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CONSTITUTIONAL LAW I REVIEWER
I. NATURE AND PURPOSE OF THE CONSTITUTION
Tanada and Fernando: "a written instrument organiing t!e go"ernment#
$istri%uting its &owers an$ sa'eguar$ing t!e rig!ts o' t!e Peo&(e ."
Malcolm and Laurel: "t!e written instrument %) w!i*! t!e 'un$amenta(
&owers o' go"ernment are esta%(is!e$ (imite$ an$ $e'ine$# an$ %) w!i*!
t!ose &owers are $istri%ute$ among t!e se"era( $e&artments 'or t!eir sa'e
an$ use'u( e+er*ise 'or t!e %ene'it o' t!e %o$) &o(iti* ."
II. CHAN,IN, THE CONSTITUTION
Arti*(e -VII# Se*. - Any amen$ment to, or re"isionof, this Constitution may
be proposed by:(! The Congress, upon a ote of t!ree/'ourt!s o' a(( its 0em%ers# or($! A *onstitutiona( *on"ention (by a ote of t%o-thirds or ma&ority of all its
Members!
Arti*(e -VII# Se*. 1- Amen$mentsto this Constitution may li'e%ise be
- Dire*t() &ro&ose$ %) t!e &eo&(e (eople)s *nitiatie! initiatie upon a
petition of at (east twe("e &er *entum o' t!e tota( num%er o' registere$"oters, of %hich eery le+islatie district must be represented by at least
three per centum of the re+istered oters therein.
LA02INO "s. CO0ELEC
The Lambino roup miserably failed to comply %ith the basic reuirements of the
Constitution for conductin+ a people)s initiatie. The Constitution reuires that the
amendment must be "directly proposed by the people throu+h initiatie upon a petition."
- Lambinos +roup 'ai(e$ to in*(u$e t!e 'u(( te+t o' t!e &ro&ose$ *!anges in
t!e signature s!eets-- a fatal omission, accordin+ to the /upreme Courtrulin+, because it means a ma&ority of the 0.1 million people %ho si+ned the
si+nature sheets could not hae 'no%n the nature and effect of the proposed
chan+es.
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- A &eo&(e3s initiati"e to chan+e the Constitution a&&(ies on() to an
amen$ment o' t!e Constitution an$ not to its re"ision. 2nly Con+ress or
a constitutional conention may propose reisions to the Constitution. A
people)s initiatie may propose only amendments to the Constitution.
"A popular clamor, even one backed by 6.3 million signatures, cannot justify adeviation from the specific modes prescribed in the Constitution itself."
-- /upreme Court
III. NATURE OF 4UDICIAL POWER5REVIEW- The6u$i*ia( &owershall be ested in one /upreme Court and in such lo%er
courts as may be established by la%. (/ec , Art 3***!
S*o&e7. To settle actual controersies inolin+ ri+hts %hich are le+ally
demandable and enforceable.$. To determine %hether or not there has been a +rae abuse of discretion
amountin+ to lac' or e4cess of &urisdiction on the part of any branch or
instrumentality of the +oernment.
THEOR8 OF 4UDICIAL REVIEW
0AR2UR8 "s. 0ADISON 9US CASE:
The Su&reme Court !as t!e aut!orit) to re"iew a*ts o' Congress an$ $eterminew!et!er t!e) are un*onstitutiona( an$ t!ere'ore "oi$.*t is emphatically the duty of
the 5udicial 6epartment to say %hat the la% is. Those %ho apply the rule to particular
cases must, of necessity, e4pound and interpret the rule. I' two (aws *on'(i*t wit!
ea*! ot!er# t!e Court must $e*i$e on t!e o&eration o' ea*!. I' *ourts are to regar$
t!e Constitution# an$ t!e Constitution is su&erior to an) or$inar) a*t o' t!e
(egis(ature# t!e Constitution# an$ not su*! or$inar) a*t# must go"ern t!e *ase to
w!i*! t!e) %ot! a&&().
AN,ARA "s. ELECTORAL CO00ISSION
7hen the Court a((o*ates *onstitutiona( %oun$aries, it neit!er asserts su&rema*),
nor annu(s t!e a*ts o' t!e (egis(ature. *t simply carries out the obli+ations imposed
upon it by the constitution to determine conflictin+ claims and to establish for the parties
the ri+hts %hich the constitution +rants to them.
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olitical >uestion - the determination by a court (particularly the /upreme Court!
that an issue raised about the conduct of public business is a "political" issue to
be determined by the le+islature (includin+ Con+ress! or the e4ecutie branch
and not by the courts.
Moot and Academic- A case becomes moot %hen there are facts, in&uries and
heated ar+uments but for some reason the le+al problem has become stale.
7hen a case is moot and academic, it ceases to be a case and controersy. Any
decision reached by the court %ould not be conclusie on the parties.
LACSON "s. Pere
resident Macapa+al-Arroyo ordered the liftin+ of roc. o. 1= on May 0, $0,
accordin+ly the instant petition has been rendered moot and academic. ?espondents
hae declared that the 5ustice 6epartment and the police authorities intend to obtain
re+ular %arrants of arrests from the courts for all acts committed prior to and until May, $. Dnder /ection , ?ule 1 of the ?ules of Court, authorities may only resort to
%arrantless arrests of persons suspected of rebellion in suppressin+ the rebellion if the
circumstances so %arrant, thus the %arrantless arrests are not based on roc. o. 1=.
Petitioner3s &ra)er 'or man$amus an$ &ro!i%ition is im&ro&er at t!is time
%e*ause an in$i"i$ua( warrant(ess() arreste$ !as a$e;uate reme$ies in (aw. *f the
detention should hae no le+al +round, the arrestin+ officer can be char+ed %ith
arbitrary detention, not pre&udicial to claim of dama+es under Article 1$ of the Ciil
Code. Petitioners were neit!er assai(ing t!e "a(i$it) o' t!e su%6e*t !o($ $e&arture
or$ers# nor were t!e) e+&ressing an) intention to (ea"e t!e *ountr) in t!e near
'uture. etitioners) prayer for relief re+ardin+ their alle+ed impendin+ %arrantless
arrests is premature bein+ that no complaints hae been filed a+ainst them for any
crime, furthermore, the %rit of habeas corpus is uncalled for since its purpose is to
reliee unla%ful restraint %hich etitioners are not sub&ected to.
DEFUNIS "s. ODE,AARD
A Dnited /tates /upreme Court case decided on April $1,
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the ability to +raduate. Nor was t!is a ;uestion t!at was
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*G)s fundamental purpose that is to eleate the standards of the la% profession
improe the administration of &ustice, cannot be affected by the deployment of the
Marines.
TANADA "s. TUVERA
The petitioners hae le+al standin+. The /upreme Court has already decided in arious
cases that a &art) !as a *ause o' a*tion w!en t!e ;uestion &ose$ is one o' &u%(i*
rig!t an$ t!e o%6e*t o' t!e man$amus is to &ro*ure t!e en'or*ement o' a &u%(i*
$ut). Dnder such, the people are re+arded as the real party in interest and the relator at
%hose insti+ation the proceedin+s are instituted need not sho% that he has any le+al or
special interest in the result, it bein+ sufficient to sho% that he is a citiHen and as such
interested in the e4ecution of the la%s.
As to the necessity of publication, the /upreme Court ruled that la%s should be
published. The clear ob&ect of such is to +ie the +eneral public adeuate notice of the
arious la%s %hich are to re+ulate their actions and conduct as citiHens. 7ithout such
notice and publication, there %ould be no basis for the application of the ma4im
"i+norantia le+is non e4cusat." *t %ould be the hei+ht of in&ustice to punish or other%ise
burden a citiHen for the trans+ression of a la% of %hich he had no notice %hatsoeer,
not een a constructie one.
OPLE "s. TORRES
The petitioner has le+al standin+. As is usual in constitutional liti+ation, respondents
raise the threshold issues relatin+ to the standin+ to sue of the petitioner and the
&usticiability of the case at bar. More specifically, respondents aer that petitioner has no
le+al interest to uphold and that the implementin+ rules of A.2. o. 1= hae yet to be
promul+ated. These submissions do not desere our sympathetic ear. etitioner 2ple is
a distin+uished member of our /enate. As a /enator, petitioner is possessed of the
reuisite standin+ to brin+ suit raisin+ the issue that the issuance of A.2.o. 1= is a
usurpation of le+islatie po%er.
As ta4payer and member of the oernment /erice *nsurance /ystem (/*/!,
petitioner can also impu+n the le+ality of the misali+nment of public funds and the
misuse of /*/ funds to implement A.2. o. 1=. The ripeness for ad&udication of the
etition at bar is not affected by the fact that the implementin+ rules of A.2.o. 1=
hae yet to be promul+ated. etitioner 2ple assails A.2. o. 1= as inalid per se and
as infirmed on its face. Bis action is not premature for the rules yet to be promul+ated
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cannot cure its fatal defects. Moreoer, the respondents themseles hae started the
implementation of A.2. o. 1= %ithout %aitin+ for the rules. As early as 5anuary
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The hilippine oernment has not abdicated its soerei+nty oer the bases as part of
the hilippine territory or diested itself completely of &urisdiction oer offenses
committed therein. Dnder the terms of the treaty, the Dnited /tates oernment has
prior or preferential but not e4clusie &urisdiction of such offenses. The hilippine
oernment retains not only &urisdictional ri+hts not +ranted, but also all such ceded
ri+hts as the Dnited /tates Military authorities for reasons of their o%n decline to ma'e
use of (Military Gases A+reement!. Bence, in the e4ercise of its soerei+nty, the /tate
throu+h the City of 2lon+apo does hae administratie &urisdiction oer the lot located
%ithin the D/ aal Gase.
1. Peo&(e - inhabitants of the /tate.
ARTICLE 1
ISe*tion . The hilippines is a democratic and republican /tate.
/oerei+nty resides in the people and all +oernment authority emanatesfrom them.J
ISe*tion @. The prime duty of the oernment is to sere and protect the
people. The oernment may call upon the people to defend the /tate
and, in the fulfillment thereof, all citiHens may be reuired, under
conditions proided by la%, to render personal, military or ciil serice.J
ISe*tion . The /tate shall protect and promote the ri+ht to health of the
people and instill health consciousness amon+ them.J
ISe*tion . The /tate shall protect and adance the ri+ht of the people to
a balanced and healthful ecolo+y in accord %ith the rhythm and harmony
of nature.J
ARTICLE ?
ISe*tion .o person shall be depried of life, liberty, or property %ithout
due process of la%, nor shall any person be denied the eual protection of
the la%s.J
ISe*tion 1.The ri+ht of the people to be secure in their persons, houses,
papers, and effects a+ainst unreasonable searches and seiHures of
%hateer nature and for any purpose shall be iniolable, and no search
%arrant or %arrant of arrest shall issue e4cept upon probable cause to be
determined personally by the &ud+e after e4amination under oath or
affirmation of the complainant and the %itnesses he may produce, and
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particularly describin+ the place to be searched and the persons or thin+s
to be seiHed.J
ISe*tion . The ri+ht of the people to information on matters of public
concern shall be reco+niHed. Access to official records, and to documents
and papers pertainin+ to official acts, transactions, or decisions, as %ell as
to +oernment research data used as basis for policy deelopment, shall
be afforded the citiHen, sub&ect to such limitations as may be proided by
la%.J
ARTICLE
ISe*tion @.The resident and the 3ice-resident shall be elected by
direct ote of the people for a term of si4 years %hich shall be+in at noon
on the thirtieth day of 5une ne4t follo%in+ the day of the election and shall
end at noon of the same date, si4 years thereafter. The resident shall not
be eli+ible for any re-election. o person %ho has succeeded as resident
and has sered as such for more than four years shall be ualified for
election to the same office at any time.
o 3ice-resident shall sere for more than t%o successie terms.
3oluntary renunciation of the office for any len+th of time shall not be
considered as an interruption in the continuity of the serice for the full
term for %hich he %as elected.
Dnless other%ise proided by la%, the re+ular election for resident and
3ice-resident shall be held on the second Monday of May.
The returns of eery election for resident and 3ice-resident, duly
certified by the board of canassers of each proince or city, shall be
transmitted to the Con+ress, directed to the resident of the /enate. Dpon
receipt of the certificates of canass, the resident of the /enate shall, not
later than thirty days after the day of the election, open all the certificates
in the presence of the /enate and the Bouse of ?epresentaties in &oint
public session, and the Con+ress, upon determination of the authenticityand due e4ecution thereof in the manner proided by la%, canass the
otes.
The person hain+ the hi+hest number of otes shall be proclaimed
elected, but in case t%o or more shall hae an eual and hi+hest number
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of otes, one of them shall forth%ith be chosen by the ote of a ma&ority of
all the Members of both Bouses of the Con+ress, otin+ separately.
The Con+ress shall promul+ate its rules for the canassin+ of the
certificates.
The /upreme Court, sittin+ en banc, shall be the sole &ud+e of all contests
relatin+ to the election, returns, and ualifications of the resident or 3ice-
resident, and may promul+ate its rules for the purpose.J
ARTICLE
ISe*tion 1.The Con+ress may, by la%, adopt a ne% name for the country,
a national anthem, or a national seal, %hich shall all be truly reflectie and
symbolic of the ideals, history, and traditions of the people. /uch la% shall
ta'e effect only upon its ratification by the people in a national
referendum.J
ARTICLE
ISe*tion 1.After the e4piration in
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Dnder the ciil code, property may either be under public dominion or priate o%nership.
Those under public dominion are o%ned by the /tate and are utiliHed for public use,
public serice and for the deelopment of national %ealth. The ports included in the
public dominion pertain either to seaports or airports. 7hen properties under public
dominion cease to be for public use and serice, they form part of the patrimonial
property of the /tate. The court held that the land and buildin+s of M*AA are part of the
public dominion. /ince the airport is deoted for public use, for the domestic and
international trael and transportation. 9en if M*AA char+e fees, this is for support of its
operation and for re+ulation and does not chan+e the character of the land and
buildin+s of M*AA as part of the public dominion. As part of the public dominion the land
and buildin+s of M*AA are outside the commerce of man. To sub&ect them to ley and
public auction is contrary to public policy. Dnless the resident issues a proclamation
%ithdra%in+ the airport land and buildin+s from public use, these properties remain to
be of public dominion and are inalienable. As lon+ as the land and buildin+s are for
public use the o%nership is %ith the ?epublic of the hilippines.
o C2/T*TD9T M**/T?AT FDCT*2/
VAL0ONTE "s. 2EL0ONTE
The cornerstone of this republican system of +oernment is dele+ation of po%er by the
people to the state. oernmental a+encies and institutions operate %ithin the limits of
the authority conferred by the people. Oet, li'e all constitutional +uarantees, the ri+ht to
information is not absolute. eople)s ri+ht to information is limited to Imatters of public
concernJ and is further Isub&ect to such limitations as may be proided by la%.JThe/*/ is a trustee of contributions from the +oernment and its employees and the
administrator of arious insurance pro+rams for the benefit of the latter. Dndeniably, its
funds assume a public character. More particularly, /ecs. (b! and80 of .6 80, as
amended (the ?eised oernment /erice *nsurance act of
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0ACARIOLA "s. ASUNCION
o. The respondent 5ud+e Asuncion)s actuation does not constitute of an Iact
unbecomin+ of a &ud+eJ. Gut he is reminded to be more discreet in his priate and
business actiities.
/C ruled that the prohibition in Article 8
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CitiHens of the hilippines at the time of the adoption of the
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94press renunciation or e4patriation /ec. ($!, CA 01R
Ta'in+ an oath of alle+iance to another country upon reachin+ the a+e of ma&ority
Acceptin+ a commission and serin+ in the armed forces of another country,
unless there is an offensieN defensie pact %ith the country, or it maintains
armed forces in ? %ith ?)s consent
6enaturaliHation
Gein+ found by final &ud+ment to be a deserter of the AF
Marria+e by a Filipino %oman to an alien, if by the la%s of her husband)s country,
he becomes a citiHen thereof.
HOW 0A8 CITIENSHIP 2E REAC=UIREDG
. Natura(iation(CA o. 01 and CA o. 8;1!
no% an abbreiated process, %ith no need to %ait for 1 years ( year for
declaration of intent, and $ years for the &ud+ment to become e4ecutory!
RE=UIRE0ENTS7
a.! be $ years of a+e
b.! be a resident for 0 months
c.! hae +ood moral character
d.! hae no disualification
$. Re&atriation
%oman %ho by her marria+e lost her citiHenship
those declared by authorities to be deserters of the Armed Forces
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1. Legis(ati"e A*t
both a mode of acuirin+ and reacuirin+ citiHenship
DUAL ALLE,IANCE 9SEC # ART IV:
aliens %ho are naturaliHed as Filipinos but remain loyal to their country of ori+in
public officers %ho, %hile serin+ the +oernment, see' citiHenship in another
country
disualified from runnin+ for any electie local position. (/ec 8d, Local
oernment Code
REPU2LIC "s. CHULE LI0
. o. The ?epublic aers that respondent did not comply %ith the constitutional
reuirement of electin+ Filipino citiHenship %hen she reached the a+e of ma&ority as
mandated in Article *3, /ection (1! of the
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T!e $o*trine t!at $isa((ows su*! *!ange o' name as wou($ gi"e t!e 'a(se
im&ression o' 'ami() re(ations!i& remains "a(i$ %ut on() to t!e e+tent t!at t!e
&ro&ose$ *!ange o' name wou($ in great &ro%a%i(it) *ause &re6u$i*e or 'uture
mis*!ie' to t!e 'ami() w!ose surname it is t!at is in"o("e$ or to t!e *ommunit) in
genera(. *n this case, the ?epublic has not sho%n that the Ou family in China %ould
probably be pre&udiced or be the ob&ect of future mischief.
CALILUN, "s. DATU0ANON,
o. /ection , Article *3 of the Constitution is a declaration of a policy and it is not a
self-e4ecutin+ proision. The le+islature still has to enact the la% on dual alle+iance. *n
/ections $ and 1 of ?ep. Act o.
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VI. THE DOCTRINE OF STATE I00UNIT8
The /tate may not be sued %ithout its consent. (/ec 1, Art P3*!
There can be no le+al ri+ht as a+ainst the authority that ma'es the la%s on
%hich the ri+ht depends.
*f the /tate is amenable to suits, all its time %ould be spent defendin+ itself
from suits and this %ould preent it for performin+ it other functions.
A. A suit is a+ainst the /tate re+ardless of %ho is named the defendant if:
*t produces aderse conseuences to the public treasury in terms of
disbursement of public funds and loss of +oernment property.
cannot prosper unless the /tate has +ien its consent
2. *n the follo%in+ cases, it %as held that the suit is not a+ainst the /tate:
a! 7hen the purpose of the suit is to compel an officer char+ed %ith the duty of ma'in+
payments pursuant to an appropriation made by la% in faor of the plaintiff to ma'e
such payment, since the suit is intended to compel performance of a ministerial duty.
b! 7hen from the alle+ations in the complaint, it is clear that the respondent is a public
officer sued in a priate capacity#
c! %hen the action is not in personam %ith the +oernment as the named defendant, but
an action in rem that does not name the +oernment in particular.
C. HOW THE STATE3S CONSENT TO 2E SUED IS ,IVENG
. E+&ress *onsent - *t is effected only by the %ill of the le+islature throu+h the medium
of a duly enacted statute.
0a) %e em%o$ie$ eit!er in a7
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eneral La% - authoriHes any person %ho meets the conditions stated in the la%
to sue the +oernment in accordance %ith the procedure in the la%.
/pecial La% - may come in the form of a priate bill authoriHin+ a named
indiidual to brin+ suit on a special claim.
$. Im&(ie$ *onsent - %hen the /tate enters into a business contract or itself
commences liti+ation.
/tate may only be liable for proprietary acts (&ure +estioni! and not for soerei+n
acts (&ure imperii!
7hen state files complaint, suability %ill result only %here the +oernment is
claimin+ affirmatie relief from the defendant
7hen it %ould be ineuitable for the /tate to ino'e its immunity
- *n instances %hen the /tate ta'es priate property for public use or purpose.
WHEN DOES LIA2ILIT8 ATTACHG
The oernment is only liable for the acts of its a+ents, officers and employees,
%hen they act as special a+ents %ithin the meanin+ of (A?T. $= (0! CC!.
/pecial a+ent
- 2ne %ho receies a definite and fi4ed order or commission, forei+n to the
e4ercise of the duties of his office if he is a special official.
- This concept does not apply to any e4ecutie a+ent %ho is an employee of
the actie administration and %ho on his o%n responsibility performs the
functions %hich are inherent in and naturally pertain to his office and %hich
are re+ulated by la% and the re+ulations
7hen the oernment creates a corporation, it inariably proides thiscorporation a separate entity and %ith the capacity to sue and be sued.
Consent to be sued includes actions based on uasi-delict een thou+h
committed by re+ular, and not special, a+ents.
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?ule: a +oernment entity can be sued for tort, but if it is, it can ino'e the
defense that it acted throu+h its re+ular employee, and not throu+h a special
a+ent.
The principle of /tate immunity from suit does not apply %hen the relief
demanded reuires no affirmatie official action on the part of the /tate on the
affirmatie dischar+e of any obli+ation %hich belon+s to the /tate in its political
capacity, een thou+h the officers or a+ents %ho are made defendants claim to
hold or act only by irtue of a title of the /tate and as its a+ents and serants
SUITS VS. THE PHILIPPINE STATE
SA8SON "s. SIN,SON
The claim is oid for the cause or consideration is contrary to la%, morals or public
policy, mandamus is not the remedy to enforce the collection of such claim a+ainst the
/tate but a ordinary action for specific performance. The suit dis+uised as one for
mandamus to compel the Auditors to approe the ouchers for payment, is a suit
a+ainst the /tate, %hich cannot prosper or be entertained by the Court e4cept %ith the
consent of the /tate. *n other %ords, the respondent should hae filed his claim %ith the
eneral Auditin+ 2ffice, under the proisions of Com. Act 1$; %hich prescribe the
conditions under %hich money claim a+ainst the +oernment may be filed:"*n all cases
inolin+ the settlement of accounts or claims, other than those of accountable officers,
the Auditor eneral shall act and decide the same %ithin si4ty days, e4clusie of
/undays and holidays, after their presentation. *f said accounts or claims needreference to other persons, office or offices, or to a party interested, the period aforesaid
shall be counted from the time the last comment necessary to a proper decision is
receied by him."
Thereafter, the procedure for appeal is indicated: "The party a++rieed by the final
decision of the Auditor eneral in the settlement of an account or claim may, %ithin
thirty days from receipt of the decision, ta'e an appeal in %ritin+: (a! To the resident of
the Dnited /tates, pendin+ the final and complete %ithdra%al of her soerei+nty oer the
hilippines, or (b! To the resident of the hilippines, or (c! To the /upreme Court of the
hilippines if the appellant is a priate person or entity."
On*e *onsent is se*ure$# an a*tion ma) %e 'i(e$ . There is nothin+ to preent the
/tate, ho%eer, in such statutory +rant, to reuire that certain administratie
proceedin+s be had and be e4hausted. Also, the proper forum in the &udicial hierarchy
can be specified if thereafter an appeal %ould be ta'en by the party a++rieed. Bere,
there %as no rulin+ of the Auditor eneral. 9en had there been such, the court to
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%hich the matter should hae been eleated is this Tribunal# the lo%er court could not
le+ally act on the matter.
REPU2LIC "s. PURISI0A
/C ruled that the /tate could not be sued for a breach of contract bet%een the ?ice andCorn Administration and the Oello% Gall Frei+ht Lines because no statute has been
made %hich %ill sho% that consent is +ien. 7B9?9F2?9, the petitioner for certiorari
is +ranted and the resolution of 2ctober 8,
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not disputed that said appellant is entitled to the refund of such e4penses %ith the ri+ht
to retain the essel until he has been reimbursed therefore. As it is by the corrected acts
of defendant and interenor ?epublicof the hilippines that the appellant ha a lien far
his e4penses, appellees Froilan, Compania Maratma, and the ?epublic of the
hilippines are declared liable for the reimbursement to appellant of its le+itimate
e4penses, as allo%ed by la%, %ith le+al interest from the time of disbursement.
TORIO "s. FONTANILLA
Dnder hilippine la%s, municipalities are political bodies endo%ed %ith the faculties of
municipal corporations to be e4ercised by and throu+h their respectie municipal
+oernments in conformity %ith la%, and in their proper corporate name, they may inter
alia sue and be sued, and contract and be contracted %ith.
The po%ers of a municipality are t%o-fold in character: public, +oernmental or political
on the one hand# and corporate, priate, or proprietary on the other. oernmental
po%ers are those e4ercised by the corporation in administerin+ the po%ers of the state
and promotin+ the public %elfare. These include the le+islatie, &udicial public, and
political. Municipal po%ers, on the other hand, are e4ercised for the special benefit and
adanta+e of the community. These include those %hich are ministerial, priate and
corporate.
This distinction of po%ers are necessary in determinin+ the liability of the municipality
for the acts of its a+ents %hich result in in&ury to third persons.
*f the in&ury is caused in the course of the performance of a +oernmental functionNduty,
no recoery can be had from the municipality unless there is an e4istin+ statute on the
matter, nor from its officers, so lon+ as they performed their duties honestly and in +ood
faith or that they did not act %antonly and maliciously.
7ith respect to proprietary functions, the settled rule is that a municipal corporation can
be held liable to third persons e4 contract or e4 delicto. They may also be sub&ect to suit
upon contracts and its tort.
SUITS VS. FOREI,N STATES
HOL8 SEE "s. ROSARIO
T!e Re&u%(i* o' t!e P!i(i&&ines !as a**or$e$ t!e Ho() See t!e status o' a 'oreign
so"ereign. The Boly /ee, throu+h its Ambassador, the apal uncio, has had
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diplomatic representations %ith the hilippine +oernment since
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riate respondent can as' the hilippine +oernment, throu+h the Forei+n 2ffice, to
espouse its claims a+ainst the Boly /ee. *ts first tas' is to persuade the hilippine
+oernment to ta'e up %ith the Boly /ee the alidity of its claims. 2f course, the
Forei+n 2ffice shall first ma'e a determination of the impact of its espousal on the
relations bet%een the hilippine +oernment and the Boly /ee (Ooun+, ?emedies of
riate Claimants A+ainst Forei+n /tates, /elected ?eadin+s on rotection by La% of
riate Forei+n *nestments
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wit! %(anJet $i&(omati* immunit) 'rom *i"i( an$ *rimina( suits . *ndeed, the main
yardstic' in ascertainin+ %hether a person is a diplomat entitled to immunity is the
determination of %hether or not he performs duties of diplomatic nature. Gein+ an
Attache, /calHo)s main function is to obsere, analyHe and interpret trends and
deelopments in their respectie fields in the host country and submit reports to their
o%n ministries or departments in the home +oernment. Be is not +enerally re+arded as
a member of the diplomatic mission. 2n the basis of an erroneous assumption that
simply because of the diplomatic note, diestin+ the trial court of &urisdiction oer his
person, his diplomatic immunity is contentious.
Un$er t!e re(ate$ $o*trine o' State Immunit) 'rom Suit# t!e &re*e&t t!at a State
*annot %e sue$ in t!e *ourts o' a 'oreign state is a (ong/stan$ing ru(e o'
*ustomar) internationa( (aw. I' t!e a*ts gi"ing rise to a suit are t!ose o' a 'oreign
go"ernment $one %) its 'oreign agent# a(t!oug! not ne*essari() a $i&(omati*
&ersonage# %ut a*ting in !is o''i*ia( *a&a*it)# t!e *om&(aint *ou($ %e %arre$ %)t!e immunit) o' t!e 'oreign so"ereign 'rom suit wit!out its *onsent. Suing a
re&resentati"e o' a state is %e(ie"e$ to %e# in e''e*t# suing t!e state itse('. The
proscription is not accorded for the benefit of an indiidual but for the /tate, in %hose
serice he is, under the ma4im S par in parem, non habet imperium S that all states are
soerei+n euals and cannot assert &urisdiction oer one another. The implication is that
if the &ud+ment a+ainst an official %ould reuire the state itself to perform an affirmatie
act to satisfy the a%ard, such as the appropriation of the amount needed to pay the
dama+es decreed a+ainst him, the suit must be re+arded as bein+ a+ainst the state
itself, althou+h it has not been formally impleaded
A 'oreign agent# o&erating wit!in a territor)# *an %e *(oaJe$ wit! immunit) 'rom
suit %ut on() as (ong as it *an %e esta%(is!e$ t!at !e is a*ting wit!in t!e
$ire*ti"es o' t!e sen$ing state. T!e *onsent o' t!e !ost state is an in$is&ensa%(e
re;uirement o' %asi* *ourtes) %etween t!e two so"ereigns.
The Ibuy-bust operationJ and other such acts are indication that the hilippine
+oernment has +ien its imprimatur, if not consent, to the actiities %ithin hilippine
territory of a+ent /calHo of the Dnited /tates 6ru+ 9nforcement A+ency. *n conductin+
sureillance actiities on Minucher, later actin+ as the poseur-buyer durin+ the buy-bust
operation, and then becomin+ a principal %itness in the criminal case a+ainst Minucher,/calHo hardly can be said to hae acted beyond the scope of his official function or
duties.
REP. OF INDONESIA "s. VINON
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T!e Su&reme Court on t!e matter ru(e$ t!at t!e re&u%(i* o' In$onesia *annot %e
$eeme$ to !a"e wai"e$ its immunit) to suit . T!e e+isten*e a(one o' a &aragra&!
in a *ontra*t stating t!at an) (ega( a*tion arising out o' t!e agreement s!a(( %e
sett(e$ a**or$ing to t!e (aws o' t!e P!i(i&&ines an$ %) a s&e*i'ie$ *ourt o' t!e
P!i(i&&ines is not ne*essari() a wai"er o' so"ereign immunit) 'rom suit. The
aforesaid proision contains lan+ua+e not necessarily inconsistent %ith soerei+n
immunity. 2n the other hand, such proision may also be meant to apply %here the
soerei+n party elects to sue in the local courts, or other%ise %aies its immunity by any
subseuent act. The applicability of hilippine la%s must be deemed to include
hilippine la%s in its totality, includin+ the principle reco+niHin+ soerei+n immunity.
Bence, the proper court may hae no proper action, by %ay of settlin+ the case, e4cept
to dismiss it.
T!e Court state$ t!at t!e u&Jee& o' its 'urnis!ings an$ e;ui&ment is sti(( &art
so"ereign 'un*tion o' t!e State. A so"ereign State $oes not mere() esta%(is! a$i&(omati* mission an$ (ea"e it at t!at> t!e esta%(is!ment o' a $i&(omati* mission
en*om&asses its maintenan*e an$ u&Jee&. Hen*e# t!e State ma) enter into
*ontra*ts wit! &ri"ate entities to maintain t!e &remises# 'urnis!ings an$
e;ui&ment o' t!e em%ass) an$ t!e (i"ing ;uarters o' its agents an$ o''i*ia(s. *t is
therefore clear that petitioner ?epublic of *ndonesia %as actin+ in pursuit of a soerei+n
actiity %hen it entered into a contract %ith respondent for the up'eep or maintenance
of the air conditionin+ units, +enerator sets, electrical facilities, %ater heaters, and %ater
motor pumps of the *ndonesian 9mbassy and the official residence of the *ndonesian
ambassador.
WHO "s. A=UINO
The e4ecutie branch of the hilippines has e4pressly reco+niHed that 3erstuyft is
entitled to diplomatic immunity, pursuant to the proisions of the Bost A+reement. The
6FA formally adised respondent &ud+e of the hilippine oernments official position.
The /olicitor eneral, as principal la% officer of the +oernment, li'e%ise e4pressly
affirmed said petitioners ri+ht to diplomatic immunity and as'ed for the uashal of the
search %arrant.
It re*ognie$ &rin*i&(e o' internationa( (aw an$ un$er our s)stem o' se&aration o'&owers t!at $i&(omati* immunit) is essentia(() a &o(iti*a( ;uestion an$ *ourts
s!ou($ re'use to (ooJ %e)on$ a $etermination %) t!e e+e*uti"e %ran*! o'
go"ernment# an$ w!ere t!e &(ea o' $i&(omati* immunit) is re*ognie$ %) t!e
e+e*uti"e %ran*! o' t!e go"ernment as in t!e *ase at %ar# it is t!en t!e $ut) o' t!e
*ourts to a**e&t t!e *(aim o' immunit) u&on a&&ro&riate suggestion %) t!e
&rin*i&a( (aw o''i*er o' t!e go"ernment# t!e So(i*itor ,enera( in t!is *ase# or ot!er
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o''i*er a*ting un$er !is $is*retion. Courts may not so e4ercise their &urisdiction by
seiHure and detention of property, as to embarrass the e4ecutie arm of the +oernment
in conductin+ forei+n relations.
The Court, therefore, holds the respondent &ud+e acted %ithout &urisdiction and %ith
+rae abuse of discretion in not orderin+ the uashal of the search %arrant issued by
him in disre+ard of the diplomatic immunity of petitioner 3erstuyft.
SUITS "s. PU2LIC OFFICERS
USA "s. RE8ES
6octrine of state immunity is e4pressed in Art. P3*, /ec. 1 of the
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%een t!at a(( go"ernment 'un$s $e&osite$ in t!e PN2 or an) ot!er o''i*ia(
$e&ositar) o' t!e P!i(i&&ine ,o"ernment %) an) o' its agen*ies or
instrumenta(ities# w!et!er %) genera( or s&e*ia( $e&osit# remain go"ernment
'un$s an$ ma) not %e su%6e*t to garnis!ment or (e")# in t!e a%sen*e o' a
*orres&on$ing a&&ro&riation as re;uire$ %) (aw. E"en t!oug! t!e ru(e as to
immunit) o' a state 'rom suit is re(a+e$# t!e &ower o' t!e *ourts en$s w!en t!e
6u$gment is ren$ere$. A(t!oug! t!e (ia%i(it) o' t!e state !as %een 6u$i*ia(()
as*ertaine$# t!e state is at (i%ert) to $etermine 'or itse(' w!et!er to &a) t!e
6u$gment or not# an$ e+e*ution *annot issue on a 6u$gment against t!e state.
/uch statutes do not authoriHe a seiHure of state property to satisfy &ud+ments
recoered, and only coney an implication that the le+islature %ill reco+niHe such
&ud+ment as final and ma'e proision for the satisfaction thereof. Bo%eer, the rule is
not absolute and admits of a %ell-defined e4ception, that is, %hen there is a
correspondin+ appropriation as reuired by la%.
*n such a case, the monetary &ud+ment may be le+ally enforced by &udicial processes.
Berein, the City Council of Caloocan already approed and passed 2rdinance o.
18, /eries of
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la! and a regime of truth, justice, freedom, love, e"uality, and peace, do
ordain and promulgate this Constitution.J
2. PRINCIPLES AND POLICIES 9Arti*(e II# PHILIPPINE CONSTITUTION:
PA2LO OCA0PO "s. HOUSE OF REPRESENTATIVES ELECTORAL TRI2UNAL
5urisprudence has lon+ established the doctrine that a se*on$ &(a*er *annot %e
&ro*(aime$ t!e 'irst among t!e remaining ;ua(i'ie$ *an$i$ates in t!e e"ent t!at
t!e !ig!est earner o' "otes is $is;ua(i'ie$. T!e 'a*t t!at t!e *an$i$ate w!o
o%taine$ t!e !ig!est num%er o' "otes is (ater $e*(are$ to %e $is;ua(i'ie$ or not
e(igi%(e 'or t!e o''i*e to w!i*! !e was e(e*te$ $oes not ne*essari() gi"e t!e
*an$i$ate w!o o%taine$ t!e se*on$ !ig!est num%er o' "otes t!e rig!t to %e
$e*(are$ t!e winner o' t!e e(e*ti"e o''i*e. Further, /ection 0 of ?.A. o. 0080 and
section ;$ of the 2mnibus 9lection Code reuire a final &ud+ment before the election for
the otes of a disualified candidate to be considered Istray.J Bence, %hen a candidate
has not yet been disualified by final &ud+ment durin+ the 9lection 6ay and %as oted
for, the otes cast in his faor cannot be declared stray. To do so %ould amount to
disenfranchisin+ the electorate in %hom soerei+nty resides. The obious rationale
behind the fore+oin+ rulin+ is that in otin+ for a candidate %ho has not been
disualified by final &ud+ment durin+ the election day, the people oted for him bona
fide, %ithout any intention to misapply their franchise, and in the honest belief that the
candidate %as then ualified to be the person to %hom they %ould entrust the e4erciseof the po%ers of +oernment.
VILLAVICENCIO "s. LU2AN 9LAND0AR CASE:
I#urs is a government of $AW%, and not of &'(..J
La% defines po%er. No o''i*ia(# no matter !ow !ig!# is a%o"e t!e (aw. Lu'ban
committed a +rae abuse of discretion by deportin+ the prostitutes to a ne% domicile
a+ainst their %ill. There is no la% e4pressly authoriHin+ his action. 2n the contrary, there
is a la% punishin+ public officials, not e4pressly authoriHed by la% or re+ulation, %hocompels any person to chan+e his residence Furthermore, t!e &rostitutes are sti((# as
*itiens o' t!e P!i(i&&ines# entit(e$ to t!e same rig!ts# as sti&u(ate$ in t!e 2i(( o'
Rig!ts# as e"er) ot!er *itien. T!eir *!oi*e o' &ro'ession s!ou($ not %e a *ause
'or $is*rimination. *t may ma'e some, li'e Lu'ban, uite uncomfortable but it does not
authoriHe anyone to compel said prostitutes to isolate themseles from the rest of the
human race. These %omen hae been depried of their liberty by bein+ e4iled to 6aao
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%ithout een bein+ +ien the opportunity to collect their belon+in+s or, %orse, %ithout
een consentin+ to bein+ transported to Mindanao. For this, Lu'ban et al must be
seerely punished
A,USTIN "s. EDU
/uch early %arnin+ deice reuirement is not an e4pensie redundancy, nor oppressie,
for car o%ners %hose cars are already euipped %ith ! blin'in+-li+hts in the fore and
aft of said motor ehicles,) $! battery-po%ered blin'in+ li+hts inside motor ehicles,) 1!
built-in reflectoriHed tapes on front and rear bumpers of motor ehicles,) or 8! %ell-
li+hted t%o ($! petroleum lamps (the @in'e! . . . because: Gein+ uniersal amon+ the
si+natory countries to the said
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&ros&erit) o' t!e state. /hortly after independence in
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oernment e4cusable should there be no sufficient men %ho olunteer to enlist there
in. The ri+ht of the oernment to reuire compulsory military serice is a conseuence
of its duty to defend the /tate and is reciprocal %ith its duty to defend the life, liberty,
and property of the citiHen. *n the case of 5acobson s. Massachusetts (
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7hat is reco+niHed in /ection $0, Article ** of the Constitution is merely a priile+e
sub&ect to limitations imposed by la%U *t neither besto%s such a ri+ht nor eleates the
priile+e to the leel of an enforceable ri+ht. There is nothin+ in the plain lan+ua+e of
the proision %hich su++ests such a thrust or &ustifies an interpretation of the sort.
T!e
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+reater the number of candidates, the +reater the opportunities for lo+istical confusion,
not to mention the increased allocation of time and resources in preparation for the
election. The or+aniHation of an election %ith bona fide candidates standin+ is onerous
enou+h. To add into the mi4 candidates %ith no serious intentions or capabilities to run a
iable campai+n %ould actually impair the electoral process. This is not to mention the
candidacies %hich are palpably ridiculous so as to constitute a one-note &o'e. The poll
body %ould be bo++ed by irreleant minutiae coerin+ eery step of the electoral
process, most probably posed at the instance of these nuisance candidates. *t %ould be
a senseless sacrifice on the part of the /tate.
The uestion of %hether a candidate is a nuisance candidate or not is both le+al and
factual. The basis of the factual determination is not before this Court. Thus, the remand
of this case for the reception of further eidence is in order. The /C remanded to the
C2M9L9C for the reception of further eidence, to determine the uestion on %hether
petitioner 9lly 3eleH Lao amaton+ is a nuisance candidate as contemplated in /ection0< of the 2mnibus 9lection Code.
SI0ON "s. CHR
The issuance of an "order to desist" is not %ithin the e4tent of authority and po%er of the
CB?. Article P***, /ection =(!, proides the po%er and functions of the CB? to
"inesti+ate, on its o%n or on complaint by any part, all forms of human ri+hts iolation,
inolin+ ciil and political ri+hts".
T!e
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IThe petitioner has sho%n no satisfactory reason %hy the contested measure should be
nullified. There is no uestion that 6epartment 2rder o. applies only to "female
contract %or'ers," but it does not thereby ma'e an undue discrimination bet%een the
se4es. *t is %ell-settled that "euality before the la%" under the Constitution does not
import a perfect *dentity of ri+hts amon+ all men and %omen. *t admits of classifications,
proided that (! such classifications rest on substantial distinctions# ($! they are
+ermane to the purposes of the la%# (1! they are not confined to e4istin+ conditions# and
(8! they apply eually to all members of the same class.
The Court is satisfied that the classification made-the preference for female %or'ers K
rests on substantial distinctions.
UP 2OR "s. CA
Legis(ature !as esta%(is!e$ s&e*i'i* e+*e&tions to t!e e+*(usi"e aut!orit) o' t!e
Ci"i( Ser"i*e Commissioner# %) (o$ging in "arious entities# t!e &ower o"er t!eir
em&(o)ees. 2ne instance is the D Charter, /ection 0(e!, %hich ested in the Goard of
?e+ents, the po%er to appoint, to fi4 employee compensation and to remoe them for
cause after an inesti+ation and hearin+. The e4istence of these e4ceptions to the
+eneral &urisdiction of the Ciil /erice Commissioner is also confirmed by the Ciil
/erice La% of
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and %ere satisfied %ith the %ay the inesti+ation %as conducted# and the Court of
Appeals also e4plicitly stated in its decision that it did not find any iolation of the
substantie ri+hts of the respondents.
7hether the final decision should be made by the Ciil /erice Commissioner and on
appeal by the Ciil /erice Goard of Appeals, or by the resident of the Dniersity and
its Goard of ?e+ents, does not in any %ay impair any of the substantial ri+hts of the
respondents. Bo%eer, the autonomy necessary to the fulfillment of the educational and
academic mission of the Dniersity demands that the administratie decision of its
authorities be made final as to its employees, there bein+ no statutory or administratie
proision to the contrary. Thus, the resident and Goard of ?e+ents of the Dniersity of
the hilippines possess full and final authority in the disciplinin+, suspension and
remoal of the ciil serice employees of the Dniersity, includin+ those of the hilippine
eneral Bospital, independently of the Commissioner of Ciil /erice and the Ciil
/erice Goard of Appeals.
VIII. THE E-ERCISE OF ,OVERN0ENT POWERS
IN RE7 LAURETA AND 0ARAVILLA
A letter indiidually addressed to some &ustices of the /upreme Court is not coered by
the constitutional ri+ht to Ipriacy of communicationJ %hen the same pertain to their
e4ercise of &udicial functions.
To sub&ect the threat and ordeal of inesti+ation and prosecution, a &ud+e, more so a
member of the /upreme Court for official acts done by him in +ood faith and in the
re+ular e4ercise of official duty and &udicial functions is to subert and undermine that
ery independence of the &udiciary, and subordinate the &udiciary to the e4ecutie. IFor
it is a genera( &rin*i&(e o' t!e !ig!est im&ortan*e to t!e &ro&er a$ministration o'
6usti*e t!at a 6u$i*ia( o''i*er e+er*ising t!e aut!orit) "este$ in !im# s!a(( %e 'ree
to a*t u&on !is own *on"i*tions# wit!out a&&re!ension o' &ersona(
*onse;uen*es to !imse('. Lia%i(it) to answer to e"er)one w!o mig!t 'ee( !imse('
aggrie"e$ %) t!e a*tion o' t!e 6u$ge wou($ %e in*onsistent wit! t!e &ossession o't!is 'ree$om# an$ wou($ $estro) t!at in$e&en$en*e wit!out w!i*! no 6u$i*iar)
*an %e eit!er res&e*ta%(e or use'u(J. (Gradley s. Fisher, = D./. 11!.
INS "s. CHADHA
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The Act iolated e4plicit constitutional standards of la%ma'in+ and con+ressional
authority.
The Bouse too' action that had the purpose and effect of alterin+ the le+al ri+hts, duties
and re+ulations of persons, includin+ the Attorney eneral, 94ecutie Granch officials
and Chadha, all outside of the le+islatie branch. 7hen the Bouse ta'es such actions it
must comply %ith the reuirements of Article * re+ardin+ bicameralism and presentment.
Con+ress made a deliberate choice to dele+ate to the 94ecutie Granch, the authority to
allo% deportable aliens to remain in this country in certain specified circumstances.
Con+ress may dele+ate authority, but once it does so it must abide by its decision until
that dele+ation is le+islatiely altered or reo'ed.
ARNAULT "s. 2ALA,TAS
*t is the inherent ri+ht of the /enate to impose penalty in carryin+ out their duty to
conduct inuiry in aid of le+islation. Gut it must be herein established that a %itness %ho
refuses to ans%er a uery by the Committee may be detained durin+ the term of the
members imposin+ said penalty but the detention should not be too lon+ as to iolate
the %itness) ri+ht to due process of la%.
,ARCIA "s. E-ECUTIVE SECRETAR8
Dnder /ection $8, Article 3* of the Constitution, the enactment of appropriation, reenue
and tariff bills, li'e all other bills is, of course, %ithin the proince of the Le+islatie rather
than the 94ecutie 6epartment. *t does not follo%, ho%eer, that therefore 94ecutie
2rders os. 8; and 8;=, assumin+ they may be characteriHed as reenue measures,
are prohibited to be e4ercised by the resident, that they must be enacted instead by
the Con+ress of the hilippines.
/ection $=($! of Article 3* of the Constitution proides as follo%s:
I)* +he Congress may, by la!, authorie the -resident to fi !ithin specified
limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and eport "uotas, tonnage and !harfage dues, and other duties or
imposts !ithin the frame!ork of the national development program of the
overnment.J
There is thus e4plicit constitutional permission to Con+ress to authoriHe the resident
Isub&ect to such limitations and restrictions as Con+ressR may imposeJ to fi4 I%ithin
specific limitsJ Itariff rates . . . and other duties or imposts . . . .J *n this case, it is the
Tariff and Customs Code %hich authoriHed the resident ot issue the said 92s.
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US "s. TAN, HO
First of, An+ Tan+ Bo)s coniction must be reersed because he committed the act prior
to the publication of the 92. Bence, !e *annot %e e+ &ost 'a*to *!arge$ o' t!e
*rime. Furt!er# one *annot %e *on"i*te$ o' a "io(ation o' a (aw or o' an or$er
issue$ &ursuant to t!e (aw w!en %ot! t!e (aw an$ t!e or$er 'ai( to set u& anas*ertaina%(e stan$ar$ o' gui(t.
Anent t!e issue o' un$ue $e(egation# t!e sai$ A*t w!o(() 'ai(s to &ro"i$e $e'inite()
an$ *(ear() w!at t!e stan$ar$ &o(i*) s!ou($ *ontain# so t!at it *ou($ %e &ut in use
as a uni'orm &o(i*) re;uire$ to taJe t!e &(a*e o' a(( ot!ers wit!out t!e
$etermination o' t!e insuran*e *ommissioner in res&e*t to matters in"o("ing t!e
e+er*ise o' a (egis(ati"e $is*retion t!at *ou($ not %e $e(egate$# an$ wit!out w!i*!
t!e a*t *ou($ not &ossi%() %e &ut in use. The la% must be complete in all its terms
and proisions %hen it leaes the le+islatie branch of the +oernment and nothin+
must be left to the &ud+ment of the electors or other appointee or dele+ate of thele+islature, so that, in form and substance, it is a la% in all its details in presenti, but
%hich may be left to ta'e effect in future, if necessary, upon the ascertainment of any
prescribed fact or eent.
CONFERENCE "s. POEA
The constitutional challen+e of the rule-ma'in+ po%er of the 29A based on
impermissible dele+ation of le+islatie po%er had been, as correctly contented by the
public respondents, brushed aside by this Court in 9astern /hippin+ Lines, *nc. s.
29A.
The +oernin+ Goard of the Administration (29A! shall promul+ate the necessary rules
and re+ulations to +oern the e4ercise of the ad&udicatory functions of the
Administration (29A!.
To many of the problems attendant upon present-day underta'in+s, the le+islature may
not hae the competence to proide the reuired direct and efficacious not to say,
specific solutions. These solutions may, ho%eer, be e4pected from its dele+ates, %ho
are supposed to be e4perts in the particular fields assi+ned to them.
W!i(e t!e maJing o' (aws is a non/$e(ega%(e &ower t!at &ertains e+*(usi"e() toCongress# ne"ert!e(ess# t!e (atter ma) *onstitutiona(() $e(egate t!e aut!orit) to
&romu(gate ru(es an$ regu(ations to im&(ement a gi"en (egis(ation an$ e''e*tuate
its &o(i*ies# 'or t!e reason t!at t!e (egis(ature 'in$s it im&ra*ti*a%(e# i' not
im&ossi%(e# to anti*i&ate situations t!at ma) %e met in *arr)ing t!e (aw into e''e*t.
A(( t!at is re;uire$ is t!at t!e regu(ation s!ou($ %e germane to t!e o%6e*ts an$
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&ur&oses o' t!e (aw> t!at t!e regu(ation %e not in *ontra$i*tion to %ut in
*on'ormit) wit! t!e stan$ar$s &res*ri%e$ %) t!e (aw.
That the challen+ed resolution and memorandum circular, %hich merely further
amended the preious Memorandum Circular o. $, strictly conform to the sufficient
and alid standard of "fair and euitable employment practices" prescribed in 9.2. o.;
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Term o' O''i*e: 0 years, commencin+ at noon on the 1th day of 5une ne4t
follo%in+ their election
Term Limits: only up to $ consecutie terms. Bo%eer, they may sere for more
than $ terms proided that the terms are not consecutie.
b. House o' Re&resentati"es 9Art. VI# Se*s. /:
Com&osition: ot more than $ members, unless other%ise proided by la%,
consistin+ of:
Distri*t Re&resentati"es
9lected from le+islatie districts apportioned amon+ the proinces, cities, and the
Metro Manila area.
Ru(es on A&&ortionment o' Legis(ati"e Distri*ts:
roportional representation based on number of inhabitants
a. 9ach city %ith a population of at least $,, or each proince, shall hae at least
representatie. 9ach proince, irrespectie of the number of inhabitants, shall hae at
least representatie.
b. 9ach le+islatie district shall comprise, as far as practicable, conti+uous, compact,
and ad&acent territory.
?e-apportionment by Con+ress %ithin 1 years after the return of each census.
Part)/List Re&resentati"es
$V of the total number of representaties
Chosen indirectly throu+h a party selected by oters
?A ;
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. reli+ious sects
$. forei+n or+aniHations
1. those adocatin+ iolence or unla%ful means
=ua(i'ie$ Se*tors:
. Labor
$. easant
1. Fisherfol'
8. Drban poor
. indi+enous cultural communities
0. elderly
;. handicapped
=. %omen
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=! The nominee must be able to contribute to the formulation and enactment of
appropriate le+islation that %ill benefit the nation.
Se*tora( Re&resentati"es
For 1 consecutie terms from $ February
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impeach
deriatie and dele+ated po%er
implied po%ers such as the po%er to punish contempt in le+islatie inesti+ations
$. /pecific o%ers
a. Constituent &ower - o%er to propose amendments to the Constitution
b. Legis(ati"e In;uiries - (/ec $, Art 3*!
?euisites:
- Must be in aid of le+islation- *n accordance %ith duly published rules of procedure- ?i+ht of persons appearin+ in or affected by such inuiries shall be respected-
c. A&&ro&riationS
eneral Limitations:
- Appropriations must be for a DGL*C D?2/9- Cannot appropriate public funds or property, directly or indirectly, in faor of:
a. Any sect, church, denomination, or sectarian institution or system of reli+ion orb. Any priest, preacher, minister, or other reli+ious teacher or di+nitary as such.
E-CEPTif the priest, etc is assi+ned to:. The Armed Forces# or$. Any penal institution# or1. oernment orphana+e# or
8. Leprosarium- The +oernment is not prohibited from appropriatin+ money for a alid secularpurpose, een if it incidentally benefits a reli+ion, e.+. appropriations for a
national police force is alid een if the police also protects the safety of
cler+ymen.- Also, the temporary use of public property for reli+ious purposes is alid, aslon+ as the property is aailable for all reli+ions.
/pecific Limitations
- For eneral Appropriations Gills
Con+ress may not increase the appropriations recommended by theresident for the operation of the oernment as specified in the bud+et.
Form, content and manner of preparation of the bud+et shall be prescribed by
la%.
o proision or enactment shall be embraced in the +eneral appropriations
bill unless it relates specifically to some particular appropriation therein.
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rocedure in approin+ appropriationsF2? TB9 C2?9// shall strictly follo% the procedure for approin+
appropriations for other departments and a+encies.o la% shall be passed authoriHin+ any transfer of appropriations. Bo%eer,The follo%in+ may, GO LA7, be authoriHed to ADM9T any item in the
+eneral appropriations la% for their respectie offices from sain+s in otheritems of their respectie appropriations:. resident$. /enate resident1. /pea'er of the Bouse8. Chief 5ustice of the /upremeCourt. Beads of the ConstitutionalCommissions
- 6iscretionary funds appropriated F2? A?T*CDLA? 2FF*C*AL/ shall be
disbursed only:
FOR PU2LIC PURPOSESTo be supported by appropriate ouchers sub&ect to such +uidelines as may beprescribed by la%.
o public money or property shall be appropriated if Con+ress fails to pass the
+eneral appropriations bill by the end of anyfiscal year:
QThe +eneral appropriations bill for the preious year is deemed reenacted.
Q*t shall remain in force and effect until the +eneral appropriations bill is passedby Con+ress.
- For /pecial Appropriations Gill
Q/hall specify the purpose for %hich it is intended.
Q/hall be supported by funds actually aailable as certified by the ationalTreasurer or to be raised by correspondin+ reenue proposal therein.
- Limitation on Dse of ublic Funds (/ec $
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-Gud+et e4ecution-Gud+et accountability
d. Ta+ation - (/ec $=, Art 3*!
ature- /ec $= is an enumeration of the limits on the inherent and other%ise
unlimited po%er.
urpose
- ay debts and proide for the common defense and +eneral %arfare- ?aise reenue- *nstrument of national and social policy- *nstrument for e4termination of undesirable acts and enterprises- Tool for re+ulation- *mposition of tariffs desi+ned to encoura+e and protect locally produced
+oods a+ainst competition for imports.
Limitationso Pu%(i*. o%er to ta4 should be e4ercised only for a public purpose
o Uni'orm an$ E;uita%(e.
- 2perates %ith the same force and effect in eery place %here the sub&ect of it
is found.- 6oes not prohibit classification for the purpose of ta4ation.- ?euirements for alid classification:
QGased on substantial distinctions %hich ma'e real differences.Qermane to the purpose of la%.QApplies to present and future conditions substantially identical to those of the
present.QApplies eually to those %ho belon+ to the same class.
o Progressi"it)
- The rate increases as the ta4 base increases.- Ta4 burden is based on the ta4payers) capacity to pay- /uited to the social conditions of the people.- ?eflects aim of the Conention that le+islature follo%in+ social &ustice command
should use ta4ation as an instrument for more euitable distribution of %ealth.o Constitutiona( Ta+ E+em&tions7
- ?eli+ious, charitable, educational institutions and their properties.- All reenues and assets of 2-/T2C@ 2- ?2F*T 96DCAT*2AL
institutions are e4empt from ta4es and duties ?23*696 that such reenuesand assets are ACTDALLO, 6*?9CTLO and 9PCLD/*39LO used for educational
purposes. /ec.8 (1! Art P*3R- rants, endo%ments, donations or contributions used actually, directly and
e4clusiely for educational purposes shall be e4empt from ta4, sub&ect to
conditions prescribed by la% /ec. 8 (8! Art P*3Ro /pecial Funds
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E+*e&tions7
. 6ele+ation of tariff po%ers to the resident Art 3* sec. $=($!R.1. 6ele+ation of emer+ency po%ers to the resident Art 3* sec. $1($!R.?. 6ele+ation to the people at lar+e.
@. 6ele+ation to local +oernments. 6ele+ation to administratie bodies (rule ma'in+ po%er!
Tests 'or a Va(i$ De(egation
. T!e Com&(eteness Test
- The la% must be complete in all its terms and conditions %hen it leaes the le+islature
so that there %ill be nothin+ left for the dele+ate to do %hen it reaches him e4cept
enforce it.
1. T!e Su''i*ient Stan$ar$ Test
- The la% must fi4 a standard, the limits of %hich are sufficiently determinate or
determinable, to %hich the dele+ate must conform in the performance of his functions.
2. THE E-ECUTIVE 2RANCH 9ARTICLE VII# PHILIPPINE CONSTITUTION:
THE PRESIDENT
. >ualifications, election, term and oath
>ualifications /ec. $, Art 3**Qnatural-born citiHen of the hilippinesQa re+istered oterQable to read and %riteQat least forty years of a+e on the day of the electionQa resident of the hilippines for at least ten years immediately precedin+ such
election.W residency and domicile mean the same thin+ under election la%W The ff must be ta'en into consideration:. bodily presence$. animus manendi
1. animus reertendiQ The candidate must be ualified on the day of the elections.
Term and 9lection /ec. 8, Art 3**Q elected by direct ote of the peopleQ unless other%ise proided by la%, the re+ular election for resident and 3ice-
resident shall be held on the second Monday of May.
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/uccessionQ 3acancy in the residencyT%o sets of rules in succession:(! acancy too' place before the be+innin+ of the term on 5une 1($! acancy durin+ the pendency of the terms that commences on 5une 1
Tem&orar) or &ermanent "a*an*) in t!e Presi$en*) %e'ore t!e term
. *f the resident-elect cannot assume his post at the be+innin+ of his term because
i! he has not ualified as yet ( e.+. he had an operation and so he could not ta'e his
oath of office on 5une 1!,
ii! or a resident has not been "chosen" and ualified as yet (e.+. there is a tie and
Con+ress has not yet bro'en the tie!
Then the 3ice-resident shall act as resident until the resident-elect shall hae
ualified, or shall hae been "chosen: and ualified, as the case may be. (pars. $ 1,
sec ;, ar 3**!.
$. *f the resident-elect
i! dies, or
ii! becomes permanently disabled "at the be+innin+ of the term of the resident" (i.e.,
before the term!
Then the 3ice-resident elect shall become the resident. (par. 8,/ec ;, Art 3**!.
1. *f both resident and 3ice-resident
(i! hae not been "chosen" or
(ii! hae not ualified, or
(iii! die, or
(i! become permanently disabled
Then the resident of the /enate, or in case of his inability, the /pea'er of the Bouse,
shall act as resident until a resident or a 3ice-resident shall hae been "chosen"
and ualified.
*n case both the resident of the /enate and the /pea'er of the Bouse are unable to
act as resident, then Con+ress shall by la%, proide for the "manner of selectin+" the
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one %ho %ill act as resident until a resident of 3ice-resident shall hae (been either
"chosen" or "elected" pursuant to the special election referred to in 3**, , and
ualified.
Permanent Va*an*) in t!e Presi$en*) $uring t!e term
. *n case of the residents
(i! death
(ii! permanent disability,
(iii! remoal from office (the only %ay is by impeachment!, or
(i! resi+nation
the 3ice-resident shall become resident for the une4pired portion
of the term. (par. !
$. *n case of both the residents and 3ice-residents
(i! death
(ii! permanent disability
(iii! remoal from office (by impeachment!
(i! resi+nation
The /enate resident or, in case of his inability, the /pea'er of the Bouse, shall act as
resident until the resident or 3ice-resident shall hae been "elected" (pursuant to
the special election in Art.3**, /ec. ! and ualified. (par. .!
1. 7hen the Actin+ resident (i.e., the /enate resident, or /pea'er of the Bouse!
(i! dies
(ii! becomes permanently disabled
(iii! resi+ns (but is not remoed, because there is no need to impeach him, his staybein+ temporary! then the Con+ress shall by la%, proide "%ho" shall be Actin+
resident until the resident or 3ice-resident shall hae been "elected" (pursuant to
the special election in Art. 3**, /ec. ! and ualified. This Actin+ resident shall be
sub&ect to the same restrictions of po%ers and disualifications. (par. $!
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Tem&orar) Va*an*) in t!e Presi$en*) $uring t!e term
Q A acancy in the residency arisin+ from his disability can occur in any of the ff %ays:
. A %ritten declaration by the resident
$. 7ritten declaration by the Cabinet
1. Findin+ by Con+ress by $N1 ote that the resident is disabled.
*n all these cases, the 3ice-resident temporarily acts as the resident.
Q Vo(untar) $e*(aration o' ina%i(it) %) Presi$ent
a. 7hen the resident transmits to the /enate resident and the /pea'er his %ritten
declaration that he is unable to dischar+e the po%ers and duties of his office, suchpo%ers and duties shall be dischar+ed by the 3ice-resident as Actin+ resident.
b. The 3ice-resident shall so act until the resident transmits to the /enate resident
and the /pea'er a %ritten declaration that he is no lon+er unable to dischar+e his office.
Q Conteste$ ina%i(it) o' t!e Presi$ent
a. 7hen ma&ority of all the members of the Cabinet transmit to the /enate resident
and /pea'er their %ritten declaration that the resident is unable to dischar+e his office,
then the 3ice-resident shall immediately assume the residency in an actin+ capacity.
b. The resident can contest this by sendin+ his o%n %ritten declaration to the /enate
resident and /pea'er that no inability e4ists. Dpon such transmittal, the resident shall
automatically assume his office.
c. /hould the ma&ority of the Cabinet insist on their ori+inal stand by transmittin+ a
second %ritten declaration of the residents inability %ithin days from resumption of
office of the resident, then Con+ress shall step in.
d. Dpon receipt of this second declaration by the Cabinet, Con+ress shall conene, if it
is not in session, %ithin 8= hours, %ithout need of call, in accordance %ith its rules. (*f it
is already in session, it must meet ri+ht a%ay, as +limpsed from the fact that they only
hae days to decide, %hereas if it is not in session, it must conene in $ days and
decide before the $th day.!
e. Con+ress shall determine the residents inability %ithin days after receipt of the
second %ritten declaration by the Cabinet if it is in session, or %ithin $ days after it is
reuired to assemble by its respectie presidin+ officer if it is not in session.
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f. *f the resident, by a $N1 ote of both houses otin+ separately, determined to be
"unable " to dischar+e his office, then the 3ice- resident shall act as resident *f less
than $N1 find him unable, then the resident shall continue e4ercisin+ the po%ers and
duties of his office.
Q Serious I((ness o' t!e Presi$ent 9Se* 1# Art VII:
Wthe public shall be informed of the state of his health.
WThe members of the Cabinet in char+e of national security and forei+n relations and
the Chief of /taff of the Armed Forces of the hilippines, shall not be denied access to
the resident durin+ such illness.
POWERS AND FUNCTIONS OF THE PRESIDENT
E+e*uti"e &ower- the duty to implement the la%s %ithin the standards imposed by
the le+islature.
Contro( o' e+e*uti"e $e&artments - The resident shall hae control of all the
e4ecutie departments, bureaus, and offices. Be shall ensure that the la%s be faithfully
e4ecuted.
Contro( o' e+e*uti"e $e&artments 9Se* # Art VII:
Control is the po%er of an officer to alter or modify or nullify or to set aside %hat a
subordinate has done in the performance of his duties and to substitute ones o%n
&ud+ment in that of a subordinate.
>ualified political a+ency doctrine (also alter e+o principle!,
Iall the different e4ecutie and administratie or+aniHations are mere ad&uncts of the
94ecutie 6epartment, the heads of the arious e4ecutie departments are assistants
and a+ents of the Chief 94ecutie, and, e4cept in cases %here in the Chief 94ecutie is
reuired by the Constitution or by the la% to act in person or the e4i+encies of the
situation demand that he act personally, the multifarious e4ecutie and administratiefunctions of the Chief 94ecutie are performed by and throu+h the e4ecutie depts.,
performed and promul+ated in the re+ular course of business, are, unless disapproed
or reprobated by the Chief 94ecutie, presumptiely acts of the Chief 94ecutie.J
,enera( su&er"ision o' (o*a( go"ernments - The resident shall e4ercise +eneral
superision oer local +oernments. (sec 8, Art P!. The resident shall e4ercise +eneral
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superision oer autonomous re+ions to ensure that la%s are faithfully e4ecuted. (sec
0, Art P!
/uperision
Q means the mere oerseein+, or the po%er or authority of the officer to see thatsubordinate officers perform their duties, and if the latter fail or ne+lect to fulfill them,
then the former may ta'e such action or steps as prescribed by la% to ma'e them
perform these duties.
Q this does not include the po%er to oerrule their acts, if these acts are %ithin their
discretion.
Power o' a&&ointment - : the selection, by the authority ested %N the po%er, of an
indiidual %ho is to e4ercise the functions of a +ien office.
Q Appointment is distin+uished from:
. 6esi+nation S imposition of additional duties, usually by la%, on a person already in
the public serice.
$. Commission S %ritten eidence of the appointment.
A. C(assi'i*ation o' Power o' A&&ointment:
. 7ith the consent of the Commission on Appointments
9SAR0IENTO "s. 0ISON:
There are 8 +roups of officers %hom the res may appoint:
. Beads of the e4ec dept, ambassadors, other public ministers and consuls, officers of
the armed forces from the ran' of colonel or naal Capt. and other officers %hose
appointments are ested in him#
$. All other officers of the +o)t %hose appointments are not other%ise proided by la%#
1. Those %hom the res may be authoriHed to appoint#
8. 2fficers lo%er in ran' %hose appointments Con+ress may by la% est in the res
alone Beads of bureaus %ere deliberately moed from the proision of appointments
reuirin+ confirmation and %ere included in the 8 th+roup and hence, their appointments
no lon+er need confirmation.
$. Dpon recommendation of the 5udicial and Gar Council
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(a! Members of the /upreme Court and all other courts. (sec
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W *t is the %ithholdin+ of a sentence for an interal of time, a postponement of e4ecution,
a temporary suspension of e4ecution. (eople s. 3era!
(ii! Commutations
W ?eduction of sentence.
W *t is a remission of a part of the punishment# a substitution of a less penalty for the one
ori+inally imposed.
(iii! Par$ons, and
W permanent cancellation of sentence.
W *t is an act of +race proceedin+ from the po%er entrusted %ith the e4ecution of the
la%s, %hich e4empts the indiidual on %hom it is besto%ed, from the punishment the
la% inflicts for the crime he has committed. *t is a remission of +uilt, a for+ieness of theoffense.
Comman$er in *!ie' &owers
Q o%ers as Commander-in-Chief:
a. Be may call out such armed forces to preent or suppress la%less
iolence, inasion or rebellion.
b. Be may suspend the priile+e of the %rit of habeas corpus, or
c. Be may proclaim martial la% oer the entire hilippines or any
part thereof.
W /ub&ect to &udicial reie% to determine %hether or not there has been a +rae abuse of
discretion amountin+ to lac' or e4cess of &urisdiction (par. $, /ec , Art 3***!
a. Ca(( out t!e AFP to &re"ent (aw(ess "io(en*e - This is merely a police measure
meant to uell disorder. As such, the Constitution does not re+ulate its e4ercise radically
b. Sus&en$ t!e &ri"i(ege o' t!e writ o' !a%eas *or&us- A "%rit of habeas corpus" isan order from the court commandin+ a detainin+ officer to inform the court
(i! if he has the person in custody, and
(ii! %hat his basis in detainin+ that person.
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W 9ery 8th Monday of 5uly, the resident deliers the /tate of the ation Address,
%hich contains his proposals for le+islation. Throu+h this speech, he can influence the
course of le+islation that Con+ress can ta'e durin+ the re+ular session.
9%: Pre&are an$ su%mit t!e %u$get
The resident shall submit to Con+ress %ithin thirty days from the openin+ of eery
re+ular session, as the basis of the +eneral appropriations bill, a bud+et of e4penditures
and sources of financin+, includin+ receipts from e4istin+ and proposed reenue
measures. (/ec $$, Art 3**!
QThe bud+et is the plan indicatin+ the
(a! e4penditures of the +oernment,
(b! sources of financin+, and
(c! receipts from reenue-raisin+ measures.
This bud+et is the upper limit of the appropriations bill to be passed by Con+ress.
Throu+h the bud+et, therefore, the resident reeals the priorities of the +oernment.
9*: Veto &ower
As a genera( ru(e# a(( %i((s must %e a&&ro"e$ %) t!e Presi$ent %e'ore t!e) %e*ome
(aw, e+*e&t w!en:
(i! the eto of the resident is oerridden by $N1 ote, and
(ii! the bill passed is the special la% to elect the resident and 3ice-resident.
This +ies the resident an actual hand in le+islation. Bo%eer, his course of action is
only to approe it or eto it as a %hole.
9$: Emergen*) Power
*n times of %ar or other national emer+ency, the Con+ress, may, by la%, authoriHe the
resident, for a limited period, and sub&ect to such restrictions as it may prescribe, to
e4ercise po%ers necessary and proper to carry out a declared national policy. Dnlesssooner %ithdra%n by resolution of the Con+ress, such po%ers shall cease upon the ne4t
ad&ournment thereof.
9e: Fi+ing o' tari'' rates 9Se* 1# Art VI:
The Con+ress may, by la%, authoriHe the resident to fi4:
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7ithin specified limits, and
/ub&ect to such limitations and restrictions as it may impose,
- tariff rates
- import and e4port uotas
- tonna+e and %harfa+e dues
- other duties or imposts %ithin the frame%or' of the national deelopment pro+ram of
the oernment.
Reason 'or $e(egation: hi+hly technical nature of international commerce, and the
need to constantly and %ith relatie ease adapt the rates to preailin+ commercial
standards.
Immunit) 'rom suit
QThe resident)s immunity from suit does not e4tend to his alter-e+os.
QThe resident)s immunity from suit e4tends beyond his term so lon+ as the act in
uestion %as done durin+ his term.
C. THE 4UDICIAL 2RANCH 9ARTICLE VIII# PHILIPPINE CONSTITUTION:
- The 5udiciary, unli'e the 94ecutie and the Le+islatie %hich are actie, is passie andreactie as it has to %ait for a case to be filed before it %ill act to settle the controersy.
To maintain t!e in$e&en$en*e o' t!e 4u$i*iar)# t!e 'o((owing sa'eguar$s !a"e
%een em%o$ie$ in t!e Constitution:
9: As a constitutional body, the /upreme Court cannot be abolished nor may its
membership or the manner of its meetin+s be chan+ed by ordinary le+islation.
The lo%er courts on the other hand, are established by la%, and so could be
abolished by la%, proided the security of tenure is not undermined. Art. VIII#
Se*. @9:($! The members of the &udiciary are not sub&ect to confirmation by the Commission
on Appointments. Art. VIII# Se*. Q 9:9?: The members of the /C may not be remoed e4cept by impeachment. 9Art. I-#
Se*. 1:
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(8! The /C may not be depried of its minimum ori+inal and appellate &urisdiction.
9Art. VIII# Se*. 1:(! The appellate &urisdiction of the /C may not be increased by la% %No its adice
and concurrence. 9Art. VI# Se*. ?:(0! The /C has administratie superision oer all lo%er courts and their personnel
9Art. VIII# Se*. :.(;!9: The /C has e4clusie po%er to discipline or dismiss &ud+es of lo%er courts. 9Art.
VIII# Se*. .:(
cannot be undermined by a la% reor+aniHin+ the &udiciary. (*d.!9: They shall not be desi+nated to any a+ency performin+ uasi-&udicial or
administratie functions. 9Art. VIII# Se*. 1:(! The salaries of &ud+es are fi4ed by la% and may not be reduced durin+
their continuance in office. 9Art. VIII# Se*. :
91: The &udiciary shall en&oy fiscal autonomy. 9Art. VIII# Se*. ?:9?: The /C alone may initiate rules of court. Art. VIII#Se*. 9:9@: 2nly the /C may order the temporary detail of &ud+es.Art. VIII# Se*.
9?:(! The /C shall appoint all officials and employees of the &udiciary. Art. VIII#
Se*. 9:
CO0POSITION
Art. 3***, /ec. 8.
T!e Su&reme Court
- Composed of a Chief 5ustice and fourteen (8! Associate &ustices
- May sit en banc or in its discretion, in diisions of three, fie, or seen Members
- 3acancy shall be filled %ithin ninety days from the occurrence thereof.
Cases to be heard en banc and decided %ith the concurrence of a ma&ority of the
Members %ho actually too' part in the deliberations must inole the
constitutionality, application, or operation of:
a. a treaty,
b. international or e4ecutie a+reement,
c. la%,
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Se*urit) o' Tenure
Art. 3***, /ec. .
- Members of the &udiciary shall hold office durin+ +ood behaior until
they reach the a+e of ; or
They become incapacitated to dischar+e the duties of their office.
-The /C en banc shall hae the po%er
to discipline &ud+es of the lo%er courts or
order their dismissal by a ote of a ma&ority of the Members %ho too' part in the
deliberations in the issues in the case and oted thereon.
QQMembers of the /C cannot be remoed e4cept by impeachment. Thus, a /C &ustice
cannot be char+ed in a criminal case or a disbarment proceedin+, because the ultimateeffect of either is to remoe him from office, and thus circument the proision on
remoal by impeachment thus iolatin+ his security of tenure
Fis*a( Autonom)
Art. 3***, /ec. 1.
The 5udiciary shall en&oy fiscal autonomy. Appropriations for the 5udiciary may not be
reduced by the le+islature belo% the amount appropriated for the preious year and,
after approal, shall be automatically and re+ularly released.
4uris$i*tion
Su&reme Court
A! Origina( 6uris$i*tion Art. VIII# Se*. 9:
(! Cases affectin+ ambassadors, other public ministers
and consuls.
($! etitions for certiorari, prohibition, mandamus, uo %arranto and habeas corpus.
(1! /ufficiency of factual basis of proclamation of martial la% and suspension of priile+e
of %rit of Babeas Corpus.
G! A&&e((ate 4uris$i*tion Art VIII# Se* 91:
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The /upreme Court shall hae the po%er to reie%, reise, reerse, modify, or affirm on
(i! ordinary appeal, or (ii! petition for reie% on certiorari, as the la% or the ?ules of
Court may proide, final &ud+ment and orders of lo%er courts in the follo%in+ cases:
(! Cases uestionin+ the constitutionality or alidity of any (a! treaty, (b! international
and e4ecutie a+reement, (c! la% or statute, (d! presidential decree, (e! proclamation, (f!order, (+! instruction, (h! ordinance, or (i! re+ulation.
($! Cases uestionin+ the le+ality of an (a! ta4, (b! impost, (c! assessment, or (d! toll, or
(e! any penalty imposed in relation thereto.
(1! Cases in %hich the &urisdiction of lo%er courts is in issue.
(8! Criminal cases in %hich the penalty imposed is reclusion perpetua or hi+her.
(! Cases in %Nc only an error or uestion of la% is inoled.
(0! 2rders of the Constitutional Commissions.
Art. VII# Se*. .
444 The /upreme Court may reie%, in an appropriate proceedin+ filed by any citiHen,
the sufficiency of the factual basis of the proclamation of martial la% or the suspension
of the priile+e of the %rit or the e4tension thereof, and must promul+ate its decision
thereon %ithin thirty days from its filin+.
4uris$i*tion o"er Presi$entia( an$ Vi*e Presi$entia( e(e*tion *ontests
Art. VII# Se*. @.
444 The /upreme Court, sittin+ en banc, shall be the sole &ud+e of all contests relatin+
to the election, returns, and ualifications of the resident, 3ice-resident, and may
promul+ate its rule for the purpose.
4uris$i*tion o"er $e*ision# or$er# or ru(ing o' t!e Constitutiona( Commissions
Art. I-# A# Se*. .
9ach Constitutional commission shall decide any case or matter brou+ht before it
- by a ma&ority ote of all its members and
- %ithin 0 days from the date of its submission for decision or resolution.
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A case or matter is deemed submitted for decision or resolution upon the filin+ of the
last pleadin+, brief, or memorandum reuired by the rules of the Commission or by the
Commission itself. Dnless other%ise proided by this Constitution or by la%, any
decision, order or rulin+ of each Commission may be brou+ht to the /upreme Court on
certiorari by the a++rieed party %ithin thirty days from receipt of the copy thereof.
Congressiona( Power o"er 4uris$i*tion o' t!e Su&reme Court
Art. VIII# Se*. 1.
IThe Con+ress shall hae the po%er to define, prescribe and apportion the &urisdiction
of arious courts but may not deprie the /upreme Court of its &urisdiction oer cases
enumerated in /ection hereof.
P44J
7hile the &urisdiction of lo%er courts is a matter of le+islatie apportionment, the
Constitution sets certain limitations on this prero+atie %hen it inoles the /C:
. *t cannot decrease the constitutionally set &urisdiction of the /upreme Court. (*t may
not deprie the /upreme Court of its &urisdiction oer cases enumerated in /ection
hereof.!
$. *t cannot increase the constitutionally set appellate &urisdiction of the /upreme Court.
9Art. VI# Se*. ?:.
Bo%eer, Con+ress can:
*ncrease the ori+inal &urisdiction of the /C (pursuant to its eneral po%er!.
*t can ma'e the &urisdiction of the /C concurrent %ith lo%er courts (pursuant to its
+eneral po%er!.
Thus, under the ?ules of Court, the ori+inal &urisdiction of the /C is concurrent %ith the
?TC and in the case of the special ciil actions, %ith the CA.
A$ministrati"e &owers
Su&er"ision o' (ower *ourts
Art. VIII# Se*. .
The /upreme Court shall hae administratie superision oer all courts and the
personnel thereof.
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Ru(e maJing
Art. VIII# Se*. .
The /upreme Court shall
- romul+ate rules concernin+ (a! the protection and enforcement of constitutional
ri+hts, (b! pleadin+, practice and procedure in all courts, (c! the administration to the
practice of la%,(d! the *nte+rated Gar, and (e! le+al assistance to the underpriile+ed.
/uch rules shall:
(i! roide simplified and ine4pensie procedure, for the speedy disposition of cases
(ii! Ge uniform for all courts of the same +rade, and
(iii! ot diminish, increase or modify substantie ri+hts.
4UDICIAL AND 2AR COUNCIL
Art. VIII# Se*. .
(! A 5udicial and Gar Council is hereby created under the superision of the /upreme
Court composed of the:
94-officio members
(! Chief 5ustice as e4-officio Chairman
($! /ecretary of 5ustice(1! ?epresentatie of Con+ress
?e+ular members
(8! ?ep of the *nte+rated Gar(! rofessor of La%(0! ?etired member of the /C(;! ?epresentatie of priate sector
AUTO0ATIC RELEASE OF APPROPRIATION FOR THE 4UDICIAR8
Art. VIII# Se*. ?.
The 5udiciary shall en&oy fiscal autonomy. Appropriations for the 5udiciary may not be
reduced by the le+islature belo% the amount appropriated for the preious year and,
after approal, shall be automatically and re+ularly released.
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-. THE CONSTITUTIONAL CO00ISIONS 9ARTICLE I-# PHILIPPINE
CONSTITUTION:
The Constitutional Commissions, %hich sh