Constitutional Law 1 Midterms Reviewer 1-f.docx

CONSTITUTIONAL LAW 1 Midterms Reviewer, 1st Semester, AY 2017-2018 Through the Combined Efforts of LIB 1-F

1. ) State Immunity (Continuation of Art. II in Connection with Article XVI General Provisions) ARTICLE XVI

Per Unitatem Vis Through Unity, Strength

GENERAL PROVISIONS Section 3. The State may not be sued without its consent

Table of Contents: 1.) State Immunity (Continuation of Art. II in Connection with Article XVI General Provisions) 2.)

State Immunity Doctrine - based on the provisions of the Constitution that the State may not be sued without its consent.

Introduction to Three Great Powers of Government

The doctrine reflects nothing less than a recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts.

a. Doctrine of Separation of Powers b. Overview of the Three Departments of Government i. Legislative (Sections 1 to 7, Article VI)

It is based in the very essence of sovereignty. Justice Holmes once said that a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.

ii. Executive (Sections 1 to 4, 17, 18, Article VII) iii. Judicial (Sections 1, 4, 5,6,7,11, Article VIII) 3.)

True, the doctrine, not too infrequently, is derisively called “the royal prerogative of dishonesty” because it grants the state the prerogative to defeat any legitimate claim against it by simply invoking its nonsuability. It has been explained in its defense, however, that a continued adherence to the doctrine of non-suability cannot be deplored, for the loss of governmental efficiency and the obstacle to the performance of its multifarious functions would be far greater in severity than the inconvenience that may be caused to private parties, if such fundamental principle is to be abandoned and the availability of judicial remedy is not to be accordingly restricted.

Overview of the Three Constitutional Commission

i. Common Provisions ii. Civil Service Commission (Sections 1, 2, 3 Parg. B, Article IX. iii. Commission on Elections (Sections 1 and 2, Article IX) iv. Commission on Audit (Sections 1 and 2, Article IX) 4.) Independent Constitutional Office of the Commission on Human Rights. (Sections 1 and 2, Article XIII). 5.) Legislative Department (Article VI of the 1987 Constitution), Bernas pp. 675-819.

Sovereign Immunity: Foundation of the Rule English rule – King could not be sued without its consent but it never meant that the king’s subject is without remedy. It claims affecting the Crown were handled by the court.

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American rule on immunity doctrine – first expressed in the eleventh Amendment of the Constitution; the Eleventh Amendment to the Constitution states that the judicial power of the US shall not be construed to extend to any suit or law or equity, commenced or prosecuted against the United States by Citizens of another State, or by Citizens or subject of any Foreign State.

A suit of necessity is against the person of the agent’s principal and consent or absence of consent of the principal must be determined. A government-owned corporation = the suit is not one against the state because private corporations are distinct from the state. Determination of absence or presence of consent is necessary if the corporation was established for the performance of governmental functions.

Prior to 1973 – no provision affirming the doctrine of state immunity. However, already implanted in the Philippine legal system brought to the country by the Americans.

If it’s established for governmental purpose, then it can participate in the immunity

Case: Santos v. Santos. Based on principle on the juridical and practical notion that the King can do no wrong. But English translation of it means that the King is not allowed to do wrong.

When suit is against an officer of the state, inquiry is needed. Suits against unincorporated agencies

Case: Metran vs. Paredes. Explains that in a republican state, government immunity from a suit is derive from the will of the people themselves. Government of the people, by the people and for the people (a representative government)

Case: Metran vs. Paredes  

Mentran was not a corporation Dismissal of the case against Metran was predicted solely on the fact that, being a governmental agency possessing no juridical personality, a suit against Metran is a suit in the government whose consent is not given

Since it is the will of the people, by the people and from the people, they are in effect attempting to sue themselves along with the people represented by the common government.( which is absurd) When suit is against the State

Case: Angat River Irrigation System vs. Angat River Worker’s Union

Section 3 -expresses established jurisprudence on the subject that the State may not be sued without its consent.

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Cases on this subject must deal with the dual question:

Governmental function of the Irrigation system. Immunity from suit was upheld

Case: National Airports Corporation vs. Teodoro

a.) Whether the suit is one against the state

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b.) If so, whether the state has consented to be sued Republic is not sued by name but rather through any of its instrumentalities or officers.

Was found under category of private entity Immunity was not upheld

Case: Bureau of Printing vs. Bureau of Printing Employees 

Example if the suit is against… An unincorporated agency = no juridical capacity

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Additional printing job for private parties was found to be insignificant to the volume of work which the Bureau had to do for government

Case: Mobil Phillippines vs. Arrastre Service 

If the government conducts a business operation through an entity, whether corporate or non-corporate , set up primarily for a business purpose, such entity enjoys no immunity even if there is no express grant of authority to sue or be sued.

Latter the arrastre operation was found to be an incident to the government task of collecting revenues and duties.

Municipal corporations share in the immunity of the sovereign. A municipal corporation cannot be made liable for the torts of its officers in their performance of governmental functions except in those instances where the law expressly makes them so liable

Suits Against Government Officers Whether or not government immunity from suit can be extended to its officers depends on where the ultimate liability will fall.

Case: Manila Hotel Employees Assoc vs Manila Hotel 

Case: Syquia vs. Lopez Almeda 

A case of international law because what was involved was immunity of a foreign government from a suit However, the government no longer has an interest in the outcome of the suit, a suit against an officer will not be considered a suit against the government

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Waiver of Immunity The unlawful act of an executive officer cannot divest the state of immunity precisely because waiver must be controlled by the legislature and not by executive.

Case: Ruiz vs. Cabahug 

Government has already set aside the amount needed to cover the bill for the architectural and engineering design of the Veterans Hospital

Case: Santos vs Santos

Case: Festejo vs. Fernando 

When the state or its government enters into a contract, through its officers or agents, in furtherance of a legitimate aim and purpose and pursuant to constitutional legislative authority , whereby mutual or reciprocal benefits accrue and rights and obligations arise therefrom, the state itself may be sued even without its express consent, because by entering into a contract the sovereign state has descended to the level of the citizen and its consent to be sued is implied from the very act of entering into such contract.

Liability of an officer is personal because it arises from a tortious act in the performance of duty

Case: Ministerio vs. Court of First Instance 

the business character of the corporation and not its corporate character which divests it of the immunity which its owner sovereign

Recovery of the disputed land was no longer possible because it had long been used, together with other adjoining lots. Suits against government-owned corporation

When the state through its duly authorized officers takes the initiative in a suit against a private party, it descends from its privilege position to the level of a private individual and thereby opens itself to whatever

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counterclaims or defenses the private individual may have against the state. Suability , liability , execution

Case: Lansang v. Court of Appeals

When the state consents to be sued, it cannot be inferred from such consent that the state concedes its liability.

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The doctrine of state immunity from suit applies to complaints filed against public officials for acts done in the performance of their duties and does cover unlawful acts or where he is being sued in his personal capacity, although the acts complained of may have been committed while he occupied a public position

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The rule does not apply where the public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others. Public officials are not exempt, in their personal capacity, from liability arising from acts committed in bad faith

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Neither does it apply where the public official is clearly being sued not in his official capacity but in his personal capacity, although the acts complained of may have been committed while he occupied a public position.

Case: Syquia v. Lopez: 

where the judgment in the suit by the private citizen against the officers and agents of the government would result not only in the recovery of possession of property in favor of said citizen but also in a charge against or financial liability to the Government, then the suit should be regarded as one against the Government itself, and, consequently, it cannot prosper or be entertained by courts except with the consent of said government

Case: Calub v. Court of Appeals 

a suit against a public officer for his official acts is, in effect, a suit against the State if its purpose is to hold the State ultimately liable. However, the protection afforded to public officers by this doctrine generally applies only to activities within the scope of their authority in good faith and without willfulness, malice or corruption.

Case: Wylie v. Rarang 

The doctrine is sometimes derisively called 'the royal prerogative of dishonesty' because of the privilege it grants the state to defeat any legitimate claim against it by simply invoking its non-suability.

Case: Fontanilla v. Maliaman

While the doctrine appears to prohibit only suits against the state without its consent, it is also applicable to complaints filed against officials of the state for acts allegedly performed by them in the discharge of their duties. The rule is that if the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of the amount needed to pay the damages awarded against them, the suit must be regarded as against the state itself although it has not been formally impleaded.

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A corporate body performing non-governmental functions, it now becomes liable for the damage caused by the accident resulting from the tortious act of its driver-employee. In this particular case, the NIA assumes the responsibility of an ordinary employer and as such, it becomes answerable for damages.|||

Case: Callado v. International Rice Research Institute

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The theory is that “a power definitely assigned by the Constitution to one department can neither be surrendered nor delegated by that department, nor vested by statute in another department or agency.”34

IRRI's immunity from suit is undisputed. Presidential Decree No. 1620, Article 3 provides that the Institute shall enjoy immunity from any penal, civil and administrative proceedings, except insofar as that immunity has been expressly waived by the Director-General of the Institute or his authorized representatives. The grant of immunity to IRRI is clear and unequivocal and an express waiver by its Director-General is the only way by which it may relinquish or abandon this immunity.

The underlying reason of this principle is the assumption that arbitrary rule and abuse of authority would inevitably result from the concentration of the three powers of government in the same person, body of persons or organ. More specifically, according to Justice Laurel, the doctrine of separation of powers is intended to: 1. Secure action 2. To forestall overaction 3. To prevent despotism 4. To obtain efficiency

2. ) Introduction to Three Great Powers of Government “Legislative power is given to the Legislature whose members hold office for a fixed term;

History. Separation of powers became the pith and core of the American system of government largely through the influence of the French political writer Montesquieu. By the establishment of the American sovereignty in the Philippines, the principle was introduced as an inseparable feature of the governmental system organized by the United States in this country.

Executive power is given to a separate Executive who also holds office for a fixed term; And judicial power is held by an independent Judiciary. The system is founded on the belief that by establishing equilibrium among the three power holders, harmony will result, power will not be concentrated, and thus tyranny will be avoided.

Limitations on the Principle: 1. System of Checks and Balances 2. Existence of overlapping powers

Because of the prominent position, however, which the system gives to the President as chief executive, it is designated as a presidential form of government.” (Bernas Primer)

i. Legislative Powers (Articles 1-7) CONSTITUTIONAL LAW I

Each is prevented from invading the domain of others. (Bernas, Commentary 656, 2003 ed.)

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Division and Assignment. Its starting point is the assumption of the division of the functions of the government into three distinct classes— the executive, the legislative and the judicial. Its essence consists in the assignment of each class of functions to one of the three organs of government.

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,

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Exemption: To the extent reserved to the people by the provision of Initiative & Referendum – RA 6735

Able to Read and Write

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Resident of the Philippines for at least 2 years immediately preceding the election

Resident of the said district for at least 1 year immediately preceding Election.

Term

6 years

3 years

Term Limit

Not more than 2 consecutive years.

Not more than 3 consecutive years

Residency

Section 3. No person shall be a Senator unless he is a naturalborn citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

Members

Senate

Composition

24 senators

For Partylist - n/a

House of Representative Not more than 250, unless otheriwise provided by law.

Citizenship

Natural-born citizen of the PH

Natural-born citizen of the PH

Age

35 years old

25 years old

Note: The qualifications of both Senators and Members of the House are limited to those provided by the Consttution. Congress cannot, by law, add or subtract from these qualifications.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall

Registered Voter

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be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

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The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(2)

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Each city with not less than 250 thousand inhabitants, entitled to at least one (1) representative; Each province, irrespective of the number of inhabitants, entitled to at least one (1) representative. Each district must be contiguous compact and adjacent. Gerrymandering is not allowed.

b. Party-list Representatives – shall constitute 20% of the total number of representatives elected through a party-list system of registered national, regional and sectoral parties or organizations.

Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(3)

o

Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

(4)

APPORTIONMENT: Rules for dividing provinces and cities:

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Senate – 24 elected at large by the qualified voters of the Philippines;

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House of Representatives – not more than 250 members consisting of:

Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise.

Reapportionment. Can be made thru a special law. (Mariano v. COMELEC) Correction of imbalance as a result of the increase in number of legislative districts must await the enactment of reapportionment law. (Montejo v. COMELEC)

a. District Representatives – elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area;

Case: Bagabuyo v COMELEC

Legislative Districts - Shall comprise, as far as practicable, contiguous, compacts and adjacent territory.

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Reapportionment – does not require a plebiscite

Apportionment of Legislative Districts Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines

Maintain proportional representation based on number of inhabitants;

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and, on the day of the election, is at least twenty five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

whose responsibility is to see the laws are faithfully executed. (Webb v. De Leon) 3. BUT the President cannot dispose of State property unless authorized by law. 4. Enforcement and administration of election laws is the authority of the COMELEC.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Executive Immunity from suit. Although the new Constitution has not reproduced the explicit guarantee of presidential immunity from suit under the 1973 Constitution, presidential immunity during tenure remains as part of the law. -Bernas Primer , 1987 Rules on Immunity during tenure 1. The President is immune from suit during his tenure. 2. He may be filed impeachment complaint during his tenure. (Article XI) 3. The President may not be prevented from instituting suit (Soliven v. Makasiar) 4. There is nothing in our laws that would prevent the President from waiving the privilege. The President may shed the protection afforded by the privilege. (Soliven v. Makasiar) 5. Heads of departments cannot invoke the presidents’ immunity (Gloria v. CA)

Term is the period during which the official actually holds office. Tenure is the period during which the official holds the office.

ii. Executive Powers (Articles 1,4, 17, and 18)

Rules on Immunity after tenure 6. Once out of office, even before the end of the six year term, immunity for non-official acts is lost. Such was the case of Joseph Estrada. (See Bernas Commentary, p 834 (2010 ed.) It could not be used to shield a non-sitting President from prosecution for alleged criminal acts done while sitting in office. (Estrada v. Disierto; See Romualdez v. Sandiganbayan)

Section 1. The executive power shall be vested in the President of the Philippines. Executive Power. The power to enforce and administer the laws. The Executive power shall be vested in the President of the Philippines who is both "Head of State" and "Chief Executive."-Bernas Primer 1987 Executive Power, Scope 1. The scope of power is set forth in the Constitution specifically in Article VII. 2. However, Executive power is more than the sum of specific powers enumerated in the Constitution. It includes residual powers not specifically mentioned in the Constitution. (Marcos v. Manglapus (1989). The prosecution of crimes appertains to the Executive Department,

Executive Privilege. the power of the President to withhold certain types of information from the public, from the courts, and from Congress. Is properly invoked in relation to specific categories of information and not to categories of persons.

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Executive Power, Scope 1. The scope of power is set forth in the Constitution specifically in Article VII. 2. However, Executive power is more than the sum of specific powers enumerated in the Constitution. It includes residual powers not specifically mentioned in the Constitution. (Marcos v. Manglapus (1989) The prosecution of crimes appertains to the Executive Department, whose responsibility is to see the laws are faithfully executed. (Webb v. De Leon)258 3. BUT the President cannot dispose of State property unless authorized by law. 4. Enforcement and administration of election laws is the authority of the COMELEC. Residual “unstated” powers. Residual Powers are those which are implicit in and correlative to the paramount duty residing in that office to safeguard and protect general welfare. Executive Power, Where Vested. President of the Philippines. Both "Head of State" and "Chief Executive."-Bernas Primer 1987 Reasons for the Privilege: 1. Separation of powers. 2. Public convenience. exercise of presidential duties and functions free from any hindrance or distraction, considering that the Chief Executive is a job that, aside from requiring all of the office-holder’s time, also demands undivided attention. But this privilege of immunity from suit pertains to the President by virtue of the office and may be invoked only by the holder of the office, not by any other person in the President's behalf.

Presidential Communications Privilege Pertains to communications, documents or other materials that reflect presidential decision making and deliberations that the President believes should remain confidential

Deliberative Process Privilege

Applies to decision making of the President

Applies to decision making of executive officials

Rooted in the constitutional principle of separation of powers and the President’s unique constitutional role

Rooted on common law privileges

Includes advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated

Applies to documents in their entirety and covers final and post decisional materials as well as predeliberative ones

Executive Privilege and the Public The Court held that this jurisdiction recognizes the common law holding that there is a “governmental privilege against public disclosure with respect to state secrets regarding military, diplomatic and other national security matters and cabinet closed door meetings.” (Chavez v. PCGG)

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Power of Inquiry v. Executive Privilege Requirement in invoking the privilege: formal claim of privilege. “Congress has undoubtedly has a right to information from the executive branch whenever it is sought in aid of legislation. If the executive branch withholds such information on the ground that it is privileged, it must so assert it and state the reason therefore and why it must be respected.” (Justice Carpio Morales in Senate v. Ermita) A formal and proper claim of executive privilege requires a specific designation and description of the documents within its scope as well as precise and certain reasons for preserving their confidentiality.

countries. This authority of the President to enter into executive agreements without the concurrence of the Legislature has traditionally been recognized in Philippine jurisprudence. Second, the communications are “received” by a close advisor of the President. Under the “operational proximity” test, petitioner can be considered a close advisor, being a member of President Arroyo’s cabinet. Third, there is no adequate showing of a compelling need that would justify the limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. The record is bereft of any categorical explanation from respondent Committees to show a compelling or critical need for the answers to the three (3) questions in the enactment of a law. (2) Yes. The Supreme Court said that the Senate Committees committed grave abuse of discretion in citing Neri in contempt. The following reason among others was given by the Supreme Court:

12) Neri v. Senate Committee Background: This case is about the Senate investigation of anomalies concerning the NBN-ZTE project. During the hearings, former NEDA head Romulo Neri refused to answer certain questions involving his conversations with President Arroyo on the ground they are covered by executive privilege. When the Senate cited him in contempt and ordered his arrest, Neri filed a case against the Senate with the Supreme Court. On March 25, 2008, the Supreme Court ruled in favor of Neri and upheld the claim of executive privilege.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Issues: (1) Are the communications sought to be elicited by the three questions covered by executive privilege? (2) Did the Senate Committees commit grave abuse of discretion in citing Neri in contempt and ordering his arrest?

1. Qualifications 1. Natural born citizen of the Philippines. 2. Registered voter 3. Able to read write 4. At least 40 years of age o the day of the election 5. A resident of the Philippines for at least 10 years immediately preceding the election. 6. The ff must be taken into consideration: a. bodily presence b. animus manendi c. animus revertendi

Ruling: (1) The SC said that the communications sought to be elicited by the three questions are covered by the presidential communications privilege, which is one type of executive privilege. Using the elements of presidential communications privilege, the SC is convinced that the communications elicited by the three (3) questions are covered by the presidential communications privilege. First, the communications relate to a “quintessential and non-delegable power” of the President, i.e. the power to enter into an executive agreement with other

The candidate must be qualified on the day of the elections.

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Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President.

execution thereof in the manner provided by law, canvass the votes. The Congress shall promulgate its rules for the canvassing of the certificates. Is the function of Congress merely ministerial? Bernas: The function of Congress is not merely ministerial. It has authority to examine the certificates of canvass for authenticity and due execution. For this purpose, Congress must pass a law governing their canvassing of votes.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. What is the function of the Vice-President? His only constitutional function is to be on hand to act as President when needed or to succeed to the presidency in case of a permanent vacancy in the office. The President may also appoint him as a Member of the Cabinet. Such appointment does not need the consent of the Commission on Appointments.

Cruz: As the canvass is regarded merely as a Ministerial function, the Congress shall not have the power to inquire into or decide questions of alleged irregularities in the conduct of the election contest. Normally, as long as the election returns are duly certified and appear to be authentic, the Congress shall have no duty but to canvass the same and to proclaim as elected the person receiving the highest number of votes Justice Carpio Morales: This duty has been characterized as being ministerial and executive.

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

Validity of Joint Congressional Committee. Congress may validly delegate the initial determination of the authenticity and due execution of the certificates of canvass to a Joint Congressional Committee so long as the decisions and final report of the said Committee shall be subject to the approval of the joint session of Both Houses of Congress voting separately. (Lopez v. Senate, 2004)

1. Regular Election. The President (and Vice-President) shall be elected by direct vote of the people. Unless otherwise provided by law, the regular election for President (and Vice-President) shall be held on the second Monday of May.

COMELEC. There is no constitutional or statutory basis for COMELEC to undertake a separate and “unofficial” tabulation of result whether manually or electronically. If Comelec is proscribed from conducting an official canvass of the votes cast for the President and Vice- President, the Comelec is, with more reason, prohibited from making an “unofficial” canvass of said votes. (Brilantes v. Comelec, 2004) The proclamation of presidential and vicepresidential winners is a function of Congress and not of Comelec (Macalintal v. COMELEC)

2. Special Election (Discussed under Section 10) 3. Congress as Canvassing Board. The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due

Congress may continue the canvass even after the final adjournment of its session. The final adjournment of Congress does not terminate an unfinished presidential canvass. Adjournment terminates legislation but

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not the non-legislative functions of Congress such as canvassing of votes. (Pimentel v. Joint Committee of Congress, 2004)

No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Thus, if the Vice- President serves for less than 4 years, he may run for election as president since in his case it would not be a re-election.Bernas Commentary, p. 842 2010 ed

May Congress delegate the preliminary count of votes in a presidential election to a Joint Committee. Yes, provided that the Committee report be submitted for approval by the Congress as a body. -Lopez v. Senate and House, G.R. No. 163556, June 8,2004. –Bernas Primer 1987

Reason for prohibition on any reelection for Presidency. It was thought that the elimination of the prospect of reelection would make for a more independent President capable of making correct even unpopular decisions.- Bernas , Commentary , p.841, 2010 ed. He is expected to devote his attention during his lone term to the proper discharge of his office instead of using its perquisites to ensure his remaining therein for another term.

4. Who will be proclaimed. The person having the highest number of votes shall be proclaimed elected, but in 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. 5. Presidential Electoral Tribunal The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose. The Presidential Electoral Tribunalis no other than the Supreme Court itself. The new provision in the 1987 Constitution simply constitutionalizes the decision of the Supreme Court in Lopez v. Roxas, 17 SCRA at 761. Macalintal v. PET, G.R. No. 191618, November 23,2010. –Bernas Primer 1987

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

D. Term of Office

Supervision. Supervision means overseeing or the power or authority of an officer to see that subordinate officer performs their duties. If the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform these duties.

A. Control. Control is the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. The power of control necessarily includes the power of supervision.

6 years. The President (and the Vice-President) shall be elected by direct vote of the people for a term of six years. Noon of June 30.Term hall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter.

Bernas Primer: Power of Supervision is the power of a superior officer to “ensure that the laws are faithfully executed” by inferiors. The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.

No re-election. The President shall not be eligible for any reelection. If a Vice-President succeeds to the presidency, may he run for President at the end of the term to which he succeeded as President?

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C. The President and Power of Control

and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the secretaries of such departments, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the Chief Executive presumptively, the acts of the Chief Executive.

1. Power of Control of the President This is an element of the presidential system where the President is “the Executive of the government.” The power to prepare the budget of the government strengthens the President’s position as administrative head.

2. When Doctrine not Applicable Does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to grant pardons must be exercised personally by the President.

2. Scope a. The President shall have control of all the executive departments, bureaus, and offices.

3. Reason for the Doctrine He is not expected to exercise all his powers in person. He is expected to delegate some of them to men of his confidence, particularly to members of his Cabinet. Thus ,out of this practical necessity has risen what has come to be referred to as “doctrine of qualified political agency.”

b. Does the President have control over officers of governmentowned Corporations? Yes. However, it is submitted that such power over government-owned corporations comes not from the Constitution but from statute. Hence, it may also be taken away by statute. – Bernas Primer , 307 ,1987 3. Section 17 is a self-executing provision The President derives power of control directly from the Constitution and not from any implementing legislation. Such a law is in fact unnecessary and will even be invalid if it limits the exercise of his power or withdraws it altogether from the President.

4. Power of Control exercised by the ES The Executive Secretary when acting “by authority of the President” may reverse the decision of another department secretary. (LacsonMagallanes v. Pano) E. Power of Supervision over LGUs The power of the President over local governments is only one of general supervision. The President can only interfere in the affairs and activities of a local government unit if he finds that the latter had acted contrary to law

4. Power of Control is not the source of the Executive’s disciplinary power His disciplinary power flows from his power to appoint. (Ang-Angco v. Castillo)329 D. Alter Ego Principle; Doctrine of Qualified Political Agency

F. Faithful Execution Clause; Take Care Clause The President shall ensure that the laws be faithfully executed. (Section 17 2nd sentence) Includes the Constitution, statutes, judicial decisions, administrative rules and regulations and municipal ordinances, as well as treaties entered into by government. This power of the President is not limited to the enforcement of acts of Congress according to their express terms. The President’s power includes “the rights and obligations growing out of the Constitution

1. Doctrine The doctrine recognizes the establishment of a single executive. The doctrine postulates that, “All executive and administrative organizations are adjuncts of the Executive Department, the heads of the various executive departments are assistants and agents of the Chief Executive, and, (except in cases where the Chief Executive is required by the Constitution or law to act in person or the exigencies of the situation demand that he act personally,) the multifarious executive

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itself, international relations, and all the protection implied by the nature of the government under the Constitution. The reverse side of the power to execute the law is the duty to carry it out. President has a duty to execute it regardless of his doubts on its validity. A contrary opinion would allow him not only to negate the will of legislature but also to encroach upon the prerogatives of the judiciary.

nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

A. The Military Power (1987 Bar Question) Article II, Section 3 that “civilian authority is at all times, supreme over the military.” By making the President the commander-in-chief of all the armed forces, the Constitution lessens the danger of military takeover of the government in violation of its republican nature. The military power enables the President to: 1. Command all the armed forces of the Philippines; 2. Suspend the privilege of the writ of habeas corpus 3. Declare martial law B. Commander-in-Chief Clause; Calling Out Power

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. (Section 18, 1st sentence)

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

1. Power over the Military. The President has absolute authority over all members of the armed forces. (Gudani v. Senga, 2006) He has control and direction over them. - Bernas Commentary , 897, 2010 ed. . A military officer who disobeys

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies,

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the President’s directive may be made to answer before a court martial.

habeas corpus, not subject to judicial review. C. Suspension of the Privilege 1. Writ of HC The writ. The writ of habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf.(Bouvier’s Law Dictionary) (Hence, an essential requisite for the availability of the writ is actual deprivation of personal liberty) (Simply put, a writ of habeas corpus is a writ of liberty)

2. Civilian Supremacy (Bernasian view) Is the President a member of the armed forces? Dichotomy of views: Sinco: The President is not only a civil official. As commander-in-chief of all armed forces, the President is also a military officer. This dual role given by the Constitution to the President is intended to insure that the civilian controls the military. Bernas: The weight of authority favors the position that the President is not a member of the armed forces but remains a civilian. The President’s duties as Commander-in-Chief represent only a part of the organic duties imposed upon him. All his other functions are clearly civil in nature.

Purpose. The great object of which is the liberation of those who may be in prison without sufficient cause. 2. Privilege of the writ of HC Privilege. It is the right to have an immediate determination of the legality of the deprivation of physical liberty.

3. Calling Out Power under Section 18 (2006 Bar Question) a. Most Benign power of Section 18 The invocation of the “calling out” power stands as a balanced means of enabling a heightened alertness in dealing with the armed threat. b. Vests no new constitutional or statutory powers. At most, it can only renew emphasis on the duty of the President to execute already existing laws without extending a corresponding mandate to proceed extra constitutionally or extra-legally. Indeed, the “calling out” power does not authorize the President or the members of the Armed Forces to break the law.

3. Suspension of the privilege. In case of invasion or rebellion, when the public safety requires it, [the President] may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus. Suspension of the Privilege, Meaning. Suspension of the privilege does not suspend the writ itself, but only its privilege. This means that when the court receives an application for the writ, and it finds the petition in proper form, it will issue the writ as a matter of course. If the return to the writ shows that the person in custody was apprehended and detained in areas where the privilege of the writ has been suspended or for crimes mentioned in the executive proclamation, the court will suspend further proceedings in the action. (1997 Bar Question)

c. Declaration of State of Rebellion.. The declaration cannot diminish or violate constitutionally protected rights. d. Declaration of a “state of national emergency”. The President can validly declare a state of national emergency even in the absence of congressional enactment. (David v. Ermita) (2006 Bar Question)

What is suspended is merely the right of individual to seek release from detention through the writ of habeas corpus. (Aberca v. Ver, 160 SCRA 590)

e. President’s action in calling out the armed forces, and judicial review. Unlike the suspension of the privilege of writ of

4. General Limitations on the power to suspend the privilege

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1. Time limit of 60 days 2. Review and possible revocation by Congress 3. Review and possible nullification by SC -Bernas Primer 1987,p 311

12. Role of Supreme Court The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

5. To whom Applicable. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

E. Martial Law

6. Effect on Applicable Persons. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. (Article VI Section 18)

1. Martial Law, Definition. Martial law in its strict sense refers to that law which has application when civil authority calls upon the military arm to aid it in its civil function. Military arm does not supersede civil authority .Martial law in the Philippines is imposed by the Executive as specifically authorized and within the limits set by the Constitution. – Bernas Commentary , p 899, 2010 ed.

The suspension of the privilege of the writ does not impair the right to bail. (Article III Section 13) 7. (Grounds) Factual Bases for Suspending the Privilege (1997 Bar Question) 1. In case of invasion or rebellion 2. When the public safety requires it.

2. Martial Law, Nature a. Essentially police power. Public safety is the concern of police power. Under martial law, police power is exercised by the executive with the aid of the military. b. Scope of Martial Law: Flexible Concept. Martial law is a flexible concept. Martial law depends on two factual bases: (1) the existence of invasion or rebellion; and (2) the requirements of public safety.

8. Four Ways to Lift the Suspension 1. Lifting by the President himself 2. Revocation by Congress 3. Nullification by the Supreme Court 4. By operation of law after 60 days 9. Duty of the President Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress.

3. Proclamation of Martial Law. In case of invasion or rebellion, when the public safety requires it, [the President] may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.

11. Role of Congress a. Congress convenes b. Congress may either revoke or (with President’s initiative) extend

Is the imposition of martial law or the suspension of the privilege a political question? No. "Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the

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extension thereof and must promulgate its decision thereon within thirty days from its filing."- Bernas Primer 1987, p 312

It is "the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights."

4. General Limitations on the power to proclaim 1. Time limit of 60 days 2. Review and possible revocation by Congress 3. Review and possible nullification by SC

Judicial Power: "…includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government."

5. Effects of Proclamation of Martial Law A State of martial law does not: 1. Suspend the operation of the Constitution 2. Supplant the functioning of the civil courts or legislative assemblies 3. Authorize the conferment of jurisdiction on military courts and agencies over where civil courts are able to function 4. Automatically suspend the privilege of the writ. (Section 18)

Abuse of Discretion: “…an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.” Role of legislature in the judicial process: “(1) defining such enforceable and demandable rights and prescribing remedies for violations of such rights; and (2) determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.”

The President can: 1. Legislate 2. Order the arrest of people who obstruct the war effort.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

iii. Judicial Powers (Articles 1,4,5,6,7,11) Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Judicial power is "the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction."

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the

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required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Section 5. The Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

Original Jurisdiction over: “ambassadors, public ministers, and consuls; as well as petitions for (CPMQH) certiorari, prohibition, mandamus, quo warranto, and habeas corpus”

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

Appellate Jurisdiction over: “constitutionality of treaties, legality of tax and penalties thereto, issues of jurisdiction of lower courts, criminal cases of reclusion perpetua or higher, and pure questions of the law (academic).”

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

Members per division: either three justices, five, or seven. The purpose of allowing up to five divisions within one court is to ensure the speedy disposition of cases. Maximum of 5 divisions, 3 justices each; only 15 justices in total.

(c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

(e) All cases in which only an error or question of law is involved.

Paragraphs 3,4,5, and 6 are administrative functions of Section 5 enumerate these functions.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

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(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.



The Commission on Audit

Two other independent offices created by the constitution are:

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence. This section enumerates the requisites for qualifying as a justice. Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.



The Tanod Bayan (Article XI, sec. 5)



The Commission on Human Rights (Art. XIII, Sec 17)

Independent Bodies. The constitution doesn’t want that the three branches should interfere with their work. These bodies performs important functions. Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

This section states the retirement age and puts into writing the power of the department to discipline its members.

ARTICLE IX: CONSTITUTIONAL COMMISSIONS

Prohibition on members 3.i. COMMON PROVISIONS

The prohibitions imposed on the members during their continuance in office are similar to those imposed on the President and the Vice- President. (Art. VII, Sec. 13)

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

In addition to the three main branches or departments of the government, The Legislative, the Executive, and the Judicial, the constitution creates three other equal bodies, namely: 

The Civil Service Commission



The Commission on Elections

Compensation of members Their annual salaries may be increased during their tenure in office because there is no prohibition by the constitution against such increase.(Art. 7, sec. 10; Art XVIII,Sec. 17)

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Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

Appointment and Removal for officials and employees.

Rendition of decision and judicial review

As independent bodies like the three branches of the government, the constitutional commissions have accordingly, the power to appoint their own officials and employees and to remove them.

Any case or matter brought before each commission must be decided by a majority vote of all its members within sixty days from the date of its submission for decision. (Art. VIII, Sec.5 [2])

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Section 8. Each Commission shall perform such other functions as may be provided by law.

Fiscal Autonomy

Additional functions under the law

The constitutional commissions enjoy fiscal autonomy to strengthen their independence in the performance of their duties.(Article VIII, Sec. 3)

In addition to their functions as provided in the constitution, congress by means of law, may give each commission other functions.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

3. ii. THE CIVIL SERVICE COMMISSION Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

Rules of procedure Like congress and the supreme court, each constitutional commission is authorized to promulgate its own rules to govern proceedings or hearing of cases before it.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without appointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission

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Composition. It is composed of (3) members- a chairman and two commissioners. (Sec.1 [1])

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

Appointments and Terms of Office. The first appointees have different terms- seven, five, and three years.

(5) The right to self-organization shall not be denied to government employees.

Because they start their term on a common date, the term of only one Commissioner will expire every two (2) years.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Appointment in a temporary capacity is not allowed. (Sec. 1 [2]) Meaning of Civil Service

Reasons for creation of the Commission A civil service commission which is created by law may be abolished or its organizational structure changed by congress anytime.

This term Civil Service refers to the group of professional workers in government. It may also refer to that part of the public service where selection of officials and employees is determined by the merit system.

Congress may also pressure the commission to give favorable rulings by granting or wit holding action on request for funds.

The term “career service” is also used because these workers have made the government service a lifetime career.

The President may change decisions made by Commission if it is placed under the Executive department. Scope of the Civil Service

Independence from these branches of government is truly important, for this will allow the CSC to resist interference from politicians in seeing to it that appointment and promotion of employees in our civil service are made only through merit and fitness.

The Civil Service includes all government agencies and branches, as well as government owned or controlled corporations with original charters. Thus, the requirements and benefits of the Civil Service System apply to the whole governmental organization. (Sec.2 [1]) The Merit system

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

The hiring of the great bulk of government employees must be made according to merit and fitness (Sec.2 [2)] Qualifying examinations help determine a person’s ability or competence to perform certain tasks or duties.

(2) Appoints in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy- determining, primarily confidential, or highly technical, by competitive examination.

Non- competitive positions The following are positions which are non- competitive, that is, they need not be filled on the basis of competitive examinations:

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

1. Policy determining

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Where the occupant formulates government policies, like a member of the cabinet;

Protection of temporary employees

2. Primary confidential

Do not enjoy security of tenure.

Where the occupant is fully trusted by the appointing power, like a member of the Cabinet or a private secretary; and

They may be replaced any time.

3. Highly technical

The constitution mandates that temporary employees in the government be given protection by law. (Sec.2 [6])

Where the occupant is required to be highly skilled, like a scientist. Guarantee of the security of Tenure

Powers and functions of the commission

Government officers and employees of the civil service enjoy security of tenure.

Section 3. In the performance of its powers and functions, the Commission, as the central personnel agency of the government, shall be guided by the objectives as laid down by the Constitution in Sec. 3.

Sec. 2 (3) assures that they shall not be removed from service or suspended, except for inefficiency or other good reasons,I.e., “for cause provided by law.”

Importance of Permanent civil service Performs the manifold tasks of government

The guarantee does not apply to those holding non- competitive positions.

The work of the government would never be done if there were only the legislators, Cabinet member, and other heads of offices to do it.

Prohibition against electioneering and other partisan political campaign

These people cannot be expected to collect taxes, audit accounts, arrest criminals, to say nothing of keeping books, delivering mails, and carrying messages.

The phrase electioneering and other partisan political campaign means any political activity designed to have a candidate elected or not to a public office (Art. V)

Furnish information and experience to heads of offices and policymakers

Civil servants are expected to be politically neutral so that they can devote their full attention to their duties. Their loyalty should be to the public service and not to politicians. They do not belong to the civil service. (Sec. 2 [4])

It is this great body of men and women that brings the government into daily contacts. 3. iii. COMMISSION ON ELECTIONS

Right of Government employees to self-organization Government employees have the right to organize and form unions to promote their interests (Sec.2 [5])

Section 1. 1.

Existing laws deny the right to strike to government personnel.

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Members

7. Recommend to congress ways to minimize election spending 8. Recommend to president removal of any officer or employee it has deputized or the imposition of any other disciplinary action 9. Submit to President and Congress comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

  

Chairman 6 commissioners Qualifications  Natural-born  At least 35 years of age  Holders of college degree  Not have been candidates for any elective position  Majority shall be members of Philippine Bar who have been engaged in the practice of law for at least ten years 2. Members appointed by President with consent of Commission on Appointments for a term of 7 years without reappointment.

Section 3. 1.

COMELEC may sit en banc or in two divisions; shall promulgate its rules of procedure in order to expedite disposition of election cases; motions for reconsideration decisions shall be decided by the commission en banc.

Section 4. 1.

Supervision and regulation of the enjoyment of all franchises or permits for: a. operation of transportation and other public utilities b. media communication or information c. all grants, special privileges, concessions granted by the government or any subdivision 2. Supervision shall aim to ensure equal opportunity, time and space, and the right to reply

Section 2. 1.

Powers and functions:  Enforce and administer all laws and regulations relative to conduct of an  Election  Plebiscite  Initiative  Referendum  Recall 2. Election contests involving elective municipal and brgy offices shall be final, executory, and not appealable.

Section 5. 1.

3. Decide all questions affecting elections (except right to vote) including: a. Determination of number and location of polling places b. Appointment of election officials and inspectors c. Registration of voters 4. Deputize law enforcement agencies and instrumentalities of government for exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. 5. Register parties and present platforms or program of government 6. File petition in court for inclusion or exclusion of voters; investigate and prosecute cases of violations of election laws

No pardon, amnesty, parole or suspension of sentence for violation of election laws shall be granted by the President without favorable COMELEC recommendation.

Section 6. 1.

Free and open party system shall be allowed to evolve according to free choice of people.

Section 7. 1.

No votes cast in favor of parties shall be valid except those registered under party list system as provided by this Constitution.

Section 8.

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1.

Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters’ registration boards, boards of election inspectors, board of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

1.

Section 9. 1.

a. constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution;

Election period shall commence 90 days before election and shall end 30 days thereafter.

b. autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidaries; and

Section 10. 1.

Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

c. such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the Government, which are required by law or the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

Section 10. 1.

The Commission on Audit shall have the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations with original charters, and on a post- audit basis:

Funds certified by the commission as necessary to defray the expenses for holding regular and special elections shall be released automatically upon certification by the Chairman of the Commission. 3. iv. COMMISSION ON AUDIT

Section 1. 1. Members: a. Chairman and 2 commissioners i.Natural born ii.At least 35 years of age iii.Or members of the Philippine bar who have been engaged in practice of law for at least 10 years iv.Must not have been candidates for any elective position in the elections immediately preceding their appointment. 2. Shall be appointed by the President with the consent of CA for a term of seven years without reappointment. No member shall be appointed or designated in a temporary or acting capacity.

2. The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties. Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 2.

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Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

what is expected of Congress is not just the exercise of day to day police power but of powers needed to achieve radical social reform of critical urgency. The route to achieving social justice is presented as consisting of two principal tracks: first, according to the second paragraph of Section 1, there must be regulation of the acquisition, ownership, use, and disposition of property and its increments, and second, according to Section 2, Congress should create economic opportunities based on freedom of initiative and self-reliance. The ideas of freedom of initiative and selfreliance are placed in Section 2 in order to convey the message that these should not be allowed to impede the creation of a just social structure through regulation.

4. COMMISSION ON HUMAN RIGHTS Independent Constitutional Office of the Commission on Human Rights; ARTICLE XIII (Bernas) SOCIAL JUSTICE AND HUMAN RIGHTS

Moreover, the task of creating wealth is made to follow the task of diffusing wealth because even now, in the present economic state of the nation and quite independently of the need to create more wealth, there already is the urgent need for diffusion of existing wealth. The sequencing thus follows the order of priorities established in Section 1 of Article XII.

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

It should also be noted that, while Section 1 puts down a dual goal of diffusing economic wealth and political power, the second paragraph of Section 1 and all of Section 2 deal only with wealth. In a situation of extreme mass poverty, political rights, no matter how strongly guaranteed by the Constitution, become largely rights enjoyed by the upper and middle classes arid are a myth for the underprivileged. Without the improvement of economic conditions there can be no real enhancement of the political rights of all the people.

Translates the principle of more in law for those who have less in life into a duty of the state to attend "to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good." It should be noted that one goal is to "reduce," and not remove, inequalities, because inequalities by themselves are not evil. Cultural inequities, however, are evil and therefore must be "removed." And since the goals embodied in the command are to be achieved through legislation, the task is given to Congress. It is, moreover, given as a task of the "highest priority" is deliberate. It communicates the message that

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and selfreliance. Social justice. In the Constitution is principally the embodiment of the principle that those who have less in life should have more in law. It

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commands a legal bias in favor of those who are underprivileged. The import of social justice that has developed in various decisions is that when the law is clear and valid, it simply must be applied; but when the law can be interpreted in more ways than one, an interpretation that favors the underprivileged must be favored. There have been decisions, in fact, where on social justice grounds; the Supreme Court has awarded separation pay to workers even when dismissal was for cause.

Section 3. No person shall be a senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of election. Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

For all its liberality to the underprivileged, however, it does not tolerate behavior that is contrary to law. But as will be seen, the 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but also political social justice.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

However, of the protection of the right to social justice and of the body of social rights in terms of effectivity of protection, is not the same as when one speaks of the protection for the right, for instance, of free speech. The guarantees of the civil and political rights found principally in the Bill of Rights are self-executory and ready for use.

Composition of Election of Senate Senate is composed of twenty-four (24) senators elected at large “elected at large” – intends to make the senate, a training ground for national leaders

Social rights are a different phenomenon. Except to the extent that they prohibit government from embarking in activity contrary to the ideals of social justice, they generally are not rights in the strict sense that the rights in the Bill of Rights are Social rights are latecomers in the development of law and came about through the efforts of social philosophers and through the social teachings of Popes. In legal effectiveness they are primarily in the nature of claims or demands which people expect government to satisfy, or they are ideals which government is expected to respect. Thus, in the nature of things, the satisfaction of these demands must for the most part depend on legislation.

Qualifications of a Senator 1. 2. 3. 4. 5.

Natural-Born Citizen AT LEAST thirty-five (35) years of age on the day of the election Able to read and write Registered voter Resident of the Philippines for NOT LESS THAN Two (2) years immediately preceding the dat of election

“On the day of the election” means the day the votes are cast. 5. LEGISLATIVE DEPARTMENT Term of office Section 2. The Senate shall be composed of twenty-four senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

1. 2.

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Term – 6 years Commencement of term – 12:00 noon of June 30 following their election

3. 4.

5.

6.

Limitation – A Senator may not serve for more than two consecutive terms. Effect of Voluntary Renunciation - 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. Staggering of Terms - The Senate shall not at any time be completely dissolved. One-half of the membership is retained as the other half is replaced or reelected every three years. Reason for Staggering - The continuity of the life of the Senate is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties.

every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. (4) Within three years following the return of every census, the Congress shall make a reapportionment of Legislative Districts based on the standards provided in this section.

Composition of House of Representatives 

The House of Representatives shall be composed of two hundred and fifty (250) members o “unless otherwise fixed by law”  Reapportionment. Sec. 5(4)  Creating new districts by creating new provinces  Number of Inhabitants (Population)  Follows the ratio 1 representative = 250,000 population



Classifications of Representatives o District Representative  one Legislative District = one representatives  Elected by District o Party-List Representatives  elected through the Party-List System (R.A. 7941)  represented by “marginalized, underrepresented and underprivileged” parties o Sectoral Representatives  existed only until 1998  Includes the parties from Labor, Peasant, urban poor, indigenous cultural communities, women, youth and other sectors as may be provided by law  DOES NOT INCLUDE Religious Sector

District and Party-list Representatives Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list. For three consecutive terms after the ratification of this Constitution, onehalf of the seats allocated to party-list representatives shall be filled, as may be provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. (4) Within three years following the return of

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o

Rules of Apportionment  Legislative Districts shall be apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants  Shall be Contiguous, compact, and adjacent territory  Prohibits “Gerrymandering” o Creation of representative districts out of separate portions of territory in order to favor a candidate.  Each city or province with at least twohundred fifty thousand population is entitled to one representative



the party-list representatives constitutes twenty percent (20%) of the total number of representatives

The Party-list System Act (R.A. 7941) Stages in filling the seats under the party-list representatives CARPIO FORMULA STAGE 1: Determine the Two Percenters or those party lists with at least 2% of the total votes cast 1.

The qualified parties shall be ranked from highest to lowest based on the percentage share of the total number of party-list votes they garnered during the party-list election.

2.

The Two Percenters are entitled to one guaranteed seat each.

Formula:

 “Proportional Representation” Within three (3) years following the return of every census

Two (2) percent and above = One Seat

STAGE 2: 1.

Party-list System -

Promotes Proportional Representation in the election of representatives in the House of Representatives Organizations or Coalitions belonging to the “marginalized”, “underrepresented”, and “underprivileged” sectors

The remaining number of seats is determined after the number of seats allocated in the first stage is subtracted from the total number of party-list seats. Formula:

Total No. of Seats – Seats taken in Stage 1 = Remaining Seats

Number of Party-list Representatives

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2.

The percentage of share of each Two Percenter is multiplied by the remaining number of seats. The whole integer of the product corresponds to the number of additional seats of each two percenters.

Stage 2; 37 Remaining Seats

Formula:

Stage 3; entitled to 2 additional seats

TwoPercenter Vote % x Remaining Seats = Additional Seats NOTE: If the whole integer is larger than two, only two additional seats are awarded to the said TwoPercenter.

*all parties shall undergo the first stage before proceeding to the next stage and so on.

STAGE 3: 1.

If there are still available seats to be distributed, then only those parties that do not receive any seats in stage 2 are entitled to one party-list seat.

2.

The first remaining seat is assigned to the highest ranking party that does not receive a seat in 2.

3.

The next ranking parties are assigned one seat each until all the remaining seats are exhausted.

PRIVILEGE FROM ARREST AND PARLIAMENTARY FREEDOM FROM SPEECH AND DEBATE Section 11. (1) A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. (2) No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Sample

Session – entire period from its initial convening until its final adjournment

TOTAL NO. OF PARTY-LIST VOTES - 15, 337, 808

Reason. Privilege is intended to ensure representation of the constituents of the member of Congress by preventing attempts to keep him from attending sessions whether regular or special and whether or not the legislator is actually attending a session

NO. OF AVAILABLE SEATS - 54 BUHAY

No. of Votes = 1,169,338

Stage 1; entitled to 1 seat

Privilege is not available while the Congress is in recess.

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Reason. To protect the legislator against harassment which will keep him away from legislative sessions, there is no point in extending the privilege to the period when the Congress is not in session.

1973 constitution: legislator is privileged from arrest both for civil and criminal provided that the criminal offense was not punishable by a penalty of more than six years imprisonment

Privilege is personal to each member of the legislature, and must be asserted at the proper time and place; otherwise it will be considered waived; not granted to Congress but to its members

The 1973 provision also said that "the Batasang Pambansa shall surrender the Member involved to the custody of the law within twenty-four hours after its adjournment for a recess or its next session, otherwise such privilege shall cease upon its failure to do so."

The provision says privilege from arrest; it does not say privilege from detention.

1987 constitution: adapted the 1973 provision

Case: PP vs Jalosjos 

Jalosjos was convicted for rape and detained in prison. He requests that he be allowed to attend the session of the Congress.He argues on the basis of popular sovereignty and the need for his constituents to be represented.



Court ruled that members of Congress are not exempt from detention for crime. They may be arrested, even when the House in session, for crimes punishable by a penalty of more than six months.

Case: Martinez v. Morfe 

A case involving a delegate to the 1971 Constitutional Convention, contrary to the contention of Delegate Martinez, the privilege did not include immunity from arrest arising from an act or omission punishable by law. It covered only immunity from civil arrests.

2No

member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Case: Paredes v. Sandiganbayan

Reason. a. Intended to leave legislator unimpeded in the performance of his duties and free form harassment outside

The Court held that the accused cannot validly argue that only his peers in the House of Representatives can suspend him because the court-ordered suspension is a preventive measure that is different and distinct from the suspension ordered by his peers for disorderly behavior which is a penalty.

b. enables the legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for his inability to support his statements with the usual evidence required in the court of justice c. To enable and encourage a representative of the public to discharge his public trust with firmness and success (Osmena V. Pendatun cited in Pobre v. Defensor- Santiago, 2009)

Difference between the 1935, 1973 and 1987 provision on the Privilege from Arrest: 1935 constitution: privilege was limited to civil arrests only and does not protect legislators from criminal arrests

To invoke the privilege of speech, the matter must be oral and must be proven to be indeed privileged.

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Requirements for the privilege to be availed: 1.

That the remarks must be made while the legislature or the legislative committee is functioning, that is in session; (See Jimenez v. Cabangbang)

3.

To come under the privilege, it is not essential that the Congress be in session when the utterance is made. What is essential is that the utterance must constitute “legislative action.” (Bernas Primer) Libelous remarks not in exercise of legislative function shall not be under privilege of speech. 2.

4.

That they must be made in connection with the discharge of official duties

The rule provides that the legislator may not be questioned “in any other place,” which means that he may be called to account for his remarks by his own colleagues in the Congress itself and, when warranted, punished for “disorderly behaviour” (The Congress may itself impose sanctions for the misbehaviour of its members and the Judiciary may not interfere in the discipline of the members of the legislative)

THE ELECTORAL TRIBUNAL Sec. 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. Each electoral tribunal shall be composed of nine members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior justice in the Electoral tribunal shall be its Chairman.

Case: Pobre v. Defensor-Santiago, 2009 

The disciplinary authority of the assembly and the voters, not the courts, can properly discourage or correct such abuses committed in the name of parliamentary immunity.

Scope of the Parliamentary Freedom of Speech and Debate 1. 2.

delivered, statements made, votes cast, as well as bills introduced and other acts done in the performance of official duties. (Jimenez v. Cabangbang) The utterance must constitute “legislative action”, that is, it must be part of the deliberative and communicative process by which legislators participate in committee or congressional proceedings in the consideration of proposed legislation or of other matters which the Constitution has placed within the jurisdiction of Congress. (Gravel v. US) The privilege extends to agents of assemblymen provided that the “agency” consists precisely in assisting the legislator in the performance of “legislative action” (Gravel v. US)

The privilege is a protection only against forums other than the Congress itself. (Osmena v. Pendatun) “Speech or debate” includes utterances made in the performance of official functions, such as speeches

SENATE Senate Electoral Tribunal (SET)

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HOUSE of REPRESENTATIVES House of Representatives Electoral Tribunal (HRET)

9 members

NO. Except in cases of a clear showing of a grave abuse of discretion.

3- designated by the Chief Justice of SC 6- members of the Senate or the HoR, chosen on the basis of PR

(In perpetuating that Richard was only disqualified and that his certificate of candidacy was not denied paving the way for the approval of his wife Lucy as his substitute, the HRET committed a grave abuse of discretion. Tagolino vs. HRET)

Power:  

The sole judge of all contests relating to the election, returns, and qualifications of their members. To promulgate rules relating to matters within its jurisdiction, including period for filing election protests. (The authority conferred upon the Electoral Tribunal is full, clear and complete. The use of the word sole emphasizes the exclusivity of the jurisdiction of these tribunals. Co vs. HRET)

THE COMMISSION ON APPOINTMENTS Sec. 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex-officio chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in the case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from the submission. The Commission shall rule by a majority vote of all its members.

The Electoral Tribunal is an independent constitutional body. Independent from Congress.

FUNCTION. It acts as a legislative check on the appointing authority of the President. For the effectivity of the appointment of certain key officials, the consent of CA is needed. It shall rule by a majority vote of all its members.

Jurisdiction:   

Jurisdiction begins when a candidate has been proclaimed a winner, taken his oath and assumed office; When there is election contest i.e., when a defeated candidate challenge the qualification and claims the seat of a proclaimed winner; Errors that may be verified only by the opening of ballot boxes;  Allegations of invalid proclamation.

COMPOSITION (25 Members) a. b. c.

Senate President as Chairman 12 Senators 12 members of HR

PROPORTIONAL REPRESENTATION. The members shall be elected by each House on the basis of Proportional Representation from the political party and party list.

Are the decisions rendered by the Electoral Tribunals appealable to the Supreme Court?

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(There is no merit in Coseteng’s contention that the House members in the Commission on Appointments should have been elected and nominated by their respective political parties. Thus, the SC ruled that endorsement is not sufficient to get a seat in CA. Coseteng vs. Mitra)

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

Fractional seats cannot be rounded off. Holders of .5 proportion belonging to distinct parties may not form a unity for purposes of obtaining a seat. (Where there are more than 2 parties in Senate, a party which has only one member Senator cannot claim a seat. In order to resolve such, the parties may coalesce with each other in order to come up with proportional representation. Guingona vs. Gonzales)

What is the basis of the power of “inquiry in aid of legislation”? The congressional power of inquiry is expressly recognized in Section 21 of Article VI of the Constitution. Even without this express Constitutional provision, the power of inquiry in inherent in the power to legislate. The power of inquiry, with process to enforce it, is grounded on the necessity of information in the legislative process. If the information possessed by executive officials on the operation of their offices is necessary for wise legislation on that subject, by parity of reasoning, Congress has the right to that information and the power to compel the disclosure thereof.

Constitution of Electoral Tribunal and Commission on Appointments Sec. 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty (30) days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only when the Congress is in session, at the call of its Chairman or a majority of all its members, to discharge such powers and functions as are herein conferred upon it.

POWER OF INQUIRY Who has the power. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation.

LEGAL INVESTIGATIONS (Section 21 and 22)

Nature. The power of inquiry is an essential and appropriate auxiliary to the legislative action. (Arnault vs Nazareno). It has been remarked that the power of legislative investigation may be implied from the express power of legislation and does not itself have to be granted.

SECTION 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

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Limitations:

duties. 
 2. Physical assault upon its members for action taken or words spoken

a) It must be in aid of its legislative functions b) It must be in accordance with its duly published rules of procedure – violation of these rules would be an offense against due process c) The persons appearing therein are afforded their constitutional rights, including the right to be represented by counsel and the right against self-incrimination d) Power of Congress to commit a witness for contempt terminates when the legislative body ceases to exist upon its final adjournment.

in the body; 
 3. Obstruction of its officers in the performance of their official duties 
 4. Prevention of members from attending so that their duties might be performed 
 5. Contumacy in refusing to obey orders to produce documents or give testimony which was a right to compel.
 Power to punish for contempt and local legislative bodies.

Reason for the limitations. The reason is in the past, this power was much abused by some legislators who used it for illegitimate ends to browbeat or intimidate witnesses usually for grandstanding purposes only. There were also times when the subject of inquiry was purely private in nature and therefore outside the scope of the powers of Congress.

The power to punish may not be claimed by local legislative bodies (Negros Oriental Electric Cooperative v. Sangguniang Panglunsod) Power to punish is sui generis. The exercise of the legislature of contempt power is a matter of preservation and independent of the judicial branch. Such power is sui generis. (Sabio v. Gordon)

Scope of questions. As held in Arnault vs Nazareno, it is not necessary that every question propounded to a witness must be material to a proposed legislation. This is because the legislative action is determined by the information gathered as a whole.

When may a witness in an investigation be punished for contempt? A: When a contumacious witness’ testimony is required in a matter into which the legislature or any of its committees has jurisdiction to. (In short, the investigation must be in aid of legislation.) (Arnault v. Nazareno)

POWER TO PUNISH: Legislative Contempt. The power of investigation necessarily includes the power to punish a contumacious witness for contempt. (Arnault v. Nazareno)

For how long may a private individual be imprisoned by the legislature for contempt?

Acts punished as legislative contempt. The US Supreme Court in the case of Marshall v. Gordon mentions:

A: For HR: Until final adjournment of the body. For Senate: Offender could be imprisoned indefinitely by the body provided that punishment did not become so long as to violate due process. (Arnault v. Nazareno)

1. Physical obstruction of the legislative body in the discharge of its

Does the power to inquire extend to officials in the executive

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branch?

the public, the courts, and the Congress”• or “the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public.”•

Yes. The power of inquiry is broad enough to cover officials of the executive branch. The power of inquiry is co-extensive with the power to legislate. The matters which may be a proper subject of legislation and those which may be a proper subject of investigation are one. It follows that the operation of government, being a legitimate subject for legislation, is a proper subject for investigation. Since Congress has authority to inquire into the operations of the executive branch, it would be incongruous to hold that the power of inquiry does not extend to executive officials who are the most familiar with and informed on executive operations.

Does executive privilege refer to persons? No. Executive privilege is properly invoked in relation to specific categories of information and not to categories of persons. Executive privilege, whether asserted against Congress, the courts, or the public, is recognized only in relation to certain types of information of a sensitive character. What matters are covered by “executive privilege”?

Is the Supreme Court covered by the Congressional power of inquiry?

The matters covered under “executive privilege” include: (1) Information between inter-government agencies prior to the conclusion of treaties and executive agreements; (2) Presidential conversations, correspondences, and discussions in closed-door Cabinet meetings; and (3) Matters affecting national security and public order.

No. Members of the Supreme Court are exempt from this power of inquiry on the basis not only of separation of powers but also on the fiscal autonomy and the constitutional independence of the judiciary. Is the power of inquiry subject to judicial review?

How is this invoked?

Yes. It may be subjected to judicial review pursuant to the Supreme Court’s certiorari powers under Section 1, Article VIII of the Constitution. Since the right of Congress to conduct an inquiry in aid of legislation is, in theory, no less susceptible to abuse than executive or judicial power.

When an official is being summoned by Congress on a matter which, in his own judgment, might be covered by executive privilege, he must be afforded reasonable time to inform the President or the Executive Secretary of the possible need for invoking the privilege. This is necessary in order to provide the President or the Executive Secretary with fair opportunity to consider whether the matter indeed calls for a claim of executive privilege. If, after the lapse of that reasonable time, neither the President nor the Executive Secretary invokes the privilege, Congress is no longer bound to respect the failure of the official to appear before Congress and may then opt to avail of the necessary legal means to compel his appearance.

Is the President covered by the power of inquiry? No. The President, on whom executive power is vested, is beyond the reach of Congress, except through the power of impeachment. It is based on the President’s position as the highest official of the executive branch, and the due respect accorded to a co-equal branch of government which is sanctioned by a long-standing custom.

Purpose of Section 22

What is executive privilege?

The provision formalizes the “oversight function” of Congress. Section 22 establishes the rule for the exercise of what is called the “oversight function” of Congress. Such function is intended to enable

Executive privilege is not a clear or unitary concept, although it has been defined as “the power of the Government to withhold information from

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Congress to determine how laws it has passed are being implemented.

What is “congressional oversight”?

Appearance of Heads of Departments by their own initiative


Broadly defined, the power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Clearly, oversight concerns post-enactment measures undertaken by Congress:

The Heads of Departments may upon their own initiative, with the consent of the President appear before and be heard by either House on any matter pertaining to their departments. Why permission of the President needed

(a) to monitor bureaucratic compliance with program objectives

(c) to eliminate executive waste and dishonesty

In deference to separation of powers, and because Department Heads are alter egos of the President, they may not appear without the permission of the President.

(d) to prevent executive usurpation of legislative authority

Exemption from summons applies only to Department Heads


(e) to assess executive conformity with the congressional perception of public interest. The power of oversight has been held to be intrinsic in the grant of legislative power itself and integral to the checks and balances inherent in a democratic system of government.

It should be noted, that the exemption from summons applies only to Department Heads and not to everyone who has Cabinet rank.

What are the categories of congressional oversight functions?

Bernas Primer: No. the “question hour” is proper to parliamentary system where there is no separation between the legislative and executive department. Section 22, unlike in the “question hour” under the 1973 Constitution, has made the appearance of department heads voluntary.

(b) to determine whether agencies are properly administered

Does Section 22 provide for a “question hour”?

The acts done by Congress purportedly in the exercise of its oversight powers may be divided into three categories, namely: (1) supervision, which connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area;

But wait! The SC in Senate v. Ermita, adopting the characterization of constitutional commissioner Hilario Davide, calls Section 22 as the provision on “Question Hour”:“[Section 22] pertains to the power to conduct a question hour, the objective of which is to obtain information in pursuit of Congress’ oversight function.”

(2) scrutiny, primarily intended to determine economy and efficiency of the operation of government activities, exercised through budget hearings, the “question hour” and the power of confirmation;

Reconcile: Although the Court decision calls this exercise a “question hour,” it does so only by analogy with its counterpart in parliamentary practice.

(3) investigation, which is also known as the “inquiry in aid of legislation“.

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Appearance at the request of Congress

by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

The Heads of Departments may upon their own initiative, with the consent of the President, or upon the request of either House as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments.

Paragraph (1)  Congress, by a vote of 2/3s of both houses in joint session,  Voting SEPERATELY,  Shall have the SOLE power to declare the existence of a state of war. o War is defined as armed hostilities between 2 STATES. o Does not prohibit waging of defensive war, even in the absence of the same. o The Constitution gives the legislature the power to declare the existence of the state of war and to enact all measures to support the war (this is where Par. 2 comes in.) The President MAY be given legislative powers if Congress so desires.

Written Questions. Written questions shall be submitted to the Senate President or the House Speaker at least 3 days before their scheduled appearance. Scope of Interpellations. Interpellations shall not be limited to written questions, but may cover matters related thereto. Executive Session.The appearance shall be conducted in executive session when: (1) The public interest so requires and (2) The President so states in writing.

Paragraph (2)  In times of war or national emergency, o There must be the same, no war nor emergency, then no emergency powers.  Congress may, by law, authorize the President, o Law must be passed authorizing the same.  For a limited period and subject to such restrictions as it may prescribe, (LIMITATIONS) o No set period therefore may be as short or as long as Congress may prescribe and restriction may be as broad or as narrow as Congress may prescribe.  To exercise powers necessary and proper to carry out a declared national policy. o Emergency powers are delegated to the President by the Congress to effectively solve the problems caused by war or other crisis which the Congress could not otherwise solve with more dispatch than the President. Meaning no need to get Congress approval for laws therefore no delay in meeting what is needed to overcome the emergency i.e. Draft Laws to recruit able-bodied men in a certain age range to become

Congress may refuse the initiative. Because of separation of powers, department secretaries may not impose their appearance upon either House. Hence, the Congress may refuse the initiative taken by the department secretary.

EMERGENCY POWERS Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn

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soldiers and punishing the same for refusal to comply in times of war.

o

Case: SANLAKAS v. Executive Secretary  wherein during the Oakwood Mutiny, PGMA issued Proclamation #47 declaring a State of Rebellion and Gen. Order #4 directing the AFP and PNP to suppress the rebellion, the Supreme Court held that:

POWER TO APPROPRIATE Appropriation- a statute the primary and specific purpose of which is to authorize the release of public funds from the treasury Classification:

1. There is no indication that the President has exercised judicial and legislative powers. In short, there is no illustration that the President has attempted to exercise or has exercised martial law powers.

1.

2.

2. Nor by any stretch of the imagination can the declaration constitute an indirect exercise of emergency powers, which exercise depends upon a grant of Congress pursuant to Section 23 (2), Article VI of the Constitution.

General- law passed annually; intended to provide for the financial operations of the entire government during one fiscal period Special- created for a specific purpose such as the creation of a fund for the relief of typhoon victim

Public money can only be appropriated for a public purpose. –this limitation arises from the relation between the power to spend and the power to tax.

3. The petitions do not cite a specific instance where the President has attempted to or has exercised powers beyond her powers as Chief Executive or as Commander-in-Chief. The President, in declaring a state of rebellion and in calling out the armed forces, was merely exercising a wedding of her Chief Executive and Commander-in-Chief powers. 4. These are purely executive powers, vested on the President by Sections 1 and 18, Article VII, as opposed to the delegated legislative powers contemplated by Section 23 (2), Article VI. 

If no period is set, then automatically emergency power ceases after Congress adjourns.

General Appropriation Act - to set aside an amount to be used for infrastructure, purchase of ambulances and computers and other priority projects and activities and credit facilities to qualified beneficiaries as proposed and identified by officials concerned (Representatives, Senators and the Vice President who were each allocated an amount) -the power given to such officials were merely recommendatory to the President who could approve or disapprove the recommendation -also known as Countrywide Development Fund (CDF); and PDAF or the pork barrel system

Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. (The Failsafe) o Limits the period wherein the emergency powers are granted to the president. Can be revoked before the period stipulated by Congress. o Resolution does not need Presidential approval.

Appropriations for the implementation of social justice programs, even if directly they benefit mainly private individuals, must be considered to be for a public purpose.

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distinguished foreigner. Cruz, Philippine Political Law, p. 155 (1995 ed).

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Exclusivity: because the House of Representatives are closer to the people and they are numerous in number compared to the Senate

1.

The following shall originate exclusively in the House of Representatives but the Senate may propose or concur with amendments: Law, p. 144 (1995 ed).

Textually, it is the “bill” which must exclusively originate from the House; but the “law” itself which is the product of the total bicameral legislative process originates not just from the House but from both Senate and House. (Tolentino v. Secretary of Finance)

2.

Tariff bill specifies the rates of duties to be imposed on imported articles. Cruz, Philippine Political Law, p. 144 (1995 ed).

(What the law just states is that the Bill must originate from the House of Representatives but the approval is still between the two Houses and the Senate may either amend or concur it)

3.

Appropriation bill is one whose purpose is to set aside a sum of money for public use. Only appropriation bills in the strict sense of the word are comprehended by the provision; bills for other purposes which incidentally set aside money for that purpose are not included. Bernas Commentary, p 748 (2003 ed).

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

4.

Revenue billis one that levies taxes and raises funds for the government. Cruz, Philippine Political

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

5.

A bill increasing public debt is illustrated by one floating bonds for public subscription redeemable after a certain period. Cruz, Philippine Political Law, p. 144 (1995 ed).

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

6.

Bills of local application are those which is limited to specific localities, such for instance as the creation of a town. Bernas Commentary, p 748 (2003 ed).

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

7.

Private bills are those which affect private persons, such for instance as a bill granting citizenship to a specific foreigner. Bernas Commentary, p 748 (2003 ed). Private bills are illustrated by a bill granting honorary citizenship to a

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to

39

augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

Reason. To prevent riders or irrelevant provisions that are included in the general appropriations bill to ensure their approval

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

Par 3. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. Reason. To prevent the adoption of appropriations sub rosa by the Congress.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Par 4. A special appropriations bill shall specify the following: a. b.

Par 1. The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

c.

purpose for which it is intended; and shall be supported by funds actually available as certified by the National Treasurer; or funds are to be raised by a corresponding revenue proposal therein

Par 5. No law shall be passed authorizing any transfer of appropriations1; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations2.

Budget – a proposal, a set of recommendations on the appropriations to be made for the operations of the government. It is used as a basis for the enactment of the general appropriations law; Reason: a. the President knows more about the needed appropriations than the legislature b. the President is ordinarily the party best qualified to know the maximum amount that the operation of his department requires since being responsible for the proper administration of the executive department

Reason. a.

Prohibits one department from transferring some of its funds to another department and thereby make it beholden to the former to the detriment of the doctrine of separation of powers. Such transfers are also unsystematic, besides in effect disregarding the will of the legislature that enacted the appropriation measure b. To afford the heads of the different branches of the government and those of the constitutional commissions consider- able flexibility in the use of public funds and resources" but that the leeway granted was limited. The purpose of augmenting an item and such transfer may be made only if there are savings from

Par 2. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

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another item in the appropriation of the government branch or constitutional body

public calamity or emergency, upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the journal.

In the augmentation: there is no danger to the doctrine of separation of powers because the transfer is made within a department and not from one department to another. The list of those who may transfer/augment funds (within the department as long as there are still savings) is exclusive. Thus, the Chief of Staff of the AFP may not be given authority. Likewise, the individual members of the Congress must still seek approval from the Speaker or Senate President.

BASIC RULES OF MAKING A BILL Paragraph 1 Only one subject: Mandatory rule, Technical construction, Liberal interpretation Requirements: (a) all parts of the law relates to the subject expressed in the title (all provisions of the stature are germane to the general subject) (b) It is not necessary that the title be a complete index of the content (sufficient if the title expresses the general subject) (title comprehensive enough to include subject related to the general purpose)

Par 6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. Reason. To prevent abuse and personal use of funds by the officials without the knowledge of the public Par 7. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Case: Alalayan vs NPC Alalayan and Philippine Power and Development Company, both franchise holders of electric plants in Laguna assails the validity of a section of an amendatory act, on the ground that, being a rider, it is violative of the constitutional provision requiring that a bill, which may be enacted into law, cannot embrace more than one subject, which shall be expressed in its title, as well as the due process guarantee, the liberty to contract of petitioners being infringed upon.

Reason. It addresses the situation where the Congress fail to enact a new general appropriation so as not to cripple the operations of the government by its failure or refusal Sec 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (3) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a

Supreme Court simply ruled that the Constitution does not require Congress to employ in the title of an enactment, language of such precision as to mirror, fully index or catalogue all the contents and the

41

minute details therein. It suffices if the title should serve the purpose of the constitutional demand that it inform the legislators, the persons interested in the subject of the bill, and the public, of the nature, scope and consequences of the proposed law and its operation. And this, to lead them to inquire into the body of the bill, study and discuss the same, take appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators.

Second reading (most important stage) : read in entirety, scrutinized, debated upon, and amended 5. Printed copies of the bill in its final form be distributed to the members three (3) days before its passage No amendment on the last reading (members merely register their votes and explain them if they are allowed by the rules, no more debate is allowed) Vote immediately after the last reading Yeas and nays entered in the Journal 6. Sent to the other House, undergo the three readings 7. If approved, submitted to the President for his consideration 8. Bill is enrolled (printed as finally approved by the Congress, authenticated with the signatures of the Senate President, the Speaker, and the Secretaries of their respective chambers, and approved by the President) 4.

B. C.

D. E. Only one subject: Purpose of the rule 1. To prevent hodge-podge (collection of miscellaneous things, creates confusion) or log-rolling legislature (concerted effort of law-making bodies to push forward mutually advantageous legislative agendas by combining two items into a single bill) 2. To prevent surprise and fraud on the legislature 3. To fairly appraise the people (can be heard and, if people desire, be subject to petition)

Sec 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the members of such House shall agree to pass the bill, it shall be sent, together with the objections, tot eh other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the members voting for or against shall be entered in its journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

Paragraph 2 Rules (A-E): A. Passed three readings on separate days, exception when the President certifies the necessity of its immediate enactment to meet a public calamity or emergency (ensures a more thorough study of the bills, address tendency of legislators to rush bills) Procedures (1-8): 1. A bill is introduced by any member of the House, except appropriation bills from HR only 2. First reading: number and title, referral of the Senate President or Speaker of the House 3. Bill may be killed or recommended for approval w/ or w/o amendments

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(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

members nominated from both Houses, is an extra-constitutional creation of *Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and in the House version of a bill Extent of the powers of the conference committee a) Amendments germane to the purpose of the bill could be introduced b) Can meet behind closed doors with only the conferees present 4) When the President does not act upon the measure within 30 days after it shall have been presented to him (Presidential Inaction)

PROCEDURAL RULES OF MAKING A LAW Paragraph 1. Three methods by which a bill may become a law 1) When the President signs it (Presidential Approval) (final approval of a bill does not make it immediately effective, laws become effective only after adequate publication) 2) When the President vetoes it but the veto is overridden by twothirds vote of all the members of each House (Presidential Veto). President vetoes if he does not approve of the bill and returns the passed bill with his objections to the House where it originated. 3) When the President fails to act on it within 30 days. Legislative reconsideration of the bill (How a vetoed bill can become a law) a. House where the bill originated enters the objections of the President at large in its Journal. b. Said House reconsiders the bill. c. 2/3 of the House reconsiders the bill. d. The bill together with the objections is sent to the other House for reconsideration e. Other house approves the bill by 2/3 of all the members of that House. f. Bill becomes a law

Paragraph 2 General rule: President disapproves, veto the entire bill Exceptions: (1) may veto separate items of appropriation, revenue and tariff bills (veto the entire item, not just a word in that item) (not veto the method or manner of using an appropriated amount) (item: indivisible sum of money dedicated to a stated purpose) (2) may veto inappropriate provisions or riders (does not affect other items of a bill) *Doctrine of Inappropriate Provision provision that is constitutionally inappropriate for an appropriation bill, singled out for veto even if it is not an appropriation or revenue “item” provision that does not relate to any particular item, or which extends in its operation beyond an item of appropriation purpose: to prevent the legislature from forcing the President to veto an entire appropriation law thereby paralyzing government

*Version approved by one House different from that of the other house - In a bicameral system bills are independently processed by both Houses of Congress. The “conference committee,” consisting of

43

repeal of laws should not be done in appropriation act in a separate law

but

religious, charitable, or educational purposes shall be exempt from taxation.

*Executive “impoundment”. Refusal of the President to spend funds already allocated by Congress for a specific purpose. The duty of the President of implementing law includes the duty to desist from implementing it when implementation would prejudice public interest

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

*When does the Constitution require that the yeas and nays of the Members be taken every time a House has to veto? 1) upon the last and third reading of the bill (Art VI, Sec 26) 2) at the request of one-fifth of the Members present (Art VI, Sec 16(4)) 3) in repassing a bill over the veto of the President (Art VI, Sec 27 (1))

Taxes - enforced proportional contributions from persons and property levied by the law making body of the state by virtue of its sovereignty for the support of the government and all public needs. Justice Holmes said: “Taxes are what we pay for civilized society.”

*Legislative veto means whereby the legislature can block or modify administrative action taken under a statute It is a form of legislative control in the implementation of particular executive actions

Lifeblood Theory- The power of taxation proceeds upon the theory that the existence of government is a necessity; that it cannot continue without means to pay its expenses; and that for these means, it has a right to compel all its citizens property within its limits to contribute.

Taxation- refers to the inherent power of the state to demand enforced contributions for public purposes.

The power to tax is inherent that it need not be granted by the Constitution. Section 28, in fact, is not a grant of power but an enumeration of limits on the inherent or otherwise almost unlimited power.

POWER OF TAXATION

A. SCOPE AND PURPOSE

Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

Purpose 1.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

2.

(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for

3.

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The primary and specific purpose is to raise revenue. ( to provide funds or property with which to promote the general welfare and the protection of its citizens and to enable it to finance its multifarious activities.) Instrument of national economic and social policy. (Used as an instrument to exterminate undesirable activities and enterprises- Power to destroy) Tool for regulation. ( For the purpose of regulating property) (4) The power to keep alive ( imposition of tariffs designed for

the encouragement and protection of locally produced goods against competition from imports)

4. Law granting tax exemption shall be passed only with the concurrence of the majority of all the members of Congress.

Scope. So pervasive that it reaches even the citizen abroad and his income earned from source outside the State.

(1) Rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

General Limit: For a public purpose; Due process and equal protection clauses

Two views in Uniformity: 1.

Specific Limit: Uniform and equitable (Section 28) Exercise of the power: Primarily vested in the national legislature.

2.

B. LIMITATIONS ON POWER TO TAX

Uniformity- signifies geographical uniformity. A tax is uniform when it operates with the same force and effect in every place where the subject is found. ( U.S. Constitution) Uniformity in taxation- means that persons or things belonging to the same class shall be taxed at the same rate.

General Limitation Case: Tan v. del Rosario. Uniformity means: (1) the standards that are used therefore are substantial and not arbitrary; (2) the categorization is germane to achieve the legislative purpose; (3) the law applies, all things being equal, to both present and future conditions; and (4) the classification applies equally well to all those belonging to the same class.

The power to Tax exists for general welfare. Hence, implicit in the power is the limitation that it should be exercised only for a public purpose. It is fundamental in democratic governments that taxes may be levied for public purpose only. Without this element, a tax violates the due process clause and is invalid.

Equitable. The tax burden must be imposed according to the taxpayer’s capacity to pay. (Ability to pay principle)

Specific Limitation:

Progressive System of Taxation. Tax system is progressive when the rate increases as the tax base increases.

1. Rule of taxation shall be uniform and equitable. Congress shall evolve a progressive system of taxation.

Reason: The explicit mention of progressive taxation in the Constitution reflects the wish of the Commission that the legislature should use the power of taxation as an instrument for a more equitable distribution of wealth.

2. Charitable institutions, etc. and all lands, building and improvements actually, directly and exclusively used for religious, charitable or educational purposes shall be exempt from taxation. (art. 6 §28(3) 3. All revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties. (art. 14 §4(3))

D. Delegated Tax Legislation (2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and

45

restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

the existing rates may be increased or decreased to any level on one or several stages but in no case shall be higher than a maximum of 100% ad valorem

General Rule: Congress may not delegate its law-making authority.

2) To establish import quota or to ban imports of any commodity, as may be necessary

One exception is that the power may be delegated in the instances where the Constitution itself specifically authorizes the delegation.

3) To impose an additional duty on all imports not exceeding 10% ad valorem whenever necessary

1. Conditions in the delegation of the power to tax:

3. Limitation Imposed Regarding the Flexible Tariff Clause

(1) Delegation must be made by law (2) The power granted is to fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties and impost.

(1) Conduct by the Tariff Commission of an investigation in a public hearing. The Commissioner shall also hear the views and recommendations of any government office, agency or instrumentality concerned. The NEDA thereafter shall submits its recommendation to the President.

(3) The said power is to be exercised within specified limits and subject to such limitations and restrictions as the Congress may impose. (4) The authorization of such power must be within the framework of the national development program of the Government.

(2) The power of the President to increase or decrease the rates of import duty within the abovementioned limits fixed in the Code shall include the modification in the form of duty. In such a case the corresponding ad valorem or specific equivalents of the duty with respect to the imports from the principal competing country for the most recent representative period shall be used as bases.

3. Tariff and Customs Code, Flexible Tariff Clause. The President is given by the Tariff and Customs Code ample powers to adjust tariff rates. Flexible Tariff Clause. The President may fix tariff rates, import and export quotas, etc. under TCC:

E. TAX EXEMPTIONS

1) To increase, reduce or remove existing protective rates of import duty (including any necessary change in classification)

(3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and

46

exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

Bills ordinarily passed with support of only a simple majority, or a majority of those present and voting. The above provision requires an absolute majority of the entire membership of the Congress because a tax exemption represents a withholding of the power to tax and consequent loss of revenue to the government.

1. Kind of tax exemption under 28(3) The exemption created by Section 28 is only for taxes assessed as property taxes and not excise tax.

Exemptions granted, however whether by the Constitution or by statute, should not be extended beyond what is covered. Thus, although the former Camp John Hay was declared a special economic zone, that fact did not itself also give to John Hay the tax exemptions given specifically to the Subic Special Economic Zone under R.A. 7277.

Property Tax. Tax assessed on Real estate property Excise Tax. Tax on enjoyment of privileges (Ex. Income Tax, Transfer Tax) 2. “Exclusively used for religious, charitable, or educational purposes”. The phrase “exclusively used for educational purposes” extends to facilities which are incidental to and reasonably necessary for the accomplishment of the main purpose

( John Hay Peoples Alternative vs. Lim)

POWER TO SPEND Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

4. Elements to be considered in determining whether an enterprise is a charitable institution/entity (Lung Center v. QC): (1) Statute creating the enterprise (2) Its corporate purposes (3) Its constitution and by-laws (4) Method of administration (5) Nature of actual work performed (6) Character of services rendered (7) Indefiniteness of the beneficiaries (8) Use and occupation of the properties

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

47

to pursue certain legitimate objects of government in the exercise of police power, and none other.

Par 1. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. (Spending Power)



Reason. a.

The people’s treasure that the people’s treasure may be sent only with their consent. That consent is to be expressed either in the Constitution itself or in valid acts of the legislature as the direct representative of the people. b. limits the disbursing authority of the executive department; the Congress therefore controls the expenditure of public funds

Limitations *based on UTOPIA reviewer* A. Specific Limitations on the power of appropriation 1. Appropriation bills should originate in the House of Representatives. (art. 6 sec 24) 2. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. (art. 6 sec 25(6))

Par 2. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

B. Constitutional limitations on special appropriation measures 1. Must specify the public purpose for which the sum is intended. (art 6 sec 25 (4)) 2. Must be supported by funds actually available as certified to by National Treasurer, or to be raised by a corresponding revenue proposal included therein. (art 6 sec 25(4)) 3. Prohibition against appropriations for sectarian benefit. (art 6 sec 29(2))

Reason. To further bolster this principle and emphasize the neutrality of the State in ecclesiastical matters; separation of Church and State Par 3. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

C. Constitutional rules on general appropriations law 1. Congress may not increase the appropriations recommended by the President. (art 6 sec 25(1)) 2. The form, content, and manner of preparation for the budget shall be prescribed by law. (art 6 sec 25(1)) 3. Rule on riders. (art 6 sec 25(2)) 4. Procedure for approving appropriations for Congress. (art 6 sec 25(3))

Reason. To prevent abuse in the disposition of funds Case: PCGG vs COCOFED 

An entity, whether public or private, which holds the tax money has no authority to disburse it or to pay any of it to anyone, the power to dispose of such money being vested in the legislature

The fundamental rule is that tax proceeds may only be used for a public purpose, which may either be a general public purpose to support the existence of the state or a special public purpose

48

5. 6. 7.

Prohibition against transfer of appropriations. (art 6 sec 25(5)) Rule on automatic reappropriation. (art 6 sec 25(7)) Prohibition against appropriations for sectarian benefit. (art 6 sec 29(2))

The Federalist (No. 84), speaking of the importance of the prohibition against titles of nobility in the Federal Constitution, says: "This may truly be denominated the cornerstone of republican government; for so long as they are excluded there can never be serious danger that the government will be any other than that of the people." Section 32. The Congress shall as early as possible, provide for a system of Initiative and Referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

LIMITATIONS *based on Bernas book* 1.

Appropriation bills should originate in the House of Representatives. (art. 6 sec 24) 2. The form, content, and manner of preparation for the budget shall be prescribed by law. (art 6 sec 25(1)) 3. Rule on riders. (art 6 sec 25(2)) 4. Procedure for approving appropriations for Congress. (art 6 sec 25(3)) 5. Must specify the public purpose for which the sum is intended. (art 6 sec 25 (4)) 6. Prohibition against transfer of appropriations. (art 6 sec 25(5)) 7. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. (art. 6 sec 25(6)) 8. Rule on automatic re-appropriation. (art 6 sec 25(7)) 9. Prohibition against appropriations for sectarian benefit. (art 6 sec 29(2)) 10. General Appropriation law must be based on the budget prepared by the President

Initiative. The power of the people to propose AMENDMENTS to the Constitution or to PROPOSE AND ENACT legislation, be it national in scope or local.  Only amendments to the Constitution are allowed, REVISION of the same is not. Case: Lambino v. COMELEC. Revision broadly implies a change that alters basic principle in the Constitution like altering the principle of separation of powers or the system of checks and balance. The initiative of the petitioners is a revision and not merely an amendment. Case: Defensor-Santiago v. COMELEC The SC found that R.A. No. 6735 “The Initiative and Referendum Act” is incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned. Its lacunae on this substantive matter are fatal and cannot be cured by empowering the COMELEC to promulgate such rules and regulations as may be necessary to carry out the purposes of [the] Act.

Section 31. No law granting a title of royalty or nobility shall be enacted. Reason. To preserve the republican and democratic nature of our society by prohibiting the creation of privileged classes with special perquisites not available to the rest of the citizenry.

Limitations on LOCAL INITIATIVE: a) Shall not be exercised more than once a year.

Speaking in support of a similar provision at the 1935 Constitutional Convention, Delegate Laurel said:

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b) Shall only extend to subjects or matters which are within the legal powers of the local legislative bodies to enact. c) If before the initiative is held, the local legis adopts the proposition presented in toto, initiative shall be cancelled. Those against such action may, if they do so desire, apply for initiative.

district must be represented by at least three per centum of the registered voters thereof. Initiative – the power of the people to propose AMENDMENTS to the Constitution or to PROPOSE AND ENACT legislation, be it national in scope or local.

Referendum. The power of the electorate to approve or reject legislation thru an election called for the purpose. May be of national scope or local legislation.



Only amendments to the Constitution are allowed, REVISION of the same is not.

Case: Lambino v. COMELEC.  Revision broadly implies a change that alters basic principle in the Constitution like altering the principle of separation of powers or the system of checks and balance. The initiative of the petitioners is a revision and not merely an amendment.

Prohibited measures: a) Petitions embracing more than one subject. b) Statutes involving emergency measures cannot be subject to referendum until 90 days after their effectivity. (sec 10, RA 6735 The Initiative and Referendum Act)

Limitations on LOCAL INITIATIVE: 1. Shall not be exercised more than once a year. 2. Shall only extend to subjects or matters which are within the legal powers of the local legislative bodies to enact. 3. If before the initiative is held, the local legis adopts the proposition presented in toto, initiative shall be cancelled. Those against such action may, if they do so desire, apply for initiative.

Section 31. No law granting a title of royalty or nobility shall be enacted. Reason. To preserve the republican and democratic nature of our society by prohibiting the creation of privileged classes with special perquisites not available to the rest of the citizenry. Speaking in support of a similar provision at the 1935 Constitutional Convention, Delegate Laurel said:

REFERENDUM- power of the electorate to approve or reject legislation thru an election called for the purpose. May be of national scope or local legislation.

The Federalist (No. 84), speaking of the importance of the prohibition against titles of nobility in the Federal Constitution, says: "This may truly be denominated the cornerstone of republican government; for so long as they are excluded there can never be serious danger that the government will be any other than that of the people."

Prohibited measures: 1. Petitions embracing more than one subject. 2. Statutes involving emergency measures cannot be subject to referendum until 90 days after their effectivity. (sec 10, RA 6735 The Initiative and Referendum Act)

Section 32. The Congress shall as early as possible, provide for a system of Initiative and Referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative

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