CONSTITUTIONAL LAW REVIEW

At this point in time I am expecting that you learned …

This will be a marathon review…

Doctrine of Constitutional Supremacy – It is very important. I’ll give you a tip. Pag
dumating yung time na hindi nyo alam yung eksaktong sagot but you are very certain,
that you are very sure that it has something with the application of the Constitution
which is self-executory, you may invoke the Doctrine of Constitutional Supremacy. Of
course, it does not necessarily follow that you will obtain a perfect score for that
particular item. But at least, you have a good grade in that particular item.

What is the Doctrine of Constitutional Supremacy?

We all know that he Constitution is the Supreme law of the land. Whenever there is a
conflict between the provision of the Constitution or the statute, or any law passed by
Congress, the Constitution will always be upheld. The Statute, Rules and regulations
will be rendered nugatory or without any effect at all. The Constitution being the highest
law of the land is the basic and paramount law to which all other laws must conform. As
held in the case of Sabio vs Gordon. Incidentally, you have learned that under our civil
code it is expressly provided when the consigrella law be deemed inconsistent with the
Constitution, the former shall be void and the latter shall govern. The excutive, Laws,
statues, Rules and regulations, administrative acts, they shall be valid only if they are
not contrary with the Constitution, that is pursuant to the Doctrine of Constitutional
Supremacy.

As the fundamental and paramount law of the nation, it is deemed written in every
statute or contract. You may recall, the Manila Princeton case vs GSIS wherein the
Malaysian crew bidders initially won in the bidding in so far as the sale of the Manila
Hotel but it was nullified, the bidding, upon question by the Filipino Conglomerate, the
Filipino crew. The SC nullified the award to the Malaysian Conglomerate because it has
applied the Filipino first policy and the anchor, the legal doctrine presented by the SC is
the paramountcy of the Constitution specifically, the provision on the Filipino First policy.
Was utilized by the SC in nullifying the award and in effect awarding the bidding to the
Filipino Conglomerate.

Likewise, the SC in Macalintal vs COMELEC, it was held that the provision in the
Constitution as the fundamental law of the land should be read as part of the absentee
act. Diba sabi natin sa Manila Hotel, sabi ng Sc, the provision of the Constitution being
the supreme and paramount law of the land is deemed written in every statute or
contract. In Macalintal vs COMELEC, what was questioned, if you may recall was the
constitutionality of certain provisions in so far as the absentee voting act is concerned.
Ano yon, what is the absentee voting? The Absentee Voting Act is the law enacted by
Congress giving the overseas Filipinos the right to exercise the right of suffrage. Of
course on certain positions. Ano ano yung mga positions na iyon? Of course, the
presidential, vice presidential, senatorial and the party list representative. The ISSUE
there: According to Macalintal, one of the issues there, is that according to Macalintal,
Certain provisions of that law is unconstitutional, part of that provision is the power of
the COMELEC through some delegated officials/ in the foreign delegation, in the
embassies to canvass the vote for the presidential and vice presidential position and to
proclaim the duly elected winner in those stations, in those foreign stations. Macalintal
questioned it because according to Macalintal, under the Constitution, the power to
canvass the votes for the presidential and vice presidential position as well as to
proclaim the duly elected winners lies with the Congress of the Philippines. Therefore,
the Congress could not have allowed to usurp the power that Constitutionally belongs to
it and therefore according to the SC that particular provision is null and void and that
canvassing for the presidential and vice presidential position will remain and shall
remain in the hands of Congress.

State Policies and Principles

The Philippines is a Democratic and Republican state.

You all know what is a Democratic and Republican State. Take note of the case of
Metran vs Paredes the old case of Metran vs Paredes, where it was stated that the
republican government is a government of the people, for the people and by the people.
Wherein the functions of the government, although in a democratic system is ultimately
belonging to the Filipino people, as if, pursuant to the concept of republicanism, we are
surrendering that sovereign power to chosen representatives in order to run the affairs
of the government.

Elements of a State

Under the Principle of State Continuity, this is part of international law, any absence,
or an absence in any of the elements of the state. What are the elements of the state?
People, territory, government and sovereignty. A single absence or any absence of the
elements of the State will make the State extinct, or it will extinguish the state. However,
a mere changes in any of the elements of the state will not necessarily result in the
extinction of the state. That is the Principle of State continuity. For example, in the
Philippines, in the past, we have changed our system of government, we have changed
our government to a revolutionary means, that does not, that did not result in the
extinction of the Philippines as a state.

The Concept of Association

As held in the case of The Province of North Cotobato vs GRP (Government Republic
of the Philippines) The 1987 constitution does not recognize the concept of Association.
What it is all about the concept of association. You may recall that the Philippine
Government entered into a memorandum of agreement on ancestral domain. The
contracting party there is the MILF, the Moro Islamic Liberation Front. (Tama ba ko,
MILF? Yes, sina Hashim Salamat) What is the substance of that MOA. 1st – there will be
the creation of the Bangsamora Juridical entity (BJE) and this Bangsamoro Juridical
entity will have certain powers or will exercise certain powers: (1) Internal security but
with regard to external security, the defense of the State, the same will still be under the
responsibility of the Central Government. Of course, it will exercise a regional
government which will be called the Bangsamoro Government. It will have the
command of its own people, those who will be residing or will be staying within the
territory of the Bangsamoro juridical entity will of course be subject of the regional
government. It will likewise have its own territory, it will govern the governmental affairs
of the region or territories which will be under the Bangsamoro juridical entity. In fact, it
will have its own constitutional commission, it will have its own regional commission, it
will have its own COMELEC and regional civil service commission. In so far as
exploitation of regional resources, there will be a sharing. From the looks of it, it appears
that BJE, will satisfy the four elements of the state. It will have its people, it will have its
government and it will exercise its sovereignty. I forgot to mention one thing, the BJE as
a regional government will have the capacity to enter into diplomatic relations with other
states without securing prior approval of the central government. That itself, is a clear
manifestation of the exercise of sovereignty. Of course, those who do not want, those
provinces, territory that do not want to be enclosed or be part of BJE, one of which is
the province of North Cotobato, filed a petition before the court questioning the
constitutionality of the MOA on ancestral Domain yan yung MOA 18 or the MOA Ad or.
The SC said, and agrees with the petitioner that from the looks of it, BJE has all the
features or elements of the state. However, according to the SC, the 1987 constitution
does not recognize the concept of association because BJE’s relationship with the
central government is classified or characterized as Associative in character which is
not recognized by the Constitution.

The Archipelagic Doctrine or the ABC Doctrine.

It is an internationally recognized principle. Even if without being expressly provided in
the Constitution, we can still apply and adopt the archipelagic doctrine pursuant to the
doctrine of Incorporation. Under the archipelago doctrine, the waters around kaya nga
ABC, around, between, connecting the Islands of the Philippines regardless of their
breadth or dimension shall form part of the internal waters of the Philippines. Do not be
confuse because not all waters embraced within the archipelago doctrine will be
considered as our internal waters. Yan lang ang sinabi sa constitution, the waters
around, between, connecting the Islands of the archipelago regardless of their breadth
and dimension shall form part of the internal waters of the Philippines. However, if you
apply that in so far as international principle like, the UNCLOS, of which the Phil is a
signatory. We have what we call the archipelagic waters. These archipelagic waters are
those waters embraced or enclosed within the archipelago. However, technically,
internal waters only refers to those dimensions or extent of waters within the 12 nautical
mile limit. Yun lang ang ating internal waters. Outside of that will no longer be internal
waters of the Philippines. It may be considered as territorial seas, part of the territorial
sea or archipelagic waters but still subject to our jurisdiction.

(I don’t know if aabutan pa nation si international water. So I’ll take this opportunity)
Distinction between the passage of submarines in the territorial sea or internal waters,
and the passage of submarines in the archipelagic ceiling passage. Pagdating sa
territorial sea, sa internal waters, the submarine should submerged or be upfloat and
show his flag. But in archipelagic ceiling passage, pwedeng dirediretso na lang siya,
continuous and uninterrupted voyage without submerging and showing his flag. That is
the distinction. Are we clear?

Alam nyo kasi minsan, merong whiteboard., meron kasing map of the Philippines. The
12 nautical mile limit.. as well as the archipelago is concern but considering the
configuration of the Philippines, yung mga Island kasi natin, may be beyong 12 nautical
mile each other. So anong mangyayari don? Those may be categorized as sea lane
passage. Like for example the Romblon strait, medyo mahaba at saka yung boholor
cebu strait ata, yan mahaba ata yan.

How about the case of Magallona vs Ermita in so far as archipelagic doctrine is

concerned. During the 1940’s I think, the Congress has enacted the extent, demarking
the extent of the Philippine territory. Actually, that old law was consistent with the Treaty
of Paris. You know what this treaty of Paris is? That is the agreement where the Spain
ceded the Philippines to the Americans. Of course, in consideration of some money.
With the turn of events, and the enactment of UNCLOS, parties signatories to the
treaties have been given, a period of time to comply with that mandate under the
UNCLOS, So recently,(I just forgot the exact year) the Congress enacted (2005) a law
amending or revising the extent of the Philippine territory. Consistent with the principle
behind UNCLOS. Like the 12 nautical mile limit. So that, certain portions of the Phil
territory which originally has been enclosed under the treaty of Paris. (Yung Treaty of
Paris kasi parang ganyan yung kanyang porma e, Parang rectangular yung kanyang
shape. Sa mapa ng Pilipinas punta kayo sa National Bookstore, you can see some
yung mga tawag dyang imaginary baseline). That is consistent with the Treaty of Paris
but the is not consistent with the principle embodying UNCLOS. Under UNCLOS, you
really have to apply the 12 nautical mile limit as part of your territory. So that, under
UNCLOS, these area will not be considered as part of the archipelago. These islands
like Palawan has its own 12 nautical mile, but it does not mean according to the
Supreme Court that we are now abandoning our claim of jurisdiction over these islands.
Because in Magalona vs Ermita, Dean Magalona question the enactment, the
amendatory law of congress, because according to him, that is unconstitutional because
it decreases the extent of the Philippine territory. The SC said no. The law is
constitutional because, it merely defines the limit of our territory without necessarily
abandoning our claim on those territories which we are claiming absolute jurisdiction.
Neither are we surrendering our claim to Sabah or Borneo because of that amendatory.

Doctrine of State Immunity

More often state immunity is given in the bar examination. One important principle. The
State cannot be sued without its consent. Because ergo, the reverse meaning of that, if
the State consents then it can it be sued. How then can it be sued, whether the state
has given its consent to be sued? The consent may be expressed or implied. Expressed
when the congress enacted a law, expressly giving its consent or in the creation of a
particular government agency, there is a provision there that it is suable. Of course the
next suability of the state extent to the unicorporated government agency without a
separated juridical personality of its own because it is invested with an inherent power
of its own… Example, the Department of National defense, there is no law creating the
DND, there is no charter, it is part of the executive department. Complaints filed
i…official for acts done in the exercise of their official function. Meaning to say, the
complaint is originally directed towards a public officer but ultimately the state will have
the burden of paying the obligation because the complaint is directed against the public
officer in his official capacity or in his performance of his function and of course in the
exercise of eminent domain. But I will not be making some qualifications. Take note of
the case Transportation Office versus spouses Ramos wherein the Supreme Court
held that where private property have been taken due to expropriation without the due
payment the defense of immunity from suit cannot be set up..against an action for
payment by the owners. Although that is not the ratio decidendi, you may classify as an
obiter dictum because the original case there or the original issue there is not really
eminent domain . The issue there is the non-payment of the government of the agreed
price for the purchase of that property. Because in the management of the airport the
respondents, spouses Ramos was able to find out that a portion of their property is
being utilized by the ATO as part of the runway. So what the spouses Ramos did is to
make a negotiation with the air transportation office for the purchase of that portion of
that property. We will no longer rebut or claim against your unlawful use or unauthorized
use of the property, just pay us for the agreed price. So they came up with a contract of
sale, deed of sale. Unfortunately, the ATO never pay the spouses Ramos. So what the
spouses did is to file a case against ATO for sum of money for them to be paid by ATO.
So it is not about the issue of eminent domain because ATO did not expropriate the
property of the Ramoses. They just came up with the agreement. Ofcourse aside from
the judgment against the ATO to pay the spouses Ramos, the SC further elaborated, or
explain. By the way, ATO is explaining/part of their defense is that it is not suable
because it is a government agency and therefore it benefits from the State’s immunity
from suit. Kaya dumatingdyansapuntonaiyan where the SC said that even in the
exercise of its sovereign power which is expropriation or the exercise of his eminent
domain, the principle of non-suability of the State cannot be set up if just compensation
has not been paid to the owner of the property.

Instances wherein a suit is considered as one against the state.

1. Res ipsa loquitor. When the Republic is sued by its name

2. When the suit is against an unincorporated agency
3. When the suit is on its face against a governmentofficer but the case is such that
the ultimate liability will belong not to the officer but to the government office.

Exception to the Rule or when the rule does not apply

1. When the public official is charged in his official capacity but for acts which are
unlawful or injurious to the rights of others…sorry maliito..not in his official
capacity
2. Public officials are not exempt from personal capacity from liability arising from
acts committed in bad faith…ay hindi..etopalayungsaibaba. sorry. When the
public official is clearly being sued not in his official capacity but in his personal
capacity although the acts complained of may be committed while he occupied a
public position. In other words, if the public official is being sued in its private
capacity not in connection with his official function or even if in connection with
his official function but the public officer has exceeded his authority or has
abused his power.

Likewise, there are instances when the public official may be sued without the State’s
consent.

1. To compel him to do an act required by law, that is mandamus.

 2. To restrain him from enforcing an act that is unconstitutional, that is prohibition or
injunction.
3. To compel payment on damages from an already appropriated insurance fund or
refund a tax overpayment for a fund already available for the purpose.
4. To secure a judgment that the officer impleaded may suffer… without the state
having to do a positive act…

In so far as the State’s immunity is concerned, take note that there two theories involve
there in. One is absolute theory. That in all instances, the state is no suable. That is the
absolute or classical theory. The other theory, is the restrictive theory or the restrictive
Theory of State Immunity. Wherein the immunity of the sovereign can only be
recognized with regard to public acts or during the… of the State. And not with regard to
public acts or duty… The Philippines to the restrictive Theory of State Immunity. Ergo, in
so far as contracts or activities involving Commercial or pRoprietary in nature, the State
is suable. It cannot invoke its non-suability. It can only invoke its non-suablility or
immunity from suits in its exercise of sovereign powers.

The waiver of the non-suability of the state, It does not mean concession of its liability.
What does it mean? Not because the State has given its consent to be sue, it does not
mean that it is liable. Still, upon the burden of the plaintiff, the complainant to prove that
the State is indeed liable. On the other hand, the State may set up all available
defenses to avoid its liability.

A very important doctrine in the concept of Incorporation, …as part of our own domestic
law. There is no need for an act of Congress for that Internationally recognized principle
of international law to be given effect in our territory. As contra distinctive of the doctrine
of Transformation.

What is the Doctrine of Transformation? Under the Doctrine of Transformation, for a

State to implement and execute those international law, or international principle, we
are not generally recognized, there is still a need for the law making body, for the
Congress to enact a law in order to give effect or to give .. to that particular international
law. We apply the Doctrine of Transformation in those international agreement or
treatiesentered intoby the Philippines with foreign countries. And for that to be effective
in so far as Philippine setting is concerned, what is that Constitution requirement? There
is a need for the concurrence of the Senate. It requires 2/3 votes or concurrence on the
part of the senate. It is erroneous to say that it requires concurrence of congress in so
far as it is only the senate that must concur in the treaty, vetoed by the executive
department. Take note also that in so far as treaty is concerned, it is the executive
department, it is the president of the Republic as the head of the State which ratifies. It
is not the senate that ratifies. The senate merely gives its concurrence to the treaty.
What we are adopting as far as the Doctrine of incorporation is concern is the Domestic
law. Those that are generally recognized as principles of international law. Or
internationally recognized principle of international law. Not all international law are
being adopted by the Philippines pursuant to the Doctrine of incorporation. Only those
generally recognized principle of international law.

Anoyungmga examples niyan? Alamnyonayan.

1. Renunciation of war
2. Principle of international sovereignty
3. Right to life, liberty and due process
4. Concept of pactasunctservanta. What is pactasunctservanta?

Another important principle is the separation of Church and State. That policy or
principle being reinforced by different provisions…shall not be allowed to participate in
political parties. Take note of the Theories involved in the separation of the Church and
the State. That was given in the bar examination some 2-3 years ago. We have the
State Separation Approach, Strict Neutrality Approach and
BenevolentneutralityApproach.

Under the strict the separation approach, the wall of separation between the Church
and the State is so huge that there cannot be interaction at all..

Under the Strict Neutrality Approach is not antagonistic in so far as the Church is
concerned. But in the performance of its mandate, it will not allow accommodations of..

In so far as Benevolent Neutrality Approach.. In order to give the individual his right to
exercise his religious belief and ..The was given by the SC, elaborated in the case of
Esquitor.

Other relevant state policies:

ParensPatreas. The prerogative inherent in the State to take ample care to those …to
take care of their own interest such as , the handicapped, the indigenous communities,
the women, minors, elderly, veterans.

Social Justice. Calala vs Williams.

Local Autonomy in so far as Philippine setting is concerned is …in so far as local

autonomy what the Philippine State adopts or implements is the centralization of
administration. The centralization, wherein the central government delegates and
distributes powers to LGUs in order to broaden the base of local …its …powers.
Take note that local autonomy does not mean interior to be an inferior government.
Local Government..despite having posses or equipped with local autonomy does not
make it supreme from the central govt or national govt.

Division and allegation of powers. Of course led by the Principle of separation of

powers. We all know that so far as our system of government is concerned, we are
adhering to the principle of separation of powers. The three major organs of the
government is held as co-equal. Supreme within their respective jurisdiction. Supreme
within their respective territory. The executive that implement, executes the law, the
legislative that enacts the law, and the judiciary that interprets the law. As a general rule
no one should intrude to the exclusive domain of others. The principle of separation of
powers cannot be expressly found in the Constitution but we know that indeed that the
principle of separation of powers operates within our Constitutional frame, constitutional
system. In the sense, that there is, that we can actually find the division of powers
among these three organs of the govt. There is no express provision found in the
Constitution with regard to the separation of powers but we can discern, we can
convince ourselves, that there is indeed a principle of separation of powers precisely
because there is division of powers of these three co-equal powers of the government.
The Congress has exclusive domain in so far as legislative is concerned. Executive
implements the law. Judiciary interprets. However, not because the principle of
separation of power operates within our political system we need to say that these
organs, that these agencies should work and perform their mandate alone free from any
dominant, free from any interaction with other branches of the government because we
have also we are applying the principle of blending of powers.

Under the principle of blending of powers, for a certain act in order to be valid or for an
initial act to be valid, there is a need for another act to be performed by another agency
or branch of the government for them to validate the whole act, otherwise the initial act
will not become valid. Ano yon, for example, the Congress in an enactment of a law
before a law or an act, during an enrolled bill passed by Congress, before it becomes a
law it needs presidential imprimatur. It needs the signature of the president. Otherwise,
that bill will not become a law. For the executive to make appointments in the judiciary,
it requires prior submission of the list coming from the Judicial and Bar Council. For
certain positions in the executive department, for it to be effective and valid, it requires
the confirmation of the Commission of Appointment.

Another important provision in so far as the allocation of powers is concerned, the

principle of…. As we say, these organs of the government should perform their
mandate. As a rule, any interferrance coming from any other branches…that in case ,
however, this branch or organ of the government has exceeded its power or has abused
its power, the other branch may check the excess or indiscretion of that particular
branch. For example, the president, recently has declared Martial law. Now, in the
declaration of Martial law. The Constitution has given certain power to other branches or
co-equal branch of the government to check or validate the action done by the
president. The Congress within 48 hours must convene in accordance with its rule to
determine the validity and ..sufficiency of the declaration of Martial Law. On the other
hand, the judiciary may perform Judicial check upon the filing of petition concerning the
proprietary of Martial Law by any citizen. This is one example wherein, or on..the
Constitution relaxes the element of locus standi. Any citizen may now question the
proprietary of the declaration of Martial Law.

What is Legislative veto? Under the principle of… It is a proviso in the Constitution,
wherein the legislative departmet still holds certain control in the implementation of the
law it has promulgated such as in the area of rules and regulations. We all know that
before a law can become effective, it requires implementing legislation, I’m sorry.
Implementing Rules and Regulations. Right? For example 9165, Dangerous Drug Act
2002. Although, that law has been passed, it did not become effective for, or
immediately after its publication. It remains ineffective until..the IRR has been
implemented by the concerned agency which is required to draft its IRR. Now, this is..a
proviso enacted in Congress giving the Congress powers or a committee formed by
Congress the power to approved the IRR before they become effective. According to
the Supreme Court, that is violative of the Doctrine of Separation of powers. Why?
Because according to the SC, once the Congress has enacted a law, the power of
Congress ends there. It is now incumbent, it is now the burden or duty of the executive
to perform that law enacted by Congress. So therefore, legislative veto is an ultravires
act on the part of the Congress. Being ultravires, it is not consistent with the
Constitution. For the Congress has exceeded its parameters. It will be void.

Ano ba itong ABAKADA Guro Partylist vs.. This is the altercation law. Just in case the
financial agency of the government, the Bureau of Finance BOF, BIR.. once they have
reached their quota, exceeded their quota, in excess, they will be given certain
incentive. Now, in that law, there is a proviso there. That the dept of finance, the Bureau
of Customs, the BIR, or other financial, collecting agency of the government will come
up with IRR to keep up that altercation law. But that can only be effective upon the
approval of the committee of …The members of that committee are the congressman or
some members of the congress themselves. That was questioned by the ABAKADA
Guro partylist claiming unconstitutional and the SC sustainted the position of the
ABAKADA Guro.

NON DELAGATION OF POWERS. Protestas delegate non delagata. What was

delegated can no longer be further delegated. Delegation of power is not only a power
but a right to be duly performed by the delegate. Hence, once delegated thereof unless
permitted by the sovereign power..allegation of such… Take note that the delegation of
power or the principle behind the non-delegation of power is applicable to the three
organs of the government. However, it is more associated with the legislative ..in view of
the…powers. Nonetheless, ..Why? as held by the SC in the Eastern Shipping Lines vs
the IAC, mga 1980’s . The reason behind the frequent delegation of powers as held by
the SC in that case, in view of the growing complexities of modern life coupled with the
increasing inability of Congress to attend or address those matters which demand its
attention, the SC has to recognize that the delegation of legislative power has now
become the rule. And the non-delegation of power has now become the exemption.
Now, since delegation of power has been allowed, such delegation must be limited on 4
categories only:

1. Delegation permitted by the Constitution or as permitted by the Constitution.

Ano-ano iyon? Delegation granted or given to the president of the Philippines; to
fix tariff rates, import and export quotas, toneage, and other duties within the
framework of the national development program of tne government
Delegation granted to the president. The Congress may delegate emergency
powers to the president subject to certain conditionalities prescribed by the
constitution and pursuant to a declared national policy. Since nadoon tayo sa
delegation of emergency powers, take note, although given na naman,binigay na
sa bar exam pero malay nyo ibigay nanaman, the president has the power to
declare a state of national emergency. In the declaration of the state of National
Emergency, it doesn’t need any prior approval of the Congress. However, in the
exercise of Emergency powers, it requires prior delegation from Congress
because, Emergency power belons to Congress. It does not belong to the
President. It must be expressly delegated. It must be expressly given by the
Congress to the President. David vs Arroyo is the authoritative case.
I don’t recall if its article 12 or 13 Section 7 and section 8 ata. In so far as the
exercise of emergency power, the state , that state refers to congress, that state
may take temporarily, take over vital facilities or installations. That temporary
take over will be in the nature of an exercise of police power. Therefore, (anong
article? Article 12 Section 7 and 8). In so far as temporary take over of vital
facilities and installations, the same shall be in the nature of police power and
therefore, there is no need to pay just compensation. But in case of permanent
take over under section 8, that will now be an exercise of eminent domain, ergo,
there is a need for payment of just compensation.
2. A delegation permitted by the Constitution is not only limited to the Office of the
President. There is also a delegation of power given to Supreme Court. The
judicial department particularly the Supreme Court. That is in so far as the
promulgation of rules concerning pleadings, practice and protection of
constitutional right. That is one instance wherein the SC as the head of the, as
the apex of the judicial department is given the rule making power or the quasi-
legislative power. It is erroneous to say that the Supreme Court exercises purely
 judicial power. Limited as… can be exercised an entity with quasi-legislative
power. Kaya mayroon tayong mga writ of amparo, writ of habeas data, writ of
kalikasa.,
3. Delagation to the LGU. Delegation to exercise stately powers or inherent powers
of the state. Police Power, Power of Eminent Domain and the Power of
Taxation… Take note that both police power and the exercise of eminent domain
is delegated by the Congress of the Philippines through the enactment of RA
7160. Whereas as the exercise of taxation is non-delegated of the Congress but
it is conferred directly by the Constitution under article 10 of the Constitution.
Meaning to say, the source of power of LGU in so far as the police power and
power of eminent domain emanates from the Local Government Code but in so
far as the power of taxation is concerned emanates from the Constitution itself. In
fact, there are three sources of revenues under the constitution. We enjoined, we
perform, exercise by the local government unit.
a. LGU may have their own sources of revenues Section ..Article 5
b. Share in the national taxes. Section 6, (Mali ba ko, 5,6,7?)
c. Share in the utilization of national wealth or resources or exploitation of
national wealth and resources

4. Of course delegation to the people at large by the provision of initiative and

referendum

Of course delegation to Administrative Office. Power of Subordinate legislation.

That is the power to enact or create IRR.

Now, incidentally, para maka, let’s do away with other topics, Admin law.
So far as Admin is …
What are the different kinds of Administrative Rules and Regulations?
External and internal Rules and Regulations
For you to get the perfect point, the acronym is
This is Supplementary legislation. Supplement. One which elaborates the
legislative enacted the law making bodies.
1. IRR like the Labor Code of the Philippines. This refers to interpretative which
interprets the Substantive law. Like yung mga BIR circulars.
2. Contingent which determines when the law will take effect or when it will
cease to be effective or be suspended in its operation. This refers to
procedural. It refers to the process or modes. A certain procedure in the
determination of a certain a government function, like for example the rules
and regulations before the National Commission, rules and regulations
practice before the Department of Agrarian Reform in so far as tenacy is
 concerned. These refers to internal. Meaning, the effectivity of the rules and
regulations is only confined within the party or office or department. It does
not concern the public.
3. Penal which provides for the sanction or for the non compliance of certain
regulations.

Do they require publication? Not all. Only those beginning in consonant require
publication for them to be effective. Those in vowel or beginning in vowel doesn’t
require publication at all to be effective.

Now, lets, tatalon ako. We have the case of Villanueva vs JBC. Under the administrative
law, it is provided that rules and regulations for them to be effective, not only to be
published but likewise, the need to be filed with the National Administrative Register at
the UP law center. But before we go to Villanueva, nalimutan ko lang yung kaso, there
is a case, of course the general rule is , (pwede na ba itong burahin. Mabagal ba
discussion natin) All administrative Rules and Regulations, General Rule is
administrative Rules and regulations need to be file with ONAR, Office of National
Administrative Register in the UP law Center. There is an exception. Internal Rules
does not require filing with ONAR. There is no need to file with ONAR. Kanina diba
yung sabi ko na consonant does not need to be filed… yung vowel.. likewise, internal
rules does not need to be filed with ONAR for them to be effective.

Another, pursuant with Villanueva and JBC, only those rules and regulations issued by
the executive department requires filing with ONAR. Ergo, if the Rules and regulations
are issued by other agencies not belonging with the executive dept, there is no need to
file it with ONAR.

(Tayo muna tyo. Five minutes. Five minutes lang kasi mahaba pa tayo.)

We go now with the legislative department.

You all know what is Legislative Department. The power to..

Take note that the legislative Department although its main function is to exercise
legislative power they also exercise non legislative powers.

Of course, the legislative power is vested in the Congress of the Philippines, which
complies, or follows, it adheres to the bicameral system. Bicameral system refers to the
functions of the two bodies under the house under the Congress. It is the Senate and
the House of Representatives. You all know the qualifications for the senate as well as
the house of representative. Take note of that. Very important yung qualifications for a
certain office, for a given office. Because only by remembering the qualifications of a
certain office, you will know if a certain person is qualified to be part of the congress, or
be disqualified for that position. Again, let me remind you of the rule of thumb in so far
as citizenship requirement is concern. That once its is a constitutional office, the citizen
requirement is natural born. Is that the absolute rule? No. Because there are certain
constitutional office which does not require, which do not require natural born
citizenship. I am referring to the regular members of the judicial body. Because you do
not need to be a natural born citizen to be a lawyer. (ang daya nitong si
jotham…pagdating nito mag uuno ito sa political review)

Alam nyo..very.. hindi pa ito naibibigay sa bar. Do you need to be a lawyer to be a

regular member of the judicial bar council? Of course given na yan pag dating sa retired
justice of the Supreme Court representative of the… but if you are representing the
private sector, do you need to be lawyer? It is not required. It is not stated in the
Constitution. (So baka ibigay lang yan. Malay niyo ako pala yung examiner… Usually
pag bar examiner yung professor, nawawala sya sa limelight)

Age requirement, alam nyo na yan.

Know what is the definition of a natural born citizen.

…acquire citizenship. Take note the case of Vicente jake, In re Vicente Jake. Hindi kayo
familiar sa kasong iyon? Isa lang ibig sabihin niyon, hindi kayo nag.. Basahin niyo yung
In re Vicente Jake. We have the case of Tengson vs HRBC, refers to repatriation.
Anyway, discuss natin. Pasasadahan din natin sa citizenship. Because citizenship is
very important. Not every year there is an item with regard to citizenship.

Lower house consist of district representative and partylist representative. Do I have to

discuss with you yung mga araro case?

The requisites for the partylist system. I’m sorry, the parameters in so far as the
partrylist system that refers to Balad vs COMELEC and parameters in so far as
substitution, partylist as a party to participate in the partylist election. That is in araro vs..
alam niyo na yan. Abanglingkod partylist, Abanglingkod vs COMELEC.

Yung..ang ..tingnan nyo nga. Yung requirement or non requirement of submitting track
of advocacy. That right now, under the current jurisprudence, the partylist does not
need, in order to qualify, partlist election does not need.. to qualify submit track record
of advocacy or a particular sector is representing, he is representing. It is sufficient, that
its by-laws, its constitutional by-laws, it is provided therein, this partylist is …for a
particular sector…utmost, the track record is a requirement only to those nominees of
the party who are not members or belonging to the group they are representing. Clear?
For example si Mikee Arroyo, he is representing the security guards, he does need,
obviously he does not belong to the security guards sector. Right? In that case, he
needs to present track records of his advocacy. But if he is member already of that
particular sector, there is no need for him to present track record. Clear? In so far as the
computation of the total number of votes for the partlist, nalimutan ko yung kaso na
iyon. Veterans is all about yung, Yun pala iyon Atong Paglahon Partylist, six
parameters. Nakalimutan ko pero mayroong isa. Banat is the four parameters for the
partylist system:

1. Who may participate in the partylist election. National partylist organization;

Regional Partylist Organization; Sectoral Partylist Organization.
2. (Second Parameter in the Banat) Who may (be)given a seat? You must obtain
2%. For you to have a guaranteed seat. But not because you don’t achieve, you
don’t obtain ..you will no longer have a seat in the Congress.
3. (The third parameter is) For the remaining seat, that will be allocated in
proportion to, proportionate rules in totality of the votes for the partylist.
4. (And the fourth parameter is) …Constitutional

Yan yung Banat ruling. Yung ating Paglahon case. Ay I’m sorry, the Banat Ruling is
20%, is automatically allocated in the Partlist. 20% of the number of seats for the House
of representative is automatically allocated for the partlist. In the case, for every four
legislative district, there should always be one (1) partylist, yan yung ..

Sa Atong Paglahon:

1. (The number one (1) parameter for partylist to participate.) Who may
participate? National partylist organization; Regional Partylist Organization;…
2. National Partylist Organization does not need to organize along sectoral lines for
them to participate in the partlist representative. Now, for a national party or a
regional party to participate..
3. (The third parameter is) In the National party or the Regional Party Organization
who have builded in candidates in the legislative district.. they ..disqualified
through a coalition. In fact, yun yon,.. isa na iyon..
4. majority of the members of the partylist org. must belong to the sectors they are
representing.
5. (Number 5)
6. Take note of that..

Pero may isa pang kaso. I forgot the specific case. How to determine the totality of
the votes. For the partylist. You include votes for those partylist but excluding those
who have been disqualified by the comelec by final judgment. And such
disqualification was made known to the public prior to the election. Clear? Meaning
to say, the disqualification is final and executor and has been communicated,
cascaded to the knowledge of the electorate. Because even if, there is a
disqualification prior to the election and such disqualification has not attained finality
or even if it has attained finality, the public has, unaware of such disqualification, the
votes cast for that partylist should be included in the denominator, in the totality of
votes. For you to determine the proportionate percentage. Or the percentage of that
partylist. Halimbawa, out of, the partylist obtained, A Partlist obtained 100 T. How do
you determine its proportionate vote? Its percentage if you do not know the
denominator. The denominator is the total number of electorate who casted the
votes for the partylist but you only determine the valid votes cast. You excluded
those votes which have been considered as stray, or invalid and such invalidity was
attributable to the voter himself. Because if I have voted for a particular partylist, and
that partylist was eventually disqualified. You have to determine when does the
disqualification issued, promulgated or released. Was it prior to election? And was
such disqualification became final and executor prior to the election. Because if the
disqualification was made after the election, you still include that in the denominator.
Even if the disqualification was made prior to the election, but was not
communicated to the electorate, still, would count that for the purpose of determining
the denominator. Nalimutan ko na yung kaso. Abanglingkod vs, (may fourth year ba
ditto?)

Anyway, moving forward. Legislative Apportionment. This begin with the power of
the Congress to apportion legislative districts. We have the case of Zema vs
COMELEC. Wherein (familiar with the case of Zema vs COMELEC?) Wherein the
autonomous region of Muslim Mindanao pursuant to its charter has the power to
create provinces, cities, municipalities, including barangay. Now, here comes the
province of Sharif Kabukuan. Created pursuant to the regional legislative district
power of ARMM. Now, creation of the province of Sharif Kabukuan became an issue
during the election period, during the campaign period because according to Vince
Delangane, such creation is unconstitutional because the power to create a province
must belong to congress as a national body and not to a mere regional legislative
body. On the ground that once a province has been created, it automatically entitles
itself to a district representative. It automatically entitles itself, it automatically
resolves in the creation of a legislative district. And the creation of a legislative
district is only within the competence of Congress. For if we allow that regional
legislative assembly will have the power to create a province or a city for that matter.
There will come a time that the regional legislative district will dictate the composition
of congress which is a national body. And that is not the intention of the
Constitution. Diba sabi sa Constitution, each province or each city with a population
of at least 250 thousand or each province, shall be entitled to a legislative district.
And once a province, or a city has been created, it will be entitled to a legislative
district. Ergo, regional legislative bodies do not have the power to create provinces
and cities because the creation and apportionment of legislative districts belongs
exclusively to the congress under the constitution. Clear?
 Now, of course, under the Constitution, the Congress shall as far as practicable
apportion legislative district every 3 years or for a period of three years. What is
gerrymandering? (pasong-pasong na iyan. Malay nyo ibigay) Gerrymandering is the
alteration of legislative district to favour the personal interest or political ambition of a
particular political party, candidate. It is inconsistent or repugnant to the provision of
the Constitution. Because under the Constitution, each legislative district shall
comprise, as far as practicable, continuous and compact and adjacent territory.

Congressional immunities. You know what is immunity from arrest. For legislator to
invoke immunity from arrest, there must be concurrence of certain requisites:

1. The Congress must be in session. The session being contemplated there is the
duration of the time that the congress convenes up to the time, up to its
adjournment. 30 days prior to the next opening thereof. It is not the session, 8-5
or 8-9, 8-10 session.
2. And of course the offense has the imposable penalty of 6 years and below. For if
the (penalty of the)offense is more than 6 years, immunity from arrest cannot be
invoke.
3. It is also not required that the legislator is actually attending the session. He may
be in his house. He may be in the restaurant. But for as long as the Congress is
in session, he can invoke immunity from arrest.

In so far as parliamentary immunity proper is concern, that is, that refers to speech and
debate. For his utterances and speech made in the house of congress, or elsewhere
provided it is in line with his function as a legislator, the legislator may invoke
parliamentary immunity.

Qualification for admission for Members of Congress.

Incompatible Office. That member of Congress, cannot assume double or multiple

positions especially if that would be inconsistent with his function as a legislator. He can
assume appointive office only upon resigning from office. But in forbidden office, even if
legislator is willing to relinquish his elective position as a legislator, for as long as long
as the office has been created or the emolument thereof has been increased during that
term for which he was elected, he cannot be appointed to it.

I have explained to you the several view on that law. The Conservative view and the
more liberal approach with regard to forbidden office rule. The Court of Appeals has
adopted the more liberal approach. That even after your term, you can now assume the
office.
The personal appearance as counsel in a judicial, quasi judicial and administrative
office. For purposes of the bar exam, you may adopt the Agpalo opinion wherein even
the law office is not allowed to enter appearance. The law office where the legislator
belongs is not allowed. but I don’t share the view kasi. For me I took the language of the
constitution in its plain and liberal meaning. Personal appearance does not include the
law office where I belong. Diba ang legislator, relative ang practice of law niyan. he can
practice. He or she can practice her profession. If she is a doctor, she can practice
medicine during his/her term of office. If he/she is a lawyer, he can practice law during
his/her term of office but there is a relative provision, there is a specific provision. That
as legislator, he cannot personally appear before the courts of justice, before the quasi-
judicial bodies, administrative bodies.

Of course financial interest in tany contract or franchise of the government owned and
controlled corporations…or where he mat..upon..

Journal and enrolled bill. How do you distinguish that? Journal is actually the minutes of
the proceeding. Minutes will be, of the ..partang sa korte, you have your mock, trial
practice ba yon? Whatever proceeding transpired during the deliberation, during the
session is recorded in the journal. An enrolled bill is a duly enacted bill which bears the
signatures of the presiding house, of both house. Of course, in the senate, it bears the
signature of the president. In the house of representative, it bears the signature of the
speaker of the house. And attested to by the respective secretary of the house. Once it
has the signature, it will be classified as the enrolled bill. And this enrolled bill is the one
being submitted to the office of the president for approval. Yan yung enrolled bill.

Journal, yan yung minutes or records or proceedings of meetings. You may ask, which
will prevail, assuming there is an inconsistency in the entries therein ? Of Course, in so
far as those matters which under the constitution are required to be entered therein, the
journal prevails over the enrolled bill. Otherwise, it is the enrolled bill which shall prevail.
What are those matters that are required to be entered into the journal as required by
the Constitution? The yeas and nays of the proceeding of the house. The objection of
the president when he vetoes and so on and so forth, ano pa ba, 4 ata iyon e.

Discipline of members. Of course, each house shall have the competent authority to
discipline its own members. It may impose the penalty of dismissal or separation or
expulsion from the house concern. On a suspension. But, take note in case of
suspension, the same shall last for 60 days. Meaning to say, the congress, the house
concern cannot impose a penalty of suspension for more than 60 days. Hindi pwede
yung, Of course pwede nating sabihin, halimbawa, the question was made in this
manner, that the ground for disciplinary measure will amount to an expulsion from the
house. However, in view of the mitigating circumstance, in view of compassionate
justice, the congress will only impose the 90 day suspension. That cannot be done. That
will be unconstitutional. The penalty of suspension can only be up to 60 days.

Of course Electoral Tribunals and the Commission on Appointments. These are

entities created by the Constitution which membership are generally confined to the
members of congress. But, although, membership in these 2 entities are members of
Congress, the Congress has no control over these entities, these Constitutional Office.
They are not subject to the control or supervision of the Congress as the body. Ergo,
the Congress cannot abolish them. The congress has no power to abolish them
because they are Constitutionally created. In so far as the Electoral Tribunal in concern,
it consist of 2 components, one, the judicial component and the other, is the legislative
component. Judicial component, consist of three magistrate of the Supreme Court. The
most senior shall be the chairman of the electoral tribunal. The second we have the
senate tribunal in the house, the house of representative electoral tribunal. For the
Legislative component, of course, there will be 6 members comprising the legislative
component taken from the proportionate representation of the political parties or parties
organizational or the partylist system represented. Now, what is the function of the
electoral tribunal? It is the sole judge of all contest related to electoral returns of all its
respective member. Take note for the electoral tribunal to assume jurisdiction, the
respondent must be, must already be a member of the house concern. Reyes vs
COMELEC... Now, ano yon? .. be considered a member of the senate or the house of
representative. Requisites must concur: valid.. assumption of office, valid oath. That has
been qualified in the case of Reyes vs COMELEC. That to be a valid a valid oath, it
must be before the senate president or the speaker of the house and in open session.

We also have the Commission of Appointments, consisting of the said president as the
chair and 24 members. 12 from the senate and 12 from the house of representatives.
What is he function of the commission of appointments? To confirm certain positions
..by the president. Particularly with regard to the first sentence of, with regard to those
officials.. section 16 article 7. …

PNP, alam nyo na iyan, does not require CA confirmation.

Coast Guard, does not require CA confirmation, kahit kapitan ka pa or heneral

What is the difference , aside from their respective functions? One distintinctive feature
between the two. CA conducts its business when it is in session but does not apply with
regard to the COMELEC. Once, convened, it may continue its mandate, notwithstanding
the recess of congress. Ang CA, conducts its business only ..kaya nga may mga
adinterim appointment tyo, An appointment made by the president when the congress is
in recess. Ad interim appointment is a permanent appointment but it is valid only during
the session of congress until its next adjournment.
We have the case of PIMENTEL vs …Eto yung, 2 kasi yung Pimentel. Isa yung
Pimentel vs COMELEC, .. qualifications provided under the Constitution. We have the ,
we have learned that once the qualifications for have been provided by the constitution,
congress have no authority to amend, decrease, kasi … refers top certain provisions in
the Dangerous Drug Act … as a requirement for an elective office, before they assume
office, they need to undergo to a mandatory drug test. That was questioned by Aquilino
Pimentel. That is unconstitutional because it has increased the qualifications in a
constitutional office. Not sanction under the power of the Congress to supplant, amend
the Constitution. The SC sustained the argument of Pimentel by stating that
requirement of mandatory drug test before an elected official shall assume office is
tantamount to additional qualification.

Pimentel vs Ermita refers to the discretion or exercise of the appointing power of the
president. While, or during the session of Congress, President Arroyo extended the
appointment to several personalities in an ad …acting capacity.. Villanueva, the
secretaries of the department during the session, the Congress went into recess, or
when the congress adjourn, that acting appointment was converted into an ad interim
appointment. That was questioned by Pimentel. Arguing that the President in doing so
has undermined the competence of the Commission on Appointments. Sabi ng SC, you
do not have the right, .. the discretionary power of the president to appoint someone or
to extend the same. You can only, the only participation of the Commission on
Appointments is , in so far as the exercise power of the president is merely to confirm or
nor confirm the appointment extended by the president to those official under the first
sentence of … The congress, particularly the Commission on Appointments, in
performing its mandate , ..does not extend to the power to determine who may be
appointed to a given office.