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ONSTITUTIONALLAW 1

PRELIMINARY CONCEPTS

I. INTRODUCTION: THECONSTITUTION,CONSTITUTIONALISM ANDCONSTITUTIONAL LAW

A. Political Law defied

That branch of public law which dealswith the organization and operation of thegovernment organs of the state and defines therelations of the state with the inhabitants of itsterritory. (Sinco, Philippine Political Law 1, 11thed., 1!"#

Scope of Political Law.$$ The entire field ofpolitical law may be subdivided into (a# the lawof public administration, (b# constitutional law,(c# administrative law, and (d# the law ofpublic corporations. These four subdivisionsmay be briefly described for the time being, asfollows% The first deals with the organizationand management of the different branches ofthe government& the second, with the guarantiesof the constitution to individual rights and thelimitations on governmental action& the third,with the e'ercise of e'ecutive power in themaing of rules and the decision of )uestions

affecting private rights& and the last, withgovernmental agencies for local government orfor other special purposes. (Sinco 1#

!. Co"tit#tioal Law Defied

* constitution is both a legal documentand a political plan. +t, therefore, embodieslegal rules as well as political principles. *nd sowhen we spea of constitutional law in the strictsense of the tern, we refer to the legal rules ofthe constitution. '''

'''+n the sense in wc the concept is

understood in *merican and Philippine-urisprudence, constitutional law is a term usedto designate the law embodied in theconstitution and the legal principles growing outof the interpretation and application made bycourts of the provisions of the constitution inspecific cases. '''

onstitutional law forms a distinctbranch of /urisprudence dealing w the legalprinciples affecting the nature, adoption,amendment, and operation of the constitution.(Sinco !0.#

Types of onstitutional Law.$$ +n general, thereare three (# different types of constitutional

law, namely,

(1# the 2nglish type, characterized bythe absence of a written constitution (Sinco !0#

*n unwritten constitution, and the

power of /udicial review by the courts. Thus, thecourts cannot invalidate the acts of theparliament as being unconstitutional because of3parliamentary supremacy.3 (4irasol notes.#

("# the 2uropean continental type,where there is a written constitution wc givesthe courts no power to declare ineffectivestatutes contrary to it (Sinco !0.#

* written constitution but no power of/udicial review by the courts. The so$called on$stitutional ourts of 5rance do not e'ercise real

/udicial review but only render advisory opinionson constitutional )uestions upon the re)uest ofthe government, not of parties in actuallitigation. (4irasol notes.#

(# the *merican type where the legalprovisions of the written constitution are giveneffect through the power of the courts to declareineffective or void ordinary statutes repugnant toit. (Sinco !0.#

* written constitution and the e'erciseof /udicial review by the courts, which is the

power of the courts to determine theconstitutional validity of the acts of legislatureand other branches of government. (4irasolnotes.#

C. Co"tit#tio Defied

+t is 3a law for the government,safeguarding individual rights, set down inwriting.3 (6amilton.#

Such a view found acceptance in thewor of Tanada and 5ernando%

3+t may be more specifically defined as awritten instrument organizing the government,distributing its powers and safeguarding therights of the People.3

5rom 4alcolm and Laurel%3+t is the written instrument by which

the fundamental powers of government areestablished, limited and defined, and by whichthose powers are distributed among the severaldepartments for their safe and useful e'ercisefor the benefit of the body politic.3

*ccording to Schwartz, 3a constitution isseen as an organic instrument, under which

governmental powers are both conferred andcircumscribed. Such stress upon both grant andlimitation of authority is fundamental in*merican theory. 7The office and purpose of theconstitution is to shape and fi' the limits ofgovernmental activity.73 (5ernando, Theonstitution of the Philippines, "8$"1, "nd ed.,100

Maca$iola % A"#cio, 119 S:* 00 (1;"#

5% The complainant alleged thatrespondent /udge of the 5+ violated paragraphs

1 and

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districts# when he associated himself w theTraders 4ftg. = 5ishing +ndustries, +nc. as astocholder and pres., said corp. having beenorganized to engage in business.

62L>% *lthough this provision is incorporated inthe ode of ommerce wc is part of thecommercial laws of the Phils, it partaes of thenature of a political law as it regulates therelationship between the government andcertain public officers and employees, lie

/ustices and /udges. Political law has beendefined as that branch of public law wc deals wthe organization and operation of thegovernmental organs of the State and definesthe relations of the state w the inhabitants of itsterritory. Specifically, *rt. 19 of the ode ofommerce partaes more of the nature of anadministrative law bec. it regulates the conductof certain public officers and employees wrespect to engaging in business& hence, politicalin essence.

''' ?pon the transfer of sovereigntyfrom Spain to ?S, and later on from ?S to the

:epublic of the Phils., *rt. 19 of the said odemust be deemed to have been abrogated bec.where there is change of sovereignty, thepolitical laws of the former sovereign, whethercompatible or not w those of the newsovereign, are automatically abrogated, unlessthey are e'pressly re$enacted by affirmative actof the new sovereign. There appears to be noenabling or affirmative act. onse)uently, *rt.19 of the ode of ommerce has no legal andbinding effect and cannot apply to respondent-udge.

Types of onstitutions

onstitutions are classified as follows%(1# written and unwritten, and ("# rigid andfle'ible.

@ritten and ?nwritten (lassification as to whenit is adopted.#

(a# A w$itte co"tit#tio $provisions have been reduced to writing andembodied in one or more instruments at aparticular time. 2.g. The ?S onstitution

$ also called co%etioal o$eacted, as they are given definiteform by a steadily constituted body, the

constitutional convention, at a particulartime.

$ also de&oc$atic o$&oa$c'ical.De&oc$atic co"tit#tio"$ essentiallyspring from the authority of the people.Moa$c'ical co"tit#tio" $ thosegranted by a monarch as an act of graceto his sub/ects& also called oct$o(edco"tit#tio". They belong to the pastage.

(b# *n #w$itte co"tit#tio Ahas not been committed to writing at any

specific time but is the accumulated product ofgradual political and legal development. 2.g. The2nglish onstitution is the

$ nown also as c#lati%e o$e%ol%ed, as they are not formulated at

any definite time but are rather theoutcome of a political evolutionaryprocess.

5le'ible and :igid onstitutions. (lassificationaccording to amendment process.#

The classification of constitutions intowritten and unwritten has been consideredunscientific and inaccurate bec. no writtenconstitution, after having been applied for aconsiderable period, can remain substantiallyunchanged in its original condition other than byformal amendments. '''.

To classify constitutions into rigid andfle'ible is to use a basis that has to do more wtheir nature rather than their mere form.

(a# Ri)id.$$ * constitution is classifiedas rigid when it may not be amended e'ceptthrough a special process distinct from and moreinvolved than the method of changing ordinarylaws. +t is supposed that by such a special

procedure, the constitution is rendered difficultto change and thereby ac)uires a greater degreeof stability.

(b# *le+ile.$$ * constitution isclassified as fle'ible when it may be changed inthe same manner and through the same bodythat enacts ordinary legislation. The Britishonstitution is fle'ible.

* constitution7s stability depends uponother factors than the mere rigidity or fle'ibilityof the amending process, such as (1# thegeneral temperament of the people and theirleaders and ("# the degree of a nation7s political

maturity and social homogenity. (Sinco !;$08.#

The Philippine onstitution is bothwritten and rigid (See *rt. CD++ on the*mendment process#.

II. THE -/0 CONSTITUTION

E @hat was the basis of the *)uinogovernmentF >id it assume power pursuant tothe 10 onstitution, or was it a revolutionarygovernmentF

A. P$ocla&atio No. -, 12 *e$#a$( -/3

4P$o%i"ioal )o%e$&et5.66 ButProclamation Go. which announced theProvisional onstitution, seemed to suggest thatit was a revolutionary government, since in oneof its whereases it announced that the 3newgovernment was installed, through a directe'ercise of the power of the 5ilipino peopleassisted by units of the Gew *rmed 5orces,3referring to the 2>S* revolution.

The better view is the latter view. The*)uino government was not an offshoot of the10 onstitution for under that onstitution, a

procedure was given for the election of thePresident $$$ proclamation by the Batasan $$$and the candidate Batasan proclaimed was4arcos.

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!. P$ocla&atio No. 7, Ma$c' 12, -/34P$o%i"ioal Co"tit#tio5.66 The Provisionalonstitution or 5reedom onstitution wasadopted on "< 4arch 1;! through ProclamationGo. . +t abrogated the legislative provisions ofthe 10 onstitution, modified the provisionsregarding the e'ecutive department, and totallyreorganized the government. (+ts use of the10 onstitution, however, is not be toconstrued that it was a continuation thereof.#Then it provided for the calling of a onstitu$tional ommission, composed of 8 to HPT+HG H5 * G2@ HGST+T?T+HG

Section 1. @ithin si'ty days from thedate of this Proclamation, a ommission shall beappointed by the President to draft a Gew

onstitution. The ommission shall becomposed of not less than thirty nor more thanfifty natural born citizens of the Philippines, ofrecognized probity, nown for theirindependence, nationalism and patriotism. Theyshall be chosen by the President afterconsultation with various sectors of society.

Section ". The ommission shallcomplete its wor within as short a period asmay be consistent with the need both to hastenthe return of normal constitutional governmentand to drat a document truly reflective of theideals and aspirations of the 5ilipino people.

Section . The ommission shallconduct public hearings to insure that the peoplewill have ade)uate participation in theformulation of the Gew onstitution.

Section 9. The plenary sessions of theommission shall be public and recorded.

Section

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such petition amounts in effect to a suitagainst the incumbent PresidentM it ise)ually elementary that incumbentPresidents are immune from suit orbeing brought to court during the periodof their incumbency and tenure.

III. CONSTITUTIONALISM ANDCONSTITUTIONAL SUPREMACY:>UDICIAL RE9IEW UNDER THE-/0 CONSTITUTION

A. Nat#$e of >#dicial Powe$?Re%iew

A$t. 9III, Sec. -. T62 -?>++*L PH@2: S6*LLB2 D2ST2> +G HG2 S?P:242 H?:T *G> +GS?6 LH@2: H?:TS *S 4* B2 2ST*BL+S62>

B L*@.-?>++*L PH@2: +GL?>2S T62 >?T

H5 H?:TS H5 -?ST+2 TH S2TTL2 *T?*LHGT:HD2:S+2S +GDHLD+GI :+I6TS @6+6*:2 L2I*LL >24*G>*BL2 *G> 2G5H:2*BL2,*G> TH >2T2:4+G2 @62T2: H: GHT T62:26*S B22G * I:*D2 *B?S2 H5 >+S:2T+HG*4H?GT+GI TH L*Q H: 2C2SS H5-?:+S>+T+HG HG T62 P*:T H5 *G B:*G6H: +GT:?42GT*L+T H5 T62 IHD2:G42GT.

T'eo$( of >#dicial Re%iew

A)a$a % Electo$al Co&&i""io,

+n 1ecember1< are deemed elected.3 The 2lectoralommission, a constitutional body, on the otherhand set the >ecember 1< as the deadlinefor the filing of election protest.

nsua, who lost to *ngara, filed amotion of protest (complaint# on ; >ecember1

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Standing is established by two ne'uses%the party7s status and the type of legislative actbeing )uestioned, or his status and the precisenature of the constitutional infringement.

The test of standing is whether theparty has alleged such a personal stae in theoutcome of the controversy as to assure suchconcrete adverseness which sharpens thepresentation of issues upon which the court solargely depends for illumination of difficultconstitutional )uestions (Baer v arr, supra.#

* person has standing to challenge thegovernmental act only if he has a personal andsubstantial interest in the case such that he hassustained, or will sustain, direct in/ury as aresult ot its enforcement. (Peo8le %. 9e$a.5

!oa$d of O8to&et$( %". Colet >octrine of Locus Standi 5or the party to have locus standi to

)uestion the validity of a statute, hemust have a personal and substantial

interest in the case such that he hassustained or will sustain direct in/ury asa result of its enforcement

Hnly natural and /uridical persons orentities authorized by law my be partiesin a civil action and every action mustbe prosecuted in the name of the realparty in interest

The two parties here were not registeredassociations, worse, two of thepresidents of the associationscontending the validity of *rt ;8

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case% 7*ll await the decision of this ourt on theconstitutional )uestion. onsidering, therefore,the importance which the instant case hasassumed and to prevent multiplicity of suits,strong reasons of public policy demand that itsRconstitutionality . . . be now resolved.7 )uotedfrom People v DeraR +t may liewise be addedthat the e'ceptional character of the situationthat confronts us, the paramount public interest,and the undeniable necessity for a ruling, thenational elections being barely si' months away,reinforce our stand.3

B. Moote""

* case becomes moot when there arefacts, in/uries and heated arguments but forsome reason the legal problem has becomestale. @hen a case is moot and academic, itceases to be a case and controversy. *nydecision reached by the court would not beconclusive on the parties.

2'ceptions to mootness%

1# +f the )uestion is capable ofrepetition and evasive of review.

"# +f there e'its a mere possibility ofcollateral legal conse)uences if the court doesnot act.

# Doluntary cessation from thewrongful act by the defendant, if he is free toreturn to his old ways.

C.*#ctio" of >#dicial Re%iew

-. C'ec@i)$ invalidating a law or ane'ecutive act that is found to be contrary to theonstitution.

1. Le)iti&ati) 4le)iti&i=i)5 $upholding the validity of the law which resultsfrom a mere dismissal of a case challenging thevalidity of that law.

@hen the ourt e'ercises this function,it uses the double negative by declaring that thelaw is 3not unconstitutional3. This is no meresemantics. The ourt cannot declare the lawconstitutional for it en/oys the presumption ofconstitutionality, so that a declaration to thateffect by the court would not mae it moreconstitutional. Hn the other hand, anyone whochallenges the validity of a law has the burden of

proof to show its invalidity. >eclaring that thelaw is not unconstitutional is tantamount tosaying that the challenger has not met theburden re)uired.

ELegitimating and hecing *spects of -udicial:eview. >ismissal of hallenge to a Law7sDalidity Legitimizes it.

+n Occea % COMELEC, which soughtan in/unction to prohibit the H42L2 fromproceeding with the plebiscite for the proposed1;1 amendments, and in Mit$a % COMELEC,which sought a mandamus to compel the

H42L2 to hold a plebiscite to ratify the 10onstitution, both prayers based on the premisethat the 10 onstitution had not been ratified,the S held that the failure of the ourt in the-avellana v 2'ecutive Secretary case to muster

the votes re)uired to declare the 10onstitution as being invalidly ratified, whichresulted in the dismissal of the suit )uestioningthe validity of the ratification of the onstitution,in effect legitimated the ratification. +n Occea,the ourt ruled that%

3The Supreme ourt can chec aswell as legitimate. +n the latter case,there is an affirmation that what wasdone cannot be stigmatized asconstitutionally deficient. The meredismissal of a suit of this charactersuffices. That is the meaning of theconcluding statement in the -avellanaresolution. Since then, the ourt hasinvariably applied the presentonstitution.3

7. S(&olic$ to educate the bench andbar as to the controlling principles and conceptson matters of great public importance.

Salo)a % C$#=6Pao,

The case against petitioner forsubversion which was filed by the fiscal on thebasis of flimsy testimony given by Dictor Lovelywas already dismissed without pre/udice by thefiscal (upon anticipation of adverse ruling#. *ndyet, the S noting that as the fiscal said thedismissal of the charges was without pre/udiceto the filing of new ones for the same actsbecause the petitioner has not been arraignedand double /eopardy does not apply, the case isnot entirely moot, decided to perform its duty to3formulate guiding and controlling constitutionalprinciples, precepts and doctrines or rules3 forthe guidance of the bar and bench. +t thus,

went on to lecture about its anti)uatedunderstanding of the inciting test, and how itcould not be proved by a mere photograph.

>a%ie$ % COMELEC,The case was already mooted not only

by the death of 2velio -avier, but also by theabolition of Batasan, the *nti)ue seat which heand Pacificador were contesting for. *nd yet theS, claiming to be 3not only the highest arbiterof legal )uestions but also the conscience of thegovernment,3 decided the case anyway 3for theguidance of and as a restraint upon the future.The citizen comes to us in )uest of law but wemust also give him /ustice. The " are not always

the same. There are times when we cannotgrant the latter bec. the issue has been settledand the decision is no longer possible accordingto the law. But there are also times whenalthough the dispute has disappeared, as in thiscase, it nevertheless cries out to be resolved.-ustice demands that we act then, not only forthe vindication of the outraged right, thoughgone, but also for the guidance of and as arestraint upon the future.3

De&ete$ia % Ala,The S struc down Sec. 99 of P> 1100,

authorizing the President to transfer funds from

one department to another, on the ground thatit overe'tended the privilege granted under *rt.D+++, sec. 1!(

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case on the need 3not only for the vindication ofan outraged right, though gone, but also for theguidance of and as a restraint upon the future,3it lectured on how this law would open thefloodgates for the enactment of unfundedappropriations, uncontrolled e'ecutivee'penditures, diffusion of accountability forbudgetary performance, and entrenchment ofthe por barrel system, and on how this wouldcreate temptations for misappropriation andembezzlement.

All co#$t" ca e+e$ci"e #dicial $e%iew

A$t. 9III, Sec. 2415. The Supremeourt shall have the following powers%

'''

("# :eview, revise, reverse, modify, oraffirm on appeal or certiorari as the law or the:ules of ourt may provide, final /udgments andorders of lower courts in %

(a# *ll cases in which theconstitutionality or validity of any treaty,international or e'ecutive agreement, law,presidential decree, proclamation, order,instruction, ordinance, or regulation is in)uestion.

(b# *ll cases involving the legality ofany ta', impost, assessment, or toll, or anypenalty imposed in relation thereto.

(c# *ll cases in which the /urisdiction of

any lower court is in issue.(d# *ll criminal cases in which thepenalty imposed is reclusion perpetua or higher.

(e# *ll cases in which only an error or)uestion of law is involved.

D. Political #e"tio

*n issue is a political )uestion when itdoes not deal with the interpretation of a lawand its application to a case, but with the verywisdom of the law itself. @hen a /udge attemptsto resolve a political )uestion, he is note'ercising a /udicial function, but is rather

supplanting his conscience to that of the politicalbranch of the government.

!a@e$ %. Ca$$, has attempted to formulatesome guidelines for determining whether a)uestion is political or not.

KProminent on the surface of anycase held to involve a political )uestionis found a te'tually demonstrableconstitutional commitment of the issueto a political department& or a lac of

/udicially discoverable and manageablestandards for resolving it& or the

impossibility of deciding without aninitial policy determination of a indclearly for non$/udicial discretion& or theimpossibility of a court7s undertaingindependent resolution without

e'pressing lac of the respect duecoordinate branches of government& oran unusual need for un)uestioningadherence to a political decision alreadymade, or the potentiality ofembarrassment from multifariouspronouncements by variousdepartments on one )uestion.

Taada %". C#eco

+SS?2% *ssails the validity of nomination in theSenate 2lectoral Tribunal of " other senatorsfrom the ma/ority party

62L>% The term 3political )uestion3 connotes,in legal parlance, what it means in ordinaryparlance, namely, a )uestion of policy. +t refersto those )uestions which, under theonstitution, are to be decided by the people intheir sovereign capacity, or in regard to whichfull discretionary authority has been delegated tothe Legislature or e'ecutive branch of theIovernment (1! . -. S., 91#. +t is concernedwith issues dependent upon the wisdom, not

legality, of a particular measure.The Senate is not clothed with 3full

discretionary authority3 in the choice ofmembers of the Senate 2lectoral Tribunal. Thee'ercise of its power thereon is sub/ect toconstitutional limitations. +t is clearly within thelegitimate province of the /udicial department topass upon the validity of the proceedings inconnection therewith. 6ence, this ourt has, notonly /urisdiction, but, also the duty, to considerand determine the principal issue raised by theparties herein.

P!A % COMELEC,@e see a reversal of /udicial review.The case was clearly a /usticiable controversy.+s the resignation submitted by 4arcos, whichwas conditioned on the election, proclamationand assumption into office by the electedPresident, a valid resignation as to authorize theBatasan to pass a Snap 2lection LawF The ourtcould have validly issued an in/unction to stopthe H42L2 from proceeding with the prepara$tions for the election. But it did not, citing itsdelay in deciding the case and the sentiments ofthe people that developed in the meantime asreason for its inaction. *ccording to the court,what at first was a legal )uestion became a

political )uestion because it was overtaen byevents.

DD% * ourt which does not issue anin/unction to en/oin an official act when it couldhave issued one is actually deciding the case infavor of the validity of the act. 5ailure to issuean in/unction is as much an e'ercise of /udicialreview.

Rolo % Yi)#e=,@e see another trend of /udicial review.

@hat seems lie a legal )uestion when viewed inisolation (namely, whether the rules of the

Batasan enabling it to shelf a complaint forimpeachment against the President isconstitutional.# is really a political )uestion whenviewed in a broader conte't (i.e., that the casewas filed against the Speaer of a co$e)ual

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branch to compel him by mandamus to recallthe complaint from the archive, and that theultimate result of the case was to )uestion thedecision of the Batasan to shelve the case, amatter, that is solely committed to thatdepartment.#

et, despite the really political nature ofthe )uestion, the S passed on the validity ofthe rules to erase doubts that may still beentertained.

Ad%i"o$( O8iio

* case becomes an advisory opinionwhen there is no actual case and controversythat demands constitutional construction for itsresolution. This may tae the form ofdeclaratory relief. +t is not wise for the court toengage in an advisory opinion because%

a# This only leads to dialectics, toabstract legal arguments and sterile conclusions(Laurel )uoting 5ranfurter#

b# The /udicial function is impoverishedsince it thrives on facts that draw out the

meaning of the law.

E. Effect of a Decla$atio ofUco"tit#tioalit(

Ci%il Code, A$t. 0.CCC@62G T62 H?:TS >2L*:2 * L*@ TH

B2 +GHGS+ST2GT @+T6 T62 HGST+T?T+HG,T62 5H:42: S6*LL B2 DH+> *G> T62 L*TT2:S6*LL IHD2:G.

CCC

The effect of a declaration that a law isunconstitutional is to mae the law either void orvoidable.

+t is void if on its face, it does not en/oyany presumption of validity. *s such, itproduces no effect whatsoever, creates no rightor office, it imposes no duty. @hatever penaltywas paid during the period of its operation mustbe remitted.

*n e'ample is BP

The orthodo' view was announced by4r. -. 5ield, in the case of Gorton vs. Shelby

ounty where the court held that%

3'''. *n unconstitutional act is nota law& it confers no rights& it imposes noduties& it affords no protection& itcreates no office& it is, in legalcontemplation, inoperative, as if it hadnot been passed.R

But if we tae the unorthodo' view, asthe S did, the action could still prosper. Theperiod from 19< when the law waspromulgated, to 1ebt4oratorium Law was operative during this time.+n effect, only 0 years had elapsed (199$9

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+ndeed, it would be un/ust to punish thecreditor who could not collect prior to 1ebt 4oratorium Law was effective,only to be told later that his respect for anapparently valid law made him lose his right tocollect.

*rt. 0 of the ivil ode which providesthat, 3@hen the courts declare a law to beinconsistent with the onstitution, the formershall be void and the latter shall govern.3 seemsto be the orthodo' view on the matter.

THE STATE

I. STATE DE*INED.

Prof. Borlongay, )uoting Iarner,+ntroduction to Political Law, 91% * State isa community of persons, more or less

numerous, permanently occupying a fi'edterritory and possessed of an independentgovernment organized for political ends towhich the great body of inhabitants renderhabitual obedience.

2L242GTS%a. People $$$ inhabitants of the Stateb. Territory $$$ fi'ed portion of the surface

of the earth inhabited by the people ofthe State

c. Iovernment $$$ agency instrumentalitythrough which the will of the State isformulated, e'pressed, and realized

d. Sovereignty $$$ supreme anduncontrollable power inherent in a Stateby which that State is governed

CASE: Collecto$ of Ite$alRe%e#e %. Ca&8o" R#eda 9" S:*" (101#R% * State is a politicallyorganized sovereign community,independent of outside control, boundby ties of nationhood, legally supremewithin its territory, and acting throughgovernment functioning under a regimeof law.

II. COMPONENTS O* THEPHILIPPINE STATE.

A. TERRITORY

*:T+L2 +, 1;0 onstitution

The national territory comprises the Philippinearchipelago, with all the islands and watersembraced therein, and all other territories overwhich the Philippines has sovereignty or

/urisdiction, consisting of its terrestrial, fluvial,

and aerial domains, including its territorial sea,the seabed, the subsoil, the insular shelves, andother submarine areas. The waters around,between, and connecting the islands of thearchipelago, regardless of their breadth and

dimensions, form part of the internal waters ofthe Philippines.

Philippine territory consists of% the Philippine archipelago& and all territories over which the Philippines

has sovereignty or /urisdiction

The *rchipelagic >octrine% Bodies of waterwithin the baseline, regardless of breadth,form part of the archipelago and areconsidered as internal waters.

!. PEOPLE

Three 4eanings of the word Kpeople

1. I'aitat", as used in%

*:T+L2 ++, Section 1

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shall embody our ideals and aspirations,promote the common good, conserve anddevelop our patrimony, and secure to ourselvesand our posterity the blessings of independenceand democracy under the rule of law and aregime of truth, /ustice, freedom, love, e)uality,and peace, do ordain and promulgate thisonstitution.

*:T+L2 ++, Section 1, 1;0 onstitution

The Philippines is a democratic and republicanState. Sovereignty resides in the people and allgovernment authority emanates from them.

*:T+L2 ++, Section 9, 1;0 onstitution

The prime duty of the Iovernment is to serveand protect the people. The Iovernment maycall upon the people to defend the State and, inthe fulfillment thereof, all citizens may bere)uired, under conditions provided by law, torender personal military, or civil service.

*:T+L2 +++, Section 0, 1;0onstitution

The right of the people to information on mattersof public concern shall be recognized. *ccess toofficial records, and to documents, and paperspertaining to official acts, transactions, ordecisions, as well as to government researchdata used as basis for policy development, shallbe afforded the citizen, sub/ect to suchlimitations as may be provided by law.. Electo$", as used in%

*:T+L2 D++, Section 9, 1;0onstitution

The President and the Dice$President shall beelected by direct vote of the people ' ' '

*:T+L2 CD+, Section ", 1;0onstitution

The ongress may, by law, adopt a new namefor the country, a national anthem, or a nationalseal, which shall all be truly reflective andsymbolic of the ideals, history, and traditions ofthe people. Such law shall tae effect only uponits ratification by the people in a national

referendum.

*:T+L2 CD+++, Section "

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those naturalized in accordance with law

@ho must be natural$borncitizens%

President*:T+L2 D++, Section "

Dice$President*:T+L2 D++, Section

4embers of ongress*:T+L2 D+, Sections

and ! -ustices of S and lower collegiate

courts *:T+L2 D+++, Section 0(1#

Hmbudsman and his deputies*:T+L2 C+, Section ;

4embers of onstitutional ommissions(S# *:T+L2 +C B, Section 1 (1#(H42L2#*:T+L2 +C , Section 1 (1#(H*# *:T+L2 +C >, Section 1 (1#

4embers of the entral 4onetary*uthority

*:T+L2 C++, Section "8

4embers of the ommission on 6uman:ights *:T+L2 C+++, Section 10 ("#

*s per *:T+L2 C++, Section ;, 1;0onstitution, a natural$born citizen of thePhilippines who has lost his Philippinecitizenship may still be a transferee ofprivate lands, sub/ect to limitations providedby law.

Irounds for Loss of itizenship% Gaturalization in a foreign country *

!, Sec.1 (1#R

2'press renunciation or e'patriation *!, Sec.1 ("#R Taing an oath of allegiance to another

country upon reaching the age ofma/ority

*ccepting a commission and serving inthe armed forces of another country,unless there is an offensive defensivepact with the country, or it maintainsarmed forces in :P with :POs consent

>enaturalization Being found by final /udgment to be a

deserter of the *5P 4arriage by a 5ilipino woman to an

alien, if by the laws of her husbandOs

country, he becomes a citizen thereof

2'patriation is a constitutionalright (o #llia %.o%e$&et#. Go one can becompelled to remain a 5ilipino ifhe does not want to.

2C2PT+HG% * 5ilipino may not divest himself ofPhilippine citizenship in any manner while the:epublic of the Philippines is at war with anycountry. (Sec. 1 (#, om. *ct Go. !# 6ow may citizenship be reac)uiredF

1. Gaturalization (om. *ct Go. ! andom. *ct Go. 90#

now an abbreviated process,with no need to wait for years

(1 year for declaration of intent,and " years for the /udgment tobecome e'ecutory#

applicant must%a.# be "1 years of ageb.# be a resident for ! monthsc.# have good moral characterd.# have no dis)ualification

". :epatriation

woman who by her marriagelost her citizenship

those declared by authorities tobe deserters of the *rmed5orces

. Legislative *ct both a mode of ac)uiring and

reac)uiring citizenship

>ual allegiance (*:T+L2 +D, Section

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5ailure to comply with the posting andpublication re)uirements under the lawrendered null and void the proceedingsconducted, the decision rendered, andthe oath of allegiance taen.

CASE: Lao %. COMELEC 10! S:*

1R% * Go. ! enumerates the modesby which Philippine citizenship may belost, and among them are% 1#naturalization in a foreign country, "#e'press renunciation of citizenship, and# subscribing to an oath of allegianceto support the onstitution or laws of aforeign country. 4eanwhile, Philippinecitizenship may be reac)uired by directact of ongress, by naturalization, or byrepatriation.

CASE: Lao %. COMELEC "11 S:*"0 (1"#R% +n the absence of anyofficial action or approval by properauthorities, a mere application for

repatriation does not, and cannot,amount to an automatic reac)uisition ofthe applicantOs Philippine citizenship.

CASE: Y# %. Defe"o$6Satia)o1! S:* !9R% u lost his Philippinecitizenship via e'press renunciationwhen with full nowledge and capacityhe applied for a renewal of hisPortuguese passport and representedhimself as such in official documents.

CASE:A=a$ %. COMELEC 1;< S:*08 (18#R% onsidering the fact that

admittedly, HsmeUa was both a 5ilipinoand an *merican, the mere fact that hehas a certificate stating that he is an*merican does not mean that he is notstill a 5ilipino, since there has been GH2CP:2SS renunciation of his Philippinecitizenship.

CASE: Peo8le %. Maa(ao 09 Phil0"1 (190#R% +t would shoc theconscience of any enlightened citizenryto say that 4anayao, by the very fact ofcommitting the treasonous acts chargedagainst him, divested himself of hisPhilippine citizenship and thereby placed

himself beyond the arm of our treasonlaw. +f this were so, his very crimewould be the shield that would protecthim from punishment.

CASE: Caa"i %. CA: To be K)ualified torun for elective office in the Philippines,the law (Sec. !; of the Hmnibus2lection ode re)uires that thecandidate who is a green card holdermust have Kwaived his status as apermanent resident immigrant of aforeign country. Therefore, privaterespondentOs act of filing a certificate of

candidacy for elective office does notconstitute such waiver. The waiver ofhis green card should be manifested bysome acts independent of and doneprior to the filing of his candidacy.

CASE: Peo8le %. A%e)o=a 11S:* 11 (1;"#R% * woman who losther Philippine citizenship by reason ofher marriage to a hinese citizen andthereby gaining the latterOs citizenship,must first /udicially prove that she was5ilipino citizen prior to her marriage,before she can be repatriated by virtueof the death of her husband.

CASE: >ao %. Re8#lic 1"1 S:*

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@hat is the doctrine of parens patriaeF

Parens patriae is the tas of the government toact as guardian of the rights of the people. Thisprerogative of parens patriae is inherent in thesupreme power of every state, whether thatpower is lodged in a royal person or in thelegislature, and has no affinity to those arbitrarypowers which are sometimes e'erted byirresponsible monarchs to the great detriment ofthe people and the destruction of their liberties.(ruz#

@hat are de /ure and de facto governmentsF

* de /ure government has rightful title but nopower or control, either because this has beenwithdrawn from it, or because it has not yetactually entered into the e'ercise thereof. * defacto government is a government of fact, thatis, it actually e'ercises power or control butwithout legal title.

@hat are the inds of de factogovernmentF

1. that which gets possession and controlof, or usurps, by force or by the voice ofthe ma/ority, the rightful legalgovernment, and maintains itselfagainst the will of the latter&

". that established as an independentgovernment by the inhabitants of acountry who rise in insurrection againstthe parent state&

. that which is established and maintainedby military forces who invade and

occupy a territory of the enemy in thecourse of war, and which isdenominated as a government ofparamount force, lie the Second:epublic of the Philippines, establishedby the -apanese belligerents

haracteristics of the rd ind of de factogovernment% its e'istence is maintained by active

military power within the territories, andagainst the rightful authority of anestablished and lawful government

during its e'istence, it must necessarilybe obeyed in civil matters by private

citizens who, by acts o obediencerendered in submission to such force, donot become responsible as wrongdoersfor those acts, though not warranted bythe laws of the rightful government

D. SO9EREINTY

Sovereignty is the supreme anduncontrollable power inherent in a State bywhich the State is governed

Q+G>S%

1. Legal sovereignty $$$ power to issuefinal commands

". Political sovereignty $$$ power behindthe legal sovereign, or the sum total ofthe influences that operate upon it

. +nternal sovereignty $$$ power to controldomestic affairs

9. 2'ternal sovereignty (also nown asindependence# $$$ power to directrelations with other states

@hat is the KTheory of *uto$LimitationF

+t is the property of the State$force due towhich a State has e'clusive legalcompetence of self$limitation and self$restriction.

@hat is the difference between Kdominium

and Kimperium.

K>ominium refers to the capacity of theState to own property. +t covers such rightsas title to land, e'ploitation and use of it,and disposition or sale of the same. The:egalian doctrine whereby all lands of thepublic domain belong to the State, andanyone claiming title has the burden to showownership, comes within this concept. +n

this capacity, the State descends to thestatus of ordinary persons and thus becomesliable as such.

K+mperium refers to the StateOs authority togovern. +t covers such activities as passinglaws governing a territory, maintainingpeace and order over it, and defending itagainst foreign invasion. @hen the Stateacts in this capacity, it generally en/oyssovereign immunity.

@hat is -?:+S>+T+HGF

-urisdiction is the manifestation ofsovereignty. The /urisdiction of the state isunderstood as both its authority and thesphere of the e'ercise of that authority.(Sinco#

Q+G>S%1.# Territorial /urisdiction

authority of the State to haveall persons and things within itsterritorial limits to becompletely sub/ect to its controland protection

".# Personal /urisdiction authority of the State over its

nationals, their persons, property,and acts, whether within or outsideits territory.

e'. ivil ode provision thatprohibitory and mandatory lawsfollow citizens wherever they go

.# 2'traterritorial /urisdiction authority of the State over persons,

things, or acts, outside its territoriallimits by reason of their effects toits territory

e'. *:T. " of the :evised Penal

ode

@hat is the basis of theKdoctrine of sovereignimmunityF

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*:T+L2 CD+, Section , 1;0onstitution% The State may not be suewithout its consent.

Positivist theory% There can be no legalright as against the authority thatmaes the laws on which the rightdepends. Fawaaa@oa %.Pol(la@ "8< ?S 9R

Sociological theory% +f the State isamenable to suits, all its time would bespent defending itself from suits andthis would prevent it fro performing itother functions. Re8#lic %. 9illa"o$

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/udgment.

CASE: Re8#lic %. 9illa"o$

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claim with the Ieneral *uditing Hffice,under the provisions of * "0, whichprescribe the conditions under whichmoney claims against the governmentmay be filed.

Hnce the consent is secured, an actionmay be filed. But there is nothing toprevent the State from re)uiring thatcertain administrative proceedings behad and e'hausted.

CASE: Me$$itt %. o%e$&et of t'eP'ili88ie I"lad" 9 Phil 11R% TheIovernment of the Philippine +slands isonly liable for the acts of its agents,officers and employees, when they actas special agents within the meaning of(*:T. "1;8 (!##. * special agent is onewho receives a definite and fi'ed orderor commission, foreign to the e'erciseof the duties of his office if he is aspecial official. The special agent acts inrepresentation of the State and

e'ecutes the trust confided to him. Thisconcept does not apply to any e'ecutiveagent who is an employee of the activeadministration and who on his ownresponsibility performs the functionswhich are inherent in and naturallypertain to his office and which areregulated by law and the regulations.The responsibility of the State is limitedto that which it contracts through aspecial agent, duly empowered by adefinite order or commission to performsome act or charged with some definitepurpose which gives rise to the claim,

and not when the claim is based on actsor omissions imputable to a publicofficial charged with someadministrative or technical office whichcan be held to the proper responsibilityin the manner laid down by the law ofcivil responsibility.

CASE: U.S. %. Ceallo" 1;" S:*!99R% Suability depends of the consentof the State to be sued& liability on theapplicable law and established facts.The circumstance that a State is suabledoes not necessarily mean that it isliable& on the other hand, it can never

be held liable if it does not first consentto be sued. Liability is not conceded bythe mere fact that the State has alloweditself to be sued. @hen the State doeswaive its sovereign immunity, it is onlygiving the plaintiff a chance to provethat the defendant is liable.

*:T. "1;8 of the ivil ode establishesa rule of liability, not suability. Thegovernment may be held liable underthis article only if it first allows itself tobe sued through any of the acceptedforms of consent. 4oreover, the agent

performing his regular functions is not aspecial agent even if he is sodenominated. Lastly, the said provisionappears to regulate only the relations ofthe local state with its inhabitants and

hence, applies only to the Philippinegovernment and not to foreigngovernments impleaded in our courts.

CASE: PN! %. CIR ;1 S:* 19(10;#R% By engaging in businessthrough the instrumentality of acorporation, the government divestsitself of its sovereign character, so as torender the corporation sub/ect to therules governing private corporations.Iarnishment is a proper remedy for aprevailing party to proceed against thefunds of a corporate entity even ifowned or controlled by the government.

Since the P66 has the capacity to besued, any /udgment against it could beenforced by a writ of e'ecution, and itsfunds could even be garnished.

CASE: Ra(o %. C*I of !#laca 118S:* 9

corporation, put money in it, and hasallowed it to sue and be sued in anycourt under its charter. *s a IH, ithas a personality of its own, distinct andseparate from that of the government.4oreover, the charter provision that theGP can Ksue and be sued in any courtis without )ualification on the cause ofaction and accordingly, it can include atort claim.

CASE: SSS %. CA 1"8 S:* 080(1;#R% ?nder its charter, the SSS cansue and be sued. So, even assuming thatthe SSS en/oys immunity from suit as anentity performing governmental functionsby virtue of the e'plicit provision of theenabling law, it can be sued. Thegovernment must be deemed to havewaived immunity in respect of the SSS,although it does not thereby concede itsliability.

CASE: USA %. R#i= 1! S:* 9;0(1;

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previously taen over by thegovernment for e'pansion of roadswithout /ust compensation and theproper e'propriation proceedings. +twould be un/ust for the government toinvoe immunity after it has itselfviolated the rights of the parties$claimants by taing over the possessionof the lands.

CASE: Satia)o %. Re8#lic ;0S:* ";9 (10;#R% The S allowed therevocation of a deed of donation madeto the Bureau of Plant +ndustry for itsfailure to comply with the condition thatit should install a lighting and watersystem on the property and build anoffice building with paring lot beforesaid date. +t would be unfair for thegovernment to invoe its immunity aftergratuitously receiving property and notfulfilling its conditions.

CASE: Co&&i""ioe$ of P#lic

Hi)'wa(" %. !#$)o" ! S:* ;1R%*lthough it was shown that plaintiff hadnot previously filed a claim with the*uditor Ieneral as normally re)uired,she has the right to sue the governmentfor the value of her property which hadbeen converted into public streetswithout payment of /ust compensation.The doctrine of State immunity from suitcannot serve as an instrument forperpetuating an in/ustice.

CASE: *$oila %. O$ietal PaS'i88i) 1" S:* "0! (1

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Office

a. Seate*rt. D+ secs. "$9

Co&8o"itio of t'e Seate: "9 senatorselected at large

#alificatio" of Seato$":1. Gatural$born citizen". *t least < years old on the day of theelection. *ble to read and write9. * registered voter

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of the ongress. +t shall include the election ofall 4embers of the city or municipal councils inthe 4etropolitan 4anila area. Section ". The Senators, 4embers ofthe 6ouse of :epresentatives, and the localofficials first elected under this onstitution shallserve until noon of -une 8, 1".Hf the Senators elected in the elections in 1",the first twelve obtaining the highest number ofvotes shall serve for si' years and the remainingtwelve for three years.

7. Electioa. Re)#la$ Electio*rt D+ sec. ;?nless otherwise provided by law, the regularelection of the Senators and the 4embers of the6ouse of :epresentatives shall be held on thesecond 4onday of 4ay.. S8ecial Electio *rt D+ sec. +n case of vacancy in the Senate or in the 6ouseof :epresentatives, a special election may becalled to fill such vacancy in the mannerprescribed by law, but the Senator or 4ember ofthe 6ouse of :epresentatives thus elected shall

serve only for the une'pired term.

Lo=ada %. COMELECThe onstitution mandates that there shouldalways be ade)uate representation for everyprovince or legislative district. +f a vacancyoccurs in a manner contemplated in theonstitution, then ongress has the authority ifnot the duty to call for special elections (sub/ectof course to the limitation of time as specified inthe onstitution& see *rt D+ Sect ofonstitution and :* !!9

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Ma$tie= %. Mo$fe* legislator shall be privileged from arrest whilethe ongress is in session. +n the 1o#$al ad Co)$e""ioal Reco$d"

4-5 T'e E$olled !ill T'eo$(

*n enrolled bill is the official copy ofapproved legislation and bears the certificationsof the presiding officers of each 6ouse. Thuswhere the certifications are valid and are notwithdrawn, the contents of the enrolled bill areconclusive upon the courts. The respect due to aco$e)ual department re)uires the courts toaccept the certification of the presiding officer of

the legislative body.

Maaa) %. Lo8e= 9ito* duly authenticated bill or resolution importsabsolute verity and is binding on the courts.

This ourt held itself bound by an authenticatedresolution, despite the fact that the vote ofthree$fourths of the members of the ongress(as re)uired by the onstitution to approveproposals for constitutional amendments# wasnot actually obtained on account of thesuspension of some members of the 6ouse of:epresentatives and of the Senate.

Ca"co %. i&ee=The Kenrolled bill is the official copy of approvedlegislation and bears the certification of thepresiding officer of the legislative body.ourts must accept certification of the presidingofficer as conclusive assurance of the billOsauthenticity. The enrolled bill prevails over the

/ournal.+t is well settled that the enrolled bill X whichuses the term 3urea formaldehyde3 instead of3urea and formaldehyde3 X is conclusive uponthe courts as regards the tenor of the measurepassed by ongress and approved by the

President . +f there has been any mistae in theprinting of the bill before it was certified by theofficers of ongress and approved by the2'ecutive X on which we cannot speculate,without /eopardizing the principle of separationof powers and undermining one of thecornerstones of our democratic system X theremedy is by amendment or curative legislation,not by /udicial decree.

415 P$oati%e %al#e of t'e >o#$al

The -ournal is conclusive upon thecourts. But when the contents of the /ournalconflicts with that of an enrolled bill, the enrolledbill prevails over the contents of the /ournal.

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US %. Po"ongress may validly continue enacting billseven beyond the reglementary period ofad/ournment. @hen the /ournal shows thatongress conducted a sine die session where thehands of the cloc are stayed in order to affordongress the opportunity to continue its session.*ll bills enacted during the sine die session arevalid and conclusive upon the ourts.The -ournals are conclusive evidence of thecontents thereof and ourts are bound to tae

/udicial notice of them.

475 Matte$" $eoitl($ To revoe or e'tend martial law or

suspension of privilege of habeas corpus (*rt.D++, sec. 1;#

3. Electo$al T$i#al"a. Co&8o"itio

1. Supreme ourt -ustices to be designatedby the hief -ustice (The senior -ustice in the

2lectoral Tribunal shall be its hairman.#". ! 4embers of the Senate or 6ouse, asthe case may be, chosen on the basis ofproportional representation from the politicalparties and party$list organizations

The 2T shall be constituted within 8 daysafter the Senate and the 6ouse of:epresentative shall have been organized withthe election of the President and the Speaer. 4embers chosen en/oy security oftenure and cannot be removed by mere changeof party affiliation.

Taada %. C#ecoAa" %. SETThe five L>P members who are also members ofthe Senate 2lectoral Tribunal may not inhibitthemselves since it is clear that the onstitutionintended legislative and /udiciary membership tothe tribunal. *s a matter of fact, the " %1 ratioof legislative to /udiciary indicates tat legislativemembership cannot be ignored. To e'cludethemselves is to abandon a duty that no othercourt can perform.

. Nat#$e of *#ctio

>#$i"dictio: 2ach 2T shall be the sole /udge ofall HGT2STS relating to the election, returns,and )ualifications of their respective members.

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This includes determining the validity orinvalidity of a proclamation declaring a particularcandidate as the winner.*n Nelection contestO is one where a defeatedcandidate challenges the )ualification and claimsfor himself the seat of a proclaimed winner. +nthe absence of an election contest, the 2T iswithout /urisdiction.

A)a$a %. Electo$al Co&&i""io

The 2lectoral Tribunal of each 6ouse is the SHL2/udge of all contests relating to the election,returns, and )ualifications of the members ofongress. +n the absence of election contest, the2lectoral Tribunal has no /urisdiction. The2lectoral Tribunals are independentconstitutional bodies and cannot be regulated byongress.

Supreme ourt has /urisdiction over the 2lectoralommission and the sub/ect matter of thepresent controversy for the purpose ofdetermining the character, scope and e'tent ofthe constitutional grant to the 2lectoral

ommission as 3the sole /udge of all contestsrelating to the election, returns and)ualifications of the members of the Gational*ssembly.3

Re#dicial $e%iew of deci"io" of Electo$al

T$i#al"

-udicial review of decisions of the 2TOs maybe had with the S only insofar as the decisionor resolution was rendered without or in e'cessof /urisdiction or with grave abuse of discretion

tantamount to denial of due process.

Co %. HRET*s constitutional creations invested withnecessary power, the 2lectoral Tribunals,although not powers in the tripartite scheme ofthe government, are, in the e'ercise of theirfunctions independent organs X independent ofongress and the Supreme ourt. The powergranted to 6:2T by the onstitution is intendedto be as complete and unimpaired as if it hadremained originally in the legislature (*ngara vs.2lectoral ommission, ! Phil. 1 1!R#.

0. Co&&i""io o A88oit&et"Co&8o"itio:1. Senate President as e'$officio chairman(hairman shall not vote e'cept in case of a tie.#". 1" Senators. 1" 4embers of the 6ouse

The 1" Senators and 1" :epresentativesare elected on the basis of proportionalrepresentation from the political partiesand party$list organizations.

The * shall be constituted within 8days after the Senate and the 6ouse of:epresentative shall have beenorganized with the election of thePresident and the Speaer.

The * shall act on all appointments

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within 8 session days from theirsubmission to ongress.

The * shall rule by a ma/ority vote ofall its members.

Meeti)": * meets only while ongress is in session. 4eetings are held either at the call of the

hairman or a ma/ority of all its members. Since the * is also an independent

constitutional body, its rules of procedureare also outside the scope of congressionalpowers as well as that of the /udiciary.

>#$i"dictio:1. * shall confirm the appointments by thePresident with respect to the following positions% 6eads of the 2'ecutive >epartments (e'cept

if it is the Dice$President who is appointed tothe post#

*mbassadors, other public ministers orconsuls

Hfficers of the *5P from the ran of olonelor Gaval aptain

Hther officers whose appointments arevested in him by the onstitution (e.g.H42L2 members#

". ongress cannot by law re)uire that theappointment of a person to an office created bysuch law shall be sub/ect to confirmation by the*.. *ppointments e'tended by the President tothe above$mentioned positions while ongress isnot in session shall only be effective untildisapproval by the * or until the ne'tad/ournment of ongress.

C#aa %. TaDa=a %. Si)"oThe court resolves that issue in favor of theauthority of the 6ouse of :epresentatives tochange its representation in the ommission on*ppointments to reflect at any time the changesthat may transpire in the political alignments ofits membership. +t is understood that suchchanges in membership must be permanent anddo not include the temporary alliances orfactional divisions not involving severance ofpolitical loyalties or formal disaffiliation andpermanent shifts of allegiance from one politicalparty to another.

Co"ete) %. Mit$aThe composition of the 6ouse membership in theommission on *ppointments was based onproportional representation of the politicalparties in the 6ouse. There are 1!8 members ofthe L>P in the 6ouse. They represent 0V ofthe 6ouse membership (which may be roundedout to ;8V#. 2ighty percent (;8V# of 1"members in the ommission on *ppointmentswould e)ual .! members, which may berounded out to ten (18# members from the L>P.The remaining two seats were apportioned tothe LP (respondent Lorna Derano$ap# as the

ne't largest party in the oalesced 4a/ority andthe QBL (respondent :o)ue *blan# as theprincipal opposition party in the 6ouse. There isno doubt that this apportionment of the 6ousemembership in the ommission on *ppointments

was done 3on the basis of proportionalrepresentation of the political partiestherein.3The other political parties or groups inthe 6ouse, such as petitioner7s Q*+B* (which ispresumably a member also of the oalesced4a/ority#, are bound by the ma/ority7s choices.2ven if Q*+B* were to be considered as anopposition party, its lone member (petitioneroseteng# represents only .9V or less than 1Vof the 6ouse membership, hence, she is notentitled to one of the 1" 6ouse seats in theommission on *ppointments. To be able toclaim proportional membership in theommission on *ppointments, a political partyshould represent at least ;.9V of the 6ousemembership, i.e., it should have been able toelect at least 10 congressmen orcongresswomen.

#i)oa % o=ale"The provision of Section 1; on proportionalrepresentation is mandatory in character anddoes not leave any discretion to the ma/ority

party in the Senate to disobey or disregard therule on proportional representation& otherwise,the party with a ma/ority representation in theSenate or the house of :epresentatives can bysheer force of numbers impose its will on thehapless minority. By re)uiring a proportionalrepresentation in the ommission on*ppointments, Section 1; in effect wors as achec on the ma/ority party in the Senate andhelps to maintain the balance of power. Go partycan claim more than what it is entitled to undersuch rule. To allow it to elect more than itsproportional share of members is to confer uponsuch a party a greater share in the membership

in the ommission on *ppointments and morepower to impose its will on the minority, who bythe same toen, suffers a diminution of itsrightful membership in the ommission.3

The onstitution does not re)uire that the fullcomplement of 1" Senators be elected to themembership in the ommission on *ppointmentsbefore it can discharge its functions and that it isnot mandatory to elect 1" Senators to theommission. The overriding directive of *rticleD+, Section 1; is that there must be a

proportional representation of the politicalparties in the membership of the ommission on*ppointments and that the specification of 1"members to constitute its membership is merelyan indication of the ma'imum complementallowable under the onstitution. The act of filingup the membership thereof cannot disregard themandate of proportional representation of theparties even if it results in fractional membershipin unusual situations lie the case at bar.

/. Powe$" of Co)$e""

a. ee$al Plea$( Powe$"

. Li&itatio" o t'e le)i"lati%e 8owe$4-5 S#"tati%e li&itatio"

4a5 E+8$e"" "#"tati%e li&itatio"45 I&8lied "#"tati%e li&itatio"

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$ Ieneral :ule% Gon$delegability ofLegislative power

$ 2'ceptions%i. >elegation to the Presidentii.>elegation to local govOts

$Prohibition against passage ofirrepealable laws

Pelae= %. A#dito$ ee$al

415 P$oced#$al Li&itatio"

*rt. D+ Secs "!$"0Section "!. (1# 2very bill passed by theongress shall embrace only one sub/ect whichshall be e'pressed in the title thereof.

("# Go bill passed by either 6ouse shall becomea law unless it has passed three readings onseparate days, and printed copies thereof in itsfinal form have been distributed to its 4embersthree days before its passage, e'cept when thePresident certifies to the necessity of itsimmediate enactment to meet a public calamity

or emergency. ?pon the last reading of a bill, noamendment thereto shall be allowed, and thevote thereon shall be taen immediatelythereafter, and the yeas and nays entered in the-ournal.

Section "0. (1# 2very bill passed by theongress shall, before it becomes a law, bepresented to the President. +f he approves thesame he shall sign it& otherwise, he shall veto itand return the same with his ob/ections to the6ouse where it originated, which shall enter theob/ections at large in its -ournal and proceed toreconsider it. +f, after such reconsideration, two$

thirds of all the 4embers of such 6ouse shallagree to pass the bill, it shall be sent, togetherwith the ob/ections, to the other 6ouse by whichit shall liewise be reconsidered, and if approvedby two$thirds of all the 4embers of that 6ouse,it shall become a law. +n all such cases, thevotes of each 6ouse shall be determined by yeasor nays, and the names of the 4embers votingfor or against shall be entered in its -ournal. ThePresident shall communicate his veto of any billto the 6ouse where it originated within thirtydays after the date of receipt thereof, otherwise,it shall become a law as if he had signed it.

("# The President shall have the power to veto

any particular item or items in an appropriation,revenue, or tariff bill, but the veto shall notaffect the item or items to which he does notob/ect.

c. #e"tio Ho#$A$t. 9I Sec. 11The heads of departments may, upon their owninitiative, with the consent of the President, orupon the re)uest of either 6ouse, as the rules ofeach 6ouse shall provide, appear before and beheard by such 6ouse on any matter pertainingto their departments. @ritten )uestions shall besubmitted to the President of the Senate or the

Speaer of the 6ouse of :epresentatives at leastthree days before their scheduled appearance.+nterpellations shall not be limited to written)uestions, but may cover matters relatedthereto. @hen the security of the State or the

public interest so re)uires and the President sostates in writing, the appearance shall beconducted in e'ecutive session.

d. Le)i"lati%e i%e"ti)atio"

Li&itatio":1. The in)uiry must be in aid of legislation.". The in)uiry must be conducted in accordancewith its duly published rules of procedure.. The rights of persons appearing in or affectedby such in)uiries shall be respected.

Co$olla$ie":1. The power of investigation necessarily includesthe power to punish a contumacious witness forcontempt.". 6owever, legislatureOs power to commit awitness for contempt terminates when thelegislative body ceases to e'ist upon its finalad/ournment. 6ouse of :epresentatives A years Senate A indefinite (Senate, with its staggered

terms, is a continuing body.#. The power to punish for contempt is inherent inongress and this power is sui generis. ?nlesse'pressly authorized, local government units cannote'ercise said power.

A$a#lt %. Na=a$eoThe power of in)uiry, with process to enforce it,is an essential and appropriate au'iliary to thelegislative function. The in)uiry, to be within the

/urisdiction of the legislative body maing it,must be material or necessary to the e'ercise ofa power in it vested by the onstitution, such asto legislate or to e'pel a member. +n order toascertain the character or nature of an in)uiry,

resort must be had to the speech or resolutionunder which such an in)uiry is proposed to bemade.

Hnce an in)uiry is admitted or established to bewithin the /urisdiction of a legislative body tomae, the investigating committee has thepower to re)uire a witness to answer any)uestion pertinent to the sub/ect of the in)uiry,sub/ect of the course to his constitutionalprivilege against self$incrimination.The materiality of a )uestion that it may bepropounded to a witness is determined by itsdirect relation to the sub/ect of the in)uiry andnot by its indirect relation to any proposed or

possible legislation. @here the immateriality ofthe information sought by the legislative bodyfrom a witness is relied upon to contest its

/urisdiction, the ourt is duty bound to passupon the contention. *lthough the legislativebody has the power to mae the in)uiry, theourt is empowered to correct a clear abuse ofdiscretion in the e'ercise of that power.The power of investigation necessarily includesthe power to punish a contumacious witness forcontempt.There is no sound reason to limit the power ofthe legislative body to punish for contempt tothe end of every session and not to the end of

the last session terminating the e'istence of thatbody. @hile the e'istence of the 6ouse of:epresentatives is limited to four years, that ofthe Senate is not so limited. The Senate is acontinuing body which does not ceases to e'ist

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upon the periodical dissolution of the ongressor of the 6ouse of :epresentatives. There is nolimit as to time to the Senate7s power to punishfor contempt in cases where that power mayconstitutionally be e'erted.

A$a#lt %. !ala)ta"The principle that ongress or any of its bodieshas the power to punish recalcitrant witnesses isfounded upon reason and policy. Said powermust be considered implied or incidental to thee'ercise of legislative power, or necessary toeffectuate said power. The Senate being acontinuing body unlie the 6ouse has the powerto order such witness to remain in detention.

!e)=o %. Seate !l#e Rio Co&&itteeThe power of both houses of ongress toconduct in)uiries in aid of legislation is not,therefore, absolute or unlimited. +ts e'ercise iscircumscribed by the afore$)uoted provision ofthe onstitution. Thus, as provided therein, theinvestigation must be 3in aid of legislation inaccordance with its duly published rules of

procedure3 and that 3the rights of personsappearing in or affected by such in)uiries shallbe respected.3 +t follows then that the rights ofpersons under the Bill of :ights must berespected, including the right to due process andthe right not to be compelled to testify againstone7s self. The power to conduct formalin)uiries or investigations is specifically providedfor in Sec. 1 of the Senate :ules of ProcedureIoverning +n)uiries in *id of Legislation. Suchin)uiries may refer to the implementation or re$e'amination of any law or in connection with anyproposed legislation or the formulation of futurelegislation. They may also e'tend to any and all

matters vested by the onstitution in ongressandor in the Senate alone.

e. Act a" a oa$d of ca%a""e$" fo$

P$e"idetial ad 9ice6P$e"idetial electio"Y *rticle D++, Section 9, par 9The returns of every election for President andDice$President, duly certified by the board ofcanvassers of each province or city, shall betransmitted to the ongress, directed to thePresident of the Senate. ?pon receipt of thecertificates of canvass, the President of theSenate shall, not later than thirty days after theday of the election, open all the certificates inthe presence of the Senate and the 6ouse of

:epresentatives in /oint public session, and theongress, upon determination of the authenticityand due e'ecution thereof in the mannerprovided by law, canvass the votes.

Y :ep. *ct Go. 01!!, Section 8

f. Call "8ecial electio fo$ P$e"idet ad9ice6P$e"idetY *rticle D++, Section 18The ongress shall, at ten o7cloc in the morningof the third day after the vacancy in the officesof the President and Dice$President occurs,convene in accordance with its rules without

need of a call and within seven days, enact a lawcalling for a special election to elect a Presidentand a Dice$President to be held not earlier thanforty$five days nor later than si'ty days from thetime of such call. The bill calling such special

election shall be deemed certified underparagraph ", Section "!, *rticle D1 of thisonstitution and shall become law upon itsapproval on third reading by the ongress.*ppropriations for the special election shall becharged against any current appropriations andshall be e'empt from the re)uirements ofparagraph 9, Section "

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'. A88$o%e P$e"idetial a&e"tie"Y *rticle D++, Section 12'cept in cases of impeachment, or as otherwiseprovided in this onstitution, the President maygrant reprieves, commutations, and pardons,and remit fines and forfeitures, after convictionby final /udgment.6e shall also have the power to grant amnestywith the concurrence of a ma/ority of all the4embers of the ongress.

i. Cofi$& ce$tai a88oit&et"

!( Co)$e""Y *rticle D++, Section @henever there is a vacancy in the Hffice of theDice$President during the term for which he waselected, the President shall nominate a Dice$President from among the 4embers of theSenate and the 6ouse of :epresentatives whoshall assume office upon confirmation by ama/ority vote of all the 4embers of both 6ousesof the ongress, voting separately.!( Co&&i""io o A88oit&et"

Sa$&ieto %. Mi"o+n Sarmiento vs. 4ison, et al. (1

Y *rticle D++, Section 11, par 9+f the ongress, within ten days after receipt ofthe last written declaration, or, if not in session,

within twelve days after it is re)uired toassemble, determines by a two$thirds vote ofboth 6ouses, voting separately, that thePresident is unable to discharge the powers andduties of his office, the Dice$President shall act

as President& otherwise, the President shallcontinue e'ercising the powers and duties of hisoffice.

&. Powe$ of i&8eac'&eti. who are sub/ect to impeachmentY *rticle C+, Section "The President, the Dice$President, the 4embersof the Supreme ourt, the 4embers of theonstitutional ommissions, and theHmbudsman may be removed from office onimpeachment for, and conviction of, culpableviolation of the onstitution, treason, bribery,graft and corruption, other high crimes, orbetrayal of public trust. *ll other public officersand employees may be removed from office asprovided by law, but not by impeachment.

ii. grounds for impeachmentY *rticle C+, Section "

iii. Procedure for impeachmentY *rticle C+, Section (1#$(!#(1# The 6ouse of :epresentatives shall have the

e'clusive power to initiate all cases ofimpeachment.("# * verified complaint for impeachment maybe filed by any 4ember of the 6ouse of:epresentatives or by any citizen upon aresolution or endorsement by any 4emberthereof, which shall be included in the Hrder ofBusiness within ten session days, and referred tothe proper ommittee within three session daysthereafter. The ommittee, after hearing, and bya ma/ority vote of all its 4embers, shall submitits report to the 6ouse within si'ty session daysfrom such referral, together with thecorresponding resolution. The resolution shall be

calendared for consideration by the 6ouse withinten session days from receipt thereof.(# * vote of at least one$third of all the4embers of the 6ouse shall be necessary eitherto affirm a favorable resolution with the *rticlesof +mpeachment of the ommittee, or overrideits contrary resolution. The vote of each 4embershall be recorded.(9# +n case the verified complaint or resolutionof impeachment is filed by at least one$third ofall the 4embers of the 6ouse, the same shallconstitute the *rticles of +mpeachment, and trialby the Senate shall forthwith proceed.(

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convicted shall nevertheless be liable andsub/ect to prosecution, trial, and punishment,according to law.

vi. 4ust impeachment precede filing of criminalcaseF

Leca$o= %. Sadi)aa(aes, it wonOt prosper if no conviction

. Powe$ wit' $e)a$d to #tili=atio ofat#$al $e"o#$ce"

Y *rticle C++, Section "*ll lands of the public domain, waters, minerals,coal, petroleum, and other mineral oils, all forcesof potential energy, fisheries, forests or timber,wildlife, flora and fauna, and other naturalresources are owned by the State. @ith thee'ception of agricultural lands, all other naturalresources shall not be alienated. Thee'ploration, development, and utilization ofnatural resources shall be under the full controland supervision of the State. The State maydirectly undertae such activities, or it may

enter into co$production, /oint venture, orproduction$sharing agreements with 5ilipinocitizens, or corporations or associations at leastsi'ty per centum of whose capital is owned bysuch citizens. Such agreements may be for aperiod not e'ceeding twenty$five years,renewable for not more than twenty$five years,and under such terms and conditions as may beprovided by law. +n cases of water rights forirrigation, water supply fisheries, or industrialuses other than the development of waterpower, beneficial use may be the measure andlimit of the grant.The State shall protect the nation7s marine

wealth in its archipelagic waters, territorial sea,and e'clusive economic zone, and reserve itsuse and en/oyment e'clusively to 5ilipinocitizens.The ongress may, by law, allow small$scaleutilization of natural resources by 5ilipinocitizens, as well as cooperative fish farming, withpriority to subsistence fishermen and fish$worers in rivers, laes, bays, and lagoons.The President may enter into agreements withforeign$owned corporations involving eithertechnical or financial assistance for large$scalee'ploration, development, and utilization ofminerals, petroleum, and other mineral oilsaccording to the general terms and conditions

provided by law, based on real contributions tothe economic growth and general welfare of thecountry.+n such agreements, the State shallpromote the development and use of localscientific and technical resources.The President shall notify the ongress of everycontract entered into in accordance with thisprovision, within thirty days from its e'ecution.

o. A&ed&et of t'e co"tit#tioY *rticle CD++, Sections 1$"Section 1. *ny amendment to, or revision of,this onstitution may be proposed by%(1# The ongress, upon a vote of three$fourths

of all its 4embers& or("# * constitutional convention.Section ". *mendments to this onstitution mayliewise be directly proposed by the peoplethrough initiative upon a petition of at least

twelve per centum of the total number ofregistered voters, of which every legislativedistrict must be represented by at least threeper centum of the registered voters therein. Goamendment under this section shall beauthorized within five years following theratification of this onstitution nor oftener thanonce every five years thereafter.The ongress shall provide for theimplementation of the e'ercise of this right.

Y *rticle CD (1< onstitution#The ongress in /oint session assembled, by avote of three$fourths of all the 4embers of theSenate and of the 6ouse of :epresentativesvoting separately, may propose amendments tothis onstitution or call a convention for thatpurpose. Such amendments shall be valid aspart of this onstitution when approved by ama/ority of the votes cast at an election at whichthe amendments are submitted to the people fortheir ratification.

. Le)i"lati%e P$oce""

a. Re

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". Senate President. Speaer of the 6ouse9. hief -ustice of the Supreme ourt+S:2T+HG*: 5?G>S appropriated 5H:P*:T+?L*: H55++*LS shall be disbursed only%Y 5or public purposesY To be supported by appropriate vouchersY Sub/ect to such guidelines as may beprescribed by lawY Go public money or property shall beappropriatedY +f ongress fails to pass the generalappropriations bill by the end of any fiscal year%Y The general appropriations bill for theprevious year is deemed reenactedY +t shall remain in force and effect until thegeneral appropriations bill is passed byongress.

*o$ S8ecial A88$o8$iatio" !illY Shall specify the purpose for which it isintended

Y Shall be supported by funds actuallyavailable as certified by the Gational Treasureror to be raised by corresponding revenueproposal therein

Li&itatio o U"e of P#lic *#d"A$t. 9I,1

Y Go money shall be paid out of the GationalTreasury 2C2PT in pursuance of anappropriation made by law.Y 6owever, this rule does not prohibitcontinuing appropriations, e.g. for debtservicing, for the reason that this rule does notre)uire yearly or annual appropriation.

Limitations%Y *ppropriations must be for a P?BL+P?:PHS2Y annot appropriate public funds or property,directly or indirectly, in favor of1. *ny sect, church, denomination, or sectarianinstitution or system of religion or". *ny priest, preacher, minister, or otherreligious teacher or dignitary as such.2C2PT if the priest, etc is assigned to%1. the *rmed 5orces& or". any penal institution& or. government orphanage& or9. leprosarium

Y 6owever, the government is not prohibitedfrom appropriating money for a valid secularpurpose, even if it incidentally benefits areligion, e.g. appropriations for a national policeforce is valid even if the police also protects thesafety of clergymen.Y *lso, the temporary use of public propertyfor religious purposes is valid, as long as theproperty is available for all religions.

De&et$ia %". AlaThe provision in )uestion unduly overe'tendsthe privilege granted to the president under Sec.1! (epartment of 2ducation, ulture and Sportsunder the Ieneral *ppropriations *ct (:.*. Go.!;1#, is the highest budgetary allocationamong all department budgets. This is a clearcompliance with the the constitutional mandateaccording highest priority to education. 6avingfaithfully complied therewith, ongress iscertainly not without any power, guided only byits good /udgment, to provide an appropriation,that can reasonably service our enormous debt,the greater portion of which was inherited fromthe previous administration. +t is not only amatter of honor and to protect the creditstanding of the country. 4ore especially, thevery survival of our economy is at stae. Thus, if

in the process ongress appropriated an amountfor debt service bigger than the share allocatedto education, the ourt finds and so holds thatsaid appropriation cannot be thereby assailed asunconstitutional.

5our phases of IovernmentOs budgeting process. Budget preparation Legislative authorization Budget e'ecution Budget accountability

45 Ta+ law":e)uirement% Go law granting any ta'

e'emption shall be passed without theconcurrence of a 4*-H:+T of *LL the membersof the ongress.

onstitutional Ta' 2'emptions%1. The following properties are e'empt from:2*L P:HP2:T ta'es%a. haritable institutionsb. hurches, and parsonages or conventsappurtenant theretoc. 4os)uesd. Gon$profit cemeteries& ande. *ll lands, buildings and improvementsactually, directly and e'clusively used for

religious, charitable, or educational purposes.

". *ll revenues and assets of GHG$STHQ GHG$P:H5+T 2>?*T+HG*L institutions are e'emptfrom ta'es and duties P:HD+>2> that suchrevenues and assets are actually, directly ande'clusively used for educational purposes (*rt.C+D sec. 9 (##.. Irants, endowments, donations orcontributions used actually, directly ande'clusively for educational purposes shall bee'empt from ta', sub/ect to conditionsprescribed by law (*rt. C+D sec. 9 (9##.

Limitations%1. The rule of ta'ation shall be ?G+5H:4 and2J?+T*BL2.". ongress shall evolve a P:HI:2SS+D2system of ta'ation.

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. The power to ta' must be e'ercised for apublic purpose because the power e'ists for thegeneral welfare9. The due process and e)ual protectionclauses of the onstitution should be observed.

S8ecial *#d"Y 4oney collected on a ta' levied for a specialpurpose shall be treated as a special fund andpaid out for such purpose only.Y Hnce the special purpose is fulfilled orabandoned, any balance shall be transferred tothe general funds of the Iovernment

4* v. ollector of +nternal :evenue!i"'o8 of N#e%a Se)o%ia %. P$o%icial !oa$d

P$o%ice of A$a %. He$adoA8o"tolic P$efect %. T$ea"#$e$

. P$oced#$e fo$ t'e 8a""a)e of ill"Bills that 4ust Hriginate from the 6ouse of:epresentatives%

1. *ppropriation bills (* bill appropriating asum of money from the public treasury.#$ * bill creating a new office, and appropriatingfunds therefor is GHT an appropriation bill.". :evenue bills (* bill specifically designed toraise money or revenue through imposition orlevy.#. * law regulating an industry, thoughincidentally imposing a ta', does not mae thelaw a revenue bill.9. Tariff bills

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!e)=o %". D$iloPresident *)uino vetoed the appropriation of the(increased# pension of retired /ustices setting upas a defense the standardization ofcompensation in the government.

The act of the 2'ecutive in vetoing the particularprovisions is an e'ercise of a constitutionallyvested power. But even as the onstitutiongrants the power, it also provides limitations toits e'ercise. The veto power is not absolute. Thepertinent provision of the onstitution reads%3The President shall have the power to veto anyparticular item or items in an appropriation,revenue or tariff bill but the veto shall not affectthe item or items to which he does not ob/ect.3(Section "0("#, *rticle D+, onstitution# The HSIis correct when it states that the 2'ecutive mustveto a bill in its entirety or not at all. 6e or shecannot act lie an editor crossing out specificlines, provisions, or paragraphs in a bill that heor she dislies. +n the e'ercise of the vetopower, it is generally all or nothing.

6owever, when it comes to appropriation,revenue or tariff bills, the *dministration needsthe money to run the machinery of governmentand it can not veto the entire bill even if it maycontain ob/ectionable features. The President is,therefore, compelled to approve into law theentire bill, including its undesirable parts. +t isfor this reason that the onstitution has wiselyprovided the 3item veto powers3 to avoidine'pedient riders being attached to anindispensable appropriation or revenue measure.

The onstitution provides that only a particularitem or items may be vetoed. The power to

disapprove any item or items in an appropriatebill does not grant the authority to veto a part ofan item and to approve the remaining portion ofthe same item.

*n item is distinguished from a provision in thefollowing manner% 3The terms item and provisionin budgetary legislations and practice areconcededly different. *n ite&in a bill refers tothe particulars, the details, the distinct andseverable parts . . . of the bill. +t is an indivisiblesum of money dedicated to a stated purpose. *n7item7 of an appropriation bill means an itemwhich in itself is a specific appropriation ofmoney, not some general provision of law, which

happens to be put into an appropriation bill.73

The president cannot veto unavoidableobligations such as the payment of Pensionswhich has already been vested by the law. Theveto is invalid since it is violated the separationof property and the /udiciaryOs fiscal autonomy.

d. Le)i"lati%e %etoe"

Mille$ %. Pa$do

e. Effecti%it( of law"

Y *rticle " (#Laws shall tae effect after fifteen days followingthe completion of their publication in the HfficialIazette, unless it is otherwise provided. Thiscode shall tae effect one year after such

publication.

Y 2'ecutive Hrder Go. "88 (-une 1;, 1;0#

Taada %". T#%e$a>ue process re)uires that laws of generalapplication to have force and effect must bepublished.

Taada %". T#%e$a, Re"ol#tio of M*R

The prior publication of laws before they becomeeffective cannot be dispensed with.

-G. Iitiati%e ad Refe$ed#&

*rt. D+, Z"The ongress shall, as early as possible, providefor a system of initiative and referendum, andthe e'ceptions therefrom, whereby the peoplecan directly propose and enact laws or approveor re/ect any act or law or part thereof passedby the ongress or local legislative body afterthe registration of a petition therefor signed byat least ten per centum of the total number ofregistered voters, of which every legislative

district must be represented by at least threeper centum of the registered voters thereof.:* !0< (*ug 9, 1;#

II. EECUTI9E DEPARTMENT

A. THE PRESIDENT

-. #alificatio", electio, te$& ad oat'

A$t. 9II, Sec. 1. Go person may be electedPresident unless he is a natural$born citizen ofthe Philippines, a registered voter, able to readand write, at least forty years of age on the day

of the election, and a resident of the Philippinesfor at least ten years immediately precedingsuch election.

The candidate must be )ualified on the day ofthe elections. Bear in mind that residency anddomicile mean the same thing under electionlaw, i.e., the ff must be taen into consideration%bodily presence, animus manendiand animusrevertendi.

A$t. 9II, Sec. B. The President and the Dice$President shall be elected by direct vote of thepeople for a term of si' years which shall begin

at noon on the thirtieth day of -une ne'tfollowing the day of the election and shall end atnoon of the same date si' years thereafter. ThePresident shall not be eligible for any reelection.Go person who has succeeded as President andhas served as such for more than four yearsshall be )ualified for election to the same officeat any time. Go Dice$President shall serve formore than two successive terms. Doluntaryrenunciation of the office for any length of timeshall not be considered as an interruption in thecontinuity of the service for the full term forwhich he was elected. ?nless otherwiseprovided by law, the regular election forPresident and Dice$President shall be held on thesecond 4onday of 4ay. The returns of everyelection for President and Dice$ President, dulycertified by the board of canvassers of eachprovinces or city, shall be transmitted to the

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ongress, directed to the President of theSenate. ?pon receipt of the certificates ofcanvass, the President of the Senate shall, notlater than thirty days after the day of election(wc is the "nd Tuesday of -une#, open all thecertificates in the presence of the Senate and6ouse of :epresentatives in /oint public session,and the ongress, upon determination of theauthenticity and due e'ecution thereof in themanner provided by law, canvass (i.e., tally thecertificates of canvass# the votes. Thepersons having the highest number of votesshall be proclaimed elected, but in case two ormore shall have an e)ual and highest number ofvotes (tie#, one of them shall forth with bechosen by the vote of a ma/ority of all themembers of ongress, voting separately. Theongress shall promulgate its rules for thecanvassing of the certificates. The Supremeourt, sitting en banc, shall be the sole /udge ofall contests relating to the election, returns, and)ualifications of the President, or Dice$President,and may promulgate its rules for the purpose.

Electio ad Te$& of P$e"idet

:egular 2lection and TermThe President and Dice$President (who shall beelected with and in the same manner as thePresident# shall be elected by direct vote of thepeople for a term of ! years, which shall beginon the noon of -une 8 ne't following the day ofelection. The regular election for President andDice$President shall be held on the "nd 4ondayof 4ay. (*rt. D++, Sec. 9 pars. 1 = #.Special2lection and Term +f a vacancy occurs inthe offices of President and Dice$ President morethan 1; months before the date of the ne't

regular presidential election, a special election toelect the President and Dice$President shall becalled by ongress, pursuant to D++, 18. (Seediscussion under Hther Powers of ongress,supra and Succession, infra.#

* conditional resignation by theincumbent President is not a real resignationthat creates a vacancy for the purpose of callinga special election. But in the P'ili88ie !a$A""ociatio, Ic. % COMELEC, the failure ofthe S to issue an in/unction on time is already adecision in itself in favor of the validity of thelaw calling for Snap 2lections despite theabsence of vacancy& only, it is a decision that is

not supported by a ratio decidendi. +ndeed, amidterm election in a presidential system ofgovernment in response to popular clamor for it,is a legal anomaly. The onstitution issilent as to whether the persons elected in thespecial election sha