WMSU Law Reviewer 2015I The ConstitutionA.Definition, Nature & Concepts

CONSTITUTION - A written instrument by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise, for the benefit of the body politic. (Justice Miller, US Supreme Court cited by Bernas)

The 1987 Philippine Constitution- It is a written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. (Malcolm & Laurel, Phil Constitutional Law, p.6)

Characteristics of the Philippine Constitution(Cruz, Philippine Political Law, 2002, p.375)

1. Written as it precepts are embodied in one document or set of documents.2. Conventional it is an enacted constitution formally struck off at a definite time & place following a conscious effort taken by a constitutional body.3. Rigid it can only be amended by a formal & difficult process.

Effective date of the 1987 Philippine Constitution- it took effect on February 2,1987, the date of its ratification in the plebiscite, which was held on that same date and not on the date its ratification was proclaimed. (De Leon v. Esguerra, GR No. L-78059, August 31,1987)

B. Parts of the 1987 Philippine Constitution

The 1987 Constitution is composed of the following articles:

I. National Territory II. Declaration of Principles and State Policies III. Bill of RightsIV. Citizenship V. Suffrage VI. Legislative Department VII. Executive Department VIII. Judicial Department IX. Constitutional Commissions X. Local Government XI. Accountability of Public Officers XII. National Economy and Patrimony XIII. Social Justice and Human Rights XIV. Education, Science and Technology, Arts, Culture and Sports XV. The Family XVI. General Provisions XVII. Amendments or Revisions XVIII. Transitory Provisions

Essential Parts of a Good Written Constitution1. Constitution of Liberty contains the fundamental civil & political rights of the citizens as well as the limitations on the powers of the government to secure the enjoyment of the rights of the citizens. (e.g. Arts. III, IV, V & XII of the 1987 Philippine Constitution)2. Constitution of Government enumerates the powers of the government & outlines its organizations. (e.g. Arts. VI to XI)3. Constitution of Sovereignty contains the provisions on how changes in the Constitution may be made. (e.g. Art. XVII)

C. Amendments and Revisions

Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved, & generally affects only the specific provision being amended. (Lambino v. COMELEC, GR No. 174153, Oct. 25,2006)

Revision broadly implies a change that alters a basic principle in the Constitution or the substantial entirety of the Constitution & generally affects several provisions of the Constitution. (Ibid.)

2 Steps in Amendatory & Revision Process

1. Proposal2. Ratification

Ways to Make Proposal under the Constitution

1. Constituent Assembly by a vote of of all the member s of the Congress, voting separately (Art. XVIII, Sec. 1[1]);2. Constitutional Convention called either by 2/3 of all the members of the Congress, with the question of whether to call for a constitutional convention to be resolved by the people in a plebiscite.( Art. XVII, Sec. 3);3. Peoples Initiative thru a petition of at least 12% of the total number of voters, of which every legislative district must be represented by at least 3% of the registered voters therein. (Art. XVII, Sec. 2)

How Ratification is made?- Proposed amendments shall be submitted to the people and shall be deemed ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days.

Modes of Revising the Constitution1. By the Congress votes of all its members.2. By Constitutional ConventionPeoples Initiative is NOT a mode of revision.

Two-part test in determining whether a proposal involves an amendment or revision.

1. QUANTITATIVE TEST Whether the proposed change is so extensive in its provision as to change directly the "substance entirety" of the Constitution by the deletion or alteration of numerous provisions. The court examines only the number of provisions affected and does not consider the degree of the change.

2. QUALITATIVE TEST Inquires into the qualitative effects of the proposed change in the Constitution. The main inquiry is whether the change will "accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to a revision." (Lambino v. COMELEC, G.R. No. 174153, October 25, 2006)

D. Self-Executing & Non-self-Executing Provisions

General Rule - The provisions of the Constitution are considered self-executing, and do not require future legislation for their enforcement.

Exception - Principles in Article II are not intended to be self-executing principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws.(Tondo Medical v. Court of Appeals, G.R. No. 167324. July 17, 2000).

Exception to the Exception

1.The right to a balanced and healthful ecology is self-executory and does not need an implementing legislation. (Oposa v. Factoran, G.R. No. 101083, July 30, 1993) 2.Section 28 or the duty of full public disclosure is a SELF-EXECUTING provision. (Province of North Cotabato v. GRP, G.R. No. 183591, Oct. 14, 2008)

NOTE: Whether or not a provision is self-executing depends on the language of the provision. Most of the provisions in Article II are couched in non-self-executing language.

E.General Provisions (Art. XVI)

Sec.1 - The Philippine Flag Red, white, and blue with a sun and 3 stars.The design may be changed only by constitutional amendment.

Sec. 2 - Congress may, by law, adopt a new:

1. Name for the country 2. National anthem 3. National seal

NOTE: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Sec. 3 State is Immune from suit

- Based on the juridical & practical notion that the State can do no wrong. (Santos v. Santos, 92 Phil 281,283 [1952])

Secs. 4 & 5 - The Armed Forces of the Philippines

PROHIBITIONS AND DISQUALIFICATIONS: Military men cannot engage, directly or indirectly, in any PARTISAN POLITICAL ACTIVITY, except to vote.

Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries.

Sec. 6 - The Police Force

The State shall establish and maintain one police force, national in scope and civilian in character. The national police is now governed by R.A. No. 6975 which took effect on January 1, 1991.(Carpio v. Executive Secretary 206 SCRA 290 [1992])

Sec. 9 - Consumer Protection

The State shall protect consumers from trade malpractices and from substandard or hazardous products. The protection is intended, not only against traders, but also to manufacturers who dump defective products in the market.

Sec. 11 - Mass Media

The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by citizens

Only Filipino citizens or corporations or associations at least seventy per cent= (70%) of the capital of which is owned by Filipino citizens shall be allowed to engage in the advertising industry.

II. GENERAL CONSIDERATIONS

A. The National Territory

Territory of the PhilippinesThe National Territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial. and aerial domains. including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimension, form part of the internal waters of the Philippines. (Const. Art I. Sec., 1).

Philippine Territory Includes:1. PHILIPPINE ARCHIPELAGO That body of water studded with islands which is delineated in the Treaty of Paris, as amended by the Treaty of Washington and the Treaty with Great Britain. 2. All OTHER TERRITORIES over which the Philippines has sovereignty or jurisdiction Includes any territory presently belonging or those that might in the future belong to the Philippines through any of the accepted international modes of acquiring territory.

Territorial SeaIncludes the seabed, the subsoil, the insular shelves, and other submarine areas in the Philippine archipelago and all other territories, corresponding to (1) and (2) above.Extends upto 12 nautical miles from the low water mark.

Internal WatersWaters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions.

Contiguous ZoneExtends up to 12 nautical miles from the Territorial Sea OR 24 nautical miles from the low water mark. Although not part of the territory, the coastal state, the state may exercise jurisdiction to prevent infringement of customs, fiscal, immigration, or sanitary laws.

Exclusive Economic ZoneBody of water extending up to 200 nautical miles from the territorial sea, within which the state may exercise sovereign rights to explore, exploit, conserve and manage the natural resources.

Extended Continental ShelfA coastal state may be granted sovereignty over an additional continental shelf of 150 nautical miles from the Exclusive Economic Zone.

NOTE:The Philippine archipelago and all other territories consist of the following domains:1. Terrestrial2. Fluvial3. Aerial4. All other territories outside archipelago

TERRITORIAL SEA12 Nautical miles from baseline

CONTIGUOUS ZONE24 Nautical miles from baseline, or 12 nautical miles from the edge of the territorial sea

EXCLUSIVE ECONOMIC ZONE200 Nautical miles from the baseline (includes the territorial sea and the contiguous zone)

EXTENDED CONTINENTAL SHELF160 nautical miles from the Exclusive Economic Zone

ARCHIPELAGIC PRINCIPLEArchipelagic DoctrineThe waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines (Sec.1.)

The second sentence of Art I of the 1987 Philippine Constitution is an affirmation of the archipelagic doctrine, under which we connect the outer most points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands.

Normal Baseline MethodThe baseline is drawn following the low-water mark along the coasts as marked on large-scale charts officially recognized by the coastal State. This line follows the sinuosities of the coast and therefore would normally not consists of straight lines. See Section 5, 1982 LOS; Bernas, Commentary, p.23, (2009)

The Baseline Law (R.A. 9522, March 10, 2009)The law establishes 101 base points around the Philippine archipelago which are connected by straight lines to form the Philippine baselines. The Kalayaan island Group, as constituted under Presidential Decree No. 1596, and the Bajo de Masinloc, also known as Scarborough Shoal, are not included in the islands enclosed by the Philippine archipelagic baselines, and are instead treated as "regime of islands" under Philippine control.

B. STATE IMMUNITY (ARTICLE XVI)

Section 3: "The state may not be sued without its consent." This is based on the principle of equality of states par in parem non habet imperium.

Basis1. There can be no legal right against the authority which makes the law on which the right depends (Republic v. Villasor, 54 SCRA 83), However, it may be sued if it gives consent, whether express or implied. The doctrine is also known as the Royal Prerogative Doctrine.2. Immunity is enjoyed by other States, consonant with the public international law principle of par in parem non habet imperium. DOCTRINE OF SOVEREIGN IMMUNITY provides that the Heads of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit.a. The States DIPLOMATIC AGENTS, including consuls are exempt from jurisdiction of local courts and administrative tribunals. Foreign agent may be immune from suit if he is acting within directive of the sending state. Foreign agent not immune from the moment the foreign agent is sued in his individualcapacity; damage was caused by his act done with malice or in bad faith or beyond scope of his authority or jurisdiction.b. The United Nations as well as its organs and specialized agencies, are likewise beyond courts jurisdiction.c. Other intl organizations or intl agencies may be immune from jurisdiction of local courts and local administrative courts.

Scope of State Immunity JURE IMPERII - Immunity is granted to foreign States only with respect to their governmental acts JURE GESTIONIS - Immunity is not granted with respect to their commercial act

JURE GESTIONISJURE IMPERII

By right of economic or business relationBy right of sovereign power, in the exercise business relation of sovereign functions

May be sued

May not be sued

The rule is to adopt a doctrine of QUALIFIED IMMUNITY.

There are two conflicting concepts of sovereign immunity. According to the classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign. According to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperiii of a state but not with regard to private acts or acts jure gestionis.

General Rule: The State cannot be sued WITHOUT ITS CONSENT. (CONST. Art. XVI, Sec. 3)

Test to determine if Suit is Against the StateIf the enforcement of the decision rendered against the public officer or agency impleaded will require an affirmative act from State, then, it is a suit against the State. Its a suit against the state if it will really affect the property, rights or interests of the State and not merely those of the officers nominally made party defendants.

When considered a suit against the State 1. The Republic is sued by NAME 2. Suits against an unincorporated government AGENCY 3. Suit against PUBLIC OFFICERS.Suits are filed against officials of the state for acts performed by them in the discharge of their duties within the scope of their authority, but the ultimate liability shall be on the government.

Generally, Public officers, acting in their official capacity, may not be sued, without the States consent.Exceptions when public officer may be sued without the prior consent of the state: To compel him to do an act required by law To restrain him from enforcing an act claimed to be unconstitutional To compel payment of damages from already appropriated assurance fund To secure judgment that the officer impleaded may satisfy himself without the state having to do a positive act Govt itself violated its own laws because state immunity cannot be used to perpetrate an injustice

GR: Suit against officer is actually to StateIf a public officer acted pursuant to his official duties, without malice, negligence, or bad faith, he is not personally liable, and the suit is really one against the State.

EX: Suit against officer is actually to OfficerWhere a public officer has committed an ultra vires act, or where there is a showing of bad faith, malice, or gross negligence, the officer can be held personally accountable even if such acts are claimed to have been performed in connection with official duties. Wylie v.Rarang, [G.R. No. 74135, May 28, 1992].

EXCEPTIONS TO STATE IMMUNITY FROM SUITi. Consent to be Sued1. EXPRESS - The law expressly grants the authority to sue the State or any of its agencies. e.g.a. A law creating a government body expressly providing that such body "may sue or be sued." b. Art. 2180 of the Civil Code - creates liability against the State when it acts through a special agent.

2. IMPLIED a. The State, through the proper officer and within the scope of his authority, enters into a PRIVATE contract. EXCEPTION: The contract is merely incidental to the performance of a governmental function. b. The State enters into an operation that is essentially a business operation. EXCEPTION: The operation is incidental to the performance of a governmental function. e.g. arrastre services

NOTE:When the State conducts business operations through a Government-Owned and Controlled Corporation (GOCC), the GOCC can generally be sued, even if its charter contains no express "sue or be sued" clause.

ii. A suit against an incorporated agency

NOTE: This is because they generally conduct proprietary business operations and have charters, which grant them a separate juridical personality.

If the charter provides that the agency can sue and be sued, then the suit will lie, including one for tort. PNB v. CIR, [G.R. No.L-32667. January, 31 1978].

If the suit is against an unincorporated government agency, there is a need to inquire into the principal functions of the agency.

1. If governmental cannot be sued without consent 2. If proprietary suit will lie because the State engages in principally proprietary functions, then it descends to the level of a private individual, vulnerable to suit. NAC v. Teodoro (G.R. No. L-5122, April 30, 1952].

iii. The State files suit against a private party

Garnishment of Government Funds General Rule: Not allowed. Whether the money is deposited by way of general or special deposit, they remain government _ _ kinds and are not subject to garnishment.

Exceptions Where a law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be garnished.

If the funds belong to a public corporation or a GOCC which is clothed with a personality of its own, then the funds are not exempt from garnishment. NHA v. Guivelando [G.R. No. 154411, June 19, 2003].

Consent to be sued is not equivalent to consent to liabilityThe fact that the State consented to being sued does not mean that the State will ultimately be held liable.

Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public funds. No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.

Payment of interest by the government in money judgment against it General Rule: Government cannot be made to pay interests. Exceptions 1. Eminent domain 2. Erroneous collection of tax 3. Government agrees to pursuant to law pay interest

Immunity from Jurisdiction General rule: The jurisdiction of a state within its territory is complete and absolute.

Exceptions: 1. Sovereign immunity 2. Diplomatic immunity 3. HostisHumanis Generis - enemy of all mankind or crimes justiciable by any state anywhere (i.e. Slave Trader, Pirate) Filartiga v. Pena-lrala (630 F.2d 876, 1980).

Acts of State Immunity Every state is bound to RESPECT THE INDEPENDENCE of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory. Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves.

This immunity is for the benefit of the state thus, only the state may waive it.

Nothing in the complaint would require a court to pass judgment on any official act of the Philippine government. Just as raising the specter of political issues cannot sustain dismissal under the political question doctrine. neither does a general invocation of international law or foreign relations mean that an act of state is an essential element of a claim. It cannot be thought that every case touching foreign relations lies beyond judicial cognizance. Provincial Government of Marinduque v. Placer Dome, Inc., (G.R. No. 07-1630, March 10, 2009].

Q: Can it be said that the commission of a crime by a state official, which is an international crime against humanity and jus cogens, is an act done in an official capacity on behalf of the state?

A: As a matter of general customary international law, a head of state will PERSONALLY be liable to account if there is sufficient evidence that he authorized or perpetrated serious international crimes. Individuals who commit international crimes are interntationally accountable for them.

General Rule: Any person who, in performing an act of the state, commits a criminal offense is immune from prosecution. This applies not only to ex-heads of state and ex-ambassadors but to ALL state officials who have been involved in carrying out the functions of the state (Immunity RationeMateriae/Functional Immunity "Immunity of the official").

Exception: Functional immunity of state officials of the foreign state could no longer be invoked in cases of international crimes (Regina v. Bartle and the Commissioner of Police "Pinochet Case").

Exception to the Exception: When the case is brought against the State itself for liability to damages (i.e. civil proceedings against a State), the rationale for the judgment in the Pinochet case has no bearing.

NOTE:A STATE is not deprived of immunity by reason of the fact that it is ACCUSED of serious violations of international human rights law or the international law of armed conflict. The court distinguished between immunity and substantive jus cogens rules of international law and held that a finding of immunity does not equal a finding that a state did not owe reparations (Jurisdictional Immunities of the State: Germany v. Italy, 2012).

Immunity of head of state for private acts lasts while a person is still in office, for public acts, even after office.

C. General Policies and State Principles (Article II)

PRINCIPLES binding rules which must be observed in the conduct of government.

POLICIES guidelines for the orientation of the state.

Democratic and Republican StateThe Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. (CONST. Art II, Sec. 1)

DemocraticUnderstood as participatory democracy; contemplates instances where the people would act directly, and not through their representatives.

RepublicanA government which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people.

Elements of a StateCODE: GSPoT1. GOVERNMENT - Institution organized and run in order to manage the affairs of the State. 2. SOVEREIGNTY - Power of the State to regulate matters within its own territory. 3. POPULATION - A group of persons sufficiently numerous held together by a common bond. 4. TERRITORY - A definite area over which the State exercises sovereign jurisdiction.

General Principles of International Law Principles based on natural justice common to most national systems of law.

EXAMPLES: 1. The right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him. Mejoff v. Director of Prisons.[G.R. No. L-4254, September 26. 1951].

2. The right of a country to establish military commissions to try war criminals. Kuroda v. Jalandoni, (G.R. No. L-2662, March 26, 1949]. 3. The Vienna Convention on Road Signs _ and Signals. Agustin v. Edu, [G.R. No. L-49112, February 2, 1979].

4. Duty to protect the premises of embassies and legations. Reyes v. Bagatsing, [G.R. No.L-65366. November 9. 1983].

5. Good faith, estoppel, exhaustion of local remedies, unjust enrichment.

NOTE: The Philippines RENOUNCES AGGRESSIVE war as an instrument of national policy, but ALLOWS for a defensive war.

Civilian Authority CIVILIAN AUTHORITY - The head of the armed forces is a civilian president and the primary purpose of AFP is to serve and protect the people.

MARK OF SOVEREIGNTY - Positively, the military is the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. Negatively, it is an expression against military abuses.

Freedom from Nuclear Weapons PROHIBITS

DOES NOT PROHIBIT

Possession, control and manufacture of nuclear weapons

Peaceful use of nuclear energy

NOTE: Exception to policy against nuclear weapons may be made by political departments; but must be justified by demands of national interest.

Social Justice The State shall promote social justice in all phases of national development.

Social Justice has been defined by Justice Laurel as the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Calalang v. Williams, [70 Phil. 726 (1940)].

Protection of the Life of the Unborn It is not an assertion that the unborn is a legal person.

It is not an assertion that the life of the unborn is placed exactly on the same level of the life of the mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed.

The Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception.

Right to a Balance and Healthful Ecology The right to a balanced and healthful ecology is not less important than any of the civil and political rights enumerated in the Bill of Rights. The right to a balanced and healthful ecology carries with it an intergenerational responsibility to care for and protect the environment. Oposa v. Factoran, P.R. No. 101083, July 30, 1993].

D. Separation of Powers

An allocation of the three great powers of government in the following manner: legislation to Congress, execution of laws to the Executive, and settlement of legal controversies to the Judiciary. It is also an implicit limitation on their powers, preventing one from invading the domain of the others, but the separation is not total.

The principle of separation of powers ordains that each of the three great government branches has exclusive cognizance of and is supreme in concerns falling within its own constitutionally allocated sphere; e.g., the judiciary as Justice Laurel emphatically asserted "will neither direct nor restrain executive [or legislative] action." Republic vs. Bayao, [G.R. No. 179492, June 5, 2013]

E. Checks and BalancesA system operating between and among the three branches of government the net effect of which is that no one department is able to act without the cooperation of at least one of the other departments.e.g. Legislation needs final approval from the President; President must obtain the concurrence of Congress to complete certain acts; Money can be released from the Treasury only by authority of Congress; SC can declare acts of Congress or the Executive unconstitutional.

F. Delegation of Powers

General RuleLegislative power is vested in Congress (Senate + House of Representatives) by the sovereign Filipino people. Congress cannot delegate its legislative power under the maxim potestas delegate non delegaripotest(what has been delegated cannot be delegated.)

ReasonIt is based upon the ethical principle that such delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.

Test of Valid Delegation i. Completeness Test

The law must state the policy that must be carried out or implemented and leave no room for the delegate to legislate; nor allow discretion on their part to say what the law is; there must be nothing left for the delegate to do but to enforce the law.

ii. Sufficiency of Standard The limits are sufficiently determinate and determinable to which the delegate must conform in the performance of his actions. e.g. Public interest People v. Rosenthal, [G.R. Nos. L-46076 and L-46077 June 12, 1939] Fair and equitable employment practices Eastern Shipping Lines v. POEA, supra justice and equity public convenience and welfare simplicity, economy, and efficiency.

Exceptions (PETAL)I. Delegation to the PEOPLEat largeTO the extent reserved to the PEOPLE by the provision on initiative and referendum. The requirement of plebiscite in the creation, division, merger, abolition of province, city, municipality, or barangay or its boundary.

II. EMERGENCY powers of the PresidentIn times of war or other national emergency, the Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers cease upon its next adjournment.

To declare a state of emergencyTo exercise emergency powers

No legitimate constitutional objection can be raised

Does not require a delegation from the CongressManifold constitutional issue arise

Requires a delegationFrom Congress

NOTE: 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 of an otherwise complete statute; or

2. ASCERTAINING THE FACT necessary to bring a "contingent" law or provision into actual operation.

Any post-enactment congressional measure should be limited to scrutiny and investigation. In particular, congressional oversight must be confined to the following: (SAHM)

1. SCRUTINY based primarily on Congress' power of appropriation and the budget hearings conducted in connection with it 2. Its power to ask heads of departments to APPEAR before and be HEARD by either of its Houses on any matter pertaining to their departments and its power of confirmation investigation 3. MONITORING of the implementation of laws pursuant to the power of Congress to conduct inquiries in aid of legislation

Any action or step beyond that will undermine the separation of powers guaranteed by the Constitution. Legislative vetoes fall in this class. AbakadaGuro Party List v. Purisima, (G.R. No. 166715, August 14. 2008].

Reorganization "involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions." The general rule has always been that the power to abolish a public office is lodged with the legislature. The EXCEPTION, however, is that as far as bureaus, agencies or offices in the EXECUTIVE DEPARTMENT are concerned, the President's power of control may justify him to inactivate the functions of a particular office, or certain laws may grant him the broad authority to carry out reorganization measures.Malaria Employees v. Romulo, [July 31, 2007].

iii. Tariff powers of the President.Congress may delegate TARIFF POWERS to the President Art. VI, Section 23 (2) authorizes Congress to give the President power necessary and proper to carry out a declared national policy; Section 28(2) authorizes Congress to delegate the power to fix tariff rates, import and export quotas, tonnage, wharfage dues, and other

iv. Delegation to Administrative Bodies

Rationale: 1. Increasing complexity of the task of government 2. Lack of technical competence on the part of Congress to provide for specific details of implementation 3. Administrative agencies may fill up details of the statute for implementation 4. Legislative may pass "contingent legislation " which leaves to another body the business of ascertaining facts necessary to bring the law into action ABAKADA v. Ermita, [G.R. No. 168056, 1 September 2005].

NOTE: Standards may be expressed or implied from the law taken as a whole Edu v. Ericta [G.R. No. L-32096, October 24, 1970].

They can even be gathered in other statute of the same subject matter Chongbian v. Orbos, G.R. No. 96754, June 22, 1995].

If there was a valid delegation, administrative rules and regulations are just binding as if it was written in the law.

Administrative agencies may not issue regulations that contravene the law Solicitor General v. Metro Manila Authority, [G.R. No. 102782, December 11. 1991] nor may they add to the standards set by law Tatad v. Secretary of Energy, [G.R. No. 124360, November 5, 1997].

A law allowing a judge to inflict punishment of imprisonment in its discretion without any designated limits is invalid People vsDacuycoy. [G.R. No. L-45127, May 5 1989].

Administrative rules and regulations may be penal in nature provided that: (1) such a violation is made a crime by the delegating law; (2) penalty of such is provided in the statutes, (3) the regulation is published.

Powers of Congress which are not to be delegated are those that are strictly or inherently legislative. Purely legislative power is the authority to make a complete law -complete as to the time it shall take effect or to whom it shall be applicable and to determine the expediency of the enactment.

v. Delegation to local government unitsLocal legislative bodies are allowed by our Constitution to legislate on purely public matters. Since what was given to local legislative bodies are not power to make rules and regulations but legislative power, the rules on valid delegation does not apply. However, when what is given to local legislative body is executive power, the rules applicable to the empowerment of administrative agencies also becomes applicable Rubi v. Provincial Board, [G.R. No. L-14078. March 7, 1901].

G. Forms of Government

GOVERNMENT An element of a state; that institution through which the State exercises power; the aggregate of institutions by which an independent society makes and carries out rules of action which are necessary to enable men and women to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. Bacani v. NACOCO, [100 Phil.At 471].

NOTE: On the National level, refers to the Legislative, Executive, JudiciC departments. On the local level.refers to the regional, provincial, city, municipal, and barrio governments.

ADMINISTRATION Set of people currently running the government institution.

Classification of Government Function i. CONSTITUENT Compulsory functions which constitute the very bonds of society.

e.g.

1. Keeping order and providing protection to persons and property 2. Fixing of legal relations between husband and wife, parents and children 3. Regulation of the holding, transmission, interchange of property; determination of liabilities for debt or crime 4. Determination of contract rights between individuals 5. Definition and punishment of crime 6. Administration of justice in civil cases 7. Determination of political duties. privileges, and relations of citizens 8. Dealings of the State with foreign powers: preservation of the State from external danger or encroachment and advancement of international interest

ii. MINISTRANT Discretionary or optional functions intended to achieve a better life for the community.

Principles for determining whether or not government should exercise ministrant functions:

Government should do for the public welfare those things which private capital would not naturally undertake.

Government should do those things which by its nature it is better equipped to administer for the public welfare than is any private individual or group of individuals.

Classification According to Legitimacy 1. De Jure Legitimate; possessing all the legal requisites of government 2. De facto Lacking one or more of the legal requisites of government

TYPES OF DE FACTO GOVERNMENTS (VIP)

1. Government that usurps government and maintains itself against the will of the majority by force or by violence. 2. Government established and maintained by military forces which invade or occupy a territory of the enemy in the course of war; a government of paramount force. 3. Government established as an independent government by inhabitants who rise in insurrection against the parent state.

NOTE: A de facto government can be denominated as such only after they are defeated. Common Forms of Democratic Government

i. Presidential Government is characterized by a separation of powers among the Legislative, Executive, and Judiciary. This system embodies "interdependence by separation and coordination." The head of State is the President, who likewise presides over the Executive Department.

ii. Parliamentary Government characterized by "interdependence by integration." Here, the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined.

ESSENTIAL FEATURES OF A PARLIAMENTARY SYSTEM OF GOVERNMENT 1. Members of government, or the cabinet, or the executive are as a rule, simultaneously members of the legislature. 2. The government or cabinet is in effect a committee of the legislature. 3. The government or cabinet has a pyramidal structure at the apex of which is the Prime Minister or his equivalent. 4. Government or cabinet stays in power only so long as it enjoys the support of the majority of the legislature. 5. Both government and legislature possess control devices with which each can demand of the other immediate political responsibility.

LEGISLATURE power to exercise a "vote of no confidence" (censure) whereby government may be ousted.

EXECUTIVE the power to dissolve the legislature and call for new elections.

LEGISLATIVE DEPARTMENT

Q. Who may Exercise Legislative Power A. CONGRESS

GENERAL RULE: Legislative power is vested in Congress (Senate + House of Representatives) by the sovereign Filipino people. Congress cannot delegate its legislative power under the maxim delegate potestas non potest delegari (delegated power may not be delegated).

EXCEPTIONS: (PLATE) 1. To the extent reserved to the PEOPLE by the provision on initiative and referendum_ 2. Delegation to LOCAL GOVERNMENT 3. Delegation to ADMINISTRATIVE BODIES 4. Congress may delegate TARIFF POWERS to the President 5.EMERGENCY POWERS delegated by Congress to the President

Classification of Legislative Power (COrODe): 1. CONSTITUENT - The power to propose amendments to the Constitution. 2. ORDINARY - The power to pass ordinary laws 3. ORIGINAL - Possessed by the people in their sovereign capacity, exercised via INITIATIVE and REFERENDUM. 4. DELEGATED - Possessed by Congress and other legislative bodies by virtue of the Constitution

Limits

1. SUBSTANTIVE - limitations on the content of laws NOTE: No law shall be passed establishing a state religion. 2. PROCEDURAL - limitations on the manner of passing laws NOTE: Generally, a bill must go through three readings on three separate days. 3. Congress CANNOT pass irrepealable laws

2. LOCAL GOVERNMENT

Local legislative bodies are allowed by our Constitution to legislate on purely public matters. Since what was given to local legislative bodies are not power to make rules and regulations but legislative power, the rules on valid delegation does not apply. However, when what is given to local legislative body is executive power, the rules applicable to the empowerment of administrative agencies also becomes applicable Rubi v. Provincial Board, P.R. No. L-14078. March 7, 1901].

REQUISITES OF A VALID ORDINANCE: (CODE: Must NOT CUPPU, Must be GC)

1. Must not CONTRAVENE the Constitution or any statute 2. Must not be UNFAIR or oppressive 3. Must not be PARTIAL or discriminatory 4. Must not PROHIBIT, but may regulate trade 5. Must not be UNREASONABLE 6.Must be GENERAL and CONSISTENT with public policy. Magtajas v. Pryce Properties, (G.R. No. 111097, July 20, 1994].

3. PEOPLE'S INITIATIVEINITIATIVE - The power of the people to propose amendments to the Constitution or to propose and enact legislation in an election called for that purpose. [Sec. 3(a), R.A. 6735].

THREE TYPES OF INITIATIVE [Sec. 3(a), R.A. 6735] 1. INITIATIVE ON THE CONSTITUTION - A petition proposing amendments to the Constitution. 2. INITIATIVE ON STATUTES - A petition proposing to enact a national legislation. 3. INITIATIVE ON LOCAL LEGISLATION -A petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance.

LIMITATIONS ON THE POWER OF LOCAL INITIATIVE [Sec. 15, R.A. 6735]

1. Should not be exercised more than once a year; 2. Extended only to subjects or matters which are within the legal powers of local legislative bodies to enact; 3. If the local legislative body adopts the proposition in toto before the initiative is held, the initiative shall be cancelled. Those against such action may apply for initiative.

REFERENDUM - Power of the electorate to approve or reject legislation through an election called for the purpose. [Sec 3(c), R.A. 6735].

REQUIRED PETITION 1. Petition should be registered with the Commission on Elections (RA 6735 ) 2. Should be signed by at least 10% of the total number of registered voters 3. Every legislative district must be represented by at least 3% of the registered voters thereof

The petition to be signed by the people should contain a definite proposal of the amendment of the Constitution; not merely a general question whether they approve of the amendment or not. Lambino v. COMELEC, [G.R. No. 174153, October 25, 2006].

TWO CLASSES OF REFERENDUM [Sec 3 (c), R.A. 6735]

1. Referendum on statutes 2. Referendum on local laws

MATTERS WHICH MAY NOT BE THE SUBJECT OF INITIATIVE OR REFERENDUM [Sec 10, R.A. 6735]

1. A petition embracing more than one subject 2. Statutes involving emergency measures

The President under a Martial Law Rule or in a Revolutionary Government

Q. Discuss the legislative power of the President exercise in case of martial law or in a revolutionary government.A. The declaration of martial law has no further effect than to warn the citizens that the military powers have been called upon by the executive to assist him in the maintenance of law and order and that while the emergency lasts, they must, upon pain of arrest and punishment, not commit any act which will in any way render difficult the restoration of order and the enforcement of law. When martial law is declared, no new powers are given to the executive; no extension of arbitrary authority is recognized; no civil rights of the individuals are suspended. The relationship of the citizens to their State is unchanged.

B. Houses of Congress (Art. VI)1. SENATE2. HOUSE OF REPRESENTATIVES

SENATORREPRESENTATIVE

24 SenatorsNot more than 250 representatives unless otherwise fixed by law

At least 35 y.o. on the DAY OF THE ELECTIONAt least 25 y.o. on the DAY OF THE ELECTION

Natural- born citizen of the Philippines

Able to read and write

Registered voterRegistered voter in the district in which he shall be elected

(except party-list representatives)

Resident of the Philippines for at least 2 years immediately preceding the electionResident of the said district for at least 1 year immediately preceding election (except party-list representative)

Term of 6 yrs.

Commencing at noon on June 30, next following their electionTerm of 3 yrs.

Commencing at noon on June 30, next following their election

Term limit: no more than 2 consecutive termsTerm limit: no more than 3 consecutive terms

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. See Section 3 & 6, ARTICLE VI; Pimentel v. COMELEC, [G.R. No. 161658, Nov. 3, 2008].

a.) District representatives and questions of apportionment

District Representative [Sec. 5]

1. Elected from legislative districts that are APPORTIONED in accordance with the number of inhabitants in each area and on the basis of a UNIFORM AND PROGRESSIVE RATIO.

2. Each district shall comprise, as far as practicable, CONTIGUOUS, COMPACT and ADJACENT TERRITORY. (CCA)

3. Each city with at least 250,000 inhabitants will be entitled to at least one representative while each province will have at least one representative.

4. Legislative districts shall be RE-APPORTIONED by Congress within 3 years after the return of each census.

Creation of Legislative DistrictsOnly Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. The ARMM Regional Assembly cannot create a province without a legislative district because the Constitution mandates that every province shall have a legislative district. Sema v. COMELEC, P.R. No. 177597, July 16, 2008].

The COMELEC cannot correct the imbalance resulting from the increase of districts by transferring districts. The COMELEC must wait for a legislative enactment.

GERRYMANDERING - the formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party. Navarro vs. Executive Secretary [G.R. No. 180050, February 10, 2010].

b) Party-list system

Q. What is the Party-List System?A. The Party-List System is a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional and sectoral parties or organizations or coalitions thereof registered with the COMELEC. (The Party-List System Act, [R.A 7941] Sec. 3)

Q. What are the guidelines for screening party-list applicants?A.

1. Three different groups may participate in the party-list system: (1)national parties or organizations, (2)regional parties or organizations, and (3)sectoral parties or organizations.

2. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent any marginalized and underrepresented sector.

3. Political parties can participate in party-list elections provided theyregisterunder the party-list system and do not field candidates in legislative district elections. A political party, whether major or not, that fields candidates in legislative district elections can participate in party-list elections only through its sectoral wing that can separatelyregisterunder the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition.

4. Sectoral parties or organizations may either be marginalized and underrepresented or lacking in well-defined political constituencies. It is enough that their principal advocacy pertains to the special interest and concerns of their sector. The sectors that are marginalized and underrepresented include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers. The sectors that lack well-defined political constituencies include professionals, the elderly, women, and the youth.

5. A majority of the members of sectoral parties or organizations that represent the marginalized and underrepresented must belong to the marginalized and underrepresented sector they represent. Similarly, a majority of the members of sectoral parties or organizations that lack well-defined political constituencies must belong to the sector they represent. The nominees of sectoral parties or organizations that represent the marginalized and underrepresented, or that represent those who lack well-defined political constituencies, either must belong to their respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations.

6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least one nominee who remains qualified.

Parameters in Party-List Elections 1. The 20% allocation- Twenty percent (20%) of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts.

No. of seats for legislative districts x. 2= party-list seats

2. A guaranteed seat for a party-list organization garnering 2% of the total votes cast- The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the total party-list votes.

3. Proportional representation- The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. The additional seats shall be distributed to the parties in a second round of seat allocation according to the two-step procedure laid down in the Decision of 21 April 2009 as clarified in this Resolution. The continued operation of the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats.

4. The three-seat cap- Each qualified party, regardless of the number of votes it actually obtained, is entitled only to maximum of 3 seats. Banat v. COMELEC G. R. No. 179271, July 8. 2009] ( Resolution).

Qualifications Of Party List Representatives [Sec. 9, R.A. 7941].1. Natural born citizen of the Philippines; 2. Registered voter; 3. Resident of the Philippines for a period of not less than one (1) year immediately preceding the day of the election; 4. At least 25 years of age on the day of the election (Youth sector nominee must be at least 25 years but not more than 30 years old on day of election); 5. Able to read and write; 6. A bona fide member of the party or organization he seeks to represent for at least ninety (90) days before the day of the election.

A nominee who changes his sectoral affiliation within the same party will only be eligible for nomination under the new sectoral affiliation if the change has been effected at least six months before the elections. Amores v. HRET, [G.R. No. 189600, June 29, 2010].

COMELEC has jurisdiction to determine whether an organization applying for the party list system represents marginalized sector. It cannot be challenged by certiorari because the decision is based on facts and the SC does not try facts. V.C. Cadangen vs. COMELEC [G.R. 177179. June 5. 2009].

Term and Tenure

TERMTENURE

The period during which the elected officer is legally authorized to assume his office and exercise the powers thereof

The period during which such officer actually holds his position

CANNOT be reduced

MAY be limited (by law)

WAYS BY WHICH TENURE OF MEMBERS OF CONGRESS MAY BE SHORTENED Code: FRED

1. FORFEITURE of his seat by holding any other office or employment in the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or subsidiaries (Art VI, Sec 13); 2. VOLUNTARY RENUNCIATION of office (Art VI, Sec 7, par. 2) 3. EXPULSION as a disciplinary action for disorderly behavior (Art VI, Sec 1613]); 4. DISQUALIFICATION as determined by resolution of the electoral tribunal in an election contest (Art VI, Sec 17);

Vacancy and Special ElectionIn 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.

NOTE: Filling of a vacancy in Congress falls within the discretion of Congress.

C. Legislative Privileges, Inhibitions and Disqualifications (Art. VI)

Privileges [Sec. 11]

i. Immunity From ArrestLegislators are privileged from arrest while Congress is "IN SESSION" ONLY (whether regular or special) with respect to offenses punishable by not more than 6 years of imprisonment. The immunity does not extend to the prosecution of criminal offenses.

ii. Privilege Speech No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in Congress or in any Committee thereof.

LIMITATIONS: 1. Protection is only AGAINST PROSECUTION IN ANY FORUM other than Congress itself. Hence, the Senate or the House may discipline their respective members.2. The 'speech or debate' must be made IN PERFORMANCE of their duties as members of Congress. 3. Congress need NOT be in session when the utterance is made, as long as it forms part of legislative action (e.g. 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)

Inhibitions [Sec. 12] All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

N.B. Therefore, senators and representatives are not prohibited from introducing bills that have conflicts with their interest, as long as they disclose.

Disqualifications [Sec. 13 & 14]

DISQUALIFICATIONWHEN APPLICABLE

Cannot hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including GOCCS or their During his term. If he does so, he forfeits his seat in Congress.

subsidiaries.

Cannot be appointed to any officeIf the office was created or the emoluments thereof increased during the term for which he was elected

Cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative body.

During his term of office

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

During his term of office

Cannot intervene in any matter before any office of the government.When it is for his pecuniary benefit or where he may be called upon to act on account of his office.

A congressman cannot buy nominal amount of shares in a corporation in a suit before the SEC and appear in "intervention." This is a circumvention of the constitutional policy. Puyat vs. De Guzman [G.R. No. L-51122, March 25. 19821

Rules on Increase in Salaries [Sec. 10]

No increase in their salaries shall take effect until AFTER the EXPIRATION OF THE FULL TERM (NOT TENURE) of all the members of the Senate and the House of Representatives approving such increase (remember that Senators have six years).

Since the Constitution provides for rules on "salaries" and not "emoluments", members of the House may appropriate for themselves other sums of money such as travel allowances, as well as other benefits.

A new senator or representative elected through special election is not entitled to the new salary rate because the new members are serving the terms of those who approved the increase. Thus, they are not entitled to the increase.

Right of Members to Attend Congressional Sessions All prisoners whether under preventive detention or serving final sentence cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention. This is a necessary consequence of arrest and detention. The presumption of innocence does not carry with it the full enjoyment of civil and political rights. Trillanes v. Judge Pimentel [G.R. No 179817, June 28. 2008].

D. Sessions, Quorum, and Voting Majorities SESSIONS [Sec. 15]

REGULAR SESSIONS - Congress convenes once every year on the 4th MONDAY OF JULY (unless otherwise provided for by law). It continues in session for as long as it may determine, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.

SPECIAL SESSIONS - called by the President at any time when Congress is not in session

In computing a quorum, members who are outside the country and thus outside of each House's coercive jurisdiction are not included. The basis in determining the existence of a quorum in the Senate is the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. Avelino v. Cuenco, [83 Phil. 17, March 4, 1949].

OFFICERS OF CONGRESS ISec. 16]

1. Senate President 2. Speaker of the House 3. Such other officers as it may deem necessary.

ELECTION OF OFFICERS By a MAJORITY VOTE of ALL respective members

The Senate has prerogative to choose how to elect other officers apart from the Senate President and House Speaker. So the Court cannot de-proclaim Guingona. Totod v. Guingono [G.R. No. 134577, November 18, 19881

INTERNAL RULES As part of their inherent power, each House may determine its own rules. Hence, the COURTS CANNOT INTERVENE in the implementation of these rules insofar as they affect the members of Congress.

E. Discipline of Members ISec. 16] 1.SUSPENSION - shall not exceed 60 days, with the concurrence of 2/3 of ALL its members

2.EXPULSION - concurrence of 2/3 of ALL its members

The disciplinary action taken by Congress against a member is not subject to judicial review because each House is the sole judge of what disorderly conduct is. Osmenia v. Pendatun [G.R. No. L-17144. October 28, 1960].

The parliamentary immunity of members of Congress is not absolute. While parliamentary immunity guarantees the legislator complete freedom of expression without fear of being made responsible before the courts or any other forum outside of Congressional Hall, it does NOT protect him(her) from responsibility before the legislative body itself whenever words and conduct are considered disorderly or unbecoming a member thereof.

For unparliamentary conduct, members of Congress can be censured, committed to prison, suspended, even expelled by the votes of their colleagues. Osmena v. Pendatun, [G.R. No. L-17144, October 28, 1960].

Congressional Journals and Records [Sec. 16] GEN. RULE: The Journal is conclusive upon the courts.

EXCEPTION: An enrolled bill prevails over the contents of the Journal.

ENROLLED BILL DOCTRINE The signing of a bill by the Speaker of the House and the President of the Senate and its certification by the secretaries of both Houses of Congress that such bill was passed are conclusive of its due enactment. Arroyo v. De Venecia, [G.R. No.127255 August 14, 1997].

ENROLLED BILLJOURNALRECORD

Official copy of approved legislation, With certifications of presiding officersAbbreviated account of daily proceedings in CongressWord for word transcript of deliberations in Congress

Submitted to the President for signatures Provides proof of what transpired during deliberationsProvides detailed proof of what transpired during deliberations

Insures publicity of publicity if legislative proceedingsSupports the journal entry

F. Electoral Tribunals and the Commission on Appointments

ELECTORAL TRIBUNALS [Sec. 17] The Senate and the House shall each have an Electoral Tribunal.

Composition 1. 3 Supreme Court Justices to be designated by the Chief Justice 2. 6 Members of the Senate or House, as the case may be. They shall be chosen on the basis of proportional representation from the political parties and party-list organizations.3. The senior Justice in the Electoral Tribunal shall be its Chairman.

Jurisdiction

Each Electoral tribunal shall be the SOLE JUDGE of all CONTESTS relating to the (ERQ) 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.

Once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the House of Representatives, the COMELEC's jurisdiction over election contests relating to his election. returns, and qualifications ends, and the HRET's own jurisdiction begins. It follows then that the proclamation of a winning candidate divests the COMELEC of its jurisdiction over matters pending before it at the time of the proclamation. The fact that the proclamation of the winning candidate was alleged to have been tainted with irregularity does not divest the HRET of its jurisdiction. Limkaichong v. COMELEC, [GR. No. 178831-3, April 1. 2009].

ELECTION CONTEST -Where a defeated candidate who received the 2nd highest number of votes challenges the qualifications of a winning candidate and claims for himself the seat of a proclaimed winner. In the absence of an election contest, the Electoral Tribunal is without jurisdiction.

Since the Electoral Tribunals are independent constitutional bodies:

1. Neither Congress nor the Courts may interfere with procedural matters relating to the functions of the Electoral Tribunals.2. Its members may NOT BE ARBITRARILY REMOVED from their positions in the tribunal by the parties that 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 Electoral Tribunal are themselves the ones sought to be disqualified (due to the filing of an election contest against them) does not warrant the disqualification of all the members of the Electoral Tribunal. 4. Judicial review of decisions of the Electoral Tribunals may be had with the SC only on the ground of grave abuse of discretion, the decision or resolution having been rendered without or in excess of jurisdiction.

COMMISSION ON APPOINTMENTS (CA) [Sec. 18]

Composition 1. Senate President as ex-officio chairman 2. 12 Senators 3. 12 Members of the House

Manner of Constitution Elected on the BASIS OF PROPORTIONAL REPRESENTATION from the political parties and party-list organizations within 30 days after the Senate and the House of Representatives shall have organized with the election of the Senate President and the Speaker of the House. (Sec. 19, Art. VI)

The Constitution does not require that the full complement of 12 senators be elected to the membership in the CA before it can discharge its functions and that it is not mandatory to elect 12 senators to the CA. Guingona vs. Gonzales. jG.R. No. 106791. March 1, 1993].

The two houses have primary jurisdiction on who should sit in the CA. This includes determination of party affiliation and number of party members for purpose of determining proportional representation. Drilon v. De Venecia, No. 180055, July 31, 20091

Voting 1. The Commission shall rule by a MAJORITY VOTE of all the Members. 2. The chairman shall only vote in case of a TIE. 3. The Commission shall act on all appointments submitted to it within 30 session days. 4. The Commission shall meet only while Congress is in session, at the call of its Chairman or a majority of all its members.

Jurisdiction Commission on Appointments shall CONFIRM the appointments by the President with respect to the following positions: E-MA2-C

1. HEADS of the Executive Departments (except if it is the Vice-President who is appointed to the post). 2. AMBASSADORS, 3. Other PUBLIC MINISTERS or CONSULS 4. OFFICERS OF THE AFP from the rank of Colonel or Naval Captain and above; and 5.Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members)

Limitations 1. 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. 2. Appointments extended by the President to the enumerated positions while Congress is not in session shall only be effective until DISAPPROVAL by the CA, or until the NEXT ADJOURNMENT of Congress. 3. Since the Commission on Appointments is an independent constitutional body, its rules of procedure are outside the scope of congressional powers as well as that of the judiciary.

G. Powers of Congress

1. LEGISLATIVE

a. Legislative inquiries, the oversight functions, invocation of executive privilege

Legislative Inquiries [Sec. 21] Must be conducted IN AID OF LEGISLATION" which does not necessarily mean that there is pending legislation regarding the subject of the inquiry. Hence, the materiality of a question is determined not by its connection to any pending legislation, but by its connection to the general scope of the inquiry.

If the investigation is no longer "in aid of legislation" but, "IN AID OF PROSECUTION" with the stated purpose of the investigation being, to determine the existence of violations of the law, it is beyond the scope of congressional powers.

ENFORCEMENT - Congress or local government units if they are expressly authorized to do so, has the inherent power to punish recalcitrant witnesses for CONTEMPT, and may have them INCARCERATED until such time that they agree to testify.

The exercise by Congress or by any of its committees of the power to punish contempt is based on the principle of self-preservation. As the branch of the government vested with the legislative power, independently of the judicial branch, it can assert its authority and punish contumacious acts against it. Such power is sui generis, as it attaches not to the discharge of legislative functions per se, but to the sovereign character of the legislature as one of the three independent and coordinate branches of government. Standard Chartered v. Senate. [G.R. No. 167173. December 27, 2007].

LIMITATIONS: (ADR) 1. The inquiry must be IN AID OF LEGISLATION. 2. The inquiry must be conducted in accordance with the 'DULY published rules of procedure' of the House conducting the inquiry; and 3.The rights of persons appearing in or affected by such inquiries shall be RESPECTED. e.g. The right against self-incrimination [Bernas, Commentary, p. 761, (2009)]

Oversight Functions [Sec. 22]

QUESTION HOUR Appearance of department heads before Congress to give account of their stewardship. (Bernas, Commentary, p. 769, (2009)1

Under Section 22, department heads (members of the Executive Department) cannot be compelled to appear before Congress (Legislative Department). Neither may department heads impose their appearance upon Congress. This is in line with the principle of separation of powers.

1. 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) b. Upon the request of either House

2. Written questions shall be submitted to the President of the Senate or Speaker of the House at least 3 days before the scheduled appearance of the department heads.

3. Interpellations shall not be limited to written questions, but may cover related matters.

4. The inquiry will be conducted in EXECUTIVE SESSION when: a. Required by the security of state, or public interest, and b. When the President so states in writing

QUESTION HOUR (SEC. 22.ART. VI)LEGISLATIVE INVESTIGATION (SEC.21) ART. VI)

Who may appearOnly department headsAny person

Who conducts the investigationEntire BodyEntire body or its respective committees

Subject matterMatters related to the department onlyAny matter in aid of legislation

Violation of internal procedures of Senate cannot be, as a general rule, subject to judicial supervision since each house shall determine the rules of its proceedings." The exceptions are when there is arbitrary and improvident use of power, which ultimately denies due process. Dela Paz v. Senate, [G.R. No. 184849, February 13, 2009].

Invocation of Executive Privilege

Only the President may invoke this. If it is invoked by some other person, there must be proof that he or she has Presidential authority.

The President has constitutional authority to prevent any member of the Armed Forces from testifying before a legislative inquiry by virtue of her power as commander-in-chief, and that as a consequence a military officer who defies such injunction is liable under military justice. The only way to circumvent this is by judicial order because the President may be commanded by judicial order to compel the attendance of the military officer. Final judicial orders have the force of the law of the land which the President has the duty to faithfully execute. Gudani v. Senga, [G.R. No. 170165. August 15, 2006].

When Congress exercises its power of inquiry, the only way for department heads to exempt themselves therefrom is by a valid claim of privilege. They are not exempt by the mere fact that they are department heads. Only one executive official may be exempted from this power - the President.

b. Bicameral Conference Committee [Sec. 27]

BICAMERAL CONFERENCE COMMITTEE -an extra-constitutional creation which is intended to resolve conflicts between house and Senate versions of bills. [Bernas, Commentary, p. 790. (2009)].

SCOPE OF THE BICAMERAL CONFERENCE COMMITTEE'S POWERS The Bicameral Conference Committee may: (A2R2P) 1. Adopt the Bill entirely; or 2. Amend; or3. Revise; or 4. Reconcile the House Bill and the Senate Bills; 5. Propose entirely new provisions not found in either the House Bill or the Senate Bill. (Amendments in the nature of a substitute)

LIMITATION: So long as the amendment is germane to the subject of the bill before the Committee.

In a bicameral system, bills are independently processed by both Houses of Congress. It is not unusual that the final version approved by one House differs from what has been approved by the other. The "conference committee," consisting of members nominated from both Houses, is an extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and in the House version of a bill.

Q. Can the bicameral conference committee propose an entirely new provision that is not found either in the House bill or in the Senate bill?

A. It is within the power of a conference committee to include in its report an entirely new provision that is not found either in the House bill or in the Senate bill. If the committee can propose an amendment consisting of one or two provisions, there is no reason why it cannot propose several provisions, collectively considered as an "amendment in the nature of a substitute," so long as such amendment is germane to the subject of the bills before the committee. After all, its report was not final but needed the approval of both houses of Congress to become valid as an act of the legislative department. Tolentino v. Secretary of Finance [G.R. No. 115455, August 25, 1994].

c. Limitations on Legislative Power

i.Limitations on revenue, appropriations and tariff measures

Q. What are revenue, appropriations and tariff bills?

A. Revenue bill is a bill that is specifically designed to raise money or revenue through levy. Appropriation bill is a bill the primary and specific purpose of which is to authorize the release of funds from the public treasury. Tariff bill is a bill that specifies the rates or duties to be imposed on imported articles.

Q. What are the express limitations on revenue, appropriations, and tariff measures of the Congress?

A. 1. All appropriation, revenue or tariff bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments (CONST. Art. VI, Sec. 24)

Note: The exclusivity of the prerogative of the HoR means simply that the House alone can initiate the passage of a revenue bill, such that, if the House does not initiate one, no revenue law will be passed. But once the House has approved a revenue bill and passed it on to the Senate, the senate can completely overhaul it, by amendment of parts or by amendment of substitution, and come out with one completely different from what the House approved (Tolentino v. Secretary of Finance)

2. The general appropriation law must be based on the budget prepared by the President (Const. Art. VII, Sec 22). The form, content and manner of preparation of budget shall be provided by law (Const. Art VI, Sec. 25 [1].

3. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget (Const. Art VI, Sec. 25 [1].

4. No provision or enactment shall be embraced in the general appropriations recommended by the president for the operation of the Government as specified in the budget (Const. Art. VI, Sec. 25 [2].

5. A special appropriations bill shall specify:a. Purpose for which it is intended, andb. Shall be supported by funds actually available as certified by National Treasurer, or to be raised by a corresponding revenue proposal therein (Const. Art. VI, Sec 25 [4])

6. Prohibition against transfer of appropriations (Doctrine of Augmentation)- The President, Senate President, Speaker of the House, Chief Justice of the SC, and Heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriation. (Const. Art VI. Sec.25 [5])

7. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes. (Const. Art VI. Sec.25 [6[)

8. Automatic re-appropriation- If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations law for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress (Const. Art. VI, Sec. 25 [7])

General Limitations [Sec. 26] 1. Every bill shall embrace only one (1) subject, as expressed in the title thereof, which does not have to be a complete catalogue of everything stated in the bill.

An Act creating the Videogram Regulatory Board included 30% tax on gross receipts on video transactions was held to be valid. Taxation is sufficiently related to regulation of the video industry. Tio v. Videogram Regulatory Board, P.R. No. L-75697, June 18, 1987].

2. It is sufficient that the title expressing the general subject of the bill and all the provisions of the statute are germane to such general subject. Sumulong v. COMELEC. [G.R. No. L-48609, October 10. 1941].

3. Bills passed by either House must pass three (3) readings on SEPARATE DAYS, and printed copies thereof in its final form distributed to its members 3 days before its passage.

FIRST READING - Only the title is read; the bill is passed to the proper committee

SECOND READING - Entire text is read and debates are held; 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.

EXCEPTIONS: 1. When the President certifies to the necessity of the bill's immediate enactment to meet a PUBLIC CALAMITY OR EMERGENCY, the 3 readings can be held on the same day 2. When the offices of the President and Vice-President are both vacant, the bill calling for a special election to elect a President and Vice-President is deemed certified. [Art. VII, Sec. 10].

Specific Limitations 1 No law shall be enacted increasing the Supreme Court's appellate jurisdiction without the SC's advice and concurrence. [Sec. 30] 2. No law shall be enacted granting titles of royalty or nobility. [Sec. 31]

Operative Fact Doctrine The OPERATIVE FACT DOCTRINE is a rule of equity that provides that a law produces effects until it is declared unconstitutional. As such, it must be applied as an exception to the general rule that an unconstitutional law produces no effects.

It can never be invoked to validate as constitutional an unconstitutional act. The unconstitutional law remains unconstitutional, but its effects, prior to its judicial declaration of nullity, may be left undisturbed as a matter of equity and fair play.

ii. Presidential Veto and Congressional Override

PRESIDENTIAL VETO Every bill passed by Congress shall be presented to the President before it becomes law. To approve, he shall sign it. Otherwise, he shall veto the bill. [Sec. 27(1)]

OVERRIDING A VETO If, after such reconsideration, 2/3 of all the members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by 2/3 of all the members of that House, it shall become law.

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 overridden and becomes a law without need of presidential approval. [Sec. 27 (1)]

ITEM VETO General Rule: If the President disapproves of a provision in a bill approved by congress, he must veto the entire bill.

Exception: As an exception, he is allowed in the case of (1) appropriation, (2) revenue, and (3) tariff bills to exercise item-veto. [Sec. 27 (2)]

Exceptions to the Exception:(1) DOCTRINE OF INAPPROPRIATE PROVISIONS - A provision that is constitutionally inappropriate for an appropriation bill may be subject to veto even if it is not an appropriation or revenue "item". Gonzalez v. Macaraig. Jr.. [G.R. No. 87636, November 19, 1990].

(2) EXECUTIVE IMPOUNDMENT - Refusal of the President to spend funds already allocated by Congress for a specific purpose. It is in effect, an "impoundment" of the law allocating such expenditure of funds.

NOTE: There is no doctrine for or against executive impoundment. It has not been judicially questioned.

TYPE OF BILLITEM

Revenue/tax billSubject of the tax,and tax rate imposed thereon

Appropriations billIndivisible sum dedicated to a stated purpose

VETO OF RIDER A rider is a provision that does not relate to a particular appropriation stated in the bill. Being an invalid provision under Section 25(2), the President may exercise item veto.

Bills that must originate in the House (PuP-TL) 1.Bills authorizing the increase of PUBLIC DEBT 2. PRIVATE bills 3. TARIFF bills 4. Bills of LOCAL APPLICATION jSec. 24]

BILLS OF LOCAL APPLICATION - A bill of local application, such as one asking for the CONVERSION of a municipality into a city, 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. Tolentino v. Secretary of Finance, [G.R. No. 115455, October 30. 1995].

5. REVENUE bills

REVENUE BILL - One specifically designed to raise money or revenue through imposition or levy.

e.g. Registration fees used for the construction and maintenance of highways. PAL vs. Edu, G.R. No. L-41383, August 15, 1988].

The Videogram Regulatory Board Law imposing a tax on video rentals does NOT make the law a revenue bill because the purpose is primarily regulation, and not to raise revenue.

6. APPROPRIATION bills

A bill creating a new office, and appropriating funds for it is NOT an appropriation bill.

GENERAL RULE: No money shall be paid out of the National Treasury [Sec. 29]

EXCEPTION: in pursuance of an appropriation made by law.

This rule does not prohibit continuing appropriations (e.g. for debt servicing). This is because the rule does not require yearly or annual appropriation.

SPECIAL APPROPRIATIONS BILL: (1) Must specify purpose for which it is intended; (2) Supported by funds actually available (certified by National Treasurer) OR raised by revenue proposalCannot appropriate public funds or property, directly or indirectly, in favor of [Sec. 29(2)1

a. Any sect, church, denomination, or sectarian institution, or system of religion, or b. Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPTION: if the priest, etc. is assigned to: (APOL)1. The Armed Forces2. Any penal institution 3. Government orphanage 4. Government leprosarium

SPECIAL FUNDS [Sec. 29(3)]1. Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. 2. Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government.

DISCRETIONARY FUNDS OF PARTICULAR OFFICIALS: 1. Disbursed only for public purposes 2.Should be supported by appropriate vouchers 3.Subject to guidelines as may be prescribed by law jSec. 25(6)]

Power to Tax [Sec. 28 (1)] LIMITATIONS (Code: UP DEP)

1. The rule of taxation should be UNIFORM. 2. Congress should evolve a PROGRESSIVE system of taxation. The VAT law is constitutional since progressive system of taxation is not a judicially enforceable right. Tolentino v. Secretary of Finance, p. R. 115455, August 25, 1994]. 3. The power to tax must be exercised for a PUBLIC PURPOSE because the pcwer exists for the general welfare. 4. It should be EQUITABLE. 5. The DUE PROCESS and EQUAL PROTECTION clauses of the Constitution should be observed.

CONSTITUTIONAL TAX EXEMPTION The following properties are EXEMPT from REAL PROPERTY taxes jSec. 28(3)]: Code: MACS1. MOSQUES 2. ALL LANDS, buildings and improvements ACTUALLY, DIRECTLY AND EXCLUSIVELY USED for religious, charitable, or educational purposes. 3. CHARITABLE institutions 4. CHURCHES, and parsonages or convents appurtenant thereto 5. Non-profit CEMETERIES

OTHER EXEMPTIONS UNDER ARTICLE XIV: 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 [Sec. 4(3)].

Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax, subject to conditions prescribed by law [Sec. 4(4)].

Power to Fix Rates [Sec. 28(2)]DELEGATION OF POWER TO FIX RATES -Congress may, BY LAW, authorize the President to fix the following: (TITO)1. Tariff rates 2. Import and export quotas 3. Tonnage and wharfage dues 4. Other duties and imposts within the framework of the national development program

2. NON-LEGISLATIVEa) Informing Function

The power of Congress, when it investigates, is not limited to oversight or in aid of legislation. Equally important and a fundamental power and duty of Congress is its informing function by way of investigating for the purpose of enlightening the electorate. "The informing function of Congress should be preferred even to its legislative function [for] the only really self-governing people is that people which discusses and interrogates its administration." Akbayan v. Aquino, Separate-Dissenting Opinion. Justice Azcuna, [G.R. 170516, July 16. 208].

a) Power of Impeachment [Article XI]

EXCLUSIVE POWER TO INITIATEThe House of Representatives shall have the exclusive power to initiate all cases impeachment. [Sec. 3(1)]

1) The impeachment proceedings begin with a complaint filed with the House of Representatives either by a member of the House or by any citizen supported by a resolution of endorsement by any member. The complaint is referred to a Committee which prepares a report (which can be favorable or unfavorable). In either case, the House by a vote of 1/3 of all its members decides whether complaint should be given due course. jSec. 3(2-3)]

2) Referral to the Committee and decision by the House is unnecessary if the complaint is filed by at least 1/3 of all the members of the house. [Sec 3(4)]

EXCLUSIVE POWER TO TRY AND DECIDE The Senate shall have the sole power to try and decide all cases of impeachment. No person shall be convicted without the concurrence of 2/3 of all the Members of the Senate [Sec. 3(6)] The penalty imposable shall be limited to (1) removal from office and (2) disqualification to hold any office under the Republic of the Philippine. [Sec. 3(7)]

OFFICERS SUBJECT TO IMPEACHMENT [Sec. 2] 1. President 2. Vice President 3. Members of the SC 4. Members of the Constitutional Commissions 5. Ombudsman

GROUNDS FOR IMPEACHMENT [Sec. 2] 1. Culpable violation of the constitution 2. Treason 3. Bribery 4. Graft and Corruption 5. Betrayal of Public Trust 6. Other high crimes

c) Other Non-Legislative Functions Of Congress

1. To act as national board of canvassers for President and Vice President. (Art. VII, sec. 4). 2. To decide whether the President is temporarily disabled in the event he reassumes his office after the Cabinet, by a majority of vote of its members, declares that he is unable to discharge the powers and duties of his office. (Art. VII, sec. 11). 3. To concur in the grant of amnesty by the President. (Art. VII, sec. 19). 4. To act as a constituent assembly for the revision or amendment of the Constitution. (Art. XVII).

EXECUTIVE DEPARTMENT

Executive Power it is the power to enforce and administer laws.(Sec 1 & 17)

The executive power is vested in the President. Whatever is not judicial, whatever is not legislative, is residual power exercised by the President

A. Qualifications, Term of Office, Disqualifications, Privileges, immunities, and Inhibitions:

QUALIFICATIONS OF PRESIDENT AND VICE-PRESIDENT.

Natural- born citizen of the Philippines Registered voter Able to read and write At least 40 years old on the day of election Resident of the Philippines for at least 10 years immediately preceding the election (Sec 2, Art VII)

TERM OF OFFICE

The President and the Vice President shall be elected by the people for six (6) years.

The President shall not be eligible for any re-election. NO person who has succeeded as President and has served as such for more than four (4) years shall qualified for election to the same office at any time (Sec. 4(1), Art. VII)

* In Pormento v. Estrada (G.R. No. 191988, August 31, 2010), the petition asks whether private respondent Joseph E. Estrada, who was elected President of the Republic of the Phils. in the general elections held on May 10, 2010, is covered by the ban on the President from any re-election. Estrada was not elected President the second time he ran. Since the issue on the proper interpretation of the phrase any re-election will be premised on a persons second (whether immediate or not) election as President, there is no case or controversy to be resolved in this case.

No Vice-President shall serve for more than 2 consecutive terms (Sec. 4 (2), Art. VII)

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires NOconfirmation. (Sec. 3(2), Art. VII)

DISQUALIFICATIONS

SUB