3 Branches - Reviewer Final Print

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Sections 2-4. SENATE

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Composition 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Qualifications

Definition of Legislative Power: The authority to make laws and to alter or repeal them. Classification of legislative power: (O De CO)

1. Original - Possessed by the people in their sovereign capacity

2. De legated – Possessed by Congress and other legislative bodies by virtue of the Constitution

3. Constituent - The power to amend or revise the 4. Note:

Constitution Ordinary - The power to pass ordinary laws

1. Natural-born citizen; 2. At least 35 years old on the day of election; 3. Able to read and write; 4. A registered voter; and 5. Philippine resident for at least 2 years immediately preceding the day of the election Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications. Term of Office:

6 years, commencing (unless otherwise provided by law) at The original legislative power of the people is noon, 30 June next following their election. exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local Term Limitations: government unit. 1. No Senator shall serve for more than 2 consecutive Limits on the legislative power of Congress: terms 2. Voluntary renunciation of office for any length of 1. Substantive – limitations on the content of laws. E.g. time shall not be considered as an interruption in the no law shall be passed establishing a state religion. continuity of his service for the full term for which he was elected. 2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three Sections 5-7. HOUSE OF REPRESENTATIVES separate days. Composition: Note: Provided that these two limitations are not 1. Not more than 25 members, unless otherwise fixed exceeded, Congress’ legislative power is plenary. by law; and 2. Party-list Representatives Corollaries of legislative power: Election of 250 members 1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by the 1. They shall be elected from legislative districts Constitution, any attempt to limit the powers of future apportioned among the provinces, cities and the Congresses Metropolitan Manila area. via an irrepealable law is not allowed. 2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on 2. Congress, as a general rule, cannot delegate its the basis of a uniform and progressive ratio. legislative power. Since the people have already delegated legislative power to Congress, the latter cannot delegate it a. Each district shall comprise, as far as practicable, any further. contiguous, compact and adjacent territory; b. Each city with at least 250,000 inhabitants will be EXCEPTIONS: entitled to at least one representative. c. Each province will have at least one representative 1. Delegation of legislative power to local government units; d. Legislative districts shall be re-apportioned by 2. Instances when the Constitution itself allows for such Congress within 3 years after the return of each delegation [see Art. VI Sec 23(2)] census. According to Jack, however, while the apportionment of districts is NOT a political What may Congress delegate: question, the judiciary CANNOT compel Congress to do this Congress can only delegate, usually to administrative e. The standards used to determine the apportionment agencies, RULE-MAKING POWER or LAW EXECUTION. of legislative districts is meant to prevent This involves either of two tasks for the administrative ‘gerrymandering’, which is the formation of a agencies: legislative district out of separate territories so as to favor a particular candidate or party 1. “Filling up the details” on an otherwise complete statute; or Qualifications 2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation 1. Natural born citizen of the Philippines 2. At least 25 years old on the day of the election; Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

3. Able to read and write; 4. Registered voter in the district he seeks to represent; and 5. A resident of such district for at least one year immediately preceding the day of the election. Term of Office

Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

1. Each member of the House shall be elected for a Sec. 10. Salaries of Senators and Members of the House term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. 2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Determination of Salaries: Salaries of Senators and Members of the House of Representatives shall be determined by law. Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF No member of the House of Representatives shall ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH serve for more than three (3) consecutive terms. INCREASE Distinctions between Term and Tenure Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished legislators can 1. Definition appropriate for themselves other sums of money such as a. Terms means the period during which the travel allowances, as well as other side ‘benefits.’ Term Limitations

elected officer is legally authorized to assume his office and exercise the powers Sec. 11. CONGRESSION AL IMMUNITIES thereof 1.) Immunity from arrest b. Tenure is the actual period during a. Legislators are privileged from arrest while which such officer actually holds his Congress is “in session” with respect to position. offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from 2. Limitation/Possible Reduction arrest applies. a. Term CANNOT be reduced. b. If Congress is in recess, members thereof may b. Tenure MAY, by law, be limited. Thus, a be arrested provision which considers an elective office c. The immunity is only with respect to arrests and automatically vacated when the holder NOT to prosecution for criminal offenses. thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the 2.) Legislative privilege a. No member shall be questioned or held liable in officers tenure and NOT his constitutional term. any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. Party-List Representatives 1. Constitute 20% of the total number of b. Limitation on the privilege: representatives, including those under the party-list  Protection is only against forum other than system (thus a maximum of 50 party-list members of Congress itself. Thus for inflammatory the House) remarks which are otherwise privileged, a 2. However, for 3 consecutive terms from 2 February member may be sanctioned by either the 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 Senate or the House as the case may be. seats shall be allotted to sectoral representatives.  The ‘speech or debate’ must be made in Under Art. XVIII, Sec. 7, the sectoral performance of their duties as members of representatives are to be appointed by the Congress. This includes speeches President until legislation otherwise provides. delivered, statements made, votes cast, as 3. Mechanics of the party-list system: well as bills introduced, and other activities a. Registered organizations submit a list of done in performance of their official duties candidates in order of priority  Congress need NOT be in session when the b. During the elections, these organizations utterance is made, as long as it forms part are voted for at large of ‘legislative action,’ i.e. part of the c. The number of seats that each organization deliberative and communicative process gets out of the 20% allotted to the system used to participate in legislative depends on the number of votes they get. proceedings in consideration of proposed 4. Qualifications legislation or with respect to other matters a. Natural born citizen of the Philippines with Congress’ jurisdiction. b. At least 25 years of age on the day of the election Sec. 12. All Members of the Senate and the House of c. Able to read and write Representatives shall, upon assumption of office, Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

make a full disclosure of their financial and Sec. 16. Officers: business interests. They shall notify the House concerned of a potential conflict of interest that may 1. Senate President; arise from the filing of a proposed legislation of which 2. Speaker of the House; and they are authors. 3. Each House may choose such other officers as it may deem necessary Sec. 13 – 14. CONGRESSIONAL DISQUALIFICATIONS: Election of Officers

Disqualifications:

1. Senator/Member of the House cannot hold

2.

any other office or employment in the Quorum to do business: Government or any subdivision, agency or Instrumentality thereof, including GOCCS or 1. Majority of each House shall constitute a quorum their subsidiaries. 2. A smaller number may adjourn from day to day and may compel the attendance of absent members.  During his term. If he does so, 3. In computing a quorum, members who are outside he forfeits his seat the country and thus outside of each House’s coercive jurisdiction are not included. Legislators cannot be appointed to any Internal Rules: office.

 IF the office was created or the emoluments thereof increased during the term for which he was elected. 3.

Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 

4.

By a majority vote of all respective members

During his term of office

Discipline:

Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary. 

During his term of office

5. Legislators cannot intervene matter before any office government.

in of

1. Each House shall determine its own procedural rules. 2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress 3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require

1. Suspension a. Concurrence of 2/3 of ALL its members and b. Shall not exceed 60 days.

2. Expulsion  Concurrence of 2/3 of ALL its members. Congressional Journals and Records:

any the

 When it is for his pecuniary benefit or where he may be called upon to act on account of his office.

Sec. 15. REGULAR AND SPECIAL SESSIONS Regular Sessions:

1. Congress convenes once every year on the 4th

1. The Journal is conclusive upon the courts. 2. BUT an enrolled bill prevails over the contents of the Journal

3. An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. Adjournments:

1. Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House. Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.

2. Monday of July (unless otherwise provided for by law) 2. Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal Section 17: THE ELECTORAL TRIBUNAL holidays. The Senate and the House shall each have an Electoral Tribunal which shall be composed of: Special Sessions: Called by the President at any time when Congress is not in session

1. 3 Supreme Court Justices to be designated by the Chief Justice; & 2. 6 Members of the Senate or House, as the case

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

may be. The senior Justice in the Electoral Tribunal shall be its Chairman.

2. The CA shall act on all appointments within 30 3.

session days from their submission to Congress. The Commission shall rule by a majority vote of all the Members.

Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list organizations Jurisdiction Jurisdiction:

1. Each ET shall be the sole judge of all CONTESTS

2. 3.

relating to the election, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or even defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

1. CA shall confirm the appointments by the President with respect to the following positions:

a. Heads of the Executive Departments b. c. d.

(except if it is the Vice-President who is appointed to the post). Ambassadors, other public ministers or consuls Officers of the AFP from the rank of Colonel or Naval Captain: and Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2. Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA.

1.

3. Appointments extended by the President to the Since the ET’s are independent constitutional above-mentioned positions while Congress is not bodies, independent even of the House from in session shall only be effective until disapproval which the members are respectively taken, neither by the CA or until the next adjournment of Congress nor the Courts may interfere with Congress. procedural matters relating to the functions of the ET’s such as the setting of deadlines or filing their Meetings of the CA election contests with the respective ET’s.

2.

The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Neither may they be removed for not voting according to party lines, since they are acting independently of Congress.

3. The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both members from the SC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would not be able to fulfill its constitutional functions 4. Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process Section 18: THE COMMISSION ON APPOINTMENTS Composition: 1. Senate President as ex-officio chairman 2. 12 Senators; and 3. 12 Members of the House Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations

1. CA meets only while Congress is in session 2. Meetings are held either at the call of the Chairman or a majority of all its members

3. Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker Sections 21-22: LEGISLATIVE INQUIRIES Scope: 1. Either House or any of their committees may conduct inquires ‘in aid of legislation’ 2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation may be needed for purposes of proposing future legislation 3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’ This violates the principle of separation of powers and is beyond the scope of congressional powers Enforcement:

1. Since experience has shown that mere requests for information does not usually work, Congress has the inherent power to punish recalcitrant Voting/Action witnesses for contempt, and may have them incarcerated until such time that they agree to 1. The chairman shall only vote in case of a tie. testify. Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each ‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body 3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress’ powers. i.e. it is in aid of legislation 4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry 5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units unless they are expressly authorized to do so. Limitations: 1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry; and 2. The rights of persons appearing in or affected by such inquiries shall be respected Ex. The right against self-incrimination

a. By resolution of Congress or b. Upon the next adjournment of Congress Sections 24-27, 30-31 LEGISLATION Bills that must originate Representatives (Section 24) CODE: A R T Pu Lo P

from

the

House

of

1. Appropriation bills 2. Revenue bills 3. Tariff bills 4. Bills authorizing the increase of Public debt 5. Bills of local application 6. Private bills Note: The Senate may, however, propose or concur with amendments Appropriation bills 1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. 2. Thus, a bill enacting the budget is an appropriations bill 3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. Revenue Bill

Appearance by department heads before Congress: 1. Since members of the executive department are co-equals with those of the legislative department, under the principle of separations of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.

1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy. 2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill Bills of local application

2. Department heads may appear before Congress in the following instances: a. Upon their own initiative, with the consent of the President (and that of the House concerned); or b. Upon the request of either House (which cannot compel them to attend)

A bill of local application, such as one asking for the conversion of a municipality into a , is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version.

3. The appearance will be conducted in EXECUTIVE Limitations: SESSION when: a. Required by the security of state or required by 1. For appropriation bills public interest; and b. When the President so states in writing a. Congress cannot increase the appropriations Sections 23-24. DECLARATION OF WAR/EMERGENCY recommended by the President for the operation of POWERS the Government as specified in the budget Vote requirement: (to declare the existence of a state of war 1. 2/3 of both Houses, in joint session 2. Voting separately Emergency powers: 1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise powers necessary and proper to carry out a declared national policy. 2. Limitations: a. Powers will be exercised for a limited period only; and b. Powers will be subject to restrictions prescribed by Congress 3. Expiration of emergency powers

b. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates c. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies d. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal therein

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

e. Transfer of appropriations:  Rule: No law shall be passed authorizing any transfer of appropriations  BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations • President • President of the Senate • Speaker of the House of Representatives • Chief of Justice of the Supreme Court • Heads of the Constitutional Commissions f. Discretionary funds appropriated for particular officials shall be  Disbursed only for public purposes  Should be supported by appropriate vouchers; and  Subject to guidelines as may be prescribed by law. g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:  The GAB for the previous year is deemed reenacted  It will remain in full force and effect until the GAB is passed by Congress 2. For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress

bill is passed to the proper committee Second reading – Entire text is read and debates are held, and amendments introduced Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal Veto power of President 1. Every bill, in order to become a law, must be presented to and signed by the President 2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it 4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill 5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overriden and becomes a law without need of presidential approval. 6. Item veto a. The President may veto particular items in an appropriation, revenue or tariff bill b. This veto will not affect items to which he does not object c. Definition of item

3. For bills in general TYPE OF BILL ITEM a. Every bill shall embrace only one (1) subject, as 1. Revenue/tax bill Subject of the tax and expressed in the title thereof the tax rate imposed thereon 2. Appropriations bill Indivisible sum  As a mandatory requirement dedicated to a stated purpose  The title does not have to be a complete catalogue of everything stated in the bill. It d. Veto of RIDER is sufficient if the title expresses the general 1. A rider is a provision which does not subject of the bill and all the provisions of relate to a particular appropriation stated in the statute are germane to that general the bill subject 2. Since it is an invalid provision under  A bill which repeals legislation regarding the Section 25(2), the President may veto it as subject matter need not state in the title that an item it is repealing the latter. Thus, a repealing clause in the bill is considered germane to Specific limitations on legislation the subject matter of the bill. 1. No law shall be enacted increasing the Supreme b. Readings 1. In order to become a law, each bill Court’s appellate jurisdiction without the SC’s advice and must pass three (3) readings in both concurrence Houses. 2. No law shall be enacted granting titles of royalty or nobility 2. General rule: Each reading shall be held on separate days & printed copies thereof Section 28. POWER TO TAX in its final form shall be distributed to its Members three (3) days before its Limitations: passage. 1) The rule of taxation should be UNIFORM 3. Exception: If a bill is certified as urgent 2) It should be EQUITABLE by the President as to the necessity of its 3) Congress should evolve a PROGRESSIVE system of immediate enactment to meet a public taxation calamity or emergency, the 3 readings can 4) The power to tax must be exercised for a public purpose because the power exists for the general welfare be held on the same day. 5) The due process and equal protection clauses of 4. First reading – only the title is read; the the Constitution should be observed. Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

Delegation of power to fix rates

safety of clergymen.

1) Congress may, BY LAW, authorize the President to fix the following

d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions

a) Tariff rates b) Import and Export Quotas 3) Special Funds c) Tonnage and wharfage dues d) Other duties and imposts a) Money collected on a tax levied for a special Within the framework of the national development purpose shall be treated as a special fund and program of the Government paid out for such purpose only 2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose Constitutional tax exemptions:

b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government Section 32. INITIATIVE AND REFERENDUM

1) The following properties are exempt from REAL 1) Through the system of initiative and referendum, the PROPERTY taxes people can directly propose and enact laws or approve (CODE: Cha Chu M- C A) or reject any act or law or part thereof passed by the Congress or local legislative body a) Charitable institutions b) Churches, and parsonages or convents 2) Required Petition appurtenant thereto a) Should be signed by at least 10% of the total c) Mosques number of registered voters d) Non-profit cemeteries; and b) Every legislative district should be represented by e) All lands, buildings and improvements actually, at least 3% of the registered voters directly and exclusively used for religious, charitable, c) Petition should be registered or educational purposes 2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3)) 3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4)) Section 29. Power of the Purse 1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law. a) This places the control of public funds in the hands of Congress. b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation 2) Limitations a) Appropriations must be for a PUBLIC PURPOSE b) Cannot appropriate public funds or property, directly or indirectly, in favor of:  Any sect, church, denomination, or sectarian institution or system of religion or  Any priest, preacher, minister, or other religious teacher or dignitary as such EXCEPT if the priest, etc is assigned to: • the Armed Forces; or • any penal institution; or ARTICLE VII - THE EXECUTIVE DEPARTMENT • government orphanage; or • leprosarium Section 1. EXECUTIVE POWER c) BUT the government is not prohibited from Scope: appropriating money for a valid secular purpose, even if it incidentally benefits a religion, 1) Executive power is vested in the President of the e.g. appropriations for a national police force is Philippines. valid even if the police also protects the Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

2) The scope of this power is set forth in Art. VII of the c) Any person who has succeeded as President, Constitution. But this power is not limited to those set forth and served as such for more than 4 years shall NOT therein. The SC, in Marcos v. Manglapus, referred to the be qualified for election to the same office at any RESIDUAL powers of the President as the Chief Executive time. of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from 2) Vice-President: suit and criminal prosecution while he is in office. a) 6 years, starting and ending the same time as the 3) Privilege of immunity from suit is personal to the President President. and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. b) Term limitation: 2 successive terms. 4) BUT The President CANNOT dispose of state property unless authorized by law. Section 2. QUALIFICATIONS

c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the VicePresident was elected.

1) Natural-born citizen of the Philippines Section 6. SALARIES AND EMOLUMENTS 2) Registered voter; 3) Able to read and write; 1) Official salaries are determined by law. 4) At least 40 years old on the day of election 2) Salaries cannot be decreased during the TENURE of the 5) Philippine resident for at least 10 years immediately President and the Vice- President. preceding such election. 3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was Note: The Vice-President has the same qualifications & approved. term of office as the President. He is elected with & in the 4) Prohibited from receiving any other emolument from the same manner as the President. He may be removed from government or any other source during their TENURE office in the same manner as the President. Sections 7-12, PRESIDENTIAL SUCCESSION Section 4. MANNER OF ELECTION/ TERM OF OFFICE 1. Vacancies at the beginning of the term Manner of Election a. President-elect fails to qualify or to be 1) The President and Vice-President shall be elected by chosen direct vote of the people.  VP-elect will be Acting President until someone is qualified/chosen as President. 2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall b. President-elect dies or is permanently be forwarded to Congress, directed to the Senate disabled. President.  VP becomes President. 3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress, assembled in joint public session. 4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes. 5) The person receiving the highest number of votes shall be proclaimed elected.

c. Both President and VP-elect are not chosen or do not qualify or both die, or both become permanently disabled.  1. Senate President or  2. In case of his inability, the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified.  In case of death or disability of (1) and (2), Congress shall determine, by law, who will be the acting President.

6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both 2. Vacancies after the office is initially filled: Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President a. President dies, is permanently disabled, is until the deadlock is broken. impeached, or resigns.  Vice-President becomes President for the 7) The Supreme Court en banc shall act as the sole judge unexpired term. over all contests relating to the election, returns, and qualifications of the President or Vice-President and may b. Both President and Vice-President die, promulgate its rules for the purpose. become permanently disabled, are impeached, or resign. Term of Office  1. Senate President or  2. In case of his inability, the Speaker of the 1) President House shall act as President until a President or a VP shall have been a) 6 years beginning at noon on 30 June chosen and qualified. immediately following the election and ending at noon on the same day 6 years later.

3) Vacancy in office of Vice-President during the term for b) Term limitation: Single term only; not eligible for which he was elected: any reelection. a) President will nominate new VP from any Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

member of either House of Congress. b) Nominee shall assume office upon confirmation by majority vote of ALL members election to elect a President and a VP. The special election cannot be postponed.

UNLESS: 

Otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or

 The positions are ex-officio and they do not receive c) The special election shall be held not earlier than any salary or other emoluments therefore (e.g. Sec. 45 days not later than 60 days from the time of the of Finance is head of Monetary Board). enactment of the law. b. Practicing, directly or indirectly, any other profession during their tenure; d) The 3 readings for the special law need not be held on separate days. c. Participating in any business; e) The law shall be deemed enacted upon its d. Being financially interested in any contract with, or in any approval on third reading. franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including BUT: No special election shall be called if the vacancy GOCC's or their subsidiaries. occurs within 18 months before the date of the next presidential election. N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules 5. Temporary disability of the President: applicable to appointive and elective officers under Art. IX-B, Sec. 7. The temporary inability of the President to discharge his duties may be raised in either of two ways: 2. Spouses and 4th degree relatives of the President (consanguinity or affinity) a) By the President himself, when he sends a written Cannot be appointed during President’s tenure as: declaration to the Senate President and the Speaker 1. Members of the Constitutional Commissions; of the House. In this case, the Vice-President will be Acting President until the President transmits a 2. Office of the Ombudsman; written declaration to the contrary. 3. Department Secretaries; b) When a majority of the Cabinet members transmit to the Senate President and the Speaker 4. Department under-secretaries; their written declaration. 5. Chairman or heads of bureaus or offices  The VP will immediately be Acting including GOCC’s and their subsidiaries. President.  BUT: If the President transmits a written N.B. declaration that he is not disabled, he a. If the spouse, etc., was already in any of the reassumes his position above offices at the time before his/her spouse became is  If within 5 days after the President President, he/she may continue in office. What is appointment and reappointment, NOT re-assumes his position, the majority of prohibited the Cabinet retransmits their written continuation in office. declaration, Congress shall decide the issue. In this event, Congress shall b. Spouses, etc., can be appointed to the judiciary and as reconvene within 48 hours if it is not in ambassadors and consuls. session, without need of a call.  Within 10 days after Congress is required Sections 14-16. POWER TO APPOINT to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, Principles: voting separately, is needed to find the President temporarily disabled, in which 1) Since the power to appoint is executive in nature, Congress cannot usurp this function. case, the VP will be Acting President. 2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular a) If the President is seriously ill, the public must be offices, the determination of who among those who are qualified will be appointed is the President’s prerogative. informed thereof. Scope:

6) Presidential Illness:

b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, The President shall appoint the following: and the Chief of Staff of the AFP are entitled to 1) Heads of executive departments (CA confirmation access to the President needed): Section 13. DISQUALIFICATIONS SUBJECT SOURCE OF DISQUALIFICATION

2) Ambassadors, other public ministers, and consuls (CA confirmation needed).

1. President, Vice-President, Cabinet Members, Deputies 3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed). or Assistants of Cabinet Members are prohibited from: a. Holding any office or employment during their tenure, 4) Other

officers

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

whose

appointment

is

vested

in

him by the Constitution (CA confirmation needed), such as: 3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval. a) Chairmen and members of the COMELEC, COA and CSC. Appointments by an Acting President: b) Regular members of the Judicial and Bar Council. These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or rec) The Ombudsman and his deputies; assumption of office. d) Sectoral representatives in Congress.

Limitation

N.B.

1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President or President also appoints members of the Supreme Court and Acting President SHALL NOT make appointments. This is judges of the lower courts, but these appointments do not to prevent the practice of ‘midnight appointments.” need CA confirmation. 5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized 2) EXCEPTION: by law to appoint. a) Can make TEMPORARY APPOINTMENTS a) This includes the Chairman and members of the Commission on Human Rights, whose b) To fill EXECUTIVE POSITIONS; appointments are provided for by law NOT by the Constitution. c) If continued vacancies therein will prejudice public service or endanger public safety. b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone Section 17. Power of Control and Supervision or in the courts, or in the heads of departments, agencies, boards or commissions. Power of Control: c) BUT Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). d) ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CA’s power as provided for in the Constitution. Procedure: 1) CA confirmation needed: a) Nomination by President b) Confirmation by CA c) Appointment by President; and d) Acceptance by appointee.

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices. The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute. Qualified Political Agency: 1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are assistants and agents of the President. 2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are presumptively the acts of the President.

Note: At any time before all four steps have been complied 3) Exception: If the acts are disapproved or reprobated by with, the President can withdraw the the President. nomination/appointment. 4) Under Administrative Law, decisions of Department 2) No CA confirmation: Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of a) Appointment; and administrative remedies. b) Acceptance. 5) Qualified political agency does NOT apply if the President Note: Once appointee accepts, President can no longer is required to act in person by law or by the Constitution. withdraw the appointment. Example: The power to grant pardons must be exercised personally by the President. Ad-interim appointments: Disciplinary Powers: 1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation. 1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power 2) These appointments are effective immediately, but are control. only effective until they are disapproved by the CA or until the next adjournment of Congress. 2) BUT While the President may remove from office Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

those who are not entitled to security of tenure, or those NOTE: Congress CANNOT extend the period motu propio. officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure e. Supreme Court review: cannot be summarily removed from office.  The appropriate proceeding can be filed by any citizen. Power of Supervision:  The SC can review the FACTUAL BASIS of the proclamation or 1) This is the power of a superior officer to ensure that the suspension. laws are faithfully executed by subordinates.  Decision is promulgated within 30 days from filing. 2) The power of the president over local government units is only of general supervision. Thus, f. Martial Law does NOT: he can only interfere with the actions of their executive  Suspend the operation of the Constitution. heads if these are contrary to law.  Supplant the functioning of the civil courts or legislative assemblies. 3) The execution of laws is an OBLIGATION of the  Authorize conferment of jurisdiction on President. He cannot suspend the operation of laws. military courts over civilians where civil courts are able to function and 4) The power of supervision does not include the power of  Automatically suspend the privilege of the control; but the power of control necessarily includes the writ. power of supervision. Section 18. COMMANDER-IN-CHIEF POWERS Scope: 1) The President is the Commander-in-Chief of the Armed Forces.

g. Suspension of privilege of the writ:  Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.  Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.

2) Whenever necessary, the President may call out Note: While the suspension of the privilege of writ and the the AFP to PREVENT or SUPPRESS: proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. a) Lawless violence; Thus, troop deployments in times of war is subject to the b) Invasion; or President’s judgment and discretion. c) Rebellion. 3) The President may also:

Section 19: EXECUTIVE CLEMENCY

a) Suspend the privilege of the writ of habeas Scope: corpus; and 1. The President may grant the following: b) Proclaim a state of martial law. a. Pardons (conditional or plenary) b. Reprieves Suspension of the privilege of the writ of habeas corpus c. Commutations and declaring martial law; d. Remittance of fines and forfeitures 1. Grounds 2. These may only be granted AFTER conviction by final a. Invasion or judgment. b. Rebellion; and c. Public safety requires it. 3. ALSO: The power to grant clemency includes cases 2. The invasion or rebellion must be ACTUAL and not involving administrative penalties. merely imminent. 4. Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. 3. Limitations: a. Suspension or proclamation is effective for only Limitations: 60 days. 1.) As to scope: b. Within 48 hours from the declaration or Cannot be granted: suspension, the President must submit a report to a.) Before conviction Congress. c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation.

b.) In cases of impeachment c.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC

d. In the same manner, at the President’s initiative, Congress can extend the same for a period d.) In cases of civil or legislative contempt determined by Congress if:  Invasion or rebellion persist and 2.) As to effect:  Public safety requires it.

a.) Does not absolve civil liabilities for an offense. Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

Note: While our municipal law makes a distinction between b.) Does not restore public offices already forfeited, international agreements and executive agreements, with although eligibility for the same may be restored. the former requiring Senate approval and the latter not needing the same, under international law, there is no such Amnesty: distinction. 1.) An act of grace concurred in by Congress, usually Note: The President cannot, by executive agreement, extended to groups of persons who commit political undertake an obligation which indirectly circumvents a legal offenses, which puts into oblivion the offense itself. prohibition. 2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the members of Congress. 3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to such amnesty. If his application is denied, he can be convicted based on this admission of guilt. 4.) Amnesty Vs Pardon  Amnesty is Addressed to POLITICAL offenses; Pardon is Addressed to ORDINARY offenses  Amnesty is Granted to a CLASS of persons; Pardon is Granted to INDIVIDUALS  Amnesty Need not be accepted; Pardon Must be accepted  Amnesty Requires concurrence of majority of all members of Congress; Pardon need no Congressional concurrence  Amnesty is A public act. Subject to judicial notice; Pardon is a Private act of President. It must be proved.  Amnesty Extinguishes the offense itself; in Pardon Only penalties are extinguished. Civil indemnity is not extinguished.  Amnesty May be granted before or after conviction; Pardon is Only granted after conviction by final judgment Section 20. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and

(e) Conflict between treaty and municipal law.  Philippine court: • The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s will. 

International tribunal • Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and consuls. (3) Power to receive ambassadors and other public ministers accredited to the Philippines. (4) Power to contract and guarantee foreign loans on behalf of the Republic (5) Power to deport aliens (a) This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by legislation as regards the grounds for deportation. (b) In the absence of any legislative restriction to authority, the President may still exercise this power. (c) The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing. BUT: The alien is not entitled to bail as a matter of right.

(2) Subject to such limitations as may be provided by law. Section 21. Foreign Relations Powers include:

ARTICLE VIII - THE JUDICIAL DEPARTMENT (1) Power to negotiate treaties and other international Sec. 1. JUDICIAL POWER agreements: (a) BUT: Such treaty of international agreement Scope: must be concurred in by at least 2/3 of all Senators 1. Judicial power is the authority to settle justiciable in order to be valid and effective in our country. controversies or disputes involving rights that are (b) Options of Senate when a treaty is submitted for enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. its approval:  Approve with 2/3 majority; 2. Vested in the Supreme Court and such lower courts as  Disapprove outright; or  Approve conditionally, with suggested may be established by law. amendments. 3. Since the courts are given ‘judicial power ’ and nothing more, courts may neither attempt to assume or be (c) If treaty is not re-negotiated, no treaty compelled to perform non-judicial functions. They may not (d) If treaty is re-negotiated and the Senate’s be charged with administrative functions except when suggestions are incorporated, the treaty will go into reasonably incidental to the fulfillment of their duties. effect without need of further Senate approval. 4. In order that courts may exercise this power, there must Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

exist the following: 3. Once approved, appropriations shall be automatically and a. An actual controversy with legally demandable regularly released. and enforceable rights; Sec. 4-7; 12 Judiciary b. Involving real parties in interest; Composition of the Supreme Court: c. The exercise of such power will bind the parties by virtue of the court’s application of 1. Chief Justice and existing laws. 2. 14 Associate Justices 5. Judicial power cannot be exercised in vacuum. Without Note: Members of the Supreme Court and of other courts any laws from which rights arise and which are violated, established by law shall not be designated to any agency there can be no recourse to the courts. performing quasi-judicial or administrative functions. 6. The courts cannot be asked for advisory opinions.

Qualifications of members of the SC:

7. Judicial power includes:

1. Natural born citizen of the Philippines 2. At least 40 years old a. The duty of the courts to settle actual 3. At least 15 years of experience as a judge or in the controversies involving rights which are legally practice of law in the Philippines demandable and enforceable; and 4. Person of proven competence, integrity, probity and independence. b. To determine whether or not there has been a grave abuse of discretion amounting to lack or Qualifications of members of lower collegiate courts excess of jurisdiction on the part of any branch (CA, CTA, Sandiganbayan) or instrumentality of the government. Political Questions: 1. Natural born citizen of the Philippines 2. Member of the Philippine bar 1. A ‘political question’ is one the resolution of 3. Possesses other qualifications prescribed by Congress which has been vested by the Constitution exclusively 4. Person of proven competence, integrity, probity and in either the people, in the exercise of their sovereign independence. capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government. Qualifications of judges of lower non-collegiate courts: 2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments.

1. Citizen of the Philippines (may be a naturalized citizen) 2. Member of the Philippine Bar 3. Possesses other qualifications prescribed by Congress 4. Person of proven competence, integrity, probity and independence.

Sec. 2. ROLES OF CONGRESS

Section 8. JUDICIAL AND BAR COUNCIL

1. Defining enforceable and demandable rights and 1. The Judicial and Bar Council is under the supervision of prescribing remedies for violations of such rights; and the SC. 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.

A. Is under the supervision of the Supreme Court and is composed of:

3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.

1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of Congress, as an ex-officio member 4. Representative of the Integrated Bar 5. A professor of law 6. A retired member of the SC; and 7. Private sector representative

4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 5. Creation and abolition of courts: a. The power to create courts implies the power to abolish and even re- organize courts.

Note: The last four re the regular members of the b. BUT this power cannot be exercised in a manner JBC. Regular members are appointed by the President which would undermine the security of tenure of the with CA approval. Regular members serve for 4 years, with judiciary. staggered terms. c. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule applies for civil servants) Sec. 3. FISCAL AUTONOMY

B. Functions of JBC 1. Principal function: recommend to the Judiciary 2. Exercise such other functions as may assign to it.

appointees the

SC

1. The entire judiciary shall enjoy fiscal autonomy. C. Appointments to the Judiciary 2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous 1. President shall appoint from a list of year. at least 3 nominees for each vacancy, as Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

prepared by the JBC. 2. No CA confirmation is needed for appointments to the Judiciary. 3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. 4. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list.

4. Cases heard by a division where required majority of 3 was not obtained.

Sec. 10. SALARIES

7. Election contests for President and Vice-President.

5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 6. Administrative cases to discipline or dismiss judges of lower courts; and

1. Salaries of SC Justices and judges of lower courts shall Cases heard by division be fixed by law. 1. Must be decided with the concurrence of a majority of the 2. Cannot be decreased during their continuance in office, members who took part in the deliberations and voted but can be increased. thereon. 3. Members of the Judiciary are NOT exempt from payment 2. Majority vote in a division should be at least 3 members. of income tax. Powers of the SC Sec. 11. TENURE/DISCIPLINARY POWERS OF SC 1. SC has ORIGINAL jurisdiction over: 1. Members of the SC and judges of the lower courts hold office during good behavior until: a. Cases affecting ambassadors, other public ministers and consuls. a. The age of 70 years old; or b. They become incapacitated to discharge Note: This refers to foreign ambassadors, etc., their duties. stationed in the Philippines. 2. Disciplinary action against judges of lower courts: b. Petitions for certiorari, prohibiton, a. Only the SC en banc has jurisdiction to mandamus, quo warranto, and habeas corpus. discipline or dismiss judges of lower courts. 2. SC has APPELLATE jurisdiction over final b. Disciplinary action/dismissal: Majority judgments and orders in the following: vote of SC Justices who took part in the deliberations and voted therein. a. All cases involving the constitutionality or validity of any: 3. Removal of SC Justices:  Treaty  international or executive agreement a. Only by IMPEACHMENT.  law  presidential decree b. Cannot be disbarred while they hold office.  proclamation  order Sections. 4-6; 13 THE SUPREME COURT  instruction  ordinance, or Hearing of cases:  regulation; 1. En banc; or b. All cases involving the legality of any: 2. Divisions of 3, 5, or 7.  tax  impost Cases required to be heard en banc:  assessment or 1. All cases involving constitutionality of a/an:  toll or  any penalty imposed in relation thereto; a. Treaty b. International or executive agreement or c. All cases in which the jurisdiction of any c. Law. lower court is in issue 2. All cases required to be heard en banc under the Rules d. Criminal cases where the penalty of Court: reclusion perpetua or higher; and a. Appeals from Sandigan Bayan; b. From the Constitutional

and

Commissions

e. All cases where ONLY errors or of law are involved.

imposed is questions

3. Temporarily assign lower court judges to other stations in 3. All cases involving the constitutionality, application or the public interest. operation of: a. Presidential decrees Note: Temporary assignment shall not exceed 6 months b. Proclamations without the consent of the judge concerned. c. Orders d. Instructions 4. Order a change of venue or place of trial to avoid a e. Ordinances; and miscarriage of justice. f. Other regulations. 5. Promulgate rules concerning: Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

Supreme Court a. The protection and enforcement constitutional rights; b. Pleading, practice and procedure

of Note: A case or matter is deemed submitted for decision or resolution from the date of the last pleading, brief, or all memorandum is filed.

in

courts; Note: A court must still decide a case or matter even after the lapse of the applicable maximum period without prejudice to the responsibility of the judge or justice concerned.

c. Admission to the practice of law; d. The Integrated Bar; and e. Legal assistance to the

underprivileged.

JUDICIAL REVIEW

Limitations on Rule Making Power

Definition

a. It should provide a simplified and 1. Judicial Review is the power of the SC inexpensive procedure for the speedy disposition of to declare a law, treaty, ordinance etc. cases. unconstitutional. b. It should be uniform for all same grade.

courts

c. It should not diminish, increase, substantive rights.

of or

the

2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.

modify 3. Only SC decisions are precedent, thus, only SC decisions are binding on all.

and

6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law. A. Theory and Justification of Judicial Review 7. Exercise administrative supervision over ALL courts and the personnel thereof. Decisions of the Supreme Court: 1. Reached in consultation before being assigned to member for the writing of the opinion.

Angara vs Electoral Commission

When the judiciary mediates to allocate constitutional boundaries it does not in reality nullify or invalidate the separation of powers or assert superiority but only asserts a the solemn and sacred obligation assigned to it by the constitution.

2. A certification to this effect must be signed by the Chief Francisco vs House of Representatives Justice and attached to the record of the case and served upon the parties. Judicial review includes the duty of the courts of justice to settle actual controversies involving rights which are legally 3. Members of the SC who took no part, or who dissented or demandable and enforceable, and to determine whether or abstained must state the reasons therefore. not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch of Note: This procedure shall also be observed by all lower or instrumentality of the government. collegiate courts (CA, CTA, and the Sandigan Bayan) B. Requisites of Judicial Review Sec. 14. DECISIONS 1. Actual Case or Controversy 1. Decisions MUST state clearly and distinctly the facts and 2. Legal Standing (Locus Standi) the law on which it is based. 3. Earliest Opportunity 4. Necessity to Decide (Lis Mota) 2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for  ACTUAL CASE OR CONTROVERSY such refusal. - As to Prematurity 3. Memorandum decisions, where the appellate court PACU vs Secretary of Education adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference The power of the court to declare a law unconstitutional is attached to the Memorandum for easy reference. arises only when the interest of litigants require the use of that judicial authority for their protection against actual 4. These rules only apply to courts. They do not apply to interference, a hypothetical threat being insufficient. quasi-judicial or administrative bodies nor to military tribunals. Mariano vs Comelec Sec. 15. RENDITION OF DECISION We cannot entertain this challenge to the constitutionality of Period to Render Decision the said law. Considering that these contingencies may or may not happen, petitioner merely poses a hypothetical From date of submission: issue which has yet to ripen to an actual case or controversy. 1. Supreme Court – within 24 months 2. Court of Appeals and other appellate courts – within 12 Cutaran vs DENR months unless reduced by Supreme Court 3. Lower Courts – within 3 months unless reduced by Courts have no judicial power to review cases involving Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

political questions and as a rule, will desists from taking cognizance of speculative or hypothetical questions, cases, advisory opinions and in cases that has become moot.



LEGAL STANDING Joya vs PCGG

Montesclaros vs Comelec The court can exercise the judicial review only after a law is enacted. Thus there can be no justiciable controversy involving the constitutionality of a proposed bill for the court cannot restrain congress from passing any law according to its rules. - As to mootness

Legal Standing means a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. Having no right or interest to protect, one cannot invoke the jurisdiction of the court as party-plaintiff in an action. Agan vs PIATCO

Atlas Fertilizer vs Sec. DAR While this court will not hesitate to declare a law or an act void when confronted squarely with constitutional issues, neither will it preempt the Legislative and Executive branches of government in correcting or clarifying, by means of amendment said law or act.

In certain instances, courts have allowed private parties to institute actions challenging the validity of governmental action for violation of private rights or constitutional principle. - Citizen Standing

Gonzales vs Narvasa

Tanada vs Tuvera

An action is considered moot when it no longer presents a When the question is one of public right and the object of justiciable controversy because the issues involved have the mandamus is to procure the enforcement of a public become academic or dead. duty, the people are regarded as the real party in interest and the relator at whose instigation the proceedings are The PCCR submitted its recommendation to the president instituted need not to show he has any legal or special on Dec. 30 1999 and was dissolved on the same date. Thus interest in the result, it being sufficient to show that he is a the PCCR has ceased to exist, having lost its raison d’etre. citizen and such interested in the execution of the laws. Subsequent events have overtaken the petition and the court has nothing left to resolve. Chavez vs PEA and Amari Lacson vs Perez

We rule that since the instant petition, brought by a citizen, involves the enforcement of constitutional rights to Facts: information and to the equitable diffusion of natural May 1, 2001 – President Arroyo issued resources – matters of transcendal public importance, the Proclamation No. 38 declaring that there was a state of petition has the requisite locus standi. rebellion in the NCR. In addition G.O. 1 was issued to suppress the rebellion. Several warrantless arrest of leaders - Associational Standing and promoters of the rebellion were made. KMU Labor Center vs Garcia May 6 2001 – President Arroyo lifted the declaration of state of rebellion. In the case at bench, petitioner, whose members had suffered and continue to suffer grave and imparable injury May 10 2001 – Petitioner Lacson et. al. filed a petition for and damage from implementation of the questioned prohibiton, mandamus, injuction and habeas corpus. memoranda ,circulars and orders has shown that it has clear right that was violated and continues to be violated Issue: WON judicial review may be exerted. with enforcement of the questioned memorandas. Ruling:

John Hay Pac vs Lim

The instant petitions have been rendered moot and The interest of petitioners, being inhabitants of Baguio, in academic. assailing legality of the said proclamation is personal and substantial such that they have sustained or will sustain The court in a proper case may look into the sufficiency of direct injury as a result of the government act being the factual basis of the exercise of this power. However this challenged. is no longer feasible at this time for the proclamation has been lifted. - Tax Payer Standing - Exceptions to mootness Acop vs Guingona Courts will decide a question otherwise moot and academic if its capable of repetition, yet evading review. Sanlakas vs Executive Secretary

ITF vs Comelec Our nation’s political and economic future virtually hangs in the balance, pending the outcome of the 2004 elections. Hence, there can be no serious doubt that subject matter of this case is “a matter of public concern and imbued with public interest”; in other words it is of “paramount public interest” and transcendal importance”. This fact alone would justify relaxing the rule of legal standing, following the liberal policy of this court whenever a case involves “an issue of overarching significance to our society”. Petitioners’ legal standing should therefore be recognized and upheld.

To prevent similar questions from reemerging we seize this opportunity to finally lay to rest the validity of the declaration of a state of rebellion, in the exercise of President’s calling out power, the mootness of the petition notwithstanding. Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

Jumamil vs Café

We do not find the constitutional question herein raised to be the very lis mota presented in the controversy below. A taxpayer need not be a party to the contract to challenge Every law has its favor the presumption of constitutionality, its validity; Parties suing as taxpayer must specifically prove and to justify its nullification, there must be a clear and sufficient interest in preventing illegal expenditure of money unequivocal breach of the Constitution, and not one that is raised by taxation. doubtful, speculative or argumentative. - Voter’s Standing

Mirasol vs Court of Appeals Tolentino vs Comelec

Our jurisdiction in a petition for review is limited only to reviewing questions of law and factual issues are not within We have relaxed the requirement on standing and its province. exercised our discretion to give due course to voters’ suits involving the right to suffrage. C. Functions of Judicial Review - Legislative Standing

Mitra vs Comelec Ople vs Torres

There can be no justification then for reckless assertion that upon the proclamation of martial law and while it was Petitioner Ople is a distinguished member of our Senate. As inforce, constitutionalism, in terms of the exercise of the a senator, petitioner is possessed of the requisite standing power of judicial review and respect for individual rights, no to bring suit raising the issue that the issuance of the longer held sway in the Philippines. questioned administrative order is a usurpation of legislative power. D. The Exercise of Judicial Review - Governmental Standing

Ynot vs IAC

People vs Vera

This court has declared that while lower courts should observe a becoming modesty in examining constitutional The person who impugns the validity of a statute must have questions, they are nonetheless not prevented from personal and substantial interest in the case such that he resolving the same whenever warranted, subject only to has sustained, or will sustain, direct injury as a result of its review by the highest tribunal. enforcement. We have jurisdiction under the Constitution to “review, It goes without saying that if the questioned act really revise, reverse, modify or affirm on appeal or certiorari, as violates the constitution, the People of the Philippines, in the law or rules of court may provide,” final judgement and whose name the present action is brought, has a substantial orders of lower courts in, among others, all cases involving interest in having it set aside. the constitutionality of certain measures. This simply means that the resolution of such case may be made in the first Of greater import than the damage caused by the illegal instance by these lower courts. expenditure of public funds is the mortal wound inflicted upon the fundamental law by the enforcement of an invalid E. Effect of Declaration of Unconstitutionality statute. Hence, the well-settled rule that the state can challenge the validity of its own laws. De Agbayani vs PNB - Facial Challenge

The actual existence of a statute, prior to such determination (of unconstitutionality), is an operative fact Estrada vs Sandiganbayan and may have consequences which cannot be justly ignored. The past cannot always be erased by a new ruling A facial challenge is allowed to be made to a vague statute as to invalidity may have to be considered in various and to one which is overbroad because of possible “chilling aspects, - with respect to particular relations, individuals effect” upon protected speech. This does not apply to penal and corporate, and particular conduct, private and official. statutes. Criminal statutes have general in terrorem effect resulting from their very existence, and if facial challenge is F. Partial Unconstitutionality allowed for this reason alone, the State may very well be prevented from enacting laws against socially harmful Salazar vs Achacoso conduct. We reiterate that the Secretary of Labor, not being a judge, may no longer issue search or arrest warrants. Hence, the  Earliest Opportunity authorities must go through the judicial process. To that extent, we declare Article 38, par (c), of Labor Code, Umali vs Guingona, Jr unconstitutional and of no force and effect. As regards the issue of constitutionality of the PCAGC, it was only posed by petitioner in his motion for Only the said provision is declared unconstitutional not the reconsideration before the Regional Trial Court of Makati. It whole Labor Code, thus it is partially unconstitutional. was certainly too late to raise the said issue for the first time at such late stage of the proceedings below.

 Necessity of Deciding Constitutional Question (lis mota) Arceta vs Mangrobang Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising