme Court to declare
an act of the Executive and Legislative Departments of the
government unconstitutional in the light of its conformity with
the Constitution. This is not an assertion of superiority by the
courts over the other departments but merely an expression
of the supremacy of the Constitution.
318
The Constitution does not provide expressly for this authority

exercise by the Court. It had its beginnings in the landmark
decision written by Chief Justice John Marshall of the US
Supreme Court. In that case, Chief Justice Marshall
successfully claimed for the judges the power of judicial
review.
What are the Powers of the Supreme Court?
The Constitution grants the Supreme Court original and
appellate jurisdictions. Its work consists mainly in affirming,
modifying or reversing decisions and decrees of lower courts;
or of determining whether a lower court or a branch or an
instrumentality of the government, including the Office of the
President and Congress, has acted without or in excess of its
jurisdiction or committed grave abuse of discretion in its
functions and actions. The Constitution also grants certain
administrative powers to the Supreme Court which includes
the authority to appoint employees and officials of the judicial
branch, rule-making power among many others. The
following are the powers of the Supreme Court.
319
What is Jurisdiction?
Jurisdiction refers to the authority of the court to hear and
determine a particular case.
What is the Supreme Courts original jurisdiction?
The Supreme Courts original jurisdiction refers to its
authority to be the first court to hear a case. The Supreme
Court exercises original jurisdiction embracing cases affecting
ambassadors, public ministers and consuls. These officials
are our diplomatic representatives abroad, and under
international law are immune from the jurisdiction of courts of
the country where they are assigned subject to certain
exceptions.
Because of the importance of the cases affecting these
officials to our diplomatic relations, it is but proper that the
Supreme Court being the highest court of the land assumes
the authority to decide the case. The Supreme Court also
exercise original jurisdiction over petitions for certiorari,
prohibition, mandamus, quo warranto and habeas corpus.
320
What is a Certiorari?
When any tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in excess of its or
his jurisdiction, or with grave abuse or discretion amounting to
lack or excess of jurisdiction, and there is no appeal, nor any
plain, speedy, and adequate remedy in the ordinary course of
law, a person aggrieved thereby may file a verified petition in
the proper court, alleging the facts with certainty and praying
that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting
such incidental relief as law and justice may require.
What is a Prohibition?
When the proceedings of any tribunal, corporation, board or
officer or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to
lack or excess of jurisdiction, and there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified
321
petition in the proper court, alleging the facts with certainty

and praying that judgment be rendered commanding the
respondent to desist from further proceedings in the action or
matter specified therein, or otherwise granting such incidental
relief as law and justice may require.
What is a Mandamus?
When any tribunal, corporation, board or personnel unlawfully
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station or
unlawfully excludes another from the use and enjoyment of a
right or office to which such other is entitled, and there is no
other plain, speedy and adequate remedy in the ordinary
course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered commanding
the respondent, immediately or at some time to be specified
by the court, to do the act required to be done to protect the
rights of the petitioner, and to pay the damages sustained by
the petitioner by reason of the wrongful acts of the
respondent.
322
What is a Quo Warranto?

An action for usurpation of a public office, position or
franchise may be commenced by a verified petition brought in
the name of the Republic of the Philippines.
What is Habeas Corpus?
Except as otherwise provided by law, the writ of habeas
corpus shall extend to all cases of illegal confinement or
detention by which a person is deprived of his liberty, or by
which the rightful custody of any person is withheld from the
person entitled thereto.
What is Appellate Jurisdiction?
Appellate jurisdiction refers to the authority of the Supreme
Court to review, revise, modify, or affirm final judgments
rendered by lower courts. As mentioned, most of the work
performed by the Court is in the exercise of this appellate
jurisdiction.
323
The Supreme Court has appellate jurisdiction over:

1. All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation in question.
2. All cases involving the legality of any tax imposed,
assessment, or toll, or any penalty imposed in relation
thereto.
3. All cases in which the jurisdiction of any lower court is in
issue.
4. All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
5. All cases in which only error or question of law is involved.
Temporary Assignment to Judges of Lower Courts
The Supreme Court possesses the power to assign
temporarily judges of lower courts to other stations as public
interest may require. However, such temporary assignment
shall not exceed six (6) months without the consent of the
judge concerned.
324
Order Change of Venue of Trial

The Supreme Court has the power to order a change of
venue or place of trial to avoid miscarriage of justice.
What is the Rule-Making Power of the Supreme Court?
Under its rule-making power, the Supreme Court has the
authority to promulgate rules concerning the protection and
enforcement of constitutional rights, pleadings, practice, and
procedure in all courts.
These rules govern the manner by which cases are
presented in courts for decision and prescribed the necessary
papers which describe claims or defenses of the parties to a
case. The Constitution is also granted the power to provide
rules concerning admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged.
Nevertheless, the Constitution provides that such rules shall
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of
325
the same grade, and shall not diminish, increase, or modify

substantive rights.
What is a substantive right?
Substantive right is a term that includes those rights which
one enjoys under the legal system prior to the disturbance of
normal relations.
Are special courts and quasi-judicial bodies authorized
to promulgate their own rules?
Special courts and quasi-judicial bodies are likewise
authorized to promulgate their rules, but such rules shall
remain effective unless disapproved by the Supreme Court.
Appoint officials and employees
The Supreme Court has the power to appoint all officials and
employees of the judiciary. However, such appointment like
those made by the other departments must be made in
accordance with the Civil Service Law.
326
Administrative Supervision over Court and Personnel

The Supreme Court exercises administrative supervision over
all courts as well as its personnel.
Review Questions
1. Why is the Judiciary considered a passive branch of
government?
2. What is the power of Judicial Review?
3. Differentiate between original and appellate jurisdiction of
the Supreme Court.
4. What are the original jurisdictions of the Supreme Court?
5. What are the limitations on the rule-making power granted
to the Supreme Court?
327

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The 1987 Philippine Constitution

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The 1987 Constitution of the Philippines

THE 1987 CONSTITUTION OF THE PHILIPPINES

MARI CRIS ANDEM-AZUL

The 1987 Constitution of the Philippines

INTRODUCTION TO POLITICAL SCIENCE

The 1987 Constitution of the Philippines

Scope of Political Science

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

many points of common interest with other social

The 1987 Constitution of the Philippines

matters as public financial policies and government

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

Its findings and conclusions may be of immense practical

The 1987 Constitution of the Philippines

Education for citizenship

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

CONCEPTS OF STATE AND GOVERNMENT

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

family grew into a clan, then developed into a tribe which

The 1987 Constitution of the Philippines

State distinguished from Government

The 1987 Constitution of the Philippines

regard to the source of his election or the nature or

The 1987 Constitution of the Philippines

primary assembly rather than through the medium of

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

government de jure is one established by the authority of the

The 1987 Constitution of the Philippines

CONCEPT OF THE CONSTITUTION

the fundamental law of the land

Nature and purpose or function

The 1987 Constitution of the Philippines

a law to which all other laws must conform in accordance

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

decisions, etc., rather than from deliberate and formal

The 1987 Constitution of the Philippines

As to manner of amending them

The 1987 Constitution of the Philippines

Requisites of a good written constitution

The 1987 Constitution of the Philippines

2. As to contents it should contain at least three sets

The 1987 Constitution of the Philippines

A constitution is intended not merely to meet existing

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

departments, one will observe a lessening of the executive

The 1987 Constitution of the Philippines

Why is the doctrine of separation of powers observed in

The 1987 Constitution of the Philippines

To achieve these purposes:

The 1987 Constitution of the Philippines

The 1987 Constitution of the Philippines

appointment, which can rightfully be exercise by each

The 1987 Constitution of the Philippines

ensuring free, orderly and honest elections but does so with