TTL Constitutional Law 1 - Loanzon 1

De La Salle University Table of Contents

College of Law I. CONCEPT OF SOVEREIGNTY .................................................................................. 5
A. THE PREAMBLE ....................................................................................................... 5
Constitutional Law I B. REPUBLICANISM AND DEMOCRACY (SEC. 1, ARTICLE II) .................................................. 5
C. NATURE OF THE PHILIPPINE CONSTITUTION .................................................................. 6
First Semester August 2015
II. THE SUPREMACY OF THE CONSTITUTION ............................................................ 7
By Atty. Victoria V. Loanzon A. THE CONSTITUTION AS THE FUNDAMENTAL LAW OF THE LAND ......................................... 7
B. THE CONSTITUTION AND THE THREE BRANCHES OF GOVERNMENT .................................... 8
C. OPERATIVE FACT DOCTRINE ....................................................................................... 9

III. THE PHILIPPINE CONSTITUTION ........................................................................ 11

A. CONSTITUTION DEFINED; PURPOSES ......................................................................... 11
B. HISTORY OF THE PHILIPPINE CONSTITUTION ................................................................ 12
C. THREE BASIC PARTS OF A CONSTITUTION .................................................................... 12
D. SALIENT FEATURES OF THE PHILIPPINE CONSTITUTION .................................................. 13
E. SELF-EXECUTING AND NON-EXECUTING PROVISIONS .................................................... 13
F. GENERAL PROVISIONS ............................................................................................. 13

IV. ADOPTION OF A CONSTITUTION AND INTRODUCING CHANGES IN THE

CONSTITUTION ........................................................................................................ 14
A. THE AMENDING PROCESS ....................................................................................... 14
B. JUDICIAL REVIEW OF THE AMENDING PROCESS, ART. VIII, SEC. 1, PARAGRAPH 1 ................ 15
C. EFFECTIVITY .......................................................................................................... 15

A. CONCEPT OF A STATE ....................................................................................... 16

(1) State Defined ......................................................................................... 16
(2) Elements of a state ................................................................................ 16
B. CITIZENSHIP, ART. IV ........................................................................................ 18
(1) NATURAL-BORN CITIZENS ART. IV, SEC. 2 ................................................................. 18
(2) NATURALIZED CITIZENS UNDER COM. ACT NO. 473 .................................................... 20
(3) CITIZENSHIP BY LEGISLATIVE ACT .............................................................................. 22
(4) LOSS AND REACQUISITION OF CITIZENSHIP. ART. IV, SEC. 3, SEC. 2 ............................... 22
(5) DUAL CITIZENSHIP: R.A. NO. 9139 THE ADMINISTRATIVE NATURALIZATION LAW OF 2000
.............................................................................................................................. 23
C. SOVEREIGN/ STATE IMMUNITY ........................................................................... 24
(1) BASIS, ART. XVI, SEC. 3 ........................................................................................ 24
(2) WHEN A SUIT IS AGAINST THE STATE AND WHEN IT IS NOT ............................................ 24
 TTL Constitutional Law 1 - Loanzon 2

(3) CONSENT; MANNER BY WHICH CONSENT IS GIVEN ..................................................... 24 (4) SALARIES, PRIVILEGES AND DISQUALIFICATIONS/INHIBITIONS ........................................ 32
(4) SCOPE OF CONSENT .............................................................................................. 25 (5) ORGANIZATION AND SESSIONS ................................................................................ 32
(6) LEGISLATIVE PROCESS ............................................................................................ 32
D. DOCTRINE OF SEPARATION OF POWERS ........................................................... 26 (7) POWERS OF CONGRESS .......................................................................................... 33
E. THE PRINCIPLE OF CHECKS AND BALANCES ...................................................... 27 (8) DISCIPLINE OF MEMBERS (ART. VI, SEC. 16(3)) ........................................................ 33

F. DELEGATION OF POWERS ................................................................................... 27 A. THE PRESIDENT ................................................................................................. 34

(1) QUALIFICATIONS, ELECTION, TERM AND OATH, (ART. VII, SECTIONS 2, 4 AND 5) .............. 34
G. FORMS OF GOVERNMENT .................................................................................. 28 (2) PRIVILEGES AND SALARY (ART. VII, SEC. 6) ............................................................... 34
GOVERNMENT IN GENERAL DEFINED .......................................................................... 28 (3) PROHIBITIONS (ART. VII, SEC. 13) .......................................................................... 34
GOVERNMENT OF THE PHILIPPINES DEFINED ................................................................ 28 (4) POWERS AND FUNCTIONS OF THE PRESIDENT ............................................................. 34
H. FUNDAMENTAL POWERS OF GOVERNMENT ....................................................... 28 (5) PRESIDENTS IMMUNITY FROM SUIT ......................................................................... 35
(1) POLICE POWER .................................................................................................... 28 (6) RESIDUAL POWERS OF THE PRESIDENT ...................................................................... 35
(2) POWER OF EMINENT DOMAIN ................................................................................ 28 B. THE VICE PRESIDENT ................................................................................... 35
(3) POWER OF TAXATION ........................................................................................... 28 (1) QUALIFICATIONS, ELECTION, TERM AND OATH (ART. VII, SECTIONS 3, 4, AND 5) .............. 35
A. PRINCIPLES ....................................................................................................... 29 (2) PRIVILEGES AND SALARY (ART. VII, SEC. 6) ............................................................... 35
(3) PROHIBITIONS (ART. VII, SEC 13, SEC. 3, PAR. 2) ...................................................... 35
B. POLICIES ........................................................................................................... 29
C. SUCCESSION (ART. VII, SEC.9) ........................................................................ 35
C. SOCIAL JUSTICE, HUMAN RIGHTS AND OTHER GUARANTEED RIGHTS .............. 30 (1) IN CASE OF VACANCY AT THE BEGINNING OF TERM (ART. VII, SEC. 7 AND SEC. 10) ............ 35
(1) SOCIAL JUSTICE DEFINED, ART. XIII, SEC. 1, SEC. 2 ..................................................... 30 (2) IN CASE OF VACANCY DURING TERM (ART. VII, SEC. 8 AND SEC. 10) .............................. 35
(2) ASPECTS OF SOCIAL JUSTICE .................................................................................... 30 (3) IN CASE OF TEMPORARY DISABILITY (ART. VII, SECTIONS 11-12) ................................... 35
(3) PEOPLES ORGANIZATIONS, ART. XIII, SEC. 15 ........................................................... 30
(4) EDUCATION ........................................................................................................ 30 D. REMOVAL (ART. XI, SECTIONS 2-3) ................................................................. 35
(5) LANGUAGE, ART. XIV, SECTIONS 6-9 ...................................................................... 30 A. THE SUPREME COURT ........................................................................................ 36
(6) SCIENCE AND TECHNOLOGY, ART. XIV, SECTIONS 10-13 ............................................. 31 (1) COMPOSITION (ART. VIII, SEC. 4) ........................................................................... 36
(7) ARTS AND CULTURE, ART. XIV, SECTIONS 14-18 ....................................................... 31 (2) APPOINTMENT AND QUALIFICATIONS (ART. VIII, SEC. 7, SEC.8 (5), SEC.9) ..................... 36
(8) SPORTS, ART. XIV, SEC. 19 ................................................................................... 31 (3) SALARY, (ART. VIII, SEC. 10, ART. XVIII, SEC. 17) ..................................................... 36
(9) THE FAMILY, ART. XV ........................................................................................... 31 (4) TENURE (ART VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2) ................................................... 36
A. WHO MAY EXERCISE LAW-MAKING POWERS? ................................................... 31 (5) REMOVAL (ART. XI, SEC. 2) ................................................................................... 36
(1) CONGRESS .......................................................................................................... 31 (6) JURISDICTION (ART. VIII, SEC. 1, SEC. 2, PAR. 2, SEC. 5, ART VI, SEC. 30, ART.VII, SEC. 18)
(2) LOCAL LEGISLATIVE BODIES UNDER THE PRINCIPLE OF DELEGATION OF POWERS ................ 31 .............................................................................................................................. 36
(3) ELECTORATE (PEOPLES INITIATIVE ON STATUTES, INITIATIVE AND REFERENDUM) ............... 31 (7) REPORT ON THE JUDICIARY (ART. VIII, SEC. 16) ......................................................... 36
(4) EMERGENCY POWERS EXERCISED BY THE PRESIDENT UNDER MARTIAL LAW RULE OR IN A (8) MANNER OF SITTING AND VOTES REQUIRED (ART. VIII, SEC. 4) ..................................... 36
REVOLUTIONARY GOVERNMENT .................................................................................... 31 (9) REQUIREMENTS AS TO DECISION (ART. VIII, SECTIONS 13-14) ...................................... 36
(10) PERIODS FOR DECIDING CASES (ART. VIII, SEC. 15, ART. VII, SEC. 18, PAR. 3, ART. XVIII,
B. COMPOSITION OF CONGRESS, QUALIFICATIONS OF MEMBERS, AND TERM OF SECTIONS 12-14) ...................................................................................................... 36
OFFICE .................................................................................................................... 31
(1) SENATE (ART. VI, SECTIONS 2-4) ............................................................................ 31 B. THEORY AND JUSTIFICATION OF JUDICIAL REVIEW ........................................ 36
(2) HOUSE OF REPRESENTATIVES (ART. VI, SECTIONS 5-8) ............................................... 31 C. CONDITIONS FOR THE EXERCISE OF JUDICIAL REVIEW ................................... 36
(3) ELECTION OF MEMBERS ........................................................................................ 31
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D. FUNCTIONS OF JUDICIAL REVIEW: CHECKING, LEGITIMIZING AND SYMBOLIC . 36 (6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2) .......................................................... 38
(7) POWERS AND FUNCTIONS OF THE COMELEC (ART. IX, C, SEC.2) ................................. 38
E. THE SUPREME COURT AS PRESIDENTIAL ELECTORAL TRIBUNAL, (ART. VII, SEC.
4, PAR. 4) .............................................................................................................. 36 C. COMMISSION ON AUDIT .................................................................................... 38
(1) COMPOSITION AND QUALIFICATION (ART. IX, D, SEC. 1(1), ART. VII, SEC. 13, PAR. 2) ..... 38
G. ADMINISTRATIVE POWERS ................................................................................. 37 (2) APPOINTMENT AND TERM OF COMMISSIONERS (ART. IX, D, SEC. 1(2)) ......................... 38
(1) SUPERVISION OF LOWER COURTS (ART. VIII, SEC.6) ................................................... 37 (3) APPOINTMENT OF COA PERSONNEL (ART. IX, A, SEC. 4) ............................................. 38
(2) DISCIPLINE OF JUDGES (ART. VIII, SEC. 11) .............................................................. 37 (4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 1) ........................................................ 38
(3) APPOINTMENT OF OFFICIALS AND EMPLOYEES OF ENTIRE JUDICIARY (ART. VIII, SEC. 5(6)) . 37 (5) DISQUALIFICATIONS (ART. IX, A, SEC. 2) .................................................................. 38
H. LOWER COURTS .................................................................................................. 37 (6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2, ART. IX, A, SEC. 6) ................................ 38
(1) QUALIFICATIONS AND APPOINTMENT (ART. VIII, SEC. 7(1), (2), SEC. 8(5), SEC.9) .......... 37 (7) POWER AND FUNCTIONS (ART. IX, D, SEC. 2, SEC. 3, ART. VI, SEC. 20) ......................... 38
(2) SALARY (ART. VIII, SEC. 10) .................................................................................. 37 (8) RULEMAKING (ART. IX, A, SEC. 6) ........................................................................... 38
(3) TENURE (ART. VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2) .................................................. 37 (9) OTHER FUNCTIONS (ART. IX A, SEC. 8) .................................................................... 38
(4) REMOVAL (ART. VIII, SEC. 11) ............................................................................... 37 (10) REVIEW OF DECISIONS OF THE COA (ART. IX, A, SEC. 7) ........................................... 38
(5) JURISDICTION (ART. VIII, SEC. 1) ............................................................................ 37 (11) FISCAL AUTONOMY, ART. IX, A, SEC. 5 .................................................................. 38
(6) REQUIREMENTS AS TO PREPARATION OF DECISIONS (ART. VIII, SEC.14) ......................... 37 A. SANDIGANBAYAN (ART. XI, SEC. 4) ................................................................. 39
(7) PERIOD FOR DECIDING (ART. VIII, SEC. 15 AND ART. XVIII, SECTIONS 12-14) ................ 37
(8) NO NON-JUDICIAL WORK FOR JUDGES (ART. VIII, SEC. 12) .......................................... 37 B. OMBUDSMAN ..................................................................................................... 39
(1) COMPOSITION (ART. XI, SEC. 5) ............................................................................. 39
I. THE JUDICIAL AND BAR COUNCIL (ART. VIII, SEC. 8) ........................................ 37 (2) QUALIFICATION (ART. XI, SEC. 8) ............................................................................ 39
A. CIVIL SERVICE COMMISSION .............................................................................. 37 (3) APPOINTMENT AND TERM (ART. XI, SECTIONS 8 AND 11) ............................................ 39
(1) COMPOSITION AND QUALIFICATION OF COMMISSIONS (ART. IX, B, SEC. 1(1), ART. VII, SEC. (4) RANK AND SALARY (ART. XI, SEC. 10) ...................................................................... 39
13, PAR. 2) .............................................................................................................. 37 (5) DISQUALIFICATIONS (ART. XI, SEC. 8, ART. IX, A, SEC. 2) ........................................... 39
(2) APPOINTMENT AND TERM OF OFFICE OF COMMISSION (ART. IX, B, SEC. 1(2)) ................ 37 (6) JURISDICTION (ART. XI, SEC. 12) ............................................................................ 39
(3) APPOINTMENT OF PERSONNEL OF CSC (ART. IX, A, SEC. 4) ......................................... 37 (7) POWERS AND FUNCTIONS (ART. XI, SEC. 13) ............................................................. 39
(4) SALARY (ART. IX, A, SEC. 3 AND ART. XVIII, SEC. 17) ................................................ 37 (8) FISCAL AUTONOMY (ART. XI, SEC. 14) ..................................................................... 39
(5) DISQUALIFICATION (ART. IX, A, SEC. 2) ................................................................... 37 (9) APPOINTMENT OF PERSONNEL (ART. XI, SEC. 6) ........................................................ 39
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2) .......................................................... 37 C. OFFICE OF THE SPECIAL PROSECUTOR (ART. XI, SEC. 7) ................................. 39
(7) FUNCTIONS OF THE CSC (ART. IX, B, SEC.3, ART. IX, A, SECTIONS 7 AND 8) .................. 37
(8) SCOPE OF THE CIVIL SERVICE (ART. IX, B, SEC. 2(1)) ................................................... 37 D. CENTRAL MONETARY AUTHORITY ...................................................................... 39
(9) TERMS AND CONDITIONS OF EMPLOYMENT IN THE CIVIL SERVICE .................................... 37 (1) COMPOSITION AND QUALIFICATION OF MEMBERS (ART. XII, SEC. 20) ............................ 39
REVIEW OF DECISION OF THE CSC (ART. IX, A, SEC. 7) ..................................................... 37 (2) FUNCTIONS (ART. XII, SECTIONS 20-21) .................................................................. 39
FISCAL INDEPENDENCE (ART. IX, A, SEC. 5) .................................................................... 37
E. ECONOMIC AND PLANNING AGENCY (ART. XII, SECTIONS 9-10) ....................... 39
B. COMMISSION ON ELECTIONS ........................................................................... 38 (1) GOAL (ART. XII, SEC.1) ......................................................................................... 39
(1) COMPOSITION AND QUALIFICATION OF COMMISSIONERS (ART. IX, C, SEC.1 (1), ART. VII, (2) NATURAL RESOURCES ........................................................................................... 39
SEC. 13, PAR. 2) ....................................................................................................... 38 (3) PRIVATE LANDS .................................................................................................... 39
(2) APPOINTMENT AND TERM OF OFFICE OF COMMISSIONERS (ART. IX, C, SEC. 1(2)) ........... 38 (4) REGULATION OF ECONOMIC ACTIVITIES ..................................................................... 39
(3) APPOINTMENT OF PERSONNEL (ART. IX, A, SEC. 4) .................................................... 38
A. COMMISSION ON HUMAN RIGHTS ...................................................................... 40
(4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 17) ...................................................... 38
(1) COMPOSITION AND QUALIFICATION OF MEMBER (ART. XIII, SEC. 17) ............................. 40
(5) DISQUALIFICATIONS (ART. IX, A, SEC. 2) .................................................................. 38 (2) POWERS AND FUNCTIONS (ART. XIII, SECTIONS 18-19) .............................................. 40
 TTL Constitutional Law 1 - Loanzon 4

(3) FISCAL AUTONOMY (ART. XIII, SEC. 17(4)) .............................................................. 40

B. NATIONAL LANGUAGE COMMISSION (ART. XIV, SEC. 9) ................................... 40
C. NATIONAL POLICE COMMISSION, (ART. XVI, SEC. 6) ....................................... 40
D. NATIONAL COMMISSION ON INDIGENOUS CULTURAL COMMUNITIES (ART. XVI,
SEC.12) .................................................................................................................. 40
A. LOCAL GOVERNMENT UNITS (ART. X, SEC.1) ..................................................... 41
B. AUTONOMY OF LOCAL GOVERNMENT (ART. II, SEC. 25, ART. X, SEC. 2) .......... 41
C. GENERAL SUPERVISION OF LOCAL GOVERNMENT BY THE PRESIDENT (ART. X,
SEC. 4, SEC. 16) ..................................................................................................... 41
D. LOCAL GOVERNMENT CODE (ART. X, SEC. 3) .................................................... 41
(1) TERM OF OFFICE OF LOCAL OFFICIALS (ART. X, SEC. 8) ................................................. 41
(2) LOCAL LEGISLATIVE BODIES, ART. X, SEC. 9 ................................................................ 41
(3) CREATION, ABOLITION, DIVISION OR MERGER OF LOCAL GOVERNMENT UNITS (ART. X, ....... 41
SEC. 10) .................................................................................................................. 41
(4) METROPOLITAN POLITICAL SUBDIVISIONS (ART. X, SEC. 11) ......................................... 41
(5) RIGHT TO VOTE (ART. X, SEC. 14) ........................................................................... 41
E. POWERS OF LOCAL GOVERNMENTS .................................................................... 41
(1) REVENUE AND TAXING POWER (ART. X, SEC. 4) ......................................................... 41
(2) SHARE IN NATIONAL TAXES (ART. XI, SEC. 6) ............................................................. 41
(3) SHARE IN THE PROCEEDS OF NATIONAL WEALTH (ART. X, SEC. 7) ................................... 41
(4) COORDINATION OF EFFORTS, SERVICES AND RESOURCES FOR COMMON BENEFIT (ART. X, SEC.
13) ........................................................................................................................ 41

F. CREATION OF AUTONOMOUS REGIONS ............................................................... 41

(1)
CREATION
(ART.
X,
SECTIONS
15,
18,
AND.
19)
........................................................
41

(2)
POWERS
OF
AUTONOMOUS
REGIONS
(ART.
X,
SECTIONS
17,
20
AND
21)
......................
41

(3)
GENERAL
SUPERVISION
AND
DISCIPLINE
OF
LOCAL
OFFICIALS,
ART.
X,
SEC.
16
..................
41


Part One: INTRODUCTION TO
CONSTITUTIONALISM AND THE
CONSTITUTION
I. Concept of Sovereignty
A. THE PREAMBLE
We, the sovereign Filipino people, impliring 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
Enacted by people powered by the preamble. Sovereign of the people
MEMORIZE. Together with Art 2. Art 4 citizenship. Art. 5 on suffrage
{Bernas}
Function:
o Sets down origin, scope, and purpose of Consti
o Guide in ascertaining meaning of ambiguous provisions in body of Consti
o Source of light
Origin, Scope & Purpose
o Power belongs to the people sovereign Filipino
o Shall embody peoples ideals & aspirations, democracy etc.
o common good projects idea of social order that enables every citizen to attain his/her
fullest
TTL Constitutional Law 1 - Loanzon 5
B. REPUBLICANISM AND DEMOCRACY (SEC. 1, ARTICLE II)
{Sec 1, Art II Declaration of Principles & State Policies, 1987 Constitution}
The Philippines is a decmocratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.
Political Sovereignty:
o influences in a state, legal and non-legal, which determine the course of law
o power of people to make amends, revises on constitution
o Democracy
a system of government by the whole population or all the eligible members of a
state, typically through elected representatives
democratic state not only a representative (republican) state, but shares aspect
of direct democracy such as initiative & referendum [EDSA revolution achieved
through direct action of people]
DEMO latin word for people, very essence of democracy, respecting peoples will
o Republic
a state in which supreme power is held by the people and their elected
representatives, and which has an elected or nominated president rather than a
monarch
republican state government authority emanates from the people BUT is
exercised by representatives chosen by the people
right of suffrage
Popular Government
o the name that is given to the government that is controlled by the people by election of
executives and legislators. {Law Dictionary}
o leader voted upon majority of people
Rule of Law
o Government official have authority given and defined by law {Bernas}
Authority to continue ONLY with consent of people
Ours is a rule of law and not of men
o Principle that law should govern a nation, as opposed to being governed by arbitrary
decisions of individual government officials. It primarily refers to the influence and authority
of law within society, particularly as a constraint upon behavior, including behavior of
government officials {The Dictionary}
o The rule of law is a system in which the following four universal principles are upheld:
{World Justice Project}

The government and its officials and agents as well as individuals and private
entities are accountable under the law.
The laws are clear, publicized, stable, and just; are applied evenly; and protect
fundamental rights, including the security of persons and property.
The process by which the laws are enacted, administered, and enforced is
accessible, fair, and efficient.
Justice is delivered timely by competent, ethical, and independent representatives
and neutrals who are of sufficient number, have adequate resources, and reflect
the makeup of the communities they serve.
o {UN SecGen}
a principle of governance in which all persons, institutions and entities, public and
private, including the State itself, are accountable to laws that are publicly
promulgated, equally enforced and independently adjudicated, and which are
consistent with international human rights norms and standards. It requires, as
well, measures to ensure adherence to the principles of supremacy of law, equality
before the law, accountability to the law, fairness in the application of the law,
separation of powers, participation in decision-making, legal certainty, avoidance of
arbitrariness and procedural and legal transparency."
Read any material available in the internet.
C. NATURE OF THE PHILIPPINE CONSTITUTION
Province of Cotabato v. Government, 568 SCRA 402. Read concurring opinion of Puno, J. 583-
585: the exercise of sovereign power resides in the people; the power of self-determination
belongs to the people
Main Case:
o NATURE: Certiorari 65, Prohibition, Mandamus. DIRECT action
o PETITIONER: Provinces affected by supposed BJE establishment, other interim parties
o RESPONDENT: GRP Peace Process
o Nego of PA on Peace Process of the Philippines with the MILF paved way to the creation of
the Tripoli Agreement
o Said agreement discussed 3 main principles and agendas on security, rehabilitation,
and ancestral domain.
2 follow up peace talks conducted, each with end result of signing Implementing
Guidelines for security and rehab.
MOA-AD to serve as implementing guide for ancestral domain, last aspect of nego
under the carrying out of the Tripoli Agreement.
MOA-AD contains contentious provisions, which assailed.
Inclusion of all people, indigenous and Bangsamoro alike, belonging in
enumerated areas to fall under BJE
TTL Constitutional Law 1 - Loanzon 6
Creation and establishment of BJE associative relationship of BJE and
Central Government
Amendments to the existing legal framework to take effect upon signing
of Comprehensive Compact, w/ due regard to non-derogation of prior
agreements.
o PERTINENT LAWS:
E.O. No. 3 - Defining Policy and Administrative Structure for Governments
Comprehensive Peace Efforts
R.A. No. 7160 Local Government Code 1991
R.A. No. 8371 Indigenous Peoples Rights Act of 1997
1987 Constitution
Sec 7, Art. III 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 data used as basis for policy development, shall
be afforded the citizen subject to such limitations as may be provided by
law
o ISSUE: (syllabus)
Did respondents violate consti and stat proviso on public consultation and right to
information when they negotiated and later initialed the MOA-AD
o PETITIONERS: Certiorari 65, Prohibition of signing of MOA-AD, Mandamus to disclose
contents of MOA-AD to public
Drafted terms of MOA-AD WITHOUT consulting LGUs or communities affected, nor
inform them of proceedings
Invoked right ot information governing MOA covering the issue of ancestral domain, though
we are not signatories, WE have a right to participate
Challeges the constitutionality of MOA-AD for creation of BJE state
Not a political subdivision defined in Sec 1. Art X 1987: autonomous regions, prov, city, muni,
barangay. THIS BJE independent state which makes it unconstitutional. Gives power to local
governments
o RESPONDENTS: Moot, subject to futher nego to resolve all outstanding issues. SolGen
complied with disclosure of MOA-AD
No justiciable controvery since MOA-AD remains to be a proposal not yet legally
binding, prelimenary in character
Moot with satisfaction of reliefs prayed for and pronouncement no matter what the
SC decides, govt will not sign MOA
MOA in pursuance of peace efforts
Meant to protect certain rights of people covered by the MOA, done in pursuant to a
constitutional mandate of the general welfare clause.
No standing, not part of MOA-AD, no business questioning, NOT signatories to the contract
o COURT: Majority have standing lest few, but will be looked over since issue is of
transcendental importance
Take cognisance because of transcendental importance, looking over legal standing
requirement

Matter of public interest and of transcendetal importance | because after all,
sovereignty belongs to the people
Pet will be affected by MOA-AD, if they werent even informed. Will affect
substantive rights.
Can never deprive people of right to public information
The MOA-AD is a matter of public concern for it involves the sovereignty and
territorial integrity of the State. Matters of public concern covered by the right to
information include steps and negotiations leading to the consummation of the
contract. In not distinguishing as to the executory nature or commercial character
of agreements
Constitutional right to be informed on matters of public concern | conceded by
respondent that it is public concern | involving sovereignty and territorial integrity
Access to info of gen interest aids the people in democratic decision making by
giving them better perspective of the vital issues of nation xxx may be able to
criticize & participate in affairs of government in responsible and reasonable
manner
right to info contemplates inclusion of negotiations leading to the
consummation of transaction people cant exercise right if not contract is
consummated, and if consumated, may be too late for public to expose
defects
PAPP GAD when he failed to carry out the pertinent public consultation also
implied form E.O. No. 3 of pets right to be consulted on the peace agenda, as
a corollary to the constitutional right to information and disclosure
PUNO opinion quoting Dean Vicente Sinco [nature of constitution on
syllabus]
Constitution written instrument w/c serves as the fundamental law of the state
It is the creation of the will of the people, who are deemed the source of
all political powers. It provides for the organization of the essential
departments of govt, determines and limits their powers, and prescribes
guarantees to the basic rights of individuals
Considered as compact agreement of the people, in their indiv capacities,
reduced to writing, establishing and fixing certain principles for govt of
themselves
Social contract obligatory on all parties and revocable by no one
individual or group less that the majority of the people
*other issue* MOA-AD violative of Constitution, GAD: any provision xxx requiring
amendments to the existing legal framework shall come into force upon the signing
of a comprehensive compact and upon effecting the necessary changes to the legal
framework. [guaranteed MILF amendments to consti, violative of authority |
exceeded their authority in doing so]
COURT: YES, on the consti infraction [proviso to amend consti amongs others] in
itself enough reason to declare unconstitutional. Conduct and process executed in
nego, constitutionally infirm
TTL Constitutional Law 1 - Loanzon 7
associative nature of relationship provides for stepping stone to eventual separation and
creation of individual state
II. The Supremacy of the Constitution
A. THE CONSTITUTION AS THE FUNDAMENTAL LAW OF THE LAND
Di pwede magka-anak sa labas, lahat legal lang pwede. ALL LAWS must conform to the constitution.
Marbury v. Madison, 1 Cranch 137 (1803) Read from the internet, see the facts and main issue
for resolution and the portion of the decision which laid down the rule why the Court may
intervene to reconcile a law subordinate to the Constitution)
Election season, assume that there will be questions of validity of appointments when theres a change in
administration.
FACTS:
o NATURE: Mandamus to deliver commision DIRECT to SC.
o Mando = mando = compelling to do a duty | mandamus = ministerial duty to implement the law, WILL
NOT LIE, when public officers would exercise discretion [constituent duties].
o PETITIONER: Wiliam Marbury RESPONDENT: James Madison
o John Adams appointed William Marbury to be a Justice of the Peace in the District of
Columbia,
commission had been signed by the relevant federal official (in this instance, of
course, John Marshall himself, acting in his capacity as Secretary of State in the
outgoing Adams Administration).
right originated in an act of Congress passed in February 1801, Organic Act,
concerning the District of Columbia. Divided the district into two counties, the 11th
section of this law enacts,
that there shall be appointed in and for each of the said counties, such
number of discreet persons to be justices of the peace as the president of
the United States shall, from time to time, think expedient, to continue in
office for five years.[] It appears from the affidavits,
PETITIONER was commisioned, which was signed by John Adams, then president
of US; after which the seal of the US was affixed;
Issuance of mandamus, questioned withholding of appointment.
Appointment was done in accordance with the law
President apopinted him in the exercise of his prerogative. [only president can
appoint a judge]
Im being deprived the right to enjoy what was given to me
RESPONDENT: BUT the new Secretary of State, James Madison, refused to
deliver the signed commission to Marbury. Thomas Jefferson refused to honor the
commissions, claiming invalidity because had not been delivered by the end of
Adamss term.
Mandamus will not lie, not the remedy.

Marbury does not have a right to commission, not been delivered under adams
term. PROCEDURE not followed.
President enjoys power to appoint judges or justices PROVIDED that he follows the
law
Petitioner filed suit, writ of mandamus, before the Supreme Court invoking its
original jurisdiction and asking ordering Madison to convey to him what was
rightfully his.
ISSUES & HOLDING *are actually not connected to doctrine syllabus is looking for [Marshall seemed to
have just vented for no apparent reason, WHICH, tbf, became a super legit doctrine]*
o Did Marbury have a right to the commission? YES. Delivery of commission is not the final
act of being commissioned but rather the placing of seal by Sec of State
o Do the laws of the country give Marbury a legal remedy? YES. Judiciary Act of 1789 gave
the SC jurisdiction over writs of mandamus.
Marbury had argued that the Constitution was only intended to set a floor for
original jurisdiction that Congress could add to. Marshall disagreed, saying that
Congress does not have the power to modify the Supreme Court's original
jurisdiction. [separation of powers: went on discussing principle of ministirial duty vs
constituent duty of executive officials | IF the former, they have jurisdiction | IF latter, no,
since purely political and based upon their discretion.]
ALSO found that the Constitution and the Judiciary Act conflict. [paved way to
lengthy discussion on, if and when the consti and a law are in conflict, which would
prevail syllabus doctrine]
The Government of the United States has been emphatically termed a
government of laws, and not of men implying that a separate entity
prevails over things which man, in the form of Congress, may alter at will
affirmed principle of judicial review: acts of Congress in conflict with the
Constitution are not law and the Courts are bound instead to follow the
Constitution, (citing in oath, CONSTI came before laws of the US thus
consti must always prevail)
To what purpose are powers limited, and to what purpose is that limitation
committed to writing, if these limits may, at any time, be passed by those
intended to be restrained
o Is asking the Supreme Court for a writ of mandamus the correct legal remedy? YES but
then SC ha no jurisdiction. sooooo denied
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those
in which a State shall be a Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned [within the judicial power of the United
States], the supreme Court shall have appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such Regulations as the Congress shall
make. U.S. Constitution, Article III, Section 2, Clause 2
Judiciary Act of 1798 proviso mandating and extending SCs jurisdiction is in
conflict with ^^
SC would have jurisdiction over mandamus IF nature is an appeal
TTL Constitutional Law 1 - Loanzon 8
Critics say Marshall was wrong because being a judge, Marbury fell into the cases
affecting ambassadors and other public ministers and consuls
o COURT:
Mandamus not issued. Procedure was not followed
Supremacy of constitution over Judiciary Act must conform
Procedure under the Judiciary Act was followed, invalidated the issuance of the
appointment PROCEDURE IS ACTUAL NOTICE
CAN perform judicial review WHENEVER theres a question of law. Not look at wisdom
of statutes, but implementation thereof
B. THE CONSTITUTION AND THE THREE BRANCHES OF GOVERNMENT
Read Articles VI, VII and VIII of the Constitution
Legislative comes before other two because ALL members are placed by direct vote
Executive, heads are elected, the rest appointed, although LGUs are elec
Judiciary = most passive branch, people only go to court when they have problems [last bastion of the
constituion]
Sanlakas v Exec Sec when president abandoned his post, considered as constructive resignation
{MARK THIS CASE}: Demetria v. Alba, 148 SCRA 208 (1987), concentrate on pp. 209-210; pp. 214-
218: the enactment of an appropriations act strictly belongs to the legislative branch; no
funds under the G.A.A. may be transferred from one item to the other without congressional
action
Main case:
o Direct action, relief for in junction
o PETITIONERS: concerned citizens of the country | RESPONDENTS: Hon. Alba,
minister of the Budget
o NATURE: Certiorari for prohibition. Preliminary injunction Direct to SC
o FACTS: Pet constitutionality of Sec, 44 PD No. 1177.
The President shall have the authority to transfer any fund, appropriatd for the
different departments, bureas, offices, and agencies for the Executive Department,
which are included in the GAA, to any program, project, activity of any department,
bureau, or office included in the GAA or approved after its enactment
injunction = to maintain status quo
taxpayers, we pay taxes, you use what we pay | members of interim Batasan pambansa
(National Assembly)
FILED during martial law.
Invalid transfer of funds by the Executive Brance by a PD, didnt go back to Congress for
amendment
Encroachment of powers of legislative branch, power to enact GAA under 1973 constitution
^^ 1) authorizes illegal transfer of public money 2) fails to specify objectives and
purpose 3) allows Pres to override safeguards, form & procedure prescribed by
consti 4) undue delegation of legislative powers to exec 5) continued transfer: w/o
 TTL Constitutional Law 1 - Loanzon 9

or in excess of their authority and jurisdiction 6) change in admin theres a need to
hold resolution
Res 1) legal standing, begging advisory only 2) no justiciable controvesy, enacted
pursuant to Sec 16[5] Art VIII 1973 consti 3) rejoinder abrogatin of < by Freedom
Consti, rendered petition moot.
No law shall be passed authorizing any transfer of appropriations,
however the President, Prime Minister, Speaker, Chief Justice of the SC and
the heads of ConComs may by law be authorized to augment any item in
the GAA law for their respective offices from savings in other items of their
respective appropriations
Pet has no legal standing, exercise of power of pres to transfer funds was allowed
under 1973 constitution.
Matter has become moot and academic on the grounds of abrogation of said
proviso 1987 constituion already in effect.
Court go forth with case, abrogation of ^^ not grounds to dismiss case since
LARGER issues invoved
Legal standing: have interest in the case as taxpayers and as members of National
Assembly
PD UNCONSTI for encroaching on the prerogative of legislative under 1973
Even with extraordinary circumstances, constitution is always in effect.
Not moot and academic, not acting in the sphere of responsibility | whats in
question are acts done prior to 1987 consti. Operative fact. When the law is valid,
everyone has to follow the law. When its not valid, cant invoke as defense
Have right to look at abuses so as to not happen again. GUIDE for bench
FUNCTIONS OF JUDICIAL REVIEW:
1. Legitimizing function: when law says valid, not valid, it legitimizes the law
2. Checking: SEPARATION OF POWERS checks and balances of powers, no to encroachment of fucntions
of each separate branches.
3. Symbolic: Expanded power of judicial review, even if a matter had become moot and academic, will
take a pro~ approach when issues are of public interest and of transcendental importance, provide
guide so future members of bench, bar, may refer to that if a similar situation is to happen in the
future
o ISSUE: WON Sec 44, PD No. 1177 is unconsti. YES. Null and void for being such
o RATIO: separation of powers
Executive acted beyond scope of consti powers, WHEN President was allowed to
transfer funds TO ANY program etc in the GAA, 1) no distinction if the transferred
funds are savings 2) cross-border transfer
C. OPERATIVE FACT DOCTRINE
Read any material available in the internet.
For the bar, pay attention to cases with dates. Looking into if you pay attention to details
GENERAL RULE: The interpretation (or declaration) of unconstitutionality is retroactive in that it
applies from the laws effectivity.
EXCEPTION: OPERATIVE FACT DOCTRINE {a bit related to Art. 5 RPC}
Subsequent declaration of unconstitutionality does not nullify all acts exercised in line with [the law].
The past cannot always be erased by a new judicial declaration. [Municipality of Malabang v. Benito
(1969), citing Chicot County {also cited in Taada v. Tuvera}]
o Implies is that a law remains to be operative and constitutional until the same has been
declared void.
o based on fair play and equity. It operates when the declaration of a law's unconstitutionality
will result in undue burden to those who rely on the law that is presumed to be
legal and constitutional until declared otherwise.
retroactive application to a declaration of unconstitutionality would be unfair
inasmuch as such approach would penalize the farmers who merely obeyed then
valid laws.
it is entitled to obedience and respect, recognizing that the existence of a statute
prior to a determination of unconstitutionality is an operative fact and may have
consequences which cannot always be ignored. The past cannot always be erased
by a new judicial declaration. [Yap v. Thenamaris Ships Management]
Tanada v. Tuvera, 136 SCRA 27(1985) focus on pp. 33-35; pp. 40-41: even under extraordinary
circumstances, a law must be published; the Civil Code provision on effectivity of laws will
apply unless the law provides for another date of effectivity
Main Case:
o NATURE: Mandamus. Direct to SC
o PETITIONER: Lorenzo Tada RESPONDENT: Juan Tuvera, Exec Assistant office of the
Pres
o FACTS: Petitioners sought to compel respondent public officials to publish and/or
publication in the OG of various PDs, LOIs, General Orders, Presidential Proclamations,
Executive Orders, Administrative Orders. Respondents countered suit by saying
petitioners have no legal standing making legal personality required in instituting
mandamus. Petitioners: concerns a public right and performance of public duty, so right
to compel.
o Direct action, Mandamus to publish | Decided during martial law, Marcos has powers of both exec and
legislative
Petitioner Respondent Court
Tanada: relief mandamus Tuvera
Legal standing as tax payers, No legal standing, they do not Publication is need, Sec 1
persons whose rights are suffer any injury. Failed to site Commonwealth
affected SPECIFIC PDs LOIs that cause
them injury
- one who goes to court must
come with a
 TTL Constitutional Law 1 - Loanzon 10

Ask SC to issue, require Office Invoked NCC provision on Essence of due process is end of the year. IF you not
of President to publish ALL PDs publication [Art. 2 NCC] NOTICE [sec. 1 art. III] earmarked budget then converted
LOIs, and other issuances | includes OG. - required in the law, persons into savings
Invoking voliation of due rights are against the law must Impounded money allocated by
process be put notice congress by getting the money
Substantive rights o Who has the right to appropriate savings: President (only refers to OP proper), Sen Pres, Speaker of
HOR, CJ, Heads of CSC, COMELEC, COA
o o DOCTRINES:
o RESPONDENTS: publication in OG is not a sine que non requirement for effectivity. Not CROSS-BORDER transfer of funds are constitutionally infirm. Constitutional basis:
indispensable for effectivity IMPOUNDMENT OF FUNDS is only when theres a discontinue of public funds
o PERTINENT LAWS: appropriated to Congress, upon the discretion of the President. | Jurisprudence:
Sec 6, Art VI, 1973 Consti = Peoples right to be informed on matters of public PhilConsti Assoc v Enriquez
concern OPERATIVE FACT DOCTRINE: Prior to a law/statute/act is nullified, its existence as a
Art. 2, Civil Code = Laws shall take effect after 15 days following the completion of fact must be reckoned with. May have consequences which cannot justly be ignored.
their publication in the OG unless it is otherwise provided. Past cannot always be erased by a new judicial declaration.
o ISSUES: WON publication is sine qua non requirement for effectivity Defined further term executive act including not only quasi-legislative in
o HELD: NOOOOOO. With qualification, respondents to publish issuances, WHICH are of nature, but also quasi-judicial
general application, and unless so published, they shall have no binding force and effect. Broad enough to encompass decisions of admin bodies and agencies under
o DOCTRINE IN SYLLABUS: extraordinary circumstance where President has power to exec dep, which are subsequently revoked by agency questioned of nullified by
legislate laws. Issuances/Laws presented in media, selected, PEOPLE no way of coming to court.
know of Presidential law-making process. W/O publication, people would have no means of o NATURE OF PETITION: Certiorari under Rule 65. Direct action to SC.
knowing what PDs have been promulgated. o PETIONER: Petitioners assailed constitutionality of DAP, allowing Executive to
allocate/transfer funds out of savings to augment appropriations of offices, NOT limited to
{MARK THIS CASE}Araullo v. Aquino, G.R. No.
209287, 1 July 2014; Read the facts and Part 6 of the just the Executive branch of Government stated Sec. 29(1) Art. VI of 1987 Consti no
main decision only: while DAP is not unconstitutional, cross border transfer of funds is money shall be paid out of the Treasury except in pursuance of an appropriation made by
law.
unconstitutional; read discussion on the impoundment of public funds under approved
o RESPONDENTS: Through Sec Abad and Hon. Mendoza, contended:
budget and the power to discontinue use of public funds 1) DAP been executed since 2011. 2) Great purpose of the Executive pushing
*this is quite comprehensive, relevant parts, Doctine v and summary at the end* agencies to spend money appropriated to them.
o Direct action, certiorari, prohibition and mandamus 3) President has discretion to do such [stated consti provision], given that there
Petitioner Respondent Court was a request AND need by other branches of government (COA & HOR) 4)
Araullo et al. Aquino III Transfer of funds to be considered aid and not augmentation.
Taxpayers suit: Funds came from line agencies, Partial Granting o ISSUE: relevant to syllabus: WON DAP, NBC No. 541 and other related issuances of DBM
Legal standing as required to surrender their funds to Legal standing: YES, taxpayers, and are constitutional. WON the Doctrine of Operative Fact is applicable.
tax payers, persons executive, before the end of fiscal funds are being assailed o HELD: NAAAH. Partially GRANTS the petitions for certiorari and prohibition; and
whose rights are year. LOGIC dictates that savings can DECLARES the following acts and practices under the Disbursement Acceleration Program,
affected be known only at the end of the National Budget Circular No. 541 and related executive issuances UNCONSTITUTIONAL for
period budget was alloted. being in violation of Section 25(5), Article VI of the 1987 Constitution and the doctrine of
No public funds can be spent if not separation of powers, DAP constitutional
in appropriation, WHEN president o RATIO: (court)
issued EO, violative of GAA (would
NBC No. 541: discussion below w/ regards to cross-border transfer of funds.
presume all amount of money
DBM and Exec department, in essence, acted in excess of their jurisdiction.
would be spent for those listed)
Encroachment on the power of purse belonging to the legislative.
Savings: year must come at the

Though unconstitutional, operative fact doctrine should be applied due to extra-
ordinary circumstance of the case, AND if doctrine not applied, absolute nullity of
DAP could literally cause physical undoing of such worthy results by destruction,
would then result to most undesirable wastefulness.
CROSS-BORDER TRANSFER/AUGMENTATIONS:
Phrase in GAA 2011 & 12 for their respective offices delineated borders between offices. Such are
prohibited from crossing over to another office EVEN in the guise of augmentation
o Oral Arguments:
o J Bersamin asked Abad if in his entire time in DBM, had the Exec dept ever redirect any
part of savings of National Government cross border to another department. YES. Two
instances BUT tenor of consti provision is CLEAR that it is allowed ONLY for respective
offices
o HOR request to build e-lib. Lacked 43m to complete 250m. COA observed they have to
continue building or else equipments amongst others would suffer from deterioration. |
COA also needed IT equipments in said building
o Take note of the request [could this be the 50m estrada was referring to?]
o President saw it was important for litigators and commission, granted request.
Abad: we felt prohibition was on the transfer of appropriations thats
how we saw (interputed) III. The Philippine Constitution
Bersamin: So your position as Secretary of Budget is that you could do
that?
Abad: In an extreme instance because (interupted)
Bersamin: No, no, in all instances, extreme or not extreme, you could do
that, thats your feeling. LOL
(too funny not to include)
o Executive transferred 144m and 250m to COA and HOR [equality nga naman daw LOL]
Respondent contention: Consti not prevent Pres from transferring saving of his dept
to another department UPON latters request, PROVIDED receipient dept will use
funds to augment own appropriation
Mendoza contention: governments position some transfers of savings considered to
be AID not AUGMENTATION, residual powers labelled in Marcos v Manglapus, in
very extra-ordinary situation
o NBC No. 541 (Adoption of Operational Efficiency Measure Withdrawal of Agencies
Unobligated Allotments as of June 30, 2012), alleging that NBC No. 541, which was issued
to implement the DAP,
IMPOUNDMENT OF PUBLIC FUNDS:
o Petitioners: no law authorizing withdrawal and transfer of unobligated allotments and
unreleased appropriations - > only allowed in cases of unmanageable national
government budget deficit UNDER the GAAs
o Respondents: NBC No. 541 adopted spending NOT saving, in an effort of Executive to push
agencies to actually spending appropriations, NOT impoundment scheme. Impoundment
TTL Constitutional Law 1 - Loanzon 11
definition: Exec to refuse to spend funds for political or ideological reasons [reason for
transfer, mentioned above, WAS A NEED to continue performance of duty COA, HOR] stat
basis: Sec 38, Chapter 5 Book VI Administrative Code: President granted authority to
suspend/stop further expenditure to ANY agency whenever his judgment the public interest
is required.
o COURT: YES, no legal support. NO, not considered impoundment.
o Phil Consti Assoc v Enriquez defined impoundment:
Refers to refusal by president, for whatever reason, to spend funds made available
by Congress. Failure to spend or obligate budget authority of any type.
Impoundment in GAA definition: retention or deduction of appropriations. And is
authorized ONLY in case of unmanageable Natl Govt budget deficit [Sec 67,
Chapter 5 Book VI of E.O. No. 292]
o THUS withrawal of unobligated allotments by DAP NOT impoundment, COZ only retention
not reduction or deduction
o SUMMARY: President has power to discontinue use of public funds ONLY if it falls under
cases enumerated under Unmanageable National Government budget deficit |
impoundment of funds ^^
A. CONSTITUTION DEFINED; PURPOSES
Definition: the body of rules and maxims in accordance with which the power of sovereignty
are habitually exercised. (Cooley)
Purposes: to provide for a framework of government, identify basic structures of
government and assign their respective powers and duties, establish principles
upon which the government is founded and its relationship to its constituents.
Constitutions classified:
* Written or unwritten;
written unwritten
Precepts embodied in one Rules not integrated into a single, concrete form (scattered):
document or set of documents. statutes, judicial decision, commentaries, customs, traditions)
* Rigid or flexible;
rigid flexible
May not be amended except through a special May be changed in the same manner and
process distinct in form. [purpose: to make it through the same body that enacts ordinary
difficult to change = greater degree of stability] legislation (Brit Consti)

* Enacted or evolved
enacted evolved
(conventional) (cumulative)
Formally struck off at a definite time and place ff Result of political evolution, not inagurated at
a conscious or deliberate effort taken by a any specific time but changing by accretion
constituent body or ruler rather than by any systematic method
Nicolas v. Romulo, 578 SCRA, Read the facts and cover only the portion of the decision on
the adoption of the Mutual Defense Treaty under the 1935 Constitution: every treaty needs
ratification of the Senate; any agreement in furtherance of a duly-ratified treaty does not
need any action from the Senate
o NATURE: Certiorari, special civil action, review of CA
RTC found Smith guilty of Nicolass rape, in dispositive included Pursuant to Art. V,
par. 10 of VFA, shall serve his sentence in the facilities to be agreed upon by
appropriate Phil and US authorities
Romulo-Kenney Agreement 1) to be returned to US military in US embassy 2)
explained said detention cell, Phil and jail authorities to have access
CA: affirmed decision, dismissed appeal -> now SC
o PETITIONERS: Concerned citizens + Nicolas victim
o RESPONDENT: Romulo, Sec of Foregin affairs, amongst others
o FACTS: mentioned in journey to SC
o ISSUES: 1) Phil should have custody 2) VFA void and unconsti
o HELD: Partial. YES phil custody, Romulo-Kenney Agreement void, not in accordance with
consti 2) VFA constitutional
o RATIO: VFA implementing legislation to carryout obli and undertakings of Mutual Defense
Treat
Was duly concurred in by Phil Senate AND recognized as treaty by US falling under
Case-Zablocki Act. (entered by Pres, submitted to Congress w/in 60 days of
ratification, then immediately implemented)
Consti framers International law/principles application in domestic courts varies from
coutry to country, that while Phils ratified treaty with senate, CANNOT force other
nation to convert their system to align with Phils. SIMPLY required to be recognized
by other State, WHICH in this case, yes cause under Case-Zablocki Act
*syllabus doctrine* VFA an agreement in furtherance of a duly-ratified treaty, Mutual
Defense Treaty, does not need any action from Senate.
B. HISTORY OF THE PHILIPPINE CONSTITUTION
* Pre-Hispanic period: system of laws promulgated by the datu and/or council of
elders.
* 1521: start of the Spanish Regime/Civil Law of Spain was enforced for 300 years.
TTL Constitutional Law 1 - Loanzon 12
* June 12, 1898. Proclamation of the Philippines Independence
* January 21, 1899: Establishment of the First Philippine Republic
* -Adoption of the Malolos Constitution
* December 10, 1898: signing of the Treaty of Paris where Philippines was ceded to
U.S.A; organization of a military government by U.S. A.
* Creation of the Schurmann Commission (First Philippine Commission)
* Taft Commission (Second Philippine Commission)
* July 4, 1901: with the Spooner Amendment, civil government was established with
William Harvard Taft as Governor.
* Philippine Bill of 1902: called for the creation of the Philippine Commission in a
bicameral legislature in 1907.
* Jones Law of 1916: promulgation of the Philippine Autonomy Act creating the Senate
and the House of Representatives.
* Tydings McDuffie Act of 1935: established the Philippine Commonwealth
* May 14, 1935: ratification of the Philippine Constitution
* November 15, 1935: inauguration of the Commonwealth Government with Quezon as
President and Osmea as Vice President.
* World War II placed the Philippines under the control of Japan and the adoption of
the 1944 Constitution
* July 4, 1946: U. S. A. formally withdrew its sovereignty and President Manuel Roxas
assumed the leadership; reinstatement of the 1935 Constitution
* September 21, 1972: Declaration of Martial Law of Pres. Ferdinand E. Marcos.
* January 17, 1973: Adoption of the 1973 Constitution under Proclamation No. 1102.
* January 17, 1981: Lifting of Martial Law under Proclamation No. 2045.
* 1985: Call for Snap Election by President Marcos.
* February 1986 People Power installed President Corazon C. Aquino.
* Proclamation No. 1, February 28, 1986 (adoption of a Provisional/Revolutionary
Government)
* Executive Order No. 1, February 28, 1986
* Proclamation No. 3, March 25, 1986 ( Adoption of a Provisional Constitution)
* February 2, 1987: adoption of the 1987 Constitution
C. THREE BASIC PARTS OF A CONSTITUTION
(1) Constitution of Liberty: Bill of Rights

o Fundamental rights of the people. [Lambino v Comelec 2006]
o Art. III
o Consti II
(2) Constitution of Government: Government Organization and Functions
o Establishes the structure of government, its branches and thei operation
o Arts. VI (Legislative), VII (Executive), VIII (Judicial), IX (ConCom)
o bureaucracy
(3) Constitution of Sovereignty: Method of Amendment
o Provides how the constitution may be changed
o Art XVII
D. SALIENT FEATURES OF THE PHILIPPINE CONSTITUTION
* Consists of 18 Articles
* Retention of the three branches of government
* Strengthening of the Constitutional Commissions
* Autonomy of the local governments
* Emphasis on empowerment of the people under the Bill of Rights and other related
provisions
E. SELF-EXECUTING AND NON-EXECUTING PROVISIONS
Provisions which need congressional action to take effect
SELF-EXECUTING:
Provisions which are complete in themselces and do not need enabling legislation for operation,
judicially enforceable per se. Nature and extent of right conferred and the liability imposed are fized
by consti itself [Manila Prince Hotel v GSIS]
GENERAL RULE: All provisions of consti are self-executing
EXCEPTION: Statement of general principles, such as those in Art. II | Consti provision on personal
dignity, sanctity of family life, vital role of youth etc, MERELY GUIDELINES for legislators.
EXCEPTION TO EXCEPTION: Right to a balancaed and healthful ecology, self-executing
F. GENERAL PROVISIONS
(1) The Philippine flag, Art. XVI, Sec. 1
{Sec 1, Art XVI - General Provisions, 1987 Constitution}
The Flag of the Philippines shall be red, white and blue, with a sun and three stars, as
consecrated and honored by the people and recognized by law.
o Can only be changed by constitutional amendment
TTL Constitutional Law 1 - Loanzon 13
(2) The countrys name, national anthem and government seal, Art. XVI, Sec. 2
{Sec 2, Art XVI - General Provisions, 1987 Constitution}
The Congress, may, by law, adopt a new name for the country, a national anthem, or a
national seal, which shall all be truly reflective and symbloic of the ideas, history, and
traditions, of the people. Such law shall take effect only upon its ratification by the
people in a national referendum
o Can be changed by law, take effect only after ratification in a national referendum
(3) The Armed Forces of the Philippines
(a) Concept of a citizen army, Art. XVI, Sec. 4
{Sec 4, Art XVI - General Provisions, 1987 Constitution}
The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo
military training and serve as may be provided by law. It shall keep a regular force necessary for the
security of the State,
(b) Regulation of the armed forces, Art. XVI, Sec. 5, Art. XVIII, Sec. 24
{Sec 5, Art XVI - General Provisions, 1987 Constitution}
(1) All members of the armed forces shall take an oath or affirmation to uphold and defend this
Constitution.
(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military,
and respect for people's rights in the performance of their duty.
(3) Professionalism in the armed forces and adequate remuneration and benefits of its
members shall be a prime concern of the State. The armed forces shall be insulated from
partisan politics.
No member of the military shall engage, directly or indirectly, in any partisan political
activity, except to vote.
(4) No member of the armed forces in the active service shall, at any time, be appointed or
designated in any capacity to a civilian position in the Government, including government-
owned or controlled corporations or any of their subsidiaries.
(5) Laws on retirement of military officers shall not allow extension of their service.
(6) The officers and men of the regular force of the armed forces shall be recruited
proportionately from all provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces shall not exceed three years.
However, in times of war or other national emergency declared by the Congress, the
President may extend such tour of duty

{Sec 24, Art XVIII - Transitory Provisions, 1987 Constitution}
Private armies and other armed groups not recognized by duly constituted authority shall be
dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the
citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted
into the regular force.
balanced flow of information into, out of, and across the country, in accordance with a policy that
(4) The national police, Art. XVI, Sec. 6
{Sec 6, Art XVI - General Provisions, 1987 Constitution}
The State shall establish and maintain one police force, which shall be national in scope and
civilian in character, to be administered and controlled by a national police commission. The
authority of local executives over the police units in their jurisdiction shall be provided by law.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public
(5) The retirement and other benefits: War veterans, Art. XVI, Sec. 7; and
{Sec 7, Art XVI - General Provisions, 1987 Constitution}
The State shall provide immediate and adequate care, benefits, and other forms of assistance to war
veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be
provided therefor and due consideration shall be given them in the disposition of agricultural lands
of the public domain and, in appropriate cases, in the utilization of natural resources.
(6) Government and private sector retirees, Art. XVI, Sec. 8
{Sec 8, Art XVI - General Provisions, 1987 Constitution}
The
State
shall, from time to time, review to increase the pensions and other benefits due to Constitution
retirees of both the government and the private sectors.
(7) Consumer protection, Art. XVI, Sec. 9
{Sec 9, Art XVI - General Provisions, 1987 Constitution}
The State shall protect consumers from trade malpractices and from substandard or hazardous
products
TTL Constitutional Law 1 - Loanzon 14
(8) Mass and advertising media, Art. XVI, Sec. 10
{Sec 8, Art XVI - General Provisions, 1987 Constitution}
The State shall provide the policy environment for the full development of Filipino capability and the
emergence of communication structures suitable to the needs and aspirations of the nation and the
respects the freedom of speech and of the press
(a) Ownership and management of mass media, Art. XVI, Sec. 11(1)
{Sec 11(1) Art XVI - General Provisions, 1987 Constitution}
(1) The ownership and management of mass media shall be limited to citizens of the Philippines, or
to corporations, cooperatives or associations, wholly-owned and managed by such citizens.
interest so requires. No combinations in restraint of trade or unfair competition therein shall be
allowed.
(b) Ownership of advertising companies, Art. XVI, Sec. 11(1), Art. XVIII, Sec. 23
{Sec 23, Art XVIII - Transitory Provisions, 1987 Constitution}
Advertising entities affected by paragraph (2), Section 11 of Article XV1 of this Constitution shall have
five years from its ratification to comply on a graduated and proportionate basis with the minimum
Filipino ownership requirement therein
IV. Adoption of a Constitution and Introducing Changes in the
A. THE AMENDING PROCESS
(1) How instituted
(a) Congress, Art. XVII, Sec. 1 (1)
{Sec 1, Art XVII - Amendments & Revisions, 1987 Constitution}
Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
 TTL Constitutional Law 1 - Loanzon 15

B. JUDICIAL REVIEW OF THE AMENDING PROCESS, ART. VIII, SEC. 1, PARAGRAPH 1

(b) Constitutional Convention, Art. XVII, Sec. 8
{Sec 1, Art XVII - Amendments & Revisions, 1987 Constitution}
Any amendment to, or revision of, this Constitution may be proposed by:
(2) A constitutional convention
(c) The people through initiative, Art. XVII, Sec. 2
{Sec 1, Art XVII - Amendments & Revisions, 1987 Constitution}
Amendments to this Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the registered voters therein.
No amendment under this section shall be authorized within five years following the ratification of
this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
(2) How ratified:
(a) In case of amendments proposed by Congress or a Convention, Art. XVII,
Sec. 4, paragraph 1
{Sec 1, Art VIII, 1987 Constitution}
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Lambino v. COMELEC, 505 SCRA 160 (2006); read pp. 219-223, 228-261 only: read the
distinction made by the Court between amendment and revision; understand the reason
why there is a need for the distinction and why not all modes may be utilized; and the
extent of the power of the people to initiate changes in the Constitution.
C. EFFECTIVITY
De Leon v. Esguerra, 153 SCRA (1987), 602-607 for the majority opinion and 607-616 for
concurring opinion of Teehankee, J.

{Sec 4(1), Art XVII - Amendments & Revisions, 1987 Constitution}

Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified
by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or revision.

(b) In case of amendments proposed through initiative, Art. XVII, Sec. 4,

paragraph 2

{Sec 4(2), Art XVII - Amendments & Revisions, 1987 Constitution}

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in
a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the
certification by the Commission on Elections of the sufficiency of the petition.
 TTL Constitutional Law 1 - Loanzon 16

Part Two: GENERAL CONSIDERATIONS

(2) Territorial waters
(3) Contiguous Zone
(4) Archipelagic waters
(5) 200 mile exclusive economic zone
A. Concept of a State
(6) High Seas
(1) State Defined
Relevant provisions of the U.N. Convention on the Law of the Seas, April 30, 1982:
Collector of Internal Revenue v. Campos Rueda, 42 SCRA 23 (1971)
Internal waters of the Philippines consist of waters around, between and connecting the
(2) Elements of a state
islands of the Philippine Archipelago, regardless of their breadth and dimensions, including
2.1. Territory The Archipelago Concept, Article I
the waters in bays, rivers and lakes. No right of innocence passage for foreign vessels exists
in the case of internal waters. (Harris, Cases and Materials on International Law, 5th ed., 1998,
{Art I National Territory, 1987 Constitution} p. 407).
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 Under UNCLOS, however, warships enjoy a right of innocence passage when a portion of the
of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the territorial water of the coastal state is used for international navigation.
insular shelves, and other submarine areas. The waters around, between, and connecting the islands
Article 42(2) of UNCLOS provides that there shall be no suspension of innocent passage
of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
through straits used for international navigation. The right of the coastal state to suspend
the same requires that the coastal nation must publish the same and without any
publication, it cannot insist to suspend the use of such body of water. A claim that
* Territory The Archipelago suspension of innocence passage is necessary for national security may be cited by the
(a) Treaty limits: Treaty of Paris, Art. III coastal state. Upon the other hand, if a war ship delayed its right of innocence, the same
may justified under Article 18(2) of UNCLOS if the delay was caused by rendering assistance
> Treaty between Spain and U.S. concluded at Washington on November 7, 1900
to persons or ship in distress.
and that between U.S. and Great Britain on
> January 2, 1930 Contiguous zone is the zone contiguous to the territorial sea and extends up to twelve
(b) Method of determining baselines nautical miles from the territorial sea and over which the coastal state may exercise control
necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and
> R.A. No. 3046, June 17, 1961: Archipelagic straight line approach
regulations within the territory or territorial sea. (Article 33 of UNCLOS)
> R.A. No.5446, September 8, 1968: Amending R.A. 3046
> R.A. No. 9522, March 10, 2009: Philippine Baselines Law Exclusive Economic Zone is the zone extending up to 200 nautical miles from the baselines
of a state over which the coastal state has sovereign rights for the purpose of exploring and
* Other territories over which the Philippines has sovereignty or jurisdiction
exploiting, conserving and managing its natural resources, whether living or non-living, of the
> P.D. No. 1596, June 11, 1978 waters super adjacent to the seabed and of the seabed and subsoil and with regard to other
* Two Hundred-Mile Exclusive Economic Zone under the following: activities for the economic exploitation and exploration of the zone. (Articles 56 and 57,
> P.D. No. 1599, June 11, 1978 UNCLOS)
> U.N. Convention on the Law of the Seas, April 30, 1982 Flag state means a ship has the nationality of the flag of the state it flies, but there must be
Classification of waters under the UNCLOS a genuine link between the state and the ship. (Article 91, UNCLOS)
(1) Internal or national waters
 TTL Constitutional Law 1 - Loanzon 17

Flag of convenience refers to a state with which a vessel is registered for various reasons upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under
such as low or non-existent taxation or low-operating costs although the ship has no conditions provided by law, to render personal, military or civil service.
genuine link with that state. (Harris, ibid. p.425)

{ Sec. 7, Art III Bill of Rights, 1987 Constitution}

2.2. People
* Different meanings of words people:
(a) People as inhabitants, Art. XIII, Sec. 1; Art. III, Sec. 2
{Sec. 1, Art XIII Social Justice & Human Rights, 1987 Constitution}
The Congress shall give highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and
its increments.
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 data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.
(c) People as source of sovereignty, Art. VII, Sec. 4
{Secs 4 (1), Art VII, 1987 Constitution}
The President and the Vice-President shall be elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of June next following the day of the election and
shall end at noon of the same date, six years thereafter.

{Sec. 2, Art III Bill of Rights, 1987 Constitution}

The right of the people to be secure in their persons, houses, papers, and effects against
2.3. Sovereignty; Dominion and Imperium, distinguished
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and Isagani Cruz v. Sec. of DENR, G. R. No. 135385, Dec. 6, 2000: right of the state to own and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined exercise dominion over lands of public domain and natural resources
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 Frivaldo v. COMELEC, 257 SCRA 727: qualified elective public officials owe their mandate
things to be seized. from the people contrast this with
Main issue: WON Frivaldo qualifies to be elected
Frivaldo Lee Court
Qua Chee Gan v. Deportation Board, 9 SCRA 27 (1963): while the power to Sought that he continues to hold his Questioned the process of Repatriation of Frivaldo is valid
deport has been delegated to the Bureau of Immigration and Deportation, it post as Gov. of Sorsogon Frivaldos repatriation
cannot be vested with the power to detain aliens without complying with the Questioned the action of the Questioned validity and effectivity Being a Filipino on the day of the
constitutional requirements on the issuance of a warrant of arrest under Sec. COMELEC which disqualified him and Frivaldos repatriation (June 30, election, Frivaldos selection is
cancelled his C.O.C. 1995. 2pm) valid
2, Article II of the Constitution Wanted COMELEC to affirm his victory **to assume office June 30, 1995, One must possess all
(b) People as citizens, Preamble, Art. II, Sections 1 and 4; Art. III, Sec. 7 over his 12nn!! qualification upon election, not
on proclamation

Macquiling v. COMELEC, G.R. No. 195649, July 2, 2013: a second placer in an election can
{Secs 1 & 4, Art II Declaration of Principles & State Policies, 1987 Constitution}
1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all be declared winner if the Certificate of Candidacy of the proclaimed winner was void
government authority emanates from them. from the beginning
LocGov Code:
4. The prime duty of the Government is to serve and protect the people. The Government may call - if the mayor is disqualified, by operation of law, vice mayor would assume position
 TTL Constitutional Law 1 - Loanzon 18

Macquiling Arnado Court 2.4. Government: Structure and Territorial, Personal, and Extra-territorial Jurisdiction
Macquiling intervenor in Was elected as Mayor (questioned by Petition granted:
opossition | intervened if he was elected vice mayor) When arnado filed his COC, he governement is a buerocracy. Terrirorial, personal, and extra-territorial (crim law, embassy, PAL, extra-territorial)
disqualified, then I should be - alleged he was natural born was no longer a Filipino Citizen
proclaimed the winner, because I - became an American citize, but was The use of a foreign passport is B. Citizenship, Art. IV
was second to him. Law of subsequently repatriated under R.A. a proof of ones nationality
succession would not apply 9225 J udicial, A dministrative, L egilative can be acquired (JAL- shushal)
- thus reverting back to a Filipino Good law: second placer can be (1) NATURAL-BORN CITIZENS ART. IV, SEC. 2
citizen declared winner if COC of
candidate void ab initio
Balua questioned citizenship of Arnado, {Sec 2, Art IV - Citizenship, 1987 Constitution}
based on the use of American Passport Natural-born citizens are those who are citizens of the Philippines from birth without having to
when travelling after supposed
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
renunciation
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Ho v. Republic and Gui G.R. No. 130115 July 16, 2008: right of the state over lands of Those who were born in the US: still Filipino.
public domain Philippines follow jus sanguini
When Vicente has come of age, registration of property can be transferred to him. Deceased was a chinese Other countries, like US, jus soli (soil, lanc)
citizen, thus cant own land. Sold to sibs-in-law, then Misc Sale in favor of Gui
Ho et al Vicente Gui (republic) Court
Wanted property left by the Republic as a party litigan! Under Petition denied. The following are citizens of the Philippines:
deceased to be partitioned regalian doctrine: the State owns -since state owns the land, (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
to all siblings everything, so land is owned by the disposition thereof is limited to (2) Those whose fathers or mothers are citizens of the Philippines;
state, so yes. Filipinos
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
Property was only put under OSG: primary opossitor with issues Simulated sales can never be legal.
the name of Gui for regarding citizenship | opposed the 1. By giving sister-in-law money, reaching the age of majority; and
convenience, property was transactions, and contention of the Chinese national circumvented (4) Those who are naturalized in accordance with law.
therefore held in trust for siblings: COURT: we cant, from the start, the law prohibiting aliens to
the family transfer was void, will not produce any own land
legal effect 2. Then when Gui was of age, was {Sec 3, Art IV - Citizenship, 1987 Constitution}
RTC: sales were simulated transferred to him W/O Philippine citizenship may be lost or reacquired in the manner provided by law.
but donation was valid GUI: claimed ownership by virtue of the consideration. THUS such was a
title donation Reacquisition under RA. 9225
- transfer was effected through sale of
the property
CA: deceased is not qualified Property ownership was reverted
to own property. The back to State, so improvements are
{Sec 4, Art IV - Citizenship, 1987 Constitution}
ownership of respondent the only ones that can be divided Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
was valid and partitioned. Intent of deceased omission, they are deemed, under the law, to have renounced it.
[principle of indefeasiblity of made a mockery
title under the Torrens
system] Improvements can
be partitioned {Sec 5, Art IV - Citizenship, 1987 Constitution}
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

What the consti does not allow is dual alligeance, not citizenship
Public Officers who must be natural born citizens:
* President Art. VII, Sec. 2
{Sec 2, Art VII Executive Department, 1987 Constitution}
The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of
No person may be elected President unless he is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age on the day of the election, and a resident of
the Philippines for at least ten years immediately preceding such election.
Grace Poe case now
* Vice President Art. VII, Sec. 3
{Sec 3, Art VII Executive Department, 1987 Constitution}
There shall be a Vice-President who shall have the same qualifications and term of office and be
elected with, and in the same manner, as the President. He may be removed from office in the same
manner as the President.
* Members of Congress Art. VI, Sections 3 and 6
{Sec 3 & 6, Art VI Legislative Department, 1987 Constitution}
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at
3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day
of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately preceding the day of the election.
6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and
write, and, except the party-list representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for a period of not less than one year immediately preceding the day
of the election.
* Justices of the Supreme Court and lower collegiate courts, Art. VIII, Sec. 7 (1)
{Sec 7(1), Art VIII Judicial Department, 1987 Constitution}
(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in
the practice of law in the Philippines.
TTL Constitutional Law 1 - Loanzon 19
* Ombudsman and his deputies, Art. XI, Sec. 8
All the ombudsmans
{Sec 8, Art XI ACCOUNTABILITY OF PUBLIC OFFICERS, 1987 Constitution}
their appointment, at least forty years old, of recognized probity and independence, and members of
the Philippine Bar, and must not have been candidates for any elective office in the immediately
preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in
the practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and prohibitions as provided
for in Section 2 of Article 1X-A of this Constitution.
* Members of the Constitutional Commission, Art. IX, B, Sec. 1 (1); C, Sec. (1); and D,
Sec. 1(1)
COA(3), COM.E.LEC (7 2 divisions, and one chairman), CSC(3)
{Sec 1 (1), Art, IX B. THE CIVIL SERVICE COMMISSION, 1987 Constitution}
The civil service shall be administered by the Civil Service Commission composed of a Chairman and two
least thirty-five years of age, with proven capacity for public administration, and must not have been candidates
for any elective position in the elections immediately preceding their appointment.
{Sec 1 (1), Art, IX C. THE COMMISSION ON ELECTIONS , 1987 Constitution}
There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-
born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of
a college degree, and must not have been candidates for any elective positions in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have
been engaged in the practice of law for at least ten years
{Sec 1 (1), Art, IX D. THE COMMISSION ON AUDIT, 1987 Constitution}
There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-
born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified
Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who
have been engaged in the practice of law for at least ten years, and must not have been candidates for any
elective position in the elections immediately preceding their appointment. At no time shall all Members of the
Commission belong to the same profession

* Members of the Central Monetary Authority, Art. XII, Sec. 20
Filipino for the purposes of using Philippine Peso
{Sec 2, Com. Act No. 473}
{Sec 20, Art XII National Economy and Patrimony, 1987 Constitution}
Qualifications. Subject to section four of this Act, any person having the following qualifications
The Congress shall establish an independent central monetary authority, the members of whose
governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the
majority of whom shall come from the private sector. They shall also be subject to such other
qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction
in the areas of money, banking, and credit. It shall have supervision over the operations of banks and
exercise such regulatory powers as may be provided by law over the operations of finance companies
and other institutions performing similar functions.
Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing
laws, shall function as the central monetary authority
* Members of Commission on Human Rights Art. XIII, sec. 17 (2)
Dapat Filipino,
{Sec. 17 (2), Art XIII Social Justice & Human Rights, 1987 Constitution}
The Commission shall be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office
and other qualifications and disabilities of the Members of the Commission shall be provided by law
Former natural born citizens as transferees of private lands, Art. XII, Sec.8
{Sec 8, Art XII National Economy and Patrimony, 1987 Constitution}
Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines
who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations
provided by law.
Section 7 rule generally accepted and adhered to in PIL, and rules on succession
(2) NATURALIZED CITIZENS UNDER COM. ACT NO. 473
judicial act. Needs judicial declaration. RTC initial filing. NOT MTC, RTC!!
TTL Constitutional Law 1 - Loanzon 20
Who are qualified to be naturalized? Sec. 2
may become a citizen of the Philippines by naturalization:
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of not less than ten
years;
Third. He must be of good moral character and believes in the principles underlying the
Philippine Constitution, and must have conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines in his relation with the constituted
government as well as with the community in which he is living.
Fourth. He must own real estate in the Philippines worth not less than five thousand pesos,
Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of the principal
Philippine languages; and
Sixth. He must have enrolled his minor children of school age, in any of the public schools or
private schools recognized by the Office of Private Education1 of the Philippines, where the
Philippine history, government and civics are taught or prescribed as part of the school
curriculum, during the entire period of the residence in the Philippines required of him prior to
the hearing of his petition for naturalization as Philippine citizen.
When is the 10-year residence requirement reduced to 5 years? Sec. 3
Married, diplimatic core, invented useful invention
{Sec 3, Com. Act No. 473}
Special qualifications. The ten years of continuous residence required under the second condition of
the last preceding section shall be understood as reduced to five years for any petitioner having any
of the following qualifications:
(1) Having honorably held office under the Government of the Philippines or under that of any of
the provinces, cities, municipalities, or political subdivisions thereof;
(2) Having established a new industry or introduced a useful invention in the Philippines;
(3) Being married to a Filipino woman;
(4) Having been engaged as a teacher in the Philippines in a public or recognized private school
not established for the exclusive instruction of children of persons of a particular nationality
or race, in any of the branches of education or industry for a period of not less than two
years;
(5) Having been born in the Philippines.

Who are disqualified to be naturalized? Sec. 4
{Sec 4, Com. Act No. 473}
Who are disqualified. - The following cannot be naturalized as Philippine citizens:
(a) Persons opposed to organized government or affiliated with any association or group of
persons who uphold and teach doctrines opposing all organized governments;
(b) Persons defending or teaching the necessity or propriety of violence, personal assault, or
assassination for the success and predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Persons convicted of crimes involving moral turpitude;
(e) Persons suffering from mental alienation or incurable contagious diseases;
(f) Persons who, during the period of their residence in the Philippines, have not mingled socially
with the Filipinos, or who have not evinced a sincere desire to learn and embrace the
customs, traditions, and ideals of the Filipinos;
(g) Citizens or subjects of nations with whom the United States and the Philippines are at war,
during the period of such war;
(h) Citizens or subjects of a foreign country other than the United States whose laws do not
grant Filipinos the right to become naturalized citizens or subjects thereof.
Declaration of Intention, Sec. 5
OSG and BOI: under department of justice <- why here attached?
- DOJ has national prosecution office. They are the ones who file against persons not qualified
{Sec 5, Com. Act No. 473}
Declaration of intention. One year prior to the filing of his petition for admission to Philippine
citizenship, the applicant for Philippine citizenship shall file with the Bureau of Justice4 a declaration
under oath that it is bona fide his intention to become a citizen of the Philippines. Such declaration
shall set forth name, age, occupation, personal description, place of birth, last foreign residence and
allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the
Philippines, and the place of residence in the Philippines at the time of making the declaration. No
declaration shall be valid until lawful entry for permanent residence has been established and a
certificate showing the date, place, and manner of his arrival has been issued. The declarant must
also state that he has enrolled his minor children, if any, in any of the public schools or private
schools recognized by the Office of Private Education5 of the Philippines, where Philippine history,
government, and civics are taught or prescribed as part of the school curriculum, during the entire
period of the residence in the Philippines required of him prior to the hearing of his petition for
naturalization as Philippine citizen. Each declarant must furnish two photographs of himself.
TTL Constitutional Law 1 - Loanzon 21
Procedure, Sections 7-8
In the hearing: judge will ask client to sing Lupang Hinirang, questions on current events (president, how many
branch of government, how many justices of SC), knowledge acquired proved by stay. Hire a tutor to teach these.
SUFFICIENT that judge sees the sincerity in the purpose of becoming a citizen
- cant be heard 30days before election. Possible that electorate get as much citizens be naturalized to vote for
them
{Secs 7-8, Com. Act No. 473}
7. Petition for citizenship. Any person desiring to acquire Philippine citizenship shall file with the
competent court, a petition in triplicate, accompanied by two photographs of the petitioner, setting
forth his name and surname; his present and former places of residence; his occupation; the place
and date of his birth; whether single or married and the father of children, the name, age, birthplace
and residence of the wife and of each of the children; the approximate date of his or her arrival in
the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on
which he came; a declaration that he has the qualifications required by this Act, specifying the same,
and that he is not disqualified for naturalization under the provisions of this Act; that he has complied
with the requirements of section five of this Act; and that he will reside continuously in the
Philippines from the date of the filing of the petition up to the time of his admission to Philippine
citizenship. The petition must be signed by the applicant in his own handwriting and be supported by
the affidavit of at least two credible persons, stating that they are citizens of the Philippines and
personally know the petitioner to be a resident of the Philippines for the period of time required by
this Act and a person of good repute and morally irreproachable, and that said petitioner has in their
opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way
disqualified under the provisions of this Act. The petition shall also set forth the names and post-
office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the
case. The certificate of arrival, and the declaration of intention must be made part of the petition.
8. Competent court.The Court of First Instance of the province in which the petitioner has resided
at least one year immediately preceding the filing of the petition shall have exclusive original
jurisdiction to hear the petition.
When decision is executed, Sec. 1
Work of Clerk of court.
{Sec 1, Com. Act No. 473}
 TTL Constitutional Law 1 - Loanzon 22

Effect on wife and minor children, Sec. 15 naturalization certificate shall be forwarded by the clerk of the Court to the Department of
the Interior and the Bureau of Justice.
5. If it is shown that the naturalized citizen has allowed himself to be used as a dummy
{Sec 15, Com. Act No. 473} requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right,
Effect of the naturalization on wife and children.Any woman who is now or may hereafter be franchise or privilege.
married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed
a citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the Philippines shall be
considered citizens thereof. Tak Ng v. Republic, G.R. L-13017, December 23, 1959
A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the
parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in
Tak Ng OSG Court
the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during
Chinese national, filed for citizenship Opposed petition based Tak Ng doesnt deserve to become a
his minority, unless he begins to reside permanently in the Philippines when still a minor, in which under CFI, on evidence gathered Filipino Citizen
case, he will continue to be a Philippine citizen even after becoming of age. 1) Possess all qualifications, 1) Tak Ng at the time perjured himself 3x, never declared
A child born outside of the Philippines after the naturalization of his parent, shall be considered 2) none of the disqualifications of hearing was relationship and children
a Philippine citizen, unless one year after reaching the age of majority, he fails to register himself as a 3) Dec of Intention & petition for already married to never declared conviction
Philippine citizen at the American Consulate of the country where he resides, and to take the naturalization [both under oath]: a Filipina - good moral character lacking:
necessary oath of allegiance declarerd he was single, not married, 2) Have had three conviction and non-disclosure of
w/o children children with material facts surrounding personal
Filipina wife circumstances

Denaturalization, Sec. 18 Owner of establishment is guilty of 3) Had a conviction for Illogical and absurd if not guilty because
profiteering, not him profiteering (moral he pleaded guilty
If one engages in anarchy, poligamy, overthrow the government, will be denaturalized turpitude issue)

{Sec 18, Com. Act No. 473}

Cancellation of Naturalization Certificate Issued. - Upon motion made in the proper proceedings by (3) CITIZENSHIP BY LEGISLATIVE ACT
the Solicitor-General or his representative, or by the proper provincial fiscal, the competent judge Blache was granted citizenship to play for Gilas sana acts ng senado, congress, iniisip eh noh?
may cancel the naturalization certificate issued and its registration in the Civil Register:cralaw
1. If it is shown that said naturalization certificate was obtained fraudulently or illegally.
2. If the person naturalized shall, within the five years next following the issuance of said (4) LOSS AND REACQUISITION OF CITIZENSHIP. ART. IV, SEC. 3, SEC. 2
naturalization certificate, return to his native country or to some foreign country and non self-executing
establish his permanent residence there: Provided, That the fact of the person naturalized
remaining for more than one year in his native country or the country of his former
nationality, or two years in any other foreign country, shall be considered as prima facie {Sec 3 & 2, Art IV - Citizenship, 1987 Constitution}
evidence of his intention of taking up his permanent residence in the 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
same;chanroblesvirtualawlibrary
3. If the petition was made on an invalid declaration of intention;chanroblesvirtualawlibrary
4. If it is shown that the minor children of the person naturalized failed to graduate from a 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
public or private high schools recognized by the Office of Private Education of the Philippines, perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
where Philippine history, government and civics are taught as part of the school curriculum, citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
through the fault of their parents either by neglecting to support them or by transferring
hem to another school or schools. A certified copy of the decree cancelling the
 TTL Constitutional Law 1 - Loanzon 23

citizenship upon taking the following oath of allegiance to the Republic:

(5) DUAL CITIZENSHIP: R.A. NO. 9139 THE ADMINISTRATIVE NATURALIZATION LAW OF
I _______________, solemnly swear (or affirm) that I will support and defend the
2000 Constitution of the Republic of the Philippines and obey the laws and legal orders
In Re: Vicente Ching, Bar Matter No. 914, promulgated by the duly constituted authorities of the Philippines; and I hereby declare that
I recognize and accept the supreme authority of the Philippine and will maintain true faith
Vicente Ching OSG Court and allegiance thereto; and that I impose this obligation upon myself voluntarily without
Passed the Bar 1999, - Off-spring of a mixed marriage, chinese SC: lets uphold the jurisprudence mental reservation of purpose of evasion.
admission based on father, fil mother Philippine citizenship can never be
condition with - 1935. follows citizen of father treated like a commodity that can be
regards to his - Ching can elect Phil citizenship upon claimed when needed and suppressed Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of
citizensship. reaching age of majority (21) when convenient. One who is privileged a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
- was required to - based on jurisprudence, election of to elect Philippine citizenship has only
show proof of citizenship w/in a reasonable period (3 yrs) an inchoate right to such citizenship. As SEC. 4. Derivative Citizenship. The unmarried child, whether legitimate, illegitimate or adopted,
citizenship upon reaching age of majority such, he should avail of the right with below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of
- was a CPA - Ching only elected when he was 35 [relax fervor, enthusiasm and promptitude. this Act shall be deemed citizens of the Philippines.
COMELEC certification the rules, with regards to reasonable Sadly, in this case, Ching slept on his
as a voter | former period, allow to take oath] opportunity to elect Philippine SEC. 5. Civil and Political Rights and Liabilities. Those who retain or re-acquire Philippine citizenship
councilor (Tubao, La - assumed good faith on the part of Ching citizenship and, as a result, this golden
under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and
Union) privilege slipped away from his grasp.
responsibilities under existing laws of the Philippines and the following conditions:
1. Those intending to exercise their right of suffrage must meet the requirements under Section
So v Republic 513 SCRA 267
1, Article V of the Constitution, Republic Act No. 9189, otherwise known as The Overseas
Absentee Voting Act of 2003 and other existing laws;
2. Those seeking elective public office in the Philippines shall meet the qualifications for holding
R.A. No. 9225 Citizenship Retention and Reacquisition Act of 2003 such public office as required by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to administer an oath;
{REPUBLIC ACT NO. 9225 } 3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO the Republic of the Philippines and its duly constituted authorities prior to their assumption
ACQUIRE FOREIGN CIIZENSHIP PERMANENT, AMENDING FOR of office: Provided, That they renounce their oath of allegiance to the country where they
THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED, took that oath;
AND FOR OTHER PURPOSES. 4. Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and
SECTION 1. Short Title. This act shall be known as the Citizenship Retention and Re-acquisition Act 5. That right to vote or be elected or appointed to any public office in the Philippines cannot be
of 2003. exercised by, or extended to, those who:
a. are candidates for or are occupying any public office in the country of which they
SEC. 2. Declaration of Policy. It is hereby declared the policy of the State that all Philippine citizens are naturalized citizens; and/or
who become citizens of another country shall be deemed not to have lost their Philippine citizenship b. are in active service as commissioned or non-commissioned officers in the armed
under the conditions of this Act. forces of the country which they are naturalized citizens.

SEC. 3. Retention of Philippine Citizenship. Any provision of law to the contrary notwithstanding,
natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine
 TTL Constitutional Law 1 - Loanzon 24

R. A. No. 9189 Overseas Voting Law

Nicolas- Lewis v. COMELEC 497 SCRA 649: there is no need to comply with one-year (3) CONSENT; MANNER BY WHICH CONSENT IS GIVEN
residency requirement under Sec. 1, Article V and congressional prerogative under GTZ v. CA, 585 SCRA 150: claim of immunity by a foreign entity
Sec. 2, Article shall prevail
IRI (Rice institute) WHO, ADB, by the Vienna
Katanga-tanga ng COMELEC for requiring all those abroad to go back here to vote: because they stopped readin Express consent
after section 1
Law on overseas voting: as soon as they comply with oath taking, use that to register with COMELEC or embassy When government has filed a case in court: voluntarily submitted selves to be sued
where they will vote - effected only will of the legislature through enacted statutes [either by general or special law]
Writ of mandamus for COMELEC to Dont have yet right to vote: lack of general law special law
allow them to vote 1 year residency Authorizes person who meets the conditions stated in May come in the form of a private bill authorizing a
the law to sue the government [charters, codes] named individual to bring suit on special claim
- money claims, torts, incorporation of GOCCs, special
C. Sovereign/ State Immunity agent

Mark this!! Important for the bar. Staple question in the bar. STRESS ON THIS FACT Special agent:
^^ is a generally accepted principle in PIL. PREMISE 1) king can do no wrong 2) cannot disrupt government - one who receives a definite and fixed order or commission, foreign to the exercise of the duties of his
functions, as long as they impair duties office if he is a special official [Merrit v Govt Phil Islands]
- Vicarious laibility of special agents: if he performs regular functions while being a special agent: NOT an
(1) BASIS, ART. XVI, SEC. 3 agent [USA v Guinto] Art. 2180 (6) NCC
GENERAL RULE: no property resource, funds assets, cannot be garnished
Money claims arising from contracts
{Sec 2, Art XVI - General Provisions, 1987 Constitution} [Act. No 3083]
The State may not be sued without its consent. Yujuico v. Atienza, 472 SCRA 463: filing of an expropriation case allows the court to
have jurisdiction over a local government unit
Department of Agriculture v. NLRC, 227 SCRA: governmental function distinguished with Republic v. Hidalgo, 534 SCRA 619: fixing lease is a factual matter for determination
proprietary function of the trial court
Dept of Agri agreement with SSA for security guards To determine just compensation: 1) character of property 2) value of property at the time of the taking
2 contracts involved: a. SSA with employees b. Dept of Agri with SSA Torts committed by special agents under the Civil Code, Art. 2189 (Consent to be sued
includes actions for tort)
(2) WHEN A SUIT IS AGAINST THE STATE AND WHEN IT IS NOT

it is (regardless of who is named defendant is) it aint
(1) produces adverse consequences to public (1) to compel officer charged to perform a
{Art. 2189, New Civil Code of Philippines}
treasury [disburment of funds; loss of ministerial duty Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
govt property] (2) when the officer is sued in his private suffered by, any person by reason of the defective condition of roads, streets, bridges,
(2) cant prosper unless State has given capacity public buildings, and other public works under their control or supervision.
consent (3) when the action is not in personam with
the govt as named defendant, but in an Teotico v. City of Manila, 22 SCRA 267 (1968): a local government unit may be held liable for
action in rem that doesnt name the quasi-delict under a special provision of the Civil Code
government in particular
 TTL Constitutional Law 1 - Loanzon 25

Incorporation of government owned or controlled corporations property rights of a private individual; read on the concept of unjust enrichment and the
Specific rules: depends on whether agency is incorporated or uninconporated principle of inequity
Incorporated Erected a school building on the side of the property. Now subject of a dispute
- Has a separate character from government: DepEd, GSIS, SSS DECS Oate Court
- IF charter provides that the agency can sue: will lie [considered an express consent] Recipient of a donation of a parcel Original owner
Unincorporated of land from Mun of Daraga - DECs must return or pay for the
- Doesnt have a separate personality property it is occupied
- Inquiry on the principal functions of government IF: Mun Daraga was recipient of Deed Oate: not guilty of laches because
of Donation from Oate it brought to the attention of DECs
o governmental: jure imperii NO suit if NO consent
the discrepancy in the lot he
o prorietary: jure gestonis YES state descends to the level of a private
obtained by way of extrajudicial
individual, and therefore vulnerable to suit partition
SUMMARY: Oate is guilty of laches for over
Type Function Rule 50 years
governmental
Incorporated CAN be sued IF charter allows it
proprietary
governmental CANT unless consent given (4) SCOPE OF CONSENT
Unincorporated
proprietary CAN be sued - Consent to be sued is not concession of liability.
- When state waives its sovereign immunity: Only giving consent the CHANCE to prove that he
PNR v. Kanlaon Construction, Inc., G.R. No. 182967, Apr. 6, 2011: liability under a contract can is liable
only attach if all requirements of law may been fully satisfied
Chavez v. Sandiganbayan, 193 SCRA 282: a public officer cannot be held liable under a
Spouses Jayme v. Apostol G.R. No. 163609, Nov. 27, 2008: liability cannot attach if the public
counterclaim in a pending case when he is performing a governmental function
official is acting as a special agent of government, performing a governmental function
Suit against Public Officer
Implied consent General rule: cloaked with immunity IF acts performed is discharge of duty w/in scope of authority
[E-P-I-C]
1. Eminent Domain Exception:
2. Proprietary functions [in jure gestionis - business contracts] (1) in private and personal capacity
3. Inequitable for the State to invoke immunity (2) acts w/o authority or in excess of the powers vested in him
4. Complaint suability will result only where the govt is claiming affirmative relief from
defendant Prior Consent Rule:
General rule: State agents cant be sued without prior consent
When the Government enters into business contracts
Exception:
EPG Construction v. DPWH Sec. Vigilar, 354 SCRA 566: government can be held liable for (1) to compel to do act required by law
non-payment of just obligation under a contract (2) restrain from enforcing an act claimed to be unconstitutional
(3) payment of damages from already appropriated assurance fund, payment already available
The divine Law of Kings (4) to secure a judgement that the officer impleaded may satisfy by himself w/o the state
When it would be inequitable for the Government to claim immunity having to do a positive act to assist him
(5) government itself has violated its own laws
Department of Education v. Oate 524 SCRA 200: government agency can be held liable if
continued enjoyment of use of a donated property would impair the enjoyment of
 TTL Constitutional Law 1 - Loanzon 26

Chavez
Acted as counsel of PCCG
- instituted action on behalf of
PCGG
- included JPE as one of the
defendants
- questioned the Order of SB
allowing JPE to implead Chavez
& counterclaim cannot be raised
against the SolGen
D. Doctrine of Separation of Powers
Sandiganbayan
- JPE contended SolGen is
liable to damages
- JPE alleged that the SolGen
acted in bad faith, was ill-
motivated & abused his
discretion in including JPE in
the case
Court
General Rule: Public Officials act in
the discharge of their official
functions & cannot held liable
Exception: Act in bad faith; act
beyond the scope of their
authority would then be
personally liable
General rule: Counsels cannot be
held liable for damages in the
same case where they represent
the interest of their client
- Lawyer is merely a representative
of the client (either
plaintiff/defendant)
Ensua 3. Elec Trib has juridiction over the
election protests
4. SC cant intervene in the
proceeding of the Elec Trib
5. SC can only look whether
theres GADELEJ
Constitution provides
Ongsiako-Reyes v COMELEC (HRET) defect in oath taking
Pimentel v COMELEC (SET) duly proclaimed, and has been perfoming responsibilities as Senator
- COMELEC loses jurisdiction when an election issue when:
1. COMELEC has a proclaimed winner
2. Winner has taken hi/her oath of office
3. Winner has discharged/assumed the responsibilities of the office
Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004
Sought to enjoin the canvass of Congress is mandated to canvass When Senate and HOR adjourn sine
votes of the Pres & Vice President the votes of the Pres and VP die, DID NOT functus officio

The doctrine of separation of powers is a principle of government under which three
separate branches of government are empowered to carry out functions without
interference or encroachment from another branch.
Separation of powers is founded on the belief that, by establishing equilibrium among the three power
holders, harmony will result, power will not be concentrated and thus tyranny will be avoided [Bernas]
Wanted new members of Senate Adjournment sine die does not
and divest Congress of its powers
*Joint Congress to Canvass: Provided for in the Constitution
*Joint Oversight: ONLY UNDER CONGRESS, upon their discretion: not constitutionally mandated
How principle is violated: interference and assumption to another branchs functions

Consti has reserved three distinct powers in the Government

Alba v. Demetria, 148 SCRA 208, 209-210, 214-218 (1987)
Demetria Alba Court
Angara v. Electoral Tribunal, 63 Phil. 139, 158 (1936): under the principle of powers, Filed suit as member of the Interim The existence of the IBP did not 1. Legal standing
Batasan Pambansa (IBP) deprive the Pres to enact laws 2. Supremacy of the consitution
DOCTRINES from ^^
(Martial Law) (remember this)
- The government established by the Constitution follows fundamentally the theory of Filed suit as tax payer 3. 1987 & 1973 power to
separation of powers into the legislative, the executive and the judicial With 1987 constitution, the petition appropriate budget belongs to
- Separation of powers is not expressly provided for in the Constitution. But it obtains from Questioned the issuance of Pres. must be dismissed the legislative branch
actual division [found in Sec. 1 of Articles VI, VII, and VIII]. Each department has exclusive Marcos of PD 1177 to transfer funds 4. PDs are subordinate to
cognizance of matters within its jurisdiction, and is supreme within its own sphere. out of the approved GAA Action was based on 1973 Constitution
Constition
Angara Electoral Tribunal Court Pres encrouched the powers of the
1. Proclaimed winner 1. Electorial Commision has 2. Principle of primary jurisdiction legislative
2. Reso of Natl Assembly jurisdiction over the protest
confirmation that Angara is a 2. Consti granted Elec Com the Consolidated Petitions: Belgica et. al. v. Executive Secretary et. al. G.R. No. 208566,
member of the Natl Assembly power to entertain the issues Alcantara et. al. v. Drilon et. al. G.R. No. 208493, and Nepomuceno et. al. v. Pres. Aquino
3. Wanted the SC to enjoin the Elec related to the election, returns
et. al., G.R. No.209251, Nov. 19, 2013(PDAF is unconstitutional)
Tribunal from taking jurisdiction and qualifications of a member
over the election protest of of the Natl Assembly DOCTRINE from ^^

- Separation of power: fundamental principle in our system of government. Any system
violative of this principle is unconstitutional and void.
- The Pork Barrel System violates separation of powers: a form of post-enactment* authority
in the implementation or enforcement of the budget.
By giving individual legislators the (a) power to determine projects after the General
Appropriations Act (GAA) is passed, and, (b) through congressional committees,
authority in the areas of fund release and realignment, the system encroaches on the
Executives power to implement the law.
Furthermore, identification of a project by a legislator being a mandatory
requirement before his PDAF can be tapped as a source of funds, his act becomes
indispensable in the entire budget execution process.
*Congressional oversight is not per se violative, but is integral, to separation of powers.
However, for a post-enactment congressional measure to be valid, it must be limited to:
(1) Scrutiny - Congress power of appropriation, i.e. budget hearings, and power of
confirmation
(2) Investigation and monitoring of implementation of laws using its power to
conduct inquiries in aid of legislation.
Money allocated in GAA, must be spent there. PDAF: no oversight, violated constitution
Post enactment identification of projects
Not self-executory
Autonomy of local governments: Legislative didnt consult LGUs, protected their own interests
E. The Principle of Checks and Balances
This principle in constitutional law where there is a system-based regulation that allows one
branch to limit actions of another branch in keeping with the doctrine of separation of
powers.
- It does not follow from the fact that the three powers are to be kept separate and distinct
that the Constitution intended them to be absolutely unrestrained and independent of each
other.
- checks and balances to secure coordination in the workings of the various departments of
the government.
Demetria v. Alba supra
Consolidated Petitions: Belgica et. al. v. Executive Secretary, supra
A. Consolidated petitions of Araullo v. Aquino, supra
TTL Constitutional Law 1 - Loanzon 27
F. Delegation of Powers
Two tests of valid delegation: Completeness test and sufficient standard test
How law-making power is delegated: suppletory rule-making (filling in details to ensure
enforcement of the law) and contingent rule-making (ascertaining the facts to bring the law
into operation)
Abakada v. Sec. Purisima, 562 SCRA, 251: Delegation of power in the implementation of
the accretion law for BOC and BIR employees
DOCTRINE from ^^
- A legislative veto, i.e. statutory provision (which may take the form of a congressional
oversight committee) that requires the President or an agency to submit the proposed
implementing rules and regulations of a law to Congress for approval, is unconstitutional. It
encroaches on:
(1) The executive - it allows Congress to take a direct role in the enforcement of its laws;
(2) The judiciary - administrative issuances enjoy a presumption of validity, and only the
courts may decide whether or not they conform to statutes or the Constitution.
Test for validity:
Rule There is a valid delegation of legislative power when:
(1) Completeness test The law sets forth the policy to be executed, carried out, or
implemented by the delegate, such that there is nothing left for the delegate to do but to
enforce the law
(2) Sufficient standard test The standard is sufficient if it defines legislative policy, marks its
limits, maps out its boundaries and specifies the public agency to apply it. It indicates the
circumstances under which the legislative command is to be effected. [Edu v. Ericta, 35 SCRA
481 (1970)]
N.B.: Acts which are purely legislative in character cannot be delegated to an administrative body (in
contrast to the ascertainment of facts or the filing in of details which can be delegated to
administrative agencies).
People v. Maceren, 169 Phil., 447-448 (1977): Delegation of power; definition and scope
of the law and penalties to be imposed
 TTL Constitutional Law 1 - Loanzon 28

H. Fundamental Powers of Government

G. Forms of Government (1) POLICE POWER
general welfare laws:
GOVERNMENT IN GENERAL DEFINED 2 Elements:
institution or aggregate of institutions by which an independent society makes and carries out those 1. Lawful Purpose
rules of action which are necessary to enable men to live in a social state or which are imposed upon 2. Lawful means to achieve purpose
the people forming that society by those who possess the power or authority of prescribing them. [US History of Police Power, Read Dissenting Opinion of Chief Justice Puno in
v. Dorr (1903)] Lim v. Pacquing, 240 SCRA 649: purpose of police power
Pervasive: encroaches on personal liberty
GOVERNMENT OF THE PHILIPPINES DEFINED When exercise of police power may be questioned
See Revised Administrative Code, Sec. 2 MMDA v. Bel-Air Village Assn. 328 SCRA 836: elements of police power lawful purpose
The corporate governmental entity through which the functions of government are exercised and lawful means
throughout the Philippines, including the various arms through which political authority is made
MMDA: Not a political Subdivision
effective in the Philippines, whether pertaining to:
- cannot exercise law-making & police powers
(a) the autonomous regions,
- can only coordinate the basic services of the LGUs w/in Metro Manila
(b) the provincial, city, municipal, or barangay subdivisions, or
(c) other forms of local government. [Sec. 2(1), Bk. I, Administrative Code] Subject to a plebicite under Art X Sec 1 & 11, 1987 Constitution
(2) POWER OF EMINENT DOMAIN
See Article VII and Article X
3 things to remember: [FORCIBLE TAKING = if with opposition, GET court intervention {expropriation proceedings}]
De Jure & De Facto Governments
1. Taking of private property
De jure 2. For a public purpose (hospital, school)
(1) Has rightful title; 3. With just compensation
(2) But has no power or control, either because this has been withdrawn from it, or because it has Moday v. C. A. 268 SCRA 586: elements of eminent domain taking of private property; for
not yet actually entered into the exercise thereof. a public purpose; and payment of just compensation
De facto Compulsary sale: an exercise of eminent domain
- Municipality can exerise power compulsory sale, was allowed to make basketball courts, gyms
Government of fact, that is, it actually exercises power or control without legal title.
(1) DE FACTO PROPER The government that gets possession and control of, or usurps, by (3) POWER OF TAXATION
force or by the voice of the majority, the rightful legal govt and maintains itself against the will of
Mandatory collection for revenues for government operations
the latter. Life blood of the State
(2) INDEPENDENT GOVERNMENT That established as an independent govt by the - must be uniform, territorial, progressive, must not be opressive
inhabitants of a country who rise in insurrection against the parent state. Com. of Internal Revenue v. S. C. Johnson & Son, Inc., 309 SCRA 87:
(3) That which is established and maintained by military forces who invade and occupy a territory of - US-RP tax treaty:
the enemy in the course of war, and which is denominated as a govt of paramount force, like - SC Johnson wanted to invoke provisions of the German-RP tax treaty (west Germany) malaki massave
the Second Republic established by the Japanese belligerent. niya under the German treat
- Different aspects covered under the two treaties
- Cannot compare apples with oranges
 TTL Constitutional Law 1 - Loanzon 29

Part Three: GENERAL PRINCIPLES AND

- SC: cant avail, tax laws are interpreted in favor of the State | tax payer claiming expemtion has the burden
to show a specific provisions of the tax law under w/c it claims exemptions
Purpose of the exercise of the power; burden of proof is on the taxpayer because the
general rule is government can impose taxes.
Philippines has a Tax Treaty with America
STATE POLICIES
A. Principles
(1) Sovereignty of the People and Republicanism (Art. II, Sec. 1 and Art. V)
Art II. Sovereinty
Macquiling v. COMELEC, G.R. No. 195649, July 2, 2013, supra
(2) Adherence to International Law (Preamble, Art. II, Sec. 2, Sections 7-8)
Secretary of Justice v. Judge Lantion, 343 SCRA 377: rights of the citizen under the
Constitution and under treaties.
(3) Supremacy of Civilian Authority (Art. II, Sec. 3, Art. VII, Sec. 18, Art. XVI, Sec. Sec. 5(2)),
5(4), Sec. 6
(4) Government as Protector of the People and People as Defender of the State (Art. II,
Sec. 4 and Sec. 5)
(5) Separation of Church and State (Art. II, Sec. 6, Art. III, Sec. 5, Art. IX, C, 2 (5), and Art. VI,
Sec. 5 (2))
Exceptions:
Art. VI, Sec. 28(3) and Sec. 29(2); Art. XIV, Sec. 3(3) and Sec. 4(2)

B. Policies
(1) Independent foreign policy and a nuclear-free Philippines (Art. II, Sections 7-8 and Art.
XVIII, Sections 4 and 25)
(2) A just and dynamic social order (Preamble, Art. II, Sec. 9)
(3) The promotion of social justice (Art. II, Sec. 10, Art. XIII, Sections 1-2, Art. II, Sec. 26
and Art. VII, Sec. 13, par. 2)
(4) Respect for human dignity and human rights (Art. II, Sec. 11, Art. III, Sections 17-19, and
Art. XVI, Sec. 5(2))
(5) Fundamental equality of women and men (Art. II, Sec. 14; Art. XIII, Sec. 14)
(6) Promotion of health (Art. II, Sections 15-16 and Art. XIII, Sections 11-13)
(7) The priority of education, science, technology, arts, culture and sports (Art. II, Sec. 17;
and Art. XIV, Sec. 2)
 TTL Constitutional Law 1 - Loanzon 30

(8) Urban land reform and housing, (Art. XIII, Sections 9-10) (c) Urban land reform and housing, Art. XIII, Sections 9-10
(9) Reform in agriculture and other natural resources (Art. II, Sec.21; Art. XIII, Sections 4- City of Mandaluyong v. Aguilar, 350 SCRA487: choice of site for public housing
8) Exproriation case to house informal settlers to house Mandaluyong, strong opposition of property, upheld right of
(10) Protection of Labor (Art. II, Sec. 18 and Art. XIII, Sec. 3) property owner: 2 aspects: substantive aspect [3 elements of taking] and procedural aspect [LocGov: must enact
an ordinance regarding ]
The right of workers in the public and private sectors to form unions, associations
- only pass a resolution: not an ordinance, no force and effect of a law
and societies not contrary to law (Art. III, Sec. 8; Art. IX, B, Sec. 2(5) Eminent domain:
- taking of private property
(11) Independent peoples organizations (Art. II, Sec. 23; Art. XIII, Sections 15-16)
- taking for a public purpose
(12) The Family as a Basic Autonomous Social Institution (Art. II, Sec. 12, Art. XV (The - payment of just compensation
Family); Art. II, Sec. 13) - [hildago case]
See Civil Code, Art. 52: Marriage is not a mere contract but an inviolable social (d) Health, Art. XIII, Sections 11-13
institution. What is the role of women in the field of environment: maternal function propagation of human race
(e) Women, Art. XIII, Sec. 14
(13) A self-reliant and independent economic order (Art. II, Sec. 19, Sec. 20);
(3) PEOPLES ORGANIZATIONS, ART. XIII, SEC. 15
Art. XII (National Economy and Patrimony)
Manila Prince Hotel v. GSIS, 267 SCRA 408: preferential treatment (4) EDUCATION

(14) Communication and information in nation-building (Art. II, Sec. 24, Art. XVI, Sections
10-11, Art. XVIII, Sec. 23)
(15) Autonomy of local government (Art. II, Sec. 25, Art. X (Local Government))
(16) Recognition of the rights of indigenous cultural communities (Art. II, Sec. 22, Art. VI,
Sec. 5(2), Art. XII, Sec. 5, Art. XIII, Sec. 6, Art. XIV, Sec. 12)
Consolidated Petitions: Province of Cotabato v. G.R.P., supra
(17) Honest Public Service and Full Public Disclosure (Art. II, Sec. 27, Art. XI, Sections 4, 5-15),
Art. II, Sec. 28, Art. XI, sec. 17, Art. VII, Sec. 12, Art. VII, Sec. 20, Art. XII, Sec. 21, Art. XII, Sec.
2, par. 5, Art. VI, Sections 12 and 20, Art. IX, D, Sec. 4, and Art. III, Sec. 7)
C. Social Justice, Human Rights and other Guaranteed Rights
(1) SOCIAL JUSTICE DEFINED, ART. XIII, SEC. 1, SEC. 2
Calalang v. Williams, 70 Phil. 726 (1940) Note: How Social Justice is defined by the Supreme
Court.
(2) ASPECTS OF SOCIAL JUSTICE
(a) Labor, Art. XIII, Sec. 3
(b) Agrarian and natural resources reform, Art. XIII, Sections 4-8
Tano et. al. v. Socrates et. al., G. R. No. 110249: protection of marine resources
(a) Right to quality education, Art. XIV, Sec. 1
Miriam College v. CA 348 SCRA 215: use of indecent/ vulgar language
SC upheld right of Miriam College to impose sanctions on violators
(b) Educational mandate of the state, Art. XIV, Sec. 2, Sec. 5
University of San Agustin v. CA 270 SCRA 761: academic standards
Did not allow a number of graduating students to be included in the graduating class, because they did not meet
the requirement grades. [made aware by conditions in handbook]
(c) The educational system, Art. XIV, Sec. 3, Sec. 4
Ateneo v. Capulong 222 SCRA 643: violence in school activities
Involves the tragic death of neophytes in ALS, Aquila. SC upheld actions of Fr. Bernas to suspend students until
further proceedings
(5) LANGUAGE, ART. XIV, SECTIONS 6-9
can be changed by act of congress PROVIDED they be ratified by the people
* National Language: Filipino
* Official Language: Filipino and English
* Auxiliary official languages: regional languages
* Voluntary and optional languages: Spanish and Arabic
 TTL Constitutional Law 1 - Loanzon 31

(6) SCIENCE AND TECHNOLOGY, ART. XIV, SECTIONS 10-13

(7) ARTS AND CULTURE, ART. XIV, SECTIONS 14-18
Part Four: LEGISLATIVE DEPARTMENT
(8) SPORTS, ART. XIV, SEC. 19
A. Who may exercise law-making powers?
(9) THE FAMILY, ART. XV
(1) CONGRESS
Imbong et. al. v. Ochoa et. al. (Consolidated Petitions) G.R.No. 204819, April 8,
2013(Constitutionality of RH Law) (2) LOCAL LEGISLATIVE BODIES UNDER THE PRINCIPLE OF DELEGATION OF POWERS
(3) ELECTORATE (PEOPLES INITIATIVE ON STATUTES, INITIATIVE AND REFERENDUM)
(4) EMERGENCY POWERS EXERCISED BY THE PRESIDENT UNDER MARTIAL LAW RULE OR IN A
REVOLUTIONARY GOVERNMENT
B. Composition of Congress, Qualifications of Members, and
Term of Office
(1) SENATE (ART. VI, SECTIONS 2-4)
Social Justice Society v. Dangerous Drugs Board, 570 SCRA 411, 416-419, 422-425 (2008)
(2) HOUSE OF REPRESENTATIVES (ART. VI, SECTIONS 5-8)
Sema v. COMELEC, 558 SCRA 700-726, 731-744 (2008): membership
District representatives and apportionment in provinces and cities
Aquino and Robredo v. COMELEC, 617 SCRA 623, 630-652 (2010)
Aldaba v. COMELEC, 611 SCRA 137 (2010)
Party list system: allocation of seats and sectoral representation
BANAT v, COMELEC, 210, 228-246; 254-260 (exclusion)
Ang Ladlad v. COMELEC, G.R.No. 190582, April 8, 2010
Paglaum v. COMELEC, 694 SCRA 477 (2013)
(3) ELECTION OF MEMBERS
Regular election (Art. VI, Sec. 8)
Special election (Art. VI, Sec.9)
 TTL Constitutional Law 1 - Loanzon 32

(4) SALARIES, PRIVILEGES AND DISQUALIFICATIONS/INHIBITIONS Yeas and nays on any question at the request of 1/5 of members present (Art. VI,
Sec.16 (4))
Salaries (Art. VI, Sec. 10 and Art. XVIII, Sec. 17)
(4) Journal Entry Rule vs. Enrolled Bill Theory
PHICONSA v. Mathay: 18 SCRA 300-312 (1968)
Morales v. Subido, 27 SCRA 131 (1969)
Ligot v, Mathay, 56 SCRA 823 (1974)
Astorga v. Villegas, 56 SCRA 714 (1974)
Freedom from Arrest (Art. VI, Sec. 11, Rev. Penal Code, Art. 145)
(5) Congressional Record (Art. VI, sec. 16(4), par. 2)
Speech and Debate Clause (Art. VI, Sec. 11) (e) Sessions
Pobre v. Miriam Defensor-Santiago, A.C., 7399, August 25, 2009 (1) Regular sessions (Art. VI, Sec. 15 and Sec. 16(5))
Disqualifications/Inhibitions (2) Special sessions (Art. VI, Sec. 15 upon call of the President, Art. VII, Sections 10-11 to
fill vacancies in the Presidency and Vice Presidency Art. VII, Sec. 18, par. 2,
Incompatible and Forbidden Offices (Art. VI, Sec. 13 and Sec. 14) Commander-in-Chief powers)
Puyat v. de Guzman, 113 SCRA 32 (1982) (6) LEGISLATIVE PROCESS
Other Prohibitions (Art. VI, Sec. 3) (a) Requirements as to bills
Duty to Disclose (Art. XI, Sec. 17, Art. VI, Sec. 12, Sec. 20) (1) As to titles of bills (Art. VI, Sec. 26(1))
(2) Requirements as to certain laws
(5) ORGANIZATION AND SESSIONS
* Appropriations laws, Art. VI, Sec. 25 & 29 and Art. VII, Sec. 22: Cross border
(a) Election of officers (Art. VI, Sec. 16 (1)) transfer of funds; impoundment of budget
(b) Quorum (Art. VI, Sec. 16(2)) Demetria v. Alba, supra
Avelino v. Cuenco, 83 Phil. 17 (1949)
Araullo v. Aquino, supra
(c) Rules of proceedings (Art. VI, Sec. 16(3) and Sec. 21)
* Tax laws (Art. VI, Sec. 28, Art. XIV, Sec. 4(3)): Taxpayers burden
(d) Journal and Record (Art. VI, Sec.16(4) )
YMCA v. Collector of Internal Revenue, 33 Phil. 217 (1916)
(1) The Enrolled Bill Theory
Mabanag v. Lopez Veto, 78 Phil., 1-3, 12- 19, 29-31(1947) Apostolic Prefect v. City Treasurer. 71 Phil., 1941

Arroyo v. De Venecia, 343 Phil., 54-60, 71-74 (1997) Quezon City v. ABS-CBN, 166408, October 6, 2008

(2) Probative Value of the Journal * Grant of Franchise

U.S. v. Pons, 34 Phil., 729-735 (1916) Del Mar v. PAGCOR, 346 SCRA 484(2000): congressional franchise

(3) Matters to be Entered in the Journal
Yeas and nays on third and final reading of a bill (Art. VI, Sec. 26[2])
Veto message of the President (Art. VI, Sec. 27[1])
Yeas and nays on the repassing of a bill vetoed by the President (Art. VI, Sec. 27[1])
(b) Procedure for the passage of bills (Art. VI, Sec. 26 (b))
(c) Effectivity of laws (Civil Code, Art. 2)
Tanada v. Tuvera, 136 SCRA 27(1985); resolution of motion for reconsideration, G. R.
No. 63915, Dec. 29, 1986.
 TTL Constitutional Law 1 - Loanzon 33

(7) POWERS OF CONGRESS Who are subject to impeachment (Art. XI, Sec. 2)
* General plenary powers (Art. VI, Sec. 1) Grounds for impeachment (Art. XI, Sec. 2)
Limitations on exercise of legislative powers Procedure for impeachment (Art. XI, Sec. 3 (1)-(6))
(1) Substantive limitations Consequence of impeachment (Art. XI, Sec. 3(7))
* Express substantive limitations (Art. III under the Bill of Rights, Art. VI, Francisco v. House of Representatives, 415SCRA 44
Sections 25 and 28, Art. XIV, Sec. 4(3), Art. VI, Sections 29, 30 and 31))
Gutierrez v. House of Representatives, G. R. No. Feb. 15, 2011
* Implied substantive limitations
Prohibition against delegation of legislative powers * Powers under Special Constitutional Bodies
Electoral Tribunals (Art. VI, Sections 17 and 19)
Prohibition against passage of irrepealable laws
Duenas v. HRET, 593 SCRA 3166
Exemptions to Non-delegation Doctrine
Pimentel v. COMELEC, G.R. No. 178413, March 13, 2008
Delegation to the President: Art VI, Sec. 23(2) and Sec. 28(2)
Commission on Appointments (Art. VI, Sections 18-19; Art. VII, Sec.16)
Delegation to the people (Art. VI, Sec. 32)
Sarmiento v. Mison, 156 SCRA 549 (1987)
(2) Procedural limitations (Art. VI, Sec. 32)
Tatad v. Commission on Appointments, G.R. No. 183171, August 11, 2008
* Legislative VETO or approval of extension of suspension of privilege of
habeas corpus or declaration of martial law (Art. VII, Sec. 18) (8) DISCIPLINE OF MEMBERS (ART. VI, SEC. 16(3))
* Approval of Presidential Amnesties (Art. VII, Sec. 19)
* Concur in Treaties (Art. VII, Sec. 21)
* Declaration of war and delegation of emergency powers (Art. VI, Sec. 23)
* Power with regard to utilization of natural resources (Art. XII, Sec. 2)
* Amendment of the Constitution (Art. XVII, Section 12)
* Non-legislative powers
(a) Question Hour: (Art. VI, Sec. 22)
Senate of the Philippines v. Ermita, 488 SCRA 1
(b) Legislative investigation (Art. VI, Sec.21); Oversight Function
Neri v. Senate Committees
Macalintal v. COMELEC, 405 SCRA 705-733
(c) Act as board of canvassers for presidential election (Art. VII, Sec. 4, par.4)
Lopez v. Senate of the Philippines, G.R.No. 163556, June 8, 2004 (Senate and
HOR as Board of Canvassers)
(d) Power of Impeachment
 TTL Constitutional Law 1 - Loanzon 34

Part Five: EXECUTIVE BRANCH

* Chairman and members of Constitutional Commissions (Art. IX, B, Sec. 1(2), C,
Sec. 1(2), and D, Sec. 1(2))
* Members of the Judicial and Bar Council (Art. VIII, Sec.8(2))
Upon recommendation of the Judicial and Bar Council
A. The President
* Members of the Supreme Court and all lower courts, (Art. VIII, Sec. 9)
(1) QUALIFICATIONS, ELECTION, TERM AND OATH, (ART. VII, SECTIONS 2, 4 AND 5) * Tanodbayan and Deputies (Art. XI, Sec. 9)
(2) PRIVILEGES AND SALARY (ART. VII, SEC. 6) Limitations on appointing power of the President (Art. VII, Sections 13 and 15)

(3) PROHIBITIONS (ART. VII, SEC. 13) Interim or recess appointments, (Art.VI, Sec. 19 and Art. VII, Sec. 16, par. 2)

Compare prohibition against other officials (Art. VI, Sec. 13, Art. IX, A, Sec. 2 and Art. IX, Limitation on appointing power of Acting President (Art. VII, Sections 14-15)
B, Sec. 7) De Castro v. JBC, G.R. No. 191002, March 17, 2010
Exceptions to rule prohibiting executive officials from holding another office; (e) Executive clemencies, (Art. VII, Sec. 19, Art. IX, C, Sec. 5)
Vice President as member of the cabinet (Art. VIII, Sec. 3, par.2) * Pardon distinguished from probation
People v. Vera, 65 Phil. 56 (1937)
Secretary of Justice as member of Judicial and Bar Council (Art.VIII, Sec. 8(1))
* Pardon distinguished from parole
(4) POWERS AND FUNCTIONS OF THE PRESIDENT
Tesoro v. Director of Prisons, 68 Phil. 154 (1939)
(a) Executive power, (Art. VII, Sections 1 and 17)
* Pardon distinguished from amnesty
(b) Control of executive department (Art. VII, Sec. 17)
Tolentino v. Catoy, 82 Phil. 300 (1948)
Ople v. Torres, 293 SCRA 141(1998)
Barrioquinto v. Fernandez, 82 Phil. 642 (1949)
Rufino v. Endriga, 496 SCRA 13, 37-42, 62-67 (2006)
* Effect of Pardon
Concept of Qualified Political Agency
Risos-Vidal v. COMELEC, G.R. No. 206666, January 21, 2015
Fortich v. Corona, 298 SCRA 678(1998)
Cristobal v. Labrador, 71 Phil. 34 (1940)
(c) General supervision of local government and autonomous regions (Art. X, Sec. 4
and Sec. 16) Pelobello v. Palatino, 72 Phil. 441 (1941)
Joson v. Executive Secretary, 290 SCRA 279(1998) * Revocation of Pardon
(d) Power of appointment In Re: Wilfredo S. Torres, 2 SCRA 109
With consent of Commission on Appointments (f) Powers as Commander-in-Chief (Art. VII, Sec.18, Art. III, Sec. 15, Art. VIII, Sec. 1,
par.2)
* Heads of departments (Art. VII, Sec. 16)
Sanlakas v. Executive Secretary, 421 SCRA 656, 660-663, 675-677 (2004)
* Ambassadors, public ministers, and consuls (Art. VII, Sec. 16)
* Officers of the armed forces from the rank of colonel and naval captain (Art. (g) Emergency powers (Art. VI, Sec. 23(2))
VII, Sec. 16) Fortun v. Macapagal-Arroyo, 668 SCRA 540 (2012)
 TTL Constitutional Law 1 - Loanzon 35

David v. Arroyo, 489 SCRA 160, 1980202, 240-244 (2006) B. The Vice President
(h) Contracting and guaranteeing foreign loans (Art. VII, Sec. 20, Art. XII, Sec. 21, R. A.
(1) QUALIFICATIONS, ELECTION, TERM AND OATH (ART. VII, SECTIONS 3, 4, AND 5)
No. 4860)
(i) Power over foreign affairs (2) PRIVILEGES AND SALARY (ART. VII, SEC. 6)
* Treaty making power (Art. VII, Sec. 21) (3) PROHIBITIONS (ART. VII, SEC 13, SEC. 3, PAR. 2)
Treaty distinguished from executive agreements
Arthur Lim et al v. Executive Secretary GR No. 131445, April 11, 2002
C. Succession (Art. VII, Sec.9)
Bayan v. Zamora, GR No. 138570, Oct. 10, 2000 (1) IN CASE OF VACANCY AT THE BEGINNING OF TERM (ART. VII, SEC. 7 AND SEC. 10)
* Deportation of undesirable aliens (2) IN CASE OF VACANCY DURING TERM (ART. VII, SEC. 8 AND SEC. 10)
Harvey et al v. Defensor-Santiago, 162 SCRA 1988 (3) IN CASE OF TEMPORARY DISABILITY (ART. VII, SECTIONS 11-12)
(j) Power over legislation
D. Removal (Art. XI, Sections 2-3)
* Address Congress (Art. VII, Sec.23)
* Preparation and submission of the budget (Art. VII) Read provisions on the process of impeachment
Philconsa v. Enriquez 235 SCRA 506
* Veto power (Art. VII, Sec. 27)
Bengzon v. Drilon, 208 SCRA 133
* Emergency power (Art. VI, Sec. 23(2))
* Fixing of tariff rates (Art. VI, Sec.28(2))
(5) PRESIDENTS IMMUNITY FROM SUIT
Rationale for the rule
Carillo v. Marcos, Resolution, G. R. No. 56461, April 6, 1981
Estrada v. Desierto, 353 SCRA 452(2001)
(6) RESIDUAL POWERS OF THE PRESIDENT
Manglapus v. Marcos, 177 SCRA 668, 681-695 (1989)
 TTL Constitutional Law 1 - Loanzon 36

Part Six: THE JUDICIARY C. Conditions for the Exercise of Judicial Review
Marcos v. Manglapus, G. R. No. 88211, 15 September 1989: The Supreme Court held that:
The Constitution limits resort to the political question doctrine and broadens the scope
A. The Supreme Court of judicial inquiryBut nonetheless there remain issues beyond the Courts jurisdiction
(1) COMPOSITION (ART. VIII, SEC. 4) the determination of which is exclusively for the PresidentWe cannot, for example,
question the Presidents recognition of a foreign government, no matter how premature
(2) APPOINTMENT AND QUALIFICATIONS (ART. VIII, SEC. 7, SEC.8 (5), SEC.9) or improvident such action may appear.
Biraogo v. Nograles et. al., 580 SCRA 106 The Diocese of Bacolod v. COMELEC, G.R. NO. 205728, January 21, 2015. Read only portions
(3) SALARY, (ART. VIII, SEC. 10, ART. XVIII, SEC. 17) on the discussion of the political question doctrine and power of judicial review.

(4) TENURE (ART VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2) D. Functions of Judicial Review: Checking, Legitimizing and
(5) REMOVAL (ART. XI, SEC. 2) Symbolic
(6) JURISDICTION (ART. VIII, SEC. 1, SEC. 2, PAR. 2, SEC. 5, ART VI, SEC. 30, ART.VII, SEC. 18) Sanlakas v. Executive Secretary, supra

Lozano v. Nograles 589 SCRA 356 Estrada v. Desierto, supra

(7) REPORT ON THE JUDICIARY (ART. VIII, SEC. 16) Distinguish between the overbreadth and vague for vagueness doctrines

(8) MANNER OF SITTING AND VOTES REQUIRED (ART. VIII, SEC. 4) Demetria v. Alba, G. R. No. 71977, February 27, 1987
General Rule: All courts can exercise judicial review
Rule: Divisions of the Supreme Court do not diminish its authority
Ynot v. IAC, G. R. No. 74457, March 20, 1987
(9) REQUIREMENTS AS TO DECISION (ART. VIII, SECTIONS 13-14)
Operative Fact Doctrine/ Effect of Declaration of Unconstitutionality
(10) PERIODS FOR DECIDING CASES (ART. VIII, SEC. 15, ART. VII, SEC. 18, PAR. 3, ART. XVIII,
SECTIONS 12-14) Under Civil Code, Art. 7, Statute is void when declared unconstitutional
Serrano de Agbayani v. Philippine National Bank, 38 SCRA 429 (1971)
Statute is not always void but may produce legal effects
B. Theory and Justification of Judicial Review
Consolidated Petitions (Belgica and others) supra
Mattel v. Francisco, 560 SCRA, 510, 514 (2008)
E. The Supreme Court as Presidential Electoral Tribunal, (Art.
De los Santos v. COA, G.R. No.198457, August 13, 2013
VII, Sec. 4, par. 4)
Legarda v. De Castro 542 SCRA, 125

G. Administrative powers
(1) SUPERVISION OF LOWER COURTS (ART. VIII, SEC.6)
(2) DISCIPLINE OF JUDGES (ART. VIII, SEC. 11)
(3) APPOINTMENT OF OFFICIALS AND EMPLOYEES OF ENTIRE JUDICIARY (ART. VIII, SEC.
5(6))
H. Lower courts
(1) QUALIFICATIONS AND APPOINTMENT (ART. VIII, SEC. 7(1), (2), SEC. 8(5), SEC.9)
(2) SALARY (ART. VIII, SEC. 10)
(3) TENURE (ART. VIII, SEC. 11, SEC. 1, SEC. 2, PAR. 2)
(4) REMOVAL (ART. VIII, SEC. 11)
(5) JURISDICTION (ART. VIII, SEC. 1)
(6) REQUIREMENTS AS TO PREPARATION OF DECISIONS (ART. VIII, SEC.14)
(7) PERIOD FOR DECIDING (ART. VIII, SEC. 15 AND ART. XVIII, SECTIONS 12-14)
(8) NO NON-JUDICIAL WORK FOR JUDGES (ART. VIII, SEC. 12)
I. The Judicial and Bar Council (Art. VIII, Sec. 8)
De Castro v. JBC, G. R. No. 191002, March 17, 2010, supra
Chavez v. JBC et. al., G.R.No. 202242, July 17, 2012
Part Seven: THE CONSTITUTIONAL
COMMISSIONS
TTL Constitutional Law 1 - Loanzon 37
A. Civil Service Commission
(1) COMPOSITION AND QUALIFICATION OF COMMISSIONS (ART. IX, B, SEC. 1(1), ART. VII,
SEC. 13, PAR. 2)
(2) APPOINTMENT AND TERM OF OFFICE OF COMMISSION (ART. IX, B, SEC. 1(2))
(3) APPOINTMENT OF PERSONNEL OF CSC (ART. IX, A, SEC. 4)
(4) SALARY (ART. IX, A, SEC. 3 AND ART. XVIII, SEC. 17)
(5) DISQUALIFICATION (ART. IX, A, SEC. 2)
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2)
(7) FUNCTIONS OF THE CSC (ART. IX, B, SEC.3, ART. IX, A, SECTIONS 7 AND 8)
(8) SCOPE OF THE CIVIL SERVICE (ART. IX, B, SEC. 2(1))
(9) TERMS AND CONDITIONS OF EMPLOYMENT IN THE CIVIL SERVICE
(a) Oath of allegiance to the Constitution (Art. IX, B, Sec. 4 and Art. XI, Sec. 18)
(b) Merit system
* Appointment of lame ducks (Art. IX, B, Sec. 6)
* Appointment or designed of elective and appointive officials (Art. IX, B, Sec. 7.
Art. VII, Sec. 13 and Art. VI, Sec. 13)
(c) Standardization of pay and ban on double compensation (Art. IX, B, Sec. 5, Sec. 8)
(d) Ban on partisan political activities (Art. IX, B, Sec.2(4))
(e) Removal or suspension only for cause (Art. IX, B, Sec. (3))
(f) Summary removal
(g) Right of self-organization (Art, III, Sec. 8, Art. IX, Sec.2(5)
REVIEW OF DECISION OF THE CSC (ART. IX, A, SEC. 7)
FISCAL INDEPENDENCE (ART. IX, A, SEC. 5)
CSC v. DBM, 464 SCRA 115
CSC v. Javier, 546 SCRA 48
 TTL Constitutional Law 1 - Loanzon 38

B. Commission on Elections Decide election contests and cases (Art. IX, C, Sec. 2(2) Sec. 3)
Rule-making (Art. IX, A, Sec. 6)
(1) COMPOSITION AND QUALIFICATION OF COMMISSIONERS (ART. IX, C, SEC.1 (1), ART. VII,
SEC. 13, PAR. 2) Other functions (Art. IX, A, Sec. 8)

Cayetano v. Monsod, G.R. No. 100113, September 3, 1991 Act as National Board of Canvassers for Senators

(2) APPOINTMENT AND TERM OF OFFICE OF COMMISSIONERS (ART. IX, C, SEC. 1(2)) Pimentel v. COMELEC, supra

(3) APPOINTMENT OF PERSONNEL (ART. IX, A, SEC. 4) Review of COMELEC decisions, orders, and resolutions (Art. IX, A, Sec.7)
Fiscal Autonomy (Art. IX, A, Sec. 5)
(4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 17)
(5) DISQUALIFICATIONS (ART. IX, A, SEC. 2)
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2) C. Commission on Audit
(7) POWERS AND FUNCTIONS OF THE COMELEC (ART. IX, C, SEC.2) (1) COMPOSITION AND QUALIFICATION (ART. IX, D, SEC. 1(1), ART. VII, SEC. 13, PAR. 2)
Enforce election laws (Art. IX, C, Sec.2 (1), Sec. 10) (2) APPOINTMENT AND TERM OF COMMISSIONERS (ART. IX, D, SEC. 1(2))
Decide administrative question pertaining to elections, except the right to vote (Art. IX, (3) APPOINTMENT OF COA PERSONNEL (ART. IX, A, SEC. 4)
sec. 2(3))
(4) SALARY (ART. IX, A, SEC. 3, ART. XVIII, SEC. 1)
File Petition for inclusion or exclusion of voters (Art. IX, C, Sec. 2(6))
(5) DISQUALIFICATIONS (ART. IX, A, SEC. 2)
Prosecute election law violators (Art. IX, C. Sec. 2(6))
(6) REMOVAL BY IMPEACHMENT (ART. XI, SEC. 2, ART. IX, A, SEC. 6)
Recommend pardon, parole or suspension of sentence of election, except the right to
vote (Art. IX, C, Sec. 5) (7) POWER AND FUNCTIONS (ART. IX, D, SEC. 2, SEC. 3, ART. VI, SEC. 20)
Deputize law enforcement agents and recommend their removal (Art. IX, C, Sec. 2(4), (8) RULEMAKING (ART. IX, A, SEC. 6)
Sec. 2(8))
(9) OTHER FUNCTIONS (ART. IX A, SEC. 8)
REGISTRATION of political parties, organizations, and coalitions and ACCREDITATION of
(10) REVIEW OF DECISIONS OF THE COA (ART. IX, A, SEC. 7)
citizens arms (Art. XI, C, Sec. 2(5))
Registration under the party-list system (Art. IX, C, Sections 6, 7 and 8 and Art.VI, (11) FISCAL AUTONOMY, ART. IX, A, SEC. 5
Sec. 5(2), Art. XVIII, Sec. 7) DBP v. COA, 373 SCRA 356
BANAT V. COMELEC, supra
Ang Ladlad v. COMELEC, supra
Regulation of public utilities and media of information (Art. IX, C, Sec. 4, Sec 9)
ABS-CBN v. COMELEC, G.R. No. 133486, January 28, 2000
 TTL Constitutional Law 1 - Loanzon 39

Part Eight: OTHER SPECIALBODIES D. Central Monetary Authority

(1) COMPOSITION AND QUALIFICATION OF MEMBERS (ART. XII, SEC. 20)

A. Sandiganbayan (Art. XI, Sec. 4) (2) FUNCTIONS (ART. XII, SECTIONS 20-21)

People v. Sandiganbayan 451 SCRA 413

Serena v. Sandiganbayan 542 SCRA 224 E. Economic and Planning Agency (Art. XII, Sections 9-10)
B. Ombudsman (1) GOAL (ART. XII, SEC.1)
Agan v. PIATCO, 402 SCRA 612(2003)
(1) COMPOSITION (ART. XI, SEC. 5)
(2) NATURAL RESOURCES
(2) QUALIFICATION (ART. XI, SEC. 8)
Oposa v. Factoran, 224 SCRA 792
(3) APPOINTMENT AND TERM (ART. XI, SECTIONS 8 AND 11)
(a) Citizenship requirement, Art. XII, Sec. 2, Art. XII, Sec. 7
(4) RANK AND SALARY (ART. XI, SEC. 10) (b) Classification, size and conditions for grant of public lands (Art. XII, Sec. 3)
(5) DISQUALIFICATIONS (ART. XI, SEC. 8, ART. IX, A, SEC. 2) Chavez v. PEA, 384 SCRA 152
(6) JURISDICTION (ART. XI, SEC. 12) (c) Conservation of forest lands and national parks (Art. XII, Sec. 4)
(d) Protection of ancestral lands of indigenous cultural communities (Art. XII, Sec. 5)
Office of the Ombudsman v. CSC 451 SCRA 570
La Bugal-Blaan Tubal Assn v. Ramos, 445 SCRA 1
(7) POWERS AND FUNCTIONS (ART. XI, SEC. 13)
(3) PRIVATE LANDS
(8) FISCAL AUTONOMY (ART. XI, SEC. 14)
(a) Citizenship requirements (Art. XII, Sec. 7)
(9) APPOINTMENT OF PERSONNEL (ART. XI, SEC. 6) (b) Exception (Art. XII, Sec. 8)
(c) Agrarian reform (Art. XIII, Sections 4-8)
(d) Urban land reform and housing (Art. XIII, Sections 9-10)
C. Office of the Special Prosecutor (Art. XI, Sec. 7)
(4) REGULATION OF ECONOMIC ACTIVITIES
Gonzales v. Office of the President et. al. and Sulit v. Ochoa et. al., G.R. Nos. 196231-32,
(a) Rationale (Art. XII, Sec. 6, Sec. 12, Sec. 13)
January 28, 2014
Republic v. MERALCO, 391 SCRA 700(2002)
(b) The NEDA and development program (Art. XII, Sections 9-10)
(c) Organization and regulation of private corporation (Art. XII, Sec. 16)
(d) Operation of public utilities (Art. XII, Sec. 11, Sec. 17)
(e) Practice of professions (Art. XII, Sec. 14)

(f) State operation of private enterprises (Art. XII, Sections 17 and 18)
(g) Monopolies, combination, and unfair competition (Art. XII, Sec. 19)
(h) Money, banking and credit (Art. XII, Sections 20-21)
(i) Cooperatives (Art. XII, Sec. 15)
TTL Constitutional Law 1 - Loanzon 40
Part Nine: NATIONAL COMMISSIONS
a. Commission on Human Rights
(1) COMPOSITION AND QUALIFICATION OF MEMBER (ART. XIII, SEC. 17)
(2) POWERS AND FUNCTIONS (ART. XIII, SECTIONS 18-19)
(3) FISCAL AUTONOMY (ART. XIII, SEC. 17(4))
b. National Language Commission (Art. XIV, Sec. 9)
c. National Police Commission, (Art. XVI, Sec. 6)
d. National Commission on Indigenous Cultural Communities
(Art. XVI, Sec.12)
 TTL Constitutional Law 1 - Loanzon 41

(2) SHARE IN NATIONAL TAXES (ART. XI, SEC. 6)

Part Ten: LOCAL GOVERNMENTS (3) SHARE IN THE PROCEEDS OF NATIONAL WEALTH (ART. X, SEC. 7)
(4) COORDINATION OF EFFORTS, SERVICES AND RESOURCES FOR COMMON BENEFIT (ART.
A. Local Government Units (Art. X, Sec.1) X, SEC. 13)
B. Autonomy of local government (Art. II, Sec. 25, Art. X, Sec. 2) F. Creation of autonomous regions
(1) CREATION (ART. X, SECTIONS 15, 18, AND. 19)
Batangas CATV v. CA 439 SCRA 326 (2) POWERS OF AUTONOMOUS REGIONS (ART. X, SECTIONS 17, 20 AND 21)
C. General supervision of local government by the President (3) GENERAL SUPERVISION AND DISCIPLINE OF LOCAL OFFICIALS, ART. X, SEC. 16
(Art. X, Sec. 4, Sec. 16) Miranda v. Sandiganbayan 464 SCRA 165

D. Local Government Code (Art. X, Sec. 3)

References:
(1) TERM OF OFFICE OF LOCAL OFFICIALS (ART. X, SEC. 8)
Sandoval v. COMELEC G.R. No. 154683, November 17, 2002
Bernas, Joaquin G., The 1987 Philippine Constitution: A Comprehensive Reviewer (2011)
(2) LOCAL LEGISLATIVE BODIES, ART. X, SEC. 9
V. V. Mendoza, Bar Review Guide in Political Law (1987)
Catu v. Rellosa 546 SCRA 209
Enrique M. Fernando, The Constitution of the Philippines (1977)
(3) CREATION, ABOLITION, DIVISION OR MERGER OF LOCAL GOVERNMENT UNITS (ART. X,
Isagani M. Cruz, Political Law
SEC. 10)
Rene B. Gorospe, Constitutional Law, Volumes I and II (2006)
League of Cities of the Philippine v. COMELEC, G. R. No. 176951, April 12, 2011
Miriam Defensor- Santiago, Constitutional Law (2005)
(4) METROPOLITAN POLITICAL SUBDIVISIONS (ART. X, SEC. 11)
J. Midas Marquez, The Constitutional Philosophy of Philippine Jurisprudence (2005)
(5) RIGHT TO VOTE (ART. X, SEC. 14) Antonio B. Nachura, Outline in Political Law Review (2006)
Ceniza v. COMELEC, 95 SCRA 763 (1980)

E. Powers of local governments

(1) REVENUE AND TAXING POWER (ART. X, SEC. 4)
MIAA v. CA 495 SCRA 591