ARTICLE VI – THE LEGISLATIVE DEPARTMENT
SENATE
Section 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the
extent reserved to the people by the provision on
initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original - Possessed by the people in their
sovereign capacity
2. De legated – Possessed by Congress and other
legislative bodies by virtue of the Constitution
3. Constituent - The power to amend or revise the
Constitution
4. Ordinary - The power to pass ordinary laws
Note:
The original legislative power of the people is noon, 30 June next following their election.
exercised via initiative and referendum. In this manner,
people can directly propose and enact laws, or approve or
reject any act or law passed by Congress or a local Term Limitations:
government unit.
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g.
no law shall be passed establishing a state religion.
2. Procedural – limitations on the manner of passing laws.
E.g. generally a bill must go through three readings on three Sections 5-7. HOUSE OF REPRESENTATIVES
separate days.
Note:
Provided that these two limitations are not
exceeded, Congress’ legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since
Congress’ powers are plenary, and limited only by the
Constitution, any attempt to limit the powers of future
Congresses
via an irrepealable law is not allowed.
2. Congress, as a general rule, cannot delegate its
legislative power. Since the people have already delegated
legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such
delegation [see Art. VI Sec 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative
agencies, RULE-MAKING POWER or LAW EXECUTION.
This involves either of two tasks for the administrative
agencies:
1. “Filling up the details” on an otherwise complete statute;
or
2. Ascertaining the facts necessary to bring a “contingent”
law or provision into actual operation
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
Sections 2-4.
Composition
24 senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately
preceding the day of the election
Note: The qualifications of both Senators and Members of
the House are limited to those provided by the Constitution.
Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at
1. No Senator shall serve for more than 2 consecutive
terms
2. Voluntary renunciation of office for any length of
time shall not be considered as an interruption in the
continuity of his service for the full term for which he
was elected.
Composition:
1. Not more than 25 members, unless otherwise fixed
by law; and
2. Party-list Representatives
Election of 250 members
1. They shall be elected from legislative districts
apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance
with the number of inhabitants of each area and on
the basis of a uniform and progressive ratio.
a. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
b. Each city with at least 250,000 inhabitants will be
entitled to at least one representative.
c. Each province will have at least one representative
d. Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
census. According to Jack, however, while
the apportionment of districts is NOT a political
question, the judiciary CANNOT compel Congress
to do this
e. The standards used to determine the apportionment
of legislative districts is meant to prevent
‘gerrymandering’, which is the formation of a
legislative district out of separate territories so as to
favor a particular candidate or party
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years old on the day of the election;
 3. Able to read and write;
4. Registered voter in the district he seeks to
represent; and
5. A resident of such district for at least one year
immediately preceding the day of the election.
Term of Office
Sec. 9. In case of vacancy in the Senate or in the
House of Representatives, a SPECIAL ELECTION may
be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.

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

Term Limitations No increase in their salaries shall take effect until after the
EXPIRATION OF THE FULL TERM (NOT TENURE) OF
No member of the House of Representatives shall ALL THE MEMBERS OF THE SENATE AND THE
serve for more than three (3) consecutive terms. HOUSE OF REPRESENTATIVES APPROVING SUCH
INCREASE
Distinctions between Term and Tenure
Note: Since the Constitution ‘provides for rules on “salaries”
1. Definition and not on ‘emoluments,’ our distinguished legislators can
appropriate for themselves other sums of money such as
a. Terms means the period during which the travel allowances, as well as other side ‘benefits.’
elected officer is legally authorized to
assume his office and exercise the powers Sec. 11. CONGRESSION AL IMMUNITIES
thereof
b. Tenure is the actual period during 1.) Immunity from arrest
which such officer actually holds his a. Legislators are privileged from arrest while
position. Congress is “in session” with respect to
offenses punishable by up to 6 years of
imprisonment. Thus, whether Congress is in
2. Limitation/Possible Reduction regular or special session, the immunity from
arrest applies.
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a b. If Congress is in recess, members thereof may
provision which considers an elective office be arrested
automatically vacated when the holder c. The immunity is only with respect to arrests and
thereof files a certificate of candidacy for NOT to prosecution for criminal offenses.
another elective office (except President and
Vice-President) is valid, as it only affects the 2.) Legislative privilege
officers tenure and NOT his constitutional term. a. No member shall be questioned or held liable in
any forum other than his/her respective
Congressional body for any debate or speech in the
Party-List Representatives Congress or in any Committee thereof.

1. Constitute 20% of the total number of

representatives, including those under the party-list
system (thus a maximum of 50 party-list members of
the House)
2. However, for 3 consecutive terms from 2 February
1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral
representatives are to be appointed by the
President until legislation otherwise provides.
3. Mechanics of the party-list system:
a. Registered organizations submit a list of
candidates in order of priority
b. During the elections, these organizations
are voted for at large
c. The number of seats that each organization
gets out of the 20% allotted to the system
depends on the number of votes they get.
4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the
election
c. Able to read and write
b. Limitation on the privilege:
 Protection is only against forum other than
Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a
member may be sanctioned by either the
Senate or the House as the case may be.
 The ‘speech or debate’ must be made in
performance of their duties as members of
Congress. This includes speeches
delivered, statements made, votes cast, as
well as bills introduced, and other activities
done in performance of their official duties
 Congress need NOT be in session when the
utterance is made, as long as it forms part
of ‘legislative action,’ i.e. part of the
deliberative and communicative process
used to participate in legislative
proceedings in consideration of proposed
legislation or with respect to other matters
with Congress’ jurisdiction.
Sec. 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office,

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

Disqualifications: Election of Officers

By a majority vote of all respective members

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

 IF the office was created or 1. Each House shall determine its own procedural
the emoluments thereof rules.
increased during the term for 2. Since this is a power vested in Congress as part of
which he was elected. its inherent powers, under the principle of separation
of powers, the courts cannot intervene in the
3. Legislators cannot personally appear as implementation of these rules insofar as they affect
counsel before any court of justice, the members of Congress
electoral tribunal, quasi-judicial and 3. Also, since Congress has the power to make these
administrative bodies. rules, it also has the power to ignore them when
circumstances so require
 During his term of office
Discipline:
4. Legislators cannot be financially
interested directly or indirectly in any 1. Suspension
contract with or in any franchise, or special a. Concurrence of 2/3 of ALL its members and
privilege granted by the Government, b. Shall not exceed 60 days.
or any subdivision, agency or
instrumentality thereof, including any 2. Expulsion
GOCC or its subsidiary.  Concurrence of 2/3 of ALL its members.
 During his term of office Congressional Journals and Records:

5. Legislators cannot intervene in any 1. The Journal is conclusive upon the courts.
matter before any office of the
government.
2. BUT an enrolled bill prevails over the contents of the
Journal
 When it is for his 3. An enrolled bill is the official copy of approved
pecuniary benefit or where he legislation and bears the certifications of the
may be called upon to act on presiding officers of each House. Thus where the
account of his office. certifications are valid and are not withdrawn, the
contents of the enrolled bill are conclusive upon the
courts as regards the provision of that particular bill.

Sec. 15. REGULAR AND SPECIAL SESSIONS Adjournments:

Regular Sessions:
1. Congress convenes once every year on the 4th
Monday of July (unless otherwise provided for by
law)
2. Continues in session for as long as it sees fit, until
30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal Section 17: THE ELECTORAL TRIBUNAL
holidays.
Special Sessions:
1. Neither House can adjourn for more than 3 days
during the time Congress is in session without the
consent of the other House.
2. Neither can they adjourn to any other place than that
where the two houses are sitting, without the
consent of the other.
The Senate and the House shall each have an Electoral
Tribunal which shall be composed of:

Called by the President at any time when Congress is not in 1. 3 Supreme Court Justices to be designated by the
session Chief Justice; &
2. 6 Members of the Senate or House, as the case

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
 may be. The senior Justice in the Electoral Tribunal
shall be its Chairman.
Note: The congressional members of the ET’s shall
be chosen on the basis of proportional representation
from the political parties and party-list organizations Jurisdiction
Jurisdiction:
1. Each ET shall be the sole judge of all CONTESTS
relating to the election, returns, and qualifications of
their respective members. This includes
determining the validity or invalidity of a
proclamation declaring a particular candidate as the
winner
2. An ‘election contest’ is one where a defeated
candidate challenges the qualification and claims for
himself the seat of a proclaimed winner
3. In the absence of an election contest, the ET is
without jurisdiction. However, the power of each
House to expel its own members or even defer their
oath-taking until their qualifications are determined
may still be exercised even without an election
contest.
Issues regarding the Electoral Tribunals:
2. The CA shall act on all appointments within 30
session days from their submission to Congress.
3. The Commission shall rule by a majority vote of all
the Members.
1. CA shall confirm the appointments by the
President with respect to the following positions:
a. Heads of the Executive Departments
(except if it is the Vice-President who is
appointed to the post).
b. Ambassadors, other public ministers or
consuls
c. Officers of the AFP from the rank of Colonel
or Naval Captain: and
d. Other officers whose appointments are
vested in him by the Constitution (e.g.
COMELEC members).
2. Congress CANNOT by law prescribe that the
appointment of a person to an office created by
such law shall be subject to confirmation by the CA.

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

2. The ETs being independent bodies, its members
may not be arbitrarily removed from their positions in
the tribunal by the parties which they represent.
Neither may they be removed for not voting
according to party lines, since they are
acting independently of Congress.
3. The mere fact that the members of either the Senate
or the House sitting on the ET are those which are
sought to be disqualified due to the filing of an
election contest against them does not warrant all of
them from being disqualified from sitting in the ET.
The Constitution is quite clear that the ET must act
with both members from the SC and from the
Senate or the House. If all the legislator-members
of the ET were to be disqualified, the ET would not
be able to fulfill its constitutional functions
4. Judicial review of decisions of the ETs may be had
with the SC only insofar as the decision or
resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion
constituting denial of due process
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1. Senate President as ex-officio chairman
2. 12 Senators; and
3. 12 Members of the House
Note: The 12 Senators and 12 Representatives are elected
on the basis of proportional representation from the political
1. Since experience has shown that mere requests
parties and party-list organizations
Voting/Action
1. The chairman shall only vote in case of a tie.
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
1. CA meets only while Congress is in session
2. Meetings are held either at the call of the Chairman
or a majority of all its members
3. Since the CA is also an independent constitutional
body, its rules of procedure are also outside the
scope of congressional powers as well as that of the
judiciary
Note: The ET and the CA shall be constituted within 30
days after the Senate and the House of Representative shall
have been organized with the election of the President and
the Speaker
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may
conduct inquires ‘in aid of legislation’
2. “In aid of legislation” does not mean that there is
pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for
purposes of proposing future legislation
3. If the stated purpose of the investigation is to
determine the existence of violations of the law, the
investigation is no longer ‘in aid of legislation’ but ‘in
aid of prosecution’ This violates the principle of
separation of powers and is beyond the scope
of congressional powers
Enforcement:
for information does not usually work, Congress
has the inherent power to punish recalcitrant
witnesses for contempt, and may have them
incarcerated until such time that they agree to
testify.
 2. The continuance of such incarceration only subsists a. By resolution of Congress or
for the lifetime, or term, of such body. Once the b. Upon the next adjournment of Congress
body ceases to exist after its final
adjournment, the power to incarcerate ceases to Sections 24-27, 30-31 LEGISLATION
exist as well. Thus, each ‘Congress’ of the House
lasts for only 3 years. But if one is incarcerated by Bills that must originate from the House of
the Senate, it is indefinite because the Senate, with Representatives (Section 24)
its staggered terms, is a continuing body CODE: A R T Pu Lo P
3. BUT, in order for a witness to be subject
to this incarceration, the primary requirement is 1. Appropriation bills
that the inquiry is within the scope of Congress’ 2. Revenue bills
powers. i.e. it is in aid of legislation 3. Tariff bills
4. The materiality of a question is determined not by 4. Bills authorizing the increase of Public debt
its connection to any actually pending legislation, 5. Bills of local application
but by its connection to the general scope of the 6. Private bills
inquiry
5. The power to punish for contempt is inherent in Note: The Senate may, however, propose or concur with
Congress and this power is sui generis. It cannot amendments
be exercised by local government units unless they
are expressly authorized to do so. Appropriation bills

1. The primary and specific aim of an

Limitations:
1. The inquiry must be conducted in accordance
with the ‘duly published rules of procedure’ of
the House conducting the inquiry; and
2. The rights of persons appearing in or affected by
such inquiries shall be respected Ex. The right
against self-incrimination
Appearance by department heads before Congress:
1. Since members of the executive department
are co-equals with those of the legislative
department, under the principle of separations of
powers, department heads cannot be compelled
to appear before Congress. Neither may
the department heads impose their appearance
upon Congress.
2. Department heads may appear before Congress in
the following instances:
a. Upon their own initiative, with the consent of the
President (and that of the House concerned); or
b. Upon the request of either House (which cannot
compel them to attend)
appropriation bill is to appropriate a sum of money
from the public treasury.
2. Thus, a bill enacting the budget is an
appropriations bill
3. BUT: A bill creating a new office, and
appropriating funds therefor is NOT an
appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to
raise money or revenue through imposition or
levy.
2. Thus, a bill introducing a new tax is a revenue bill,
but a provision in, for instance the Videogram
Regulatory Board law imposing a tax on video
rentals does not make the law a revenue bill
Bills of local application
A bill of local application, such as one asking for the
conversion of a municipality into a , is deemed to have
originated from the House provided that the bill of the House
was filed prior to the filing of the bill in the Senate even if, in
the end, the Senate approved its own version.

3. The appearance will be conducted in EXECUTIVE Limitations:

SESSION when:
a. Required by the security of state or required by 1. For appropriation bills
public interest; and
b. When the President so states in writing a. Congress cannot increase the appropriations
Sections 23-24. DECLARATION OF WAR/EMERGENCY recommended by the President for the operation of
POWERS the Government as specified in the budget

Vote requirement: (to declare the existence of a state of b. Each provision or enactment in the
war General Appropriations Bill must relate
1. 2/3 of both Houses, in joint session specifically to some particular appropriation
2. Voting separately therein and any such provision or enactment must
be limited in its operation to the appropriation to
Emergency powers: which it relates

1. During times of war or other national emergency,
Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry
out a declared national policy.
2. Limitations:
a. Powers will be exercised for a limited period
only; and
b. Powers will be subject to restrictions
prescribed by Congress
3. Expiration of emergency powers
c. The procedure in approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies
d. A special appropriations bill must specify the
purpose for which it is intended and must be
supported by funds actually available as
certified by the National Treasurer or to be
raised by a corresponding revenue proposal therein

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
 e. Transfer of appropriations:
 Rule: No law shall be passed authorizing
any transfer of appropriations
 BUT the following may, BY LAW, be
authorized to AUGMENT any item in the
general appropriations law for their
respective offices from savings in other
items of their respective appropriations
• President
• President of the Senate
• Speaker of the House of
Representatives
• Chief of Justice of the Supreme
Court
• Heads of the Constitutional
Commissions
f. Discretionary funds appropriated for particular
officials shall be
 Disbursed only for public
purposes
 Should be supported by
appropriate vouchers; and
 Subject to guidelines as
may be prescribed by law.
g. If Congress fails to pass General Appropriations
Bill (GAB) by the end of any fiscal year:
 The GAB for the previous year is deemed
reenacted
 It will remain in full force and effect until the
GAB is passed by Congress
2. For law granting tax exemption
It should be passed with the concurrence of a
MAJORITY of ALL the members of Congress
bill is passed to the proper committee
Second reading – Entire text is read and
debates are held, and amendments
introduced
Third reading – only the title is read, no
amendments are allowed. Vote shall be
taken immediately thereafter and the yeas
and nays entered in the journal
Veto power of President
1. Every bill, in order to become a law, must be
presented to and signed by the President
2. If the President does not approve of the bill, he shall veto
the same and return it with his objections to the House from
which it originated. The House shall enter the objections in
the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he fails to
do so, the bill shall become a law as if he signed it
4. This rule eliminates the ‘pocket veto’ whereby the
President would simply refuse to act on the bill
5. To OVERRIDE the veto, at least 2/3 of ALL the members
of each House must agree to pass the bill. In such case,
the veto is overriden and becomes a law without need of
presidential approval.
6. Item veto
a. The President may veto particular items in an
appropriation, revenue or tariff bill
b. This veto will not affect items to which he does
not object
c. Definition of item

3. For bills in general TYPE OF BILL ITEM

a. Every bill shall embrace only one (1) subject, as
expressed in the title thereof
 As a mandatory requirement
 The title does not have to be a complete
catalogue of everything stated in the bill. It
is sufficient if the title expresses the general
subject of the bill and all the provisions of
the statute are germane to that general
subject
 A bill which repeals legislation regarding the
subject matter need not state in the title that
it is repealing the latter. Thus, a repealing
clause in the bill is considered germane to
the subject matter of the bill.
1. Revenue/tax bill Subject of the tax and
the tax rate imposed thereon
2. Appropriations bill Indivisible sum
dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not
relate to a particular appropriation stated in
the bill
2. Since it is an invalid provision under
Section 25(2), the President may veto it as
an item
Specific limitations on legislation

b. Readings 1. No law shall be enacted increasing the Supreme

1. In order to become a law, each bill Court’s appellate jurisdiction without the SC’s advice and
must pass three (3) readings in both concurrence
Houses.
2. No law shall be enacted granting titles of royalty or nobility
2. General rule: Each reading shall be held
on separate days & printed copies thereof Section 28. POWER TO TAX
in its final form shall be distributed to its
Members three (3) days before its Limitations:
passage.
1) The rule of taxation should be UNIFORM
3. Exception: If a bill is certified as urgent 2) It should be EQUITABLE
by the President as to the necessity of its 3) Congress should evolve a PROGRESSIVE system of
immediate enactment to meet a public taxation
calamity or emergency, the 3 readings can 4) The power to tax must be exercised for a public purpose
be held on the same day. because the power exists for the general welfare
5) The due process and equal protection clauses of
4. First reading – only the title is read; the the Constitution should be observed.

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
Delegation of power to fix rates safety of clergymen.

1) Congress may, BY LAW, authorize the President to fix the d) ALSO, the temporary use of public property for
following religious purposes is valid, as long as the property
is available for all religions
a) Tariff rates
b) Import and Export Quotas 3) Special Funds
c) Tonnage and wharfage dues
d) Other duties and imposts a) Money collected on a tax levied for a special
Within the framework of the national development purpose shall be treated as a special fund and
program of the Government paid out for such purpose only

2) The exercise of such power by the President shall be b) Once the special purpose is fulfilled or
within the specified limits fixed by Congress and subject to abandoned, any balance shall be transferred
such limitations and restrictions as it may impose to the general funds of the Government

Constitutional tax exemptions: Section 32. INITIATIVE AND REFERENDUM

1) The following properties are exempt from REAL 1) Through the system of initiative and referendum, the
PROPERTY taxes people can directly propose and enact laws or approve
(CODE: Cha Chu M- C A) or reject any act or law or part thereof passed by
the Congress or local legislative body
a) Charitable institutions
b) Churches, and parsonages or convents 2) Required Petition
appurtenant thereto a) Should be signed by at least 10% of the total
c) Mosques number of registered voters
d) Non-profit cemeteries; and b) Every legislative district should be represented by
e) All lands, buildings and improvements actually, at least 3% of the registered voters
directly and exclusively used for religious, charitable, c) Petition should be registered
or educational purposes

2) All revenues and assets of NON-STOCK NON-PROFIT

EDUCATIONAL institutions are exempt from taxes and
duties PROVIDED that such revenues and assets are
actually, directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions

used actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse

1) No money shall be paid out of the National Treasury

EXCEPT in pursuance of an appropriation made by law.

a) This places the control of public funds in the

hands of Congress.
b) BUT: This rule does not prohibit
continuing appropriations. e.g. for debt
servicing. This is because the rule does
not require yearly, or annual appropriation

2) Limitations
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property,
directly or indirectly, in favor of:
 Any sect, church, denomination, or
sectarian institution or system of religion
or
 Any priest, preacher, minister, or other
religious teacher or dignitary as such
EXCEPT if the priest, etc is assigned to:
• the Armed Forces; or
• any penal institution; or
• government orphanage; or ARTICLE VII - THE EXECUTIVE DEPARTMENT
• leprosarium
Section 1. EXECUTIVE POWER
c) BUT the government is not prohibited from
Scope:
appropriating money for a valid secular
purpose, even if it incidentally benefits a religion,
1) Executive power is vested in the President of the
e.g. appropriations for a national police force is
Philippines.
valid even if the police also protects the
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
2) The scope of this power is set forth in Art. VII of the c) Any person who has succeeded as President,
Constitution. But this power is not limited to those set forth and served as such for more than 4 years shall NOT
therein. The SC, in Marcos v. Manglapus, referred to the be qualified for election to the same office at any
RESIDUAL powers of the President as the Chief Executive time.
of the country, which powers include others not set forth in
the Constitution. EXAMPLE: The President is immune from 2) Vice-President:
suit and criminal prosecution while he is in office.
a) 6 years, starting and ending the same time as the
3) Privilege of immunity from suit is personal to the President President.
and may be invoked by him alone. It may also be waived by
the President, as when he himself files suit. b) Term limitation: 2 successive terms.

4) BUT The President CANNOT dispose of state property c) Voluntary renunciation of the office for any length
unless authorized by law. of time is NOT an interruption in the continuity of
service for the full term for which the Vice-
Section 2. QUALIFICATIONS President was elected.

1) Natural-born citizen of the Philippines Section 6. SALARIES AND EMOLUMENTS

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

3) Not later than 30 days after the day of the election, the c. Both President and VP-elect are not
certificates shall be opened in the presence of both houses chosen or do not qualify or both die, or both
of Congress, assembled in joint public session. become permanently disabled.
 1. Senate President or
4) The Congress, after determining the authenticity  2. In case of his inability, the Speaker of the
and due execution of the certificates, shall canvass the House shall act as President until a
votes. President or a VP shall have been
chosen and qualified.
5) The person receiving the highest number of votes shall be  In case of death or disability of (1) and (2),
proclaimed elected. Congress shall determine, by law, who will
be the acting President.
6) In case of a tie between 2 or more candidates, one shall
be chosen by a majority of ALL the members of both 2. Vacancies after the office is initially filled:
Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting President a. President dies, is permanently disabled, is
until the deadlock is broken. impeached, or resigns.
 Vice-President becomes President for the
7) The Supreme Court en banc shall act as the sole judge
unexpired term.
over all contests relating to the election, returns, and
qualifications of the President or Vice-President and may
b. Both President and Vice-President die,
promulgate its rules for the purpose.
become permanently disabled, are impeached,
or resign.
Term of Office
 1. Senate President or
1) President  2. In case of his inability, the Speaker of the
House shall act as President until a
a) 6 years beginning at noon on 30 June President or a VP shall have been
immediately following the election and ending at chosen and qualified.
noon on the same day 6 years later.
3) Vacancy in office of Vice-President during the term for
b) Term limitation: Single term only; not eligible for which he was elected:
any reelection.
a) President will nominate new VP from any
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
 member of either House of Congress. UNLESS:

b) Nominee shall assume office upon confirmation
by majority vote of ALL members election to elect
a President and a VP. The special
election cannot be postponed.
c) The special election shall be held not earlier than
45 days not later than 60 days from the time of the
enactment of the law.
d) The 3 readings for the special law need not be
held on separate days.
 Otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec.
of Justice sits on Judicial and Bar Council); or
 The positions are ex-officio and they do not receive
any salary or other emoluments therefore (e.g. Sec.
of Finance is head of Monetary Board).
b. Practicing, directly or indirectly, any other
profession during their tenure;
c. Participating in any business;

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

6) Presidential Illness: 2) While Congress (and the Constitution in certain

cases) may prescribe the qualifications for particular
a) If the President is seriously ill, the public must be offices, the determination of who among those who are
informed thereof. qualified will be appointed is the President’s prerogative.
Scope:
b) Even during such illness, the National
Security Adviser, the Secretary of Foreign Affairs, The President shall appoint the following:
and the Chief of Staff of the AFP are entitled to
access to the President 1) Heads of executive departments (CA confirmation
needed):
Section 13. DISQUALIFICATIONS
2) Ambassadors, other public ministers, and consuls (CA
SUBJECT SOURCE OF DISQUALIFICATION confirmation needed).

1. President, Vice-President, Cabinet Members, Deputies 3) Officers of AFP from rank of colonel or naval captain (CA
or Assistants of Cabinet Members are prohibited from: confirmation needed).

a. Holding any office or employment during their tenure, 4) Other officers whose appointment is vested in

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
him by the Constitution (CA confirmation needed), such
as: 3) Appointments to fill an office in an ‘acting’ capacity are
NOT ad-interim in nature and need no CA approval.
a) Chairmen and members of the COMELEC, COA
and CSC. Appointments by an Acting President:

b) Regular members of the Judicial and Bar Council. These shall remain effective UNLESS revoked by the
elected President within 90 days from his assumption or re-
c) The Ombudsman and his deputies; assumption of office.

d) Sectoral representatives in Congress. Limitation

N.B. 1) 2 months immediately before the next Presidential

elections, and up to the end of his term, the President or
President also appoints members of the Supreme Court and Acting President SHALL NOT make appointments. This is
judges of the lower courts, but these appointments do not to prevent the practice of ‘midnight appointments.”
need CA confirmation.

5) All other officers whose appointments are not otherwise

provided for by law; and those whom he may be authorized 2) EXCEPTION:
by law to appoint.
a) Can make TEMPORARY APPOINTMENTS
a) This includes the Chairman and members of
the Commission on Human Rights, whose b) To fill EXECUTIVE POSITIONS;
appointments are provided for by law NOT
by the Constitution. c) If continued vacancies therein will prejudice public service
or endanger public safety.
b) Congress may, by law, vest the appointment of
other officers lower in rank in the President alone Section 17. Power of Control and Supervision
or in the courts, or in the heads of
departments, agencies, boards or commissions. Power of Control:

c) BUT Congress cannot, by law, require CA The power of an officer to alter, modify, or set aside what a
confirmation of the appointment of other officers for subordinate officer has done in the performance of his
offices created subsequent to the 1987 Constitution duties, and to substitute the judgment of the officer for that of
(e.g. NLRC Commissioners, Bangko Sentral his subordinate. Thus, the President exercises
Governor). control over all the executive departments, bureaus,
and offices.
d) ALSO: Voluntary submission by the President to
the CA for confirmation of an appointment which is The President’s power over government-owned
not required to be confirmed does not vest the CA corporations comes not from the Constitution but from
with jurisdiction. The President cannot extend the statute. Hence, it may be taken away by statute.
scope of the CA’s power as provided for in the
Constitution. Qualified Political Agency:

Procedure: 1) Since all executive and administrative organizations are

adjuncts of the Executive Department, the heads of such
1) CA confirmation needed: departments, etc. are assistants and agents of the
President.
a) Nomination by President
b) Confirmation by CA 2) Thus, generally the acts of these department heads, etc,
c) Appointment by President; and which are performed and promulgated in the regular course
d) Acceptance by appointee. of business, are presumptively the acts of the President.

Note: At any time before all four steps have been complied 3) Exception: If the acts are disapproved or reprobated by
with, the President can withdraw the the President.
nomination/appointment.
4) Under Administrative Law, decisions of Department
2) No CA confirmation: Secretaries need not be appealed to the President in
order to comply with the requirement of exhaustion of
a) Appointment; and administrative remedies.
b) Acceptance.
5) Qualified political agency does NOT apply if the President
Note: Once appointee accepts, President can no longer is required to act in person by law or by the Constitution.
withdraw the appointment. Example: The power to grant pardons must be
exercised personally by the President.
Ad-interim appointments:
Disciplinary Powers:
1) When Congress is in recess, the President may still
appoint officers to positions subject to CA confirmation. 1) The power of the President to discipline officers flows
from the power to appoint the, and NOT from the power
2) These appointments are effective immediately, but are control.
only effective until they are disapproved by the CA or until
the next adjournment of Congress. 2) BUT While the President may remove from office
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
those who are not entitled to security of tenure, or those NOTE: Congress CANNOT extend the period motu propio.
officers with no set terms, such as Department Heads, the
officers, and employees entitled to security of tenure e. Supreme Court review:
cannot be summarily removed from office.  The appropriate proceeding can be filed by
any citizen.
Power of Supervision:  The SC can review the FACTUAL
BASIS of the proclamation or
1) This is the power of a superior officer to ensure that the suspension.
laws are faithfully executed by subordinates.  Decision is promulgated within 30 days from
filing.
2) The power of the president over local
government units is only of general supervision. Thus, f. Martial Law does NOT:
he can only interfere with the actions of their executive  Suspend the operation of the Constitution.
heads if these are contrary to law.  Supplant the functioning of the civil courts or
legislative assemblies.
3) The execution of laws is an OBLIGATION of the
 Authorize conferment of jurisdiction on
President. He cannot suspend the operation of laws.
military courts over civilians where civil
courts are able to function and
4) The power of supervision does not include the power of
 Automatically suspend the privilege of the
control; but the power of control necessarily includes the
writ.
power of supervision.
g. Suspension of privilege of the writ:
Section 18. COMMANDER-IN-CHIEF POWERS
 Applies ONLY to persons judicially charged
Scope: for rebellion or offenses inherent in or
directly connected with invasion.
1) The President is the Commander-in-Chief of the Armed  Anyone arrested or detained during
Forces. suspension must be charged within 3
days. Otherwise he should be released.
2) Whenever necessary, the President may call out
the AFP to PREVENT or SUPPRESS: Note: While the suspension of the privilege of writ and the
proclamation of martial law is subject to judicial review, the
a) Lawless violence; actual use by the President of the armed forces is not.
b) Invasion; or Thus, troop deployments in times of war is subject to the
c) Rebellion. President’s judgment and discretion.

3) The President may also: Section 19: EXECUTIVE CLEMENCY

a) Suspend the privilege of the writ of habeas Scope:

corpus; and
1. The President may grant the following:
b) Proclaim a state of martial law.
a. Pardons (conditional or plenary)
Suspension of the privilege of the writ of habeas corpus b. Reprieves
and declaring martial law; c. Commutations
d. Remittance of fines and forfeitures
1. Grounds
a. Invasion or 2. These may only be granted AFTER conviction by final
b. Rebellion; and judgment.
c. Public safety requires it.
3. ALSO: The power to grant clemency includes cases
2. The invasion or rebellion must be ACTUAL and not involving administrative penalties.
merely imminent.
4. Where a conditional pardon is granted, the determination
3. Limitations: of whether it has been violated rests with the President.

a. Suspension or proclamation is effective for only Limitations:

60 days.
1.) As to scope:
b. Within 48 hours from the declaration or
suspension, the President must submit a report to Cannot be granted:
Congress. a.) Before conviction

c. Congress, by majority vote and voting jointly, may b.) In cases of impeachment
revoke the same, and the President cannot set
aside the revocation. c.) For violations of election laws, rules, and
regulation without the favorable recommendation of
d. In the same manner, at the President’s initiative, the COMELEC
Congress can extend the same for a period
determined by Congress if: d.) In cases of civil or legislative contempt
 Invasion or rebellion persist and
2.) As to effect:
 Public safety requires it.
a.) Does not absolve civil liabilities for an offense.
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
 Note: While our municipal law makes a distinction between
b.) Does not restore public offices already forfeited, international agreements and executive agreements, with
although eligibility for the same may be restored. the former requiring Senate approval and the latter not
needing the same, under international law, there is no such
Amnesty: distinction.

1.) An act of grace concurred in by Congress, usually Note: The President cannot, by executive agreement,
extended to groups of persons who commit political undertake an obligation which indirectly circumvents a legal
offenses, which puts into oblivion the offense itself. prohibition.

2.) President alone CANNOT grant amnesty. Amnesty
needs concurrence by a majority of all the members of
Congress.
3.) When a person applies for amnesty, he must admit his
guilt of the offense which is subject to such amnesty. If his
application is denied, he can be convicted
based on this admission of guilt.
4.) Amnesty Vs Pardon
 Amnesty is Addressed to POLITICAL offenses;
Pardon is Addressed to ORDINARY offenses
 Amnesty is Granted to a CLASS of persons; Pardon
is Granted to INDIVIDUALS
 Amnesty Need not be accepted; Pardon Must be
accepted
 Amnesty Requires concurrence of majority of all
members of Congress; Pardon need no
Congressional concurrence
 Amnesty is A public act. Subject to judicial notice;
Pardon is a Private act of President. It must be
proved.
 Amnesty Extinguishes the offense itself; in Pardon
Only penalties are extinguished. Civil indemnity is
not extinguished.
 Amnesty May be granted before or after
conviction; Pardon is Only granted after
conviction by final judgment
Section 20. Power to Contract or Guarantee Foreign
Loans
Limitations:
(e) Conflict between treaty and municipal law.
 Philippine court:
• The later enactment will prevail,
be it treaty or law, as it is the
latest expression of the State’s will.
 International tribunal
• Treaty will always prevail. A State
cannot plead its municipal law to
justify noncompliance with an
international obligation.
(2) Power to appoint ambassadors, other public ministers,
and consuls.
(3) Power to receive ambassadors and other public
ministers accredited to the Philippines.
(4) Power to contract and guarantee foreign loans on behalf
of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue
of his office, subject only to restrictions as may be
provided by legislation as regards the grounds for
deportation.
(b) In the absence of any legislative restriction to
authority, the President may still exercise this power.
(c) The power to deport aliens is limited by
the requirements of due process, which entitles
the alien to a full and fair hearing.

(1) The President may contract or guarantee foreign loans BUT: The alien is not entitled to bail as a matter of
on behalf of the Republic of the Philippines with the prior right.
concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

ARTICLE VIII - THE JUDICIAL DEPARTMENT
(1) Power to negotiate treaties and other international
agreements: Sec. 1. JUDICIAL POWER

(a) BUT: Such treaty of international agreement Scope:

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

Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
exist the following:
3. Once approved, appropriations shall be automatically and
a. An actual controversy with legally demandable regularly released.
and enforceable rights;
Sec. 4-7; 12 Judiciary
b. Involving real parties in interest;
Composition of the Supreme Court:
c. The exercise of such power will bind the
parties by virtue of the court’s application of 1. Chief Justice and
existing laws. 2. 14 Associate Justices

5. Judicial power cannot be exercised in vacuum. Without Note: Members of the Supreme Court and of other courts
any laws from which rights arise and which are violated, established by law shall not be designated to any agency
there can be no recourse to the courts. performing quasi-judicial or administrative functions.

6. The courts cannot be asked for advisory opinions. Qualifications of members of the SC:

7. Judicial power includes: 1. Natural born citizen of the Philippines

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

2. Thus, while courts can determine questions of legality
with respect to governmental action, they cannot review
government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the
Executive and Legislative Departments.
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and
independence.

Sec. 2. ROLES OF CONGRESS Section 8. JUDICIAL AND BAR COUNCIL

1. Defining enforceable and demandable rights and 1. The Judicial and Bar Council is under the supervision of
prescribing remedies for violations of such rights; and the SC.

2. Determining the court with jurisdiction to hear and decide A. Is under the supervision of the Supreme Court
controversies or disputes arising from legal rights. and is composed of:

3. Thus, Congress has the power to define, prescribe and 1. Chief Justice, as ex-officio chairman
apportion the jurisdiction of various courts. 2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio
4. BUT, Congress cannot deprive the Supreme Court of member
its jurisdiction over cases provided for in the Constitution. 4. Representative of the Integrated Bar
5. A professor of law
5. Creation and abolition of courts: 6. A retired member of the SC; and
a. The power to create courts implies the power to 7. Private sector representative
abolish and even re- organize courts.
Note: The last four re the regular members of the
b. BUT this power cannot be exercised in a manner JBC. Regular members are appointed by the President
which would undermine the security of tenure of the with CA approval. Regular members serve for 4 years, with
judiciary. staggered terms.

c. If the abolition/re-organization is done in good B. Functions of JBC

faith and not for political or personal reasons, then it
is VALID. (same rule applies for civil servants) 1. Principal function: recommend appointees
to the Judiciary
Sec. 3. FISCAL AUTONOMY 2. Exercise such other functions as the SC
may assign to it.
1. The entire judiciary shall enjoy fiscal autonomy.
C. Appointments to the Judiciary
2. Annual appropriations for the judiciary cannot be
reduced below the amount appropriated for the previous 1. President shall appoint from a list of
year. at least 3 nominees for each vacancy, as
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
prepared by the JBC. 4. Cases heard by a division where required majority of 3
2. No CA confirmation is needed for was not obtained.
appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 5. Cases where SC modifies or reverses a doctrine or
days from the occurrence of the vacancy. principle of law laid down by the SC en banc or by a division.
4. Vacancies in lower courts should be filled
within 90 days from submission to the President of the 6. Administrative cases to discipline or dismiss judges of
JBC list. lower courts; and

Sec. 10. SALARIES 7. Election contests for President and Vice-President.

1. Salaries of SC Justices and judges of lower courts shall Cases heard by division
be fixed by law.
1. Must be decided with the concurrence of a majority of the
2. Cannot be decreased during their continuance in office, members who took part in the deliberations and voted
but can be increased. thereon.

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

2. All cases required to be heard en banc under the Rules d. Criminal cases where the penalty imposed is
of Court: reclusion perpetua or higher; and

a. Appeals from Sandigan Bayan; and e. All cases where ONLY errors or questions
of law are involved.
b. From the Constitutional Commissions
3. Temporarily assign lower court judges to other stations in
3. All cases involving the constitutionality, application or the public interest.
operation of:
a. Presidential decrees Note: Temporary assignment shall not exceed 6 months
b. Proclamations without the consent of the judge concerned.
c. Orders
d. Instructions 4. Order a change of venue or place of trial to avoid a
e. Ordinances; and miscarriage of justice.
f. Other regulations.
5. Promulgate rules concerning:
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising

a. The protection and enforcement
constitutional rights;
b. Pleading, practice and procedure
courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
Supreme Court
of
Note: A case or matter is deemed submitted for decision or
resolution from the date of the last pleading, brief, or
in all memorandum is filed.
Note: A court must still decide a case or matter even after
the lapse of the applicable maximum period without
prejudice to the responsibility of the judge or justice
concerned.

e. Legal assistance to the underprivileged. JUDICIAL REVIEW

Limitations on Rule Making Power Definition

a. It should provide a simplified and 1. Judicial Review is the power of the SC

inexpensive procedure for the speedy disposition of to declare a law, treaty, ordinance etc.
cases. unconstitutional.

b. It should be uniform for all courts of the 2. Lower courts may also exercise the power
same grade. of judicial review, subject to the appellate jurisdiction
of the SC.
c. It should not diminish, increase, or modify
substantive rights. 3. Only SC decisions are precedent, and
thus, only SC decisions are binding on all.
6. Appoint ALL officials and employees of the Judiciary, in
accordance with Civil Service Law. A. Theory and Justification of Judicial Review

7. Exercise administrative supervision over ALL courts and
the personnel thereof.
Decisions of the Supreme Court:
1. Reached in consultation before being assigned to
member for the writing of the opinion.
Angara vs Electoral Commission
When the judiciary mediates to allocate constitutional
boundaries it does not in reality nullify or invalidate the
separation of powers or assert superiority but only asserts
a the solemn and sacred obligation assigned to it by the
constitution.

2. A certification to this effect must be signed by the Chief Francisco vs House of Representatives
Justice and attached to the record of the case and served
upon the parties. Judicial review includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
3. Members of the SC who took no part, or who dissented or demandable and enforceable, and to determine whether or
abstained must state the reasons therefore. not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch of
Note: This procedure shall also be observed by all lower or instrumentality of the government.
collegiate courts (CA, CTA, and the Sandigan Bayan)
B. Requisites of Judicial Review
Sec. 14. DECISIONS
1. Actual Case or Controversy
1. Decisions MUST state clearly and distinctly the facts and 2. Legal Standing (Locus Standi)
the law on which it is based. 3. Earliest Opportunity
4. Necessity to Decide (Lis Mota)
2. Refusal to give due course to petitions for review and
motions for reconsideration must state the legal basis for  ACTUAL CASE OR CONTROVERSY
such refusal. - As to Prematurity

3. Memorandum decisions, where the appellate court PACU vs Secretary of Education

adopts the findings of fact and law of the lower court, are
allowed as long as the decision adopted by reference The power of the court to declare a law unconstitutional
is attached to the Memorandum for easy reference. arises only when the interest of litigants require the use of
that judicial authority for their protection against actual
4. These rules only apply to courts. They do not apply to interference, a hypothetical threat being insufficient.
quasi-judicial or administrative bodies nor to military
tribunals.
Mariano vs Comelec
Sec. 15. RENDITION OF DECISION
We cannot entertain this challenge to the constitutionality of
Period to Render Decision the said law. Considering that these contingencies may or
may not happen, petitioner merely poses a hypothetical
From date of submission: issue which has yet to ripen to an actual case or
controversy.
1. Supreme Court – within 24 months
2. Court of Appeals and other appellate courts – within 12 Cutaran vs DENR
months unless reduced by Supreme Court
3. Lower Courts – within 3 months unless reduced by Courts have no judicial power to review cases involving
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
political questions and as a rule, will desists from taking
cognizance of speculative or hypothetical questions, cases,
advisory opinions and in cases that has become moot.
Montesclaros vs Comelec
The court can exercise the judicial review only after a law is
enacted. Thus there can be no justiciable controversy
involving the constitutionality of a proposed bill for the court
cannot restrain congress from passing any law according to
its rules.
- As to mootness
Atlas Fertilizer vs Sec. DAR
While this court will not hesitate to declare a law or an act
void when confronted squarely with constitutional issues,
neither will it preempt the Legislative and Executive
branches of government in correcting or clarifying, by
means of amendment said law or act.
 LEGAL STANDING
Joya vs PCGG
Legal Standing means a personal and substantial interest in
the case such that the party has sustained or will sustain
direct injury as a result of the governmental act that is being
challenged.
Having no right or interest to protect, one cannot invoke the
jurisdiction of the court as party-plaintiff in an action.
Agan vs PIATCO
In certain instances, courts have allowed private parties to
institute actions challenging the validity of governmental
action for violation of private rights or constitutional
principle.
- Citizen Standing

Gonzales vs Narvasa Tanada vs Tuvera

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

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

Ruling: John Hay Pac vs Lim

The instant petitions have been rendered moot and The interest of petitioners, being inhabitants of Baguio, in
academic. assailing legality of the said proclamation is personal and
substantial such that they have sustained or will sustain
The court in a proper case may look into the sufficiency of direct injury as a result of the government act being
the factual basis of the exercise of this power. However this challenged.
is no longer feasible at this time for the proclamation has
been lifted. - Tax Payer Standing

- Exceptions to mootness ITF vs Comelec

Acop vs Guingona Our nation’s political and economic future virtually hangs in
the balance, pending the outcome of the 2004 elections.
Courts will decide a question otherwise moot and academic Hence, there can be no serious doubt that subject matter of
if its capable of repetition, yet evading review. this case is “a matter of public concern and imbued with
public interest”; in other words it is of “paramount public
Sanlakas vs Executive Secretary interest” and transcendal importance”. This fact alone would
justify relaxing the rule of legal standing, following the liberal
To prevent similar questions from reemerging we seize this policy of this court whenever a case involves “an issue of
opportunity to finally lay to rest the validity of the declaration overarching significance to our society”. Petitioners’ legal
of a state of rebellion, in the exercise of President’s calling standing should therefore be recognized and upheld.
out power, the mootness of the petition notwithstanding.
Prepared by: Jilliane Oria, Madelyn Taytayon, Edcel Quiben, Prince Lising
 Jumamil vs Café We do not find the constitutional question herein raised to
be the very lis mota presented in the controversy below.
A taxpayer need not be a party to the contract to challenge Every law has its favor the presumption of constitutionality,
its validity; Parties suing as taxpayer must specifically prove and to justify its nullification, there must be a clear and
sufficient interest in preventing illegal expenditure of money unequivocal breach of the Constitution, and not one that is
raised by taxation. doubtful, speculative or argumentative.

- Voter’s Standing Mirasol vs Court of Appeals

Tolentino vs Comelec Our jurisdiction in a petition for review is limited only to

reviewing questions of law and factual issues are not within
We have relaxed the requirement on standing and its province.
exercised our discretion to give due course to voters’ suits
involving the right to suffrage. C. Functions of Judicial Review

- Legislative Standing Mitra vs Comelec

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

- Governmental Standing Ynot vs IAC

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

- Facial Challenge The actual existence of a statute, prior to such

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

 Necessity of Deciding Constitutional Question (lis

mota)

Arceta vs Mangrobang

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