POLITICAL AND INTERNATIONAL LAW

THE PHILIPPINE CONSTITUTION

A. CONSTITUTION: DEFINITION, NATURE AND CONCEPTS.The constitution is a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. With particular reference to the Constitution of the Republic of the Philippines, it is a written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic.

The Philippine Constitution is written, conventional and rigid.1. It is written as its precepts are embodied in one document or set of documents;2. It is conventional because it is an enacted constitution formally struck off at a definite time and place following a conscious effort taken by a constituent body;3. It is rigid because it can only be amended by a formal and difficult process.

The 1987 Constitution took effect on February 2, 1987, the date of its ratification and plebiscite, which was held on that same date and not on the date its ratification was proclaimed.

B. PARTSThe 1987 Constitution is composed of 18 articles. These are as follows:1. Preamble2. Article 1 National Territory3. Article 2 Declaration of Principles and State Policies4. Article 3 Bill of Rights5. Article 4 Citizenship6. Article 5 Suffrage7. Article 6 Legislative Department8. Article 7 Executive Department9. Article 8 Judicial Department10. Article 9 Constitutional Commissions11. Article 10 Local Government12. Article 11 Accountability of Public Officers13. Article 12 National Economy and Patrimony14. Article 13 Social Justice and Human Rights15. Article 14 Education, Science and Technology, Arts, Culture and Sports16. Article 15 The Family17. Article 16 General Provisions18. Article 17 Amendments or Revisions19. Article 18 Transitory Provisions

The essential parts of a good written constitution are:1. Constitution of liberty;2. Constitution of government; and3. Constitution of sovereignty.

Constitution of Liberty contains the fundamental civil and political rights of the citizens as well as the limitations on the powers of the government to secure the enjoyment of the rights of the citizens.

Constitution of Government enumerates the powers of government and outlines its organization.

Constitution of Sovereignty contains the provisions on how changes in the Constitution may be made.

Amendment broadly refers to a change that adds, reduces, deletes, without altering the basic principle involved, and generally affects only the specific provision being amended. On the other hand, revision broadly implies a change that alters a basic principle in the Constitution or the substantial entirety of the Constitution, and generally affects several provisions of the Constitution.

The amendatory or revision process involves:1. Proposal; and 2. Ratification.

Proposal may be made by:1. The Congress acting as a Constituent Assembly by a vote of of all its members voting separately;2. The Constitutional Convention called either by 2/3 of all the members of the Congress or by majority of all the members of the Congress, with the question of whether to call for a constitutional convention to be resolved by the people in a plebiscite; or3. Peoples initiative through a petition of at least 12% of the total number of voters, of which every legislative district must be represented by at least 3% of the registered voters therein.Note: This mode may not be used within 5 years following the ratification of the 1987 Constitution, nor oftener than once every 5 years thereafter.

Ratification may be made by proposed amendment(s) submitted to the people and shall be deemed ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days;1. After approval of the proposal by Congress or Constitutional Convention; or2. After certification by the COMELEC of sufficiency of petition of the people.

The modes of revision are:1. By the Congress, upon a vote of of all its members; or 2. By a Constitutional Convention.

Peoples Initiative is not a mode of revision.

The two-part test must be satisfied by a peoples initiative, which are:1. Quantitative test It asks whether the proposed change is so extensive in its provisions as to change directly the substantial entirety of the constitution by the deletion or alteration of numerous existing provisions. The court examines only the number of provisions affected and does not consider the degree of the change; and2. Qualitative test It inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. Whether there is an alteration in the structure of the government is a proper subject of inquiry.

C. SELF EXECUTING AND NON-SELF-EXECUTING PROVISIONSelf-executing provisions are immediately effective without the need of legislation; those which the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself.

Non-self-executing provisions lay down a general principle, and merely indicate the principles without laying down rules giving them the force of law. The disregard of such provisions does not give rise to any cause of action before the courts.

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

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

II. GENERAL CONSIDERATIONS

A. NATIONAL TERRITORYThe national territory of the Philippines includes the following:1. The Philippine archipelago, with all the islands and waters embraced therein;2. All other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains;3. Its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas; and4. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Archipelagic DoctrineUnder this doctrine, the Philippine archipelago is considered as one integrated unit instead of being divided into more than 7,000 islands. It is the integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joing appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Its main purpose is to protect the territorial interests of an archipelago.

There are two methods in determining the territorial sea. These are:1. Normal baseline method- Under the normal baseline method, the territorial sea is imply drawn from the low-water mark of the coast, to the breadth claimed, following its sinuosities and curvatures but excluding the internal waters in bays and gulfs; or2. Straight baseline method- Under the straight baseline method, straight lines are made to connect appropriate points on the coast without departing radically from its general direction. This method may be employed in localities where the coastline is deeply indented or if there is a fringe of islands along the coast in the immediate vicinity.

B. STATE IMMUNITYThe state may not be sued without its consent. The rationale behind this is that there can be no legal right against the authority which makes the law on which the right depends.

Immunity is enjoyed by other States, consonant with the public international law principle par in parem non habet imperium. The head of State, who is deemed the personification of the State, is inviolable, and thus enjoys immunity from suit.

If the enforcement of the decision rendered against the public officer or agency impleaded will require an affirmative act from State, then, it is a suit against the State.

Note: A suit is against the state, regardless of who is named as defendant, if it produces adverse consequences on the public treasury, whether in the disbursement of funds or loss of property, the public official proceeded against not being liable in his personal capacity.

The State may, if it so desires, divest itself of its sovereign immunity and thereby voluntarily open itself to suit. In fine, the state may be sued if it gives its consent. The consent of the State to be sued may be given either (a) expressly or (b) impliedly.

The State may expressly give its consent to be sued when there is a law expressly granting authority to sue the State or any of its agencies. It may be manifested either through a general law or a special law.

The State may impliedly give its consent to be sued:1. When the State enters into a private contract, unless the contract is only incidental to the performance of a government function. This involves jure gestionis or private commercial, and proprietary acts;2. When the State enters into an operation that is essentially business operation, unless the business operation is only incidental to the performance of a governmental function;3. When the state sues a private party, unless the suit is entered into only to resist a claim.

Even when the government has been adjudged liable in a suit to which it has consented, it does not necessarily follow that the judgment can be enforced by execution against its funds. Consent to be sued does not include consent to the execution of judgment against it. When the State does waive its sovereign immunity, it is only giving the plaintiff the chance to prove, if it can, that the defendant is liable. Disbursements of public funds must be covered by the corresponding appropriation as required by law.

C. GENERAL PRINCIPLES AND STATE POLICIES

The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them. It is:1. Democratic, as participatory democracy, and contemplates instances where the people would act directly, and not through their representatives; and2. Republican as it is a representative government, a government run by and for the people, its essence in representation and renovation.

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

The law authorizes a declaration not of war but only of the existence of a state of war, in line with our renunciation of war as an instrument of national policy. It suggests a war already begun or provoked by the enemy and the existence of which we are only affirming. In other words, we are not the aggressor but merely reacting to an aggression.

There are two methods of making general principles of international laws part of the local laws of the Philippines, to wit:1. Doctrine of Incorporation By virtue of this doctrine, the Courts have applied the rules of international law in a number of cases even if such rules had not previously been subject of statutory enactments, because these generally accepted principles of international law are automatically part of our own laws.2. Doctrine of Transformation The transformation method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation.

Civilian Supremacy means that the sovereign Filipino people is supreme. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. As sovereignty resides in the people and all government authority emanates from them, and this supremacy is at all times, supreme over the military.

Section 1 of RA 7055 lays down the general rule that members of the AFP and other persons subject to military law, including members of the CAFGU, who commit crimes or offenses penalized under the Revised Penal Code, other special penal laws, or local ordinances shall be tried by the proper civil court, except where the civil court, before arraignment, has determined the offense to be service-connected, then the offending soldier shall be tried by a court martial. Lastly, the law states an exception to the exception, where the President of the Philippines, in the interest of justice, directs before arraignment that any such crimes or offenses be tried by the proper civil court.

The AFP exist in order to secure the sovereignty of the State, and to preserve the integrity of the national territory. In extraordinary circumstances they may also be called upon to protect the people when ordinary law and other forces need assistance. It is ensured by:1. The installation of the President, the highest civilian authority, as the commander-in-chief of all of the armed forces of the Philippines; and 2. The requirement that members of the AFP swear to uphold and defend the Constitution, which is the fundamental law of the civil government.

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

Note: The duty of the government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of he citizens would be to make this duty of the Government excusable should there be no sufficient men who would volunteer to enlist therein.

The separation of Church and State shall be inviolable. Under our constitutional scheme, it is no the task of the State to favor any religion by protecting it against an attack by another religion. Vis--vis religious differences, the State enjoys no banquet of option. Nonetheless, the wall of separation between Church and State is not a wall of hostility.

The non-establishment clause means that the State cannot set up a church, nor pass laws which aid one religion, aid all religions or prefer one religion over another, nor force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion.

There is a marked antipathy in the Constitution towards foreign military presence in the country, or of foreign influence in general. Moreover, the Philippines, consistent with the national interest, adopt and pursue a policy of freedom form nuclear weapons in its territory.

The right to security of person is a corollary of the policy that the State guarantees full respect for human rights. As the government is the chief guarantor of order and security, the Constitutional guarantee of the rights to life, liberty and security of person is rendered ineffective if government does not afford protection to these rights especially when they are under threat.

Generally, the provisions of Article II of the 1987 Constitution do not confer rights as they are merely declaration of principles and policies. However, the right to a balanced and healthful ecology enunciated in Article II, Section 16 gives rise to a cause of action that may be enforced by any citizen.

The State shall ensure the autonomy of local governments.

Note: The Constitution does not contemplate any state in this jurisdiction other than the Philippine State, much less does it provide for a transitory status that aims to prepare any part of the Philippine territory for independence.

The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Note: This provision does not contain a judicially enforceable constitutional right and merely specifies a guideline for legislative action. It is not intended to compel the State to enact positive measures that would accommodate as many as possible into public office. The privilege may be subjected to limitations such as the provision of the Omnibus Election Code on nuisance candidates.

Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Note: Article II, Sec. 28 of the Constitution recognizes the duly of officialdom to give information even if nobody demands. This provision is essential to hold public officials accountable to the people. The absence of an implementing legislation is not an excuse in not effecting such policy.

D. SEPARATION OF POWER

It operates to maintain the legislative powers to the legislative department, executive powers to the executive department, and those which are judicial in character to the judiciary.

The separation of powers seeks to prevent the concentration of authority in one person or group of persons that might lead to irreparable error or abuse in its exercise to the detriment of republican institutions.

This is the instance when powers are not confined exclusively within one department but are assigned to or shared by several departments. It is often necessary for certain powers to be reposed in more than one department, so that they may better collaborate with, and in the process check, each other for the public good.

The principle allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments.

E. DELEGATION OF POWERS

The general rules is potestas delegate non delegari potest(power delegated cannot futher be delegated). This is based on the ethical principles that delegated power constitutes not only a right but a duly to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.

There is permissible delegation in the following cases:1. Delegation to the people at large, examples are:a. System of initiative and referendum;b. Requirements of plebiscite in the creation, division, merger, abolition of LGUs; andc. The Initiative and Referendum Act.2. Emergency Powers of the President;3. Tariff Powers of the President;4. Delegation and Administrative Bodies (power of subordinate legislation);and5. Delegation to Local Government Units.

The test for valid delegation are:1. Completeness Test the law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate; and2. Sufficient Standard Test the law lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from running riot. To be sufficient, the standard must specify the limits of the delegates authority, announce the legislative policy and identify the conditions under which it is to be implemented.

F. FORMS OF GOVERNMENT

Classifications of government as to legitimacy:1. De Jure has a rightful title but no power or control, either because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof;2. De Facto actually exercises power or control but without legal title.

The government under Cory Aquino and the Freedom Constitution was a de jure government because it was established by authority of the legitimate sovereign, the people.

Classifications of government as to concentration of powers in a government branch:1. Presidential there is separation of executive and legislative powers;2. Parliamentary there is fusion of both executive and legislative powers in Parliament, although the actual exercise of the executive powers is vested in a Prime Minister who is chose by, and accountable to the Parliament.

Classifications of government as to centralization of control:1. Unitary Government- one in which the control of national and local affairs is exercised by the central or national government;2. Federal Government- one in which the powers of the government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere.

The Philippine Government is presidential and unitary. Although the Philippines is a unitary State, the Constitution accommodates within the system the operation of local government units with enhanced administrative autonomy and autonomous regions with limited political autonomy.

III LEGISLATIVE DEPARTMENT

A. WHO MAY EXERCISE LEGISLATIVE POWER

Congress

Legislative power, which is the power to propose, enact, amend and repeal laws, is vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provisions on initiative and referendum.

Regional/Local Legislative PowerLocal legislative power shall be exercised by the Sangguniang Panlalawigan for the province; the Sangguniang Panlungsod for the city; the Sangguniang Bayan for the municipality; and the Sangguniang Barangay for the barangay.

The power of local government units to legislate and enact ordinances and resolutions is merely a delegated power from Congress. Hence, ordinances should not contravene an existing statute enacted by Congress.

Peoples Initiative on Statutes

Peoples initiative is the power of the people to propose amendments to the Constitution or to propose or enact legislation through an election called for the purpose.

Note: RA 6735, also knows as the Peoples Initiative and Referendum Act, is incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned.

There is no need to revisit this Courts ruling in Santiago declaring RA 6735 incomplete, inadequate or wanting in essential terms and conditions to cover the system of initiative to amend the Constitution.

However, in the SCs Minute Resolution denying the motions to reconsider the dismissal of the petition for peoples initiative, ten(10) Members of the Court reiterated their position, as shown by their various opinions already given when the Lambino Decision was promulgated, that RA 6735 is sufficient and adequate to amend the Constitution thru a peoples initiative.

It may be argued then that this Minute Resolution, where 10 Justices reiterated the sufficiency of RA 6735 as an enabling law for the peoples initiative, has the effect of reversing the Santiago ruling.

Classes of peoples initiative, to wit:1. Initiative on the Constitution petition proposing amendments to the Constitution;2. Initiative on Statutes petition proposing to enact a national legislation; and 3. Initiative on Local Legislation petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance.

Referendum is the power of the electorate to approve or reject legislation through an election called for that purpose.

Classes of referendum, to wit:1. Referendum on Statutes petition to approve or reject an act or law or part thereof, passed by Congress; and2. Referendum on Local Laws legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian.

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

B. HOUSES OF CONGRESS

SenateThe senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualification for a person to become a member of the Senate:1. Natural-born citizen of the Philippines;2. At least 35 years of age on the day of the election;3. Able to read and write;4. Registered voter; and 5. Resident of the Philippines for not less than 2 years immediately preceding the day of the election.

The term of office of the Senators shall be 6 years and shall commence, unless otherwise provided by law, at noon on the 13th day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

House of Representatives

District Representatives and Questions of Apportionment

The House of Representatives shall be composed of not more than 250 members unless otherwise provided by law, consisting of:1. District Representatives - not less than 200 members, elected form legislative districts apportioned among the provinces, cities and the Metropolitan Manila area;2. Party-list Representatives shall constitute 20% of the total number of representatives elected through a party-list system of registered national, regional and sectoral parties or organizations.Note: One-half of the seats allocated to the party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. These members are referred to as sectoral representatives.

A person must meet the following qualifications to become a member of the House of Representatives:1. Natural-born citizen of the Philippines;2. At least 25 years of age on the day of the election;3. Able to read and write;4. Except the party-list representatives, a registered voter in the district in which he shall be elected; and 5. A resident thereof for a period of not less than 1 year immediately preceding the day of the election.

The Members of the House of Representatives shall be elected for a term of 3 years which shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election. No Member of the House of Representatives shall serve for more than 3 consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

The following rules govern the appointment of legislative districts:1. Shall be made in accordance with the number of respective inhabitants and on the basis of a uniform and progressive ratio;2. Each city with not less than 250,000 inhabitants is entitled to at least 1 representative. Each province, irrespective of the number of inhabitants, entitled to at least 1 representative.Note: The 250,000 minimum population is only required for a city, but not for a province.3. Each legislative district must be considered as far as practical contiguous, compact and adjacent territory.

Gerrymandering is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party. It is not allowed.

Party-List SystemThe Party-List System is a mechanism of proportional representation in the election of representatives to the House of Representatives from National. Regional and Sectoral parties or organizations or coalitions thereof registerd with the COMELEC.

The purpose of the Party-List System is to enable certain Filipino citizens especially those belonging to marginalized and underrepresented sectors, organizations and parties to be elected to the House of Representatives.

The new six-point parameters for screening party-list participants:1. Three different groups may participate in the party-list system:a. National parties or organizations;b. Regional parties or organizations; andc. Sectoral parties or organizations.2. National parties or organizations and regional parties or organizations do not need to organized along sectoral lines and do not need to represent any marginalized and underpresented sector.3. Political parties can participate in party-list elections provided they register under the party-list system and do not field candidates in legislative district elections. A political party, whether major or not, that fields candidates in legislative district elections can participate in party-list elections only through its sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition.4. Sectoral parties or organizations may either by marginalized and underrepresented or lacking in well-defined political constituencies. It is enough that their principal advocacy pertains to the special interest and concerns of their sector. The sectors that are marginalized and underrepresented include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas.5. A majority of the members of sectoral parties or organizations that represent the marginalized and underrepresented must belong to the marginalized and underrepresented sector they represent. Similarly, a majority of the member of sectoral parties or organizations that lack well-defined political constituencies must belong to the sector they represent. The nominees of sectoral parties or organizations that represent the marginalized and underrepresented, or that represent those who lack well-defined political constituencies, either must belong to their respective sectors, or must have a track record of advocacy for their respective sectors. The nominees of national and regional parties or organizations must be bona-fide member of such parties or organizations.6. The guidelines set under the Bagong Bayani case has been repealed by the ruling of the Supreme Court in Atong Paglaum vs Comelec.

The following must be met by a person to become a party-list nominee:1. Natural born citizen;2. A registered voter;3. A resident of the Philippines for a period of not less than 1 year immediately preceding the day of the election;4. Able to read and write;5. Bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election; and 6. At least 25 years of age on the day of the election. In case of the youth sector he must at least be 25 but not more than 30 years old on the day of the election.

Parameters in the party-list election in the Philippine, to wit:1. The 20% allocation 20% of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations, such that there is automatically one party-list seat for every four existing legislative districts.2. A guaranteed seat for the party-list organization garnering 2% of the total votes cast The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least 2% of the total party-list votes.3. Proportional representation The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than 2% of the total votes.4. The three-seat cap Each qualified party, regardless of the number of votes it actually obtained, is entitled only to a maximum of 3 seats.

The Supreme Court in Banat v Comelec struck down as unconstitutional the 2% threshold in the distribution of additional party-list seats in the second clause of Sec.11 Par b or RA 7941. The Court held that the continued operation of the 2% threshold in the distribution of the additional seats frustrates the attainment of the permissive ceiling that 20% of the members of the House of Representatives shall consist of party-list representatives.

Any elected party-list representatives who changes his political party or sectoral affiliation during his term of office shall forfeit his seat. Provided, that if he changes his political party or sectoral affiliation within 6 months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition concerned shall submit additional nominees.

The COMELEC, despite its role as the implementing arm of the Government in the enforcement and administration of all laws and regulations relative to the conduct of an election, has neither the authority nor the license to expand, extend, or add anything to the law it seeks to implement thereby. The IRRs the COMELEC issues for that purpose should always accord with the law to be implemented, and should not override, supplant, or modify the law. It is basic that the IRRs should remain consistent with the law they inted to carry out.

The Constitution grants the COMELEC the authority to register political parties, organizations or coalitions, and the authority to cancel the registration of the same on legal grounds. The said authority of the COMELEC is reflected in Sec 6 of RA 7941. In the case of the party-list nominees/representatives, it is the House of Representatives Electoral Tribunal that has jurisdiction over contests relating to their qualifications. Although it is the party-list organization that is voted for in the elections, it is no the organization that sits as and becomes a member of the House of Representatives, but it is the party-list nominee/representative who sits as a member of the House of Representatives.

The salaries of Senators and Member of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

The following are the immunities of Senators and Member of House of Representatives:1. Privilege from arrest In all offenses punishable by not more than 6 years imprisonment, a Senator or a member of the House shall be privileged from arrest while the Congress is in session.Note: it is available while the Congress is in session, whether the session is regular or special, or whether or not the legislator is actually attending his session. Session covers the entire period from its initial convening until its final adjournment. Members of Congress are not exempt from detention for crime.

2. Parliamentary privilege of speech They shall not be questioned nor be held liable in any other place for any speech or debate in the Congress or in any commitment thereof.Note: For any speech or debate includes any statement or utterances a legislator makes while he is performing his official functions.

Requisites to avail of the privilege of speech and debate:1. That the remarks must be made while the legislature or the legislative committee is in session; and2. That they must be made in connection with the discharge of official duties.

Disqualifications and Inhibitions imposed upon Senators and Member of Congress.1. Incompatible Office No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency or instrumentality thereof, including GOCCs or their subsidiaries during his term without forfeiting his seat; andNote: The general rule is they cannot simultaneously hold the incompatible office while serving their term in office. Exception: If it is shown that said other office or employment is an extension of the legislative position or is in aid of legislative duties.

2. Forbidden Office Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Parliamentary disqualifications and inhibitions imposed upon Members of Congress:The Senators and Member of House of Representative:1. Shall not personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies;2. Shall not be directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any GOCC, or its subsidiary, during his term; and3. Shall not intervene in any matter before any office of the Government of his pecuniary benefit or where he may be called upon to act on account of his office.As to the members of the Congress, there is no general prohibition as to the practice of their professions.

A Senator shall not be interested financially directly or indirectly in any contract with, or in any franchise or special privilege granted by the Government during his term. He cannot hide behind the defense of separate personalities between him and the corporation as the law prohibits indirect financial interest.

Quorum prescribed for the House of Congress.A majority of all the members of each House shall constitute a quorum, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner and under such penalties as such House may determine.Note: The existence of a quorum is based on the proportion between those physically present and the total membership of the body.

Quorum prescribed for the Senate.The basis in determining the existence of a quorum in the Senate shall be the total number of incumbent Senators who are in the country and within the coercive jurisdiction of the State.

Majority of all Members of Congress means majority of the entire composition of Congress regardless of the number of members present or absent during the time the question is brought to the floor as long as there is quorum.

Majority of the House mean majority of the incumbent Members who are within the coercive jurisdiction of Congress.

Rule on the Disciplining of Members of Congress.Each House may determine the rules of its proceeding, punish its Members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed 60 days.

C. ELECTORAL TRIBUNALS AND THE COMMISSION ON APPOINTMENTS

Electoral TribunalsNature

Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

The Electoral Tribunal shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.

The Electoral Tribunal is independent of the House of Congress and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion in a petition for certiorari filed under Rule 65. This means that each Electoral Tribunal is not subject to the control of the House to which it pertains, and its decisions can only be corrected by the Supreme Court through a special remedy of certiorari.

PowersThe Electoral Tribunal acts as the sole judge of all contests relating to the election, returns, and qualifications of the respective members of each House.

Once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the House of Representatives, Comelecs jurisdiction over election contests relating to his election, returns and qualifications ends, and the House of Representative Electoral Tribunals (HRET) own jurisdiction begins.

The HRET decides whether a party list representative is qualified but the COMELEC can decide whether a party-list organization is qualified to join the party-list system.

Commission on AppointmentsNature

There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein.Note: For the Senate, a political party must have at least 2 member to be entitled to one seat in Commission on Appointment. Rounding off is not allowed.

The Commission shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker.

The Commission is independent of the two Houses; its employees are not technically employees of Congress. It has the power to promulgate its own rules of proceedings.

PowersThe Commission on Appointments acts a legislative check on the appointing authority of the President. For the effectivity of the appointment of certain key officials enumerated in the Constitution, the consent of the Commission on Appointments is needed.

The Commission shall rule by a majority vote of its members. Chairman shall not vote except in case of a tie.Note: Art VI Sec 18 contemplates that COA shall rule by a majority vote of all the members and thus, 10 senators would sufficiently constitute the Senates delegation in the COA.

The Commission shall meet only while Congress is in session, at the call of its Chairman or a majority of all its members.

D. POWERS OF CONGRESS

LegislativeLegislative Inquiries and the Oversight Functions

Legislative inquiries may refer to the implementation or re-examination of any law or appropriation, or in connection with any proposed legislation or for the formulation of, or in connection with, future legislation, or will aid in the review or formulation of a new legislative policy or enactment. Legislative inquiry is inherent in Congress. The inquiry, to be within the jurisdiction of the legislative body to make, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate, or to expel a Member.

The power of legislative investigation of the Congress involves the following:1. Power to conduct inquiry in aid of legislation in accordance with its duly published rules of procedure;2. Power to issue summons and notices in connection with matters subject of its investigation or inquiry;3. Power to punish or declare a person in contempt during or in the course of legislative investigation.

The limitations on the power of legislative investigation of the Congress.1. Must be aid of legislation;2. In accordance with duly published rules of procedures; and 3. Right of person appearing in, or affected by such inquiry shall be respected.

Oversight functions of the Congress.The heads of departments may upon their own initiative with the consent of the President, or upon the request of either House, as the rules of each house shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least 3 days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires, the appearance shall be conducted in executive session.

Question HourSection 22 does not provide for a question hour. The question hour is proper to a parliamentary system where there is no separation between the legislative and executive department. Section 22, unlike in the question hour under the 1973 Constitution, has made the appearance of department heads voluntary. They can appear on their own initiative, with the consent of the President, or at the request of Congress. Because of the separation of power, however, department secretaries may not impose their appearance upon either House. This notwithstanding, the Supreme Court referred to the oversight function of the Congress under Section 22, Article VI as question hour. In the said case, the Supreme Court ruled that Sections 21 and 22, therefore, while closely related and complementary to each other, should not be considered as pertaining to the same power of Congress. One specifically relates to the power to conduct inquiries in aid of legislation, the aim of which is to elicit information that may be used for legislation, while the other pertains to the power to conduct a question hour, the objective of which is to obtain information in pursuit of Congress oversight function.

Difference between the right of the Congress to conduct inquiry in aid of legislation (Sec 21) and its oversight function (Sec 22).

Sec. 21 (Right to conduct inquiry in aid of legislation)Sec. 22 (Oversight function of Congress)

As to who may appear

Any personOnly a department head

As to who conducts investigation

CommitteesEntire Body

As to subject matter

Any matter for the purpose of legislationMatters related to the department only

As to purpose

Congress has the power to conduct inquiries in aid of legislation the aim of which is to elicit information that may be used for legislation.Congress has the power to question department heads, the objective of which is to obtain information in pursuit of Congress oversight functions.

As to attendance

Attendance is compulsory.Attendance is discretionary hence it is valid for the President to require that consent be obtained first before subordinates appear in Congress during the question hour

As to compelling power of Congress

Congress can compel the attendance of executive officialsCongress cannot request the appearance of executive officials if the required consent of the President is not obtained first, or if no such consent is given.

Bicameral Conference CommitteeIn a bicameral system, bills are independently processed by both houses of Congress. The Conference Committee consisting of members nominated from both Houses is an extra-constitutional creation of Congress whose function is to propose to Congress ways of reconciling conflicting provisions found in the Senate version and House version of the bill. It performs a necessary function in a bicameral system. They should not, however, perform functions that the Congress itself may not do. Moreover, their proposals need confirmation by both houses of Congress.

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

Limitations on Legislative PowerLimitations on revenue, appropriations, and tariff measures

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

Express limitations on revenue, appropriations, and tariff measures of the Congress:1. All appropriation, revenue and tariff bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments;Note: the exclusivity of the prerogative of the House of Representatives means simply that the House alone can initiate the passage of a revenue bill, such that, if the House does not initiate one, no revenue law will be passed. But once the House has approved a revenue bill and passed it on to the Senate, the Senate can completely overhaul it, by amendment of parts or by amendment of substitution, and come out with one completely different from what the House approved.2. The general appropriation law must be based on the budget prepared by the President. The form, content and manner of preparation of budget shall be provided by law;3. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget;4. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein;5. A special appropriation bill shall specify:a. Purpose for which it is intended, andb. Shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein;6. Prohibition against transfer of appropriations (Doctrine of Augmentation) The President, Senate President, Speaker of the House, Chief Justice of the Supreme Court, and heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriation;7. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes;Note: Discretionary Funds funds appropriated by Congress for certain activities of the government to be disbursed at the discretion of certain officials; said funds must be disbursed only for public purposes, supported by appropriate vouchers, and subject to the guidelines as may be prescribed by law.8. Automatic re-appropriation if, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bills is passed by the Congress;9. Section 29 (2) prohibits appropriation for sectarian benefit.Note: Aside form the express exceptions, payment of public funds is prohibited to ecclesiastics only as such, which means that they may be paid from public funds if they serve the government in a non-ecclesiastical capacity; and10. One-title, one-subject rule. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. The purpose of this rules involves the prevention of hodgepodge or log-rolling legislation which contains several subjects dealing with unrelated matters representing diverse interests, prevention of surprise or fraud upon the legislature, and the fair appraisal of the people.

Implied limitations on the power of the Congress to appropriate:1. The appropriation must be devoted to a public purpose; and2. The sum authorized to be released must be determinate or at least determinable.

Presidential Veto and Congressional OverrideThe general rule is that the President must approve entirely or disapprove in toto.The exception to this rule is in case of appropriation, revenue and tariff bills where item-veto is allowed.Note: However, there are exceptions to this exceptions, namely:1. Doctrine of Inappropriate Provisions a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item.2. Executive Impoundment refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type.

Rules on Congressional Override.If the President exercises his power to veto, he must return the bill with his objections to the House where it originated which shall enter the objections at large in its journal and proceed to reconsider it. The House may either:1. Take into account the objections made by the President and make corresponding amendments in the bill. The bill, as amended, will again be presented to the President for his approval; or2. Invalidate the veto and convert the bill into law over the objection of the President when concurred by the vote of 2/3 of all the members of each House.

The President shall communicate his veto of any bill to the House where it originated within 30 days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

Pocket VetoVetoing of a bill by an executive by not acting in the time given by law.Note: An invalid veto is without effect. It is as if the President did not act on the bill at all. Hence, the bill becomes a law by executive inaction.

Non-legislativeInforming FunctionThe informing function of the Congress involves investigating for the purpose of enlightening the electorate. The informing function is different from the investigation in aid of legislation or by way of oversight.

Power of ImpeachmentThe House of Representatives shall have the exclusive power to initiate all cases of impeachment. The Senate shall have the sole power to try and decide all cases of impeachment. The President, the Vice-President, the Members of the Supreme Court, the Member of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

Other Non-Legislative Powers1. Canvass presidential elections;2. Declare the existence of a state of war;3. Delegation of emergency powers;4. Call special election for President and Vice-President;5. Give concurrence to amnesties and treaties;6. Propose constitutional amendments;7. Confirm certain appointments;8. Decide the disability of the President because majority of the Cabinet dispute his assertion that he is able to discharge his duties;9. Revoke or extend proclamation of suspension of privilege of habeas corpus or declarations of martial law via legislative veto; and10. Power with regard to utilization of natural resources.

IV. EXECUTIVE DEPARTMENT

Privileges afforded to the President and Vice-President:1. Official residence for the President; and2. Salaries of the President and Vice-President are determined by law and not to be decreased during his tenure.

Inhibitions and Disqualifications under the law:1. No increase in salaries during their tenure;2. Shall not receive any other emoluments from the government or any other source;3. Shall not hold any other office or employment, unless otherwise provided in the Constitution;4. Shall not, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including GOCCs or their subsidiaries;5. Strictly avoid conflict of interest in the conduct of their office; and6. May not appoint spouse or relatives by consanguinity or affinity within the 4th civil degree as Members of Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries.

Presidential ImmunityThe President shall have immunity from suit for official acts during his tenure. However, after his tenure, the Chief Executive cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties.

A non-sitting President does not enjoy immunity from suit, even for acts committed during the latters tenure. The Rule is that unlawful acts of public officials are not acts of the State and the officer who acts illegally is not acting as such but stands in the same footing as any other trespasser. The intent of the framers of the Constitution is clear that the immunity of the President from suit is concurrent only with his tenure and not his term.

Presidential PrivilegeExecutive privilege is the power of the President to withhold certain types of information from the courts, the Congress, and ultimately the public.

Scope of the privilegePresidential conversations, correspondences, or discussions during closed-door Cabinet meetings, like the internal deliberations of the Supreme Court and other collegiate courts, or executive sessions of either House of Congress, are recognized as confidential. This kind of information cannot be pried open by a co-equal branch of government.

Kinds of executive privilege1. State secrets privilege the information is of such nature that its disclosure would subvert crucial military or diplomatic objectives;2. Informers privilege, or the privilege of the Government non-disclosure of the identity of persons who furnish information of violations of law to officers charged with the enforcement of that law;3. Generic privilege for internal deliberations attach to intra-governmental documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.

A. POWERS

Executive and Administrative Powers in GeneralExecutive power pertains to the power to enforce and administer the laws. It shall be vested in the President of the Philippines. On the other hand, administrative power refers to the Presidents control over all executive departments, bureaus and offices. He shall ensure that laws are faithfully executed.

Power of Administrative ReorganizationIt is the Presidents continuing authority to reorganize the national government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials. It is effected in good faith if it is for the purpose of economy or to make bureaucracy more efficient.

Faithful Execution ClauseThe second sentence of Section 17, Article VII is referred to as the take care power of the President and also sometimes called the faithful execution clause. Under the provision, the President is bound to ensure the faithful execution of laws regardless of his belief in the legality of said laws. Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to its validity.

Power of AppointmentIn GeneralAn appointment is the selection, by the authority vested with the power to do so, of an individual who will be tasked to exercise the functions of a given office. It differs from a designation in that the latter simply means the imposition of additional duties, usually by law, on a person already in the public service. It is also different from a commission, which refers to the written evidence of the appointment.

Kinds of Presidential Appointments:1. Appointments made by an Acting President;2. Midnight appointment appointment made by a President within 2 months before the next presidential elections and up to the end of his term; and3. Regular presidential appointments, with or without confirmation by the Commission on Appointments, and recess or ad-interim appointments.

Appointments that can be made solely by the President:1. Those vested by the Constitution on the President alone;2. Those whose appointments are not otherwise provided for by law;3. Those whom he may be authorized by law to appoint; and4. Those other officers lower in rank whose appointment is vested by law in the President alone.

Commission on Appointments ConfirmationThe President shall nominate and, with the consent of the Commission on Appointments, appoint:1. Heads of executive departments;2. Ambassadors and other public ministers and consuls;3. Officers of the AFP from the rank of colonel or naval captain;4. Officers whose appointments are vested in him by the Constitution:a. Regular members of the Judicial and Bar Council;b. Chairmen and members of the Constitutional Commissions; andc. Sectoral representatives.

Appointments that need no confirmation from the Commission on Appointments:1. Members of the Supreme Court and judges of lower courts;2. Ombudsman and his deputies;3. Commissioner of Customs;4. Chairman of the Commission on Human Rights;5. Appointments and promotions in the Philippine Coast Guard.

Procedure for appointments that need the confirmation of the Commission on Appointments:1. Nomination by the President;2. Confirmation by the Commission on Appointments;3. Issuance of commission; and4. Acceptance by the appointee.

By-passed appointmentA by-passed appointment is one that has not been finally acted upon on the merits by the Commission on Appointments at the close of the session of Congress. There is no final decision by the Commission on Appointments to give or withhold its consent to the appointment as required by the Constitution.

Effects of a by-passed appointmentNominations or appointments submitted by the President of the Philippines which are not finally acted upon at the close of the session of Congress shall be returned to the President and, unless a new nominations or appointments are made, shall not again be considered by the Commission on Appointments.

Midnight AppointmentsMidnight appointments are appointments made by a President within 2 months before the next presidential elections and up to the end of his term.

Rules on Midnight AppointmentsAs a general rule, 2 months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments. The exception to this rule is temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

The rule on midnight appointments does not apply to appointments to the Supreme Court. The Constitutional Commission confined the prohibition to appointments made in the Executive Department. The framers did not need to extend the prohibition to appointments in the Judiciary because their establishment of the JBC and their subjecting the nomination and screening of candidates for judicial positions to the unhurried and deliberate prior process of the JBC ensured that there would no longer be midnight appointments to the Judiciary.

Power of RemovalRules on the Presidents power of removalThe general rule is that from the express power of appointment, the President derives the implied power of removal. Exceptions to this rules are those appointed by him where the Constitution prescribes certain methods for separation from public service.Note: In cases, where the power of removal is lodged in the President, the same may be exercised only for causes as may be provided by law, and in accordance with the prescribed administrative procedure. The President may directly discipline the members of the career service of the Civil Service who are appointed by him.

Power of Control and SupervisionControl is the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. On the other hand, supervision is the power or authority of an officer to see that subordinate officers perform their duties, and if the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law.

Doctrine of Qualified Political AgencyAll executives and administrative organizations are adjuncts of the Executive Department, the heads of the various executive, and, except in cases where the Chief Executive is required by the Constitution or law to act in person or exigencies of the situation demand that he acts personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, and the acts of the Secretaries of Executive departments when performed and promulgated in the regular course of business are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief Executive.Note: Thus, the Executive Secretary, when acting by authority of the President may reverse the decision of another department secretary. The decision of the Cabinet Secretary carries the presumptive approval of the President, and there is no need to appeal the decision to the President in order to complete exhaustion of administrative remedies.

Executive Departments and OfficesThe President shall have control of all executive departments, bureaus, and offices.

Local Government UnitsThe President of the Philippines shall exercise general supervision over local governments. The President can only interfere in the affairs and activities of a local government unit if he or she finds that the latter had acted contrary to law.

Military PowersThe President is the Commander-in-Chief of all armed forces of the Philippines. As Commander-in-Chief of all armed forces of the Philippines, the President may call out the Armed Forces to prevent or suppress lawless violence, invasion or rebellion only. He may also organize courts martial for the discipline of members of the armed forces and create military commissions for the punishment of war criminals.

Power of the President to suspend the privilege of the writ of habeas corpus.The grounds allowed by law for the suspension of the privilege of habeas corpus are invasion or rebellion only, when public safety requires it. The suspension shall not exceed 60 days following which it shall be lifted, unless extended by Congress. Suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Persons arrested must be judicially charged within 3 days; if not, they must be released.Note: Proclamation of suspension does not affect the right to bail. It does not supersede civilian authority.

Grounds for the declaration of martial law.Martial law can only be declared by the President in cases of lawless violence, invasion or rebellion.

Limitations to the military powers of the President.1. The President shall submit a report in person or in writing to the Congress within 48 hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus;2. The Congress, voting jointly, by a vote of at least a majority of all its members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President;3. Congress may extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it;4. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within 30 days from its filing; and5. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function nor automatically suspend the privilege of the writ.

Pardoning PowerNature and Limitations

The nature of the pardoning power of the President.The Pardoning power of the President is discretionary, may not be controlled by the legislature or reversed by the court, unless there is a constitutional violation. In granting the power of executive clemency upon the President, Section 19, Article VII of the Constitution does not distinguish between criminal and administrative cases.

Limitations to the pardoning power of the President.1. Cannot be granted in cases of impeachment;2. Cannot be granted in violations of election laws without the favorable recommendation of the COMELEC;3. Can be granted only after conviction by final judgment (except amnesty);4. Cannot be granted in cases of legislative contempt or civil contempt;5. Cannot absolve convict of civil liability;6. Cannot restore public offices forfeited; and7. A grant of amnesty must be with the concurrence of a majority of all the Members of Congress.

Forms of Executive Clemency

Pardon is an act of grace which exempts an individual on whom it is bestowed from punishment which the law inflicts for a crime he has committed. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. It can be rejected.

Classifications of pardon1. Conditional pardon in the nature of a contract between the Chief Executive and the convicted criminal; by the pardonees consent to the terms stipulated in the contract, the pardonee has placed himself under the supervision of the Chief Executive or his delegate who is duty bound to see to it that the pardonee complies with the conditions of the pardon; or2. Absolute pardon does not impose any condition upon the pardonee and is complete even without the necessity of acceptance.

Amnesty is an act of grace by the President, concurred in by the Legislature, usually extended to classes of persons or communities who may be guilty of political offenses, generally before or after the institution of the criminal prosecution and sometimes after conviction. It looks backward and abolishes and puts into oblivion the offense itself that the person released by amnesty stands before the law precisely though he had committed no offense.

Other forms of executive clemency1. Commutation reduction or mitigation of the penalty.2. Reprieve postponement of sentence to a date certain, or stay of execution.3. Parole release from imprisonment, but without full restoration of liberty, as parolee is in the custody of the law although not in confinement and;4. Remission of fines and forfeiture merely prevents the collection of fines or the confiscation of forfeited property; it cannot have the effect of returning property which has been vested in third parties or money already in public treasury.

Diplomatic power of the PresidentThe President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.

No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the Members of the Senate.

Note: The power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate, however is limited only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. The concurrence of said House of Congress is required by our fundamental law in the making of treaties, which are, however, distinct and different from executive agreement, which may be validly entered into without such concurrence.

Other foreign affairs powers granted to the President1. The power to make treaties;2. The power to appoint ambassadors, other public ministers, and consuls; and3. The power to receive ambassadors and other public ministers duly accredited to the Philippines.

A treaty as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

An executive agreement is similar to a treaty, except that the former does not require legislative concurrence, is usually less formal, and deals with a narrower range of subject matters.

International agreements involving political issues or change of national policy and those involving international arrangements of a permanent character usually take the form of treaties. But international agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less temporary nature usually take the form of executive agreements.

The right of the Executive to enter into binding agreements without the necessity of subsequent Congressional approval has been confirmed by long usage. From the earliest days of our history, we have entered into executive agreements covering such subjects as commercial and consular relations, most favored-nation rights, patent rights, trademark and copyright protection, postal and navigation arrangements and the settlement of claims. The validity of these has never been seriously questioned by our courts.

Powers Relative to Appropriation MeasuresPowers granted to the President in relation to appropriation measures that may be taken1. The President shall submit to the Congress within 30 days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures;2. The President may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriation; and3. The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.Pocket vetoIt is one in which the President does not act on a bill passed by Congress resulting in the disapproval of the bill. It is not allowed under the Constitution because if the President does not communicate his veto within 30 days after the date of receipt of a bill. It shall become a law as if he signed it.

It is not allowed under the Constitution because if the President does not communicate his veto within 30 days after the date of receipt of a bill, it shall become a law as if he signed it.

Delegated PowersThe Constitution grants emergency powers to the President and tariff powers.

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

Conditions for the vesture of emergency powers to the President1. There must be war or other national emergency;2. The delegation must be for a limited period only;3. The delegation must be subject to such restrictions as the Congress may prescribe; and4. The emergency powers must be exercised to carry out a national policy declared by Congress.

The President is granted stand-by or flexible tariff powers in the Tariff and Customs Code. The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

Residual PowersThe President, upon whom executive power is vested, has unstated residual powers which are implied from the grant of executive power and which are necessary for her to comply with her duties under the Constitution. The powers of the President are not limited to what are expressly enumerated in the article on the Executive Department and in scattered provisions of the Constitution.

This is so, notwithstanding the avowed intent of the members of the Constitutional Commission of 1986 to limit the powers of the President as a reaction to the abuses under the regime of Mr. Marcos, for the result was a limitation of specific power of the President, particularly those relating to the Commander-in-Chief clause, but not a diminution of the general grant of executive power.

The President has the residual power to forbid the return of her exiled predecessor, to declare a state of rebellion, and to implement reorganization measures.

B. RULES OF SUCCESSION

Rules of succession if the vacancy occurs before the beginning of the term of the President1. In case of death or permanent disability of the president-elect, the Vice-President elect shall become President;2. In case of failure to elect the President, the Vice-President shall act as the President until the president shall have been chosen and qualified; or3. In case no President and Vice-President shall have been chosen and qualified, or where both shall have died or become permanently disabled, the Senate President, or in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified. Congress shall by law provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability or inability of this officials mentioned herein.

Rules of succession if the vacancy occurs during the incumbency of the President1. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become President to serve the unexpired term; or2. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the Senate President, or in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been elected and qualified.

Rules of succession when there is presidential inability to discharge the powers and duties of the President1. When the President transmits to the Senate President and to the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, the powers and duties of his office shall be discharged by the Vice-President as Acting President; or2. When a majority of all the members of the Cabinet transmit to the Senate President and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

V. JUDICIAL DEPARTMENT

A. CONCEPTS

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion on the part of any branch or instrumentality of the Government.

Judicial Review is the power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. This is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the Constitution.

Requisites:1. Actual case or controversy;2. The Constitutional question must be raised by the proper party;3. The Constitutional question must be raised at the earliest possible opportunity; and4. The decision on the constitutional question must be determinative of the case itself.

Operative Fact DoctrineUnder the operative fact doctrine, the law is recognized as unconstitutional but the effects of the unconstitutional law, prior to its declaration of nullity, may be left undisturbed as a matter of equity and fair play. In fact, the invocation of the operative fact doctrine is an admission that the law is unconstitutional.Note: In keeping with the demands of equity, the Court can apply the operative fact doctrine to acts and consequences that resulted from the reliance not only on a law or executive act which is quasi-legislative in nature but also on decisions or orders of the executive branch which were later nullified.

Moot QuestionsA moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. Generally, the courts decline jurisdiction over a moot and academic case or dismiss it on the ground of mootness. However, this is subject on the following exceptions:1. There is a grave violation of the Constitution;2. There is an exceptional character of the situation and the paramount public interest is involved;3. The constitutional issue raised requires formation of controlling principles to guide the bench, the bar, and the public; or4. The case is capable of repetition yet evading review.

Political Question DoctrineThe term political question connotes what it means in ordinary parlance, namely, a question of policy. It refers to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislature or executive branch of the Government. It is concerned with issues dependent upon the wisdom, not legally, of a particular measure.

Species of political questions1. Truly political questions; and2. Those which are not true political questions.

Truly political questions are beyond judicial review the reason being is the respect of the doctrine of separation of powers. On the other hand, by virtue of Sec 1, Art VIII of the Constitution, courts can review questions which are not truly political in nature.Note: The determination of a truly political question from a non-justiciable political question lies in the answer to the question of whether there are constitutionally imposed limits on powers or functions conferred upon political bodies.

Questions which, under the Constitution, are to be decided in regard of full discretionary authority that has been delegated to the Legislature or executive branch of the Government are political questions.

B. SAFEGUARDS OF JUDICIAL INDEPENDECE

Safeguards of judicial independence are the following:1. The Supreme Court is a constitutional body and may not be abolished by the legislature;2. Members are only removable by impeachment;3. SC may not be deprived of its minimum original and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or concurrence;4. SC has administrative supervision over all inferior courts and personnel;5. SC has exclusive power to discipline judges/justices of inferior courts;6. Members of the judiciary enjoy security of tenure;7. Members of the judiciary may not be designated to any agency performing quasi-judicial or administrative functions;8. Salaries of judges may not be reduced; judiciary enjoys fiscal autonomy;9. SC alone may initiate and promulgate the Rules of Court;10. SC alone may order temporary detail of judges; and11. SC can appoint all officials and employees of the Judiciary.

C. JUDICIAL RESTRAINTJudicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their won power in certain case. It allows the political processes to operate without undue interference. In terms of legislative acts, the principle of judicial restraint means that every intendment of the law must be adjudged by the courts in favor of its constitutionality, invalidity being a measure of last resort. In construing therefore the provisions of a statute, courts must first ascertain whether an interpretation is fairly possible to sidestep the question of constitutionality.

D. APPOINTMENTS TO THE JUDICIARY

Qualifications for Chief Justice and Associate Justices of the Supreme Court1. Natural-born citizen;2. At least 40 years old;3. 15 years or more as a judge of a lower court or has been engaged in the practice of law in the Philippines for the same period; and4. A person of proven competence, integrity, probity and independence.

Qualification for the Presiding Justice and Associate Justices of the Court of AppealsThe same qualifications as those provided for Justices of the Supreme Court must be satisfied for a person to become Presiding Justice or Associate Justice of the Court of Appeals.

Qualifications for Regional Trial Court Judges1. Citizen of the Philippines;2. At least 35 years old; and3. Has been engaged for at least 10 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite; and4. A person of proven competence, integrity, probity and independence.

Qualifications for Metropolitan, Municipal, and Municipal Circuit Trial Court Judges1. Citizen of the Philippines;2. At least 30 years old;3. Has been engaged for at least 5 years in the province of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensible requisite; and4. A person of proven competence, integrity, probity, and independence.

Procedure for appointments in the Judiciary1. The President appoints from among a list of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy; or2. For lower courts, President shall issue the appointment 90 days from submission of the list.

Composition of the Judicial and Bar CouncilThe JBC is composed of the Chief Justices as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

E. SUPREME COURT

En Banc and Division CasesWhen the SC sits en banc, cases are decided by the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, provided there is quorum. The following cases are to be heard and decided en banc:1. All cases involving the constitutionality of a treaty, international or executive agreement, or law;2. Cases involving the constitutionality, applications, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations;3. Cases heard by a division when the required majority in the division is not obtained;4. Cases where the SC modifies or reverses a doctrine or principle of law previously laid down either en banc or in division;5. Administrative cases where the vote is for the dismissal of a judge of a lower court or otherwise to discipline such one; and6. Election contests for President and Vice-President.Note: the SC, relaxing the application of the Rules of Procedure, held that a motion for reconsideration of a decision invalidating a law must be decided by the concurrence of a majority of its members; a deadlock in deciding the motion will sustain the constitutionality of the law even though it has been previously declared unconstitutional by a majority vote.

There are now three divisions of the SC with 5 members each. Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such members. When the required number is not obtained, the case