I.

GENERAL PRINCIPLES
1. POLITICAL LAW
branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.

2. POLITICAL LAW DISTINGUISHED from CONSTITUTIONAL LAW

POLITICAL LAW branch of pulic law which deals with the organization and
operation of governmental organs of the states and defines the relation of the State
with the inhabitants of its territory.
CONSTITUTIONAL LAW- study of proper maintenance of the proper
balancebetween authority as represented by the three inherent power of the State
and liberty as guaranteed by the Bill of Rights.

3. SCOPE/DIVISIONS of POLITICAL LAW

1. Constitutional Law - The study of the maintenance of the proper balance
between authority as represented by the three inherent powers of the State and
liberty as guaranteed by the Bill of Rights.

2. Administrative Law - That branch of public law which fixes the organization of
government, determines the competence of the administrative authorities who
execute the law, and indicates to the individual remedies for the violation of his
rights.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.

4. BASIS of the STUDY

1. 1987 Constitution;
2. 1973 and 1935 Constitution;
3. Other organic laws made to apply to the Phillipines (Philippines Bill of 1902,
Jones Law of 1916 and Tydings-Mcduffie Law of 1934);
4. Statues, executive orders and decrees and judicial decisions; and
U.S. Constitution.

5. THE PHILIPPINES CONSTITUTION

CONSTITUTION
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised [Cooley, Constitutional Limitations,
p. 4];

With particular reference to the Constitution of the Philippines: That

written instrument enacted by direct action of the people by which the
fundamental powers of the government are established, limited; and

Defined by which those powers are distributed among the several

departments for their safe and useful exercise for the benefit of the body
politic [Malcolm, Philippine Constitutional Law, p. 6].

6. FUNCTION of a CONSTITUTION

1. Prescribe permanent framework of a system of government;

2. Assign to several departments their repective power and duties
3. Establish certain first principle on which the government is founded

7. CLASSIFICATION
 1. WRITTEN - precept are embodied in one document/set of documents
UNWRITTEN - rules which have not been integrated into single, concrete form
but are scattered in various sources (statutes, judicial decisions, commentaries,
customs and tradition, common law principle)
2. ENACTED (CONVENTIONAL) formally struck off at a definite time and
place following a conscious or deliberate effort taken by a constituent body or
ruler.
EVOLVED (COMULATIVE) result of political evolution, changing by
accretion rather than by any systematic method.
3. RIGID amended only by formal and usually difficult process.
FLEXIBLE changed by ordinary legislation.

8. QUALITIES OF A GOOD WRITTEN CONSTITUTION

1. BROAD - Not just because it provides for the organization of the

entiregovernment and covers all persons and things within the territory of the
State but because it must be comprehensive enough to provide for every
contingency.

2. BRIEF - It must confine itself to basic principles to be implemented with

legislative details more adjustable to change and easier to amend.

3. DEFINITE - To prevent ambiguity in its provisions which could result in

confusion and divisiveness among the people.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION

1. Constitution of Liberty - The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing limitations on
the powers of government as a means of securing the enjoyment of those rights,
e.g., Art. III.

2. Constitution of Government - The series of provisions outlining the

organization of the government, enumerating its powers, laying down certain
rules relative to its administration, and defining the electorate, e.g., Arts. VI, VII,
VIII and IX.

3. Constitution of Sovereignty -The provisions pointing out the mode or

procedure in accordance with which formal changes in the fundamental law may
be brought about, e.g., Art. XVII.

9. INTERPRETATION/CONSTRUCTION OF THE CONSTITUTION

1. Verba legis - given their ordinary meaning except where technical terms are
employed.
2. Ratio legis et anima - ambiguity - intent of the framers, bearing in mind the
objects sought to be accomplished and evils sought to be prevented; doubtful
provision shall be examined in light of the history of the times and the conditions
and circumstances under which the Constitution was framed.
3. Ut magis valeat quam pereat - Constitution to be interpreted as a whole.

- Safer to construe the Constitution from what appears upon its face. If, however, the
plain meaning of the word is not found to be clear, resort to other aids is available.
- In case of doubt, consider provisions as self-executing; mandatory rather than directory;
and prospective rather than retroactive.
- Self-executing provisions: one that lays down principle is usually not self-executing.
That which is complete in itself and becomes operative without the aid ofsupplementary
or enabling legislation, or that which supplies a sufficient rule by means of which the
right it grants may be enjoyed or protected, is self-executing.
- Self-executing if the nature and extent ofthe right conferred and liability imposed are
fixed by the Constitution itself.
 - Section 26, Article II of the Constitution neither bestows a right nor elevates the
privilege to the level of an enforceable right. Like the rest of the policies enumerated in
Article II, the provision does not contain any judicially enforceable constitutional right
but merely specifies a guideline for legislative or executive action. The disregard of this
provision does not give rise to any cause of action before the courts [Pamatong v.
Comelec, G.R. No. 161872, April 13, 2004].

In Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003, the Supreme Court made
reference to the use of well- settled principles of constitutional construction, namely:

First, verba legis, that is, wherever possible, the words used in the Constitution must be given their ordinary
meaning except where technical terms are employed. Thus, in J.M. Tuason & Co., Inc. v. Land Tenure
Administration,36 this Court, speaking through Chief Justice Enrique Fernando, declared:

We look to the language of the document itself in our search for its meaning. We do not of course stop
there, but that is where we begin. It is to be assumed that the words in which constitutional
provisions are couched express the objective sought to be attained. They are to be given theirordinary
meaning except where technical terms are employed in which case the significance thus attached to
them prevails. As the Constitution is not primarily a lawyer's document, it being essential for the rule of
law to obtain that it should ever be present in the people's consciousness, its language as much as possible
should be understood in the sense they have in common use. What it says according to the text of the
provision to be construed compels acceptance and negates the power of the courts to alter it, based on the
postulate that the framers and the people mean what they say. Thus these are the cases where the need for
construction is reduced to a minimum.37 (Emphasis and underscoring supplied)

Second, where there is ambiguity, ratio legis est anima. The words of the Constitution should be interpreted in
accordance with the intent of its framers. And so did this Court apply this principle in Civil Liberties Union v.
Executive Secretary38 in this wise:

A foolproof yardstick in constitutional construction is the intention underlying the provision under
consideration. Thus, it has been held that the Court in construing a Constitution should bear in mind the
object sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or remedied.
A doubtful provision will be examined in the light of the history of the times, and the condition and
circumstances under which the Constitution was framed. The object is to ascertain the reason which
induced the framers of the Constitution to enact the particular provision and the purpose sought to
be accomplished thereby, in order to construe the whole as to make the words consonant to that
reason and calculated to effect that purpose.39 (Emphasis and underscoring supplied)

Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole. Thus, in Chiongbian v. De
Leon,42 this Court, through Chief Justice Manuel Moran declared:

x x x [T]he members of the Constitutional Convention could not have dedicated a provision of our
Constitution merely for the benefit of one person without considering that it could also affect
others. When they adopted subsection 2, they permitted, if not willed, that said provision should
function to the full extent of its substance and its terms, not by itself alone, but in conjunction with all
other provisions of that great document.43 (Emphasis and underscoring supplied)

Union Carbide Labor Union vs Union Carbide Phil. GR No. L-41314 November 13, 1992
As pointed out by Justice Isagani Cruz, to wit:

Finally, it should be observed that the provisions of the Constitution should be given only a
prospective application unless the contrary is clearly intended. Were the rule otherwise, rights
already acquired or vested might be unduly disturbed or withdrawn even in the absence of an
unmistakable intention to place them within the scope of the Constitution.

II. THE PHILIPPINES AS STATE

1. STATE defined
State - A community of persons, more or less numerous, permanently occupying
a definite portion of territory, independent of external control, and possessing a
 government to which a great body of inhabitants render habitual obedience. See:
Collector of Internal Revenue v. Campos Rueda, 42 SCRA

STATE is a legal or juristic concept; NATION is an ethnic or racial concept.

GOVERNMENT is an instrumentality of the State through which the will of the
State is implemented and realized.

2. ELEMENTS of a STATE

1. PEOPLE

INHABITANTS
Sec 2, Art. III
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things
to be seized.

CITIZEN
Sec 1, Art. II
The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.

Sec 4, Art. II
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal military or
civil service.

Sec 7, Art. II
The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
ELECTORS
Sec 4, Art. VII
The President and the Vice-President shall be elected by direct
vote of the people...

As requisite for Statehood: Adequate number for self-sufficiency and defense; of both sexes
for perpetuity.

2. TERRITORY

a. The National Territory

The 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
[Sec. 1, Art. 1]

b. TREATY LIMITS
 c. THE ARCHEPELAGO THEORY/ ARCHIPELAGIC DOCTRINE

ARCHIPELAGO DOCTRINE:
The waters around, between and connectingthe islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines 2nd sentence,
Sec. 1, Art II

d. UNCLOS

Settlement of Disputes arising from the UN Convention on the Law

of the Sea (UNCLOS). Part XV of the 1982 UN Convention on the
Law of the Sea requires States to settle peacefully any dispute
concerning the Convention. Failing a bilateral settlement, Art. 286
provides that any dispute shall be submitted for compulsory
settlement to one of the tribunals having jurisdiction. These include
the International Tribunal for the Law of the Sea (ITLOS), the
International Court of Justice, and arbitral or special arbitral
tribunals constituted under the UNCLOS.

e. REGALIAN THEORY (Dominium/Imperium)

The Regalian Doctrine (Jura Regalia). The universal feudal

theory that all lands were held from the Crown [Carino v. Insular
Government (1909)].
Regalian Doctrine - all agricultural, timber and mineral lands are
subject to the dominion of the State.
Dominium - lands held by the State in its proprietary character. It may
provide for the exploitation and use of lands and other natural resources,
including their disposition, except as limited by the Constitution.

Imperium - government authority possessed by the State, embraced in

sovereignty and its capacity to own and acquire property.

Dominium capacity to acquire or own property.

Imperium authority possessed by the State embraced in the
concept of sovereignty.

3. GOVERNMENT: Government of the Philippine Islands

Functions of the Government

Constituent mandatory for the Government to perform because they

constitute the very bonds of society
Ministrant intended to promote the welfare, progress and prosperity of
the people and which are merely optional for Government to perform.

Doctrine of Parens Patriae : parents of the people - the Government may

act as guardian of the rights of the people who may be disadvantaged or
suffering from some disability or misfortune.

Presidential separation of executive and legislative powers.

Parliamentary fusion of both executive and legislative in Parliament;
actual exercise of executive powers is vested in a Prime Minister who is
chosen by, and accountable to the Parliament.

UNITARY VS. FEDERAL government - A unitary government is asingle,

centralized government, exercising powers over both the internal and external
affairs of the State; while a federal government consists of autonomous state
(local) government units merged into a single State, with the national government
 exercising a limited degree of power over the domestic affairs but generally full
direction of the external affairs of the State.

Political Question vs. Justiciable Question

A PURELY JUSTICIABLE QUESTION implies a given right, legally

demandable and enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law for said breach of right.

POLITICAL QUESTION is a question of policy. It refers to those

questions which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority
has been delegated to the legislative or executive branch of government. It
is concerned with issues dependent upon wisdom, not legality of particular
measure.

4. SOVEREIGNTY
Defined: The supreme and uncontrollable power inherent in aState by
which that State is governed.
Legal power to issue final commands.
Political sum total of all the influences which lie behind the law.

Internal supreme power over everything within the territory.

External/Independence freedom from external control

Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility

Effects of Change in Sovereignty:

Political laws are abrogated; municipal laws remain in force

Effects of Belligerent Occupation:

No change in sovereignty.
Political laws, except the law on treason, are suspended;
Municipal laws remain in force unless repealed by belligerent occupant;
At the end of belligerent occupation, political laws shall automatically
become effective again (doctrine of jus
postliminium)

Dominium capacity to acquire or own property

Imperium authority possessed by the

State embraced in the concept of sovereignty

People vs. Gozo, 53 SCRA 476 Political Law Sovereignty

Loreta Gozo bought a house and lot which was located inside the US
Naval Reservation which is within the territorial jurisdiction of Olongapo
City. Upon the advice of an assistant in the Mayors Office and some
neighbors, she demolished the house standing thereon without acquiring
the necessary permits and then later on erected another house. She was
then charged by the City Engineers Office for violating a municipal
order which requires her to secure permits for any demolition and/or
construction within the City. She was convicted in violation thereof by the
lower court. She appealed and countered that the City of Olongapo has no
administrative jurisdiction over the said lot because it is within a Naval
Base of a foreign country.

ISSUE: Is the Municipal Ordinance enforceable within the US Naval

Base?

HELD: Yes. The Philippine Government has not abdicated its sovereignty
over the bases as part of the Philippine territory or divested itself
completely of jurisdiction over offenses committed therein. Under the
terms of the treaty, the United States Government has prior or preferential
but not exclusive jurisdiction of such offenses. The Philippine
Government retains not only jurisdictional rights not granted, but also all
such ceded rights as the United States Military authorities for reasons of
their own decline to make use of (Military Bases Agreement). Hence, in
the exercise of its sovereignty, the State through the City of Olongapo
does have administrative jurisdiction over the lot located within the US
Naval Base.

Jurisdiction

Territorial: power of the State over persons and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic representatives and consuls to
a certain degree;
(2) Foreign state property, including embassies, consulates and public
vessels engaged in non-commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
(5) Foreign armies passing through or stationed in its territory with its
permission; and
(6) Other persons or property, including organizations like the UN, over
which it may, by agreement, waive jurisdiction.

Extraterritorial: power exercised by the State beyond its territory,

example:
(1) Assertion of its personal jurisdiction over its nationals abroad or the
exercise of its right to punish offenses committed outside its territory
against its national interests even if the offenders are nonresident aliens;
(2) By virtue of its relations with other states/territories (as when it
establishes a colonial protectorate or a condominium or administers a trust
territory or occupies enemy territory in the course of war);
(3) Local state waives jurisdiction over persons and things within its
territory;
(4) Principle of extraterritoriality
(5) Enjoyment of easements or servitudes (easement of innocent passage
or arrival under stress)
(6) Exercise of jurisdiction by the state in the high seas over its vessels,
over pirates, in the exercise of the right to visit and search, and under
doctrine or hot pursuit;
(7) Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal, immigration
or sanitary regulations.
 Reagan vs. CIR, 30 SCRA 968 Political Law Sovereignty

William Reagan is a US citizen assigned at Clark Air Base to help provide

technical assistance to the US Air Force (USAF). In April 1960 Reagan
imported a 1960 Cadillac car valued at $6,443.83. Two months later, he
got permission to sell the same car provided that he would sell the car to a
US citizen or a member of the USAF. He sold it to Willie Johnson, Jr. for
$6,600.00 as shown by a Bill of Sale. The sale took place within Clark Air
Base. As a result of this transaction, the Commissioner of Internal
Revenue calculated the net taxable income of Reagan to be at P17,912.34
and that his income tax would be P2,797.00. Reagan paid the assessed tax
but at the same time he sought for a refund because he claims that he is
exempt. Reagan claims that the sale took place in foreign soil since
Clark Air Base, in legal contemplation is a base outside the Philippines.
Reagan also cited that under the Military Bases Agreement, he, by nature
of his employment, is exempt from Philippine taxation.

ISSUE: Is the sale considered done in a foreign soil not subject to

Philippine income tax?

HELD: No. The Philippines is independent and sovereign, its authority

may be exercised over its entire domain. There is no portion thereof that is
beyond its power. Within its limits, its decrees are supreme, its commands
paramount. Its laws govern therein, and everyone to whom it applies must
submit to its terms. That is the extent of its jurisdiction, both territorial and
personal. On the other hand, there is nothing in the Military Bases
Agreement that lends support to Reagans assertion. The Base has not
become foreign soil or territory. This countrys jurisdictional rights
therein, certainly not excluding the power to tax, have been preserved, the
Philippines merely consents that the US exercise jurisdiction in certain
cases this is just a matter of comity, courtesy and expediency. It is
likewise noted that he indeed is employed by the USAF and his income is
derived from US source but the income derived from the sale is not of US
source hence taxable.

III. STATE IMMUNITY FROM SUIT

1. The State cannot be sued without its consent [Sec. 3, Art. XVI].

2. Scope of consent: consent to be sued does not include consent to the execution of
judgment against it. Such execution will require another waiver.

Royal Prerogative of Dishonesty.

There can be no legal right against the authority which makes thelaw 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 of Dishonesty.

Par in parem non habet imperium:

Immunity is enjoyed by other States. The Head of the State, who is deemed the
personification of the State, is inviolable and enjoys immunity.

Test to Determine if Suit is Against the State:

Whether it requires an affirmative act from the state.
 3. Suit against Government Agencies

INCORPORATED if the charter provides that the agency can sue and be sued,
then suit will lie, including one for tort. The provision in the charter constitutes
express consent on the part of the State to be sued.
Municipal corporations, agencies of the state when they are engaged in
governmental functions and should enjoy sovereign immunity from suit. They
are subject to suit even in the performance of such functions because their
respective charters provide that they can sue and be sued. (Section 22 LGC)

UNINCORPORATED inquire into the principal functions of the agency.

If governmental: no suit without consent;
If proprietary: suit will lie, because when
the State engages in principally proprietary
functions, then it descends to the level of a
private individual, and may therefore be
vulnerable to suit.
4. Suit Against Public Officers:

The doctrine of state immunity also applies to complaints filed against officials of
the State for acts performed by them in the discharge of their duties within the
scope of their authority.

Exceptions: (may be sued without prior consent from State)

1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed to be unconstitutional;
3. to compel the payment of damages from an already appropriated assurance
fund or to refund tax over-payments from a fund already available for the
purpose;
4. to secure a judgment that the officer impleaded may satisfy by himself without
the State having to do a positive act to assist him;
5. where government itself has violated its own laws, because the doctrine of state
immunity cannot be used to perpetrate an injustice

Where a public officer has committed an ultra vires act, or there is a showing of
bad faith, malice or gross negligence, then the officer can be held personally
accountable.

In order that suit may lie against the state, there must be consent. Where no
consent is shown, state immunity from suit may be invoked as a defense by the
courts sua sponte at any stage of the proceedings.

Express consent: general law or speciallaw

Implied consent
1. state commences a litigation
2. state enters into a business contract

Scope of consent: consent to be sued does not include consent to the execution of
judgment against it. Such execution will require another waiver.

Suability is not equated with outright liability. Liability will have to be

determined by the court on the basis of the evidence and the applicable law.

VI. PRINCIPLES AND STATE POLICIES

Inherent powers of the State

1. Police Power
2. Eminent Domain
3. Power of Taxation
Similarities
1. inherent in the state, without need of express constitutional grant
 2. necessary and indispensable
3. methods by which the state interferes with private property
4. presupposes equivalent compensation
5. exercised primarily by legislature

Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only property rights
2. Police power and taxation are exercised only by government
Eminent domain may be exercised by private entities
3. Property taken in police power is usually noxious or intended for noxious purposes and
may be destroyed
In eminent domain and taxation, the property is wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible, altruistic feeling that the individual
has contributed to the public good;
In eminent domain, it is the full and fair equivalent of the property taken;
In taxation, it is the protection given and/or public improvements instituted by
government for taxes paid.

Limitations
1. Bill of Rights
2. Courts may annul improvident exercise
of police power

A. Preamble
a) Does not confer rights nor impose duties
b) Indicates authorship of the Constitution
c) Enumerates the primary aims and aspirations of the framers
d) Serves as an aid in the construction of the Constitution

B. Republicanism [Sec. 1. Art. II: The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from them].

Essential features
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
To prevent concentration of authority in one person or group of persons
that might lead to an irreversible error or abuse in its exercise to the
detriment of republican institutions.
Principle of Blending of Powers
Instances when powers are not confined exclusively within one
department but are assigned to or shared by several departments.
Principle of Checks and Balances
This allows one department to resist encroachments upon its prerogatives
or to rectify mistakes or excesses committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the exercise of the power may be justified
under this doctrine, that the grant of an express power carries with it all
other powers that may be reasonably inferred from it.

A purely justiciable question implies a given right, legally demandable and

enforceable, an act or omission violative of such right, and a remedy granted and
sanctioned by law for said breach of right.
 Political question is a question of policy. It refers to those questions which,
under the Constitution, are to be decided by the people in their sovereign capacity,
or in regard to which full discretionary authority has been delegated to the
legislative or executive branch of government. It is concerned with issues
dependent upon wisdom, not legality of particular measure.

Delegation of powers
Potestas delegate non potest delegare
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.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of war or national emergency)
(3) Delegation to the people specific provisions where the people have reserved
to themselves the function of legislation
Referendum:
power of the electorate to approve or reject legislation through an election
called for the purpose; referendum on statutes and referendum on local
law
Plebiscite:
electoral process by which an initiative on the Constitution is approved or
rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
(1) Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the delegates
authority by defining the legislative policy and indicting the circumstances under
which it is up be pursued and effected; the standards usually indicated in the law
delegating legislative power.

The Incorporation Clause (Sec. 2. Art. II)

The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land,
and adheres to the police of peace, equality, justice, freedom, cooperation and
amity with all nations.
Independent foreign policy and nuclearfree Philippines
Expiration of Bases Agreement
Renunciation of War
(1) Covenant of the League of Nations
(2) Kellogg-Briad Pact of 1928
(3) Charter of the United Nations

Doctrine of Incorporation
Our courts have applied the rules of international law in a number of cases even
of such rules had not previously been subject of statutory enactments, because
these generally accepted principles of international law are automatically part of
our own laws.

The phrase generally accepted principles of international law refers to norms of

general or customary international law which are binding on all states, e.g., renunciation
of war as an instrument of national policy, sovereign immunity, a persons right to life,
liberty and due process, and pacta sunt servanda [Pharmaceutical and Health Care
Association of the Philippines v. Duque, G.R. No. 173034, October 9, 2007],

Civilian Supremacy (Sec. 3. Art II)

 Civilian authority is, at all times supreme over the military. The AFP is the protector of
the people and the State. Its goal is to secure the sovereignty of the State and integrity of
the national territory.

Duty of Government (Sec. 4. Art II); people to defend the State

-The prime duty of the Government is to serve and protect the people.
(Sec. 4. Art II)-The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by law, to
render personal military or civil service.
(Sec. 5. Art II)-The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.

Right to Bear Arms: statutory, not constitutional right.

Separation of Church and State (Sec. 6, Art II)

-Freedom of religion clause (Sec. 5, Art III)
-Religious sect cannot be registered as political party (Sec. 2 (5), Art IX-C)
-No sectoral representative from the religious sector (Sec. 5 (2), Art VI)
-Prohibition against appropriation for sectarian benefit (Sec. 29 (2), Art VI)
Exceptions:
(1) Section 28(3), Article 6: Exemption from taxation
(2) Section 29(2), Article 6: Prohibition against sectarian benefit, except when priest is
assigned to the armed forces or to any penal institution or government orphanage or
leprosarium.
(3) Section 3(3), Article 14: Optional religious instruction for public elementary and high
school studies.
(4) Section 4(2), Article 14: Filipino ownership requirement to educational institutions,
except those established by groups and mission boards.

Independent Foreign Policy and Nuclearfree Philippines (Sec. 7 & 8, Art II)
(Sec. 7, Art II)-State shall pursue an independent foreign policy. In relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest and the right to selfdetermination.
(Sec. 8, Art II)-The Philippines consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.

In Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002, the Supreme Court said that
these provisions, along with Sec. 2, Art. II, Sec. 21, Art. VII, and Sec. 26, Art. XVIII, betray a
marked antipathy towards foreign military presence in the country, or of foreign influence in
general.

Just and dynamic social order (Sec. 9, Art II)

State shall promote a just and dynamic social order that will ensure prosperity and
independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living and an
improved quality of life for all.

CALALANG vs. WILLIAMS 70 PHIL 726

Facts:
In pursuance of Commonwealth Act 548 which mandates the Director of Public Works,
with the approval of the Secretary of Public Works and Communications, shall
promulgate the necessary rules and regulations to regulate and control the use of and
traffic on such roads and streets to promote safe transit upon, and avoid obstructions on,
roads and streets designated as national roads, the Director of Public Works adopted the
resolution of the National Traffic Commission, prohibiting the passing of animal drawn
vehicles in certainstreets in Manila. Petitioner questioned this as it constitutes an undue
delegation of legislative power.

Issues:
 Whether or not there is a undue delegation of legislative power?

Ruling:
There is no undue delegation of legislative power. Commonwealth Act 548 does not
confer legislative powers to the Director of Public Works. The authority conferred upon
them and under which they promulgated the rules and regulations now complained of is
not to determine what public policy demands but merely to carry out the legislative
policy laid down by the National Assembly in said Act, to wit, to promote safe transit
upon and avoid obstructions on, roads and streets designated as national roads by acts of
the National Assembly or by executive orders of the President of the Philippines and to
close them temporarily to any or all classes of traffic whenever the condition of the road
or the traffic makes such action necessary or advisable in the public convenience and
interest.

The delegated power, if at all, therefore, is not the determination of what the law shall be,
but merely the ascertainment of the facts and circumstances upon which the application
of said law is to be predicated.

To promulgate rules and regulations on the use of national roads and to determine when
and how long a national road should be closed to traffic, in view of the condition of the
road or the traffic thereon and the requirements of public convenience and interest, is an
administrative function which cannot be directly discharged by the National Assembly.
It must depend on the discretion of some other government official to whom is confided
the duty of determining whether the proper occasion exists for executing the law. But it
cannot be said that the exercise of such discretion is the making of the law.

Promotion of Social Justice (Sec. 10, Art II)

Promote social justice in all phases of national development.

Respect for human dignity and human rights (Sec. 11, Art II)
State values the dignity of every human person and guarantees full respect for human
rights.

Family and Youth (Sec. 12&13, Art II)

(Sec. 12, Art II)-The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive support of the Government.
(Sec. 13, Art II)-The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual and social well-
being. It shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.

Cabanas vs. Pilapil, 58 SCRA 94 Political Law Parens Patriae

Strengthening the Family

Florentino Pilapil insured himself and he indicated in his insurance plan that his
child will be his beneficiary. He also indicated that if upon his death the child is
still a minor; the proceeds of his benefits shall be administered by his brother,
Francisco Pilapil. The child was only ten years of age when Florentino died and
so Francisco then took charge of Florentinos insurance proceeds for the benefit
of the child.

On the other hand, the mother of the child Melchora Cabanas filed a complaint
seeking the delivery of the insurance proceeds in favor and for her to be declared
as the childs trustee. Francisco asserted the terms of the insurance policy and
that as a private contract its terms and obligations must be binding only to the
parties and intended beneficiaries.

ISSUE: Whether or not the state may interfere by virtue of parens patriae to
the terms of the insurance policy.

HELD: Yes. The Constitution provides for the strengthening of the family as the
basic social unit, and that whenever any member thereof such as in the case at bar
 would be prejudiced and his interest be affected then the judiciary if a litigation
has been filed should resolve that case according to the best interest of that
person. The uncle here should not be the trustee, it should be the mother as she
was the immediate relative of the minor child and it is assumed that the mother
shall show more care towards the child than the uncle will. The application
of parens patriae here is in consonance with this countrys tradition of favoring
conflicts in favor of the family hence preference to the parent (mother) is
observed.

Fundamental equality of men and women (Sec. 14, Art II)

State recognizes the role of women in nation-building and shall ensure the fundamental
equality before the law of men and women.

Promotion of health and ecology (Sec. 15&16, Art II)

(Sec. 15, Art II)-State shall protect and promote the right to health of the people and
instill health consciousness among them.
(Sec. 16, Art II)-The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

In Philippine Telegraph and Telephone Co. v. National Labor Relations

Commission, G.R. No. 118978, May 23, 1997, the Supreme Court held that the
petitioners policy of not accepting or considering as disqualified from work any
woman worker who contracts marriage, runs afoul of the test of, and the right
against, discrimination, which is guaranteed all women workers under the
Constitution. While a requirement that a woman employee must remain
unmarried may be justified as a bona fide occupational qualification where the
particular requirements of the job would demand the same, discrimination against
married women cannot be adopted by the employer as a general principle.

Priority to education, science, technology, etc. (Sec. 17, Art. II)

State shall give priority to education, science and technology, arts, culture and sports, to
foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.

In Philippine Merchant Marine School, Inc. v. Court of Appeals, 244

SCRA770, the Court said that the requirement that a school must first obtain
government authorization before operating is based on the State policy that
educational programs and/or operations shall be of good quality and, therefore,
shall at least satisfy minimum standards with respect to curricula, teaching staff,
physical plant and facilities and administrative and management viability. [See
discussion on Academic freedom, infra.] See also Villarv. TIP, 135 SCRA 706;
Tablarin v. Gutierrez, 152 SCRA 730.
However, in Guingona v. Carague, 196 SCRA 221, and in Philconsa v.Enriquez,
supra., it was held that Sec. 5, Art. XIV, which provides for the highest budgetary
priority to education, is merely directory; the hands of Congress cannot be so
hamstrung as to deprive it of the power to respond to the imperatives of national
interest and the attainment of other state policies and objectives.

Protection to Labor (Sec. 18, Art. II)

State affirms labor as a primary social economic force. It shall protect the rights or
workers and promote their welfare.

In JMM Promotion and Management v. Court of Appeals, 260 SCRA 319, the
Supreme Court said that obviously, protection to labor does not indicate
promotion of employment alone. Under the welfare and social justice provisions
of the Constitution, the promotion of full employment, while desirable, cannot
take a backseat to the governments constitutional duty to provide mechanisms
for the protection of our workforce, local or overseas. As explained in Philippine
Association of Service Exporters v. Drilon, 163 SCRA 386, in reference to the
recurring problems faced by our overseas workers, what concerns the
 Constitution more paramountly is that such an employment be above all, decent,
just and humane. It is bad enough that the country has to send its sons and
daughters to strange lands, because it cannot satisfy their employment needs at
home. Under these circumstances, the Government is duty bound to provide them
adequate protection, personally and economically, while away from home.

In Bernardo v. NLRC, G.R. No. 122917, July 12, 1999, the Supreme Courtheld
that the Magna Carta for Disabled Persons mandates that qualified disabled
persons be granted the same terms and conditions of employment as qualified
able-bodied employees; thus, once they have attained the status of regular
workers, they should be accorded all the benefits granted by law, notwithstanding
written or verbal contracts to the contrary. This treatment is rooted not merely in
charity or accommodation, but in justice for all.

Self-reliant and independent economic order (Sec. 19&20, Art. II)

(Sec. 19, Art. II)-State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
(Sec. 20, Art. II)-The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provide incentives to needed investments.

In Tanada v. Angara, 272 SCRA 18, it was held that the World
TradeOrganization (WTO) agreement does not violate Sec. 19, Art. II, nor Secs.
10 and 12, Art. XII, because the said sections should be read and understood in
relation to Secs. 1 and 13, Art. XII, which require the pursuit of a trade policy
that serves the general welfare and utilizes all forms and arrangements of
exchange on the basis of equality and reciprocity. The provisions of Art. II are
not intended to be self-executing principles ready for enforcement through the
courts. They do not embody judicially enforceable rights, but guidelines for
legislation. The reasons for denying cause of action to an alleged infringement of
broad constitutional principles are sourced from basic considerations of due
process and lack of judicial authority to wade into the uncharted ocean of social
and economic policy-making.

Land reform (Sec. 21, Art. II)

State shall promote comprehensive rural development and agrarian reform.

Indigenous cultural communities (Sec. 22, Art. II)

State recognizes and promotes the right of indigenous cultural communities within the
framework of national unity and development.

Independent peoples organizations (Sec. 23, Art. II)

State shall encourage non-governmental, community-based, or sectoral organizations that
promote the welfare of the nation.

Communication and information in nationbuilding (Sec. 24, Art. II)

State recognizes the vital role of communication and information in nationbuilding.

Autonomy of local governments (Sec. 25, Art. II)

-State shall ensure the autonomy of localgovernments.
-Decentralization and does not make the local governments sovereign within the State or
an imperium in imperio.
-Decentralization of administration: delegation of administrative powers to the LGU in
order to broaden the base of governmental powers.
-Decentralization of power: abdication by the national government of governmental
powers.

In Limbonas v. Mangelin, 170 SCRA 786, the Court distinguishedbetween

decentralization of administration and decentralization of power. The latter is
abdication by the national government of governmental powers; while the former
is merely delegation of administrative powers to the local government unit in
order to broaden the base of governmental powers. 2
 In Lina v. Pano, G.R. No. 129093, August 30, 2001, theSupreme Court said that
the basic relationship between the national legislature and the local government
units has not been enfeebled by the new provisions in the Constitution
strengthening the policy of local autonomy. Without meaning to detract from that
policy, Congress retains control of the local government units although in a
significantly reduced degree now than under our previous Constitutions. The
power to create still includes the power to destroy. The power to grant still
includes the power to withhold or recall. True there are notable innovations in the
Constitution, like the direct conferment on local government units of the power
to tax [Sec. 5, Art. X], which cannot now be withdrawn by mere statute. By and
large, however, the national legislature is still the principal of local government
units, which cannot defy its will or modify or violate it. Ours is still a unitary
form of government, not a federal state. Being so, any form of autonomy granted
to local governments will necessarily be limited and confined within the extent
allowed by the central authority.
3.Thus, even as we recognize that the Constitution guarantees autonomyto local
government units, the exercise of local autonomy remains subject to the power of
control by Congress and the power of general supervision by the President
[Judge Dadole v. Commission on Audit, G.R. No. 125350, December 3, 2002].

Equal access of opportunities for public service (Sec. 26, Art. II)
State shall guarantee equal access of opportunities for public service and prohibit political
dynasties as may be defined by law.

In Pamatong v. Comelec, G.R. No. 161872, April 13, 2004, the SupremeCourt
said that this provision does not bestow a right to seek the Presidency; it does not
contain a judicially enforceable constitutional right and merely specifies a
guideline for legislative action. The provision is not intended to compel the State
to enact positive measures that would accommodate as many as possible into
public office. The privilege may be subjected to limitations. One such valid
limitation is the provision of the Omnibus Election Code on nuisance candidates.

Honest public service and full public disclosure (Sec. 27, Art. II)
(Sec. 27, Art. II)-State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
(Sec. 28, Art. II)-State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.

V. SEPARATION OF POWERS

A. The Legislative Power (Sec 1, Art. VI)

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

B. The Executive Power (Sec 1, Art. VII)

The executive power shall be vested in the President of the Philippines.

C. The Judiciary Power (Sec 1, Art. VIII)

The judicial power shall be vested in one Supreme Court and in such lower court
as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

DOCTRINE OF SEPARATION OF POWERS. A basic postulate that forbids one

branch of government to exercise powers belonging to another co-equal branch; or for
one branch to interfere with the others performance of its constitutionally-assigned
functions. [Velasco, Jr., concurring op., Neri v. Senate Committee on Accountability of
Public Officers and Investigations, GR 180643, Mar. 25, 2007].
DOCTRINE OF POLITICAL QUESTION. [The] well-settled doctrine that political
questions are not within the province of the judiciary, except to the extent that power to
deal with such questions has been conferred upon the courts by express constitutional or
statutory provisions. [Taada v. Cuenco, GR L-10520, Feb. 28, 1957].

PRINCIPLE OF BLENDING OF POWERS. Instances when powers are notconfined

exclusively within one department but are assigned to or shared by several departments,
e.g., enactment of general appropriations law.

PRINCIPLE OF CHECKS AND BALANCES. This allows one department to resist

encroachments upon its prerogatives or to rectify mistakes or excesses committed by the
other departments, e.g., veto power of the President as check on improvident legislation,
etc..

148 SCRA 208 Political Law Transfer of Funds Power

of the President to Realign Funds
Demetrio Demetria et al as taxpayers and members of the Batasan Pambansa
sought to prohibit Manuel Alba, then Minister of the Budget, from disbursing
funds pursuant to Presidential Decree No. 1177 or the Budget Reform Decree of
1977. Demetria assailed the constitutionality of paragraph 1, Section 44 of the
said PD. This Section provides that:
The President shall have the authority to transfer any fund, appropriated for the
different departments, bureaus, offices and agencies of the Executive
Department, which are included in the General Appropriations Act, to any
program, project or activity of any department, bureau, or office included in the
General Appropriations Act or approved after its enactment.
Demetria averred that this is unconstitutional for it violates the 1973
Constitution.
ISSUE: Whether or not Paragraph 1, Section 44, of PD 1177 is constitutional.
HELD: No. The Constitution provides that no law shall be passed authorizing
any transfer of appropriations, however, the President, the Prime Minister, the
Speaker, the Chief Justice of the Supreme Court, and the heads of constitutional
commissions may by law be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their
respective appropriations.
However, paragraph 1 of Section 44 of PD 1177 unduly overextends the privilege
granted under the Constitution. It empowers the President to indiscriminately
transfer funds from one department, bureau, office or agency of the Executive
Department to any program, project or activity of any department, bureau or
office included in the General Appropriations Act or approved after its
enactment, without regard as to whether or not the funds to be transferred are
actually savings in the item from which the same are to be taken, or whether or
not the transfer is for the purpose of augmenting the item to which said transfer is
to be made. It does not only completely disregard the standards set in the
fundamental law, thereby amounting to an undue delegation of legislative
powers, but likewise goes beyond the tenor thereof. Indeed, such constitutional
infirmities render the provision in question null and void.
But it should be noted, transfers of savings within one department from one item
to another in the GAA may be allowed by law in the interest of expediency and
efficiency. There is no transfer from one department to another here.

63 Phil. 139 Political Law Judicial Review Electoral Commission

In the elections of Sept 17, 1935, Angara, and the respondents, Pedro Ynsua et al.
were candidates voted for the position of member of the National Assembly for
the first district of the Province of Tayabas. On Oct 7, 1935, Angara was
proclaimed as member-elect of the NA for the said district. On November 15,
1935, he took his oath of office. On Dec 3, 1935, the NA in session assembled,
passed Resolution No. 8 confirming the election of the members of the National
Assembly against whom no protest had thus far been filed. On Dec 8, 1935,
Ynsua, filed before the Electoral Commission a Motion of Protest against the
election of Angara. On Dec 9, 1935, the EC adopted a resolution, par. 6 of which
fixed said date as the last day for the filing of protests against the election, returns
and qualifications of members of the NA, notwithstanding the previous
confirmation made by the NA. Angara filed a Motion to Dismiss arguing that by
virtue of the NA proclamation, Ynsua can no longer protest. Ynsua argued back
by claiming that EC proclamation governs and that the EC can take cognizance
of the election protest and that the EC cannot be subject to a writ of prohibition
from the SC.

ISSUES: Whether or not the SC has jurisdiction over such matter.

Whether or not EC acted without or in excess of jurisdiction in taking cognizance

of the election protest.

HELD: The SC ruled in favor of Angara. The SC emphasized that in cases of

conflict between the several departments and among the agencies thereof, the
judiciary, with the SC as the final arbiter, is the only constitutional mechanism
devised finally to resolve the conflict and allocate constitutional boundaries.

That judicial supremacy is but the power of judicial review in actual and
appropriate cases and controversies, and is the power and duty to see that no one
branch or agency of the government transcends the Constitution, which is the
source of all authority.

That the Electoral Commission is an independent constitutional creation with

specific powers and functions to execute and perform, closer for purposes of
classification to the legislative than to any of the other two departments of the
government.

That the Electoral Commission is the sole judge of all contests relating to the
election, returns and qualifications of members of the National Assembly.

39 SCRA 106 Political Law Separation of Powers

Judge Catalino Macaraig, Jr. took his oath as Judge of the CFI of Laguna and San
Pablo City on June 29, 1970. The court, being one of the 112 newly created CFI
branches, had to be organized from scratch. From July 1, 1970 to February 28,
1971, Macaraig was not able to assume the duties and functions of a judge due to
the fact that his Court Room can not be properly established due to problems as
to location and as to appropriations to make his Court up and running. When
Macaraig realized that it would be some time before he could actually preside
over his court, he applied for an extended leave (during the 16 years he had
worked in the Department of Justice, he had, due to pressure of duties, never
gone on extended leave, resulting in his forfeiting all the leave benefits he had
earned beyond the maximum ten months allowed by the law). The Secretary of
Justice, however, convinced Macaraig to forego his leave and instead to assist the
Secretary, without being extended a formal detail, whenever he was not busy
attending to the needs of his court.

Paz Garcia on the other hand filed a complaint alleging that Macaraig is
incompetent, dishonest and has acted in violation of his oath as a judge. Garcia
said that Macaraig has not submitted the progress of his Courts as required by
law. And that Macaraig has received salaries as a judge while he is fully aware
that he has not been performing the duties of a judge. Also questioned was the
fact that a member of the judiciary is helping the the DOJ, a department of the
executive oi charge of prosecution of cases.
 ISSUE: Whether or not Macaraig has acted with incompetence and dishonesty as
Judge.

HELD: No. Macaraigs inability to perform his judicial duties under the
circumstances mentioned above does not constitute incompetence. Macaraig was,
like every lawyer who gets his first appointment to the bench, eager to assume
his judicial duties and rid himself of the stigma of being a judge without a sala,
but forces and circumstances beyond his control prevented him from discharging
his judicial duties.

On the other hand, none of these is to be taken as meaning that the Court looks
with favor at the practice of long standing, to be sure, of judges being detailed in
the DOJ to assist the Secretary even if it were only in connection with his work
of exercising administrative authority over the courts. The line between what a
judge may do and what he may not do in collaborating or working with other
offices or officers under the other great departments of the government must
always be kept clear and jealously observed, lest the principle of separation of
powers on which our government rests by mandate of the people thru the
Constitution be gradually eroded by practices purportedly motivated by good
intentions in the interest of the public service.

The fundamental advantages and the necessity of the independence of said three
departments from each other, limited only by the specific constitutional precepts
on check and balance between and among them, have long been acknowledged
as more paramount than the serving of any temporary or passing governmental
conveniences or exigencies. It is thus of grave importance to the judiciary under
our present constitutional scheme of government that no judge of even the lowest
court in this Republic should place himself in a position where his actuations on
matters submitted to him for action or resolution would be subject to review and
prior approval and, worst still, reversal, before they can have legal effect, by any
authority other than the Court of Appeals or the Supreme Court, as the case may
be. Needless to say, the Court feels very strongly that it is best that this practice
is discontinued.

VI. DELAGATION OF LEGISLATIVE POWERS

Delegation of powers:
-Potestas delegate non potest delegare
-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.

Permissible delegation:
(1) Tariff powers to the president
as specifically provided in Sec. 28(2), Art. VI: The Congress
may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the
framework of the national development program of the
Government.

(2) Emergency powers to the president (in times of war or national

emergency)

as provided in Sec. 23(2), Art. VI: In times of war or other

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

(3) Delegation to the people

specific provisions where the people have reserved to themselves the
function of legislation
(Sec. 32, Art. VI; Sec. 10, Art. X; Sec. 2, Art. XVII; Republic
Act 6735). See: People v. Vera, 65 Phil 56, which was decided
under the 1935 Constitution, where the Supreme Court said
that courts have sustained the delegation of legislative power
to the people at large. Under the 1987 Constitution, there are
specific provisions where the people have reserved to
themselves the function of legislation.

Referendum:
power of the electorate to approve or reject legislation through an election
called for the purpose; referendum on statutes and referendum on local
law
Plebiscite:
electoral process by which an initiative on the Constitution is approved or
rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
(1) Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the delegates
authority by defining the legislative policy and indicting the circumstances under
which it is up be pursued and effected; the standards usually indicated in the law
delegating legislative power.

Delegation to Administrative Bodies

The power of subordinate legislation In Conference of Maritime Manning Agencies,

Inc., v. POEA, 243 SCRA 666, POEA Governing Board Resolution No. 01-94, increasing
and adjusting the rates of compensation and other benefits in the Standard Employment
Contract for Seafarers, was held to be a valid exercise of delegated legislative authority,
inasmuch as it conforms to the sufficient and valid standard of fair and equitable
employment practices prescribed in E.O. 797. In Osmena v. Orbos, supra., it was held that
there was no undue delegation of legislative power in the authority granted by legislature to
the Energy Regulatory Board to impose additional amounts to augment the resources of the
Oil Price Stabilization Fund. See also: Tablarin v. Gutierrez, 152 SCRA 730; Eastern
Shipping v. POEA, 166 SCRA 533. But in Kilusang Mayo Uno Labor Center v. Garcia,
supra., the authority given by LTFRB to provincial bus operators to set a fare range over and
above the existing authorized fare was held to be illegal for being an undue delegation of
power.

Delegation To Local Government Units (See: R.A. 7160).

Such legislation (by local governments) is not regarded as a transfer of general legislative
power, but rather as the grant of the authority to prescribe local regulations, according to
immemorial practice, subject, of course, to the interposition of the superior in cases of
necessity [Peopje v. Vera, supra.]. This recognizes the fact that local legislatures are more
knowledgeable than the national lawmaking body on matters of purely local concern, and are
in a better position to enact appropriate legislative measures thereon.
VII. LEGISLATIVE DEPARTMENT

1. CONGRESS

Legislative power the power to propose, enact, amend and repeal laws.
- Vested in Congress except to the extent reserved to the people by the provision in initiative and
referendum
-People can directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition thereof signed
by at least 10 per centum of the total number of registered voters, of which every legislative
district must be represented by at least 3 per centum of the registered voters.

Initiative power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election called for that purpose.
1) Initiative on the Constitution
2) Initiative on Statutes
3) Initiative on local legislation

Indirect Initiative exercise of initiative by the people through a proposition sent to Congress
or local legislative body for action

Referendum power of the electorate to approve or reject legislation through an election called
for that purpose.
1) Referendum on Statutes
2) Referendum on local legislation
Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment of which is specifically vested in
Congress by the Constitution, cannot be subject to referendum, until 90 days after
effectivity.
Local Initiative,
-Not less than 2,000 registered voters in case of autonomous regions
-1,000 in provinces and cities
-100 in municipalities
-50 in baranagays
-File a petition with Regional Assembly or local legislative body
Limitation on Local Initiative
1) Exercised not more than once a year.
2) Extend only to subjects or matters which are within the legal powers of the local
legislative body to enact.
3) If at any time before the initiative is held, the local legislative body shall adopt in toto
the proposition presented, the initiative shall be cancelled.

Composition of Congress: Senate and House of Representative

- Senate: 24 senators, elected at large by qualified voters
Qualifications
1) Natural-born
2) On the day of the election, at least 35 years of age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less than 2 years immediately preceding the day of
the election
Term: 6 years, commencing at noon on 30th day of June next following their election
Limitation: no senator shall serve for more than 2 consecutive terms. Voluntary renunciation
of office for any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which elected.
House of Representatives - not more than 250, unless otherwise provided by law
Composition
1) District representative
2) Party-list representative
 3) Sectoral representative
Apportionment of legislative district is a
justiciable question
-(Provinces and cities and Metro Manila area) Apportionment shall be made in accordance with
the number of respective inhabitants on the basis of a uniform and progressive ratio.
-Each city with not less than 250,00 inhabitants entitled to at least 1 rep. -Each province,
irrespective of number of inhabitants entitled to at least 1 rep.
-Each legislative district shall comprise, as far as practicable, compact, contiguous and adjacent
territory.
-Congress to make reapportionment of legislative districts within 3 years following return of
every census.
-Constitution does not preclude Congress from increasing its membership by passing a law other
than a general apportionment law.
-Reapportionment of legislative districts may be made through a special law.
Qualifications:
1) Natural-born Filipino citizen
2) At the day of the election, at least 25 years old
3) Able to read and write
4) Except the party-list representative, a registered voter in the district in which he shall
be elected
5) Resident thereof for not less than 1 year immediately preceding the day of the election

Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is:
a. actual removal or change of domicile
b. bona fide intention of abandoning the
former residence and establishing a new one
c. acts which corresponds with the purpose
3) Wife does not automatically gain husbands domicile

THEORY OF LEGAL IMPOSIBILITY

J. Francisco (Aquino v. Comelec)
Immigration to the US by virtue of a green card constitutes abandonment of domicile in the
Philippines. (Caasi vs. COMELEC)
Term: 3 years, commencing at noon on the 30th day of June next following their election,
Limitation: shall not serve for more than 3 consecutive terms.
Party-List System: mechanism for proportional representation
Party: political party, sectoral party or coalition of parties
Political Party: organized group of citizens advocating an ideology or platform, principles and
policies for the general conduct of government and which, as the most immediate means of
securing their adoption, regularly nominates and supports certain of its leaders and members as
candoidates for public office.
National Party: constituency is spread over the geographical territory of at least a majority of
the regions.
Regional Party: constituency is spread over the geographical territory of at least a majority of
the cities and provinces comprising the region.
Sectoral Party: (LUFEP-WHIP-VY) organized group of citizens belonging to any of the
following: labor, urban poor, fisherfolk, elderly, peasants, women, handicapped, indigenous
cultural communities, overseas workers and professionals, veterans and youth.
Sectoral Organization: group of citizens or a coalition of groups of citizens who share similar
physical attributes, characteristics, employment, interest or concern.
Coalition: aggrupation of duly registered national, regional, sectoral parties or organization for
political and/or election purposes.

Registration/Manifestation to Participate in the Party-List System

-90 days prior to election, petition verified by its President or Secretary
-If already registered, file instead a manifestation of its desire to participate in the party-list
system
Refusal and/or Cancellation of Registration (motu proprio or upon verified complaint filed by
any interested party; after due notice and hearing)
1) Religious sect/denomination;
 2) Advocate violence to attain goal;
3) Foreign party/organization;
4) Receives support from foreign party/org;
5) Declares untruthful statement in its petition;
6) Violates or fails to comply with election laws, rules and regulations;
7) Failed to participate in the last 2 preceding elections or fails to obtain at least 2% of the
votes cast under the party-list system in the 2 preceding elections for the constituency in
which it has registered;
8) Ceased to exist for at least 1 year.
Nomination of a party-list representative: each registered party, organization or coalition must
submit a list of names to the COMELEC not later than 45 days before the election.
-Not less than 5
-Only persons who have given their consent may be included in the list
-Not include any candidate for elective position, or who lost the immediately
preceding election
-No change allowed except:
1) Dies
2) Withdraws in writing
3) Becomes incapacitated
-Incumbent who are nominate are NOT considered resigned.
- Qualifications of a Party-list nominee
1) Natural-born citizen;
2) Able to read and write;
3) Registered voter;
4) Resident of the Philippines at least 1 year immediately preceding the day of the
election;
5) Bona fide member of the party/organization which he seeks to
represent at least 90 days preceding the day of the election;
6) At least 25 years old at the day of the election; and
7) Youth sector at least 25 but not more than 30. If during his term reaches the age of
30, he shall be allowed to continue until
expiration of term.
- Manner of Voting every voter entitled to two votes, 1 for member of the House and 1 for the
party, organization or coalition.
- Number 20% of the total number of the members of the House including those under the
party-list.
In determining the allocation of seats for
the second vote:
1) Parties, organizations and coalitions shall be ranked from the highest to the lowest cased on
the number of votes they garnered during the election
2) Parties, organizations and coalitions receiving at least 2% of the total votes cast for the party-
list system shall be entitled to 1-seat each, those garnering more than 2% of the votes shall be
entitled to additional seats in proportion to their total number of
3) Each party, organization or coalition shall be entitled to not more than 3 seats
4) inviolable parameters:
1) 20% allocation: combined number of all party-list congressmen shall not exceed 20%
of the total membership of the House
2) 2% threshold: only those parties garnering a minimum of 2% of the total valid votes
cast for the party-list system are qualified to have a seat
3) 3-seat limit: each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of 3 seats
4) Proportional representation: additional seats which a qualified party is entitled to shall
be computed in proportion to their number of votes.
In order that a political party registered under the party-list system may be entitled to a
seat in the House:
1) Represent the marginalized and underrepresented sector
2) Major political parties must comply with this statutory policy
3) Constitutional prohibition against religious sect
4) Not disqualified under RA7941
5) Not adjunct or project funded by government
6) Party and its nominees must comply with the requirements of the law
7) Nominee must also represent the marginalized and under-represented sector
 8) Nominee must be able to contribute to the formulation and enactment of appropriate
legislation
Choosing Party-List Representative:
proclaimed by COMELEC based on a list of
names submitted by respective parties,
according to their ranking in the list.
Effect of Change of Affiliation
-Changes affiliation during term
-forfeiture of seat
-IF w/in 6 months before election, he shall not be eligible for nomination under new party
- Vacancy automatically filled by the next rep from the list of nominees and shall serve for the
unexpired term. If the list is exhausted, the party, organization or coalition shall submit additional
nominees.
- Term of Office: term of 3 years and shall be entitled to same salaries and emoluments as
regular members of the House.
Election
Regular: 2nd Monday of May
Special: to fill a vacancy; serve for the unexpired term
Salaries
Determined by law.
No increase in said compensation shall take effect until after the expiration of the term of all
the members of the Senate and House approving such increase.
Privileges:
1) Freedom from Arrest
Offenses punishable by not more than 6 years imprisonment, be privileged from arrest while
Congress is in session.
2) Privilege of Speech and of Debate
Not be questioned nor be held liable in any other place for any speech/debate in the
Congress or in any committee.
Held to account for such speech or debate by the House to which he belongs
Disqualifications
1) Incompatible Office
Not hold any other office or employment
Forfeiture of the seat in Congress automatically upon assumption of
incompatible office.
N/A if he holds the government office in an ex officio capacity
2) Forbidden Office
Neither shall he be appointed to any office which may have been created or the emoluments
thereof increased during the term for which he was elected..
Last only for the duration of the term for which the member of Congress was elected.

Other Inhibitions
not personally appear as counsel before any court, ET, quasi-judicial or other administrative
bodies
not be directly or indirectly interested financially in any contract with, or any franchise or
special privilege granted by the Government
not intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.
Session
Regular: convene once a year on the 4th Monday of July unless a different date is fixed by
law; and shall continue for such number of days as it may determine until 30 days before the
opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays.
Special: call by president usually to consider legislative measure which the President may
designate in his call
Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the privilege of the writ of HC
b. Or placing the Philippines under martial law
Adjournment neither House during the sessions of the Congress shall, without the consent
of the other adjourn for more than 3 days nor to any other place than that in which the 2 Houses
shall be sitting.
Officers
Senate elects its President
House elects its Speaker
Each nay choose such other officers as it may deem necessary
Quorum
Majority of each House
But a smaller number may adjourn from day to day and may compel the attendance of absent
Members in such manner and under such penalties as such House may determine
Quorum in the Senate shall be the total number of Senators who are in the country and within
the coercive jurisdiction of the Senate.
Rules of Proceedings
Each House determined the rules of itsproceedings.
Discipline of Members
House may punish its members for disorderly behavior, and with concurrence of 2/3 of all its
members, suspend (for not more than 60 days) or expel a member.
Determination of acts which constitute disorderly behavior is within the full discretionary
authority of the House concerned, and the Court will not review such determination, the same
being a political question.
Records and Books of Accounts
Preserve and open to public
Books shall be audited by COA which shall publish annually an itemized list of amounts paid
to and expenses incurred by each member.
Legislative Journal and Congressional Records
Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security;
And the yeas and nays on any question shall, at the request of 1/5 of the Members present, be
entered in the Journal.
Each House shall also keep a Record of its proceedings.
Matters which under the Constitution are to be entered in the journal:
a. Yeas and nays on 3rd and final reading of
a bill
b. Veto message of the President
c. Yeas and nays on the repassing of a bill vetoed by the President
d. Yeas and nays on any question at the request of 1/5 of members present.
Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed by both Houses,
authenticated by the proper officers of each and approved by the President.
Enrolled Bill prevails, except to matters which under the Constitution must be entered in the
Journal.
Electoral Tribunals
Composition
a. 3 SC Justices designated by CJ, the senior justice shall be the chairman
b. 6 members of the house, chosen on the basis of proportional representation from the
political parties registered
Non-partisan court; independent of Congress
Termination of Membership:
a. Expiration of congressional term
b. Death
c. Resignation from political party
d. Formal affiliation to another political party
e. Removal for other valid causes
Cannot disqualify senator-member just because election contest is filed against him. (Abbas
vs. Senate ET)
Doctrine of Primary Administrative Jurisdiction, prior recourse to the House is necessary
before the case may be brought to the Court.
Power: sole judge of all contests relating to the election, returns and qualifications of their
respective members.
 HRET may assume jurisdiction only when after the winning candidate shall have been duly
proclaimed, has taken oath of office, and has assumed functions of the office.
Decisions may be reviewed by SC by showing grave abuse of discretion in a petition for
certiorari filed under R65.
Commission on Appointment
Composition
a. Senate President, ex-officio chairman
b. 12 senators
c. 12 house
* b and c elected by each House on the basis
of proportional representation from the
political parties registered.
Powers act on all appointments submitted to it within 30 session days of Congress from
their submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its members
Independent of the 2 Houses and has the power to promulgate its own rules of proceedings.
Powers of Congress
1. General (plenary) legislative power
- Limitations:
1. Substantive
- Express
a. Bill of rights
b. Appropriations
c. Taxation
d. Constitutional appellate jurisdiction of SC
e. No law granting a title of royalty or nobility shall be passed
- Implied
a. Non-delegation of powers
b. Prohibition against the passage if irrepealable laws

2. Procedural
a. Only one subject to be expressed in the title
- Title is not required to be an index of the contents of the bill
- Sufficient compliance if the title expresses the general subject and all the provisions of the
statute are germane to thee subject
- Sufficient if the title is comprehensive enough, as in this case, to include subjects related to the
general purpose which the statute seeks to achieve.
- Rider is a provision not germane to the subject matter of the bill.
b. Three readings on separate days
- Printed copies of bill in its final form distributed to Members 3 days before its passage
- EXCEPT when the President certifies to its immediate enactment to meet a public calamity or
emergency
- Upon last reading, no amendment allowed, and vote thereon taken immediately and the yeas
and nays entered in the journal
- Presidential certification dispensed with the requirement not only of printing but also that of
reading the bill on separate days.
3. Legislative Process
- Requirements as to bill
Only 1 subject to be expressed in the title
Appropriation, revenue bills, tariff bills, bills of local application, bills authorizing increase of
public debts and private bills shall originate exclusively in the House of Representative.
It is not the law, but the bill, which is required to originate exclusively in the House, because
the bill may undergo such extensive changes in the Senate that the result may be a rewriting of
the whole.
The Constitution does not prohibit the filing in the Senate of a substitute bill in anticipation
of its receipt of the bill from the House, so long as the action by the Senate as a body is withheld
pending receipt of the House bill.
- Procedure: passed 3 readings on separate days, and printed copies in its final form have been
distributed to its Members 3 days before its passage EXCEPT when President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency.
 Courts are denied the power to inquire into allegations that, in enacting a law, a House of
Congress failed to comply with its own rules, in the absence of any showing that there was a
violation of constitutional requirements or the rights of private individuals.
It is within the Bicameral Conference Committee to include in its report an entirely new
provision that is not found either in the House or Senate bill.
If the Committee can propose an amendment consisting of 1 or 2 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 the amendment is germane to the subject of the bills before
the Committee.
Jurisdiction of the Conference Committee is not limited to resolving differences between the
Senate and the House versions of the bill. It may propose an entirely new provision.
- Approval of Bills
-The bill becomes a law in the following cases:
a. President approves the same and signs it.
b. Congress overrides the Presidential veto if the President disapproves the bill, he shall return
the same, with his objections contained in his Veto message to the House of origin (which shall
enter the objections at large in its Journal). The veto is overridden upon a vote of 2/3 of all
members of the House of origin and the other House. Yeas and Nays entered in the Journal of
each House.
-No pocket veto.
-Partial veto, as a rule, is invalid. It is allowed only for particular items in an appropriation,
revenue or tariff bill. The President cannot veto part of an item in an appropriation bill while
approving the remaining portion of the item.
-Legislative Veto a congressional veto is a means whereby the legislature can block or modify
administrative action taken under a statute. It is a form of legislative control in the
implementation of particular executive action. It may be negative (subjecting the executive
action to disapproval by Congress) or affirmative (requiring approval of the executive action by
Congress)
c. When the President fails to act upon the bill for 30 days from receipt thereof, the bill shall
become a law as if he had signed it.