 May our Constitution be changed?
(1) By
- YES, our Constitution can be amended or revised. This is
referred to as formal amendment. A change can also be
effected when our courts of justice interpret ambiguously
worded provisions of the Constitution to make it conform with
realities. THIS BEING not a formal process of
amendment, the SC is merely modifying its interpretation of
the ambiguously worded provision involved and it does so in
accordance with the principle that it has the last word in the
construction of any law and even of the Constitution itself.
 Distinction – Amendment/Revision. Explain Lambino vs.
Comelec, G.R. Nos. 174153 & 174299, October 25, 2006
 Revision – it is the rewriting or overhauling of the entire
instrument. It broadly implies a change that alters a
basic principle in the Constitution, i.e., altering the
principle of separation of powers or the system of checks
and balances. Revision generally affects several
provisions.
 Amendment – it is a change or alteration for the better,
an amendment or change within the lines of the original
instrument which will bring about improvement. It
generally affects only the specific provisions being
amended.
 In the case of Lambino v. COMELEC, the Court ruled
that the Lambino Group’s initiative petition is a revision,
not an amendment. Hence, the initiative violates Sec. 2,
Art. XVII of the Constitution disallowing revisions through
initiative. And that People’s Initiative, which is the power
of the people to propose amendment to the Constitution,
or to propose or enact legislations through an election
called for the purpose, is only to propose amendments
and not to extend revisions. Only the Congress or a
Constitutional Convention can propose both amendments
or revisions to the Constitution.
 How may the 1987 Constitution be amended?
Congress by ¾ of all its members; (2) By Constitution
Convention; and (3) By People’s Initiative.
 There are three modes of amending the Constitution,
to wit:
(a) By the Congress, upon a vote of three-fourths (3/4)
of all its Members;
(b) By a Constitutional Convention; and
(c) By People’s Initiative.
 People’s Initiative is the power of the people to
propose amendment to the Constitution, or to propose or
enact legislations through an election called for the
purpose.
 Revision: (1) by Congress by ¾ votes of all its members; and (2)
By Constitutional Convention. If Congress chooses to call a
Constitution Convention to revise the Constitution, it may either:
(1) Call a Constitutional Convention by 2/3 of all its members or
(2) submit to the electorate the question or calling such a body by
a majority of all its members.
 There are two modes of revising the Constitution, to
wit:
(a) By the Congress, upon a vote of three-fourths (3/4)
of all its Members; and
(b) By a Constitutional Convention.
If the Congress chooses to call a constitutional
convention to revise the Constitution, it may either:
(a) Call a Constitutional Convention by a vote of two-
thirds of all its Members; or
(b) Submit to the electorate the questions or calling such
a body by a majority vote of all its Members.
 PHILIPPINE AS A STATE
 Right of the People to Self-Determination
 Under Art. I of the International Covenant on Civil and
Political Rights and the International Covenant on
Economic, Social and Cultural Rights, the people, by
virtue of the right of self-determination, has the following
rights:
 Internal right of self-determination – The
people are free to determine their political
rights, pursue the economic, social and cultural
development, but this shall not extend to a
unilateral rights of secession
 External right of self-determination – The
establishment of an independent state, free
association with an independent state, or the
emergence into any other political status arises
in only the most extreme cases and under
carefully defined circumstances
 De-Jure and De-Facto government.
- A de jure government is an organized government of a State
which has the general support of its people. A de facto
government is characterized by the fact that it is not founded
upon the existing constitutional law of the State as it is
established by:
(a) usurpation of authority, by force or by the voice of the
majority, the rightful legal government and maintains
itself against the will of the latter;
(b) by military forces who invade and occupy a territory of
the enemy in the course of war, and which is
denominated as a government of paramount force; and
(c) as an independent government, by the inhabitants of a
country who rise in insurrection against the parent State.
 Government of Cory Aquino
- It is submitted that the provisional government that was
established thereunder was revolution in character because it
was installed by the direct action of the people or by “people
power.” Hence, it derived its existence and authority directly
from the people themselves, not from the 1973 Constitution
which was then in existence.
- Initially, the government was a de facto government because
there was no constitutional basis for its creation, the same
not having been sanctioned either in the 1935 or 1973
Constitution. However, the de facto government at the start
acquired a de jure status when it obtained the continuous
public acceptance and support of the people, and the
recognition of practically all foreign governments.
 Government of Gloria Macapagal-Arroyo
- The Supreme Court considered it a de jure government
because President Joseph Estrada already gave up the
presidency. The Supreme Court said: “xxx Despite the lapse
of time and still without any functioning Cabinet, without any
recognition from any sector of government, and without any
support from the Armed Forces of the Philippines and the
Philippine National Police, the petitioner continues to claim
that his inability to govern is only momentary.
What leaps to the eye from these irrefutable facts is
that both houses of Congress have recognized
respondent Arroyo as the President. Implicitly clear in
that no recognition is the premise that the inability of
petitioner Estrada is no longer temporary. Congress has
clearly rejected petitioner’s claim of inability.
In fine, even if the petitioner can prove that he did not resign,
still he cannot successfully claim that he is a President on
leave on the ground that he is merely unable to govern
temporarily. That claim has been laid to rest by Congress
and the decision that respondent Arroyo is the de jure
President made by a co-equal branch of government
cannot be reviewed by the Court.
 Functions of Government:
 Constituent Functions – Those which constitute the
very bond of society, hence, compulsory, not optional
(i.e. keeping of order, definition/punishment of crimes,
administration of justice, protection of persons/property).
 Ministrant Functions – undertaken by advancing the
general interests of society, hence, optional (i.e. Public
 works, public education, public charity, health and safety
regulation, regulation of trade and industry).
 Power/jurisdiction of a state: (1) over persons/things
within its territory; (2) over its nationals; and (3) outside
its territory.
 Territorial Power and Jurisdiction
- The State has power and jurisdiction over persons and things
within its territory. Those who are exempt from this power
and jurisdiction are the following:
(a) Foreign states, heads of states, diplomatic
representatives;
(b) Foreign state properties, including embassies,
consulates, and public vessels engaged in non-
commercial activities;
(c) Acts of State;
(d) Foreign merchant vessels exercising the right of innocent
passage or involuntary entry, such as arrival under
stress;
(e) Foreign armies passing through or stationed in its
territory with its permission; and
(f) Such other persons and property, including organizations
like the United Nations, over which it may, by agreement
waive jurisdiction.
 Personal Jurisdiction
- The State has power of jurisdiction over its nationals, which
may be exercised by the State even if the individual is outside
the territory of the State.
 Extraterritorial Jurisdiction
- The State has power and jurisdiction beyond or outside its
territory:
(a) When it asserts its personal jurisdiction over its
nationals abroad;
(b) When the local state waives it jurisdiction over
persons and things within its territory;
(c) When it establishes a colonial protectorate;
(d) When it enjoys easements or servitudes;
(e) When it exercises jurisdiction over its vessels in the
high seas;
(f) When it exercises limited jurisdiction over the
contiguous zone;
(g) When it exercises the principle of extraterritoriality.
POWERS OF THE STATE
 Police Power, Power of Eminent Domain and Power of
Taxation.
 Police Power – it is the sovereign power to promote and
protect the general welfare. It is the most pervasive and
the least limitable of the three powers of the State, the
most essential, consistent, and illimitable which enables
the State to prohibit all hurtful things to the comfort,
safety and welfare of Society. It is also referred to as
Law of Overwhelming Necessity.
 Power of Eminent Domain
- Is the right of the State to acquire private property for public
use upon payment of just compensation.
 Power of Taxation
- It is the inherent power of the State to raise revenues to
defray expenses of government or for any public purpose.
 The Difference of the Three Inherent Powers
 N – ature of Compensation
- Police Power - The compensation of the person subject to
police power is the intangible altruistic feeling that he has
contributed to society.
- Eminent Domain and Taxation – The compensation is
much more concrete.
- Eminent Domain - there is a full and just compensation of
property taken.
- Taxation – there is a corresponding protection and public
improvements for the taxes paid.
 P – roperty
- Police Power - involves destruction and confiscation of
properties which are noxious.
- Eminent Domain and Taxation – The property is taken for
public use.
 E – xercise of Power
- Police Power and Taxation – inherently exercisable only by
the government
- Eminent Domain – it may be exercised by private entities.
  R – egulated
- Police Power – it regulates liberty and property.
- Eminent Domain and Taxation – they are addressed to
public rights only.
 Definition in Article I (Memorize and understand)
 Article I, National Territory, 1987 Constitution
- The national territory comprises the
Philippine archipelago,
- with all the islands and waters embraced
therein,
- and all other territories over which the
Philippines has sovereignty or jurisdiction,
- consisting of its terrestrial, fluvial and
aerial domains,
- including its territorial sea,
- the seabed,
- the subsoil,
- the insular shelves,
- and other submarine areas.
- The waters around,
- between, and
- connecting the islands of the archipelago,
- regardless of their breadth and
dimensions,
- form part of the internal waters of the
Philippines.
 Archipelagic doctrine
- Under this doctrine, the Philippine Archipelago
is considered as one integrated unit instead of
being divided into more than 7,000 islands.
This assertion, together with the application of
the “straight base line method” is what is
referred to as the “Archipelagic Doctrine.”
 Sabah Claim – Sulu Sultan Mohammed Kiram ceded sovereignty
and dominion over Sabah to the Philippine Government, though
President Macapagal. This is more strong and sustainable than the
claim of Baron de Overdeck and Alfred Dent, who, as mere private
individuals, could not and were not able to acquire dominion and
sovereignty over North Borneo/Sabah.
 Province of North Cotabato vs. GRP Peace Panel on
Ancestral Domain – The MOA is contrary to law and our
Constitution. Putting a portion of our national territory to a status
which, in effect, is considered as a preparation for independence is
not conducive to national unity. Our Constitution does not
contemplate any State in this jurisdiction other than the Philippine
State. The concept of associated state is not recognized by the
1987 Constitution. (G.R. No. 183951, October 14, 2008)
 Reservations on UNCLOS:
1. The internal waters of the PH are strictly limited to waters in
lakes, bays, gulfs, mouth of rivers, and in permanent harbor
works, which results to a drastic contraction of our territorial
sovereignty.
2. The application of UNCLOS rules on the maritime zones such
as those governing the territorial sea, deprives the boundary
line of the Treaty of Paris (International Treaty Limits) of any
legal function. Assuming these is to reorganize the entire
territorial regime of the PH, resulting in the debasement of its
territorial sovereignty.
3. The rights and duties of the PH in regard to the international
community are those which pertain to the maritime zones,
leaving the Treaty of Paris boundary lines without any legal
purpose in terms of rights and duties.
4. The territorial sea of the PH extends no farther than 12
nautical miles, accdg to UNCLOS. Hence, it is only up to that
limit that the PH enjoys sovereignty. Likewise, under the
UNCLOS, the internal waters of the PH are strictly limited to
water in lakes, bays, gulfs, mouth of rivers, and in permanent
harbor works. This means a drastic contraction of its
territorial sovereignty.
 3 Navigable Rivers:
1. Inland or Internal Waters – within the land territory;
rivers, bays, gulfs, straits, lakes, canals)
- Inland Waters and Territorial Sea –
Comprise what is generally known as the
territorial waters of a State.
2. Territorial sea – also known as the Maritime Belt; it is the
portion of the sea adjacent to the coast of the state
which is under its control (NOTE: Breadth or width of the
territorial sea)
 3. High seas or Open seas – are part of the sea which is not
included in the territorial sea or in the internal waters of
any state
 NOTE: A State exercise sovereignty over these waters
to the same extent as its land territory but foreign
vessels have a right of innocent passage (Art. II,
Convention of the Law of the Sea)
 Position of the Philippine Government in Relation to
Archipelagic Doctrine
- The three-mile limit, and even the twelve (12) mile limit, does
not protect the interest of the Philippines because:
(1) It will result to the dismemberment of our archipelago, the
Sibuyan Sea separating from the Visayas, and the Mindanao
Strait and Sulu isolating Palawan from the rest of the
archipelago.
(2) The said waters would cease to be Philippine waters. They
would become international waters or high seas, and fishing
vessels from all nations can enter to get the fish and other
living resources of the sea which nature and Divine
Providence intended for the Philippines.
(3) Warships of even unfriendly nations could enter these waters
and stay there with perfect legal right to do so.
(4) Likewise, we would lose a large part of our territory or both
sides of the archipelago, towards the China Sea and the
Pacific Ocean.
 Contiguous zone - It is the zone extending up to 12 nautical
miles from the territorial sea. Although it is not technically a part
of the territory of the State, the coastal State may exercise limited
jurisdiction over the contiguous zone as a preventive measure to
insure that customs laws, immigration and sanitary laws are
properly and effectively enforced
 Exclusive economic zone - It is the zone which extends up to
200 miles from the low water mark or the baselines as the case
may be.
 Easement of Innocent Passage - It is the right of foreign
vessels to pass through territorial waters, especially those
connecting two open seas, provided:
(1) That the passage is “innocent” which means that there is no
ulterior motive for the passage, and all the regulations of the
State concerned must have been complied with; and
(2) That there is only a passage which means that there is merely
a passing through, with no loading or unloading of any person or
goods.
 Baselines Law
- The baseline in the following areas over which the
Philippines likewise exercises sovereignty and
jurisdiction shall be determined as "Regime of Islands"
under the Republic of the Philippines consistent with
Article 121 of the United Nations Convention on the
Law of the Sea (UNCLOS):
a. The Kalayaan Island Group as constituted under
Presidential Decree No. 1596; and
b. Bajo de Masinloc, also known as Scarborough
Shoal.
 The use of this framework to determine the maritime zones of KIG
and Scarborough Shoal is not inconsistent with the Philippine
Claim of Sovereignty.
REASONS:
 The decision of Congress to classify KIG/Scarborough as Regime
of Islands under RP is consistent with Art 121 of UNCLOS II.
 It manifests Philippine State’s responsible observance of its Pacta
Sunt Servanda obligation under UNCLOS III.
 Under Article 121, “any naturally formed area of land surrounded
by water, which is above water at high tide, like the KIG, qualifies
under the category of regime of islands whose lands generate
their own applicable maritime zones. (Magallona vs. ERMITA, G.R.
No. 187167, August 16, 2011)
 Principle of Republicanism – Sec. 1. Art. II
- SECTION 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people
and all government authority emanates from them.
 What is a Republican Government?
- a government which is run by the people
through their chosen representatives who, in
turn, are accountable to the sovereign will of the
people
- derive its mandate from the people who elect
them for a period or a term that is fixed by law
- cannot go against the specific authority and
sovereign will of the people for they are
precisely the source of all government authority
and are merely the trustees who are expected to
act for and in their behalf and for their benefit
 Separation of powers, checks and balances. Blending of
Powers.
 Separation of Powers
- Is the basis of the doctrine of the Constitution
which allocates powers to each of the said
departments of government precisely on
account of the principle that “the Philippines is
a democratic and republican state.”
 Checks and Balances
- In this doctrine, one department is given
certain powers by which it may definitely
restrain the others from exceeding
constitutional authority. It may object or resist
any encroachment upon its authority, or it
may question, if necessary, any act or acts
which unlawfully interfere with its sphere of
jurisdiction.
 Blending of Powers
- In actual practice, blending of powers is
actually a sharing of powers of the different
departments whereby one department helps
and coordinates with the other in the exercise
of a particular power, function. or
responsibility.
 Political question and justiciable question
 Political Question
- It is a question of policy. It refers to those
questions which under the Constitution are to
be decided by the people in their sovereign
capacity, or in regard to which full
discretionary authority has been delegated to
the legislative or executive branch of the
government.
 Justiciable Question
- Where the vortex of the controversy refers to
the legality or the validity of the contested
act, that matter is definitely justiciable or non-
political.
 Principle of Non-delegation of Powers
 Based on the legal maxim:
 Potestas Non Delegata Non Delegari Potest
- which means POWER DELEGATED CANNOT
FURTHER BE DELEGATED
 Classic rule of John Locke: The legislative must not nor
can transfer the power of making laws to anybody else or
place it anywhere except where the people have.
 PRINCIPLE: The delegate to whom a power is delegated
has been chosen precisely because trust is reposed on
him and if he delegates further to another the power
delegated to him, that third person does not have the
trust originally given to him.
 Can Legislative powers be delegated?
- No, as a rule they may not be delegated. However, they
may be delegated in the following cases:
1. When authorized by the Constitution:
a. The Congress may by law grant emergency
power powers to the President.
(Sec.23 [2] Art. 6)
b. Congress may by law grant tariff powers to the
President. (Sec. 28 [2] Art. 6)
2. May be delegated to local governments:
a. Police Power has been expressly delegated by
the Legislature to the local law-making bodies.
b. Eminent Domain
3. May be delegated to the people at large:
a. Referendum
b. Initiative
 CASES: Belgica et al s. Ochoa, et.al. (G.R. NO. 208566,
November 19, 2013) – Pork Barrel System
 Pork Barrel System
– it is actually the collective body of rules
and procedures that govern the manner by
which lump sum and discretionary funds
intended primarily for local projects will be
utilized and spent through the respective
participations of the legislative and executive
branches of the government.
 Principles of Constitutional Law that were violated:
- It is violation of Separation of Powers (When it confers
unto legislators the power of appropriation by giving them
personal, discretionary funds from which they are able to fund
specific projects which they themselves determine).
- It is a violation of the principle of non-delegability of
legislative power (when legislators have been accorded post-
enactment authority to identify projects they desire to be
funded from the pork barrel allocations; post enactment
authority in the areas of fund release and realignment; when
requests or release of funds are required to be supported by
prescribed documents and formally endorsed by the House
Committee on appropriations and Senate Committee on
Finance; when realignment of funds must be submitted to the
House Committee of Appropriations and Senate Committee on
Finance for favorable endorsement)
- It is a violation of the principle of local autonomy
(because the PBS allows the national officers to substitute their
projects in utilizing public funds for local development)
- Operative fact doctrine (the law is recognized as
unconstitutional, but the effects of the unconstitutional law
prior to the time it was declared a nullity, may be left
undisturbed as a matter of equity and fair play. The doctrine is
applicable when a declaration of unconstitutionality will impose
n undue burden on those who have relied on the invalid law).
- Void for vagueness rule (When a statute forbids or requires
the doing of an act in terms so vague that men of common
intelligence must necessarily guess as to its meaning and differ
as to its application, that law is deemed void. Such kind of
statute violates the first essential of due process of law
because it denies the accused the right to be informed of the
charge against him).
- Overbreath doctrine (a governmental purpose may not be
achieved by means which sweep unnecessarily and broadly
and thereby invade the area of protected freedom).
 Rule of majority. Different interpretations of what
constitutes a majority.
- They are the following:
 Proclamation of Martial Law or Suspension
of Writ of Habeas Corpus
- The Congress, voting jointly, by a vote of at
least a majority of all its Members in regular
or special session, may revoke such
proclamation or suspension, which revocation
shall not be set aside by the President – the
 said majority also refers to the majority vote
of all members of each House.
- Also known as SIMPLE MAJORITY
 Quorum of Each House
- A majority of each House shall constitute a
quorum to do business, but a small number
may adjourn from day to day – the said
majority also refers to the majority vote
of all members of each House.
 Suspension or Expulsion of a Member
- Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-
thirds of all its Members, suspend or expel a
Member – this refers to two-thirds of all
members of each House.
 Constitutionality of a Treaty, International
or Executive Agreement of Law
- The majority decision would depend on the
number of justices that took part of the
deliberations. It is called fluctuating
majority.
 A Majority of One
- A dissenting vote of one Sandiganbayan
Justice will prevent a decision of two other
members of the division as a unanimous vote
is required for such decision. In that sense,
the lone dissenting vote is considered as
a “Majority of One”
 Constitutional Authoritarianism
- It is where the President assumes extraordinary powers
including legislative, judicial, and even constituent powers.
- It happened to the Philippines during the Martial Law Era
when President Marcos, upon the dissolution of the
Congress by padlocking it, seized the power to legislate
laws. This is why the President issued presidential decrees
and letters of instructions.
- When the Batasang Pambansa was organized, legislative
powers is primarily vested in this body although the
President, under and by virtue of what is known as
Amendment No. 6, continued to issue decrees when the
exigency of the situation requires and in case of other
emergencies.
 Separation of Church and State
 SECTION 6. The separation of Church and State
shall be inviolable.
- STATE - It cannot meddle in the internal affairs of the church. It
cannot question its faith and dogmas and dictate upon it. It cannot
favor one religion and discriminate against another.
- CHURCH - It cannot impose it beliefs and convictions on the State
and the rest of its citizenry. It cannot demand that the nation follows
its beliefs even if it sincerely believes that they are good for the
country.
 When does life begin?
- “Whether it be taken from a plain meaning, or understood under
medical parlance, and more importantly, following the intention
of the Framers of the Constitution, the undeniable conclusion is
that a zygote is a human organism and that the life of a new
human being commences at a specifically well-defined moment
of conception, that is upon fertilization.
(James M. Imbong, et. al. vs. Hon Paquito N. Ochoa, Jr.,
G.R. No. 204819, April 8, 2014)
 Reproductive Health Law – The intent of the framers of the
1987 Constitution is to prevent the legislature from enacting a
measure legalizing abortion.
 The Supreme Court explained that:
- RH Law itself clearly mandates that protection
be afforded from the moment of fertilization.
- RH Law is replete with provisions that embody
the policy of the law to protect the fertilized
ovum and that it be afforded safe travel to the
uterus for implantation
- RH Law recognizes that abortion is a crime
under Article 236 of the RPC which penalized
 the destruction and expulsion of the fertilized
ovum
 RH Law does not sanction abortion; any drug or device
that induces abortion, that is, which kills or destroys the
fertilized ovum or prevents the fertilized ovum to reach
and be implanted in the mother’s womb, is abortifacient.
 Contraceptives:
 Congress cannot legislate that hormonal contraceptives
and IUDs are safe and abortifacient
- FDA, not the Congress, has the expertise to
 How can Social Justice be promoted?
determine whether a particular hormonal
contraceptive or IUD is safe and non-
abortifacient
- There must first be a determination by the FDA
that they are safe, legal, non-abortifacient and
effective family planning products and supplies
- There can be no pre-determination by Congress
without proper scientific examination
 Social Justice – Old and New Concept (Sec. 10)
 Section 10. The State shall promote social justice in all
phases of national development. (Art. II)
 Old Concept
- Salus Populi Est Suprema Lex: The welfare of
the people shall be the supreme Law
 Expanded Meaning of Social Justice
- Social Justice under the 1987 Constitution includes
all phases of NATIONAL DEVELOPMENT, instead
of merely limited to the removal of socio-economic
inequities. It contemplates equitable diffusion
not only of wealth but also of political power.
(Sec. 1, Art. XIII)
1. 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 inequalities by
equitably diffusing wealth, and political power for the
common good. (Sec. 1, Art. XIII)
2. The State shall regulate the acquisition, ownership, use
and disposition of property, and its increments. (Sec. 1,
Art. XIII)
3. The promotion of social justice shall include the
commitment to create economic opportunities based on
freedom of initiative and self-reliance. (Sec. 2, Art XIII)

 Social justice is “neither communism, nor despotism,  Doctrine of Incorporation Political Law
nor atomism, nor anarchy,” but the humanization of laws
- Under this doctrine, a State is, by reason of its membership
and the equalization of social and economic forces by the
in the family of nations, bound by the generally accepted
State so that justice in its rational and objectively secular
principles of international law, the same being considered
conception may at least be approximated. Social justice
as part of its own land.
means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to
- In consonance with this doctrine, the Philippines is bound by
insure economic stability of all the competent elements of
any resolution which is duly approved by the United Nations
society, through the maintenance of a proper economic
General Assembly or by any treaty, commitment, or
and social equilibrium in the interrelations of the
agreement, reached in an international convention,
members of the community, constitutionally, through the
especially when the Philippines is a party or a signatory to
adoption of measures legally justifiable, or extra-
the said agreement or treaty. But even if it is not a
constitutionally, through the exercise of powers
signatory, the Philippines is bound by the Hague Convention.
underlying the existence of all governments on the time-
- because it embodied the generally accepted principles of
honored principles of salus populi est suprema lex.
international law binding upon all State.
 Doctrine of State Immunity

 Sec. 3, Article XVI – The State may not be sued

without its consent.

- A State has the inherent right to exist and to protect itself and
its citizen from any act or acts which will defeat the greater
interest of the people which it is obligated to serve. This
includes the right to protect itself against indiscriminate suits
which will necessarily require its attention, time, and
resources. All these could otherwise be used more for the
benefit and interest of the general welfare, in line with the
provisions of Secs. 4 and 5, Art. II of the 1987 Constitution.

 Par In Parem Non Habet Imperium

- that all states are sovereign equals and cannot
assert jurisdiction over one another. The precept
that a State cannot be sued in the courts of a foreign
state is a long-standing rule of customary
international law then closely identified with the
personal immunity of a foreign sovereign from suit.
Legislative Power (Art. VI, Section 1)
Sec. 1, Art. VI – The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
Differences Senate of the Philippines
- Sec. 3(6), Art XI. The Senate shall have the
sole power to try and decide all cases of
impeachment.
- The Senate shall stand as the sole
impeachment court.
- Only Congress has the sole power to declare
the existence of a state of war, not the
power to declare war.
Power
There are 24 Senators who shall be elected
at large by the qualified voters of the
Composition Philippines as may be provided by law. (Sec.
2 Art. VI)
House of Representatives
- Sec. 3(2 and 4), Art XI. Provides that “A verified
complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a
resolution or endorsement by any Member thereof, which
shall be included in the Order of Business within ten
session days, and referred to the proper Committee within
three session days thereafter.”
- Impeachment proceedings shall begin at the House.
- Art. VI, SECTION 24. All appropriation, revenue or tariff
bills, bills authorizing increase of the public debt, bills of
local application, and private bills shall originate
exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
- Only Congress has the sole power to declare the
existence of a state of war, not the power to declare
war.
There are not more than 250 members, unless otherwise
fixed by law who are elected from various legislative
districts. They are the following:
a. District Representatives
- There shall be no less than 200 Members in the
House of Representatives.
b. Party List Representatives
- There are 50 seats initially allowed to the Party List
members, to be chosen from the various parties
listed in the Commission of Elections which have
presented candidates in the election. (Sec. 5 [1 and
2], Art. VI)
  Sec. 3 of Art. VI provides that:  Sec. 6 of Art. VI provides that:

a. Natural-born citizen a. Natural-born citizen

b. At least 35 years of age on the day of b. At least 25 years of age on the day of the
Qualification the election election
c. Able to read and write c. Able to read and write
d. A registered voter d. A registered voter in the district in which he
e. A resident of the Philippines for not less shall be elected.
than two years immediately preceding e. A resident of the Philippines for not less than
the day of the election. one year immediately preceding the day of
the election

Section 4, Article VI. Section 7, Article VI.

- The term of office of the Senators shall be six
years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day
of June next following their election. No
Senator shall serve for more than two
consecutive terms. Voluntary renunciation of
Term the office for any length of time shall not be
considered as an interruption in the continuity
of his service for the full term of which he was
elected.
- The Members of the House of Representatives shall be
elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.
- Three (3) years

- Six (6) years - No Member shall serve for more than three
consecutive terms.
- No Senator shall serve for more than two
consecutive terms.
- Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the
- Voluntary renunciation of the office for any continuity of his service for the full term for which he
length of time shall not be considered as was elected.
an interruption in the continuity of his
service for the full term for which he was
elected.
 Immunities
(Sec. 11. Art. VI)
- A Senator or Member of
the House of
Representatives shall, in
all offenses punishable by
not more than six years
imprisonment, be
privileged from arrest
while the Congress is in
session. No Member shall
be questioned nor be held
liable in any other place for
any speech or debate in
the Congress or in any
committee thereof.
 In all offenses punishable by not more
than six years imprisonment, a Senator
has the following immunities, to wit:
a. A Senator shall be privileged from
arrest while the Congress is in session.
b. A Senator may not be question nor held
liable for any speech or debate in the
Congress or in any committee thereof.
 In all offenses punishable by not more than six
years imprisonment, a Member of the House of
Representative has the following immunities, to
wit:
a. A Member of the House of Representative shall be
privileged from arrest while the Congress is in
session.
b. A Member of the House of Representative may not
be question nor held liable for any speech or debate
in the Congress or in any committee thereof.

Sec. 16[3], Art. VI - Each House may determine the rules of its
proceedings, punish its Members for disorderly behavior, and, with
Disqualification the concurrence of two-thirds of all its Members, suspend or expel
a Member. A penalty of suspension, when imposed, shall not
exceed sixty days.

- The number of persons of the body which, when legally assembled in their places, will
enable the body to transact its proper business, or, in other words. That number that
makes a lawful body and give it power to pass al law or ordinance or do any other valid
Quorum corporate act. (Javellana v Tayo)

- A majority of each House shall constitute a quorum to do business, but a

smaller number may adjourn from day to day and may compel the attendance
of absent Members in such manner, and under such penalties, as such House
may provide.(Sec. 16[2]. Art. VI)

Sec. 17, Art. XVIII - Until the Congress provides otherwise, the
President shall receive an annual salary of three hundred thousand
pesos; the Vice-President, the President of the Senate, the Speaker
of the House of Representatives, and the Chief Justice of the
Salaries (Sec. 17, Art. Supreme Court, two hundred forty thousand pesos each; the
XVIII) Senators, the Members of the House of Representatives, the
Associate Justices of the Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred four thousand pesos
each; and the Members of the Constitutional Commissions, one
hundred eighty thousand pesos each.
 - P 204,000 per annum
- The Congress may increased the salaries of its members provided that it
cannot be effective during the term of the members of the Congress who
have approved it.

- No Senator or Member of the House of Representatives may hold any

other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or
Incompatible Office (Sec. controlled corporations or their subsidiaries, during his term without
13, Art. VI) forfeiting his seat. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased during the term
for which he was elected.

 Two Kinds of Sessions, as provided by Sec. 15, Art. XV

Section 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may call
a special session at any time.
Session
1. Regular Session
- The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is
fixed by law.
2. Special Session
- A special may be called by the President at any time.

There is a third kind of Session called “Sine Die”

- It is held without day, by staying the hands of the clock definitely
at a certain time and continuing the session indefinitely.

 SECTION 21, ARTICLE VI. The Senate or the House of Representatives or any of its
Two Kinds of Inquiry respective committees may conduct inquiries in aid of legislation in accordance with
its duly published rules of procedure. The rights of persons appearing in or affected
by such inquiries shall be respected.
(Right to Conduct Inquiry in Aid of Legislation)

- Under this Section:

1. Congress has the power to conduct inquiries in aid of
legislation the aim of which is to elicit information that
may be used for legislation.
 2. Attendance is compulsory.
3. Congress can compel the attendance of executive officials.

 SECTION 22, ARTICLE VI. The heads of departments may upon their own
initiative, with the consent of the President, or upon the request of either House, as
the rules of each House shall provide, appear before and be heard by such House on
any matter pertaining to their departments. Written questions shall be submitted to
the President of the Senate or the Speaker of the House of Representatives at least
three days before their scheduled appearance. Interpellations shall not be limited to
written questions, but may cover matters related thereto. When the security of the
State or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.
(Power of Congress to Conduct a Question Hour)

- Under this Section

1. Congress has the power to conduct a question hour, the
objective of which is to obtain information in pursuit of
Congress oversight function.
2. Attendance is discretionary, hence, it is valid for the
President to require that consent be required first before
her subordinates appear in Congress during the question
hour.
3. Congress cannot compel the appearance of executive
officials if the required consent of the President is not
obtained first, or if no such consent is given.

 Case: Adaza vs. Pacana the session hall. These Senators continued meeting. In
the process, they replaced Jose Avelino with Mariano
 The petitioner who was the Governer of Misamis Oriental
Cuenco as Acting President. Avelino questioned the
ran for the Batasang Pambansa. Pacana, who was then
validity of the election of Cuenco on the ground that the
the Vice Governor of the said province, ran likewise for
12 Senators did not constitute a majority and could not,
the Batasang Pambansa but lost. He subsequently
therefore, constitute a quorum, there being 24 members
assumed the governorship when Adaza became qualified
of the Senate.
as Assemblyman. Adaza questioned Pacana’s assumption
of the governorship on the ground that under
 The 12 Senators who elected Cuenco were
parliamentary system, a legislator could concurrently
sufficient to constitute a quorum, the said number
serve as governor, and for this reason, there was no
bing a majority of 24, not 24, because one Senator
vacancy in the governorship. The Supreme Court ruled
was then in the United States. For this reason, the
that when Adaza took his oath as Assemblyman, he
Senator is not only outside of the territorial
automatically forfeited the governorship.
jurisdiction of the Philippines but also outside and
beyond the coercive jurisdiction of the smaller
 Case: Avelino vs. Cuenco number of senators. The remaining senators can
therefore “adjourn from day to day and compel the
 Jose Avelino and Mariano Cuenco were both members of
attendance of absent members in such manner, and
the Senate. Jose Avelino who was then Senate President
under such penalties,” as the Upper House, or the
walked out of the session hall with his followers, after
Senate, may provide.
adjourning the session. Twelve (12) Senators were left in
 Electoral Tribunal and Commission on Appointments  Does the Senate and the House of Representatives have an
(Sections 17, 18, and 19, Article VI) Electoral Tribunal?
 Under the 1987 Constitution, the Senate and the House
of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to
 SECTION 17. The Senate and the House of
the election, returns, and qualifications of their respective
Representatives shall each have an Electoral
Members.
Tribunal, which shall be the sole judge of all
contests relating to the election, returns, and
 What is the composition of each Electoral Tribunal?
qualifications of their respective Members. Each
 Each Electoral Tribunal shall be composed of:
Electoral Tribunal shall be composed of nine
 Nine Members
Members, three of whom shall be Justices of the
 3 Justices of the Supreme Court
Supreme Court to be designated by the Chief
– Designated by the Chief
Justice, and the remaining six shall be Members of
Justice
the Senate or the House of Representatives, as the
 6 Members of the Senate or House
case may be, who shall be chosen on the basis of
of Representatives
proportional representation from the political
parties and the parties or organizations registered
 Limitations of the Powers of Congress. (Sections 25, 28, 29,
under the party-list system represented therein.
20, and 31)
The senior Justice in the Electoral Tribunal shall be
its Chairman.
 The 1987 Constitution imposed certain prohibitions and
restrictions which are: EBITAT
 SECTION 18. There shall be a Commission on
1. No Ex Post Facto Law shall be passed.
Appointments consisting of the President of the
– Sec. 22, Art. III
Senate, as ex officio Chairman, twelve Senators
2. No Bill of Attainder shall be passed.
and twelve Members of the House of
– Sec. 22, Art. III
Representatives, elected by each House on the
3. No law impairing the obligation of
basis of proportional representation from the
contracts shall be passed.
political parties and parties or organizations
- Sec. 10, Art. III
registered under the party-list system represented
4. No law granting title of royalty or nobility
therein. The Chairman of the Commission shall not
shall be passed.
vote, except in case of a tie. The Commission shall
– Sec. 31, Art. III
act on all appointments submitted to it within thirty
5. No law shall be passed increasing the
session days of the Congress from their
appellate jurisdiction of the Supreme
submission. The Commission shall rule by a
Court as provided in this Constitution
majority vote of all the Members.
without its advice and concurrence.
– Sec. 30, Art. VI
 SECTION 19. The Electoral Tribunals and the
6. No law granting any tax exemption shall
Commission on Appointments shall be constituted
be passed without the concurrence of a
within thirty days after the Senate and the House
majority of all the members of the
of Representatives shall have been organized with
Congress. – Sec. 28 (4), Art. VI
the election of the President and the Speaker. The
Commission on Appointments shall meet only while
the Congress is in session, at the call of its
Chairman or a majority of all its Members, to
discharge such powers and functions as are herein
conferred upon it.

 Constitutional Restriction on the Powers of Congress
SECTION 29. (1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or
leprosarium.
(3) All money collected on any tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only. If the purpose
for which a special fund was created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the general funds of the
Government.
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and wharfage dues,
and other duties or imposts within the framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or convents
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills shall
originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.
SECTION 25. (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content, and manner of preparation of
the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in
its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified by
the National Treasurer, or to be raised by a corresponding revenue
proposed therein.
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in
joint session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
- The Congress has the SOLE POWER to declare the EXISTENCE
of a STATE OF WAR, not the POWER TO DECLARE WAR.
 How a bill becomes a law? (Sections 26 and 27)
SECTION 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed copies
thereof in its final form have been distributed to its Members three
days before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be
 sent, together with the objections, to the other House by which it
shall likewise be reconsidered, and if approved by two-thirds of all
the Members of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be
entered in its Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty days after
the date of receipt thereof; otherwise, it shall become a law as if
he had signed it.
 The procedure is as follows:
 First Reading – Only the number and the title of the bill
is read. Thereafter, the Speaker or the Senate President,
as the case may be, refers it to the proper committee for
study. The following may happen after the bill is referred
to the proper committee:
 It may be unacted upon or “killed” in the
committee;
 It may be approved by the committee without
any amendment;
 It may be amended and approved later; or
 The committee may conduct public hearings and
consider favorably the comments and
suggestions during the public hearings.
 Second Reading – When the bill is reported out by the
committee, it shall be calendared for second reading. It is
at this stage when the bill is read in its entirety.
Thereafter, the bill is subject to debate, amendment and
scrutiny by the members of either House. This is the
most important stage in the passage of a bill.
 Third Reading – The bill, as approved on second
reading, is printed in its final form. Copies thereof are
distributed at least three days before the third reading.
During the third reading, the members merely register
their votes, or they may explain their votes, if this is
allowed by the rules. No further debate is allowed.
 If the bill passes the Third Reading – It is sent to the
other chamber. There will also be three readings in the
other chamber. If it is approved by the upper chamber, it
will be submitted to the President for his consideration
and approval.
 If the bill is finally approved by Congress – the bill is
enrolled when it is finally approved by Congress.
Thereafter, it will be authenticated with the signatures of
the Senate President or the Speaker and the Secretary,
and approved by the President.
 Item Veto of the President (Section 27, paragraph 2)
 SECTION 27. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; otherwise, he
shall veto it and return the same with his objections to
the House where it originated, which shall enter the
objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be
entered in its Journal. The President shall communicate
his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object.
 Provide for a system of Initiative and Referendum (Section
32) – Self-explanatory
 SECTION 32. The Congress shall, as early as
possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and enact
laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative
body after the registration of a petition therefor
signed by at least ten 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 thereof.