CONSTITUTIONAL LAW!

contract whether promulgated by the legislative

or by the executive branch or entered into by
Part 1 private persons for private purposes is null and
BASIC PRINCIPLES void and without any force and effect. Thus,
since the Constitution is the fundamental,
Political Law - “that branch of public law which paramount and supreme law of the nation, it is
deals with the organization and operation of the deemed written in every statute and contract
governmental organs of the State and define the G.R. No. 122156 February 3, 1997 MANILA
relations of the state with the inhabitants of its PRINCE HOTEL vs. GSIS
territory.” (People vs. Perfecto, 43 Phil. 887, 897
[1922)) “..When the courts declare a law to be
inconsistent with the Constitution, the former
Nature of Political Law. Where there is change shall be void and the latter shall govern” Art 7,
of sovereignty, the political laws of the former New Civil Code”
sovereign, whether compatible or not with those
of the new sovereign, are automatically Types of Constitutions
abrogated, unless they are expressly re-enacted 1. In relation to the amendment process:
by affirmative act of the new sovereign. * Rigid - This may not be amended except
(Macariola vs. Asuncion - 114 SCRA 77, - A.M. No. through a special process distinct from and
133-J May 31, 1982) more involved than the method of changing
ordinary laws.
Constitutional law is the study of the * Flexible - is one that can be changed by
maintenance of the proper balance between ordinary legislation. (Cruz, Constitutional
authority represented by the three inherent Law p 5).
powers of the State and liberty as guaranteed by 2. As to its adaption:
the Bill of Rights. (Cruz) It “is a body of rules * Written - The provisions have been reduced
resulting from the interpretation by a high court to writing and embodied in one or more
of cases in which the validity, in relation to the instruments at a particular time.
constitutional instrument, of some act of * Unwritten - Consists of rules which have not
government, has been challenged.” (Bernas) been integrated into a single, concrete form
but are scattered in various sources, such as
Constitution. That written instrument enacted statues of a fundamental character, judicial
by direct action of the people by which the decisions, commentaries of publicists,
fundamental powers of the government are customs and traditions, and certain
established, limited and defined, and by which common law principles.
those powers are distributed among several
departments for their safe and useful exercise 3. As to its enactment
for the benefit of the body politic. (Malcolm, * Enacted or conventional is enacted,
Philippine Constitutional Law, p. 6) formally struck off at a definitive time and
place following a conscious or deliberate
Auto Limitation. The power of the State to effort taken by a constituent body or ruler;
govern persons and things within its territory is Cumulative or Evolved - is the result of
supreme. A sate may however choose to refrain political evolution, not inaugurated at any
from the exercise of what otherwise is illimitable specific time but changing by accretion
competence. rather than by systematic method.

Constitutional Supremacy. If a law or contract The 1987

Constitution is WRITTEN,
violates any norm of the constitution that law or CONVENTIONAL, and RIGID.

! Inspired by the course outline of Atty. Vincent Paul No part of this material is intendefor
d sale.
Montejo.
Constitutional Law Review - 2023 Atty. Edgar B. Pascua II 1
 « It provided for the calling of a Constitution
Qualities of a Good Constitution. Brief, Broad Commission
and Definite (BBD)
Case: It is true that the Bill of Rights under the
Essential parts of a good Constitution (GoliSo) 1973 Constitution was not operative during an
«Constitution of Government. The series of interregnum. However, the protection accorded
provisions outlining the organization of the to individuals in International Covenant on Civil
government, enumerating its powers, and Political Rights and the Universal Declaration
laying down certain rules relative to its of Human Rights remained in effect during the
administration and defining the electorate. interregnum. Nevertheless, even during the
(ex. Art VI, VII, VIII and IX) interregnum the Filipino people continued to
+ Constitution of Liberty. The series of enjoy, under the Covenant and the Declaration,
proscriptions setting forth the fundamental almost the same rights found in the Bill of Rights
civil and political rights of the citizens and of the 1973 Constitution. (G.R. No. 104768 July
imposing limitations on the powers of 21, 2003, REPUBLIC vs. SANDIGANBAYAN)
government as a means of securing the
enjoyment of those rights. (Ex. Article 11) The 1987 Constitution
* Constitution of Sovereignty. The provisions
pointing out the mode or procedure in Case: By virtue of the provision of Article XVIII,
accordance with which formal changes in Section 27 of the 1987 Constitution that it "shall
the fundamental law may be brought about. take effect immediately upon its ratification by a
(Ex. Art XVII) majority of the votes cast in a plebiscite held for
the purpose,” the 1987 Constitution took effect
1986 Provisional Constitution on February 2, 1987, the date of its ratification in
the plebiscite held on that same date. So that is
Proclamation No. 1 (Feb 25, 1986) Provisional the date of the ratification" and that "the
Government) Announced the assumption of canvass thereafter [of the votes] is merely the
power of Aquino and Laurel mathematical confirmation of what was done
during the date of the plebiscite and the
“The legitimacy of the Aquino government is not proclamation of the President is merely the
a justiciable matter the people of the Philippines official confirmatory declaration of an act which
are the judge. And the people have made the was actually done by the Filipino people in
judgment; they have accepted the government of adopting the Constitution when they cast their
President Aquino which is in effective control of votes on the date of the plebiscite. (DE LEON vs.
the entire country so that it is not merely a de ESGUERRA G.R. No. 78059 Aug 31, 1987)
facto government but in fact and law a de jure
government. The Aquino government was a EDSA 1 vs EDSA 2
result of a "direct state action. (Lawyers League
v Aquino, GR. 73748, May 22, 1986) People Power | People Power II

Proclamation No. 3 (Mar 25, 1986) Announced Involves the exercise of | An exercise of people
the promulgation of the Provisional (Freedom) the people power of power of freedom of
Constitution, revolution which speech and freedom of
pending the drafting and
ratification of a new Constitution overthrew the whole assembly to petition the
government. government for redress of
* This adopted the contents of the 1973
Constitution sans the provisions on the grievances which only
affected the office of the
Batasang Pambansa, the Prime Minister and
President.
the Cabinet, Amendments, Transitory
Provisions and all amendments thereto were
deemed superseded

Constitutional Law Review - 2023

Atty. Edgar B. Pascua II
2
 Extra constitutional and | Intra constitutional and the it has the properties of an animate being in the
the legitimacy of the resignation of the sitting sense that it changes.
new government that President that it caused and
resulted from it cannot | the succession of the Vice Originalism. The Constitution should be changed
be the subject of President as President are through the amendment process, and that
judicial review, subject to judicial review. allowing judges to determine an ever-changing
Presented a political Involves legal questions. meaning of the constitution undermines
question; democracy.
Aquino Gov't was GMA Gov't was not
Revolutionary in Revolutionary in Character Judicial Review
Character
The Theory and Basis. (See Constitutional
Constitutional Construction Supremacy) The Constitution is the fundamental,
paramount and supreme law of the nation, it is
General rule. In case of doubt, the constitution deemed written in every statute and contract.
should be considered self-executing rather than
non-self-executing. Self-executing laws are The Power of Judicial Review. An aspect of
mandatory, and positive commands which are judicial power that allows the Court every
complete in themselves and which needs no opportunity to review, revise, reverse, modify, or
further guidelines or implementing laws or rules affirm on appeal or certiorari, as the law or the
for their enforcement. The very words the Rules of Court may provide, final judgments and
provision does not require any legislation to put orders of lower courts and to determine whether
it in operation. (G.R. No. 122156 February 3, or not there has been a grave abuse of discretion
1997 MANILA PRINCE vs. GSIS) amounting to lack of or excess of jurisdiction on
the part of any branch or instrumentality of the
Exception. “Unless the contrary is clearly government. (See Judicial Power)
intended”. The principles and state policies
enumerated in Article Il and some sections of Expanded the Concept of Judicial Power. “To
Article XII are not "self-executing provisions, the determine whether or not there has been a
disregard of which can give rise to a cause of grave abuse of discretion amounting to lack or
action in the courts. (Tariada vs. Angara G.R. No. excess of jurisdiction on the part of any branch
118295 May 2, 1997) or instrumentality of the Government."

Other Rules of Construction By grave abuse of discretion is meant such

« Ut Magis Valeat Quam Pereat, meaning that capricious and whimsical exercise of
the Constitution is to be interpreted as a judgment as is equivalent to lack of
whole. jurisdiction. The abuse of discretion must be
e Verba Legis, that is, wherever possible, the grave, as where the power is exercised in an
words used in the Constitution should be arbitrary or despotic manner by reason of
given their ordinary meaning except where passion or personal hostility and must be so
technical terms are employed; patent and gross as to amount to an evasion

e¢ Where there is ambiguity, Ratio Legis, of positive duty or to a virtual refusal to

meaning that the words of the Constitution perform the duty enjoined by or to act at all
should be interpreted in accordance with the in contemplation of law. (G.R. No. 174350
intent of its framers August 13, 2008 BALANGAUAN vs. CA)

Living Constitution. One that evolves, changes Judicial Review and Separation of Powers. The
over time, and adapts to new circumstances, courts will not intrude into areas committed to
without being formally amended. The claim that the other branches of government. Essentially,
the Constitution has a dynamic meaning or that the foregoing limitation is a restatement of the
political question doctrine (G.R. No. 208566,

Atty. Edgar B. Pascua ll 3

Constitutional Law Review - 2023
November 19, 2013 Belgica vs. Fxecutive
Secretary) Should there be no transgression, a declaration
of the act be made as “not unconstitutional” (Do
Constitutional Basis not declare such as “constitutional”, given the
presumption)
Review of state Actions: “The constitutionality
of a treaty, international or executive Condition for Judicial Review: An Actual Case or
agreement, or law... including those involving Controversy. “There must be a contrariety of
the constitutionality, application, or operation of legal rights that can be interpreted and enforced
presidential decrees, proclamations, orders, on the basis of existing law and jurisprudence.”
instructions, ordinances, and other regulations,” (2008, North Cotabato v. GRP. G.R. Nos. 183591)
(Article VIII Section 4 (2)
Requirements of an Actual case or Controversy:
Review of Court Decisions: The SC has the
power to. Review, revise, reverse, modify, or 1. Party with a personal and substantial
affirm on appeal or certiorari, as the law or the interest (STANDING)
Rules of Court may provide, final judgments and
orders of lower courts in: Non-Traditional Suitors. (David v. Macapagal-
a. All cases in which the constitutionality or Arroyo, May 3, 2006, 489 SCRA 161.)
validity of any treaty, international or
executive agreement, law, presidential a. For taxpayers, there must be a claim of
decree, proclamation, order, instruction, illegal disbursement of public funds or that
ordinance, or regulation is in question. the tax measure is unconstitutional;
b. All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty b. For voters, there must be a showing of
imposed in relation thereto. (Art VII, sec 5) obvious interest in the validity of the
election law in question;
The laws and state actions are presumed to be
Constitutional c. For concerned citizens, there must be a
1. It is disputably presumed that official duty showing that the issues raised are of
has been regularly performed (sec 3, Rule transcendental importance (including the
131) right to information);
2. In case of doubt in the interpretation or e “Transcendental Importance” and
application of laws, it is presumed that the “Paramount Public Interest” (G.R. No.
lawmaking body intended right and justice 113375, Kilosbayan vs. Guingonam,
to prevail. (Art 10, NCC) 1994)
3. Stringent process of the passage of law,
involving the executive and the legislative d. For legislators, there must be a claim that
branch. the official action complained of infringes
4. Sovereignty belongs to the people, and the their prerogatives as legislators.
Constitution is the written instrument
through which the people entrust to Others:
government e “Intergenerational Responsibility” (G.R.
101083, 1993 Oposa v. Factoran)
As to Ordinances. Ordinances are products of e Stewards / Intergenerational
"derivative legislative power" (City of Manila v. responsibility (Resident Marine Mammals
Hon. laguio, 495 Phil. 289, 308- 2005) in that V. Reyes, G.R. 180771, 2015)
legislative power is delegated by the national
legislature to local government units. They are 2. An APPROPRIATE CASE,
presumed constitutional and, until judicially
declared invalid, retain their binding effect.

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 4

 On appeal or certiorari, as the law or the ordinance, or regulation Is in question. Xxx
Rules of Court may provide (Article VIII)
e No political Questions ("those questions
which, under the Constitution, are to be Note: See G.R. 74457 March 20, 1987 YNOT vs
decided by the people in their sovereign IAC
capacity, or in regard to which full
discretionary authority has been Case: The Regional Director is plainly without the
delegated to the Legislature or executive authority to declare an order or law
branch of the Government) unconstitutional and his duty is merely to
e No advisory opinions (when there is no enforce the law which stands valid, unless
actual case and controversy that otherwise declared by this Tribunal to be
demands constitutional construction for unconstitutional (G.R. No. 74621 February 7,
its resolution) 1990 Brokenshire vs. Honorable Minister of
Labor)
3. A constitutional question raised at the
earliest possible time (RIPENESS). Not too Effect of a declaration of unconstitutionality.
early (Adisory Opinion) or too late (Moot) When the courts declare a law to be inconsistent
with the Constitution, the former shall be void
4. A constitutional question that is the very LIS and the latter shall govern. (Civil Code, Art. 7)
MOTA of the case, i.e. An unavoidable
question. The courts will not resolve the General Rule:. - Itis void if on its face, it does not
constitutionality of a law, if the controversy enjoy any presumption of validity. As such, it
can be settled on other grounds. This produces no effect whatsoever, creates no right
presumption is based on the doctrine of or office, it imposes no duty. Whatever penalty
separation of powers. (G.R. No. 128448, was paid during the period of its operation must
2001 MIRASOL vs. CA) be remitted. (G.R.. 102232 1994 Aldovino vs.
Alunan)
Functions of Judicial Review. (CLS)
e Checking - invalidating a law or an executive Alternative view (Exception). A law declared
act that is found to be contrary to the unconstitutional is only voidable if, on its face, it
Constitution. enjoys the presumption of validity. In this case, it
e Legitimating (legitimizing) - upholding the becomes inoperative only upon the judicial
validity of the law which results from a mere declaration of its invalidity. And even so, the
dismissal of a case challenging the validity of invalidation produces no retroactive effect, since
that law. it would be unjust to hold that the law did not
® Symbolic - to educate the bench and bar as produce any effect at all prior to its nullification
to the controlling principles and concepts on (Operative Fact Doctrine)
matters of great public importance
The doctrine of operative fact, as an exception to
All Courts can Exercise Judicial Review. (Bases) the general rule, only applies as a matter of
1. Judicial Power (Sec 1, Art VIII) equity and fair play. The doctrine is applicable
2. Section 5. The Supreme Court shall have the when a declaration of unconstitutionality will
following powers: xxx impose an undue burden on those who have
2. Review, revise, reverse, modify, or affirm relied on the invalid law.
on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments Exception to the Exception. The Operative Fact
and orders of lower courts in: Doctrine will not be applied as an exception
a. All cases in which the constitutionality or when to rule otherwise would be iniquitous and
validity of any treaty, international or would send a wrong signal that an act may be
executive agreement, law, presidential justified when based on an unconstitutional
decree, proclamation, order, instruction,
Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll S
provision of law. (Yap v. Thenamaris G.R. No. Sovereignty vs. Jurisdiction. Sovereignty is the
179532, 2011) possession of sovereign power, while
Jurisdiction is the conferment by law of power
and authority to apply the law. Jurisdiction is the
Part 2 manifestation of sovereignty.
THE STATE
Types of Jurisdiction. Territorial, Personal
State. A politically organized sovereign Jurisdiction, Extraterritorial
community independent of outside control,
bound by penalties of nationhood, legally State: First Element — Territory
supreme within its territory, acting through a
government functioning under a regime of law. National Territory “The national territory
(G.R. No. L-13250 1971 CIR vs. Campos Rueda comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all
Elements (TPGoS) other territories over which the Philippines has
e Territory is the fixed portion of the sovereignty or jurisdiction, consisting of its
surface of the earth inhabited by the terrestrial, fluvial and aerial domains, including
people of the State. its territorial sea, the seabed, the subsoil, the
e People refers simply to the inhabitants insular shelves, and other submarine areas. The
of the State. waters around, between, and connecting the
e Government is the agency or islands of the archipelago, regardless of their
instrumentality through which the will of breadth and dimensions, form part of the
the State is formulated, expressed and internal waters of the Philippines”. (Article 1)
realized.
e Sovereignty is the supreme and The Philippine Archipelago
uncontrollable power inherent in a State
by which that State is governed. Baseline. Is determined consist of straight lines
joining appropriate points of the outermost
Note: The existence of a Constitution is not a islands of the archipelago. (See RA 9522) Its
requirement for statehood. purposes are for the ff.
eo Determine what is internal water (all
Does a state need international recognition? waters inside the baseline)
e Constitutive Theory. Any state completes e Determine the 200 mile EEZ.
its formation through recognition by other e Archipelagic Doctrine
states.
e Declarative Theory. Rules out the necessity Archipelagic Doctrine. The basic concept of an
of international recognition as a condition archipelago is that body of water studded with
for statehood, and introducing unbiased islands, or the islands surrounded with water, is
standards codified as the Montevideo viewed as a unity of islands and waters together
Criteria. forming one unit. Adherence to this is needed for
Economic reasons, and National security.
“The political existence of the state is
independent of recognition by the other states” e Territorial sea — 12 nm form the baseline
The Montevideo Convention on the Rights and e Seabed — Bottom of the sea
Duties of States (1933-12-26) e Subsoil - Everything below the soil
e Insular shelves — Parts of the islands that
The Philippine State. The Philippines is a remain underwater It is also known as
democratic and republican State. Sovereignty intercontinental shelf, which may extend
resides in the people and all government beyond 12 miles as long as it is not more
authority emanates fram them. (Sec 1, Art Il) than 300 ft. deep

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 6

 eo Other submarine Areas Other areas Citizens. The following are citizens of the
| Philippines ((Sec 1, Art 1V))
under the territorial sea

Air space over the archipelagic waters. 1. Natural-born citizens

o Those who are citizens of the Philippines at
This sovereignty extends to the air space over the time of the adoption of this

the archipelagic waters, as well as to their bed Constitution;

and subsoil, and the resources contained oe Those whose fathers or mothers are citizens
therein. UNCLOS II (Article 49 [1]) of the Philippines;
e Those born before January 17, 1973, of
Other territories over which the Philippines has Filipino mothers, who elect Philippine
sovereignty or jurisdiction Citizenship upon reaching the age of
majority;
PD No. 1596 (1978) Kalayaan Islands as part of
Philippine territory on the basis of historic rights 2. Natural Born:
and legal title. ¢ Those who are naturalized in the
e¢ RA 5446 (1968) reserving the drawing of accordance with law.
baselines around Sabah in North Borneo.
e¢ Benham Rise The Philippines has sovereign General Rule. Decisions as to Citizenship are not
rights, but not sovereignty over Benham Res Judicata. “Every time the citizenship of a
Rise. (Within the 200nm EEZ as itis +- 130 nm person is material or indispensable in a judicial
from the baseline) or administrative case, whatever the
corresponding court or administrative authority
The Exclusive Economic Zone decides therein as to such citizenship is generally
As prescribed by the United Nations Convention not considered as res adjudicata, hence it has to
on the Law of the Sea, is an area of the sea in be threshed out again and again as the occasion
which a state has exclusive rights for the may demand.” (Moy Ya Lim vs. Commissioner of
exploration and use of marine resources, Immigration, 41 SCRA 292 (1971])
including energy production. Its concept is that
although it is not part of the territory, exclusive Exception:
economic benefit is reserved for the country. 1. Where the citizenship of a party in a case is
definitely resolved by a court or by an
Maritime Zones administrative agency, as a material issue in

Internal waters. Waters inside the the controversy,

e
baseline 2. After a full-blown hearing with the active
Territorial Sea. Within the 12 nautical participation of the Solicitor General or his
e
miles from the baseline authorized representative, and
3. This finding or the citizenship of the party is
» Contiguous Zone. 12 NM from the edge
sea, Not part of our affirmed by the Supreme Court. (Burca vs.
of Territorial
Republic, 51 SCRA 248, 1973)
territory but we have the jurisdiction to
enforce customs, fiscal, immigration,
Election of Citizenship under CA 625 (For those
and sanitation laws therein (UNCLOS)
from the born before January 17, 1973, of Filipino
e EEZ. 200 nautical miles
mothers, who elect Philippine Citizenship upon
baseline
reaching the age of majority, under Sec 3, Art IV)
e Shall be expressed in a statement to be
State: Second Element — People
signed and sworn to by the party concerned
"People" refers to before any officer authorized to administer
Under the Constitution,
Inhabitants, or Electors to Citizens
oaths, and
e Shall be filed with the nearest civil registry.

Atty. Edgar B. Pascua ll 7

Constitutional Law Review - 2023
 eo The said party shall accompany the requirements of law. (Republic v. Hong, (520 Phil
aforesaid statement with the oath of 276, 285, 2006)
allegiance to the Constitution and the
Government of the Philippines Denaturalization - Under CA. 473, Sec. 18, upon
motion made in the proper proceedings by the
Case: Registration is the confirmation of the Solicitor General or his representative, or by the
existence of a fact. In the instant case, proper provincial fiscal, the competent judge
registration is the confirmation of election as may cancel the naturalization certificate issued
such election. It is not the registration of the act and its registration in the Civil Registry
of election, although a valid requirement under
Commonwealth Act No. 625 that will confer Retention of Citizenship. Natural-born citizens
Philippine citizenship on the petitioners. It is only by reason of their naturalization as citizens of a
a means of confirming the fact that citizenship foreign country are hereby deemed to have re-
has been claimed. (G.R. No. 183133 July 26, 2010 acquired Philippine citizenship upon taking an
Ma vs. Fernandez) oath of allegiance to the Republic. (RA 9225)

Note: Those who elect Philippine citizenship in Civil and Political Rights and Liabilities. Those
accordance with paragraph (3), Section 1 hereof who retain or re-acquire Philippine citizenship
shall be deemed natural-born citizens. (Art IV) under RA 9225 shall enjoy full civil and political
rights and be subject to all attendant liabilities
| What offices under the Constitution require the and responsibilities under existing laws of the
official to be “Natural Born"? Philippines and the following conditions:
e President and Vice President 1. Those intending to exercise their right of
e Justices of the Supreme Court suffrage must meet the requirements of RA.
e¢ Ombudsman and His Deputies\ 9189, (The Overseas Absentee Voting Act of
e Members of Congress | 2003) and other existing laws;
e Members of the Constitutional Commissions | 2. Those seeking elective public office in the
| * Central Monetary Authority Members
Philippines shall meet the qualification for
|. Commission on Human Rights Members |
holding such public office as required by the
Constitution and existing laws and, at the
As a matter of law, foundlings are as a class, time of the filing of the certificate of
natural-born citizens. While the 1935 candidacy, make a personal and sworn
Constitution's enumeration is silent as to renunciation of any and all foreign
foundlings, there is no restrictive language which citizenship before any public officer
would definitely exclude foundlings either. (GR authorized to administer an oath
221697 2016 Poe-Llamanzares v Comelec)
Case: Petitioner's oath of allegiance to the
Naturalization Laws Republic of the Philippines made before the Los
e Administrative Naturalization under Angeles PCG and his Certificate of Candidacy do
Republic Act No. 9139 (the "Administrative not substantially comply with the requirement of
Naturalization Law of 2000"). a personal and sworn renunciation of foreign
e Judicial Naturalization under CA 473 citizenship because these are distinct
e Derivative Naturalization, which is available requirements to be complied with for different
to alien women married to Filipino purposes. (G.R. No. 179848, 2008 Jacot vs.. Dal)
husbands is found under Section 15 of CA
473 Case: Once Philippine citizenship is renounced
because of naturalization in a foreign country,
Burden of proof. Naturalization laws are strictly we cannot consider one a Filipino citizen unless
construed in the government's favor and against and until his or her allegiance to the Republic of
the applicant. (Republic v. Hong, 520 Phil. 276, the Philippines is reaffirmed. Simply stated, right
285, 2006); The applicant carries the burden of after a Filipino renounces allegiance to our
proving his full compliance with the
Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 8
country, he or she is to be considered a
foreigner. (2017, G.R. 193993, Tan vs. Crisologo) State: Third Element — Sovereignty

Loss of citizenship Sovereignty is the supreme and uncontrollable

a. By naturalization in a foreign country; power inherent in a State by which it is governed.
b. By express renunciation of citizenship or
expatriation; Case: It is to be admitted that any state may, by
¢. By subscribing to an oath of allegiance to its consent, express or implied, submit to a
support the Constitution or laws of a foreign restriction of its sovereign rights. There may thus
country upon reaching the age of majority; be a curtailment of what otherwise is a power
d. By rendering service to or accepting plenary in character. A state then, if it chooses
commission in the armed forces of a foreign to, may refrain from the exercise of what
country. otherwise is illimitable competence. (G.R. L-
e. By cancellation of the certificate of 26379, 1969 Reagan vs. Commissioner)
naturalization;
Imperium and Dominium
Loss of Citizenship during wartime A Filipino e Imperium refers to the State's authority to
may not divest himself of Philippine citizenship govern. When the State act in this capacity
in any manner while the Philippines is at war jure imperii, it generally enjoys sovereign
with any country. (G.R. No. L-322 July 28, 1947 immunity. This governmental function
People vs. Manayao) includes services that only the government
does,
Loss of citizenship due to marriage. Citizens of e Dominium refers to the capacity of the State
the Philippines who marry aliens shall retain to own property. In this capacity jure
their citizenship, unless by their act or omission gestium, the State descends to the status of
they are deemed, under the law to have ordinary persons and thus becomes liable as
renounced it. (Art IV, Sec. 4) such.

Re-acquiring Philippine Citizenship Sovereign Immunity.

1. Naturalization (CA 63, now CA 473)
2. Legislative Act The constitutional doctrine of Non-suability of
3. Repatriation the State, otherwise known as the Royal
Prerogative of Dishonesty (G.R. 186192, 2010
Repatriation. Under RA 8171, Filipino women Heirs of Pidacan vs. ATO) because it grants the
who have lost their Philippine citizenship by state the prerogative to defeat any legitimate
marriage to aliens and natural-born Filipinos claim against it by simply invoking its non-
who have lost their Philippine citizenship, suability. (G.R. 182358, 2013 DOH vs. Phil
including their minor children, on account of Pharma Wealth)
political or economic necessity, may reacquire
Philippine citizenship through repatriation upon Bases
taking the required Oath of Allegiance. e Constitutional Basis
The State may not be sued without its
Dual Citizenship. Is inimical to the national consent. (Sec 3, Art XVI)
interest and shall be dealt with by law. (Sec 5, Art e Civil Law Basis
XVI) “Damnum Absque Injuria”
e Theoretical Bases
Case: The phrase "dual citizenship” must be - Positivist theory: There can be no legal
understood as referring to "dual allegiance." right as against the authority that makes
Consequently, persons with mere dual the law on which the right depends.
citizenship do not fall under this disqualification. - Sociological Theory: Public policy dictates
(G.R. No. 135083, 1999 Mercado vs. Manzano) that public service would be hindered, and

Constitutional Law Review - 2023 Atty. Edgar B. Pascua || 9

 the public endangered, if the sovereign is invested with an inherent power of
authority could be subjected to law suits at sovereignty.
the instance of every citizen and,
consequently, controlled in the uses and
Supporting theories.
dispositions of the means required for the
» Classical or Absolute Theory: A sovereign
proper administration of the government.
cannot, without its consent, be made 3
respondent in the courts.
International Law and Sovereign Immunity. In
* Restrictive Theory: The immunity of the
international law, "immunity" is commonly
sovereign is recognized only with regard to
understood as an exemption of the state and its
public acts or acts jure imperii of a state but
organs from the judicial jurisdiction of another
not with regard to private acts or acts jure
state. This is anchored on the principle of the
gestionis.
sovereign equality of states under which one
state cannot assert jurisdiction over another in
Case: The fact that a non-corporate government
violation of the maxim par in parem non habet
entity performs a function proprietary in nature
imperium (an equal has no power over an equal)
does not necessarily result in its being suable. If
G.R. 108813 1994 JUSMAG v. NLRC)
said non-governmental function is undertaken as
an incident to its governmental function, there is
A suit vs the State, when?
no waiver thereby of the sovereign immunity
General Rule: Regardless of who is named as the
from suit extended to such government entity.
defendant, when it produces adverse
(G.R. 155504 2009 Professional Video vs. TESDA)
consequences to the public treasury in terms of
disbursement of public funds and loss of
Case: The rule is that the suit must be regarded
government property
as one against the state where satisfaction of the
Specifically: The proscribed suit that the state
judgment against the public official concerned
immunity principle covers takes on various
will require the state itself to perform a positive
forms, namely:
act, such as appropriation of the amount
® 3 suit against the Republic by name;
necessary to pay the damages awarded to the
e a suit against an unincorporated
plaintiff. (G.R. No. 102667, 2000 Lansang, vs. CA)
government agency; (No personality of its
own)
Case: A suit against a public officer for his official
® 3 suit against a government agency covered
acts is, in effect, a suit against the State if its
by a charter with respect to the agency's
purpose is to hold the State ultimately liable.
performance of governmental functions; However, the protection afforded to public
(Incorporated but performing governmental
officers by this doctrine generally applies only to
functions); and
activities within the scope of their authority in
e asuit thatonits face is against a government good faith and without willfulness, malice or
officer, but where the ultimate liability will corruption. (G.R. 115634, 2000 Calub vs. CA)
fall on the government. (G.R. 155504, 2009
Professional Video, vs. TESDA) Consent to Be Sued: How Given
1. Express Consent: Via a statute
“With original charter" means that 2. Implied Consent:
government-owned and controlled e When the government enters into
corporations refer to corporations chartered (business) contracts
| by special law as distinguished from ¢ When it would be inequitable for the
corporations organized under the Corporation state to invoke its immunity
Code. (G.R. 98107, 1997 Juco, vs. NLRC) e If the government files a complaint,
defendant may file a counterclaim
An unincorporated government agency against it
without any separate juridical personality of
its own enjoys immunity from suit because it

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 10

Scope of consent. Generally: When a money
judgment is given against the government, Local Government refers to the political
consent of the government to be sued is only up subdivisions established by or in accordance with
to the point of judgment. Disbursements of the Constitution.
public funds must be covered by the
corresponding appropriation as required by law
Part 3
However, When consent to be sued is provided THE CONSTITUTION OF GOVERNMENT
by the charter, the consent does not stop with
the rendition, but goes up to the satisfaction of The Legislative Department
the judgment.
The legislative power shall be vested in the
State: Fourth Element — Government Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except
Government. That institution or aggregate of to the extent reserved to the people by the
institutions by which an independent society provision on initiative and referendum.
makes and carries out those rules of action which
are necessary to enable men to live in a social Composition, Qualification, Terms of Office
state, or which are imposed upon the people
forming that society by those who possess the SENATE | HOUSE OF REPRESENTATIVES |
. ~e hi N I
power or authority
A
of prescribing
f
them.
horiti
Citizenship
Education i
ls Llu)
_Able to read and write B |
Government is the aggregate of authorities Composition | 24 Senators | Not more than 250 Members (*unless
which rule a society. (Bacani v. NACOCO, 100 otherwise fixed by law) elected from:
Phil. 468 1956) Legislative districts (80% of the seats
. ’
shall be allotted to district
} N . | representatives.) |
Classifications Term 6 years. To | 3 years. To commence (unless |
. ore |
. itim commence
| otherwise provided by law) at noon of
1 Astoits Legit acy A 3 unless | June 30 next following the election.
e De Facto. While without any legal title, otherwise |
one which actually exercises power or | provided by |
| law, at noon
control. on June 30
e De Jure. Agovernment which is placed next following
in power following the legal processes the election SE 1
A he Functi Age (on the 35 25 PARTY LIST REPS |
2. Asto the Func ions } day of 25 (25upto 30 for |
e Constituent (jure imperii) election) | youthrep)
e Ministrant (jure gestionis) Affiliation A bona fide member |
of the party or
organization which
Government of the Republic of the Philippines he seeks to
refers to the corporate governmental entity represent for at
x i least ninety (90)
through which the functions of government are days preceding the
exercised throughout the Philippines, including, I of the election
day
Voter Inthe In the district In the Philippines
save as the contrary appears from the context, registration | Philippines
the various arms through which political Residence 2yearsinthe | 1yearin the 1year in the Phil.
authority is made effective in the Philippines, Philippines district
whether pertaining to the autonomous regions, Term No Senator | No Member of | Any youth sectoral
the provincial, city, municipal or barangay restriction | shall serve for | the House of | representative who
subdivisions or other forms of local government. more than | Representatives | attains the age of
two shall serve for | thirty (30) during his
consecutive more than term shall be
National Government refers to the entire terms. three allowed to continue
machinery of the central government, as consecutive | in office until the
Co. ] R terms. expiration of his
distinguished from the different forms of local term
governments.

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 11

 » [ach legislative district must comprise as far
Election into Office. Some Concepts. as practicable, contiguous, compact, and
“Residence,” as used in the law prescribing the adjacent territory,
qualifications for suffrage and for elective office, » Fach city with a population of at least
is doctrinally settled to mean "domicile," 250,000 must have at least one
importing not only an intention to reside in a representative.
fixed place but also personal presence in that e Each province, regardless of population
place, coupled with conduct indicative of such must have at least one representative.
intention from
inferable a person's acts,
activities, and utterances. (G.R. 134015 DOMINO Case: Congress is a national legislature and any
vs. COMELEC) increase in its allowable membership or in its
incumbent membership through the creation of
The word "term" in a legal sense means a fixed legislative districts must be embodied in a
and definite period of time which the law national law. Only Congress can enact such a law.
describes that an officer may hold an office. It would be anomalous for regional or local
Thus, while a temporary incapacity in the legislative bodies to create or reapportion
exercise of power results, no position is vacated legislative districts for a national legislature like
when a public official is preventively suspended. Congress. (Sema v. Comelec, G.R. 177597, 2008)
(G.R. 184836, 2009 Aldovino vs. Comelec)
Case: For while a province is entitled to at least a
Elective vs Appointive Officials (G.R. 189698, representative, with nothing mentioned about
2010 Quinto vs. Comelec) population, a city must first meet a population
minimum of 250,000 in order to be similarly
| Elective Officials | Appointed Officials entitled. (G.R. 189793, 2010 Aquino & Robredo
| Occupy their office by Hold office by virtue of vs. Comelec)
| virtue of the mandate their designation thereto
[ of the electorate | by an appointing authority Gerrymandering is a term employed to describe
Elected to an office for Some appointive officials an apportionment of representative districts so
a definite term. May be | hold their office in a
contrived as to give an unfair advantage to the
removed therefrom | permanent capacity and
party in power. It is the formation of one
only upon stringent are entitled to security of
legislative district out of separate territories for
| conditions tenure while others serve
| at the pleasure of the the purpose of favoring a candidate or a party
| appointing authority (Bernas). The Constitution proscribes
| expressly allowed to | Are strictly prohibited gerrymandering, as it mandates each legislative
take part in political from engaging in any district to comprise, as far as practicable, a
and electoral activities partisan political activity or contiguous, compact and adjacent territory.
| take part in any election (G.R. 180050, 2010, Navarro vs. Ermita)
| except to vote.

The Party List System.

Legislative Districts (Sec 5. Art VI) A social justice tool designed not only to give
¢ The districts are to be apportioned among more law to the great masses of our people who
the provinces, cities, and Metro Manila. have less in life, but also to enable them to
e The apportionment must be based on the become veritable lawmakers themselves,
number of inhabitants, using a uniform and empowered to participate directly in the
progressive ratio. Within 3 years following enactment of laws designed to benefit them.
the return of every census, Congress shall
make a reapportionment of legislative RA. 7941 (Party-List System Act)
districts (to make it representative and more e 20% of the Member of House of
responsive to the people). representative must be Party List
e Organized group of persons from under
represented Sectors (labor, peasant,
Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 12
 fisherfolk, urban poor, indigenous cultural underrepresented” sector. It is sufficient that the
communities, elderly, handicapped, women, political party consists of citizens who advocate
youth, veterans, overseas workers, and the same ideology or platform, or the same
professionals.) governance principles and policies, regardless of
¢ How to get a seat? One seat per 2% of the their economic status as citizens. (Atong Pag
total votes for the Party List. (Maximum, of 3 laum vs Comelec GR. 203766, 2013)
seats)
Each group that gets 2% of the total Synchronized terms of Office of Senators. Of the
party-list votes will get a seat each — Senators elected in the elections in 1992, the
their No. 1 nominee will become first twelve obtaining the highest number of
congressman. After all the “2- votes | served for six years and the remaining
percenters” get a seat each, what twelve for three years. On the election of 1995,
remains of the seats (20% of the total those who enjoyed the full 6 year term had still
seats in Congress) will be distributed J years in office. Those who had only the original
among those that got more than 2%, 3 year terms were replaced with a new set of
paving the way for a group's nominees senators who served for the full 6 years. Hence,
No. 2 and No. 3 to become congressmen. thereafter, at no given time did the Senate have
e Failure to get 2% for 2 consecutive elections a new set of senators due to the subsequent
means you may be removed from list of overlapping terms.
registered party list
Case: The Senate must be viewed as a collective
Grounds for refusal / cancellation of body. It is an institution quite apart from the
registration of a Party List Senators composing it. The Senate as an
e |t is a religious sect or denomination, institution cannot be equated to its present
organization or association, organized for occupants. It is indivisible. It is not the sum total
religious purposes; of all sitting Senators at any given time. Senators
e It advocates violence or unlawful means to come and go but the very institution of the
seek its goal; Senate remains. It is this indivisible institution
e tis a foreign party or organization; which should be viewed as continuing. Opinion —
e It is receiving support from any foreign (G.R. No. 180643 2008 Neri v. Senate Committee
government, foreign political party, on Accountability)
foundation, organization, whether directly
or through any of its officers or members or Election
indirectly through third parties for partisan e Regular election. “Unless otherwise
election purposes; provided by law, the regular election of the
e It violates or fails to comply with laws, rules Senators and the Members of the House of
or regulations relating to elections; Representatives shall be held on the second
e It declares untruthful statements in its Monday of May.” (Sec 8, Art VI)
petition; e Special Election. In case of vacancy in the
® It has ceased to exist for at least one (1) year; Senate or in the House of Representatives, a
or special election may be called to fill such
e It fails to participate in the last two (2) vacancy in the manner prescribed by law,
preceding elections or fails to obtain at least but the Senator or Member of the House of
twa per centum (2%) of the votes cast under Representatives thus elected shall serve only
the party-list system in the two (2) preceding for the unexpired term. (Sec 9, Art VI)
elections for the constituency in which it has 0 In case a vacancy arises in the Senate at
registered. (RA. 7941) least eighteen (18) months or in the
House of Representatives at least (1)
Case: There is no requirement in R.A. No. 7941 year before the next regular election for
that a national or regional political party must Members of Congress, the Comelec shall
represent a "marginalized and
Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 13
 hold a special election to fill such Parllamentary immunity is not absolute.
vacancy (RA 6645) Legislators may be called to account for his
remarks by his own colleagues in Congress itself,
Salaries, Privileges, Disqualifications, Duties and when warranted, punished for disorderly
behavior. They are only protected only for “any
Salaries. As determined by law, with no increase speech or debate in the Congress or in any
in said compensation taking effect until after the committee thereof.
expiration of the full term of all the Members of
the Senate and the House of Representatives Case: The publication involved in this case does
approving such increase. (Sec 10, Art VI) Such is not belong to this category. In causing the
"a legal bar to the legislators yielding to the communication to be so published, he was not
natural temptation to increase their salaries. performing his official duty, either as a member
of Congress or as officer or any Committee
Case: "all the members of the Senate and of the thereof. (G.R. L-15905 1966 Jimenez vs.
House of Representatives" in the same sentence, Cabangbang
as a single unit, without distinction or separation
between them. This unitary treatment is Incompatible Offices and Farbidden Offices (Sec
emphasized by the fact that the provision speaks 13, Art VI)
of the "expiration of the full term" of the
Senators and Representatives that approved the e Incompatible Offices. “No Senator or
measure, using the singular form, (G.R. L-25554 Member of the House of Representatives
1966 PHILCONSA. vs Mathay) may hold any other office or employment in
the Government, or any subdivision, agency,
Freedom from Arrest. A Senator or Member of or instrumentality thereof, including
the House of Representatives shall, in all government-owned or controlled
offenses punishable by not more than six years corporations or their subsidiaries, during his
imprisonment, be privileged from arrest while term without forfeiting his seat” (A member
the Congress is in session...(Sec 11, Art VI) cannot accept unless he waives or forfeits his
seat in Congress.)
e To ensure that they are not prevented from
performing their legislative duties. (Ichong v. e Forbidden Offices. “Neither shall he be
Hernandez, 101 Phil. 1155) appointed to any office which may have
been created or the emoluments thereof
Parliamentary Immunity (Speech and Debate increased during the term for which he was
Clause) No Member shall be questioned nor be elected.” (during the term, the legislator
held liable in any other place for any speech or cannot be appointed even if he is willing to
debate in the Congress or in any committee give up his seat)
thereof. (Sec 11, Art VI)
Non-Intervention (Sec 14, Art VI). No Senator or
e Toenable and encourage a representative of Member of the House of Representatives; may
the public to discharge his public trust with personally appear as counsel in any court or
firmness and success" for "it is indispensably tribunal; be interested financially in any contract
necessary that he should enjoy the fullest with, or in any franchise or special privilege
liberty of speech and that he should be granted by the Government; intervene in any
protected from resentment of every one, matter before any office of the Government for
however, powerful, to whom the exercise of his pecuniary benefit
that liberty may occasion offense.
Duty to Disclose.
Note: Do not confuse parliamentary immunity » Declaration Under Oath of Assets, Liabilities,
from immunity from arrests) and Net Worth

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 14

 * Apotential conflict of interest that may arise Discipline of Members. Fach House may punish
from the filing of a proposed legislation of its Members for disorderly behavior with;
which they are authors. e Censure;
e Or Upon A 2/3 Vote Of All The Members
Records and Books of Accounts The records and Of The House, Suspension, Not
books of accounts of the Congress Exceeding 60 Days, Or
e Shall be preserved and be open to the e Expulsion. (2/3 Vote)
public
e Shall be audited by the COA. (Sec 20 Art The Journal and Congressional Records. The
Vi) Enrolled Bill

Internal Government of Congress The Congressional record. The word-for-word

transcript of the proceedings. The Constitution is
Election of Officers. The Senate shall elect its silent as to what the record must contain.
President and the House of Representatives, its
Speaker, by a majority vote of all its respective However, sec 3, Art XI requires that a “vote of at
Members. Each House shall choose such other least one-third of all the Members of the House
officers as it may deem necessary. (Sec 16, Art VI) shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment of
Note: The Senate and the House of the Committee, or override its contrary
Representatives shall have been “ORGANIZED” resolution. The vote of each Member shall be
with the election of the President and the “recorded”:
Speaker
The journal is only a resume of minutes of what
Quorum. transpired during a legislative session. The duty
® The quorum required to conduct business — to keep a journal has two purposes (Bernas);
majority (50% + 1) of all the members. » To ensure publicity to the proceedings,
» "Shifting majority" - only the votes of the and correspondent responsibility of the
majority of those present in the session, members to their constituents
there being a quorum, are required to pass a ® To provide proof of what actually
law. transpired in the legislature
e A smaller number may adjourn from day to
day Probative Value of the Journal. Such journals
e and may compel the attendance of absent or may be noticed by the courts in determining the
recalcitrant members question whether a particular bill became a law
or not. (US V Pons, 34 Phil. 729 G.R. L-11530,
Rules of Proceedings. Each House may 1916)
determine the rules of its proceedings
Matters required to be entered in the Journal
Case: The organic law instructs, without more, e The yeas and nays on third and final reading
that the Senate or its committees may conduct of a bill [Art. VI, Sec. 26(2));
inquiries in aid of legislation only in accordance e Veto message of the President (i.e., his
with duly published rules of procedure, and does objection to a bill when he vetoes it) [Art. VI,
not make any distinction whether or not these Sec. 27(1)];
rules have undergone amendments or revision. ¢ The yeas and nays on the repassing of a bill
The constitutional mandate to publish the said vetoed by the President (Art. VI, Sec. 27(1)];
rules prevails over any custom, practice or ® The yeas and nays on any question at the
tradition followed by the Senate. (G.R. 170338, request of 1/5 of the members present (Art.
2008 Garcillano vs. The House of Representatives VI, Sec. 16(4)]
Committees)

Constitutional Law Review - 2023 Atty. Edgar B. PascuaIl 15

 In addition, the journal contains the B. Joint and Separate
summary of the proceedings.
1. Separate
The Enrolled Bill. The signing by the Speaker of a. House of Representatives
the House of Representatives, and, by the * Pass articles of impeachment
President of the Senate, in open session, of an * Election of the Speaker
Enrolled Bill, is an official attestation by the two b. Senate
houses of such bill as one that has passed * Election of the Senate President
congress. (G.R. L-23475 1974 Astorga vs » Conviction of impeacheable officials
Villegas) * Concurrence on a treaty
c. Both
Journal Entry vs. Enrolled Bill As to matters * Passage of laws
required by the Constitution to be placed in the * Request of recording of yeas and nays
journal, the journal is conclusive. But aside from on any question
these four matters, any other matter does not + Suspend or expel a member
enjoy such conclusiveness. (Astorga vs Villegas) + Override a presidential veto

Congressional Sessions 2. Joint (- Voting Separately (General Rule)

A. Regular and Special a) When Congress, while acting as the

canvasser of votes for the President and
1. Regular Once every year on the fourth Vice President, has to break the tie between
Monday of July, unless a different date is fixed by two or more candidates for either position
law. having an equal and the highest number of
2. Special. votes (Art. VII, Sec. 4, par. 5).
e General Rule: When Congress is not in b) When it decides (by 2/3 vote) on the
session, it can only meet in special session question of the President's inability to
called by the President. discharge the powers and duties of his
e Exceptions: Congress convenes without need office (Art. VII, Sec. 11, par. 4).
of a call; c) Whenever there is a vacancy in the Office of
a. Tocalla special election due to a vacancy the VP, when it confirms the nomination of
in the offices of President and Vice- a VP by the President from among the
President (Art. VII, Sec. 10) in which members of Congress; such person shall
Congress shall convene at 10 a.m. of the assume office upon confirmation by a
third day after the vacancy, without majority vote of all the members of both
need of a call. Houses, voting separately (Art. VII, Sec. 9).
b. To decide on the disability of the d) When it declares (by 2/3 vote) the existence
President because the Cabinet (majority) of a state of war [Art. VI, Sec, 23(1)].
has "disputed" his assertion that he is e) When it proposes to amend the
able to dispose his duties and powers. Constitution (3/4 vote of the members) [Art.
Congress shall convene, if it is not in XVII, Sec. 1(1)].
session, within 48 hours, without need
of call. 3. Joint (- Voting Jointly
c. To revoke or extend the Presidential
Proclamation of Martial Law or To revoke (or extend, on the initiative of the
suspension of the writ of habeas corpus President) the proclamation of Martial Law or
(Art. VII, Sec. 18). Congress, if not in suspension of the Privilege of the Writ of Habeas
session, shall, within 24 hours following Corpus.
such proclamation or suspension,
convene, without need of a call. Case: The requirement that "[tlhe Congress,
voting jointly, by a vote of at least a majority of

Constitutional Law Review - 2023 Atty. tdgar B. Pascua ll 16

all its Members in regular or special session, x x Case: The Court has invariably held that once a
x" explicitly applies only to the situation when winning candidate has been proclaimed, taken
the Congress revokes the President's his oath, and assumed office as a Member of the
proclamation of martial law and/or suspension House of Representatives, the COMELEC’s
of the privilege of the writ of habeas corpus. jurisdiction over election contests relating to his
Simply put, the provision only requires Congress election, returns, and qualifications ends, and
to vote jointly on the revocation of the the HRET's own jurisdiction begins. Stated in
President's proclamation and/or suspension. another manner, where the candidate has
(G.R. No. 231671 Padilla vs. Congress, 2017) already been proclaimed winner in the
congressional elections, the remedy of the
In joint voting, note that there are more petitioner is to file an electoral protest with the
members of the House of Representatives than HRET. (G.R. 172131, 2007 Vinzons-Chato vs.
Senators voting. Hence, former can easily Comelec)
outvote the latter. This is known as the
“drowning senators in a sea of House votes.” — Nature:
(Bernas) e The Electoral Commissions are
Constitutional creations
Electoral Tribunals e Functions are mandated by the Constitution.
e Separate from and independent of the
Composition. The Senate and the House of legislature
Representatives shall each have an Electoral
Tribunal. Each shall be composed of 9 Members; Case: The members-legislators, thereof, upon
+ 3 Justices of the SC to be designated by the assumption of their duties therein, sit in the
CJ, The senior Justice in the Electoral Tribunal no longer as representatives of their
Tribunal shall be its Chairman respective political parties but as impartial
* 6 Members of the Senate or the House of judges. The view was also submitted that, to
Representatives, as the case may be, Chosen further bolster the independence of the
on the basis of proportional representation Tribunals, the term of office of every member
thereof should be considered co-extensive with
To be constituted within thirty days after the the corresponding legislative term and may not
Senate and the House of Representatives shall be legally terminated except only by death,
have been organized. resignation, permanent disability, or removal for
valid cause, not including political disloyalty.
The legislative and judicial component cannot be (Request of Justices Herrera, Cruz and Feliciano
dispensed with. The tribunals cannot legally to be Relieved as Members of the HRET, 1991
function as such, absent its entire membership.
(G.R. 83767, 1988 Abbas vs. SET, and Request of Judicial Review and Electoral Tribunals: In the
Justices Herrera, Cruz and Feliciano to be absence of a showing that the HRET has
Relieved as Members of the HRET, 1991) committed grave abuse of discretion amounting
to lack of jurisdiction, there is no occasion for the
Case: Party-list representatives must first show Court to exercise its corrective power; it will not
to the House that they possess the required decide a matter which by its nature is for the
numerical strength to be entitled to seats in the HRET alone to decide. (Co v. Electoral Tribunal
HRET and the CA. (G.R. 141489, 2002. Pimentel, (199 SCRA 692, 1991)
Jr., vs. HRET)
Commission on Appointments
Function. Be the sole judge of all contests
relating to the election, returns, and Composition
qualifications of their respective Members ® President of the Senate, as ex officio
Chairman

Constitutional Law Review - 2023 Atty. Edgar 8. Pascua I 17

e 12 Senators, & 12 Members of the House of day period amounts to a disapproval of
Representatives, elected by each House on the nomination
the basis of proportional representation e Recess (Ad-Interim) Occurs when
from the political parties and parties or Congress is not in session. The ad-
organizations registered under the party-list interim appointment made by the
system President is complete in itself, and thus
temporarily effective at once, even
Note: The allocation of political parties in the without confirmation. When Congress
two Houses must thus be reflected convenes, the Commission would have
proportionately in the Commission. As to act on the appointment
membership in the Commission, which performs
the fundamentally political function of Powers of Congress
appointment, is based on party affiliation, a
defection from one party to another changes the Legislative Power (or the power to propose,
proportion in the respective houses is a valid enact, amend and repeal laws) is vested in
ground for the reorganization (unlike an Congress which consists of two chambers, the
Electoral Tribunal). Senate and the House of Representatives. A valid
exercise of legislative power requires the act of
Case: A shifting of votes at a given time, even if BOTH chambers. Corrollarily, it can be exercised
due to arrangements of a more or less temporary neither solely by one of the two chambers nor by
nature, like the one that has led to the formation a committee of either or both chambers.
of the so-called "Allied Majority," does not (ABAKADA vs. Purisima G.R. 166715, 2008)
suffice to authorize a reorganization of the
membership of the Commission. (G.R. L-19721, It is a recognized principle in constitutional law
1962 Cunanan, vs. Tan) that the legislative body possesses Plenary
Power for all purposes of civil government (G.R.
Functions. Confirm or approve nominations L-52265, 1980 OCCENA vs. COMELEC) Such
made by the President of certain public officers power embraces all subjects and extends to
named by the Constitution or by law: matters of general concern or common interest.
e Heads of the executive departments
e Ambassadors, other public ministers, and Case: The prohibition against the passage of
consuls irrepealable laws. Irrepealable laws deprive
o Officers of the Armed Forces from the rank succeeding legislatures of the fundamental best
of colonel or naval captain senses carte blanche in crafting laws appropriate
oe Other officers whose appointments are to the operative milieu. (G.R. 127383, 2005,
vested in him in this Constitution (Chairman Davao, vs. RTC Xii)
and members of three Constitutional
Commissions, regular members of the Limits to Plenary Legislative Powers
Judicial and Bar Council, members of the
Regional Consultative council -Art. VII, Sec. | -Substantive Limits
16)
A. Express Limits
Types of Appointments 1. Restrictions under Art. lll (Bill of Rights). "No
law shall be passed...".
e Regular - When the President appoints 2. Limits of Appropriation Laws: Examples;
an officer whose appointment requires e Congress may not increase the
confirmation by the Commission, while appropriations recommended by the
Congress is in session. The Commission President
shall act on the appointment submitted e No law shall be passed authorizing any
to it within thirty session days from their transfer of appropriations
submission. Failure to act within the 30

Constitutional Law Review - 2023 Atty. Edgar B. Pascua (I 18

 e A special appropriations bill shall specify e Taxing Powers. “The Congress may, by
the purpose for which it is intended, and law, authorize the President to fix within
shall be supported by funds actually specified limits, and subject to such
available limitations and restrictions as it may
3. Requirements as to Tox laws: impose duties and imposts within the
e The rule of taxation shall be uniform and framework of the national development
equitable. The Congress shall evolve a program of the Government.
progressive system of taxation.
e¢ The power to tax must be exercised for a b. Delegation to the people: Initiative and
public purpose referendum on laws
e The due process and equal protection
clauses of the Constitution should be c. Delegation to Local Governments: The
observed power to create its own sources of revenues
4. Jurisdiction of the Supreme Court: No law and to levy taxes, fees and charges subject to
shall be passed increasing the appellate such guidelines and limitations as the
jurisdiction of the Supreme Court as provided Congress may provide.
in this Constitution without its advice and
concurrence. (Art VI) d. Quasi-Judicial Bodies: "Subordinate
5. Title to Royalty: “No law granting a title of legislation"
royalty or nobility shall be enacted. (Art VI)
2. Prohibition against the passage of irrepealable
B. Implied Limits laws

1. Prohibition against delegation of legislative Il - Procedural Limits

powers.
No bill passed by either House shall become a
® General rule. hat has been delegated cannot law unless it has passed three readings on
be delegated, or as expressed in the Latin separate days, and printed copies thereof in its
maxim: potestas delegate non delegare final form have been distributed to its Members
potest) three days before its passage, except when the
President certifies to the necessity of its
e Exception. Valid delegations, which are s immediate enactment to meet a public calamity
complete in themselves, setting forth or emergency.
therein the policy to be executed, carried
out, or implemented by the delegate; and Every bill passed by the Congress shall, before it
fixes a standard —the limits of which are becomes a law, be presented to the President. If
sufficiently determinate and determinable— he approves the same he shall sign it; otherwise,
to which the delegate must conform in the he shall veto it and return the same with his
performance of his functions. objections to the House where it originated,
which shall enter the objections at large in its
Specific Exceptions Journal and proceed to reconsider it (sec 26, Art
VI)
a. Delegation to the President
Law Making Process.
e Emergency Powers. “In times of war or
other national emergency, the Congress Step 1. A bill is introduced by any member of the
may, by law, authorize the President, for House of Representatives or the Senate except
a limited period and subject to such for some measures that must originate only in
restrictions as it may prescribe, to the former chamber.
exercise powers necessary and proper to
carry out a declared national policy.”
Constitutional Law Review - 2023 Atty. Edgar 8. Pascua ll 19
 Note: The following must originate exclusively printing/distribution three days
in the House of Representatives, but the before the passage of the bill.
Senate may propose or concur with
amendments Step 3. Once the bill passes third reading, it is
e appropriation, sent to the other chamber, where it will also
e revenue or tariff bills, undergo the three readings
e bills authorizing increase of the public
debt, o |Ifthere are differences between the versions
e bills of local application, and approved by the two chambers, a
e private bills (Sec 24, Art VI) conference committee representing both
Houses will draft a compromise measure
that if ratified by the Senate and the House
Step 2. Three readings
of Representatives will then be submitted to
the President for his consideration.
e The First Reading involves anly a reading of
the number and title of the measure and its
Step 4. The bill is enrolled when printed as finally
referral by the Senate President or the
approved by the Congress, thereafter
Speaker to the proper committee for study.
authenticated with the signatures of the Senate
President, the Speaker, and the Secretaries of
o The bill may be "killed" in the committee
their respective chambers
or it may be recommended for approval,
with or without amendments. If there
Step 5. Enrolled Bill is sent to the President.
are other bills of the same nature or
Possibilities;
purpose, they may all be consolidated
into one bill under common authorship
e If approved, it takes effect as law after the
or as a committee bill.
required publication.
o After approval, it goes to the Second Reading e It may lapse into law. The President must act
where the bill is read in its entirety, on the bill within thirty days after the date of
scrutinized, debated upon and amended receipt thereof, otherwise, it shall become a
when desired. law as if he had signed it.
e Veto. The President will then return the
o The bill as approved is printed in its final same with his objections to the House where
form and copies thereof are distributed it originated
at least three days before the third
reading Override of the Veto. Subsequent to the return of
the Bill to the House of origin, Reconsideration
e On the Third Reading, the members merely may be made. After such reconsideration, two-
register their votes and explain them if they thirds of all the Members of such House shall
are allowed by the rules. No further debate agree to pass the bill, it shall be sent, together
is allowed. with the objections, to the other House by which
it shall likewise be reconsidered, and if approved
At this stage, the President may certify by two-thirds of all the Members of that House,
that the immediate enactment of the it shall become a law
proposed law is necessary to meet a
public calamity or emergency. There is generally no partial veto allowed |
e A certification that the bill is urgent under the Constitution. However, in
appropriation, revenue and tariff bills
| removes the requirement of
President shall have the power to veto any
separate days for the three readings
particular item or items in an appropriation,
in other words,
e All can be done on the same day, as ‘revenue, or tariff bill, but the veto shall not
well as the requirement of
Constitutional Law Review - 71023 Atty. Edgar B. Pascua Il 20
[ affect the item or items to which he does not The power of inquiry is inherent in the power to
|object. legislate.” — (Arnault v. Nazareno)

Case: Legislative veto is a statutory provision Question Hour Legislative

requiring the President or an administrative Investigation
agency to present the proposed implementing Persons who [ Only a Any person.
rules and regulations of a law to Congress which, may appear department

by itself or through a committee formed by it, head; |

retains a "right" or "power" to approve or Who conducts Entire body | The Senate or
the the House of
disapprove such regulations before they take
investigation Representatives
effect. As such, a legislative veto in the form of a
or any of its
congressional oversight committee is in the form
respective
of an inward-turning delegation designed to committees.
attach a congressional leash (other than through Subject-matter: Matters related Any matter for
scrutiny and investigation) to an agency to which to the | the purpose of
Congress has by law initially delegated broad ) department only legislation
powers (G.R. 166715, 2008 ABAKADA vs. Attendance _ discretionary Compulsory
Purisima) Purpose Obtain Elicit
information in information
Case: Every bill passed by Congress must be pursuit of that may be
presented to the President for approval or veto. [ Congress’ used for
In the absence of presentment to the President, oversight legislation
| function
no bill passed by Congress can become a law. In
this sense, law-making under the Constitution is
a joint act of the Legislature and of the Executive. Board of Canvassers for Presidential Elections.
(ABAKADA vs. Purisima G.R. No. 166715, 2008) The returns of every election for President and
Vice-President, duly certified by the board of
Statute v. Treaty A treaty cannot amend a canvassers of each province or city, shall be
statute. When the president enters into a treaty transmitted to the Congress, directed to the
that is inconsistent with a prior statute, the President of the Senate. (sec 4, Art VII)
president may unilaterally withdraw from it,
unless the prior statute is amended to be Call a Special Election for the President & Vice-
President
consistent with the treaty.

e A statute enjoys primacy over a treaty. Day 0 Vacancy

occurs |
It is passed by both the House of
Day 3 Congress “The Congress shall, at |
Representatives and the Senate, and is
convenes | ten o'clock in the
ultimately signed into law by the
(10 am on without morning of the third day
president. the 3 day) | need of after the vacancy in the
® |n contrast, a treaty is negotiated by the call offices of the President
president, and legislative participation is and Vice-President
limited to Senate concurrence. occurs, convene in
accordance with its rules
Thus, there is greater participation by the I without needof a call” |
sovereign's democratically elected Day 10 Congress “Within seven days,

representatives in the enactment of statutes. passes the | enact a law calling for a
(Pangilinan vs. Cayetano. G.R. 238875 2021) (Within 7 special special election to elect a
days) election President and a Vice-
law, if it President to be held not
Question Hour and Legislative Investigations
has not earlier than forty-five |
passed | days nor later than sixty

Constitutional Law Review - 2023 Atty. Edgar B. Pascua 21

 | before this days from the time of revocation shall not be set aside by the
date | such call.” President.
|
4 |
Day SSto | Election is | ...not earlier than forty- Case: The provision does not actually refer to a
70 held five days nor later than "joint session." While it may be conceded, that
| sixty days from the time the phrase "voting jointly" shall already be
lL 1 BN | of suchcall understood to mean that the joint voting will be
| Upto 100 | Asthe Under the Constitution done "in joint session," notwithstanding the
| case may | then a vacancy is filled by absence of clear language in the Constitution,
be - | the 100th day from the
still, the requirement that "[t]he Congress,
vacancy at the latest
voting jointly, by a vote of at least a majority of
all its Members in regular or special session, x x
Congress, |
| ifit has x" explicitly applies only to the situation when
not done the Congress revokes the President's
| so earlier. proclamation of martial law and/or suspension
— EE —
of the privilege of the writ of habeas corpus.
Procedural Exemptions Simply put, the provision only requires Congress
to vote jointly on the revocation of the
Certification - The bill calling such special President's proclamation and/or suspension.
election shall be deemed certified under (G.R. 231671 Padilla vs. Congress, 2017)
paragraph 2, Section 26, Article VI of this
Constitution Upon the initiative of the President, the Congress
e No Approval by the President - The Bill shall may, in the same manner, extend such
become law upon its approval on third proclamation or suspension for a period to be
reading by the Congress. (There is no determined by the Congress, if the invasion or
president to approve as the position is rebellion shall persist and public safety requires
vacant) it.
e Availability of Funds - Appropriations for the
special election shall be charged against any Case: The power to review by the Court and the
current appropriations and shall be exempt power to revoke by Congress are not only totally
from the requirements of paragraph 4, different but likewise independent from each
Section 25, Article VI of this Constitution. other although concededly, they have the same
e Suspension and Postponement - The trajectory, which is, the nullification of the
convening of the Congress cannot be presidential proclamation. Needless to say, the
suspended nor the special election power of the Court to review can be exercised
postponed. independently from the power of revocation of
Congress. (Lagman vs. Medialdea GR 231658,
Revoke or Extend Suspension of Privilege of 2017)
Habeas Corpus or Declaration of Martial Law.
Concurrence of Presidential Amnesties
Upon the declaration or martial Law or
suspension of the writ. The President shall have the power to grant
1. Within forty-eight hours from the amnesty with the concurrence of a majority of all
proclamation of martial law or the the Members of the Congress. (Art VII) The
suspension of the privilege of the writ of amnesty power is thus Executive in character,
habeas corpus, the President shall submit a not Legislative. Congress only concurs.
report in person or in writing to the
Congress. Confirm Certain Appointments
2. The Congress, voting jointly, by a vote of at 1. Art. VII, Sec. 9 (By Congress). Whenever
least a majority of all its Members in regular there is a vacancy in the Office of the Vice-
or special session, may revoke such President during the term for which he was
proclamation or suspension, which elected, the President shall nominate a Vice-

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 22

 President from among the Members of Cabinet. It is this second cabinet written
Congress who shall assume office upon "declaration of inability" that brings in the
confirmation by a majority vote of all the Congress as judge of the President's ability to
Members of both Houses of the Congress, discharge his office.
voting separately. o Within 10 days after receipt of the 2nd
2. Sec. 16 (By the Commission on written declaration by the Cabinet, if it is
Appointments) The Commission shall in session, or
confirm or approve nominations made by o Within 12 days after it is required to
the President of certain public officers assemble by its respective presiding
named by the Constitution or by law (Supra) officer, if it is not in session.
* In a joint session, the Congress shall
Concur in Treaties decide the President's ability.
e No treaty or international agreement shall = Two-thirds vote by each house,
be valid and effective unless concurred in by voting separately, is required to
at least two-thirds of all the Members of the declare the President's inability.
Senate. (sec 21, Art VII)
e Foreign military bases, troops, or facilities Impeachment
shall not be allowed in the Philippines except The following are impeachable; President, Vice-
under a treaty duly concurred in by the President, Justices of the Supreme Court,
Senate and, when the Congress so requires, Members of the Constitutional Commissions,
ratified by a majority of the votes cast by the and Ombudsman
people in a national referendum held for
that purpose, and recognized as a treaty by GROUNDS for impeachment. Culpable violation
the other contracting State. (sec 25, Art of the Constitution, Treason (RPC), Bribery (RA
XVII) 3019), Graft and corruption (RA 3019), Other
high crimes, Betrayal of public trust.
Declaration of Existence of a State of War &
Delegation of Emergency Powers A. Initiation Stage
e State of War. Congress, by a vote of two- 1) If initiated by less than 1/3 [Secs. 3(2)-(4)]
thirds of both Houses in joint session (a) A verified complaint for impeachment is filed
assembled, voting separately, shall have the with the House of Representative by:
sole power to declare the existence of a state (i) a member of the House of Representatives, or
of war. (ii) any citizen upon a resolution of endorsement
e Emergency Powers. In times of war or other by any member of the House.
national emergency, the Congress may, by (b) The complaint must be included in the Order
law, authorize the President, for a limited of Business within 10 session days upon receipt
period and subject to such restrictions as it thereof. (the purpose is to prohibit any delay)
may prescribe, to exercise powers necessary (c) Not later than 3 session days after, including
and proper to carry out a declared national the complaint in the Order of Business, it must
policy. (Art VI) be referred (by the Speaker) to the proper
committee (usually, the Committee on Justice
Be Judge of the President's Fitness and Order).
Three ways in which the President may be (d) The Committee has 60 session days from
declared unable to discharge his functions under receipt of the referral to conduct hearings (to
this article: see if there is probable cause), to vote by an
e Upon his own written declaration absolute majority, and to submit report and its
e Upon the first written declaration by resolution to the House.
majority of his Cabinet (e) The resolution shall be calendared for
# Upon determination by Congress by 2/3 vote consideration and general discussion by the
of all its members voting separately, acting House within 10 session days from receipt
on the 2nd written declaration by the thereof.

Constitutional Law Review - 2023 Atty. Edgar 8. Pascua ll 23

(f) After the discussion, a vote is taken, with the c) As a general rule, the President of the Senate
vote of each member recorded. A vote of at presides over an impeachment trial. But when
least 1/3 of all the members of the House is it is the President of the Philippines who is on
needed to "affirm a favorable resolution with trial, the Chief Justice of the Supreme Court
the Articles of Impeachment of the Committee, shall be the presiding officer, but he shall not
or to override its contrary resolution." vote.
If the Committee made a favorable d) To carry out a conviction, the vote of 2/3 of all
recommendation (i.e., it recommended that the members of the Senate (16 Senators) is
the complaint be sent over to the Senate), 1/3 required. If less than 2/3 vote that the officer is
of all the members are needed to approve such guilty, the effect is acquittal.
recommendation. e) The judgment of the Senate (like the judgment
If the Committee made a contrary of the House on whether to initiate) is a
recommendation (i.e., it recommended the political question that cannot be reviewed by
dismissal of the complaint), 1/3 of all the the court (Romulo v Yniguez G.R. No. 71908
members are needed to disapprove or override February 4, 1986). (Unlike a law that can be
this report. reviewed by the courts because of the
In other words, so long as 1/3 of the lower existence of constitutional standards, this
house votes to proceed with the trial, then the judgment cannot be reviewed, for the
case would be sent to the Senate, regardless of Constitution itself has granted the discretion to
the committee recommendation, and this co-equal branch to appreciate the case as
regardless of the number who vote (which, presented.)
could even be as high as 66% of the entire
House), that it should not be sent to the Senate A Political Question. The judgment of the Senate
for trial. (like the judgment of the House on whether to
The reason is that the initiation stage does not initiate) is a political question that cannot be
determine the guilt or innocence of the officer reviewed by the court (Romulo v Yniguez G.R.
being impeached. It merely determines 71908, 1986).
whether there is a prima facie case against the
officer that merits a full blown trial in the Case: Impeachment is not an exclusive remedy
Senate. by which an invalidly appointed or invalidly
elected impeachable official may be removed
2) If initiated by 1/3 [Art. XI, Sec. 3(4)] from office. Art XI Sec 2 uses the permissive term
If the verified complaint or resolution of "may" which, in statutory construction, denotes
impeachment is filed by at least 1/3 of all the discretion and cannot be construed as having a
members of the House, the same shall mandatory effect. We have consistently held
constitute the Articles of Impeachment, and that the term "may" is indicative of a mere
trial by the Senate shall forthwith proceed. possibility, an opportunity or an option. The
This means that the entire process is cut short. grantee of that opportunity is vested with a right
There is no need for a Committee report and or faculty which he has the option to exercise. An
discussion anymore, since the end result is option to remove by impeachment admits of an
that 1/3 of the members of the House have alternative mode of effecting the removal.
decided to send the case for trial. (Republic vs. Sereno. G.R. 237428, 2018)

B. Trial Stage Limitation: No impeachment proceedings shall

a) The Articles of Impeachment of the Committee be initiated against the same official more than
is forwarded to the Senate, which has the sole once within a period of one year. "To initiate"
power to try and decide all cases of refers to the filing of the impeachment
impeachment, for trial. complaint coupled with Congress taking initial
b) When sitting for the purpose of trying an action of said complaint. (G.R. 193459, 2011.
impeachment case, the Senators shall be on Gutierrez vs. Committee on Justice)
oath or affirmation.

Constitutional Law Review - 2023 ) Atty. Edgar B. Pascua Il 24

Utilization Of Natural Resources.
The Congress may, by law, allow small-scale Online publication
utilization of natural resources by Filipino The Official Gazette is the official journal of the
citizens, as well as cooperative fish farming, with Republic of the Philippines.
priority to subsistence fishermen and fish
workers in rivers, lakes, bays, and lagoons. (sec This website is the online version of the print
2, Art XII) edition of the Official Gazette, which was created
by decree of Act No. 453 and Commonwealth Act
Requirements as to bills No. 638.

As to Titles of Bills. Every bill passed by the Case: In other words, the law merely recognizes
Congress shall embrace only one subject which the admissibility in evidence (for their being the
shall be expressed in the title thereof. (Sec 26, original) of electronic data messages and/or
Art VI) The purposes being; electronic documents. It does not make the
internet a medium for publishing laws, rules and
e to prevent hodge-podge or "log-rolling" regulations. (G.R. 170338, 2008, Garcillano vs.
legislation; House of Representatives Committees)

e to prevent surprise or fraud upon the Initiative and Referendum

legislature by means of provisions in bills of
which the title gives no intimation, and A. Initiative" is the power of the people to
which might therefore be overlooked and propose amendments to the Constitution or
carelessly and unintentionally adopted; and legislations

e to fairly apprise the people, through such There are three (3) systems of initiative, namely:
publication of legislative proceedings as is 1. Initiative on the Constitution which refers to
usually made, of the subject of legislation a petition proposing amendments to the
that is being considered, in order that they Constitution;
may have opportunity of being heard 2. Initiative on statutes which refers to a petition
thereon, by petition or otherwise, if they proposing to enact a national legislation; and
shall so desire. (G.R. 105371, 1993 PJA vs. 2. Initiative on local legislation which refers to a
Prado) petition proposing to enact a regional,
provincial, city, municipal, or barangay law,
Case: The title of the bill is not required to be an resolution or ordinance.
index to the body of the act, or to be as
comprehensive as to cover every single detail of B. "Indirect Initiative" is exercise of initiative by
the measure. It has been held that if the title the people through a proposition sent to
fairly indicates the general subject, and Congress or the local legislative body for action.
reasonably covers all the provisions of the act,
and is not calculated to mislead the legislature or C. "Referendum" is the power of the electorate
the people, there is sufficient compliance with to approve or reject a legislation through an
the constitutional requirement. (PJA vs. Prado) election called for the purpose. It may be of two
classes, namely:
Case: It is sufficient if the title be comprehensive
enough reasonably to include the general object 1. Referendum on statutes which refers to a
which a statute seeks to effect, without petition to approve or reject an act or law, or
expressing each and every end and means part thereof, passed by Congress; and
necessary or convenient for the accomplishing of
that object. Mere details need not be set forth. 2. Referendum on local law which refers to a
The title need not be an abstract or index of the petition to approve or reject a law,
Act. (G.R. 188179, 2013, Giron vs. Comelec)

Constitutional Law Review - 2023 Atty. Edgar B. Pascuall 25

 resolution or ordinance enacted by regional not be decreased during their tenure. (Sec 6. Art
assemblies and local legislative bodies. VII). No increase in said compensation shall take
effect until after the expiration of the term of the
The Executive Department incumbent during which such increase was
approved
The President. Qualifications, Election, Term
Executive Privilege. "The right of the President
Qualifications and high-level executive branch officers to
e Natural-born citizen withhold information from Congress, the courts,
e Registered voter and ultimately the public." (Rozell) "The power
¢ Able to read and write of the Government to withhold information from
e 40 years of age on the day of election the public, the courts, and the Congress. “
e Resident of the Philippines for at least 10 (Schwart)
years immediately preceding the
election Case: A President and those who assist him
must be free to explore alternatives in the
Term. Six years. Begins: Noon of 30th day of process of shaping policies and making
June next following the day of the election. Ends: decisions and to do so in a way many would be
Noon of the same date, six years thereafter. unwilling to express except privately. These
are the considerations justifying a presumptive
Re-Election. Not be eligible for any re-election. privilege for Presidential communications. The
No person who has succeeded as President and privilege is fundamental to the operation of
has served as such for more than four years shall government and inextricably rooted in the
be qualified for election to the same office at any separation of powers under the Constitution.
time. (Senate v. Ermita G.R. 169777 2006)

Election: By direct vote of the people Elements

® Regular - Unless otherwise provided by law, 1) The protected communication must relate
the regular election for President and Vice- to a "quintessential and non-delegable
President shall be held on the second presidential power."
Monday of May. 2) The communication must be authored or
e Special - When a vacancy occurs in the "solicited and received" by a close advisor of
offices of President and Vice- President more the President or the President himself. The
than eighteen months before the date of the judicial test is that an advisor must be in
next presidential election, a special election "operational proximity" with the President.
to elect a President and a Vice-President 3) The presidential communications privilege
shall be called (Art VII, 10.) remains a qualified privilege that may be
overcome by a showing of adequate need,
Electoral Tribunal. The Supreme Court, sitting en such that the information sought likely
banc, shall be the sole judge of all contests contains important evidence" and by the
relating to the election, returns, and unavailability of the information elsewhere by
qualifications of the President or Vice-President, an appropriate investigating authority. (G.R.
and may promulgate its rules for the purpose. No. 180643, 2008 Neri vs. Senate Committee)

Privileges Prohibitions

Residence. The President shall have an official 1. The President, Vice-President

residence. (Sec 6, Art VII)
Li. Shall not hold any other office or
Salary The salaries of the President and Vice- employment during their tenure. (This includes
President shall be determined by law and shall the Members of the Cabinet, and their deputies

Constitutional Law leview - 2023 Any. Edgar B. Pascua 1] 26

or assistants, unless otherwise provided in this instrumentality thereof, including GOCCs or their
Constitution) subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office,
Any appointive official (including cabinet
members) may hold any other office or 2. As to the spouse and relatives by
employment in the Government or any consanguinity or affinity within the fourth civil
subdivision, agency or instrumentality thereof, degree of the President (during his tenure)
including Government-owned or controlled
corporations or their subsidiaries if allowed by i. Shall not be appointed as
[aw or by the primary functions of his position ¢ Members of the Constitutional Commissions
e The Office of the Ombudsman, or
Case: The prohibition against holding dual or e As Secretaries, Undersecretaries, chairmen
multiple offices or employment under Section or heads of bureaus or offices, including
13, Article VII of the Constitution must not, government-owned or controlled
however, be construed as applying to ex-officio corporations and their subsidiaries
capacity as provided posts occupied by the
Executive officials specified therein without Succession
additional compensation by law and as
required by the primary functions of said At the BEGINNING of the Term. Succession
officials’ office. The reason is that these posts do when the President and Vice-President are
no comprise "any other office" within the elected in the regular election;
contemplation of the constitutional prohibition
but are properly an imposition of additional e |f the President-elect fails to qualify, the Vice
duties and functions on said officials. (G.R. President-elect shall act as President until the
83896, 1991 CLU vs. Executive Secretary) President-elect shall have qualified.’
e |f a President shall not have been chosen, the
Exceptions to prohibitions on holding additional Vice President-elect shall act as President
positions: until a President shall have been chosen and
e The Vice-President may be appointed as a qualified.?
Member of the Cabinet. Such appointment e If at the beginning of the term of the
requires no confirmation. (Art VII) President, the President-elect shall have died
e The Judicial and Bar Council is composed of or shall have become permanently disabled,
the Chief Justice as ex officio Chairman, the the Vice President-elect shall become
Secretary of Justice, and a representative of president.
the Congress as ex officio Members, a e Where no President and Vice-President shall
representative of the Integrated Bar, a have been chosen or shall have qualified, or
professor of law, a retired Member of the where both shall have died or become
Supreme Court, and a representative of the permanently disabled, the President of the
private sector. (Art VIII) Senate or, in case of his inability, the Speaker
of the House of Representatives, shall act as
2.ii. They shall not, during said tenure, directly President until a President or a Vice-President
or indirectly, practice any other profession, shall have been chosen and qualified.
participate in any business, or be financially
interested in any contract with, or in any DURING the Term. In case of the vacancy in the
franchise, or special privilege granted by the office of President, the Vice-President shall
Government or any subdivision, agency, or become the President to serve the unexpired

? Here, the President was unable to take his oath of “ Death or permanent disability at the beginning of
office on June 30 the term of the president will result to the Vice -
"As in case of a tie which has yet to be broken by President as becoming the president
Congress
‘Constitutional Law Review 2023 Atly. Edgar B. Pascua ll 27
term. In case of the vacancy in the offices of both
the President and Vice-President, the President Serious lliness of the President
of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall In case of serious illness of the President, the
then act as President until the President or Vice- public shall be informed of the state of his
President shall have been elected and qualified. health. The members of the Cabinet in charge of
national security and foreign relations and the
TEMPORARY VACANCY in the Presidency during Chief of Staff of the Armed Forces of the
the term Philippines, shall not be denied access to the
President during such illness. (Sec 12, Art VII)
1. A written declaration by the President.
Whenever the President transmits to the Removal
President of the Senate AND the Speaker of
the House of Representatives his written The President, the Vice-President... may be
declaration that he is unable to discharge the removed from office on impeachment for, and
powers and duties of his office, and until he conviction of, culpable violation of the
transmits to them a written declaration to the Constitution, treason, bribery, graft and
contrary, such powers and duties shall be corruption, other high crimes, or betrayal of
discharged by the Vice-President as Acting public trust.. (Sec2, Art XI)
President. (Sec 11, Ph 1, Art VII)
Powers of the President
2. Upon the first written declaration by
majority of his Cabinet. Whenever a majority Executive Power as vested in the President of
of all the Members of the Cabinet transmit to the Philippines. (Secl, Art VII) The President is
the President of the Senate and to the Speaker the Head of State and Head of Government. As
of the House of Representatives their written chief executive, the President exercises control
declaration that the President is unable to over all the executive departments, bureaus, and
discharge the powers and duties of his office, offices.
the Vice-President shall immediately assume
the powers and duties of the office as Acting Case: To the President, the problem is one of
President. (Section 11, Ph 2, Art VII) balancing the general welfare and the common
The President can contest this by transmitting good against the exercise of rights of certain
to the Senate President and Speaker his individuals. The power involved is the President's
written declaration that no inability exists. residual power to protect the general welfare of
Upon such transmittal, he shall reassume his the people. It is founded on the duty of the
office. President, as steward of the people. (G.R. 88211,
1989, Marcos vs Manglapus)
3. Upon determination by Congress by 2/3
vote of all its members voting separately, Control of Executive Departments. The
acting on the 2nd written declaration by the President shall have control of all the executive
Cabinet. If the Congress, within ten days departments, bureaus, and offices. He shall
after receipt of the last written declaration, ensure that the laws be faithfully executed.
or, if not in session, within twelve days after it (Sec17, Art vil)
is required to assemble, determines by a two-
thirds vote of both Houses, voting separately, “Control” is the power to substitute one's own
that the President is unable to discharge the judgment in that of a subordinate. This extends
powers and duties of his office, the Vice- over all executive officers from Cabinet Secretary
President shall act as President; otherwise, to the lowliest clerk and has been held by us, to
the President shall continue exercising the mean "the power of [the President] to ALTER or
powers and duties of his office. (Section 11, MODIFY or NULLIFY or SET ASIDE what a
Ph 3-4, Art VII) subordinate officer had done in the performance

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 28

 of his duties and to substitute the judgment of Power of Appointment
the former with that of the latter." It is said to be
at the very "heart of the meaning of Chief 1. With the Consent of the Commission on
Executive". Appointments
oe “the heads of the executive departments,
Doctrine of Qualified Political Agency." "all ambassadors, other public ministers and
executive and administrative organizations are consuls, or officers of the armed forces from
adjuncts of the Executive Department, the heads the rank of colonel or naval captain,.”
of the various executives departments are e “Other officers whose appointments are
assistants and agents of the Chief Executive, and, vested in the President in this Constitution,”
except in cases where the Chief Executive is o Chairman and members of 3
required by the Constitution or law to act in Constitutional Commissions (Art IX)
person or the exigencies of the situation demand o Regular members of the Judicial and Bar
that he act personally, the multifarious executive Council
and administrative functions of the Chief o Sectoral Representatives (superseded
Executive are performed by and through the now by the Party-List Reps.)
executive departments, and the acts of the 2. Upon the Recommendation of the Judicial
Secretaries of such departments, performed and and Bar Council
promulgated in the regular course of business, ¢ Members of the Supreme Court and all the
are, unless disapproved or reprobated by the other courts. (Sec 9, Art VIII)
Chief Executive presumptively the acts of the Ombudsman and his Deputies. (Sec 9,Art XI)
Chief Executive". 3. Appointment of the Vice President as
member of the cabinet. “The Vice-President
Case: The power to abolish a public office is may be appointed as a Member of the
lodged with the legislature. The exception, Cabinet. Such appointment requires no
however, is that as far as bureaus, agencies or confirmation (Sec 3. Art VII)”
offices in the executive department are 4. Appointment Solely by the President. The
concerned, the President's power of control may President shall also appoint all other officers
justify him to inactivate the functions of a of the Government whose appointments are
particular office, or certain laws may grant him not otherwise provided for by law, and those
the broad authority to carry out reorganization whom he may be authorized by law to
measures. (G.R. 142801-802, 2001 Buklod vs. appoint. (Sec 16. Art VII)
Executive Secretary)
Case: Congress cannot by law expand the
Case; The President has the power to reorganize confirmation powers of the Commission on
the offices and agencies in the executive Appointments and require confirmation of
department in line with the President's appointment of other government officials not
constitutionally granted power of control over expressly mentioned in the first sentence of
executive offices. (G.R. 166620, Banda vs. Section 16 of Article VII of the Constitution. (G.R.
Ermita) 111243, 1994 Tarrosa vs. Singson)

General supervision of local governments and Power to Remove

Autonomous Regions. (Art X) e General Rule: Under the doctrine of
®e The President of the Philippines shall implication, the power to appoint carries
exercise general supervision over local with it the power to remove. As a general
governments.. (Sec 4) rule, therefore, all officers appointed by the
e The President shall exercise general President are also removable by him.
supervision over autonomous regions to e Except: When the law expressly provides
ensure that laws are faithfully executed. (Sec otherwise - that is, when the power to
16) remove is expressly vested in an office or

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 29

 authority other than the appointing power. abused, they can also be a way of
Examples: circumventing the need for confirmation by
Justices of the SC, Chair and members of the Commission on Appointments (G.R.
the COA, COMELEC,CSC, and 164978, 2005 Pimentel vs. Ermita)
Ombudsman are impeachable
- Judges of the lower Court, subject only Executive Clemencies
to the administrative supervision of the
Supreme Court Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may
Limitations to the Appointing Power of the grant reprieves, commutations, and pardons,
President and remit fines and forfeitures, after conviction
e The spouse and relatives by consanguinity or by final judgment. He shall also have the power
affinity within the fourth civil degree of the to grant amnesty with the concurrence of a
President shall not, during his tenure, be majority of all the Members of the Congress. (Sec
appointed as Members of the Constitutional 19, Art VII)
Commissions, or the Office of the
Ombudsman, or as Secretaries, Note: No pardon, amnesty, parole, or suspension
Undersecretaries, chairmen or heads of of sentence for violation of election laws, rules,
bureaus or offices, including government- and regulations shall be granted by the President
owned or controlled corporations and their without the favorable recommendation of the
subsidiaries. (Sec 13, Art VII) Comelec (Sec 5. Art 1X-C)
e Two months immediately before the next
presidential elections and up to the end of Case: Amnesty commonly denotes a general
his term, a President or Acting President pardon to rebels for their treason or other high
shall not make appointments, except political offenses, or the forgiveness which one
temporary appointments to executive sovereign grants to the subjects of another, who
positions when continued vacancies therein have offended, by some breach, the law of
will prejudice public service or endanger nations.
public safety. (Sec 15, Art VII)
Amnesty looks backward, and abolishes and puts
Case: 15, Article VII does not apply to into oblivion, the offense itself; it so overlooks
appointments to fill a vacancy in the Supreme and obliterates the offense with which he is
Court or to other appointments to the judiciary. charged, that the person released by amnesty
The restrictions of Article VII refers to the stands before the law precisely as though he had
Executive Department. (G.R. No. 191002, 2010 committed no offense. (G.R. 137891, 2001
De Castro vs. JBC and Arroyo) People vs. Patriarca)

Ad-Interim Appointments vs. Appointments in an Powers of the Commander in Chief

Acting Capacity.
e Both of them are effective upon acceptance. 1. The President shall be the Commander-in-
e But ad-interim appointments are extended Chief of all armed forces of the Philippines.
only during a recess of Congress, whereas He may;
acting appointments may be extended any e Call out such armed forces Whenever it
time there is a vacancy. becomes necessary, to prevent or suppress
e Moreover ad-interim appointments are lawless violence, invasion or rebellion.
submitted to the Commission on e Suspend the privilege of the writ of habeas
Appointments for confirmation or rejection; corpus or place the Philippines or any part
acting appointments are not submitted to thereof under martial law, for a period not
the Commission on Appointments. exceeding sixty days, in case of invasion or
e Acting appointments are a way of rebellion, when the public safety requires it.
temporarily filling important offices but, if (Sec 18, Art VII)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 30

 and must promulgate its decision thereon within
Common grounds: thirty days from its filing
e There must be an (actual) invasion or
rebellion,
and The Role of Congress and the Court
e Public safety requires the suspension.
Count Congress
May strike down the presidential May revoke the proclamation or suspension
Limitations proclamation in an appropriate proceeding which revocation shall not be set aside by
filed by any citizen on the ground of lack the President
e Effective only for 60 days sufficient factual basis.
May take into consideration not only data
e Within forty-eight hours from the Considers only the information and data
available to the President PRIOR TO, OR AT available prior to, but LIKEWISE EVENTS

proclamation of martial law or the THE TIME OF THE DECLARATION SUPERVENING the declaration
Not allowed to “undertake an independent Noes not look inta the absalute correctness
suspension of the privilege of the writ of investigation beyond the pleadings.” of the factual basis, could probe deeper and
further; it can delve into the accuracy of the
habeas corpus, the President shall submit a facts presented before it

report in person or in writing to the Review power is PASSIVE; it is only Initiated Review mechanism is AUTOMATIC in the
by the filing of a petition "in an appropriate sense that it may be activated by Congress
Congress. proceeding” by a citizen itself

The Congress, voting jointly, by a vote of at

least a majority of all its Members in regular 2. “Call out such armed forces to prevent or
or special session, may revoke such suppress lawless violence, invasion or
proclamation or suspension. rebellion”
e Revocation shall not be set aside by the e This is intended to suppress disorder, and a
President. discretion of the President. “When the
Upon the initiative of the President, the President calls the armed forces to prevent
Congress may extend such proclamation or or suppress lawless violence, invasion or
suspension rebellion, he necessarily exercises a
discretionary power solely vested in his
“Suspend the privilege of the writ of habeas wisdom. This is clear from the intent of the
corpus” framers and from the text of the
e Applies only in cases of rebellion or offenses Constitution itself.” (IBP v. Zamora, 392 Phil.
directly or inherently related with invasion. 618)
e Anyone arrested during the suspension must
be charged within three days. How is the proclamation or suspension lifted:
e The right to bail shall not be impaired during 1) By the President himself
the suspension. (Art. Ill, Sec. 13.) 2) Revocation by Congress
3) Nullification by the Supreme Court
“Proclaim martial law over the entire Philippines 4) Operation of law, after 60 days
or any part thereof.” The President can Legislate
and order the arrest of people who obstruct the Case: While it may be conceded,, that the phrase
war effort. But the following cannot be done: "voting jointly" shall already be understood to
e Suspend the operation of the Constitution. mean that the joint voting will be done "in joint
e Supplant the functioning of the civil courts session," notwithstanding the absence of clear
and the legislative assemblies. language in the Constitution, still, the
e Confer jurisdiction upon military courts and requirement that "(t]he Congress, voting jointly,
agencies over civilians, where civil courts are by a vote of at least a majority of all its Members
unable to function. in regular or special session, " explicitly applies
e Automatically suspend the privilege of the only to the situation when the Congress revokes
writ of habeas corpus. the President's proclamation of martial law
and/or suspension of the privilege of the writ of
The role of the Court. The Supreme Court may habeas corpus. Simply put, the provision only
review, in an appropriate proceeding filed by any requires Congress to vote jointly on the
citizen, the sufficiency of the factual basis of the revocation of the President's proclamation
proclamation of martial law or the suspension of and/or suspension. (G.R. 231671 Padilla vs.
the privilege of the writ or the extension thereof, Congress, 2017)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 31

 e The President could validly declare the
Case: “State of Rebellion” - In the exercise of this existence of a state of national emergency
calling out power as Commander-in-Chief of the even in the absence of a Congressional
armed forces, the Constitution does not require enactment.
the President to make a declaration of a "state of e But the exercise of emergency powers, such
rebellion” (or, for that matter, of lawless as the taking over of privately owned public
violence or invasion). The term "state of utility or business affected with public
rebellion" has no legal significance. It is vague interest, is a different matter. This requires a
and amorphous and does not give the President delegation from Congress.
more power than what the Constitution says, i.e,
whenever it becomes necessary, he may call out Case: While the President alone can declare a
such armed forces to prevent or suppress lawless state of national emergency, without legislation,
violence, invasion or rebellion. (G.R. 147780, he has no power to take over privately-owned
2001, Lacson, vs. Secretary) public utility or business affected with public
interest. (G.R. 171396, 2006 David vs. GMA)
Case: The exigencies of military discipline and
the chain of command mandate that the Contracting and Guaranteeing Foreign Loans
President's ability to control the individual
members of the armed forces be accorded the The President may contract or guarantee foreign
utmost respect. Where a military officer is torn loans on behalf of the Republic of the Philippines
between obeying the President and obeying the e With the prior concurrence of the Monetary
Senate, the Court will without hesitation affirm Board, and
that the officer has to choose the President. e Subject to such limitations as may be
After all, the Constitution prescribes that it is the provided by law. (Sec 20, Art VII)
President, and not the Senate, who is the e In accordance with law and the regulation of
commander-in-chief of the armed forces. (G.R.. the monetary authority.
170165, 2006, Gudani vs. Senga) e Information on foreign loans obtained or
guaranteed by the Government shall be
Note: Civilian Authority is not supplanted when made available to the public. Art. XII
the president acts as commander in chief. When
the President acts as Commander in Chief, he Treaty-making power
acts to represent Civilian Authority. His Control
over the Military emphasizes the supremacy of No treaty or international agreement shall be
Civilian Authority. valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate. (Sec
Distinctions between the “Commander-in-Chief 21, Art VII)
Clause.”, “Declaration of a State of National
Emergency”, and “Emergency Powers” Unlike treaties or international agreements,
executive agreements entered into by the
Between the “Commander-in-Chief Clause.”, President need no concurrence of Legislature.
and “Emergency Powers”
e Under the Commander-in-Chief clause, the Treaty vs. Executive Agreement
President acts under a Constitutional grant e Treaties are formal documents which
of military power, (including the law-making require ratification with the approval of two
power). thirds of the Senate. (Sec 21 Art VII)
e Under the Emergency Power provision, the Executive Agreements become binding
President acts under a Congressional through executive action without the need
delegation of lawmaking power. of a vote by the Senate or by Congress.
¢ International agreements involving political
Between the “Declaration of a State of National issues or changes of national policy and
Emergency” and “Emergency Powers” those involving international arrangements
Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 32
 of a permanent character usually take the The President shall address the Congress at the
form of treaties. But international opening of its regular session. He may also
agreements embodying adjustments of appear before it at any other time. (Sec 23, Art
detail, carrying out well-established VII)
national policies and traditions and those
involving arrangements of a more or less (b) Prepare and submit the budget
temporary nature usually take the form of The President shall submit to the Congress,
executive agreements. within thirty days from the opening of every
regular session as the basis of the general
Case: It should be emphasized that under our appropriations bill, a budget of expenditures and
Constitution, the power to ratify is vested in the sources of financing, including receipts from
President, subject to the concurrence of the existing and proposed revenue measures. (Sec
Senate. The role of the Senate, however, is 22, Art VII)
limited only to giving or withholding its consent,
or concurrence, to the ratification. Hence, it is (c) Veto Power
within the authority of the President to refuse to Every bill passed by the Congress shall, before it
submit a treaty to the Senate or, having secured becomes a law, be presented to the President. If
its consent for its ratification, refuse to ratify it. he approves the same he shall sign it; otherwise,
(G.R.158088, 2005 Pimentel vs. Executive he shall veto it and return the same with his
Secretary) objections to the House where it originated,
which shall enter the objections at large in its
Case: The president can withdraw from a treaty Journal ... The President shall communicate his
as a matter of policy in keeping with our legal veto of any bill to the House where it originated
system, if a treaty is unconstitutional or contrary within thirty days after the date of receipt
to provisions of an existing prior statute. thereof, otherwise, it shall become a law as if he
However, the president may not unilaterally had signed it.
withdraw from a treaty: (a) when the Senate
conditionally concurs, such that it requires The President shall have the power to veto any
concurrence also to withdraw; or (b) when the particular item or items in an appropriation,
withdrawal itself will be contrary to a statute, or revenue, or tariff bill, but the veto shall not affect
to a legislative authority to negotiate and enter the item or items to which he does not object.
into a treaty, or an existing law which (Sec 27, Art VI)
implements a treaty. (Pangilinan vs. Cayetano.
G.R. 238875, 2021) (d) Emergency Power
In times of war or other national emergency, the
Deportation of Undesirable Aliens Congress may, by law, authorize the President,
for a limited period and subject to such
Case: That power may be exercise by the Chief restrictions as it may prescribe, to exercise
Executive "when he deems such action powers necessary and proper to carry out a
necessary for the peace and domestic tranquility declared national policy. Unless sooner
of the nation Justice Johnson's is that there the withdrawn by resolution of the Congress, such
Chief Executive rinds that there are aliens whose powers shall cease upon the next adjournment
continued in the country is injurious to the public thereof. (Sec 23, Art VI)
interest he may, even in the absence of express
law, deport them (G.R. L-23846, 1977 Go Tek vs. (e) Fixing of tariff rates
Deportation Board) The Congress may, by law, authorize the
President to fix within specified limits, and
Power Over / Of Legislation subject to such limitations and restrictions as it
may impose, tariff rates, import and export
(a) Message to Congress quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the

Constitutional Law Review - 2023 Atty Edgar B Pascua I ) 33

national development program of the Is the Vice —President Immune from Suits? Under
Government. (Sec28, Art VI) the 1973 Constitution, the President is immune
from suit. Article VII provided in Section 7 that
Immunity From Suits “the President shall be immune from suit during
his tenure.” There is no mention of the Vice
While not mentioned in the Constitution, the President. Maybe, by tradition, and on the logic
President, during his tenure of office or actual that It will degrade the dignity of the office, if he
incumbency, may not be sued in any civil or can be dragged into court litigations while
criminal case, and there is no need to provide for serving as such.
it in the Constitution or law.
The Judiciary
Case: It will degrade the dignity of the high office
of the President, the Head of State, if he can be The Supreme Court
dragged into court litigations while serving as
such. Furthermore, it is important that he be Composition
freed from any form of harassment, hindrance or e A Chief Justice and
distraction to enable him to fully attend to the e 14 Associate Justices.
performance of his official duties and functions.
Unlike the legislative and judicial branch, only Qualifications (SC Justice)
one constitutes the executive branch and e Natural-born citizen of the Philippines.
anything which impairs his usefulness in the e Atleast forty years of age,
discharge of the many great and important e Must have been for fifteen years or more, a
duties imposed upon him by the Constitution judge of a lower court or engaged in the
necessarily impairs the operation of the practice of law in the Philippines
Government. (G.R. 183871, 2010, Rubrico vs.
GMA) Case: The prohibition against the President
making appointments within two months before
Case: The President enjoys immunity from suit the next presidential elections and up to the end
during his or her tenure of office or actual of the President's term does not refer to the
incumbency. Conversely, this presidential Members of the Supreme Court. (G.R. 191002,
privilege of immunity cannot be invoked by a 2010 De Castro vs. JBC.
non-sitting president even for acts committed
during his or her tenure. It must be underscored, Constitutional Limitations and Safeguards for
however, that since her tenure of office has the Courts
already ended, former President Arroyo can no
longer invoke the privilege of presidential The absence of "independence" would result in
immunity as a defense to evade judicial the impairment of the Court’s core functions.
determination of her responsibility or Thus, some limitations, and safeguards.
accountability for the alleged violation or
threatened violation of the right to life, liberty a. The Supreme Court is a constitutional body. It
and security of Lozada. (G.R. 184379-80, 2012, cannot be abolished nor may its membership or
Lozada vs. GMA) the manner of its meetings be changed by mere
legislation.
Note: Immunities or special procedural rules
which may attach to the official capacity of a b. The members of the judiciary are not subject
person, whether under national or international to confirmation by the Commission on
law, shall not bar the Court from exercising its Appointments.
jurisdiction over such a person. (Art 27 - Rome
Statute of the International Criminal Court) c. Removal by impeachment only for Justices of
the SC, and by the SC en banc for lower court
judges.
Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 34
 e. Congressional Power over Jurisdiction of the
Case: A public officer who under the Constitution Supreme Court - The appellate jurisdiction
is required to be a Member of the Philippine Bar No law shall be passed increasing the
as a qualification for the office held by him and appellate jurisdiction of the Supreme Court
who may be removed from office only by as provided in this Constitution without its
impeachment, cannot be charged with advice and concurrence. (Section 30, Art VI)
disbarment. (A.M. No. 88-4-5433 - April 15, 1988
in re first indorsement from Honorable Raul M. Case: Sec. 27 of RA 6770, which authorizes an
Gonzalez) appeal to this Court from decisions of the Office
of the Ombudsman in administrative disciplinary
But.. cases, was declared violative of the proscription
in Sec. 30, Art. VI, of the Constitution against a
Impeachment is not an exclusive remedy by law which increases the appellate jurisdiction of
which an invalidly appointed or invalidly this Court without its advice and consent. (G.R..
elected impeachable official may be 133715, 2000 Villavert vs. Desierto)
removed from office. Art Xi provides that
the Members of the Supreme Court, “may” f. Administrative supervision over all lower
be removed from office on impeachment courts and their personnel
We have consistently held that the term The Supreme Court shall have administrative
"may" is indicative of a mere possibility, an supervision over all courts and the personnel
opportunity or an option. An option to thereof. (Section 6. Art VIII)
remove by impeachment admits of an
alternative mode of effecting the removal. g. Exclusive power to discipline judges of lower
(Republic vs. Sereno. G.R. No. 237428, May courts
11,2018) The Supreme Court en banc shall have the
power to discipline judges of lower courts, or
In relation to Republic v. Sereno, it is order their dismissal by a vote of majority of
| important to note that “no doctrine or the Members who actually took part in the
principle of law laid down by the court in a deliberations on the issues in the case and
decision rendered en banc or in division may voted in thereon. (Art VII Section 11)
| be modified or reversed except by the court
sitting en banc (Art VIII)”. All cases which shall h. Security of tenure
be heard by the Supreme Court EN BANC, shall The Members of the Supreme Court and
be decided with the concurrence of a judges of the lower court shall hold office
MAJORITY of the Members who actually took during good behavior until they reach the
part in the deliberations on the issues in the age of seventy years or become
case and voted thereon. Note that Justice incapacitated to discharge the duties of their
Martires only concurred as to the result in office. (Art VIII Section 11)
Republic v. Sereno. This may have implication Section 2 xxx No law shall be passed
on the reversal of A.M. No. 88-4-5433 reorganizing the Judiciary when it
undermines the security of tenure of its
d. Congressional Power over Jurisdiction of the Members. (Art VIII)
Supreme Court - Minimum original and appellate
jurisdiction i. To not be designated to any agency performing
The Congress shall have the power to define, quasi-judicial or administrative functions
prescribe, and apportion the jurisdiction of The Members of the Supreme Court and of
the various courts but may not deprive the other courts established by law shall not be
Supreme Court of its jurisdiction over cases designated to any agency performing quasi-
enumerated in Section 5 hereof. (Sec. 2, Art judicial or administrative function. Art VIII,
vii) Section 12.)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 35

Case: When the Supreme Court, as PET, resolves e The Supreme Court has the power to “assign
a presidential or vice-presidential election temporarily judges of lower courts to other
contest, it performs what is essentially a judicial stations as public interest may require. Such
power. (G.R. 191618, 2010 Macalintal vs. PET) temporary assignment shall not exceed six
months without the consent of the judge
j. Salaries of judges may not be reduced concerned.” (Sec 5, Art VIII)
e The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and n. Appoint all officials and employees of the
of judges of lower courts shall be fixed by judiciary
law. During the continuance in office, their e The Supreme Court has the power to appoint
salary shall not be decreased. (Art VIII, Sec all officials and employees of the Judiciary in
10) accordance with the Civil Service Law. (Sec 5,
Art VIII)
Case: We accord due respect to the intent of the
people, through the discussions and 0. Order a change of venue or place of trial to
deliberations of their representatives, in the avoid miscarriage of justice
spirit that all citizens should bear their aliquot oe The Supreme Court has the power to order a
part of the cost of maintaining the government change of venue or place of trial to avoid a
and should share the burden of general income miscarriage of justice. (Art VIII)
taxation equitably. (G.R. 78780, 1987. NITAFAN,
vs. CIR) Judicial Power

k. Fiscal autonomy Scope:

e The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be i. Judicial Power: Settle actual controversies
reduced by the legislature below the amount involving rights which are legally demandable
appropriated for the previous year and, after and enforceable.
approval, shall be automatically and
regularly released. (Sec 3, Art VIII) ii. Expanded Concept Determine whether or not
there has been a grave abuse of discretion
L. Rule Making Power amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the
e The Supreme Court has the power to Government. (Section 1, Art VIII)
“Promulgate rules concerning the protection
and enforcement of constitutional rights, Case: The Constitution states that judicial
pleading, practice, and procedure in all power includes the duty of the courts of
courts, the admission to the practice of law, justice not only "to settle actual controversies
the integrated bar, and legal assistance to involving rights which are legally demandable
the under-privileged. Such rules shall and enforceable" but also "to determine
provide a simplified and inexpensive whether or not there has been a grave abuse
procedure for the speedy disposition of of discretion amounting to lack or excess of
cases, shall be uniform for all courts of the jurisdiction on the part of any branch or
same grade, and shall not diminish, increase, instrumentality of the Government." It has
or modify substantive rights. Rules of thereby expanded the concept of judicial
procedure of special courts and quasi- power, which up to then was confined to its
judicial bodies shall remain effective unless traditional ambit of settling actual
disapproved by the Supreme Court.” (Sec 5, controversies involving rights that were
Art VIII) legally demandable and enforceable. (Araullo
v. Aquino G.R. 209287, 2014)
m. Temporary detail of judges

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 36

 Jurisdiction of the Supreme Court
Report by the Judiciary
I. Original jurisdiction
The Supreme Court shall, within thirty days from
e (Cases affecting ambassadors, other public the opening of each regular session of the
ministers and consuls, and Congress, submit to the President and the
e Petitions for certiorari, prohibition, Congress an annual report on the operations and
mandamus, quo warranto, and habeas activities of the Judiciary. (Sec 16, Art VIII)
corpus (Sec S, Art VIII)
Sitting and Voting
II. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of Manner
Court may provide, final judgments and orders of e EnBancor
lower courts e In its discretion, in division of three, five, or
seven Members.
e All cases in which the constitutionality or
validity of any treaty, international or Case: There is but “one Supreme Court” of the
executive agreement, law, presidential Philippine Islands. It is the jurisdiction of this
decree, proclamation, order, instruction, Supreme Court which cannot be diminished. The
ordinance, or regulation is in question. Supreme Court remains a unit notwithstanding it
e All cases involving the legality of any tax, works in divisions. Although it may have
impost, assessment, or toll, or any penalty divisions, it is but a single court. Actions
imposed in relation thereto. considered in any one of these divisions and
e All cases in which the jurisdiction of any decisions rendered therein are, in effect, by the
lower court is in issue. same (Tribunal. G.R. L-32723 October 15, 1930
e All criminal cases in which the penalty People vs. Tria)
imposed is reclusion perpetua or higher.
e All cases in which only an error or question A decision or resolution of a Division of the
of law is involved (Sec 5, Art VIII) Court, when concurred in by a majority of its
Members who actually took part in the
Ill. Review, in an appropriate proceeding filed by deliberations on the issues in a case and voted
any citizen, the sufficiency of the factual basis of thereon, and in no case without the concurrence
the proclamation of martial law or the of at least three of such Members, is a decision
suspension of the privilege of the writ or the or resolution of the Supreme Court. The Court En
extension thereof, and must promulgate its Banc is not an Appellate Court to which decisions
decision thereon within thirty days from its filing. or resolutions of a division may be appealed.”
Sec 18, Art VII) (Circular No. 2-89 February 7, 1989)

IV. The Supreme Court, sitting en banc, shall be Case: No doctrine or principle of law laid down
the sole judge of all contests relating to the by the Supreme Court en banc or its Divisions
election, returns, and qualifications of the may be modified or reversed except by the Court
President or Vice-President, and may sitting en banc. Reasons of public policy, judicial
promulgate its rules for the purpose. (Art VII, sec orderliness, economy, judicial time, and
4, par 7) interests of litigants, as well as the peace and
order of society, all require that stability be
V. Unless otherwise provided by this accorded the solemn and final judgments of the
Constitution or by law, any decision, order, or courts or tribunals of competent jurisdiction.
ruling of the COA, CSC and COMELEC may be (G.R. 140743 & 140745 September 17, 2009 City
brought to the Supreme Court on certiorari by Gov.t of Tagaytay vs. Guerrero)
the aggrieved party within thirty days from
receipt of a copy thereof. (Sec 7, Art IX, A) En Banc cases

Constitutional Law Review - 2023 Atty. Edgar B. Pascua ll 37

e All cases involving the constitutionality of a majority cannot be had, the case shall again
treaty, international or executive be deliberated on, and if after such
agreement, or law; (sec 4, Art VIII) deliberation no decision is reached, the
e Those involving the constitutionality, ORIGINAL ACTION commenced in the court
application, or operation of presidential shall be dismissed, in APPEALED CASES, the
decrees, proclamations, orders, instructions, judgment or order appealed from shall stand
ordinances, and other regulations; (sec 4, Art affirmed; and on all incidental matters, the
VII) petition or motion shall be denied.
e All other cases which under the Rules of e Criminal Procedure: When the Supreme
Court are required to be heard en banc; (sec Court en banc is equally divided in opinion or
4, Art VIII) the necessary majority cannot be had on
e (Cases or matters heard by a division when whether to acquit the appellant, the case
the required number is not obtained; (sec 4, shall again be deliberated upon and if no
Art VIII) decision is reached after re-deliberation, the
® The Supreme Court en banc shall have the judgment of conviction of the lower court
power to discipline judges of lower courts, or shall be reversed and the accused acquitted.
order their dismissal; (sec 11, Art VIII)
e The Supreme Court may review, in an 2. In DIVISIONS.
appropriate proceeding filed by any citizen, Cases or matters heard by a division shall be
the sufficiency of the factual basis of the decided or resolved with the concurrence of a
proclamation of martial law or the majority of the Members who actually took part
suspension of the privilege of the writ or the in the deliberations on the issues in the case and
extension thereof, and must promulgate its voted thereon, and in no case without the
decision thereon within thirty days from its concurrence of at least three of such Members.
filing; (sec 18, Art VII) e¢ When the required number is not obtained,
e The Supreme Court, sitting en banc, shall be the case shall be decided en banc:
the sole judge of all contests relating to the e No doctrine or principle of law laid down by
election, returns, and qualifications of the the court in a decision rendered en banc or
President or Vice-President, and may in division may be modified or reversed
promulgate its rules for the purpose. (sec 4, except by the court sitting en banc.
Art VII)
Division of | » 4 if all are present,
Voting 7 « if 6 are present, the majority is 4
members | * if 5 are present, the majority is 3 |
1. EN BANC.
| «if 4 are present, the majority is 3 |
All cases which shall be heard by the Supreme
* 3 are present, there is no quorum
Court en banc, shall be decided with the
Division of | 3 votes are required, although all,
concurrence of a majority of the Members who
5 or 4 or 3 are present
actually took part in the deliberations on the
members
issues in the case and voted thereon
Division of | All the 3 must vote
e The quorum of fifteen being eight, the
3
lowest possible votes for a concurrence is
members |
thus that of five members. This increases as
Note: in no case shall a decision be without the 1
the number of those who actually
concurrence of at least three of such Members
participated likewise increases.
e Members who abstained is deemed to have
Requirement as to Decisions of the Supreme
voted, as abstention is a form of vote casting
Court

Where the court en banc is equally divided in

Requirements
opinion:
e After Consultation
# Civil Procedure: Where the court en banc is
equally divided in opinion, or the necessary
Constitutional Law Review - 2023 Atty. Edgar 8. Pascua ll 38
e Assignment to a ponente who will write the clearly and distinctly the facts and the law on
decision expressing therein clearly and which it is based," this rule applies only to a
distinctly the facts and the law on which it is decision of a court of justice, not the Toll
based. Regulatory Board (G.R. 141949, 2002,
e Issuance of a certification to this effect Padua, vs. Ranada)
signed by the Chief Justice, a copy thereof
attached to the record of the case and Mandatory Period for Deciding on Cases
served upon the parties.
e Statement of the reasons by any Member a. Generally
who took no part, or dissented, or abstained e (Cases or matters must be decided or
resolved within (Upon the filing of the last
As part of Due Process, no decision shall be pleading, brief, or memorandum required by
rendered by any court without expressing the Rules of Court or by the court itself.) 24
therein clearly and distinctly the facts and the months from date of submission for the
law on which it is based. Supreme Court
b. “Within thirty days from its filing”
For Motions for Reconsiderations or e The Supreme Court on the appropriate
Modifications of Judgment proceeding sufficiency to determine the
e Case: “If such decision had to be completely factual basis of the proclamation of martial
overturned or set aside, upon the filing of a law or the suspension of the privilege of the
motion for reconsideration, in a subsequent writ or the extension thereof
action via a resolution or modified decision,
such resolution or decision should likewise Lower Courts
state the factual and legal foundation relied
upon. The reason is obvious: aside from Case: In creating a lower court, Congress
being required by the Constitution, the court concomitantly determines the jurisdiction of
should be able to justify such a sudden that court, and that court, upon its creation,
change of course; it must be able to becomes by operation of the Constitution one of
convincingly explain the taking back of its the repositories of judicial power. However, only
solemn conclusions and pronouncements in the Court is a constitutionally created court, the
the earlier decision.” (G.R. No. 88954, 1992 rest being created by Congress in its exercise of
Mangelen, vs. CA) the legislative power. (Araullo v. Aquino Ill, G.R.
209287, 2014)
By Quasi-Judicial and Administrative Bodies
e Case: We again remind those concerned that Qualifications
decisions, however concisely written, must 1. Members of lower collegiate courts
distinctly and clearly set forth the facts and e Natural born citizen of the Philippines
law upon which they are based. This rule eo Member of the Philippine bar
applies as well to dispositions by quasi- ® Possesses other qualifications prescribed by
judicial and administrative bodies. (G.R. Law )
116123, 1997 Naguiat vs. NLRC) eo Person of proven competence, integrity,
probity and independence.
However...
. Judges of lower non-collegiate courts:
NN

e Case: Petitioner Zialcita faults the TRB for Citizen of the Philippines
«80

not stating the facts and the law on which Member of the Philippine Bar
Resolution No. 2001-89 is based. Petitioner Possesses other qualifications prescribed by
is wrong. Suffice it to state that while Section Law
14, Article Vill of the 1987 Constitution e Person of proven competence, integrity,
provides that "no decision shall be rendered probity and independence
by any court without expressing therein
Constitutional Law Review - 20213 Atty. Edgar B. Pascua ll 39
Salaries continuous trail on a weekly or other
The salary of judges of lower courts shall be fixed short-term trial calendar at the earliest
by law. During the continuance in office, their possible time so as to ensure speedy
salary shall not be decreased. (Sec 10, Art VIII) trial. In no case shall the entire trial period
exceed the prescribed period, except as
Security of tenure otherwise authorized by the Supreme
e The judges of the lower court shall hold Court.
office during good behavior until they reach e Judicial Affidavits.
the age of seventy years or become
incapacitated to discharge the duties of their The Judicial and Bar Council
office. (Sec 11, Art VIII)
e No law shall be passed reorganizing the Composition
Judiciary when it undermines the security of Ex-Officio
tenure of its Members.(Section 2, Par 2, Art e Chief Justice - ex officio Chairman,
VIII) e The Secretary of Justice and a representative
of the Congress - ex officio Members
Removal Regular
The Supreme Court en banc shall have the power e Arepresentative of the Integrated Bar,
to discipline judges of lower courts, or order e A professor of law,
their dismissal by a vote of majority of the e Aretired Member of the Supreme Court, and
Members who actually took part in the e Arepresentative of the private sector.
deliberations on the issues in the case and voted Secretary ex-officio. [Art. VIII, Sec. 8(3)]
in thereon. (Sec 11, Art VIII) oe (Clerk of the SC, who shall keep a record of its
proceeding
Jurisdiction
e The judicial power shall be vested in such Constitutional Commissions
lower courts as may be established by law.
Sec 1, Art VIII) Civil Service Commission. With the new
Administrative Code of 1987 (EO 292), the
Preparations of Decisions Commission is constitutionally mandated to
Generally, cases or matters must be decided or promote morale, efficiency, integrity,
resolved within - “Upon the filing of the last responsiveness, progressiveness, and courtesy in
pleading, brief, or memorandum required by the the Civil Service.
Rules of Court or by the court itself.”
e Unless reduced by the Supreme Court, 12 Composition
months for all lower collegiate courts, and A Chairman and two Commissioners
e¢ 3 months for all other lower courts.
Qualifications
"Rules for Expeditious Resolution of Cases, e Natural-born citizens of the Philippines
Examples e At the time of their appointment, at least
eo The Rule of Procedure For Small Claims thirty-five years of age,
Cases — After the hearing, the court shall e Proven capacity for public administration,
render its decision on the same day, based and must not have been candidates for any
on the facts established by the evidence . elective position in the elections
The decision shall immediately be entered immediately preceding their appointment
by the Clerk of Court in the court docket
for civil cases and a copy thereof forthwith Commission on Elections. The principal
served on the parties. government agency tasked by the Constitution
e¢ Continuous Trial - The court shall, after to enforce and administer all laws and
consultation with the prosecutor and regulations concerning the conduct of regular
defense counsel, set the case for and special elections.
Constitutional Law Reviews - 2023 Atty. Edgar B. Pascua ll 40
 exercise of its own discretion. Its decisions,
Composition orders and rulings are subject only to review on
A Chairman and six Commissioners certiorari by the Court as provided by Section 7,
Article IX-A of the 1987 Constitution. (G.R.
Qualifications 191672, 2014, Funa vs. Chairman, Civil Service
* Natural-born citizens of the Philippines and Commission)
» at the time of their appointment, at least
thirty-five years of age, Safeguards for Independence
* holders of a college degree, and a. They are CONSTITUTIONALLY CREATED, and
* must not have been candidates for any thus cannot be abolished by statute
elective positions in the immediately e The effectivity of these body is dependent on
preceding elections. its freedom from the tentacles of politics. —
* However, a3 majority thereof, including the (Bernas)
Chairman, shall be members of the
Philippine Bar who have been engaged in the b. Each is expressly described as INDEPENDENT
practice of law for at least ten years e The Constitutional Commissions, which shall
be independent, are the Civil Service
Commission on Audit. Empowered to examine, Commission, the Commission on Elections,
audit, and settle all accounts pertaining to the and the Commission on Audit. (Sec 1, Art IX.
revenue and receipts of, and expenditures or A)
uses of funds and property, owned or held in
trust by, or pertaining to, the Government, or c. Each is conferred with certain POWERS and
any of its subdivisions, agencies, or functions which CANNOT BE REDUCED by statute
instrumentalities, including government-owned
or controlled corporations with original charters. d. In no case shall any Member of the
Commissions be appointed or designated in a
Composition temporary or acting capacity
A Chairman and two Commissioners e (Case: A designation as Acting Chairman is by
its very terms essentially temporary and
Qualifications therefore revocable at will. No cause need
* Natural-born citizens of the Philippines be established to justify its revocation. The
» Certified Public Accountants with not less Constitution provides for many safeguards
than ten years of auditing experience, or to the independence of the Commission on
members of the Philippine Bar who have Elections, foremost among which is the
been engaged in the practice of law for at security of tenure of its members. That
least ten year guarantee is not available to the respondent
* At no time shall all Members of the as Acting Chairman of the Commission on
Commission belong to the same profession Elections by designation of the President of
* Must not have been candidates for any the Philippines.” (Brillantes vs. Yorac, 192
elective position in the elections SCRA 358 - 1990).
immediately preceding their appointment
e. The chairmen and the members cannot be
Independence of the Commission removed except by IMPEACHMENT (Art 10 sec
2).
Case: Although their respective functions are
essentially executive in nature, they are not f. The Chairmen and the members are given a
under the control of the President of the FAIRLY LONG TERM of 7 years
Philippines in the discharge of such functions.
Each of the Constitutional Commissions g. The chairmen and members may not be re-
conducts its own proceedings under the appointed
applicable laws and its own rules and in the

Constitutional Law Review - 2023 Alty. Edgar B. Pascua Il 41

e Appointed by the President with the consent |. The commissions may APPOINT their own
of the Commission on Appointments. officials (and employees) in accordance with the
(“Other officers whose appointments are civil service law (sec 4, Art IX-A)
vested in him in this Constitution”)
e No re-appointments are allowed. Is the Commission on Human Rights a
e The Chairmen and the Commissioners shall Constitutional Commission?
be appointed by the President with the e Mandated to conduct investigations on
consent of the Commission on human rights violations against
Appointments for a term of seven years marginalized and vulnerable sectors of
without reappointment the society, involving civil and political
rights
h. The SALARIES of the chairmen and the eo Under the 1987 Constitution, the CHR is
members are relatively HIGH and may NOT BE an "independent office” but is not
DECREASED during their continuance in office. among the 3 constitutional commissions
listed in Article IX, which are fiscally
i. They enjoy FISCAL AUTONOMY. autonomous. The CHR, created by a
separate provision in the Constitution,
j. Each commission may PROMULGATE its own has a limited fiscal autonomy.
procedural rules, provided that they do not
diminish, increase or modify substantive rights.
Part 4
e (Case: The Court considered even the mere CONSTITUTION OF SOVEREIGNTY.
review of the rules of the Commission on
Elections by Congress a "trampling" of the The Amending Process
constitutional mandate of independence of
this body. (Macalintal v. Comelec. 453 Phil. Amendment. An addition or change within the
586, 658-659, 2003) lines of the original instrument as will effect an
improvement, or better carry out the purpose
k. The chairmen and the members are subject to for which it was framed, a change that adds,
certain DISQUALIFICATIONS calculated to reduces, or deletes without altering the basic
strengthen their integrity principle involved, and generally affects only the
e They MAY NOT specific provision being amended. (G.R. 174153,
© Hold any other office or employment. 2006, Lambino vs. Comelec)
o Engage in the practice of any profession or
in the active management or control of any Revision. Implies a change that alters a basic
business which, in any way, may be principle in the constitution like altering the
affected by the functions of his office. principle of separation of powers or the system
o Be financially interested, directly or of checks-and-balances, or alters the substantial
indirectly, in any contract with, or in any entirety of the constitution, as when the change
franchise or privilege granted by the affects substantial provisions of the constitution
Government, any of its subdivisions, (Lambino vs. Comelec)
agencies, or instrumentalities, including
GOCCs or their subsidiaries. (Art IX A) Amendment Or Revision? Tests.
e Further, during his tenure, the President's, (Lambino vs. Comelec)
spouse and relatives by consanguinity or e¢ The QUANTITATIVE TEST asks whether the
affinity within the fourth civil degree shall proposed change is "so extensive in its
not, be appointed as Members of the provisions as to change directly the
Constitutional Commissions (Sec 13. Par 2. - ‘substantial entirety’ of the constitution by
Art VII) the deletion or alteration of numerous
existing provisions." The court examines only

Constitutiond! Lav Review - 7023 Atty. Ldgar 8. Pascua ll 4?

 the number of provisions affected and does a.1 INITIATIVE ON THE CONSTITUTION which
not consider the degree of the change. refers to a petition proposing amendments to
e The QUALITATIVE TEST inquires into the the Constitution;
qualitative effects of the proposed change in a.2. INITIATIVE ON STATUTES which refers to a
the constitution. The main inquiry is whether petition proposing to enact a national legislation;
the change will "accomplish such far and
reaching changes in the nature of our basic 3.3. INITIATIVE ON LOCAL LEGISLATION which
governmental plan as to amount to a refers to a petition proposing to enact a regional,
revision." provincial, city, municipal, or barangay law,
resolution or ordinance.
Amendments of revisions to the Constitution)
e Sec. 1. Any amendment to, or revision of, this R.A. No. 6735 is incomplete, inadequate, or
Constitution may be proposed by: wanting in essential terms and conditions insofar
o The Congress, upon a vote of three- as initiative on amendments to the Constitution
fourths of all its Members, or is concerned.
o A constitutional convention. (ART XVII)
Case: R.A. 6735 intended to include the system
® Sec. 2. Amendments to this Constitution may of initiative on amendments to the constitution,
likewise be directly proposed by the people but is, unfortunately, inadequate to cover that
through initiative (ARTI XVII) system. COMELEC cannot validly promulgate
rules and regulations to implement the exercise
Case: “The people's initiative is not meant of the right of the people to directly propose
for revisions of the Constitution but only for amendments to the Constitution through the
amendments.” (Lambino vs. Comelec) system of initiative. It does not have that power
under R.A. No. 6735. COMELEC should be
Case: Respondents exceeded their authority permanently enjoined from entertaining or
by the mere act of guaranteeing taking cognizance of any petition for initiative on
amendments to the Constitution. Neither amendments to the Constitution until a
the GRP Peace Panel nor the President sufficient law shall have been validly enacted to
herself is authorized to make such a provide for the implementation of the system.
guarantee. Upholding such an act would (G.R. 127325, 1997 Santiago vs. Comelec)
amount to authorizing a usurpation of the
constituent powers vested only in Congress,
ATTY. EDGAR PASCUA Il is an alumnus of the Ateneo de Davao University, having finshed
a Constitutional Convention, or the people therein his AB Philosophy (1994) and Bachelor of Laws (2003). He studied with the Ateneo
Graduate School's Masters In Business Adminkstration Program from 1996 to 1998,
themselves through the process of initiative, Since 1995, he has been serving as a faculty member of the Humanities and Letters Cluster of
for the only way that the Executive can the Ateneo de Davao University, as 3 specialist in business ethics, bioethics, philosophy of
religion, philosophy of the human person, oriental philosophy, logic and critical thinking as
well 25 Law on Mass Media. At present, he is a professor of the College of law of the same
ensure the outcome of the amendment University, with specific specialization in Constitutional Law. He is active In law practice, in
Davao City, as a former associate of the Aportadera & Aportadera Law office (2005 to 2009).
process is through an undue influence or and a senior partner and co-founder of “Kintanar & Pascua, Lawyers”, Davao City (2011 to
present)
interference with that process. (G.R. 183591,
He co-wrote "Logical Thinking, A companion to the Science of Correct Reasoning” (First and
2008, Province of North Cotabato vs. GRP) Second Editions), as published by the Ateneo Research and Publication Office, and “Elements
of Logic, An Integrative Approach” (First and Second Editions) as published and distributed by
Rex Bookstore.

Republic Act No. 6735 (August 4, 1989) Atty. Pascua assumed the position of University Registrar for Tertiary Education of the Ateneo
de Davao University on August 1. 2011, and concurrently its University Data Protection Officer
on September 2018.
“The Initiative and Referendum Act”

"Initiative" is the power of the people to propose

amendments to the Constitution or to propose
and enact legislations through an election called
for the purpose.

There are three (3) systems of initiative, namely:

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 43

 Congressional Voting / Sessions

| 1/5
SENATE
JOURNAL ENTRY. Section 16. yeas and nays on any question |
JOINT
ALL
| shall, at the request of one-fifth of the Members present, be
| | entered in the Journal (VI)

3 IMPEACHMENT. Section 3. A |
| vote of at least one-third of all
| | the Members of the House shall
| | be necessary either to affirm a
favorable resolution with the
Articles of Impeachment of the
| Committee, or override its
| contrary resolution. (XI)

Majority | LEADERSHIP. Section 16. The Senate shall elect its President | PROLAMATION OR SUSPENSION. CON CON. Section 3. The Congress ... by
(50% and the House of Representatives, its Speaker, by a majority | Section 18. The Congress, voting a majority vote of all its Members, submit
| +1) vote of all its respective Members (VI) jointly, by a vote of at least a majority to the electorate the question of calling
of all its Members in regular or special such a (constitutional) convention. (XVII)
Note: Sec 16. A majority of each House shall constitute a session, may revoke such proclamation
quorum to do business, but a smaller number may adjourn or suspension, which revocation shall TAX. Section 28. No law granting any tax
from day to day and may compel the attendance of absent not be set aside by the President. Upon exemption shall be passed without the
Members in such manner, and under such penalties, as such the initiative of the President, the concurrence of a majority of all the
House may provide.(VI) Congress may, in the same manner, Members of the Congress.(VI)
extend such proclamation or
| BILLS. Each House of Congress has the power to approve bills suspension for a period to be AMNESTY. Section 19. ...(The President) |
by a mere majority vote, provided there is quorum. determined by the Congress, if the shall also have the power to grant |
invasion or rebellion shall persist and amnesty with the concurrence of a|
TIE: Section 4) The person (Presidential Election) having the public safety requires it. (VI) majority of all the Members of the |
highest number of votes shall be proclaimed elected, but in Congress.(VIl) |
case two or more shall have an equal and highest number of
votes, one of them shall forthwith be chosen by the vote of
a majority of all the Members of both Houses of the
Congress, voting separately. (VII)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il

44
 VICE PRESIDENT Section 9. Whenever there is a vacancy in
the Office of the Vice-President during the term for which he
was elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation
by a majority vote of all the Members of both Houses of the
Congress, voting separately.(VIl)

2/3 DISCIPLINE Section 16 Each House may .. punish its WAR. Section 23. The Congress, by a I CON CON. Section 3. The Congress may,
Members for disorderly behavior, and, with the concurrence vote of two-thirds of both Houses in | by a vote of two-thirds of all its Members,
of two-thirds of all its Members... (VI) joint session assembled, voting call a constitutional convention (XVII)
separately, shall have the sole power to
OVERRIDE. Section 27. If, after such reconsideration, two- | declare the existence of a state of
thirds of all the Members of such House (where the bill | war.(VI)
originated) shall agree to pass the (vetoed) 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. (VI)

IMPEACHMENT. Section
3. No person shall be
convicted without the
concurrence of two-
thirds of all the Members
of the Senate. (XI)

TREATIES. Section 21. No

treaty or international
agreement shall be valid
and effective unless
concurred in by at least
two-thirds of all the
Members of the
Senate.(VII)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 45

 | Section 4. All existing
| treaties or international
agreements which have |
| not been ratified shall
| not be renewed or
extended without the |
concurrence of at least
two-thirds of all the |
Members of the Senate. |
(Xvi)
I . |
FITNESS OF THE PRESIDENT. Section 11. If the Congress, |
within ten days after receipt of the last written declaration,
| or, if not in session, within twelve days after it is required to
| assemble, determines by a two-thirds vote of both Houses,
voting separately, that the President is unable to discharge
| the powers and duties of his office, the Vice-President shall
| act as President; otherwise, the President shall continue |
| exercising the powers and duties of his office. (VII)
|
3/4 | AMENDMENT. Section 1. Any
amendment to, or revision of, this
Constitution may be proposed by ..The
Congress, upon a vote of three-fourths of
all its Members; ...(XVII)

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il

 Qualifications Summary
COA, Comelec, CSC
Compo sition Qualfications Appointme Others
Common Secific nt &Tem
CSC * a Chairman and naturalborn czens of wth proven capacty for Fppoirted by the
two the Philippines, public admini gration, and President wth the
Commissioners at the tme of ther ono of the
appointment, at least Commission on
COMELEC + A Chairman and thitydive yearsof age, | o holders of a college | Appointments for a
SIX mud not have been degree, and tem of seven years
Commissioners candidates for any | o Howewer, a majortty | “tout reappointment
elective postions in thereof, including the
the immediately Chaiman, shall be
preceding elections members of the Philippine
Bar who haw been
enqaaed in the practice of
lawforat leastten years

COA * a Chainman and o Certfied Public Atno time

tro Accountants wth not less shall all
Commissioners than ten years of audtting Members of
expenence, or members of the
the Philippine Bar who Commission
have been engaged in the belong to the
practice of law for atleast same
ten years profession

Constitutional Law Review - 2023 Atty. Edgar B. Pascua Il 47