Political Law 1

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POLITICAL LAW REVIEWVOLUME I

Based on the outline of Justice Vicente V. Mendoza

April 1996 Revised Edition

_______________

Compiled by Jose Salvador Y. Mirasol

Updated by UP a! Batch "##$

Updated and Enlarged ! Rodell A" MolinaUP La# $at%& 1996

This revised edition is intended to further improve a previous edition of thiswork. Important points taken from Justice Isagani Cruz's book in Political Law havebeen summarized in this work.

pecial thanks to Lianne Tan for lending me her diskette in Political Law !eview as updated b" #P Law $atch %&&( )a. !osario $ernardo for digesting some of the cases in volume I( hirle" *linea for lending me her notes in Political Law( +on Lerrer( $udd" Carale and TJ )atta for patientl" printing this work.

This work is dedicated to #P Law $atch %&&,( to which I belong( most speciall" to ection *. )a" this work help us in passing Political Law this coming bar e-ams in eptember %&&,.

Let us all pra" for a one hundred per cent passing rate.

To /im be the glor" and honor forever. %% &'M

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)*+*&' ,+-&/UC-,+



POLITICAL LAW REVIEW

,. 'E(I)ITIO)* A)' CO)CEPT* I) PU$LIC LAW

A" Politi%al La# de+ined

-hat branch of public la! !hich deals !ith the or0anization and operation of the0overnment or0ans of the state and defines the relations of the state !ith the inhabitants of its

territory. 1Sinco2 Philippine Political a! "2 ""th ed.2 "#345

Scope of Political a!.%% -he entire field of political la! may be subdivided into 1a5 thela! of public administration2 1b5 constitutional la!2 1c5 administrative la!2 and 1d5 the la! of public corporations. -hese four subdivisions may be briefly described for the time bein02 asfollo!s6 -he first deals !ith the or0anization and mana0ement of the different branches of the0overnment7 the second2 !ith the 0uaranties of the constitution to individual ri0hts and thelimitations on 0overnmental action7 the third2 !ith the e8ercise of e8ecutive po!er in the ma9in0 of rules and the decision of :uestions affectin0 private ri0hts7 and the last2 !ith 0overnmental a0enciesfor local 0overnment or for other special purposes. 1Sinco "5

Macariola v 'suncion2 ""; SC&' << 1"#=45

panish Code of Commerce Provision 0is1ualif"ing Judges from 2ngaging in Commerce is Part of panish Political Law *brogated b" Change of overeignt"

>6 -he complainant alle0ed that respondent ?ud0e of the C>, violated para0raphs " and $2 'rt. "; of the Code of Commerce 1!@c prohibited ?ud0es2 amon0 others2 from en0a0in0 in commerce2 either in person or in pro8y or in the financial intervention in commercial or industrial companies !@in the limitsof the districts5 !hen he associated himself !@ the -raders Mft0. A >ishin0 ,ndustries2 ,nc. as astoc9holder and pres.2 said corp. havin0 been or0anized to en0a0e in business.

*/6 'lthou0h this provision is incorporated in the Code of Commerce !@c is part of the commercial la!s of the Phils2 it parta9es of the nature of a political la! as it re0ulates the

relationship bet!een the 0overnment and certain public officers and employees2 li9e ?ustices and ?ud0es. Political law has been defined as that branch of public law w3c deals w3 the organizationand operation of the governmental organs of the tate and defines the relations of the state w3 the inhabitants of its territor". Specifically2 'rt. "; of the Code of Commerce parta9es more of the nature of an administrative la! bec. it re0ulates the conduct of certain public officers andemployees !@ respect to en0a0in0 in business7 hence2 political in essence.

888 Upon the transfer of soverei0nty from Spain to US2 and later on from US to the&epublic of the Phils.2 'rt. "; of the said Code must be deemed to have been abro0ated bec. !herethere is chan0e of soverei0nty2 the political la!s of the former soverei0n2 !hether compatible or not!@ those of the ne! soverei0n2 are automatically abro0ated2 unless they are e8pressly re%enacted byaffirmative act of the ne! soverei0n. -here appears to be no enablin0 or affirmative act.Conse:uently2 'rt. "; of the Code of Commerce has no le0al and bindin0 effect and cannot apply torespondent Jud0e. VV"

$" Constit,tional La# 'e+ined

' constitution is both a le0al document and a political plan. ,t2 therefore2 embodies le0alrules as !ell as political principles. 'nd so !hen !e spea9 of constitutional la! in the strict senseof the tern2 !e refer to the le0al rules of the constitution. 888

888

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,n the sense in !@c the concept is understood in 'merican and Philippine Jurisprudence2constitutional law is a term used to designate the law embodied in the constitution and the legal principles growing out of the interpretation and application made b" courts of the provisions of the constitution in specific cases. 888

Constitutional la! forms a distinct branch of ?urisprudence dealin0 !@ the le0al principlesaffectin0 the nature2 adoption2 amendment2 and operation of the constitution. 1Sinco 3<.5

T!pes o+ Constit,tional La#.%% ,n 0eneral2 there are three 15 different types of constitutional la!2namely2

1"5 the 2nglish t"pe2 characterized by the absence of a !ritten constitution 1Sinco 3<5 'n un!ritten constitution2 and the po!er of ?udicial revie! by the courts. -hus2 the

courts cannot invalidate the acts of the parliament as bein0 unconstitutional because of Dparliamentary supremacy.D 1Mirasol notes.5

145 the 2uropean continental t"pe2 !here there is a !ritten constitution !@c 0ives thecourts no po!er to declare ineffective statutes contrary to it 1Sinco 3<.5

' !ritten constitution but no po!er of ?udicial revie! by the courts. -he so%called Con%stitutional Courts of >rance do not e8ercise real ?udicial revie! but only render advisory opinionson constitutional :uestions upon the re:uest of the 0overnment2 not of parties in actual liti0ation.1Mirasol notes.5

15 the *merican t"pe !here the le0al provisions of the !ritten constitution are 0iven effectthrou0h the po!er of the courts to declare ineffective or void ordinary statutes repu0nant to it.1Sinco 3<.5

' !ritten constitution and the e8ercise of ?udicial revie! by the courts2 !hich is the po!er of the courts to determine the constitutional validity of the acts of le0islature and other branches of 0overnment. 1Mirasol notes.5

C" Constit,tion 'e+ined

,t is Da la! for the 0overnment2 safe0uardin0 individual ri0hts2 set do!n in !ritin0.D1amilton.5

Such a vie! found acceptance in the !or9 of -anada and >ernando6D,t may be more specifically defined as a !ritten instrument or0anizin0 the 0overnment2

distributin0 its po!ers and safe0uardin0 the ri0hts of the People.D

>rom Malcolm and aurel6

D,t is the !ritten instrument by !hich the fundamental po!ers of 0overnment areestablished2 limited and defined2 and by !hich those po!ers are distributed amon0 the severaldepartments for their safe and useful e8ercise for the benefit of the body politic.D

'ccordin0 to Sch!artz2 Da constitution is seen as an or0anic instrument2 under !hich0overnmental po!ers are both conferred and circumscribed. Such stress upon both 0rant andlimitation of authority is fundamental in 'merican theory. E-he office and purpose of the

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constitution is to shape and fi8 the limits of 0overnmental activity.ED 1>ernando2 -he Constitutionof the Philippines2 4F%4"2 4nd ed.2 "#<<.5

T!pes o+ Constit,tions

Classi+i%ation o+ Constit,tions-

Constitutions are classified as follo!s6 1"5 !ritten and un!ritten2 and 145 ri0id andfle8ible.

Gritten and Un!ritten 1Classification as to !hen it is adopted.5

1a5 ' written constitution is one the provisions of !@c have been reduced to !ritin0 andembodied in one or more instruments at a particular time. -he US Constitution is a classicale8ample of a !ritten constitution.

Gritten constitutions have been also called conventional or enacted 2 bec. they are 0ivendefinite form by a steadily constituted body2 the constitutional convention2 at a particular time.

Gritten constitutions are either democratic or monarchical. 0emocratic constitutionsessentially sprin0 from the authority of the people. )onarchical constitutions are those 0ranted bya monarch as an act of 0race to his sub?ects. -his class of constitutions are also called octro"ed constitutions. -hey belon0 to the past a0e.

1b5 'n unwritten constitution is one !@c has not been committed to !ritin0 at any specifictime but is the accumulated product of 0radual political and le0al development. -he *n0lishConstitution is the modern e8ample of this class.

Un!ritten constitutions have been 9no!n also as cumulative or evolved 2 bec. they are notformulated at any definite time but are rather the outcome of a political evolutionary process.

>le8ible and &i0id Constitutions. 1Classification accordin0 to amendment process.5

-he classification of constitutions into !ritten and un!ritten has been consideredunscientific and inaccurate bec. no !ritten constitution2 after havin0 been applied for aconsiderable period2 can remain substantially unchan0ed in its ori0inal condition other than byformal amendments. 888.

-o classify constitutions into ri0id and fle8ible is to use a basis that has to do more !@ their nature rather than their mere form.

!igid .%% ' constitution is classified as ri0id !hen it may not be amended e8cept throu0h aspecial process distinct from and more involved than the method of chan0in0 ordinary la!s. ,t issupposed that by such a special procedure2 the constitution is rendered difficult to chan0e andthereby ac:uires a 0reater de0ree of stability.

4le-ible.%% ' constitution is classified as fle8ible !hen it may be chan0ed in the samemanner and throu0h the same body that enacts ordinary le0islation. -he British Constitution isfle8ible.

' constitutionEs stability depends upon other factors than the mere ri0idity or fle8ibility of the amendin0 process2 such as 1"5 the 0eneral temperament of the people and their leaders and 145the de0ree of a nationEs political maturity and social homo0enity. 1Sinco 3=%<F.5

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-he Philippine Constitution is both !ritten and ri0id 1See 'rt. HV,, on the 'mendment process5.

II" T.E $AC/0ROU)' O( T.E PRE*E)T CO)*TITUTIO)

istorical Bac90round of the "#=< Constitution

-he history of the "#=< Constitution be0an on "" 'pril "=##2 the date !hen the -reaty of Paris bet!een the United and Spain of "F /ecember "=#= became effective upon the e8chan0e of instruments of ratification of both countries. But the sources of the "#=< Constitution are 1i5McIinleyEs ,nstructions to the Second Philippine Commission7 1ii5 Spooner 'mendment7 1iii5Philippine Bill of "#F47 1iv5 Jones a! of "#"32 other!ise 9no!n as the Philippine 'utonomy 'ct71v5 "#$ Constitution7 1vi5 "#< Constitution and 1vi5 >reedom Constitution of "#=3 and itsimplementin0 orders.

-reaty of Paris

Under the -reaty of Paris2 the Philippines !as ceded by Spain to the United States. Spainrelin:uished its soverei0nty over the Philippine ,slands2 and !ith this2 all la!s of a political nature!ere automatically abro0ated.

-he -reaty provided that the civil and political status of all inhabitants of the islands !asto be determined by the US Con0ress.

-he Philippines in turn2 !as not 0iven the status of an Dincorporated territoryD 1as to ma9eit a candidate for statehood5 and so e- proprio vigore2 the US Constitution did not apply to thePhilippines unless the US Con0ress e8pressly enacted its provisions.

McIinleyEs ,nstructions

President McIinley2 le0islatin0 as Commander%in%Chief2 issued on < 'pril "#FF his Detter of ,nstruction to the Second Philippine Commission D under -aft.

,t set up a Ddivided civil and military 0overnmentD !ith the e8istin0 Military 0overnor asthe *8ecutive2 and a Philippine Commission2 created on " September "#FF2 as the e0islative2 bothrepresentin0 the US President as Commander%in%Chief.

,t also e8tended to the Philippines all the ri0hts in the Bill of &i0hts of the US >ederalConstitution2 e8cept the ri0ht to bear arms 1because the country !as in rebellion5 and the ri0ht to atrial by ?ury 1because the 'mericans distrusted the >ilipinos capacity to be a ?ust ?ud0e of his peers5. -he ri0ht to ?ury trial of an 'merican char0ed !ith a crime in the Philippines !as denied by the courts in US v /orr2 4 Phil 4 1"#F5 by virtue of the etter of ,nstruction.

-his !as the first r0anic 'ct 1a la! !hich establishes the structure and limitations of the0overnment5 of the Philippines. Ghat it lac9ed2 as a constitution2 !ere the ratification by the people2 and the ri0ht of amendment 1!hich !as reserved solely to the US President5.

-he ?udiciary !as subse:uently established on "" June "#F"2 !ith a Supreme Court2Courts of >irst ,nstance2 and Justice of Peace Courts.

Spooner 'mendment

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n ; July "#F"2 the Spooner 'mendment2 !hich !as actually a rider to the D'rmy and +avy 'ppropriations 'ct2D chan0ed the then Ddivided2 military and civil 0overnmentD into a fullycivil 0overnment2 under the US Con0ress. 'll acts of the Philippine Commission !ould no! be0in6DBe it enacted by the authority of the US 0overnment2D and no lon0er by authority of the US Presi%dent.

Philippine Bill of "#F4

-he US Con0ress no! in control of the Philippines2 ratified all the or0anic acts of thePresident2 in order to prevent disruption of 0overnment2 and on " July "#FF2 passed the PhilippineBill of "#F42 !hich !as to be or0anic act of the Philippines from "#F4 to "#F3. -he or0anic actintroduced si0nificant provisions to constitutional history.

-he Philippine Commission !as the upper house. ,t !as under the )overnor%)eneral !horetained all the e8ecutive po!er2 includin0 the po!er to suspend the !rit of habeas corpus uponrecommendation of the Philippine Commission.

,t established an elective lo!er house called the Philippine 'ssembly2 composed entirely of >ilipinos. ,t called for the first election in the Philippines to fill up2 the membership in the lo!er house2 as soon as the Philippine insurrection stopped and there !as a condition of 0eneral peace2e8cept in the Moro and +on%Christian provinces.

' census !as ta9en and completed on 4= March "#F and !ith a certification of peace andof >ilipino acceptance of the US 0overnment made by the Philippine Commission on 4# March"#F<2 the election for the Philippine 'ssembly !as conducted on "F July "#F<2 !ith smena asspea9er.

-he Bill also defined for the first time !ho the citizens of the Philippines !ere. -hey !ereall the inhabitants of the Philippine islands !ho !ere sub?ects of Spain as of "" 'pril "=##2 !hocontinued to reside therein2 and all the children born subse:uent thereto. -his definition is still0ood la! today.

Jones a!

n 4# 'u0ust "#"32 the US Con0ress passed the Jones a!2 other!ise 9no!n as thePhilippine 'utonomy 'ct.

,t established a tripartite 0overnment !ith real separation of po!ers7 this !as the prototypeof our present set%up. -he e8ecutive po!er !as in the hands of an 'merican )overnor%)eneral2!ho !as independent of the e0islature2 and !ho !as 0iven the po!er to suspend the !rit of habeas corpus and impose martial la! !ithout the recommendation of the e0islature. -hee0islature !as composed of the Senate and the ouse of &epresentatives2 all composed of >ilipinos. -he ?udiciary continued to be made up of the Supreme Court2 the C>,s and Justice of Peace Courts.

Under this set%up2 !hile the >ilipinos has all the le0islative po!er2 the 'mericans had allthe e8ecutive po!er and thus2 also the control of the 0overnment. -hus2 in the Board of Control1+ational Coal Corporation5 cases2 the US Supreme Court ruled2 despite the dissent of olmes andBrandeis2 that the President of the Senate and the Spea9er of the ouse could not vote the stoc9s of

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the +CC and elect its directors because this !as a political function. nly the )overnor%)eneralcould vote the 0overnment shares2 said the court.

-he definition of !ho !ere citizens of the Philippines first enunciated in the Philippine Billof "#F42 !as carried over by the Jones a!.

-ydin0s%Mc/uffie a!

'lthou0h this !as not an or0anic act2 it is important in the constitutional history of thePhilippines because it !as to be the enablin0 statute2 providin0 the mechanism !hereby the consti%tution of an independent Philippines could be adopted. -he la!2 upon its acceptance by the Senateand ouse of &epresentatives of the Philippines2 provided for 1i5 the callin0 of a ConstitutionalConvention to draft a Constitution for the Philippines2 1ii5 the adoption of a Constitution thatestablished a republican 0overnment2 !ith a Bill of &i0hts2 and a separation of church and state21iii5 the submission of the draft to the US President for certification that the Constitution !as inconformity !ith the conditions set by the -ydin0s%Mc/uffie a!2 and 1iv5 its ratification by the people in a plebiscite. Complete independence !as to ta9e place ten 1"F5 years after its effectivity.

"#$ Constitution

'ccordin0ly2 on F July "#;2 an election !as held to choose the dele0ates to theConstitutional Convention. Claro M. &ecto !as elected President of the Convention. n =>ebruary "#$2 the Concon approved the draft. n 4 March "#$2 the draft !as certified by thePresident2 >ran9lin /elano &oosevelt as conformin0 to the -ydin0s%Mc/uffie a!. n "; May"#$2 it !as ratified by the people in a plebiscite2 !ith the provisions on the :ualifications of thePresident2 Vice%President and members of Con0ress ta9in0 effect upon ratification. ,n September "#$2 the first election under the "#$ Constitution !as conducted !ith Manuel uis uezon asPresident and Ser0io smena as Vice% President.

n "$ +ovember "#$2 upon the inau0uration of the Common!ealth2 the "#$

Constitution too9 effect. -his Constitution !as to serve as the charter of the Common!ealth2 andupon !ithdra!al of US soverei0nty2 of the &epublic.

-he Constitution provides for a tripartite 0overnment2 !ith the e8ecutive lod0ed in thePresident !ho had a si8%year term2 the le0islative in a unicameral +ational 'ssembly2 and the ?udi%ciary in a Supreme Court2 C>,s and Justice of Peace Courts as before.

,n "#;F2 it !as amended to provide for 1a5 a bicameral Con0ress !ith a Senate and aouse of &epresentatives7 1b5 a term of four years for the President2 but !ith re%election and 1c5the establishment of an independent constitutional body 9no!n as the Commission on *lections.

Gar ensued2 and the Philippines !as so devastated that the declaration of its independence2due "$ +ovember "#;$ had to be postponed. 't any rate2 on 4 'pril "#;32 the election of the firstofficials of the Philippine &epublic !as held2 and on ; July "#;32 the &epublic !as inau0uratedand the Philippines became DpoliticallyD independent of the US.

-heoretically2 to an e8tent that soverei0nty is never 0ranted to a people but is earned bythem as they assert their political !ill2 then it is a misnomer to say that ; July "#;3 !as the dayUS 0ranted independence to the Philippines. More appropriately2 it !as the day !hen the US!ithdre! its soverei0nty over the Philippines2 thus 0ivin0 the >ilipino people an occasion to asserttheir o!n independence.

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But not DeconomicallyD. n F 'pril "#;32 one !ee9 after the election2 the US Con0ress passed the Bell -rade 'ct !hich !ould 0rant Philippine prime e8ports entry to the US free of customs duties from "#;3 to "#$;2 and a 0radual increase in duties from "#$; to "#<; 1aurel%an0ley a0reement52 provided that the Philippines !ould 0rant US citizens and corporations thesame privile0es2 and in addition2 the ri0ht to e8plore natural resources of the Philippines in parity

!ith the >ilipinos2 and to operate public utilities. -his must be accepted by Con0ress2 embodied inan *8ecutive '0reement2 and reflected as an amendment in the Constitution.

-he Senate approval of this bill 0ave rise to the case of Vera v 'velino2 << Phil "#41"#;35. -he Senate then had "" +acionalistas and " iberals. -hree +acionalista Senators%elect1Vera2 /io9no and &omero52 9no!n to be a0ainst the Bell -rade 'ct2 !ere prevented by the rest of the Senate2 in !hat is 9no!n as De8clusion proceedin0s2D on 0rounds that their elections !eremarred !ith fraud. -he political motivation !as clear but the SC !as conned into liftin0 thein?unction it issued for the !ithholdin0 of the suspension2 because of the unfulfilled promise thatthe Senate !ould not carry out the suspension. Gith the balance of po!er offset2 the Bell -rade'ct !as passed. Subse:uently2 the SC had to dismiss the petition on the 0round that the principleof separation of po!ers2 it could not order a co%e:ual branch to reinstate a member.

-he Senate authorized President &o8as to enter into an *8ecutive '0reement2 !hich he didon July "#;32 the eve of the declaration of Philippine ,ndependence.

-hen came the amendment of the Constitution in order to include the Parity &i0hts'0reement2 !hich 0ave rise to the case of Mabana0 v opez Vito2 <= Phil " 1"#;<5. Under the'mendatory Provisions of the "#$ Constitution2 Con0ress2 actin0 as constituent body2 needed @;vote to propose an amendment to the Constitution. But !ith the three Senators still suspended2only the 4" remainin0 !ere used as the basis for computin0 the @; re:uirement. Ghen this !asraised in court2 it be00ed off from rulin0 on the 0round that it !as a political :uestion. ,t also usedthe *nrolled Bill -heory.

So !ith the amendment proposed2 it !as subse:uently ratified on $ March "#;<.

-he third time the Constitution !as amended 1"#;F2 "#;<5 !as in "#3<. ' &esolution of both houses provided for 1a5 the amendment of the Constitution by a Convention2 1b5 the increaseof seats in the ouse of &epresentatives to ma9e the Concon sufficiently representative2 and 1c5allo!in0 members of the ouse as dele0ates !ithout forfeitin0 their seats. -he first !as approved2the second and third !ere re?ected. -his became the sub?ect matter of )onzales v CM**C.

*lection of dele0ates to the Concon too9 place on "F +ovember "#<F. -hen the ConConmet on " June "#<". Before it finished its !or92 it came up !ith a resolution callin0 for anamendment to the "#$ Constitution reducin0 the votin0 a0e from 4" to "=2 so that a !ider basecould vote in the ratification of the Constitution then bein0 drafted. ' plebiscite !as set by theCM**C for = +ovember "#<" but this !as en?oined by the SC in the case of -olentino vCM**C2 the court rulin0 that a piece%meal amendment !as not allo!ed by the "#$Constitution since it provided that the amendments !ere to be ratified at Dan electionD !hich meantonly one election. -he Court upheld its ?urisdiction over the ConCon by ar0uin0 that since theConcon derived its po!er from the Constitution2 it !as thus limited by the Constitution.

But it !as subse:uently overta9en by Martial a!. n F +ovember "#<42 theConvention submitted its DdraftD to the President2 !ho called on a plebiscite to ratify theConstitution. -his !as :uestioned in the case of Planas v CM**C2 ;# SC&' "F$ 1"#<5 onthe 0round that there can be no freedom of e8pression under Martial a!. But the case !as

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rendered moot and academic !hen the President cancelled the plebiscite and instead held a citizensEassembly on "F to "$ January2 "#<. n "< January "#<2 the President came up !ith a proclamation that the Constitution had come to full force and effect after its over!helmin0ratification by the people in a viva voce vote.

"#< Constitution

-he validity of the ratification process !as :uestioned in the case of Javellana v *8ecutiveSecretary2 $F SC&' F 1"#<5 but the failure of the SC to come up !ith the necessary votes todeclare the act as unconstitutional forced it into the conclusion that Dthere are no further obstaclesto considerin0 the constitution in force and effect.D

-he "#< Constitution !as amended four times.

-he first2 in "#<32 0ave the President2 le0islative po!ers even if the ,nterim Batasan0Pambansa !as already operatin0.

-he second2 in "#=F !as not si0nificant. ,t merely raised the retirement of ?ustices of theSC from 3$ to <F as to 9eep >ernando for five more years.

-he third2 in "#=F chan0ed the form of 0overnment from Parliamentary to Presidential.

-he fourth2 in "#=;2 responded to the succession problem by providin0 for a Vice%President.

-he start of the end of the Marcos years2 of course2 could be treated as early as 4" 'u0ust"#=. But its immediate precursor !as the Snap *lection !hich the President !as forced to calland set on < >ebruary "#=3 to respond to the clamor for popular mandate.

-he validity of the DSnap *lection a!D called by the Batasan0 Pambansa !as raised inthe case of Philippine Bar 'ssocia tion v CM**C2 ";F SC&' ;$$ 1"#=$5. -he issue !as raised because of the conditional letter of resi0nation sent by Mr. Marcos to the Batasan2 ma9in0 hisresi0nation effective only upon 1i5 the holdin0 of a Presidential election2 1ii5 the proclamation of a!inner2 1iii5 the assumption into office by the !innin0 candidate. ,t !as contended that aconditional resi0nation !as not allo!ed under the "#< Constitution2 for it did not create avacancy2 and !ithout a vacancy2 there !as no reason to call for an election. But the SC failed toissue a preliminary in?unction to en?oin the CM**C from preparin0 for the election2 thusma9in0 Dthe initially le0al :uestion into a political one.D ,n the meantime2 the political parties havestarted campai0nin0 and the people !ere so involved in the election that to stop it on le0al 0rounds!ould frustrate their very !ill. 'nd so2 failin0 to come up !ith the ma?ority to hold the Snap*lection a! unconstitutional2 the SC could not issue the in?unction prayed for. -he election !entahead.

-he rest is history. -he results of the election !ere proclaimed by the Batasan2 namin0Marcos and -olentino as the !inners. But the >ebruary 4 to 4$2 "#=32 */S' revolution too9 place. n 4$ >ebruary2 Marcos !as proclaimed in Malacanan0 by Ma9asiar2 !hile ':uino !as proclaimed in Club >ilipino by -eehan9ee. ater that evenin02 Marcos fled to a!aii.

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A" T&e (er,ar! 196 Revol,tion and t&e Pro%la2ation o+ Provisional Constit,tion"

>reedom Constitution

Ghat !as the basis of the ':uino 0overnmentK /id it assume po!er pursuant to the "#<Constitution2 or !as it a revolutionary 0overnmentK

Proclamation +o. "2 4$ >ebruary "#=3 1Provisional 0overnment5.%% But Proclamation +o. !hich announced the Provisional Constitution2 seemed to su00est that it !as a revolutionary0overnment2 since in one of its !hereases it announced that the Dne! 0overnment !as installed2throu0h a direct e8ercise of the po!er of the >ilipino people assisted by units of the +e! 'rmed>orces2D referrin0 to the */S' revolution.

-he better vie! is the latter vie!. -he ':uino 0overnment !as not an offshoot of the "#<Constitution for under that Constitution2 a procedure !as 0iven for the election of the President %%% proclamation by the Batasan %%% and the candidate Batasan proclaimed !as Marcos.

a!yers ea0ue v ':uino 1)& +os. <<;=2 <#<4 A <##F2 May 442 "#=35.%% -his vie!!as affirmed in a!yers ea0ue v ':uino !here the le0itimacy of the ':uino 0overnment is:uestioned on the 0round that it !as not established pursuant to the "#< Constitution. -he SCruled that petitioners had no personality to sue and their petition states no cause of action. D>or thele0itimacy of the ':uino 0overnment is not a ?usticiable matter. ,t belon0s to the realm of politics!here only the people of the Philippines are the ?ud0e. 'nd the people have made the ?ud0ment7they have accepted the 0overnment of President ':uino !hich is in effective control of the entirecountry so that it is not merely a de facto 0overnment but in fact and la! a de 5ure 0overnment.Moreover2 the community of nations has reco0nized the le0itimacy of the present 0overnment. 'llthe eleven members of this Court as reor0anized2 have s!orn to uphold the fundamental la! of the&epublic under her 0overnment.D

-he ':uino 0overnment !as a result of a Ddirect state action.D ,t !as not as if a small0roup revolted and succeeded in !restin0 po!er in the end. &ather2 the entire state revolted and

overthre! the 0overnment2 so that ri0ht from the be0innin02 the installation !as already la!ful andthe 0overnment !as at all times de 5ure.

,n this re0ard2 it must be noted that there is no such thin0 as a constitutional ri0ht of revolution. ' revolution2 from the point of vie! of a State2 is al!ays la!ful since a State can never 0o !ron07 it can chan0e its 0overnment in !hatever !ay the soverei0n sees fit. But this ri0ht of revolution2 inherent in soverei0nty2 cannot be reco0nized in a Constitution2 for this !ould be self%destructive. -he nature of a Constitution is to set%up a 0overnment and provide for an orderly !ayto chan0e this 0overnment. ' revolution contradicts this nature.

Proclamation +o. 2 March 4$2 "#=3 1Provisional Constitution5.%% 't any rate2 theProvisional Constitution or >reedom Constitution !as adopted on 4$ March "#=3 throu0hProclamation +o. . ,t abro0ated the le0islative provisions of the "#< Constitution2 modified the provisions re0ardin0 the e8ecutive department2 and totally reor0anized the 0overnment. 1,ts use of the "#< Constitution2 ho!ever2 is not be to construed that it !as a continuation thereof.5 -hen it provided for the callin0 of a Constitutional Commission2 composed of F to $F members appointed by the President !ithin 3F days. 1,n our history2 all ma?or constitutions %%% Malolos2 "#$2 "#<" %%%!ere drafted by elected dele0ates.5

-he President appointed ;= Commissioners2 !ho !or9ed on the Constitution from " Juneto "$ ctober "#=3. -he draft !as submitted to the people in a referendum on 4 >ebruary "#=<.

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n "" >ebruary "#=<2 the President2 throu0h Proclamation +o. $=2 announced its over!helmin0ratification by the people and that2 therefore2 it had come into force and effect.

,n &e6 Saturnino Bermudez 1";$ SC&' "3F51"#3F5.%% ,n the case of ,n &e6 SaturninoBermudez 2 the SC held2 :uotin0 the previous case of a!yers ea0ue v ':uino2 that6

L-he le0itimacy of the ':uino 0overnment is not a ?usticiable matter. ,t belon0s to the realm of politics !here only the people of the Philippines are the ?ud0e.'nd the people have made the ?ud0ment7 they have accepted the 0overnment of President ':uino !hich is in effective control of the entire country so that it is notmerely a de facto 0overnment but in fact and la! a de 5ure 0overnment. Moreover2 thecommunity of nations has reco0nized the le0itimacy of the present 0overnment. 'll theeleven members of this Court as reor0anized2 have s!orn to uphold the fundamental la!of the &epublic under her 0overnment.

$" Adoption and E++e%tivit! o+ t&e present Constit,tion

Provisional Constitution2 'rt. V.

ARTICLE V

A'OPTIO) O( A )EW CO)*TITUTIO)

*e%tion 1" Wit&in si3t! da!s +ro2 t&e date o+ t&is Pro%la2ation4 a Co22ission s&all eappointed ! t&e President to dra+t a )e# Constit,tion" T&e Co22ission s&all e %o2posed o+ notless t&an t&irt! nor 2ore t&an +i+t! nat,ral orn %iti5ens o+ t&e P&ilippines4 o+ re%ogni5ed proit!4no#n +or t&eir independen%e4 nationalis2 and patriotis2" T&e! s&all e %&osen ! t&e Presidenta+ter %ons,ltation #it& vario,s se%tors o+ so%iet!"

*e%tion 7" T&e Co22ission s&all %o2plete its #or #it&in as s&ort a period as 2a! e%onsistent #it& t&e need ot& to &asten t&e ret,rn o+ nor2al %onstit,tional govern2ent and to drat ado%,2ent tr,l! re+le%tive o+ t&e ideals and aspirations o+ t&e (ilipino people"

*e%tion 8" T&e Co22ission s&all %ond,%t p,li% &earings to ins,re t&at t&e people #ill &aveade,ate parti%ipation in t&e +or2,lation o+ t&e )e# Constit,tion"

*e%tion :" T&e plenar! sessions o+ t&e Co22ission s&all e p,li% and re%orded"

*e%tion ;" T&e )e# Constit,tion s&all e presented ! t&e Co22ission to t&e President #&os&all +i3 t&e date +or t&e &olding o+ a pleis%ite" It s&all e%o2e valid and e++e%tive ,pon rati+i%ation! a 2a<orit! o+ t&e votes %ast in s,%& pleis%ite #&i%& s&all e &eld #it&in a period o+ 6= da!s+ollo#ing its s,2ission to t&e President"

"#=< Constitution2 'rt. HV,,,2 sec. 4<.

Art" >VIII4 *e%" 7?" T&is Constit,tion s&all tae e++e%t i22ediatel! ,pon itsrati+i%ation ! a 2a<orit! o+ t&e votes %ast in a pleis%ite &eld +or t&e p,rpose and s&alls,persede t&e all previo,s Constit,tions"

T&e +oregoing proposed Constit,tion o+ t&e Rep,li% o+ t&e P&ilippines #as approved! t&e Constit,tional Co22ission o+ 196 on t&e t#el+t& da! o+ O%toer 1964 and

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a%%ordingl! signed on t&e +i+teent& da! o+ O%toer 196 at t&e Plenar! .all4 )ational0overn2ent Center4 @,e5on Cit!4 ! t&e Co22issioners #&ose signat,res are &ere,ndera++i3ed"

Proclamation +o. $= 1Proclaimin0 the &atification of the "#=< Constitution52 >ebruary ""2 "#=<

/e eon v *s0uerra2 "$ SC&' 3F4 1"#=<.5

The %&67 Constitution took effect on 8 4ebruar" %&67 .

>6 -he case arose due to 'rt. ,,,2 Sec. 4 of Proclamation +o. 2 !hich provided that6 D'll electiveand appointive officials and employees under the "#< Constitution shall continue in office until other!ise provided by proclamation or e8ecutive order or upon the desi0nation or appointment and :ualification of their successors2 if such appointment is made !ithin a period of one year from 4$ >ebruary "#=3.D

/e eon !as a barrio captain in -aytay2 &izal. n # >ebruary "#=<2 he !as replaced by the M)1/)5. So the :uestion arose as to !hen the "#=< Constitution too9 effect. ,f it too9 effect on 4 >ebruary2the replacement !as no lon0er valid2 since Proclamation +o. !ould have been superseded. But if it too9 effect on "" >ebruary 1the date of proclamation52 the replacement !ould have been valid.

-he SC2 consultin0 the proceedin0s of the Concom2 ruled that the intent of the framers of the Constitution !as to ma9e it effective on the date of its ratification. 'rt. HV,,,2 Sec. 4< clearly provided that Dthis Constitution shall ta9e effect imme diately upon its ratification by a ma?ority of the votes cast in the plebiscite.D -he "#=< Constitution !as ratified in a plebiscite on >eb. 42 "#=<2supersedin0 the Provisional Constitution. Conse:uently2 after that date2 respondent ,C )overnor could not desi0nate respondents to the elective positions occupied by petitioners. Petitioners mustno! be held to have ac:uired security of tenure.

-he dissenting opinion pointed out that by contemporaneous construction2 the "#<Constitution had a similar provision as the present one in issue 1'rt. HV,,2 Sec. "32 -hisConstitution shall ta9e effect immediately upon its ratification by a ma?ority of the votes cast in a plebiscite52 and yet it too9 effect on the day of the proclamation. -he "#=" and "#=; amendmentscontained similar provisions 1valid !hen approved52 and yet the practice has al!ays been to ma9e

the date of proclamation2 the date of effectivity.

>urthermore2 if the effectivity !as 4 >ebruary2 then the appointments made by thePresident to C' posts after that date !ould be invalid for they !ere not submitted to the Judicialand Bar Council. n this point2 ho!ever2 -eehan9ee noted that the President issued theappointments in the end of January.

' concurring opinion noted the debate bet!een /avide 1date of proclamation5 and Bernas1date of ratification52 and /avideEs comment that he !as 0ivin0 up due to tyranny of numbers.

VV- -he SC !as correct for that !as the clear intent of the framers. -he ones to be blamed are the framers themselves. *ffectivity should really be the date of proclamation.

ne2 ho! can one can be e8pected to comply !ith the provisions of the Constitution!hen2 prior to its proclamation2 there is no !ay to determine if it has been ratified or notK Shouldthe /irector of Prison continue the scheduled electrocution of a death ro! convict on >ebruary invie! of the abolition of capital punishment in the "#=< Constitution7 if he does2 he !ouldtechnically be violatin0 the constitution under the above holdin0. ,f he does not2 he !ould be indereliction of duty2 in case the constitution is not ratified.

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-!o2 no analo0y can be made bet!een the election to office of a public officer !ho isdeemed elected on the day of election52 and the effectivity of the constitution2 because a publicofficer2 thou0h deemed elected2 does not assume office on the day of his election2 not even on theday of his proclamation.

III" T.E *UPREMAC O( T.E CO)*TITUTIO) A)' T.E ROLE O( T.E COURT*

A" T&eor! o+ B,di%ial Revie#

'n0ara v *lectoral Commission2 3 Phil "# 1"#35. ,n "#$2 the +ational 'ssemblyadopted a resolution that Dall members% elect2 !ith no election protest filed on or before /ecember "#$ are deemed elected.D -he *lectoral Commission2 a constitutional body2 on theother hand set the # /ecember "#$ as the deadline for the filin0 of election protest.

Ynsua2 !ho lost to 'n0ara2 filed a motion of protest 1complaint5 on = /ecember "#$.-his !as entertained by the *lectoral Commission. 'n0ara contended that the deadline set by the +ational 'ssembly !as controllin0. Gho prevailedK

-he SC2 throu0h J. aurel2 ruled for Ynsua2 thereby upholdin0 the authority of the*lectoral Commission2 in vie! of the constitutional provision 0rantin0 the *lectoral Commission ?urisdiction over election protests.

,n ?ustifyin0 the po!er of ?udicial revie!2 J. aurel pointed out that !hen the courtallocated constitutional boundaries2 it neither asserts supremacy2 nor annuls the acts of the le0isla%

ture. ,t simply carries out the obli0ations imposed upon it by the constitution to determineconflictin0 claims and to establish for the parties the ri0hts !hich the constitution 0rants to them.

Conditions +or t&e E3er%ise o+ B,di%ial Revie#

,n People v Vera2 33 Phil $3 1"#<52 J. aurel laid do!n the doctrine that ?udicial revie!can only be e8ercised in an actual case and controvers".

-his means 1"5 a party !ith a personal and substantial interest2 145 an appropriate case2 15a constitutional :uestion raised at the earliest possible time2 and 1;5 a constitutional :uestion thatis the very lis mota of the case2 i.e. an unavoidable :uestion.

Seven 1<5 rules of avoidance of constitutional :uestions 1J. Brandeis5 6

,n the follo!in0 cases2 the court must refrain from passin0 on the issue of constitutionalityor from e8ercisin0 ?udicial revie!6

". >riendly2 non%adversary proceedin0s. 1no vital conflict54. 'nticipation of a :uestion of constitutional la! in advance of the necessity of decidin0

it. 1premature case5

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. >ormulation of a rule broader than is re:uired by the precise facts to !hich it is applied.;. *8istence of other 0rounds upon !hich the case may be disposed of 1not the very lis

mota5$. ' complaint made by one !ho fails to sho! in?ury as to its operation. 1no standin053. ,nstance of one !ho has availed himself of its benefit.<. Possibility of a construction of the statute !hich can avoid the resolution of the

constitutional :uestion.

Policy of strict necessity 1&escue 'rmy case5

-he court must2 as much possible2 refrain from e8ercisin0 ?udicial revie! unless all there:uirements for its e8ercise are fulfilled because of 6

". -he dan0er of e8ercisin0 the function2 in vie! of possible conse:uences for othersstemmin0 also from constitutional roots.

4. Comparative finality of those conse:uences.. Consideration due to the ?ud0ment of the other repositories of constitutional po!er

concernin0 the scope of their authorities.;. +ecessity for each to 9eep !ithin its o!n po!er.$. ,nherent limitations of the ?udicial process % its lar0ely ne0ative character2 and its limited

resources for enforcement.3. Githal in paramount importance of constitutional ad?udication.

-hus2 the follo!in0 must be avoided6 1i5 political :uestions2 1ii5 advisory opinions2 1iii5moot and academic issues2 and 1iv5 no standin0.

Politi%al @,estion

'n issue is a political :uestion !hen it does not deal !ith the interpretation of a la! and its

application to a case2 but !ith the very !isdom of the la! itself. Ghen a ?ud0e attempts to resolvea political :uestion2 he is not e8ercisin0 a ?udicial function2 but is rather supplantin0 his conscienceto that of the political branch of the 0overnment.

Ba9er v. Carr2 3# US "=3 1"#345 has attempted to formulate some 0uidelines for determinin0 !hether a :uestion is political or not.

Prominent on the surface of any case held to involve a political :uestion isfound a te8tually demonstrable constitutional commitment of the issue to a politicaldepartment7 or a lac9 of ?udicially discoverable and mana0eable standards for resolvin0it7 or the impossibility of decidin0 !ithout an initial policy determination of a 9indclearly for non?udicial discretion7 or the impossibility of a courtEs underta9in0independent resolution !ithout e8pressin0 lac9 of the respect due coordinate branches of

0overnment7 or an unusual need for une:uestionin0 adherence to a political decisionalready made2 or the potentiality of embarrassment from multafarious pronouncements by various departments on one :uestion.

Advisor! Opinion

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' case becomes an advisory opinion !hen there is no actual case and controversy thatdemands constitutional construction for its resolution. -his may ta9e the form of declaratory relief.,t is not !ise for the court to en0a0e in an advisory opinion because6

a5 -his only leads to dialectics2 to abstract le0al ar0uments and sterile conclusions 1aurel:uotin0 >ran9furter5

b5 -he ?udicial function is impoverished since it thrives on facts that dra! out the meanin0

of the la!.

Mootness

' case becomes moot !hen there are facts2 in?uries and heated ar0uments but for somereason the le0al problem has become stale. Ghen a case is moot and academic2 it ceases to be acase and controversy. 'ny decision reached by the court !ould not be conclusive on the parties.

*8ceptions to mootness6"5 ,f the :uestion is capable of repetition and evasive of revie!.45 ,f there e8its a mere possibility of collateral le0al conse:uences if the court does not

act.5 Voluntary cessation from the !ron0ful act by the defendant2 if he is free to return to his

old !ays.

Ripeness

' constitutional :uestion may come to the court either too early or prematurely2 so that it isstill abstract 1advisory opinion52 or too late2 so that the courtEs decision !ould no lon0er affect the parties 1mootness5. -he court must resolve constitutional issues only !hen they come to it at theri0ht time 1ripeness5.

)o *tanding

' party has a standin0 in a case if his interest is such that he stands to be benefited if the

case is resolved in his favor2 and he stand to be really in?ured if it is decided a0ainst him.

Standin0 is established by t!o ne8uses6 the partyEs status and the type of le0islative act bein0 :uestioned2 or his status and the precise nature of the constitutional infrin0ement.

-he test of standin0 is !hether the party has alle0ed such a personal sta9e in the outcomeof the controversy as to assure such concrete adverseness !hich sharpens the presentation of issuesupon !hich the court so lar0ely depends for illumination of difficult constitutional :uestions 1Ba9er v Carr2 supra.5

' person has standin0 to challen0e the 0overnmental act only if he has a personal andsubstantial interest in the case such that he has sustained2 or !ill sustain2 direct in?ury as a result otits enforcement. 1People v. Vera2 infra.5

P&ilippine Pra%ti%e

,n re Saturnina Bermudez 1";$ SC&' "3F2 "#=35

-he action !as for declaratory relief to interpret Section $ of 'rt. HV,,,2 !hich providesthat6 -he si8 year term of the incumbent President and Vice%President elected in the < >ebruary"#=3 election2 is for purposes of synchronization of election2 hereby e8tended to noon of F June

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"##". -he :uestion !as !ho the Dincumbent PresidentD referred to in said provision !as %%%!hether ':uino 1the one in office5 or Marcos 1the one proclaimed by the Batasan5. -he confusionarose because in Proclamation +o. 2 Pres. ':uino referred to the Ddirect e8ercise of the po!er of the >ilipino people assisted by the units of the ne! '>PD as the cause for the installation of the ne!0overnment. ,f President ':uino !as not elected but came into office as a result of the */S'&evolution2 the she !ould not be the DincumbentD !ho !as elected in the >ebruary < election2

referred to in the provision.

-he SC ruled that 1a5 the petitioner had no standin02 1b5 the SC had no ?urisdiction over petitions for declaratory relief2 c5 the suit !as a0ainst the President !ho cannot be sued2 d5 the petitioner had no cause of action because2 reiteratin0 the decision in a!yerEs ea0ue for a Better Philippines v ':uino2 the le0itimacy of the ':uino 0overnment is not a ?usticiable matter but is a political :uestion.

'nd yet2 the SC ruled that the DincumbentD referred to !as President ':uino !ho !as ineffective control of the country and had been reco0nized by the rest of the !orld.

1-he Court2 disre0ardin0 the limits of ?udicial revie!2 felt compelled to render a decisionon the le0itimacy of the ':uino 0overnment so as to avoid any doubt as to its very o!n le0itimacy.,t must be noted2 thou0h that his case is the entitlement of an actual case and controversy.5

/umlao v CM**C 1#$ SC&' #45

Section ; of BP $4 provided that any retired elective local official !ho had receivedretirement pay to !hich he !as entitled under the la! and !ho have been 3$ years old at thecommencement of the term of office to !hich he sou0ht to be elected2 !as not :ualified to run for the same elective local office from !hich he had retired.

/umlao filed for prohibition to en?oin the enforcement of the la!2 claimin0 that this !asdirected at him as former 0overnor of +ueva Vizcaya.

-he SC held that 1a5 he had no standin02 since he had not been in?ured by the operation of the la!2 no petition for his dis:ualification havin0 been filed and 1b5 the action !as a re:uest for advisory opinion. 'nd yet2 the SC upheld the validity Dbecause of paramount public interestD2declarin0 that the le0islative purpose of infusin0 youn0er blood in local 0overnment !as valid.Adapted"

,0ot v CM**C 1#$ SC&' #45

Sec. ; of BP $4 also provided in part that any person convicted of subversion2 insurrectionor rebellion2 or similar offenses !as dis:ualified from runnin0 for any local position2 and the filin0of char0es for such crimes before a civil or military court after preliminary investi0ation !as prima facie evidence of such fact. ,0ot sou0ht to :uestion the validity of this provision.

-he SC held that he had no standin0 because 1a5 he had never been convicted nor char0edof any these crimes2 1b5 he had not been dis:ualified from bein0 a candidate2 1c5 he had no personalnor substantial interest at sta9e2 and 1d5 he could not sue as ta8payer since the statute did notdirectly involve the disbursement of public funds.

'nd yet2 althou0h abstainin0 from rulin0 on the first part of the provision2 the SC held thatthe second part re0ardin0 the presumption of 0uilt !as unconstitutional for violatin0 the presumption of innocence.

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Politi%al @,estions

,n PB' v CM**C2 ";F SC&' ;$$2 !e see a reversal of ?udicial revie!. -he case !asclearly a ?usticiable controversy. ,s the resi0nation submitted by Marcos2 !hich !as conditionedon the election2 proclamation and assumption into office by the elected President2 a validresi0nation as to authorize the Batasan to pass a Snap *lection a!K -he Court could have

validly issued an in?unction to stop the CM**C from proceedin0 !ith the preparations for theelection. But it did not2 citin0 its delay in decidin0 the case and the sentiments of the people thatdeveloped in the meantime as reason for its inaction. 'ccordin0 to the court2 !hat at first !as ale0al :uestion became a political :uestion because it !as overta9en by events.

VV6 ' Court !hich does not issue an in?unction to en?oin an official act !hen it could haveissued one is actually decidin0 the case in favor of the validity of the act. >ailure to issue anin?unction is as much an e8ercise of ?udicial revie!.

,n &omulo v Yni0uez2 infra2 !e see another trend of ?udicial revie!. Ghat seems li9e ale0al :uestion !hen vie!ed in isolation 1namely2 !hether the rules of the Batasan enablin0 it toshelf a complaint for impeachment a0ainst the President is constitutional.5 is really a political:uestion !hen vie!ed in a broader conte8t 1i.e.2 that the case !as filed a0ainst the Spea9er of a co%e:ual branch to compel him by mandamus to recall the complaint from the archive2 and that theultimate result of the case !as to :uestion the decision of the Batasan to shelve the case2 a matter2that is solely committed to that department.5

Yet2 despite the really political nature of the :uestion2 the SC passed on the validity of therules to erase doubts that may still be entertained.

C" (,n%tions o+ B,di%ial Revie#

". Checking % invalidatin0 a la! or an e8ecutive act that is found to be contrary to the Constitution.

4. Legitimating 9legitimizing: % upholdin0 the validity of the la! !hich results from a meredismissal of a case challen0in0 the validity of that la!.

Ghen the Court e8ercises this function2 it uses the double ne0ative by declarin0 that thela! is Dnot unconstitutionalD. -his is no mere semantics. -he Court cannot declare the la!constitutional for it en?oys the presumption of constitutionality2 so that a declaration to that effect by the court !ould not ma9e it more constitutional. n the other hand2 anyone !ho challen0es thevalidity of a la! has the burden of proof to sho! its invalidity. /eclarin0 that the la! is notunconstitutional is tantamount to sayin0 that the challen0er has not met the burden re:uired.

Legitimating and Checking *spects of Judicial !eview. 0ismissal of Challenge to a Law's;alidit" Legitimizes it.

,n ccena v CM**C2 "F; SC&' " 1"#="52 !hich sou0ht an in?unction to prohibit theCM**C from proceedin0 !ith the plebiscite for the proposed "#=" amendments2 and in Mitra vCM**C2 "F; SC&' $# 1"#="52 !hich sou0ht a mandamus to compel the CM**C to hold a plebiscite to ratify the "#< Constitution2 both prayers based on the premise that the "#<Constitution had not been ratified2 the SC held that the failure of the Court in the Javellana v*8ecutive Secretary case to muster the votes re:uired to declare the "#< Constitution as bein0

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invalidly ratified2 !hich resulted in the dismissal of the suit :uestionin0 the validity of theratification of the Constitution2 in effect le0itimated the ratification. ,n ccena2 the Court ruledthat6

D-he Supreme Court can chec9 as !ell as le0itimate. ,n the latter case2 there isan affirmation that !hat !as done cannot be sti0matized as constitutionally deficient.

-he mere dismissal of a suit of this character suffices. -hat is the meanin0 of theconcludin0 statement in the Javellana resolution. Since then2 the Court has invariablyapplied the present Constitution.D

. "mbolic % to educate the bench and bar as to the controllin0 principles and concepts on mattersof 0reat public importance.

"mbolic 4unction of upreme Court to <ive <uidelines to $ench and $ar in Cases which are )oot and *cademic.

,n Salon0a v Cruz%Pano2 "; SC&' ;= 1"#=$52 the case a0ainst petitioner for subversion!hich !as filed by the fiscal on the basis of flimsy testimony 0iven by Victor ovely !as alreadydismissed !ithout pre?udice by the fiscal 1upon anticipation of adverse rulin05. 'nd yet2 the SC

notin0 that as the fiscal said the dismissal of the char0es !as !ithout pre?udice to the filin0 of ne!ones for the same acts because the petitioner has not been arrai0ned and double ?eopardy does notapply2 the case is not entirely moot2 decided to perform its duty to Dformulate 0uidin0 andcontrollin0 constitutional principles2 precepts and doctrines or rulesD for the 0uidance of the bar and bench. ,t thus2 !ent on to lecture about its anti:uated understandin0 of the incitin0 test2 andho! it could not be proved by a mere photo0raph.

,n Javier v CM**C2 ";; SC&' "#; 1"#=352 the case !as already mooted not only bythe death of *velio Javier2 but also by the abolition of Batasan2 the 'nti:ue seat !hich he and Paci%ficador !ere contestin0 for. 'nd yet the SC2 claimin0 to be Dnot only the hi0hest arbiter of le0al:uestions but also the conscience of the 0overnment2D decided the case any!ay Dfor the 0uidance of and as a restraint upon the future. -he citizen comes to us in :uest of la! but !e must also 0ivehim ?ustice. -he 4 are not al!ays the same. -here are times !hen !e cannot 0rant the latter bec.the issue has been settled and the decision is no lon0er possible accordin0 to the la!. But there arealso times !hen althou0h the dispute has disappeared2 as in this case2 it nevertheless cries out to beresolved. Justice demands that !e act then2 not only for the vindication of the outra0ed ri0ht2thou0h 0one2 but also for the 0uidance of and as a restraint upon the future.D

,n /emeteria v 'lba2 ";= SC&' 4F=2 the SC struc9 do!n Sec. ;; of P/ ""<<2 authorizin0the President to transfer funds from one department to another2 on the 0round that it overe8tendedthe privile0e 0ranted under 'rt. V,,,2 sec. "31$5 of the "#< Constitution2 even if such provision!as already abro0ated by the >reedom Constitution. -hen2 citin0 the Javier case on the need Dnotonly for the vindication of an outra0ed ri0ht2 thou0h 0one2 but also for the 0uidance of and as arestraint upon the future2D it lectured on ho! this la! !ould open the flood0ates for the enactmentof unfunded appropriations2 uncontrolled e8ecutive e8penditures2 diffusion of accountability for

bud0etary performance2 and entrenchment of the por9 barrel system2 and on ho! this !ould createtemptations for misappropriation and embezzlement.

All %o,rts %an e3er%ise <,di%ial revie#

Art" VIII4 *e%" ;7D" T&e *,pre2e Co,rt s&all &ave t&e +ollo#ing po#ers-333

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7D Revie#4 revise4 reverse4 2odi+!4 or a++ir2 on appeal or %ertiorari as t&e la# or t&eR,les o+ Co,rt 2a! provide4 +inal <,dg2ents and orders o+ lo#er %o,rts in -

aD All %ases in #&i%& t&e %onstit,tionalit! or validit! o+ an! treat!4 international ore3e%,tive agree2ent4 la#4 presidential de%ree4 pro%la2ation4 order4 instr,%tion4 ordinan%e4 orreg,lation is in ,estion"

D All %ases involving t&e legalit! o+ an! ta34 i2post4 assess2ent4 or toll4 or an!

penalt! i2posed in relation t&ereto"%D All %ases in #&i%& t&e <,risdi%tion o+ an! lo#er %o,rt is in iss,e"dD All %ri2inal %ases in #&i%& t&e penalt! i2posed is reclusion perpetua or &ig&er"eD All %ases in #&i%& onl! an error or ,estion o+ la# is involved"

-he revie! po!er of the SC implies that it has appellate ?urisdiction over final ?ud0mentsof lo!er courts on cases !ith constitutional issues. ,f so2 inferior courts have ori0inal ?urisdictionover constitutional cases althou0h they decide the case only at first instance2 their decision bein0al!ays revie!able by the SC. -hus2 for instance an &-C can rule on the constitutionality of the'nti%Subversion a!.

,n J.M. -uason A Co. v C'2 SC&' 3#3 1"#3"52 &' 43"32 !hich provided for thee8propriation of the -atalon *state2 !as claimed to be unconstitutional. -his issue said the SC2could be resolved by the C>, in the e?ectment case filed before it by the evictees of the estate2 sincethe "#$ Constitution contemplated that inferior courts should have ?urisdiction in cases involvin0constitutionality issues2 that it spo9e of appellate revie! of Dfinal ?ud0ment of inferior courtsD incases !here such constitutionality happens to be in issue. -he 4@ vote of the SC re:uired by Sec."F of 'rt. V,, restricted the decisions of that Court only in the e8ercise of its appellate ?urisdiction.

,n Ynot v ,'C2 ";= SC&' 3$#2 the SC reversed the &-CEs holdin0 that it had no authorityto rule on the validity of * 343%'2 bannin0 the transportin0 of carabaos from one province toanother. -he Court pointed out2 that since it has ?urisdiction to revie!2 revise2 reverse2 modify or affirm final ?ud0ments of lo!er courts in constitutional cases2 then the lo!er courts can pass uponthe validity of a statute in the first instance.

-he SC then struc9 do!n the la! for bein0 arbitrary and for unduly dele0atin0 le0islative po!er.

C" E++e%t o+ a 'e%laration o+ Un%onstit,tionalit!

Civil Code2 'rt. <.

Arti%le ?" 333W&en t&e %o,rts de%lare a la# to e in%onsistent #it& t&e Constit,tion4 t&e +or2er

s&all e void and t&e latter s&all govern"333

-he effect of a declaration that a la! is unconstitutional is to ma9e the la! either void or voidable.

,t is void if on its face2 it does not en?oy any presumption of validity. 's such2 it producesno effect !hatsoever2 creates no ri0ht or office2 it imposes no duty. Ghatever penalty !as paiddurin0 the period of its operation must be remitted.

P')* "#




'n e8ample is BP $4 in ,0ot v CM**C case2 supra2 providin0 that anyone !ho has been char0ed of rebellion2 etc. is prima facie presumed to be dis:ualified from runnin0 for a local post. n its face2 it blatantly 0oes a0ainst the constitutional presumption of innocence.

'nother e8ample is a la! imposin0 prior restraint !hich is2 accordin0 to Sullivan vBantam Boo9s2 and US v +e! Yor9 -imes2 presumptively unconstitutional.

But a la! declared unconstitutional is only voidable if2 on its face2 it en?oys the presumption of validity. ,n this case2 it becomes inoperative only upon the ?udicial declaration of its invalidity. 'nd even so2 the invalidation produces no retroactive effect2 since it !ould be un?ustto hold that the la! did not produce any effect at all prior to its nullification. >rom the time the la!!as promul0ated to the time it !as declared invalid2 people !ould have entered into varioustransactions and relations2 e8pectin0 and in fact compelled to presume that the la! is valid. -hus2to no! hold that the la! never produced any effect !ould penalize those !ho in faith believed thela!s passed by their representatives to be in accordance !ith their solemn duty under theConstitution.

's the court put it in Chicot County /istrict v Ba8ter State Ban92 the past cannot al!ays be erased2 so that statements of principle of absolute retroactivity is not acceptable in all cases.Said the court2

DL-he actual e8istence of a statute2 prior to such determination2 is an operativefact2 and may have conse:uences !hich cannot ?ustly be i0nored. -he past cannotal!ays be erased by a ne! ?udicial declaration. -he effect of the subse:uent rulin0 as toinvalidity may have to be considered in various aspects !ith respect to particular relations2 individual and corporate2 and particular conduct2 private and official. 888 D

-he case of Serrano de '0bayani v P+B2 = SC&' ;4# 1"#<"5 is in point.

,n "##2 '0bayani borro!ed P;$F from P+B secured by a realty mort0a0e. ,n "#;;2 theloan matured but P+B could not collect because it !as at this time of the !ar. ,n "#;$2 Pres.smena issued the /ebt Moratorium a! 1* N452 suspendin0 the payment of loans for four years due to the rava0es of !ar. ,n "#;=2 &' ;4 e8tended the /ebt Moratorium a! for another ei0ht years 1up to "#$35. ,n "#$2 ho!ever2 the SC declared &' ;4 as unconstitutional in thecase of &utter v *steban. ,n "#$#2 P+B filed a suit for payment of the loan. as the action prescribedK

,f !e ta9e the orthodo8 vie!2 the action has prescribed2 since the declaration of &' ;4 asunconstitutional retroacted to "#;$ !hen * 4 !as first issued. Bet!een "#;; !hen the loanmatured and "#$#2 !hen P+B collected the loan2 "$ years had elapsed.

L-he orthodo8 vie! !as announced by Mr. J. >ield2 in the case of +orton vs. ShelbyCounty !here the court held that6

D888. 'n unconstitutional act is not a la!7 it confers no ri0hts7 it imposes noduties7 it affords no protection7 it creates no office7 it is2 in le0al contemplation2

inoperative2 as if it had not been passed.

But if !e ta9e the unorthodo8 vie!2 as the SC did2 the action could still prosper. -he period from "#;$ !hen the la! !as promul0ated2 to "#$ !hen it !as declared unconstitutionalshould not be counted for the purpose of prescription since the /ebt Moratorium a! !asoperative durin0 this time. ,n effect2 only < years had elapsed 1"#;;%;$2 "#$%$#5.

P')* 4F




,ndeed2 it !ould be un?ust to punish the creditor !ho could not collect prior to "#$ because the /ebt Moratorium a! !as effective2 only to be told later that his respect for anapparently valid la! made him lose his ri0ht to collect.

'rt. < of the Civil Code !hich provides that2 DGhen the courts declare a la! to beinconsistent !ith the Constitution2 the former shall be void and the latter shall 0overn.D seems to be the orthodo8 vie! on the matter.

CO)*TITUTIO)AL LAW ________________

P'&- +*

-* P,,PP,+*S 'S ' S-'-*

I" *tate de+ined"

C,& v Campos &ueda2 ;4 SC&' 4 1"#<"5. ' tate is a politically or0anized soverei0ncommunity2 independent of outside control2 bound by ties of nationhood2 le0ally supreme !ithin itsterritory2 and actin0 throu0h 0overnment functionin0 under a re0ime of la!.

' state is a community of persons2 more or less numerous2 permanently occupyin0 a fi8edterritory and possessed of an independent 0overnment or0anized for political ends to !hich the0reat body of inhabitants render habitual obedience. 1Prof. Samilo Barlon0ay :uotin0 )arner2,ntroduction to Political a!2 ;".5

-he elements of a state are 6 territory2 people2 soverei0nty2 0overnment.

P')* 4"




People refers simply to the inhabitants of the State.

Territor" is the fi8ed portion of the surface of the earth inhabited by the people of theState.

<overnment is the a0ency or instrumentality throu0h !hich the !ill of the State is

formulated2 e8pressed and realized.

overeignt" is the supreme and uncontrollable po!er inherent in a State by !hich thatState is 0overned.

II" Co2ponents o+ t&e P&ilippine *tate

A" Territor! T&e Ar%&ipelago Con%ept

Art" I" T&e national territor! %o2prises t&e P&ilippine ar%&ipelago4 #it& all t&eislands and #aters e2ra%ed t&erein4 and all ot&er territories over #&i%& t&e P&ilippines &assovereignt! or <,risdi%tion4 %onsisting o+ its terrestrial4 +l,vial4 and aerial do2ains4 in%l,dingits territorial sea4 t&e seaed4 t&e s,soil4 t&e ins,lar s&elves4 and ot&er s,2arine areas" T&e#aters aro,nd4 et#een4 and %onne%ting t&e islands o+ t&e ar%&ipelago4 regardless o+ t&eirreadt& and di2ensions4 +or2 part o+ t&e internal #aters o+ t&e P&ilippines"

,n short2 the Philippine territory consists of6 1"5 the Philippine archipela0o2 and 145 allterritories over !hich the Philippines has soverei0nty or ?urisdiction.

f all the constitutions in the !orld2 probably only the Philippines has a definition of itsterritory. 't first 0lance2 this is useless since oneEs territory under ,nternational a! is defined not by oneEs self%servin0 claims as to !hat it covers2 but by international treaties and customs.istorically2 ho!ever2 this definition had a valid purpose.

-he "#$ Constitution needed to define Philippine territory in order to prevent itsdismemberment by the US. Since2 pursuant to the -ydin0s%Mc/uffie 'ct2 the draft of theConstitution !as to be submitted to the US President for approval2 definin0 the national territory!as a !ay of ma9in0 the US ac9no!led0e its e8tent and 1to5 respect its inte0rity.

-he "#< Constitution needed a definition of national territory in order to lay claim toSabah. -he claim !as ori0inally made by President Macapa0al. Sabah !as one of the territories belon0in0 to the Philippines by historic ri0ht and le0al title. President Marcos2 in "#<< on theoccasion of an 'S*'+ Ministerial Meetin0 in Sin0apore announced that the Philippines !as!illin0 to drop its claims over Sabah7 nothin0 !as done2 ho!ever to amend the Constitution.

-he "#=< Constitution chan0ed the phraseolo0y into6 Dall other territories over !hich thePhilippines has soverei0nty or ?urisdiction.D ,n so chan0in02 the rationale !as to remove anyirritant to our relations !ith the Malaysia brou0ht about by the "#< formulation but !ithoutrenouncin0 the claim at the same time. 'ny!ay2 if the Philippines has the ri0ht over Sabah under ,nternational a!2 it possesses that ri0ht !ith or !ithout a Constitution2 the Constitution bein0merely a municipal la! !hich does not bind other states.

-he "#=< Constitution2 therefore2 contains a definition of national territory so as not to0ive an impression that the Philippines is abandonin0 its claim over Sabah. &emovin0 such a

P')* 44




definition !ould amount to droppin0 the claim alto0ether2 a fact not for the Commissioners todecide.

1" T&e P&ilippine Ar%&ipelago

a" Treat! li2its

". -reaty of Paris of "F /ecember "=#=.

'rticle defines the metes and bounds of the archipela0o by lon0itude and latitude2de0rees and seconds. -echnical descriptions are made of the scope of the archipela0o as this may be found on the surface of the earth.

4. -reaty of Gashin0ton of < +ovember "#FF bet!een the United States andSpain.

Cedin0 Ca0ayan2 Sibuto and Sulu.

. -reaty of 4 January "#F bet!een the United States and )reat Britain.

Cedin0 the -urtle and Man0see ,slands.

" Met&od o+ deter2ining t&e aselines

". &' F;3 1"< June "#3"5

/etermine appropriate points of the outermost ,slands of the archipela0o2 then connectthem by means of a strai0ht line until all islands are surrounded or enclosed by the ima0inarystrai0ht lines.

D-he baselines from !hich the territorial sea of the Philippines is determinedconsist of strai0ht lines ?oinin0 appropriate points of the outermost islands of the archipela0o.D1fifth !hereas clause.5

4. &' $;;3 1= September "#3=5.%% Sec. 4 of the 'ct provides that the definitionof the territorial sea of the Philippine 'rchipela0o as provided in this 'ct is !ithout pre?udice to thedelineation of the baselines of the territorial sea around the territory of Sabah2 situated in +orthBorneo2 over !hich the &epublic of the Philippines has ac:uired dominion and soverei0nty.

Uses of the baseline6

a. /etermine !hat is internal !ater 1all !aters inside the baseline2 !hether or not morethan "4 miles from the shore5.

b. /etermine the 4FF mile **O.

P')* 4




c. 'rchipela0ic /octrine

-he basic concept of an archipela0o is that body of !ater studded !ith islands2 or theislands surrounded !ith !ater2 is vie!ed as a unity of islands and !aters to0ether formin0 one unit.-his is in contrast to a continent !hich is a sin0le mass of land.

-he main purpose of the archipela0ic doctrine is to protect the territorial interests of anarchipela0o. ,f !e follo! the old rule of international la!2 it is possible that bet!een islands2 e.0.Bohol and Si:ui?or2 due to the more than 4; mile distance bet!een the 4 islands2 there may be hi0hseas. -hus2 forei0n vessels may ?ust enter anytime at !ill2 posin0 dan0er to the security of theState. 'ccordin0 to the doctrine2 even these bodies of !ater !ithin the baseline2 re0ardless of breadth2 form part of the archipela0o and are thus considered as internal !aters.

-he archipela0ic doctine has a t!o%fold purpose6 1"5 economic reasons7 145 nationalsecurity. 1Barlon0ay.5

-he archipela0ic doctrine is the principle that it is an inte0rated unit7 everythin0 !ithin itcomprises the archipela0o. 1ibid.5

-he Constitutional provisions embodyin0 this doctrine are 6

". Darchipela0o2 !ith all the island and !aters embraced thereinD

'n archipela0o is a body of !ater2 studded !ith islands.

4. Dthe !aters around2 bet!een2 and connectin0 the islands of the archipela0o2 re0ardlessof the breadth and dimensions2 form part of internal !aterD

-he follo!in0 provisions are really superfluous6

". Dterrestrial2 fluvial and aerial domainsD1because land2 !ater and air space already form part of an archipela0o5

4. Dterritorial sea2 seabed2 subsoil2 insular shelves2 other submarine areasD

D-erritorial seaD means !ater outside the baseline e8tendin0 up to "4 miles.

D,nternal !aterD refers to !ater !ithin the baseline.

D,nsular shelfD means the land !hich is submer0ed under !ater !hich may e8tend beyond"4 miles as lon0 as it is not more than FF ft. deep. ,t is also 9no!n as intercontinental shelf.1Barlon0ay.5

7" Ot&er territories over #&i%& t&e P&ilippines &as sovereignt! or <,risdi%tion

P/ "$#3 1"" June "#<=5

Claims the Ialayaan )roup of ,slands as part of Philippine territory on the basis of historic ri0hts and le0al title.

P')* 4;




-he claim !as made Dby reason of history2 indispensable need2 and effective occupationand control established in accordance !ith international la!. 888D

8" T&e territorial sea4 t&e sea ed4 t&e s,soil4 t&e ins,lar s&elves and ot&er s,2arine areas

:" E3%l,sive E%ono2i% Fone

P/ "$## 1"" June "#<=5. -here is established an e8clusive economic zone e8tendin0 Dto adistance of t!o hundred nautical miles beyond and from the baselines from !hich the territorial seais measured. Provided( That 2 !here the outer limits of the zone as thus determined overlap thee8clusive economic zone of an ad?acent or nei0hborin0 state2 the common boundaries shall bedetermined by a0reement !ith the state concerned or in accordance !ith pertinent 0enerallyreco0nized principles or international la! on delimitation.D 1Sec. " thereof.5

ther states shall en?oy in the e8clusive economic zone freedoms !ith respect tonavi0ations and overfli0ht2 the layin0 of submarine cables and pipelines2 and other internationallyla!ful uses of the sea relatin0 to navi0ation and communications. 1Sec. ; thereof.5

Purposes6

". Soverei0n ri0hts to e8plore2 e8ploit2 conserve and mana0e the natural resources2 livin0or non%livin02 rene!able or non%rene!able of the seabed2 subsoil2 and superad?acent !aters.

*conomic e8ploitation and e8ploration of the resources of the zone such as the productionof ener0y from the !ater2 currents and !inds.

4. *8clusive ri0hts and ?urisdiction !ith repect to the establishment and utilization of

artificial islands2 off%shore terminals2 installations and structures7 the preservation of the marineenvironment2 includin0 the prevention and control of pollution and scientific research.

. Such other ri0hts as are reco0nized by international la!.

ther states are prohibited from usin0 the zone to6

". *8plore or e8ploit any resources7

4. Carry out any search2 e8cavation or drillin0 operations7

. Conduct any research7

;. Construct or operate any artificial island2 off%shore terminal2 installation2 or other structure7

$. Perform any activity !hich is contrary to2 or in dero0ation of2 the soverei0n ri0hts and ?urisdiction herein provided.

ther states are allo!ed to use the zone for6

P')* 4$




". +avi0ation and overfli0ht7

4. ayin0 of submarine cable and pipelines7

. ther la!ful uses related to navi0ation and communication.

,n case of overlappin0 of **Os2 the common boundaries are to be detemined by 1i5a0reement and 1ii5 international rules on delimitations.

U+ Convention on the a! of the Sea 1F 'pril "#=4.5

-he e8clusive economic zone !hich shall not e8tend beyond 4FF nautical miles from baselines from !hich the breadth of the territorial sea is measured2 is reco0nized in the U+CS2of !hich the Philippines is a si0natory. ,ts concept is that althou0h it is not part of the territory2e8clusive economic benefit is reserved for the country.

$" People

1" T&ree 2eanings o+ t&e #ord GPeopleG

-he !ord DpeopleD is used in at least three senses in the Constitution6

a" GPeopleG as In&aitants

Art" >III4 *e%tion 1" T&e Congress s&all give &ig&est priorit! to t&e ena%t2ent o+ 2eas,res t&at prote%t and en&an%e t&e rig&t o+ all t&e people to &,2an dignit!4 red,%e so%ial4e%ono2i%4 and politi%al ine,alities4 and re2ove %,lt,ral ine,ities ! e,ital! di++,sing#ealt& and politi%al po#er +or t&e %o22on good"

Art" II4 *e%tion 1;" T&e *tate s&all prote%t and pro2ote t&e rig&t to &ealt& o+ t&e people and instill &ealt& %ons%io,sness a2ong t&e2"

*e%tion 16" T&e *tate s&all prote%t and advan%e t&e rig&t o+ t&e people to a alan%edand &ealt&+,l e%olog! in a%%ord #it& t&e r&!t&2 and &ar2on! o+ nat,re"

Art" III4 *e%tion 7" T&e rig&t o+ t&e people to e se%,re in t&eir persons4 &o,ses4papers4 and e++e%ts against ,nreasonale sear%&es and sei5,res o+ #&atever nat,re and +or an!p,rpose s&all e inviolale4 333

ua Chee )an v /eportation Board2 # SC&' 4< 1"#352 infra. -he ri0ht of the anindividual to be secure in his person is 0uaranteed by the Constitution. Under our Constitution2 thesame is declared a popular ri0ht of the people and2 of course2 indisputably applies to both citizensand forei0ners in this country.

" People as Citi5ens

Preamble. We4 t&e sovereign (ilipino people i2ploring t&e aid o+ Al2ig&t! 0od4 inorder to ,ild a <,st and &,2ane so%iet! and estalis& a 0overn2ent t&at s&all e2od! o,rideals and aspirations4 pro2ote t&e %o22on good4 %onserve and develop o,r patri2on!4 and

P')* 43




se%,re to o,rselves and o,r posterit! t&e lessings o+ independen%e and de2o%ra%! ,nder t&er,le o+ la# and a regi2e o+ tr,t&4 <,sti%e4 +reedo24 love4 e,alit! and pea%e4 do ordain andpro2,lgate t&is Constit,tion"

Art" II4 *e%" 1" T&e P&ilippines is a de2o%rati% and rep,li%an *tate" *overeignt!resides in t&e people and all govern2ent a,t&orit! e2anates +ro2 t&e2"

Art" II4 *e%" :" T&e pri2e d,t! o+ t&e 0overn2ent is to serve and prote%t t&e people"T&e 0overn2ent 2a! %all ,pon t&e people to de+end t&e *tate and4 in t&e +,l+ill2ent t&ereo+4all G%iti5ensG 2a! e re,ired to render personal 2ilitar! or %ivil servi%e"

Art" III4 *e%" ?" T&e rig&t o+ t&e people to in+or2ation on 2atters o+ p,li% %on%erns&all e re%ogni5ed" A%%ess to o++i%ial re%ords4 and to do%,2ents4 and papers pertinent too++i%ial a%ts4 transa%tions4 or de%isions4 as #ell as to govern2ent resear%& data ,sed as asis+or poli%! develop2ent4 s&all e a++orded t&e %iti5ens s,<e%t to li2itations provided ! la#"

%" People as Ele%tors

Art" VII4 *e%" :" T&e President and Vi%ePresident s&all e ele%ted ! dire%t vote o+ t&e people 333"

Art" >VI4 *e%" 7" T&e Congress 2a!4 ! la#4 adopt a ne# na2e +or t&e %o,ntr!4 anational ant&e24 or a national seal4 #&i%& s&all all e tr,l! re+le%tive and s!2oli% o+ t&eideals4 &istor!4 and traditions o+ t&e people" *,%& la# s&all tae e++e%t onl! ,pon itsrati+i%ation ! t&e people in a national re+erend,2"

Art" >VIII4 *e%" 7;" A+ter t&e e3piration in 1991 o+ t&e Agree2ent et#een Rep,li%o+ t&e P&ilippines and United *tates o+ A2eri%a %on%erning Militar! $ases4 +oreign 2ilitar!ases4 troops4 or +a%ilities s&all not e allo#ed in t&e P&ilippines e3%ept ,nder a treat! d,l!%on%,rred in ! t&e *enate and4 #&en Congress re,ires4 rati+ied ! a 2a<orit! o+ t&e votes

%ast ! t&e people in a national re+erend,2 &eld +or t&at p,rpose4 and re%ogni5ed as a treat!! t&e ot&er %ontra%ting part!"

7" Citi5ens&ip

a" W&o are %iti5ens

'rt. ,V2 Sec. ". -he follo!in0 are citizens of the Philippines61D T&ose #&o are %iti5en o+ t&e P&ilippines at t&e ti2e o+ t&e adoption o+ t&e

Constit,tionH7D T&ose #&ose +at&ers or 2ot&ers are %iti5ens o+ t&e P&ilippinesH8D T&ose orn e+ore Ban,ar! 1?4 19?84 o+ (ilipino 2ot&ers4 #&o ele%t P&ilippine

%iti5ens&ip ,pon rea%&ing t&e age o+ 2a<orit!H and:D T&ose #&o are nat,rali5ed in a%%ordan%e #it& la#"

-hese citizens are classifiable into 1i5 natural%born citizens 1coverin0 NEs "2 42 and 5 and1ii5 naturalized citizens 1coverin0 N;5.

" Ele%tion o+ P&ilippine %iti5ens&ip

P')* 4<




Com. 'ct +o. 34$ 1June <2 "#;".5 '+ 'C- P&V,/,+) -* M'++*& ,+ G,C -* P-,+ -**C- P,,PP,+* C,-,O*+S,P S' B* /*C'&*/ BY ' P*&S+ GS* M-*& ,S '>,,P,+ C,-,O*+

*e%tion 1" T&e option to ele%t P&ilippine %iti5ens&ip in a%%ordan%e #it& s,se%tion :D4se%tion 14 Arti%le IV 198; Constit,tion- T&ose #&ose 2ot&ers are %iti5ens o+ t&e P&ilippines and4

,pon rea%&ing t&e age o+ 2a<orit!4 ele%t P&ilippine %iti5ens&ipJ s&all e e3pressed in a state2ent toe signed and s#orn to ! t&e part! %on%erned e+ore an! o++i%er a,t&ori5ed to ad2inister oat&s4and s&all e +iled #it& t&e nearest %ivil registr!" T&e said part! s&all a%%o2pan! t&e a+oresaidstate2ent #it& t&e oat& o+ allegian%e to t&e Constit,tion and t&e 0overn2ent o+ t&e P&ilippines"

*e%tion 7" I+ t&e part! %on%erned is asent +ro2 t&e P&ilippines4 &e 2a! 2ae t&e state2ent&erein a,t&ori5ed e+ore an! o++i%er o+ t&e 0overn2ent o+ t&e United *tates no# o++i%ials o+ P&ilippine E2ass! or Cons,lateD a,t&ori5ed to ad2inister oat&s4 and &e s&all +or#ard s,%&state2ent toget&er #it& &is oat& o+ allegian%e4 to t&e Civil Registr! o+ Manila"

+ote 6 -he ri0ht of election permitted under the "#=< Constitution is available only to those born to>ilipino mothers under the "#$ Constitution !ho2 had that charter not been chan0ed2 !ould have

been able to elect Philippine citizenship upon attainin0 ma?ority a0e. -hat ri0ht is retained for them under 'rticle ,V2 Section " 15. bviously2 election is not necessary in the case of the child toa >ilipino mother under the present constitution as she !ould be considered a >ilipino citizen at birth.

Co v. *lectoral -ribunal of the ouse of &epresentatives2 "## SC&' 3#4 1"##"5 >6 Petitioners Balin0it and Co and private respondent n0 !ere amon0 the candidates !ho vied for the position of representative in the 4nd le0islative district of +orthern Samar in the May "#=< election.n0 !as proclaimed the !inner.

Petitioners filed election protest !ith the ouse of &epresentatives *lectoral -ribunal a0ainstn0 on the 0round that n0 is not a natural born citizen of the Philippines and not a resident of the 4nddistrict of Samar. &*- ruled in favor of n0.

,SSU*6 G@+ n0 is a natural born citizen as to entitle him to run as con0ressman.

&U,+)6 Y*S2 n0 is a natural born citizen.

Under the "#=< Constitution6

DSec. ". -he ff. are citizens of the Phil.6888

5 -hose born before "< January "#<2 of >ilipino mothers2 !ho elect Philippinecitizenship upon reachin0 the a0e of ma?ority7 and

;5 -hose !ho are naturalized in accordance !ith la!.

Sec. 4. +atural born citizens are those !ho are citizens of the Phil. from birth !ithouthavin0 to perform any act to ac:uire or perfect their citizenship. -hose !ho elect Phil. citizenshipin accordance !ith par. 2 Sec. " hereof shall be deemed natural born citizens.D

P')* 4=




-he Court interprets Sec. " par. as applyin0 not only to those !ho elect Phil. citizenshipafter 4 >ebruary "#=< but also those !ho2 havin0 been born of >ilipino mothers2 elected citizenship before that date2 as in the case of n0. -his rulin0 finds support in the deliberations of theConstitutional Commission. -he provision !as framed to correct the anomalous situation !hereone born of a >ilipino father and an alien mother !as automatically 0ranted the status of a natural born citizen !hile one born of a >ilipino mother and an alien father !ould still have to elect Phil.

citizenship. ,f one so elected2 under earlier la!s2 he !as not conferred the status of a natural borncitizen.

-here is no :uestion that n0Es mother !as a natural born >ilipina at the time of her marria0e !ith Jose n0 Chuan2 a Chinese !ho filed an application for naturalization and !as0ranted one. Crucial to this case is !hether or not n0 elected or chose to be a >ilipino citizen inorder to come !ithin the purvie! of the above :uoted constitutional provision.

-o e8pect n0 to have formally or in !ritin0 elected citizenship !hen he came of a0e is toas9 for the unnatural and unnecessary for the court is of the opinion that n0 !as already a citizen. +ot only !as his mother a natural born citizen but his father had been naturalized !hen therespondent !as only nine years old. e could not have divined !hen he came of a0e that in "#<and "#=<2 the Constitution !ould be amended to re:uire him to have filed a s!orn statement in"#3# electin0 citizenship inspite of his already havin0 been a citizen since "#$<. 'n election of Philippine citizenship presupposes that the person electin0 is an alien or his status is doubtful because he is a national of t!o countries. -here is no doubt in this case about n0Es >ilipinonationality !hen he turned 4".

-here are cases !hich define DelectionD as both a formal and an informal process. ,n thecase of ,n &e Mallare2 the Court held that the e8ercise of the ri0ht of suffra0e and the participationin election e8ercises constitute a positive act of election of Phil. citizenship. ,n this case2 n0 didnot merely e8ercise his ri0ht of suffra0e. e has established his life here in the Phil.

n0 !as born in the rural to!n of Samar !here there are no alien enclaves and no racialdistinctions. -he resp. has lived the life of a >ilipino since birth. is father applied for natu%

ralization !hen the child !as still a small boy. n0 has !or9ed in a sensitive position in a0overnment a0ency. is profession 1CP'5 re:uires citizenship for ta9in0 the e8aminations and 0et%tin0 a license. e has participated in political e8ercises as a >ilipino and has al!ays consideredhimself a >ilipino. -here is nothin0 to indicate any tin0e of alien%ness. -he mass of voters of +.Samar are fully a!are of n0Es parenta0e. -hey voted by over!helmin0 numbers to have himrepresent them in Con0ress. Because of his acts since childhood2 they have considered him a>ilipino.

-he &*- had an interestin0 vie! as to ho! n0 elected citizenship. ,t observed thatD!hen n0 !as only nine years old2 his father became a naturalized >ilipino. Sec. "$ of the&evised +aturalization 'ct s:uarely applies its benefit to him for he !as then a minor residin0 inthe country. Concededly2 it was the law itself that had alread" elected Phil. citizenship for =ng b"declaring him as such.

-he petitioners contend that n0Es father !as not validly naturalized because of his premature ta9in0 of the oath of citizenship. -he petitioners :uestion the citizenship of n0Es father throu0h a collateral approach. -his cannot be done. ,n our ?urisdiction2 an attac9 on a personEscitizenship may only be done throu0h a direct action for its nullity. MRM"

888 -he filin0 of a s!orn statement or formal declaration is a re:uirement for those !hostill have to elect citizenship. >& -S* '&*'/Y >,,P,+S !hen the time to elect came

P')* 4#




up2 there are acts of deliberate choice !hich cannot be less bindin0. 'ny election of Philippinecitizenship on the part of private respondent n0 !ould not only have been superfluous but !ouldalso have resulted in absurdity considerin0 that it !as the la! itself that had already electedPhilippine citizenship for him.

0issenting>

n0 is not a natural%born >ilipino citizen2 he havin0 been born a Chinese citizen by virtueof the Chinese citizenship of his father at the time of his birth. Under the "#$ Constitution !hich!as in force at the time of n0Es birth2 only those !hose fathers !ere citizens of the Philippines!ere considered >ilipino citizens. -hose !hose mothers !ere citizens of the Philippines had to electPhilippine citizenship upon reachin0 the a0e of ma?ority2 in order to be considered >ilipino citizens.

%" )at,ralorn %iti5ens

Art" IV4 *e%tion 7" )at,ralorn %iti5ens are t&ose #&o are %iti5ens o+ t&e P&ilippines+ro2 irt& #it&o,t &aving to per+or2 an! a%t to a%,ire or per+e%t t&eir P&ilippine %iti5ens&ip"T&ose #&o ele%t P&ilippine %iti5ens&ip in a%%ordan%e #it& paragrap& 8D4 *e%tion 1 &ereo+ s&all e dee2ed nat,ralorn %iti5ens"

-he provision 0rantin0 natural%born status even to those !ho !ere born of >ilipinomothers before "< January "#< but elected Philippine citizenship after that date is meant tocorrect the anomalous situation !here one born under similar circumstances but made the election before "< January "#< is 0ranted the status of natural%born citizen by the "#< Constitution.Simply because there !as no definition of a natural%born citizen under the "#$ Constitution2 thatone !ho made the election after the effectivity of the "#< Constitution !as not conferred suchstatus. -he definition of a natural%born citizen under the "#< Constitution2 therefore made a childof >ilipino mother and alien fatherEs ri0ht depends on the fleetin0 accident of time2 and resulted int!o 9inds of citizens made up of essentially the same members.

't the same time2 ho!ever2 those !ho elected prior to "< January "#< could not be placed

in the same footin0 as those !ho made the election after that date2 because the former already had aDvested ri0htD to their citizenship !hich could not be diminished by the "#< Constitution.

-he remedy is to place the latter in the same footin0 as the former. -hus2 under the "#=<Constitution2 this accidental anomaly no lon0er e8ists.

-o illustrate6 ,f H !as born and elected before "< January "#<2 his status under the "#<and "#=< Constitutions is that of a natural%born citizen2 because althou0h he had to perform an actto perfect his citizenship2 he could not other!ise be classified since there !as no definition of natural%born citizens in the "#$ Constitution.

,f H !as born before and elected after "< January "#<2 !hether before or after 4>ebruary "#=<2 he !as not a natural%born citizen under the "#< Constitution. ,f not for the proviso in the "#=< Constitution2 he !ould not have been deemed natural%born citizen either.

,n turn the definition of Dnatural%born citizenD as one !ho is such from 1not at5 birth1continuously up to the time his citizenship is :uestioned52 !as raised about the citizenship of uezon2 et. al.2 under the "#$ Constitution.

avin0 the status of a natural%born citizen is important for the purpose of certain politicaland economic ri0hts open only to such citizens.

P')* F




a5 Political6 ualification to run for the follo!in0 posts6

Gho must be natural born citizens6

1"5 President 'rt. V,,2 Sec. 4145 Vice%President 'rt. V,,2 Sec. 15 Members of Con0ress 'rt. V,2 Secs. and 31;5 Justices of the SC and lo!er colle0iate courts 'rt. V,,,2 Sec. <1"51$5 mbudsman and his deputies 'rt. H,2 Sec. =135 Constitutional Commissions 'rt. ,H2 B2 Sec. " 1"5

'rt. ,H2 C2 Sec. "1"5'rt. ,H2 /2 Sec. "1"5

1<5 Members of the Central Monetary 'uthority 'rt2 H,,2 Sec. 4F1=5 Members of the C& 'rt. H,,,2 Sec. "<1451Commission on uman &i0hts5

>ormer natural%born citizens as transferees of private lands.

b5 *conomic

Art" >II4 *e%" 333 AJnat,ralorn %iti5en o+ t&e P&ilippines #&o &as lost &isP&ilippine %iti5ens&ip 2a! still e a trans+eree o+ private lands4 s,<e%t to li2itations provided! la#"

-he follo!in0 are natural%born citizens6

1D T&ose #&o are %iti5ens o+ t&e P&ilippines at t&e ti2e o+ t&e adoption o+ t&is Constit,tion as

o+ 7 (er,ar! 19?D"

aD T&ose #&o are %iti5ens ,nder t&e Treat! o+ Paris

Under 'rt. # of the -reaty of Paris2 the civil and political status of the inhabitants of thePhilippines !as to be determined by the US Con0ress.

Pursuant to this provision in the treaty2 the US Con0ress passed the Philippine Bill of "July "#F42 Section ; of !hich defined !ho the citizens of the Philippines !ere6

D-he inhabitants of the Philippines residin0 therein !ho !ere sub?ects of Spain on "" 'pril"=##2 and continuin0 to reside therein2 as !ell as their children born subse:uent thereto.D

-he cut%off date of "" 'pril "=## !as the date of De8chan0e of instruments of ratificationD bet!een the US Senate and Spain2 or the date of ratification of the -reaty of Paris.

-he peninsulares !ere 0iven a period of "= months to indicate if they choose >ilipino or Spanish citizenship2 by filin0 their election !ith the C>,.

-his same provision !as re%embodied in the Jones a! of 4# 'u0ust "#"3.

P')* "




D T&ose de%lared %iti5ens ! <,di%ial de%laration appl!ing t&e jus soli prin%iple4e+ore t&e 19;? %ase o+ Tio Tia2 v Rep,li%"

,n &oa v Commissioner of Customs 1"#"452 durin0 the re0ime of the Philippine Bill of "#F42 &oa2 !ho !as born in the Philippines in "==# by a Chinese father and >ilipino mother2 !asdeclared by the court to be a citizen by 5us soli.

,n Paz Chua v Secretary of abor 1"##52 durin0 the re0ime of the "#$ Constitution2 PazChua !ho !as born in -arlac in "#"; of Chinese father and >ilipino mother2 !as not declared acitizen. -he SC held2 !ithout alludin0 to the &oa case2 that the 5us soli !as never adopted in thePhilippines.

,n -orres v -an Chim 1"#;F52 -an2 !ho !as in the Philippines in "=# of Chinese father and >ilipino mother2 !as declared a citizen. 'ccordin0 to J. aurel2 the principle of 5us soli stillapplied. -he "#; Concon !as a!are of the &oa rulin0 and did not intend to overrule it.

,n -an Chon0 v Secretary of abor and am S!ee San0 v Secretary of abor 1"#;<52 acase decided durin0 the re0ime of the &epublic upon a motion for reconsideration of a pre%!ar decision2 -an2 !ho !as born in "#"$2 and am2 !ho !as born in "#FF2 both in the Philippines2 of Chinese father and >ilipino mother2 !ere not declared citizens. 'ccordin0 to J. Padilla2 the "#$Constitution never adopted the 5us soli principle7 the mere fact of birth in the Philippines does notconfer citizenship on a person.

,n -alaroc v Uy 1"#$F52 considerin0 his service durin0 the !ar and his havin0 been electedmayor in Misamis2 !as declared by the SC a citizen Dsimply due to birthD2 !ithout mention of 5us soli or 5us sanguinis.

>inally2 in -io -am v &epublic 1"#$<52 the SC tried to resolve the flip%flop rulin0s bystatin0 that !e follo! only 5us sanguinis but that those !ho !ere ?udicially declared citizens on the basis of 5us soli prior to this case !ould be considered citizens. -his is the final !ord on thematter.

,t !ould be !orthy to note that the flip%flop in decision can be e8plained by the date of birth of the applicant in each case. -hose born before "" 'pril "=## !ere the ones to !hom 5us soli !as applied2 for they very !ell !ere citizens under the -reaty of Paris.

%D T&ose #&o #ere nat,rali5ed in a%%ordan%e #it& la#" A%t" )o" 797? o+ t&eP&ilippine Co22issionD"

dD T&ose #&o #ere %iti5ens ,nder t&e 198; Constit,tion""5 -hose !ho !ere citizens at the time of adoption of the Constitution 1"$ +ovember

"#$2 the date of the inau0uration of the Common!ealth 0overnment5.

45 -hose born in the Philippines of forei0n parent2 !ho before the adoption of the Consti%tution had been elected to public office in the Philippines.

-his is the so%called DCaram rule in honor of Caram2 a Syrian2 elected to the "#; Consti%tutional Convention. -he rule !as adopted to avoid the absurdity of the situation.

-he rule only applies to elective positions2 not appointive ones.

P')* 4




,n Chion0bian v de eon2 the SC held that if one is considered a citizen under the Caramrule2 his children !ould also be considered citizens2 but under the third cate0ory 1those !hosefathers are citizens5

5 -hose !hose fathers are citizens of the Philippines.

;5 -hose !hose mothers are citizens of the Philippines and2 upon2 reachin0 the a0e of ma?ority2 elected Philippine citizenship.

,t !as only be0innin0 "< January "#< !hen children of >ilipino mothers became citizens!ithout need of election. Children born before this date of >ilipino mother and alien fathers had anDinchoate citizenshipD until they elected upon reachin0 4" years.

$5 -hose naturalized in accordance !ith la!.

eD T&ose #&o are %iti5ens ,nder t&e 19?8 Constit,tion"

"5 -hose !ho are citizens as of "< January "#<2 the date of effectivity of the "#<Constitution.

45 -hose !hose fathers or mothers are citizens of the Philippines.

-hat is2 those born on or after "< January "#< of >ilipino father or >ilipino mother.

5 -hose !ho elected Philippine citizenship pursuant to the "#$ Constitution

-hat is2 those born before "< January "#< of >ilipino mothers but reached the a0e of ma?ority and elected Philippine citizenship on or after "< January "#<.

+ote that if one !as born2 reached the a0e of ma?ority and elected Philippine citizenship

before "< January "#<2 then he !ould be a citizen under e%" 1those !ho are citizens at theadoption of the "#< Constitution5.

n the other hand2 if one !as born2 reached 4" years2 but did not or failed to elect before"< January "#<2 then he lost his citizenship then.

;5 -hose !ho are naturalized in accordance !ith la!.

7"D T&ose orn o+ (ilipino +at&ers or (ilipino 2ot&ers a+ter 1? Ban,ar! 19?8D"

8"D T&ose orn e+ore 1? Ban,ar! 19?8 o+ (ilipino 2ot&ers #&o ele%t P&ilippine %iti5ens&ip,pon rea%&ing t&e age o+ 2a<orit!"

-his case arose under the "#$ Constitution2 children of >ilipino mothers did notautomatically become citizens. -hey had an Dinchoate citizenshipD durin0 their minority2 and became full%pled0ed citizens only upon election at the a0e of ma?ority.

P')*




Be0innin0 !ith the "#< Constitution2 ho!ever2 children of >ilipino mothers automatically became citizens. -his provision then covers those children born2 before the effectivity of the "#<Constitution.

By January "<2 "##;2 this provision !ould have no application anymore2 since the last of those born before "< January "#< !ould have reached the a0e of ma?ority by then.

Case '6 ' >ilipino !oman married B2 an 'merican in "#3". -he marria0e made ' an'merican citizen 1!hich under C' 32 stripped her of her Philippine citizenship2 the marria0ehavin0 been celebrated before "< January "#<5. ' and B lived in the US since then and in "#342 be0ot C2 !ho !as automatically an 'merican citizen by 5us soli and 5us sanguinis.

,n "#=2 !hen C turns 4"2 can he elect Philippine citizenshipK Yes2 accordin0 to obiters inCu v &epublic and Villahermosa v C,/2 in order to elect Philippine citizenship2 at least for election purposes2 it is enou0h that 1"5 the personEs mother !as a >ilipino at the time of her marria0e to thealien father2 even if she subse:uently lose her citizenship by virtue of the marria0e and 145 the person be a child of that marria0e2 for him to elect Philippine citizenship.

,f C !ants to run for Con0ress2 is he considered a natural born >ilipinoK Under the "#<Constitution2 no. But under the "#=< Constitution2 yes.

+ote that if he !ere born after "< January "#<2 the child !ould not even be a >ilipino.

d" )at,rali5ed Citi5ens4 Revised )at,rali5ation La# Co2" A%t )o":?84 e++e%tive B,ne 1?4 1989"D

:"D T&ose #&o are nat,rali5ed in a%%ordan%e #it& la#" 1namely C' ;<2 &evised +aturalizationa!5 1'rt. ,V2 Sec." 1;55

Gho are :ualified to be naturalized

ualifications 1Sec. 42 C' ;<5

'. '0e

"5 e must not be less than 4" years old at the date of hearin0.Barlon0ay6 Ghen the la! uses the phase Da0e of ma?ority2D use "= years old2 but not !hen

it uses the phrase Dnot less than 4" years old.

B. &esidence

45 e must have resided in the Philippines for a continuous period of not less than tenyears.

C. Character

.5 e must be of 0ood moral character and believes in the principles underlyin0 thePhilippine Constitution2 and must have conducted himself in an irreproachable conduct durin0 the

P')* ;




entire period of his residence in the Philippines in his relation !ith the constituted 0overnment as!ell as !ith the community in !hich he is livin0.

/. Property

;.5 e must o!n real estate in the Philippines !orth not less than P$2FFF or must have

some 9no!n lucrative trade2 profession or la!ful occupation.1-est6 Can he support himself and his familyK5

*. *ducation

$.5 Must be able to spea9 and !rite 1not read and !rite5 >ilipino or *n0lish2 and a principal dialect 1as pro tanto modified by the "#=< Constitution2 since the la! itself spo9e of *n0lish or Spanish2 and a principal dialect5. -hus2 a deaf and mute is dis:ualified2 rest off v&epublic.

Art" >IV4 *e%" ?" (or p,rposes o+ %o22,ni%ation and instr,%tion4 t&e o++i%iallang,ages o+ t&e P&ilippines are (ilipino and4 ,ntil ot&er#ise provided ! la#4 Englis&" T&eregional lang,ages are t&e a,3iliar! o++i%ial lang,ages in t&e regions and s&all serve asa,3iliar! 2edia o+ instr,%tion t&erein" 333

3.5 e must have enrolled his minor children of school a0e in any of the public schools or private schools reco0nized by the Bureau of Private Schools of the Philippines2 !here Philippinehistory2 0overnment and civics are tau0ht or prescribed as part of the school curriculum2 durin0 theentire period of the residence in the Philippines re:uired of him prior to the hearin0 of his petitionfor naturalization as Philippine citizen.

Ghen is the ten%year residence re:uirement reduced to five 1$5 yearsKCom. 'ct +o. ;<2 sec. .

*e%" 8" Special qualifications" T&e Ten !ears o+ %ontin,o,s residen%e re,ired ,nder t&ese%ond %ondition o+ t&e last pre%eding se%tion s&all e ,nderstood as red,%ed to +ive !ears +or an!petitioner &aving an! o+ t&e +ollo#ing ,ali+i%ations-

1D .aving &onoral! &eld o++i%e ,nder t&e 0overn2ent o+ t&e P&ilippines or ,nder t&at o+ an! o+ t&e provin%es4 %ities4 2,ni%ipalities4 or politi%al s,divisions" #&i%& #as allo#ed e+ore ! t&e198; Constit,tion4 no distin%tion #&et&er appointive or ele%tive posts"D

7D .aving estalis&ed a ne# ind,str! or introd,%ed a ,se+,l invention in t&e P&ilippines""

8D $eing 2arried to a (ilipino #o2an

,f it !ere an alien !oman !ho married a >ilipino man2 she !ould only need an adminis%trative proceedin0 for the cancellation of her 'lien Certificate of &e0istration2 upon proof of

marria0e and accordin0 to the holdin0 in Moy Yam im2 proof of non%dis:ualification. -hese arethe only re:uirements because ipso facto2 she became a >ilipino herself by marria0e. :D .aving een engaged as a tea%&er in t&e P&ilippines in a p,li% or re%ogni5ed private

s%&ool not estalis&ed +or t&e e3%l,sive instr,%tion o+ %&ildren o+ persons o+ a parti%,lar nationalit!or ra%e4 in an! o+ t&e ran%&es o+ ed,%ation or ind,str! +or a period o+ not less t&an t#o !ears"

;D .aving een orn in t&e P&ilippines"

Gho are dis:ualified to be naturalizedK

P')* $




C' ;<2 Sec. ;

-he applicant must not only possess the :ualifications2 he must not have any of thedis:ualifications set by la!.

*e%tion :" Who are disqualified " T&e +ollo#ing %annot e nat,rali5ed as P&ilippine %iti5ens-

aD Persons opposed to organi5ed govern2ent or a++iliated #it& an! asso%iation or gro,p o+ persons #&o ,p&old and tea%& do%trines opposing all organi5ed govern2entsH

D Persons de+ending or tea%&ing t&e ne%essit! or propriet! o+ violen%e4 personal assa,lt4 orassassination +or t&e s,%%ess and predo2inan%e o+ t&eir ideasH

%D Pol!ga2ists4 or elievers in t&e pra%ti%e o+ pol!ga2!HdD Persons %onvi%ted o+ a %ri2e involving 2oral t,rpit,de"

1Moral turpitude involves dishonesty2 depravity. ' propensity to brea9 the la!2 even ?usttraffic la!s2 constitute moral depravity. Ghile murder bein0 a crime of passion does not involvemoral turpitude2 theft and estafa do.5

eD Persons s,++ering +ro2 2ental alienation or in%,rale %ontagio,s diseaseH+D Persons #&o4 d,ring t&e period o+ t&eir residen%e in t&e P&ilippines4 &ave not 2ingled

so%iall! #it& (ilipinos4 or #&o &ave not evin%ed a sin%ere desire to learn and e2ra%e t&e %,sto2s4traditions4 and ideals o+ t&e (ilipinosH

gD Citi5ens or s,<e%ts o+ nations #it& #&o2 t&e P&ilippines is at #ar4 d,ring t&e period o+ s,%& #arH

&D Citi5ens or s,<e%ts o+ a +oreign %o,ntr! #&ose la#s do not grant (ilipinos t&e rig&t toe%o2e nat,rali5ed %iti5ens or s,<e%ts t&ereo+"

/eclaration of ,ntentionCom. 'ct +o. ;<2 sec. $.

*e%" ;" Declaration of intention" One !ear prior to t&e +iling o+ &is petition +or ad2issionto P&ilippine %iti5ens&ip4 t&e appli%ant +or P&ilippine %iti5ens&ip s&all +ile #it& t&e O++i%e o+ t&e*oli%itor0eneral4 a de%laration ,nder oat& t&at it is bona fide &is intention to e%o2e a %iti5en o+ t&eP&ilippines" *,%& de%laration s&all set +ort& t&e na2e4 age4 o%%,pation4 personal des%ription4 pla%e

o+ irt&4 last +oreign residen%e and allegian%e4 t&e date o+ arrival4 t&e na2e o+ t&e vessel or air%ra+t4i+ an!4 in #&i%& &e %a2e to t&e P&ilippines4 and t&e pla%e o+ residen%e in t&e P&ilippines at t&e ti2eo+ 2aing t&e de%laration" )o de%laration s&all e valid ,ntil la#+,l entr! +or per2anent residen%e&as een estalis&ed and a %erti+i%ate s&o#ing t&e date4 pla%e4 and 2anner o+ &is arrival &as eeniss,ed" T&e de%larant 2,st also state t&at &e &as enrolled &is 2inor %&ildren4 i+ an!4 in an! o+ t&ep,li% s%&ools or private s%&ools re%ogni5ed ! t&e $,rea, o+ Private *%&ools o+ t&e P&ilippines4#&ere P&ilippine &istor!4 govern2ent and %ivi%s are ta,g&t or pres%ried as part o+ t&e s%&ool%,rri%,l,24 d,ring t&e entire period o+ t&e residen%e in t&e P&ilippines re,ired o+ &i2 prior to t&e&earing o+ &is petition +or nat,rali5ation as P&ilippine %iti5en" Ea%& de%larant 2,st +,rnis& t#op&otograp&s +or &i2sel+"

*e%tion 6" Persons exempt from requirement to make a declaration of intention" Personsorn in t&e P&ilippines and &ave re%eived t&eir pri2ar! and se%ondar! ed,%ation in p,li% s%&oolsor t&ose re%ogni5ed ! t&e 0overn2ent and not li2ited to an! ra%e or nationalit!4 and t&ose #&o

&ave resided %ontin,o,sl! in t&e P&ilippines +or a period o+ t&irt! !ears or 2ore e+ore +iling t&eirappli%ation4 2a! e nat,rali5ed #it&o,t &aving to 2ae a de%laration o+ intention ,pon %o2pl!ing#it& t&e ot&er re,ire2ents o+ t&is A%t" To s,%& re,ire2ents s&all e added t&at #&i%& estalis&est&at t&e appli%ant &as given pri2ar! and se%ondar! ed,%ation to all &is %&ildren in t&e p,li%s%&ools or in private s%&ools re%ogni5ed ! t&e 0overn2ent and not li2ited to an! ra%e ornationalit!" T&e sa2e s&all e ,nderstood appli%ale #it& respe%t to t&e #ido# and 2inor %&ildreno+ an alien #&o &as de%lared &is intention to e%o2e a %iti5en o+ t&e P&ilippines4 and dies e+ore &e isa%t,all! nat,rali5ed"

P')* 3




,f one !ho is not e8empted2 fails to file2 or files an invalid declaration of intention2 he can be denaturalized anytime throu0h denaturalization proceedin0s.

Procedure

Com. 'ct. +o. ;<2 Secs. <%"4

*e%tion ?" Petition for citizenship" An! person desiring to a%,ire P&ilippine %iti5ens&ips&all +ile #it& t&e %o2petent %o,rt4 a petition in tripli%ate4 a%%o2panied ! t#o p&otograp&s o+ t&epetitioner4 setting +ort& &is na2e and s,rna2eH &is present and +or2er pla%es o+ residen%eH &iso%%,pationH t&e pla%e and date o+ &is irt&H #&et&er single or 2arried and t&e +at&er o+ %&ildren4 t&ena2e4 age4 irt&pla%e and residen%e o+ t&e #i+e and o+ ea%& o+ t&e %&ildrenH t&e appro3i2ate date o+ &is or &er arrival in t&e P&ilippines4 t&e na2e o+ t&e port o+ dearation4 and4 i+ &e re2e2ers it4t&e na2e o+ t&e s&ip on #&i%& &e %a2eH a de%laration t&at &e &as t&e ,ali+i%ations re,ired ! t&isA%t4 spe%i+!ing t&e sa2e4 and t&at &e is not dis,ali+ied +or nat,rali5ation ,nder t&e provisions o+ t&is A%tH t&at &e &as %o2plied #it& t&e re,ire2ents o+ se%tion +ive o+ t&is A%tH and t&at &e #illreside %ontin,o,sl! in t&e P&ilippines +ro2 t&e date o+ t&e +iling o+ t&e petition ,p to t&e ti2e o+ &isad2ission to P&ilippine %iti5ens&ip" T&e petition 2,st e signed ! t&e appli%ant in &is o#n&and#riting and e s,pported ! t&e a++idavit o+ at least t#o %redile persons4 stating t&at t&e! are

%iti5ens o+ t&e P&ilippines and personall! no# t&e petitioner to e a resident o+ t&e P&ilippines +ort&e period o+ ti2e re,ired ! t&is A%t and a person o+ good rep,te and 2orall! irreproa%&ale4 andt&at said petitioner &as in t&eir opinion all t&e ,ali+i%ations ne%essar! to e%o2e %iti5en o+ t&eP&ilippines and is not in an! #a! dis,ali+ied ,nder t&e provisions o+ t&is A%t" T&e petition s&all alsoset +ort& t&e na2es and posto++i%e addresses o+ s,%& #itnesses as t&e petitioner 2a! desire tointrod,%e at t&e &earing o+ t&e %ase" T&e %erti+i%ate o+ arrival4 and t&e de%laration o+ intention 2,ste 2ade part o+ t&e petition"

*e%tion" " Competent court " T&e Co,rt o+ (irst Instan%e o+ t&e provin%e in #&i%& t&epetitioner &as resided at least one !ear i22ediatel! pre%eding t&e +iling o+ t&e petition s&all &avee3%l,sive original <,risdi%tion to &ear t&e petition"

*e%tion 9" Notification and appearance" I22ediatel! ,pon t&e +iling o+ a petition4 it s&all

e t&e d,t! o+ t&e %ler o+ t&e %o,rt to p,lis& t&e sa2e at petitionerKs e3pense4 on%e a #ee +ort&ree %onse%,tive #ees4 in t&e O++i%ial 0a5ette4 and in one o+ t&e ne#spapers o+ general %ir%,lationin t&e provin%e #&ere t&e petitioner resides4 and to &ave %opies o+ said petition and a general noti%eo+ t&e &earing posted in a p,li% and %onspi%,o,s pla%e in &is o++i%e or in t&e ,ilding #&ere saido++i%e is lo%ated4 setting +ort& in s,%& noti%e t&e na2e4 irt&pla%e and residen%e o+ t&e petitioner4 t&edate and pla%e o+ &is arrival in t&e P&ilippines4 t&e na2es o+ t&e #itnesses #&o2 t&e petitionerproposes to introd,%e in s,pport o+ &is petition4 and t&e date o+ t&e &earing o+ t&e petition4 #&i%&&earing s&all not e &eld #it&in ninet! da!s +ro2 t&e date o+ t&e last p,li%ation o+ t&e noti%e" T&e%ler s&all4 as soon as possile4 +or#ard %opies o+ t&e petition4 t&e senten%e4 t&e nat,rali5ation%erti+i%ate4 and ot&er pertinent data to t&e O++i%e o+ t&e President4 t&e O++i%e o+ t&e *oli%itor0eneral4 t&e Provin%ial Co22ander o+ t&e P&ilippine )ational Poli%e o+ t&e provin%e and t&e2,ni%ipal <,dge o+ t&e 2,ni%ipalit! #&erein t&e petitioner resides"

*e%tion" 1=" Hearing of the petition" )o petition s&all e &eard #it&in t&e t&irt! 8=D da!s

pre%eding an! ele%tion" T&e &earing s&all e p,li%4 and t&e *oli%itor0eneral4 eit&er &i2sel+ ort&ro,g& &is delegate or t&e provin%ial +is%al %on%erned4 s&all appear on e&al+ o+ t&e Rep,li% o+ t&eP&ilippines at all t&e pro%eedings and at t&e &earing" I+4 a+ter t&e &earing4 t&e %o,rt elieves4 invie# o+ t&e eviden%e taen4 t&at t&e petitioner &as all t&e ,ali+i%ations re,ired !4 and none o+ t&edis,ali+i%ations spe%i+ied in t&is A%t and &as %o2plied #it& all re,isites &erein estalis&ed4 it s&allorder t&e proper nat,rali5ation %erti+i%ate to e iss,ed and t&e registration o+ t&e said nat,rali5ation%erti+i%ate in t&e proper %ivil registr! as re,ired in se%tion ten o+ A%t ),2ered T&eree t&o,sandseven &,ndred +i+t!t&ree"

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*e%tion 11" ppeal " T&e +inal senten%e 2a!4 at t&e instan%e o+ eit&er o+ t&e parties4 eappealed to t&e *,pre2e Co,rt"

*e%tion 17" !ssuance of the Certificate of Naturalization" I+4 a+ter t&e lapse o+ t&irt! da!s+ro2 and a+ter t&e date on #&i%& t&e parties #ere noti+ied o+ t&e de%ision o+ t&e Co,rt4 no appeal &aseen +iled4 or i+4 ,pon appeal4 t&e de%ision o+ t&e %o,rt &as een %on+ir2ed ! t&e *,pre2e Co,rt4and t&e said de%ision &as e%o2e +inal4 t&e %ler o+ t&e %o,rt #&i%& &eard t&e petition s&all iss,e to

t&e petitioner a nat,rali5ation %erti+i%ate #&i%& s&all4 a2ong ot&er t&ings4 state t&e +ollo#ing- T&e+ile n,2er o+ t&e petition4 t&e n,2er o+ t&e nat,rali5ation %erti+i%ate4 t&e signat,re o+ t&e personnat,rali5ed a++i3ed in t&e presen%e o+ t&e %ler o+ t&e %o,rt4 t&e personal %ir%,2stan%es o+ t&e personnat,rali5ed4 t&e dates on #&i%& &is de%laration o+ intention and petition #ere +iled4 t&e date o+ t&ede%ision granting t&e petition4 and t&e na2e o+ t&e <,dge #&o rendered t&e de%ision" A p&otograp&o+ t&e petitioner #it& t&e dr! seal a++i3ed t&ereto o+ t&e %o,rt #&i%& granted t&e petition4 2,st ea++i3ed to t&e %erti+i%ate"

$e+ore t&e nat,rali5ation %erti+i%ate is iss,ed4 t&e petitioner s&all4 in open %o,rt4 tae t&e+ollo#ing oat&-

GI_________________________________4 sole2nl! s#ear t&at I reno,n%e asol,tel! and+orever all allegian%e and +idelit! to an! +oreign prin%e4 potentate4 state or sovereignt! andparti%,larl! to t&e ___________________________ o+ #&i%& at t&is ti2e I a2 a s,<e%t or %iti5enHt&at I #ill s,pport and de+end t&e Constit,tion o+ t&e P&ilippines and t&at I #ill oe! t&e la#s4 legalorders and de%rees pro2,lgated ! t&e d,l! %onstit,ted a,t&orities o+ t&e Rep,li% o+ t&eP&ilippines and t&at I i2pose t&is oligation ,pon 2!sel+ vol,ntaril! #it&o,t 2ental reservation orp,rpose o+ evasion"

*o &elp 2e 0od"G

a. /eclaration of intention filed !ith the S) one year before actual application.

b. >ilin0 of petition for naturalization !ith the &-C of the province in !hich the applicant is aresident for at least one year.

c. earin02 e8cept !ithin F days before an election. -he State is represented by the Solicitor )eneral or by the fiscal in his behalf. -!o !itnesses to testify on the character of the applicant are

presented.

d. /ecision. 'ppeal of the decision of the &-C may be made to SC2 pursuant to &' $F2amendin0 Sec. "< of the Judiciary 'ct of "#;=. 1Under BP "4#2 appeal is to the C'5.

e. /ecision becomes final but not e8ecutory2 thirty 1F5 days after notice of the decision is received by the parties. -he notice of the decision must be received by the S)7 copy furnished to thefiscal is not sufficient to start the runnin0 of the F%day period.

' favorable decision becomes e8ecutory only after 4 years from the finality of the decision. ,t shall become e8ecutory only after the period of 4 years durin0 !hich the petitioner shall continue to beunder probation2 as it !ere2 so the 0overnment can be doubly sure he is entitled to be naturalized asa citizen of the Philippines. 1&epublic 'ct $F2 Section "5

f. Summary hearin0 after t!o years2 !hich is really a continuation of the previous proceedin0s2 to prove that6

i5 e did not leave &P durin0 the 4%year period of probation7

ii5 e devoted himself to la!ful callin07iii5 e !as not convicted of any offense of violation of 0overnment rules.iv5 e did not commit an act pre?udicial to national interest or inimical to a 0overnment

announced policy.

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0. ath before the &-C.

h. ,ssuance of a Certificate of +aturalization issued by the Court. 1nly a certification is 0iven because the decision t!o years before has 0ranted him his citizenship.5

i. Cancellation of 'C& before the Commissioner of ,mmi0ration and /eportation.

D/erivative +aturalizationD 1Sec. "$5

G 333 An! #o2an #&o is no# or 2a! &erea+ter e 2arried to a %iti5en o+ t&e P&ilippines4and #&o 2ig&t &ersel+ e la#+,ll! nat,rali5ed4 s&all e dee2ed a %iti5en o+ t&e P&ilippines"G

+ote 6 ,n its latest pronouncement on this :uestion2 the SC held that the clause D!ho mi0ht herself be la!fully naturalizedD should be interpreted to mean only that the alien !oman must not belaborin0 under any of the dis:ualifications prescribed by la!. Moreover2 she can establish her claim to Philippine citizenship in administrative proceedin0s before the immi0ration authoritiesonly and !ill not have to file a ?udicial action for this purpose. She is no lon0er re:uired to prove

that she possesses the :ualifications for naturalization.

Ghen decision e8ecutory&epublic 'ct +o. $F2 sec. "

*e%" 1" T&e provisions o+ e3isting la#s not#it&standing4 no petition +or P&ilippine%iti5ens&ip s&all e &eard ! t&e %o,rts ,ntil a+ter si3 2ont&s +ro2 t&e p,li%ation o+ t&e appli%ationre,ired ! la#4 nor s&all an! de%ision granting t&e appli%ation e%o2e e3e%,tor! ,ntil a+ter t#o!ears +ro2 its pro2,lgation and a+ter t&e %o,rt4 on proper &earing4 #it& t&e attendan%e o+ t&e*oli%itor 0eneral or &is representative4 is satis+ied4 and so +inds4 t&at d,ring t&e intervening ti2e t&eappli%ant &as 1D not le+t t&e P&ilippines4 7D &as dedi%ated &i2sel+ %ontin,o,sl! to a la#+,l %allingor pro+ession4 8D &as not een %onvi%ted o+ an! o++ense or violation o+ 0overn2ent pro2,lgatedr,les4 :D or %o22itted an! a%t pre<,di%ial to t&e interest o+ t&e nation or %ontrar! to an!

0overn2ent anno,n%ed poli%ies"

*ffect on !ife and minor childrenCom. 'ct +o. ;<2 sec. "$.

*e%tion 1;" An! #o2an #&o is no# or 2a! &erea+ter e 2arried to a %iti5en o+ t&eP&ilippines4 and #&o 2ig&t &ersel+ e la#+,ll! nat,rali5ed s&all e dee2ed a %iti5en o+ t&eP&ilippines"

Minor %&ildren o+ persons nat,rali5ed ,nder t&is la# #&o &ave een orn in t&e P&ilippiness&all e %onsidered %iti5ens t&ereo+"

A +oreign orn 2inor %&ild4 i+ d#elling in t&e P&ilippines at t&e ti2e o+ t&e nat,rali5ation o+ t&e parent4 s&all a,to2ati%all! e%o2e a P&ilippine %iti5en and a +oreignorn 2inor %&ild4 #&o is

not in t&e P&ilippines at t&e ti2e t&e parent is nat,rali5ed4 s&all e dee2ed a P&ilippine %iti5en onl!d,ring &is 2inorit!4 ,nless &e egins to reside per2anentl! in t&e P&ilippines #&en still a 2inor4 in#&i%& %ase4 &e #ill %ontin,e to e a P&ilippine %iti5en even a+ter e%o2ing o+ age"

A %&ild orn o,tside o+ t&e P&ilippines a+ter t&e nat,rali5ation o+ &is parents4 s&all e%onsidered a P&ilippine %iti5en4 ,nless #it&in one !ear a+ter rea%&ing t&e age o+ 2a<orit!4 &e +ails toregister &i2sel+ as a P&ilippine %iti5en at t&e P&ilippine Cons,late o+ t&e %o,ntr! #&ere &e resides4and to tae t&e ne%essar! oat& o+ allegian%e"

*ffect of +aturalization on the Gife

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,f the !ife is 1i5 le0ally married to the naturalized husband2 and 1ii5 she does not suffer from any of the dis:ualifications in Sec. ;2 she is entitled to be declared a citizen as !ell. Ghat isre:uired is only an administrative proceedin0 before the C,/ for the cancellation of her 'C& on the0round that her husband has been recently naturalized.

'ccordin0 to Moya im Yao 1;" SC&' 4#45 rulin02 she need not prove the :ualifications2 but only that she is not dis:ualified. -he proceedin0s may even be !ith the /epartment of +atural&esources in relation to a 0rant of concession re:uirin0 citizenship2 !here the !ife proves that her husband has become a >ilipino.

*ffect of +aturalization on the Children

,. ,f the child is of a0e2 no effect.

,,. ,f the child is a minor6

'. ,f born in &P % automatically becomes a citizen upon the naturalization of the father.

B. ,f born abroad

". ,f before the naturalization of the father.

a. ,f residin0 in &P at the time of naturalization %%% automatically becomes acitizen.

b. ,f not residin0 in &P at the time of naturalization %%% considered citizen onlydurin0 his minority2 unless he ta9es permanent residence in &P before reachin0 ma?ority a0e. ,nother !ords2 he continues to be a >ilipino after reachin0 "= years old only if he decides to residehere permanently before reachin0 that a0e.

4. ,f after the naturalization of the father %%% Considered citizen on the condition that uponreachin0 the a0e of ma?ority2 he ta9es an oath of alle0iance in the Philippine consulate of the place!here he may be. ,f he fails to re0ister his intent to continue as >ilipino !ithin one 1"5 year uponreachin0 4" years2 he ceases to be a >ilipino citizen./enaturalizationCom. 'ct +o. ;<2 Sec. "=

*e%tion 1" Cancellation of naturalization certificate issued " Upon 2otion 2ade in t&eproper pro%eedings ! t&e *oli%itor 0eneral or &is representative4 or ! t&e proper provin%ial +is%al4t&e %o2petent <,dge 2a! %an%el t&e nat,rali5ation %erti+i%ate iss,ed and its registration in t&e CivilRegistr!-

aD I+ it is s&o#n t&at said nat,rali5ation %erti+i%ate #as otained +ra,d,lentl! or illegall!H

D I+ t&e person nat,rali5ed s&all4 #it&in t&e +ive !ears ne3t +ollo#ing t&e iss,an%e o+ saidnat,rali5ation %erti+i%ate4 ret,rn to &is native %o,ntr! or to so2e +oreign %o,ntr! and estalis& &isper2anent residen%e t&ere- Provided4 t&at t&e +a%t o+ t&e person nat,rali5ed re2aining +or 2oret&an one !ear in &is native %o,ntr! or t&e %o,ntr! o+ &is +or2er nationalit!4 or t#o !ears in an! ot&er+oreign %o,ntr!4 s&all e %onsidered as prima facie eviden%e o+ &is intention o+ taing ,p per2anentresiden%e in t&e sa2eH

%D I+ t&e petition #as 2ade on an invalid de%laration o+ intentionHdD I+ it is s&o#n t&at t&e 2inor %&ildren o+ t&e person nat,rali5ed +ailed to grad,ate +ro2 a

p,li% or private &ig& s%&ools re%ogni5ed ! t&e $,rea, o+ Private *%&ools o+ t&e P&ilippines4 #&ereP&ilippine &istor!4 govern2ent and %ivi%s are ta,g&t as part o+ t&e s%&ool %,rri%,l,2 t&ro,g& t&e

P')* ;F




+a,lt o+ t&eir parents eit&er ! negle%ting to s,pport t&e2 or ! trans+erring t&e2 to anot&er s%&oolor s%&ools" A %erti+ied %op! o+ t&e de%ree %an%elling t&e nat,rali5ation %erti+i%ate s&all e +or#arded! t&e %ler o+ t&e Co,rt to t&e O++i%e o+ t&e President and t&e *oli%itor0eneralH

+ot !hen they dropped out because of scholastic performance

eD I+ it is s&o#n t&at t&e nat,rali5ed %iti5en &as allo#ed &i2sel+ to e ,sed as a d,22! inviolation o+ t&e Constit,tional or legal provision re,iring P&ilippine %iti5ens&ip4 as a re,isite +ort&e e3er%ise4 ,se or en<o!2ent o+ a rig&t4 +ran%&ise or privilege"

Procedure6

>iled by the Solicitor )eneral before the same &-C that 0ranted his naturalization2re0ardless of !here he may be residin0 at that time.

B'&+)'Y C'S*6

&epublic vs. i Yao 14"; SC&' <;=5

>6 >ifteen 1"$5 years after i Yao !as conferred !ith >ilipino citizenship by naturalization2 the&epublic sou0ht the cancellation thereof on the 0rounds of6 "5 not bein0 of 0ood moral character byhavin0 amorous relations !ith !omen7 45 not havin0 conducted himself in an irreproachable manner indealin0 !ith the duly constituted authorities by usin0 names other than that author ized2 by resortin0 to ta8evasion and violatin0 the 'nti%/ummy a!. -he trial court relyin0 solely on the 0round of evasion of the payment of la!ful ta8es by underdeclaration of income as reflected in his income ta8 return for "#;3%$"2cancelled his naturalization. ence this appeal.

,SSU*6 G@n the cancellation of i YaoEs naturalization !as valid.&U,+)6 Yes. ' certificate of naturalization may be cancelled if it is subse:uently discovered thatthe applicant obtained it by misleadin0 the court upon any material fact. a! and ?urisprudence

even authorize the cancellation of a certificate of naturalization upon 0rounds or conditions !hicharise subse:uent to the 0rantin0 of the certificate of naturalization. Moreover2 a naturalization proceedin0 is not a ?udicial adversary proceedin02 the decision rendered therein not constitutin0 res 5udicata as to any matter that !ould support a ?ud0ement cancellin0 a certificate of naturalizationon the 0round of ille0al or fraudulent procurement thereof.

-he concealment of applicantEs income to evade payment of la!ful ta8es sho!s that hismoral character is not irreproachable2 thus dis:ualifyin0 him for naturalization.

' ta8 amnesty only relieves him from any civil2 criminal or administrative liability insofar as his ta8 case is concerned. ,t does not have the effect of obliteratin0 his lac9 of 0ood moralcharacter and irreproachable conduct !hich are 0rounds for denaturalization. MRM"

8" Loss and Rea%,isition o+ Citi5ens&ip

Arti%le IV4 *e%" 8" P&ilippine %iti5ens&ip 2a! e lost or rea%,ired in t&e 2annerprovided ! la#" 1referrin0 to C' 3.5

Arti%le IV4 *e%" :" Citi5ens o+ t&e P&ilippines #&o 2arr! aliens s&all retain t&eir%iti5ens&ip4 ,nless ! t&eir a%t or o2ission t&e! are dee2ed4 ,nder t&e la# CA 68D to &avereno,n%ed it"

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Co222on#ealt& A%t 68 *e%tion 1" .o# %iti5ens&ip 2a! e lost" A (ilipino %iti5en 2a! lose &is %iti5ens&ip in an! o+ t&e+ollo#ing #a!s andor events-

1D $! nat,rali5ation in a +oreign %o,ntr!H7D $! e3press ren,n%iation o+ %iti5ens&ip or e3patriationH8D $! s,s%riing to an oat& o+ allegian%e to s,pport t&e Constit,tion or la#s o+ a +oreign

%o,ntr! ,pon rea%&ing t&e age o+ 2a<orit!H Provided4 &o#ever4 T&at a (ilipino 2a! not divest&i2sel+ o+ P&ilippine %iti5ens&ip in an! 2anner #&ile t&e P&ilippines is at #ar #it& an! %o,ntr!H

:D $! rendering servi%e to or a%%epting %o22ission in t&e ar2ed +or%es o+ a +oreign%o,ntr!- Provided4 T&at t&e rendering o+ servi%e to4 or t&e a%%eptan%e o+ s,%& %o22ission in4 t&ear2ed +or%es o+ a +oreign %o,ntr!4 and t&e taing o+ an oat& o+ allegian%e in%ident t&ereto4 #it& t&e%onsent o+ t&e P&ilippines4 s&all not divest a (ilipino o+ &is P&ilippine %iti5ens&ip i+ eit&er o+ t&e ++"%ir%,2stan%es is present-

aD T&e P&ilippines &as a de+ensive andor o++ensive pa%t o+ allian%e #it&t&e said +oreign %o,ntr!H or

D T&e said +oreign %o,ntr! 2aintains ar2ed +or%es in t&e P&ilippineterritor! #it& t&e %onsent o+ t&e P&ilippinesH Provided t&at t&e (ilipino %iti5en%on%erned4 at t&e ti2e o+ rendering said servi%e or a%%eptan%e o+ said %o22ission4and taing t&e oat& o+ allegian%e in%ident t&ereto4 states t&at &e does so onl! in%onne%tion #it& &is servi%e to said +oreign %o,ntr!- And provided +inall!4 T&at an!(ilipino %iti5en #&o is rendering servi%e to4 or is %o22issioned in4 t&e ar2ed +or%eso+ a +oreign %o,ntr! ,nder an! o+ t&e %ir%,2stan%es 2entioned in paragrap& aD orD s&all not e per2itted to parti%ipate nor vote in an! ele%tion o+ t&e P&ilippinesd,ring t&e period o+ &is servi%e to4 or %o22ission in4 t&e ar2ed +or%es o+ said+oreign %o,ntr!" Upon &is dis%&arge +ro2 t&e servi%e o+ t&e said +oreign %o,ntr!4 &es&all e a,to2ati%all! entitled to t&e +,ll en<o!2ent o+ &is %ivil and politi%al rig&tsas a (ilipino %iti5enH

;D $! %an%ellation o+ t&e %erti+i%ate o+ nat,rali5ationH6D $! &aving een de%lared ! %o2petent a,t&orit!4 a deserter o+ t&e P&ilippine ar2ed

+or%es in ti2e o+ #ar4 ,nless s,se,entl!4 a plenar! pardon or a2nest! &as een granted H?D In %ase o+ a #o2an4 ,pon &er 2arriage4 to a +oreigner i+4 ! virt,e o+ t&e la#s in +or%e in

&er &,sandKs %o,ntr!4 s&e a%,ires &is nationalit!" T&is is no# ,ali+ied ! Art" IV4 *e%" :"Citi5ens o+ t&e P&ilippines #&o 2arr! aliens s&all retain t&eir %iti5ens&ip4 ,nless ! t&eir a%t oro2ission t&e! are dee2ed4 ,nder t&e la#4 to &ave reno,n%ed it"J

T&e provisions o+ t&is se%tion not#it&standing4 t&e a%,isition o+ %iti5ens&ip ! a nat,ralorn (ilipino %iti5en +ro2 one o+ t&e Ierian and an! +riendl! de2o%rati% IeroA2eri%an %o,ntriesor +ro2 t&e United /ingdo2 s&all not prod,%e loss or +or+eit,re o+ &is P&ilippine %iti5ens&ip i+ t&ela# o+ t&at %o,ntr! grants t&e sa2e privilege to its %iti5ens and s,%& &ad een agreed ,pon ! treat!et#een t&e P&ilippines and t&e +oreign %o,ntr! +ro2 #&i%& %iti5ens&ip is a%,ired"

a" Loss o+ Citi5ens&ip

)rounds6

1"5 +aturalization in a forei0n country LC' 32 Sec. "1"5

>rivaldo v CM**C 1"<; SC&' 4;$5 1"#=#5

>6 >rivaldo !as elected as 0overnor of Sorso0on. -he ea0ue of Municipalities filed a petition for the annulment of >rivaldoEs election and proclamation on the 0round that he !as not a >ilipino citizen2havin0 been naturalized in the US in "#=. e admitted such but raised as a defense that he did so to protect himself from Marcos and that his naturalization as an 'merican citizen !as not impressed !ith

P')* ;4




voluntariness but !as obtained only for reasons of convenience. -he ea0ue ar0ued that since >rivaldo!as a naturalized 'merican citizen and had not reac:uired Philippine citizenship on the day of theelection2 he !as not :ualified to run for 0overnor. >rivaldo countered that his oath in his certificate of candidacy that he !as a natural born citizen should be a sufficient act of repatriation. 'dditionally2 hisactive participation in the "#=< elections had divested him of his US citizenship under the la!s of the US.

*/6 >rivaldo claims he has reac:uired Philippine citizenship by virtue of a valid repatriation.e claims that by actively participatin0 in the elections2 he automatically forfeited 'mericancitizenship under US la!s. Such la!s do not concern us. Such forfeiture is bet!een him and theUS as his adopted country. ,t should be obvious that even if he did lose his naturalized 'mericancitizenship2 such forfeiture did not and could not have the effect of automatically restorin0 hiscitizenship in the Philippines that he had earlier renounced. 't best2 !hat mi0ht have happened asa result of the loss of his naturalized citizenship !as that he became a stateless individual.

)ere filing of certificate of candidac" is not a sufficient act of repatriation. !epatriationre1uires an e-press and e1uivocal act . >rivaldoEs claim that he could not have repatriated himself under , 4<F bec. the Special Committee provided for therein had not yet been constituted seemsto su00est that the lac9 of that body rendered his repatriation unnecessary. -hat is far%fetched if not specious. Such a conclusion !ould open the flood0ates2 as it !ere. ,t !ould allo! all >ilipinos!ho have renounced this country to claim bac9 their abandoned citizenship !@o formally re?ectin0

their adopted state and reaffirmin0 their alle0iance to the Phils. ,t does not appear that >rivaldohas ta9en these cate0orical acts. e contends that by simply filin0 his certificate of candidacy hehad2 !@o more2 already effectively recovered Phil. citizenship. But that is hardly the formaldeclaration the la! envisions%%surely2 Phil. citizenship previously diso!ned is not that cheaplyrecovered. ,f the Special Committee had not yet been convened2 !hat it meant simply !as that the petitioner had to !ait until this !as done2 or see9 naturalization by le0islative or ?udicial proceedin0s. Adapted"

abo vs CM**C 1"<3 SC&' "5

>6 &amon abo2 Jr. married an 'ustralian citizen in the Phils. e !as 0ranted 'ustraliancitizenship . e too9 an oath of alle0iance renouncin0 all other alle0iance2 etc. -hou0h the marria0e !asdeclared void for bein0 bi0amous2 abo !as2 accordin0 to the records still an 'ustralian citizen. ,n the"#== local elections2 abo ran for mayor of Ba0uio. is >ilipino citizenship !as :uestioned on the 0roundthat he had ac:uired 'ustralian citizenship throu0h his marria0e to an 'ustralian citizen and his ta9in0an oath of alle0iance to 'ustralia !here he renounced all other alle0iance to other countries. aboclaimed that 1"5 his marria0e did not automatically divest him of his >ilipino citizenship and that 145 hisnaturalization in 'ustralia made him at !orst only a dual national and did not divest him of his Philippinecitizenship.

*/6 aboEs first contention is irrelevant. e became an 'ustralian citizen by virtue of naturalization and not by marria0e.

-he second ar0ument is specious !@c cannot stand a0ainst the clear provisions of C' +o.32 !@c enumerates the modes by !@c Phil. citizenship may be lost2 and amon0 them are 1"5naturalization in a forei0n country7 145 e8press renunciation of citizenship7 and 15 subscribin0 to

an oath of alle0iance to support the Consti. or la!s of a forei0n country2 all of !@c are applicable to petitioner. Under 'rticle ,V2 Section $2 Ddual alle0iance of citizen is inimical to the national interestand shall be dealt !ith by la!.D

888 *ven if it be assumed that2 as petitioner asserts2 his naturalization !as annulled after it!as found that his marria0e !as bi0amous2 that circumstance alone did not automatically restorehis Phil. citizenship. is divestiture of 'ustralian citizenship does not concern us here. -hat is amatter bet!een him and his adopted country. Ghat !e must consider is the fact that he voluntarilyand freely re?ected Phil. citizenship and !illin0ly and 9no!in0ly embraced the citizenship of

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another country. -he possibility that he may have been subse:uently re?ected by 'ustralia does notmean that he has been automatically reinstated as a Phil. citizen

Phil. citizenship may be reac:uired by direct act of con0ress2 by naturalization or byrepatriation. ,t does not appear that petitioner has reac:uired Phil. citizenship by any of thesemethods. Adapted"

abo v. CM**C 14"" SC&' 4#<2 July "##45

>6 abo ran for mayor of Ba0uio in the May ""2 "##4 elections. is opponent2 rte0a2 :uestionedhis citizenship before the Comelec2 relyin0 on abo v. Comelec 1"<# SC&' "2 "#=#5 !hich declared abonot a citizen of the Philippines.

*/6 ". abo2 not bein0 a >ilipino citizen2 lac9s the fundamental :ualification for the contestedoffice. Philippine citizenship is an indispensable re:uirement for holdin0 an elective office. -he factthat he !as elected by the ma?ority of the electorate is of no moment.

's held in >ivaldo vs. CM**C2

D888 -he !ill of the people as e8pressed throu0h the ballot cannot cure the viceof ineli0ibility2 especially if they mista9enly believed2 as in this case2 that the candidate!as :ualified. 888 D

888 Petitioner claims that he has reac:uired his >ilipino citizenship by citin0 hisapplication for reac:uisition of Phil. citizenship filed before the ffice of the Sol%)en. pursuant toP/ <4$ and , 4<F. -o date2 ho!ever2 the Special Committee on +aturalization had not yetacted upon said application. ,n the absence of any official action or approval by proper authorities2a mere application for repatriation does not2 and cannot2 amount to an automatic reac:uistion of the applicantEs Phil. citizenship.

4. -he dis:ualification of abo does not necessarily entitle rte0a as the candidate !ith the ne8thi0hest number of votes to proclamation as mayor. -he ineli0ibility of a candidate receivin0 ma?ority votedoes not entitle the eli0ible candidate receivin0 the ne8t hi0hest number of votes to be declared elected.

. -he rule !ould have been different if the electorate fully a!are in fact A in la! of a candidateEsdis:ualification so as to brin0 such a!areness !ithin the realm of notoriety !ould nonetheless cast their votes in favor of the ineli0ible candidate. ,n such case2 the electorate may be said to have !aived thevalidity and efficacy of their votes by notoriously misapplyin0 their franchise or thro!in0 a!ay their votes2in !hich case2 the eli0ible candidate obtainin0 the ne8t hi0her number of votes may be deemed elected.

Adapted"

145 *8press renunciation or *8patriation LC' 32 Sec "145

-his overrules a! v )overnment2 !here the SC held that renunciation could be implied.

*8patriation is a constitutional ri0ht 1)o )ullian v )overnment5. +o one can becompelled to remain a >ilipino if he does not !ant to.

Yu v /efensor%Santia0o 1"3# SC&' 3;5

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>6 Yu !as issued a Portu0uese passport in "#<"2 valid for five years and rene!ed for the same period upon presentment before the proper Portu0uese consular officer. /espite his naturalization as aPhilippine citizen in "#<=2 he applied for and !as issued a Portu0uese passport in "#=". Ghile still acitizen of the Philippines !ho had renounced2 upon his naturalization2 Dabsolutely and forever allalle0iance and fidelity to any forei0n prince2 potentate2 state or soverei0ntyD and pled0ed to Dmaintain truefaith and alle0iance to the Philippines2D he declared his nationality as Portu0uese in commercialdocuments he si0ned.

*/6 -he fore0oin0 acts considered to0ether constitute an e8press renunciation of petitionerEsPhilippine citizenship ac:uired throu0h naturalization. ,n Board of ,mmi0ration Commissioner vs)o )allano2 e8press renunciation !as held to mean a renunciation that is made 9no!n distinctlyand e8plicitly and not left to inference or implication. Yu2 !ith full 9no!led0e and le0al capacity2after havin0 renounced Portu0uese citizenship upon naturalization as a Philippine citizen resumedor reac:uired his prior status as a Portu0uese citizen2 applied for a rene!al of his Portu0uese passport and represented himself as such in official documents even after he had become anaturalized Philippine citizen. Such resumption or reac:uisition of Portu0uese citizenship is0rossly inconsistent !ith his maintenance of Philippine citizenship.

0issenting> -he mere use of a forei0n passport is not ipso facto e8press renunciation of >ilipino

citizenship. Ghatever may be the reasons for doin0 so2 it must be ascertained in a court of la!!here a full trial is conducted instead of an administrative determination of a most summary nature1as in this case5. Adapted"

'znar v smena2 CM**C2 "=$ SC&' <F 1May "##F5

>6 *melito smena ran for )overnor of Cebu in the Jan. "=2 "#== elections. 'znar as CebuChairman of /P%aban filed !ith CM**C a petition for the dis:ualification of smena on the0round that he is alle0edly not a >ilipino citizen2 bein0 a US citizen2 as evidenced by smenaEsapplication for alien2 his alien certificate of re0istration2 permit to re%enter the Phils2 immi0rationcertificate of clearance etc. smena on the other hand maintained that he is a >il citizen2 alle0in0 that heis the le0itimate child of /r. *milio smena2 that he is a holder of a valid Phil passport2 that he has been

continuously residin0 in the Phils since birth A has not 0one out of the country for more than 3 monthsand that he has been a re0istered voter in the Phils since "#3$. -he Comelec decided for smena.

*/6 ". ,n the proceedin0s before the CM**C2 the pet failed to present direct proof that private resp had lost his >ilipino citizenship by any of the modes provided for under C' N3.'mon0 others2 these are6 1"5 by naturalization in a forei0n country7 145 by e8press renunciation of citizenship7 15 by subscribin0 to an oath of alle0iance to support the Constitution or la!s of aforei0n country. >rom the evidence2 it is clear that private respondent smena did not lose his Philcitizenship by any of the mentioned hereinabove or by any other mode of losin0 Phil citizenship.

4. By virtue of his bein0 the son of a >ilipino father2 the presumption that private resp is a>ilipino remains. ,t !as incumbent upon the petitioner to prove that priv resp had lost his Philcitizenship. Pet 'znar failed to positively establish this fact. smena remains a >ilipino A the loss

of his Phil citizenship cannot be presumed.

. Considerin0 the fact that admittedly smena !as both a >ilipino A an 'merican2 themere fact that he has a Certificate statin0 he is an 'merican does not mean that he is not still a>ilipino. ,n the case of smena2 the Certification that he is an 'merican does not mean that he isnot S-, a >ilipino2 possessed as he is2 of both nationalities or citizenship. -here is no e8pressrenunciation here of Phil citizenship. -here is even no implied renunciation of said citizenship.Ghen !e consider that the renunciation needed to lose Phil citizenship must be *HP&*SS2 it

P')* ;$




stands to reason that there can be no such loss of Phil citizenship G*+ -*&* ,S +&*+U+C,'-,+2 *,-*& *HP&*SS & ,MP,*/.

;. -he statement in the "#=< constitution that Ddual alle0iance of citizens is inimical to thenational interest A shall be dealt !ith by la!D has no retroactive effect. Adapted"

15 -a9in0 an oath of alle0iance to another country upon reachin0 the a0e of ma?ority.

1;5 'cceptin0 a commission and servin0 in the armed forces of another country2 unlessthere is an offensive or defensive pact !ith the country2 or its maintains armed forces in &P !ith&PEs consent.

1$5 /enaturalization.

135 Bein0 found by final ?ud0ment to be a deserter of the '>P.

1<5 Marria0e by a >ilipino !oman to an alien2 if by the la!s of her husbandEs country2she becomes a citizen thereof.

-his is deemed repealed by the "#< and "#=< Constitutions2 !hich mandate that >ilipinocitizens !ho marry aliens shall retain their citizenship2 unless by their DactD or DomissionD2 they aredeemed under the la! to have renounced it. 't present2 the la! 1C' 32 Sec. " par. <5 only provides for e8press renunciation 1i.e.2 act52 and so there is no la! at the moment on Drenunciation by omission.D But Con0ress may provide for such later.

But Sec. 4 of the "#< Consti. 1carried over as Sec. ; of the "#=< Consti.5 only has a prospective application. -hus2 C' 3 continues for marria0es celebrated before "< January "#<.,f a >ilipino married a )ree9 in "#<4 and became a )ree9 citizen herself thereby2 then she lost her >ilipino citizenship. 's to her children2 ho!ever2 it is enou0h that she !as a >ilipina at the time of marria0e to :ualify them to elect Philippine citizenship !hen they reached the a0e of ma?ority

1Villahermosa rulin05. But if the children !ere born after "#<2 then under the "#=< Constitution2those children are no! even natural%born.

But if2 in "#3"2 a >ilipino !oman married an alien !hose country did not ma9e her anautomatic citizen2 and so in order to ac:uire his citizenship2 she applied for naturalization2 andafter her naturalization she be0ot C2 C could no lon0er elect Philippine citizenship. -he rulin0 inCu and Villahermosa applies only to mothers !ho lost their citizenship by operation of la! and not by their o!n voluntary acts.

,f C !as born after the application but before the approval of the naturalization of hismother2 he could still elect Philippine citizenship.

But for similar marria0es celebrated after "< January "#<2 the mere fact of marria0ealone does not strip the >ilipino !oman of her Philippine citizenship. -hus2 if a >ilipina marries analien in "#<;2 even if she 0ains her husbandEs citizenship2 lives abroad2 does not pay her ta8es2never returns to &P2 she is still a >ilipina under the "#< and "#=< Constitutions2 so lon0 as shedoes not cate0orically renounce her citizenship. ,t follo!s that her children are natural%born citi%zens2 bein0 the children of >ilipino mothers2 and this time !ithout the need of election.

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*8patriation is a constitutional ri0ht 1)o )ullian v )overnment5. +o one can be compelled toremain a >ilipino if he does not !ant to.

*8ception6Com. 'ct. +o. 32 Sec. "15.

333 AJ (ilipino 2a! not divest &i2sel+ o+ P&ilippine %iti5ens&ip in an! 2anner #&ile t&eRep,li% o+ t&e P&ilippines is at #ar #it& an! %o,ntr!"

People vs. Manayao2 <; Phil. <4" 1"#;<5

>6 Manayao !as one of the )akapilis !ho too9 part in the 9illin0 of the residents in barrioBanaban2 municipality of 'n0at2 Bulacan. 'fter the liberation2 he2 amon0 others2 !as char0ed !@ treasonand !@ multiple murder in the PeopleEs court. ,n his defense2 he ar0ues2 amon0 others2 he has lost hisPhilippine citizenship and !as therefore not amenable to the Phil. la! on treason.

*/6 'ppellantEs contention is repu0nant to the most fundamental and elementary principles0overnin0 the duties of a citizen to!ard his country under the Consti. -he defense of the State is a

prime duty of 0overnment and in the fulfillment of this duty all citizens may be re:uired by la! torender personal2 military or civil service. /urin0 a period of stress2 under a Consti enshrinin0 suchtenets2 the citizen cannot be considered free to cast off his loyalty and obli0ations to!ard his>atherland.

,t !ould shoc9 the conscience of any enli0htened citizenry to say that this appellant2 by thevery fact of committin0 the treasonous acts char0ed a0ainst him2 divested himself of his Phil.citizenship and thereby placed himself beyond the arm of our treason la!. >or if this !ere so2 hisvery crime !ould be the shield that !ould protect him from punishment. VV"

Art" >I4 *e%" 1" P,li% o++i%ers and e2plo!ees o#e t&e *tate and t&is Constit,tionallegian%e at all ti2es4 and an! p,li% o++i%er or e2plo!ee #&o sees to %&ange &is %iti5ens&ipor a%,ire t&e stat,s o+ an i22igrant o+ anot&er %o,ntr! d,ring &is ten,re s&all e dealt #it&! la#"

B'&+)'Y C'S*6

Caasi vs. Court of 'ppeals 1"#" SC&' 44#5

>6 -hese 4 cases !ere consolidated bec. they have the same ob?ective6 the dis:ualification under Sec. 3= of the mnibus *lection Code of the private resp.2 Merito Mi0uel2 for the position of municipalmayor of Bolinao2 Pan0asinan2 to !@c he !as elected in the local elections of "@"=@==2 on the 0round thathe is a 0reen card holder2 hence2 a permanent resident of the US2 not of Bolinao.

*/6 /espite his vi0orous disclaimer2 Mi0uelEs immi0ration to the US in "#=; constituted anabandonment of his domicile and residence in the Phils. >or he did not 0o to the US merely to visithis children or his doctor there7 he entered the US !@ the intention to live there permanently asevidenced by his application for an immi0rantEs 1not a visitorEs or touristEs5 visa. Based on hisapplication2 he !as issued by the US )ovt the re:uisite 0reen card or authority to reside there permanently.

888 -o be D:ualified to run for elective officeD in the Phils.2 the la! 1Sec. 3= of themnibus *lection Code5 re:uires that the candidate !ho is a 0reen card holder must have D!aivedhis status as a permanent resident or immi0rant of a forei0n country.D -herefore2 his act of filin0 a

P')* ;<




certificate of candidacy for elective office in the Phils.2 did not of itself constitute a !aiver of hisstatus as a permanent resident or immi0rant of the US. -he !aiver of his 0reen card should bemanifested by some act of acts independent of and done prior to filin0 his candidacy for electiveoffice in this country. Githout such prior !aiver2 he !as Ddis:ualified to run for any electiveoffice.D

&esidence in the municipality !here he intends to run for elective office for at least " year

at the time of the filin0 of his cert. of candidacy2 is one of the :ualifications that a candidate for elective public office must possess. Mi0uel did no possess that :ualification bec. he !as a permanent resident of the US and he resided in Bolinao for a period of only mos. after his returnto the Phils. in +ov. "#=<. RAM"

" Rea%,isition o+ Citi5ens&ip

Secs. 4% $2 Common!ealth 'ct 3

*e%" 7" Ho" citizenship ma# be reacquired " Citi5ens&ip 2a! e rea%,ired-1D $! nat,rali5ation- Pro$ided 4 T&at t&e appli%ant possess none o+ t&e dis,ali+i%ations

pres%ried in se%tion t#o o+ A%t ),2ered T#ent!nine &,ndred t#ent!seven no# *e%" : o+ CA

:?8"D7D $! repatriation o+ deserters o+ t&e Ar2!4 )av! or Air Corp- Pro$ided 4 T&at a #o2an

#&o lost &er %iti5ens&ip ! reason o+ &er 2arriage to an alien 2a! e repatriated in a%%ordan%e #it&t&e provisions o+ t&is A%t a+ter t&e ter2ination o+ t&e 2arital stat,sH and

8D $! dire%t a%t o+ t&e )ational Asse2l! no# Congress"D

*e%" 8" Procedure incident to reacquisition of Philippine citizenship" T&e pro%ed,repres%ried +or nat,rali5ation ,nder A%t ),2ered T#ent!nine &,ndred t#ent!seven no# CA :?8Ds&all appl! to t&e rea%,isition o+ P&ilippine %iti5ens&ip ! nat,rali5ation provided +or in t&e ne3tpre%eding se%tion- Pro$ided 4 T&at t&e ,ali+i%ations and spe%ial ,ali+i%ations pres%ried in se%tions8 and : o+ said A%t s&all not e re,ired- nd Pro$ided% further%

1D T&at t&e appli%ant e at least t#ent!one !ears o+ age and s&all &ave resided in t&eP&ilippines at least si3 2ont&s e+ore &e applies +or nat,rali5ationH

7D T&at &e s&all &ave %ond,%ted &i2sel+ in a proper and irreproa%&ale 2anner d,ring t&e

entire period o+ &is residen%e in t&e P&ilippines4 in &is relations #it& t&e %onstit,ted govern2ent as#ell as #it& t&e %o22,nit! in #&i%& &e is livingH and

8D T&at &e s,s%ries to an oat& de%laring &is intention to reno,n%e asol,tel! andperpet,all! all +ait& and allegian%e to t&e +oreign a,t&orit!4 state or sovereignt! o+ #&i%& &e #as a%iti5en or s,<e%t"

*e%" :" Repatriation s&all e e++e%ted ! 2erel! taing t&e ne%essar! oat& o+ allegian%e tot&e Rep,li% o+ t&e P&ilippines and registration in t&e proper %ivil registr!"

*e%" ;" T&e *e%retar! o+ B,sti%e s&all iss,e t&e ne%essar! reg,lations +or t&e properen+or%e2ent o+ t&is A%t" )at,rali5ation lans and ot&er lans re,ired +or %arr!ing o,t t&eprovisions o+ t&is A%t s&all e prepared and +,rnis&ed ! t&e *oli%itor 0eneral4 s,<e%t to approval o+ t&e *e%retar! o+ B,sti%e"

333

1"5 +aturalization 1C' 3 and C' ;<5

But this is no! an abbreviated process2 !ith no need to !ait for three years 1one year for declaration of intent2 and t!o years for the ?ud0ment to become e8ecutory5. 'n applicant mustonly possess the follo!in06

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a. 4" years of a0e7 b. &esident for 3 months7c. )ood moral character7d. +o dis:ualification.

145 &epatriation

1i5 Goman !ho by her marria0e lost her citizenship.1-his is no lon0er true under the "#< and "#=< Constitutions2 if the loss !as due only tomarria0e.5

,n People v 'ven0oza2 ""# SC&' ""# 1"#=452 it !as held that a !oman !ho lost her citizenship by reason of her marria0e to a Chinese husband and her 0ainin0 his citizenship2 mustfirst ?udicially2 prove that she !as >ilipino citizen prior to the marria0e2 before she can berepatriated by virtue of the death of her husband.

,n Jao v &epublic2 "4" SC&' $= 1"#=52 it !as held that althou0h her citizenship prior toher marria0e to a Chinese husband needed ?udicial confirmation2 the process of repatriation itself 1i.e.2 of reac:uirin0 that citizenship5 involves a purely administrative proceedin0.

-hus6 >ilipino citizenship prior to its loss by virtue of marria0e to an alien and 0ainin0 hiscitizenship needs ?udicial declaration. But re% ac:uisition of such citizenship by repatriation is a purely administrative procedure.

People v. 'ven0oza2 ""# SC&' ""# 1"#=45

>6 )o Cham2 a Chinese2 his !ife 'nselma 'ven0oza2 and the latterEs mother2 )avina '.2 !ereaccused of violation of C' "F=. ,t !as char0ed that )o )am and 'nselma '. used )avina '. as dummyin order to ac:uire lands in Camarines Sur !@c the couple !ere not :ualified to ac:uire under the "#$Consti. Pendin0 trial2 )avina '. and )o Cham died. n her motion the trial court allo!ed 'nselma '.

to !ithdra! her previous plea of not 0uilty and to file a motion to :uash !@c the court later 0ranted. -hetrial court ruled that 'nselma had reac:uired her >ilipino citizenship upon the death of her husband2 )oCham2 and upon complyin0 !@ C' 32 sec. ; by ta9in0 an oath of alle0iance to the &epublic and filin0 theoath !@ the Civil &e0istrar. -he prosecution appealed.

*/6 /ef. 'ven0ozaEs sole evidence on record to support her repatriation is her oath of alle0iance to the &epublic. /ef. 'ven0oza became an alien by reason of her la!ful marria0e to aChinese citizen7 ho!ever this does not necessarily mean that she !as a >ilipino citizen previous tosuch marria0e. -hus2 she should first prove her citizenship previous to her marria0e and as there isno conclusive proof of this matter on record2 this :uestion must be ?udicially determined before shecan be le0ally repatriated. VV"

Jao v. &epublic2 "4" SC&' $= 1"#=5

>6 Petitioner filed in the C>,%/avao a petition for repatriation. She claimed that !hile her father !as a Chinese and her mother a >ilipinio2 her parents !ere not le0ally married2 and that althou0h she losther Phil. citizenship !hen she married a Chinese national2 her husband died on #@3@34. 'fter trial2 thecourt declared the petitioner ?udicially repatriated. -he 0ovt appealed.

*/6 -he proceedin0s ta9en in the trial court are a complete nullity. -here is no la! re:uirin0or authorizin0 that repatriation should be effected by a ?udicial proceedin0. 'll that is re:uired for

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a female citizen of the Phils. !ho lost her citizenship to an alien to reac:uire her Phil. citizenshipupon the termination of her marital status Dis for her to ta9e the necessary oath of alle0iance to the&epublic of the Phils. and to re0ister the said oath in the proper civil re0istry.D Moreover2 the petitionerEs claim of Phil. citizenship prior to her marria0e for bein0 alle0edly an ille0itimate childof a Chinese father and a >ilipino mother may not be established in an action !here the other or her heirs are not parties. ,t is consistent rule that Phil. citizenship may not be declared in a non%

adversary suit !here the persons !hose ri0hts are affected by such declaration are not parties2 suchas an action for declaratory relief or a petition for ?udicial repatriation as an alien. VV"

1ii5 -hose declared by authorities to be deserters of the 'rmed >orces. 1nly this isapplicable to the present.5

15 e0islative 'ct

Ghich is both a mode of ac:uirin0 and reac:uirin0 citizenship.

B'&+)'Y C'S*6

&epublic vs. /ela &osa2 44 SC&' <=$

>6 -hree 15 petitions involvin0 the same issues and parties !ere consolidated. Said cases:uestioned the readmission of Juan >rivaldo as a >ilipino citizen under C' 3 or the &evised +aturalization a! as amended by C' ;<. >rivaldo became a US citizen alle0edly due to the pressurefrom the Marcos re0ime. e came bac9 here2 ran for )overnor of Sorso0on and !on.

&U,+)6 /,SU',>,*/. >rivaldo must vacate his office and surrender the same to the Vice%)overnor.

' former citizen !ho opts to reac:uire Phil. citizenship throu0h naturalization under C'3 is duty bound to follo! the procedure prescribed by said la!2 and it is not for him to decide and

select the re:uirements !hich he believes are inconvenient. -he law does not distinguish betweenan applicant who was formerl" a 4ilipino citizen and one who was never a citizen.1Barlon0ay6 -his statement is inaccurate because there are indeed differences.5

>ailure to comply !ith the publication and postin0 re:uirements under the la! renderednull and void the proceedin0s conducted2 the decision rendered and the oath of alle0iance ta9en.-he -C never ac:uired ?urisdiction to hear the petition for naturalization of >rivaldo. Under thela!2 both the petition for naturalization and the order settin0 it for hearin0 must be published oncea !ee9 for three consecutive !ee9s in the ) or in a ne!spaper of 0eneral circulation. Moreover2the publication and the postin0 must be in its full te8t for the Court to ac:uire ?urisdiction.

-he petition for naturalization lac9s several alle0ations under Secs. 4 and 3 of the la!6 1"5that petitioner is of 0ood moral character7 145 he resided continuously in the Phil. for at least tenyears7 15 that he is able to spea9 and !rite *n0lish and any one of the principal dialects7 1;5 he

!ill reside continuously in the Phil. from date of filin0 of petition until his admission to Philcitizenship7 1$5 that he has filed a declaration of intention or if he is e8cused from said filin02 the ?ustification therefor. -he absence of such alle0ations is fatal to the petition.

' decision in a petition for naturalization becomes final only after F days from promul0ation2 counted from the date of receipt by the Sol. )en. of his copy of the decision. Sec. "of &' $F provides that no decision 0rantin0 citizenship in naturalization proceedin0s shall bee8ecutory until after 4 years from its promul0ation in order to be able to observe if the applicanthas6 1"5 not left the country7 145 dedicated himself continuously to la!ful callin07 15 not been

P')* $F




convicted of any offense or for violation of 0overnment promul0ated rules7 1;5 not committed anyact pre?udicial to the interest of the country or contrary to 0overnment announced policies.

-he proceedin0s in the -C !ere marred by irre0ularities. -he hearin0 !as set ahead of thescheduled date upon re:uest of >rivaldo so he could catch up !ith the last day for filin0 hiscertificate of candidacy2 !ithout publication7 the petition !as heard !ithin 3 months from last

publication7 >rivaldo !as allo!ed to ta9e his oath of alle0iance even before the finality of ?ud0%ment and !ithout !aitin0 for the 4 year !aitin0 period. MRM"

:" ',al Allegian%e

Art" IV4 *e%" ; ',al allegian%e o+ %iti5ens is ini2i%al to t&e national interest and s&alle dealt #it& ! la#"

Art" >I4 *e%" 1" P,li% o++i%ers and e2plo!ees o#e t&e *tate and t&is Constit,tionallegian%e at all ti2es4 and an! p,li% o++i%er or e2plo!ee #&o sees to %&ange &is %iti5ens&ipor a%,ire t&e stat,s o+ an i22igrant o+ anot&er %o,ntr! d,ring &is ten,re s&all e dealt #it&! la#"

/ual alle0iance is not contradictory to the double nationality of a >ilipina !ho married analien. ,t is not the business of Philippine la! to determine if its citizen is also a citizen of another country by virtue of marria0e.

Ghat Sec. $ contemplates is the case of aliens !ho are naturalized as >ilipinos but remainloyal to their country of ori0in 1specifically former Chinese nationals !ho even ran in thele0islative Yuan of China52 as !ell a public officers !ho2 !hile servin0 the 0overnment2 see9 citizenship in another country.

+ote 6 Under Sec ;F1d5 of the ocal )overnment Code2 those !ith dual citizenship are dis:ualified

from runnin0 for any elective local position.

;" Mi3ed Marriages

Cruz2 Constitutional a!2 "##" ed. 1hereinafter Cruz56

". ,t !as provided under the old rule that a >ilipino !oman !ho married an alien forfeitedher Phil. citizenship if under the la!s of her husbandEs State she !as re:uired to follo! hiscitizenship. -his rule has been reversed by 'rt. ,V2 Sec. ; of the Consti. !@c provides that6

DCitizens of the Philippines !ho marry aliens shall retain their citizenship2 unless by their act or omission they are deemed2 under the la!2 to have renounced it.D

4. But !hat of the reverse of the situationK Suppose it is the alien !oman !ho marries a>ilipinoK

Sec. "$ of C' ;< provides that Dany !oman !ho is no! or may hereafter be married to acitizen of the Phils.2 and !ho mi0ht herself be naturalized2 shall be deemed a citizen of the Phils.D

,n its latest pronouncement on this :uestion2 the clause D!ho mi0ht herself be la!fullynaturalizedD !as interpreted to mean only that the alien !oman must not be laborin0 under any of the dis:ualifications prescribed by la! for naturalization in her o!n ri0ht as a >ilipino citizen.

P')* $"




Moreover2 she can establish her claim to Phil. citizenship in administrative proceedin0s before theimmi0ration authorities only and !ill not have to file a ?udicial action for this purpose.

&ecapitulatin02 J. Barredo declared in Moya im Yao v. Comm. of ,mmi0ration2 ;" SC&'4#46

888 Ge no! hold 888 that under Sec. "$ of C' ;<2 an alien !oman marryin0

a >ilipino2 native%born or naturalized2 becomes ipso facto a >ilipina provided she is notdis:ualified to be a citizen of the Phils. under Sec. ; of the same la!. i9e!ise2 an alien!oman married to an alien !ho is subse:uently naturalized here follo!s the Phil.citizenship of her husband the moment he ta9es his oath as >ilipino citizen2 providedthat she does not suffer from any of the dis:ualifications under said Sec. ;.

UP/'-*/ ""@4;@#$&'M

C" *overeignt!

Soverei0nty

Dovereignt" is the supreme and uncontrollable po!er inherent in a State by !hich theState is 0overned. -here are t!o 9inds of soverei0nty2 to !it2 legal and political . e0alsoverei0nty is the authority !@c has the po!er to issue final commands !hereas politicalsoverei0nty is the po!er behind the le0al soverei0n2 or the sum total of the influences that operateupon it.

Soverei0nty may also be internal or e-ternal . ,nternal soverei0nty refers to the po!er of the State to control its domestic affairs. *8ternal soverei0nty2 !@c is the po!er of the State todirect its relations !@ other States2 is also 9no!n as independence. 888D 1Cruz.5

D-he supreme po!er of the State to 0overn persons and thin0s !ithin its territory.

E-heory of 'uto%imitationE is the property of the State%force due to !hich a State hase8clusive le0al competence of self%limitation and self%restriction 1Jelline95.

,n &ea0an v C,&2 it !as held that the provision in the military bases a0reement 0ivin0 theUS criminal ?urisdiction over crimes committed even by >ilipinos inside the bases is not adero0ation of Philippine soverei0nty. -he Philippines has the po!er to limit the e8ercise of itssoverei0nty. Ghen it allo!s a forei0n State to use part of its territory and !aives ?urisdiction over crimes committed therein2 it does not 0ive up part of its soverei0nty but only limits the e8ercise of its soverei0nty.D 1Mirasol notes.5

1" 'o2ini,2 and I2peri,2

D Imperium refers to the StateEs authority to 0overn. ,t covers such activities as passin0la!s 0overnin0 a territory2 maintainin0 peace and order over it2 and defendin0 it a0ainst forei0ninvasion. Ghen the State act in this capacity 5ure imperii2 it 0enerally en?oys soverei0n immunity.

0ominium refers to the capacity of the State to o!n property. ,t covers such ri0hts as titleto land2 e8ploitation and use of it2 and disposition or sale of the same. -he &e0alian doctrine!hereby all lands of the public domain belon0 to the State2 and anyone claimin0 title has the

P')* $4




burden to sho! o!nership2 comes !ithin this concept. ,n this capacity 5ure gestium2 the Statedescends to the status of ordinary persons and thus becomes liable as such.D 1Mirasol notes.5

' state as a ?uridical person may act in the capacity of soverei0n as !ell as o!ner. 888D's there are overtones indicative of s9epticism2 if not of outri0ht re?ection2 of the !ell%9no!ndistinction in public la! bet. the 0overnmental authority possessed by the state !@c is appropriately

embraced in the concept of soverei0nty2 and its capacity to o!n or ac:uire prop.2 it is notinappropriate to pursue the matter further. -he former comes under the headin0 of imperium andthe latter of dominium. -he use of this term is appropriate !@ reference to lands held by the state inits proprietary character. ,n such capacity2 it may provide for the e8ploitation and use of lands andother natural resources2 includin0 their disposition2 e8cept as limited by the Consti. /ean Pounddid spea9 of the confusion that e8isted durin0 the medieval era bet. t!o such concepts2 but did notethe e8istence of res publicae as a corallary to dominium. 888 L-here !as a reco0nition by J.omes in Carino v. ,nsular )ovEt2 that ESpain in its earlier decrees embodied the universal theorythat all lands !ere held from the Cro!n.E -hat !as a concept of 5us regalia2 !@c !as adopted by the "#< Consti.2 o!nership ho!ever bein0 vested in the state as such rather than the headthereof. 1>ernando $3.5

7" Territorial4 Personal4 and E3traterritoral B,risdi%tion

Jurisdiction is the manifestation of soverei0nty. 1Mirasol notes.5-he ?urisdiction of the state is understood as both its authority and the sphere of the

e8ercise of that authority. 1Sinco 43.5

a. Territorial 5urisdiction is the authority of the State to have all persons and thin0s !ithinits territorial limits to be completely sub?ect to its control and protection. 1Mirasol notes.5

Ghen e8ercised in reference to persons or thin0s found !@in the territory of the state2 it is9no!n as territorial 5urisdiction. 'll persons !@in that area2 re0ardless of nationality2 are sub?ectto the territorial ?urisdiction of the state.

-he territorial ?urisdiction of a state is soverei0nty operatin0 or applied !@in its territory.,ts scope and effect are e8pressed in this classic statement of Chief Justice Marshall on the sub?ect6

D-he ?urisdiction of the nation !@in its o!n territory is necessarily e8clusiveand absolute. ,t is susceptible of no limitation not imposed by itself. 'ny restrictionupon it2 derivin0 validity from an e8ternal source2 !ould imply a diminution of itssoverei0nty to the e8tent of the restriction2 and an investment of that soverei0nty to thesame e8tent in that po!er !@c !ould impose such restriction. 'll e8ceptions2 therefore2to the full and complete po!er of a nation !@in its o!n territories2 must be traced up tothe consent of the nation itself. -hey can flo! from no other le0itimate source. -his

consent may be either e8press or implied.D 1Sinco 43%4<.5

b. Personal 5urisdiction is the authority of the state over its nationals2 their persons2

property2 and acts2 !hether !ithin or outside its territory. -he Civil Code provision that prohibitoryand mandatory la!s follo! citizens !herever they 0o is an e8ample. 1Mirasol notes.5

Ghen ?urisdiction is e8ercised on the basis of the status of the persons affected2independent of their presence or absence in the territory of the state2 it is 9no!n as personal ?urisdiction. 1Sinco 43.5

-he personal ?urisdiction of the state is e8ercised over all its citizens !@in or !@o itsterritory. ,t affects their person2 prop.2 and even some of their acts performed abroad. -he

P')* $




authority of the state to !@c they o!e permanent alle0iance follo!s them at all times !herever theymi0ht reside and as lon0 as their membership of the state subsists. 1Sinco 4=.5

c. 2-traterritorial 5urisdiction is the authority of the State over persons2 thin0s or acts2outside its territorial limits by reason of their effects to its territory. 'rt. 4 of the &PC is a classice8ample of this. 1Mirasol notes.5

By a0reement !@ other states2 a state may establish its le0al institutions outside itsterritorial limits. -hus if a state does not have sufficient confidence in the administration of ?usticeand the system of la! obtainin0 in a particular country2 it may enter into a treaty for theestablishment of its o!n courts in the latter country !here its citizens or nationals may be tried.

888&e0ardless of treaty or a0reement2 ho!ever2 a state has full authority to adopt rules

intended to apply to persons2 !hether citizens or aliens2 and thin0s found in the territory of other states or on the hi0h seas under certain conditions. f course2 the actual enforcement of rulesintended to have e8traterritorial effect may be accomplished only !hen the persons concerned arefound !@in the territorial ?urisdiction of the state. -o enforce them in the territorial limits of another state !ould be to violate the soverei0nty of the latter2 unless this state 0ives its consentthereto. -hus2 !e have 'rt. 4 of the &evised Penal Code6

GArt" 7" E3%ept as provided in t&e treaties and la#s o+ pre+erentialappli%ation4 t&e provisions o+ t&is Code s&all e en+or%ed not onl! #it&in t&eP&ilippine Ar%&ipelago4 in%l,ding its at2osp&ere4 its interior #aters and 2ariti2e5one4 ,t also o,tside o+ its <,risdi%tion4 against t&ose #&o-

1" *&o,ld %o22it an o++ense #&ile on a P&ilippine s&ip or airs&ip"7" *&o,ld +orge or %o,nter+eit an! %oin or %,rren%! note o+ t&e P&ilippine

Islands or oligations and se%,rities iss,ed ! t&e 0overn2ent o+ t&e P&ilippines"8" *&o,ld e liale +or a%ts %onne%ted #it& t&e introd,%tion into t&ese

islands o+ t&e oligations and se%,rities 2entioned in t&e pre%eding n,2er":" W&ile eing p,li% o++i%ers or e2plo!ees4 s&o,ld %o22it an o++ense in

t&e e3er%ise o+ t&eir +,n%tionsH or;" *&o,ld %o22it an! o+ t&e %ri2es against national se%,rit! and t&e la#

o+ nations4 de+ined in Title One o+ $oo T#o o+ t&is Code"G

888. 1Sinco 4=%4#.5

8" *overeign I22,nit!

aD $asis

i. Constitutional

Art" >VI4 *e%" 8" T&e *tate 2a! not e s,ed #it&o,t its %onsent"

ii. Jurisprudence

Positivist theor"6 -here can be no le0al ri0ht as a0ainst the authority that ma9es the la!son !hich the ri0ht depends. 1olmes in Ia!anana9oa v Polyblan95

ociological theor"6 ,f the State is amenable to suits2 all its time !ould be spentdefendin0 itself from suits and this !ould prevent it from performin0 its other functions. 1&epublicv Villasor2 $; SC&' =5 1Mirasol notes.5

P')* $;




-he doctrine is also available to forei0n States insofar as they are sou0ht to be sued in thecourts of the local State. -he added basis in this case is the principle of the soverei0n e:uality of States2 under !@c one State cannot assert ?urisdiction over another in violation of the ma8im par in parem non habet imperium. -o do so !ould Dunduly ve8 the peace of nations.D 1Cruz.5

&epublic v. Villasor2 $; SC&' = 1"#<.5

>6 n <@@3"2 a decision !as rendered in SP in favor of resps. P.J. Iiener Co.2 td2 et. al. anda0ainst petitioner herein2 confirmin0 the arbitration a!ard in the amount of ".< M2 sub?ect of SP. n3@4;@3#2 resp. Jud0e issued an rder declarin0 the aforestated decision final and e8ecutory2 directin0 theSheriffs of &izal Province2 C as !ell as Manila to e8ecute the said decision. ' correspondin0 alias !ritof e8ecution !as then issued. n the stren0th of said !rit2 the sheriff served notices of 0arnishment !@several ban9s2 specially on the Emonies due the '>P in the form of deposits2 sufficient to cover the amountmentioned in the !rit7E the Phil. Veterans Ban9 received the same notice of 0arnishment. ence2 thisori0inal action for certiorari and prohibition !@ the SC.

*/6 ,t is a fundamental postulate of constitutionalism flo!in0 from the ?uristic concept of soverei0nty that the state as !ell as its 0ovt is immune from suit unless it 0ives its consent. ,t is

readily understandable !hy it must be so. ' soverei0n is e8empt from suit2 not bec. of any formalconception or obsolete theory2 but on the lo0ical and practical 0round that there can be no le0alri0ht as a0ainst the authority that ma9es the la! on !@c the ri0ht depends. 1J. olmes2Ia!anana9oa v. Polyblan92 4F$ US ;#.5 Sociolo0ical ?urisprudence supplies an ans!er notdissimilar. L' continued adherence to the doctrine of non%suability is not to be deplored for asa0ainst the inconvenience that may be caused private parties2 the loss of 0overnmental efficiencyand the obstacle to the performance of its multifarious functions are far 0reater if such afundamental principle !ere abandoned and the availability of ?udicial remedy !ere not thusrestricted.

-he State may not be sued !ithout its consent. ' corollary2 both dictated by lo0ic andsound sense from such a basic concept is that public funds cannot be the ob?ect of a 0arnishment proceedin0 even if the consent to be sued had been previously 0ranted and the state liabilityad?ud0ed. -his is based on considerations of public policy. /isbursements of public funds must be

covered by the correspondin0 appropriation as re:uired by la!. -he functions and public servicesrendered by the State cannot be allo!ed to be paralyzed or disrupted by the diversion of publicfunds from their le0itimate and specific ob?ects2 as appropriated by la!. RAM"

1b5 Ghen a suit is a0ainst the State and !hen it is not.

' suit is a0ainst the State2 re0ardless of !ho is named as the defendant2 if it producesadverse conse:uences to the public treasury in terms of disbursement of public funds and loss of 0overnment property.

Ghen a suit is a0ainst the State2 it cannot prosper unless the State has 0iven its consent.

,n the follo!in0 cases2 ho!ever2 the suit is not really a0ainst the State.

". Ghen the purpose of the suit is to compel an officer char0ed !ith the duty of ma9in0 payments pursuant to an appropriation made by la! in favor of the plaintiff to ma9e such payment. >or in this case2 the suit is not really a0ainst the State2 the State havin0 ac9no!led0ed itsliability to the plaintiff throu0h the enactment of an appropriation la!. &ather2 the suit is intendedto compel performance of a ministerial duty. 1Be0oso v PV'2 4 SC&' ;33 and /el Mar v PV'2$" SC&' ;F both involvin0 the Gar Gido! Benefits a! due the veterans.5

P')* $$




4. Ghen from the alle0ations in the complaint2 it is clear that the respondent is a publicofficer sued in a private capacity.

. Ghen the action is not in personam !ith the 0overnment as the named defendant2 but anaction in rem that does not name the 0overnment in particular.

,n &epublic v >eliciano 1";= SC&' ;4;52 a suit a0ainst the 0overnment for the recovery of possession and o!nership of land based on a possessory information !as disallo!ed by the SC onthe 0round that a suit for the recovery of property is an action Din personamD !hich see9s to brin0the State to court ?ust li9e any private person !ho is claimed to usurp a piece of property.

Ghat the plaintiff should have done2 the Court continued2 !as to apply for a ?udicialconfirmation of imperfect title under Sec. ;=1b5 of C' ";"2 !hich is an Daction in remD2 i.e.2 onedirected a0ainst the !hole !orld2 and not the 0overnment in particular.

&epublic v. >eliciano2 ";= SC&' ;4;

>6 &espondent Pablo >eliciano filed a complaint in the C>, of Camarines Sur a0ainst the &epublicof the Philippines2 represented by the land authority2 for the recovery of o!nership and possession of a parcel of land in -inambac2 Camarines Sur. e alle0ed that the lot in :uestion should be e8cluded fromthe +'&&' settlement reservation pro0ram of the 0overnment under Proc. +o. #F2 since itEs his private property bein0 covered by a possessory information title in the name of his predecessor%in% interest. 1Proc. +o. #F reserves for settlement purposes2 under the administration of the +'&&'2 no! the and 'uthority2a tract of land situated in the Municipalities of -inambac and Siruma2 Camarines Sur.5 >eliciano prayedthat he be declared the ri0htful o!ner of the property in :uestion.

' motion to dismiss2 principally on the 0round that the &P cannot be sued !ithout its consent andhence the action cannot prosper2 !as filed by =3 settlers 1as intervenors5 of the land in :uestion.

-he C>, 0ranted the motion to dismiss2 !hich !as then reversed by the ,'C on appeal. encethis petition by the &P.

,SSU*S6 ". G+ the doctrine of non%suability of the state can be invo9ed in this case. 1Y*S5

-he doctrine of non%suability of the State has proper application in this case. -he plaintiff has impleaded the &P as defendant in an action for recovery of o!nership and possession of a parcel of land2 brin0in0 the State to court ?ust li9e any private person !ho is claimed to beusurpin0 a piece of property. ' suit for the recovery of property is not an action in rem2 but anaction in personam.

By its caption and its alle0ation and prayer2 the complaint is clearly a suit a0ainst theState2 !hich under settled ?urisprudence is not permitted2 e8cept upon a sho!in0 that the State hasconsented to be sued2 either e8pressly or by implication throu0h the use of statutory lan0ua0e too plain to be misinterpreted. -here is no such sho!in0 of consent in the instant case. Gorse2 thecomplaint itself fails to alle0e the e8istence of such consent. -his is a fatal defect2 and on this basisalone2 the complaint should have been dismissed.

-he failure of the petitioner to assert the defense of immunity from suit !hen the case !astried before the court a 1uo2 as alle0ed by private respondent2 is not fatal. ,t is no! settled thatsuch defense Dmay be invo9ed by the courts sua sponte at any sta0e of the proceedin0s.D

4. G+ the consent of the &P may be read from Proc. +o. #F itself. 1+5

-he e8clusion of e8istin0 private ri0hts from the reservation established by Proc. no. #Fcannot be construed as a !aiver of the immunity of the State from suit. Gaiver of immunity2 bein0in dero0ation of soverei0nty2 !ill not be inferred li0htly2 but must be construed in strictissimi 5uris.Moreover2 the Proclamation is not a le0islative act. -he consent of the State to be sued must

P')* $3




emanate from statutory authority. Gaiver of State ,mmunity can only be made by an act of thele0islative body. Adapted"

Be0osa v. Chairman2 Philippine Veterans 'dm.2 4 SC&' ;33 1"#<F5

>6 )audencio Be0osa2 plaintiff%appellee2 !as an Denlisted men of the Phil. Common!ealth 'rmy2inducted in the service of the US'>>*D havin0 ta9en Dactive participation in the battle of BataanD as !ellas the Dliberation drive a0ainst the enemyD thereafter became Dpermanently incapacitated from !or9 dueto in?uries he sustained in line of duty 888.D

Pltff. filed his claim for disability pension as far bac9 as @;@$$7 but it !as erroneouslydisapproved on 3@4"@$$2 bec. his dishonorable dischar0e from the 'rmy !as not a 0ood or proper 0roundfor the said disapproval2 and that on reconsideration as9ed for by him on ""@"@$<2 !@c he continued tofollo! up2 the Board of 'dministrators2 Phil. Veterans 'dmin.2 finally approved his claim on #@4@3;2 at therate of PF@mo. Jud0e Soriano noted that6 Dhad it not been for the said error2 it appears that there !as no0ood 0round to deny the said claim2 so the latter !as valid and meritorious even as of the date of its filin0on @;@$$2 hence to ma9e the same effective only as of the date of its approval on #@4@3;%% accordin0 todefEs stand%% !ould be 0reatly unfair and pre?udicial to pltff.

-he appeal assi0ns as one error !hat it considers to be the failin0 of the C in not holdin0 thatthe complaint in this case is in effect a suit a0ainst the State !@c has not 0iven its consent thereto.

*/6 ,t does not admit of doubt that if the suit !ere in fact a0ainst the State2 the C shouldhave dismissed the complaint. +or is it to be doubted that !hile ostensibly an action may bea0ainst a public official2 the def. may in reality be the 0ovt. 's a result2 it is e:ually !ell%settledthat !here a liti0ation may have adverse conse:uences on the public treasury2 !hether in thedisbursement of funds or loss of prop.2 the public official proceeded a0ainst not bein0 liable in his personal capacity2 then the doctrine of non%suability may appropriately be invo9ed. ,t has noapplication2 ho!ever2 !here the suit a0ainst such a functionary had to be instituted bec. of hisfailure to comply !@ the duty imposed by statute appropriatin0 public funds for the benefit of pltff.or petitioner. Such is the present case.

888 o!ever2 !here the ?ud0ement in such a case !ould result not only in the recovery of possession of the prop. in favor of said citizen but also in a char0e a0ainst or financial liab. of the

)ovt2 then the suit should be re0arded as one a0ainst the 0ovt itself2 and conse:uently2 it cannot prosper or be validly entertained by the courts e8cept !@ the consent of said )ovt. RAM"

/el Mar v. Philippine Veterans 'dm 1PV'52 $" SC&' ;F 1"#<5

>6 /el Mar averred that he served durin0 GG ,, as chief ?ud0e advocate of the Cebu 'reaCommand 1a duly reco0nized 0uerrilla or0.5 !@ the ran9 of ma?or7 that he subse:uently obtained anhonorable dischar0e from the service on "F@4F@;3 on a cert. of permanent total physical disability7 thatupon proper claim presented and after hearin0 and ad?udication2 the Phil. Veterans Bd 0ranted him amonthly life pension of P$F effective "@4=@;<7 that in @$F2 the said Bd. discontinued payment of monthlylife pension on the 0round that his receipt of similar pension from the US )ovt2 thru the US Veterans'dmin. by reason of military service rendered in the US in the >ar *ast durin0 the !ar2 precluded him

from receivin0 any further monthly life pension from the Phil. )ovt7 that he !rote the said Bd. t!ice2demandin0 the continued payment of his monthly pension but his demands !ent unheeded. 'nd petitionfor mandamus !as filed !@ C>,%Cebu !@c rendered ?ud0ment upholdin0 /el MarEs claim.

-he PV' ar0ues that the court a :uo !as !@o ?urisdiction to try the civil case bec. it involves amoney claim a0ainst PV'% a mere a0ency of the )ovt performin0 0overnmental functions !@ no ?uridical personality of its o!n% and2 in reality2 parta9es of an action a0ainst the Phil. )ovt !@c is immune from suit!@o its consent.

*/6 's a 0eneral proposition2 the rule on the immunity of the )ovt from suit !@o its consentholds true in all actions resultin0 in Dadverse conse:uences on the public treasury2 !hether in the

P')* $<




disbursements of funds or loss of prop. +eedless to say2 in such actions2 !@c2 in effect2 constitutesuits a0ainst the )ovt2 the court has no option but to dismiss them. +onetheless2 the rule admits of an e8ception. ,t finds no application !here a claimant institutes an action a0ainst a functionary!ho fails to comply !@ his statutory duty to release the amount claimed from the public fundsalready appropriated by statute for the benefit of the said claimant. 's clearly discernible from thecircumstances2 the case at bar falls under the e8ception. RAM"

Shauf v C'2 "#" SC&' <" 1"##F5

0octrine of immunit" from suit will not appl" and ma" not be invoked where the public official isbeing sued in his private and personal capacit" as an ordinar" citizen.

>6 By reason of her non%selection to a position at Clar9 'ir Base2 Shauf filed an e:ual opportunitycomplaint a0ainst officers of Clar9 'ir Base2 for alle0ed discrimination a0ainst the former by reason of her nationality and se8. She then filed a complaint for dama0es !ith the &-C. &espondents filed a M-/on the 0round that as officers of the US 'rmed >orces performin0 official functions in accordance !ith the po!ers vested in them2 they are immune from suit.

Shauf contends that the officers are bein0 sued in their private capacity for discriminatory acts

performed beyond their authority2 hence the instant action is not a suit a0ainst the US )ovt. !hich !ouldre:uire its consent. 'ccordin0 to respondents2 the complaint is barred by the immunity of the US sincethe acts sued upon are 0overnmental activities of the US.

*/6 ". -he 0eneral rule is that a state may not be sued !ithout its consent. Ghile the doctrineappears to prohibit only suits a0ainst the state !ithout its consent2 it is also applicable tocomplaints filed a0ainst officials of the state for acts alle0edly performed by them in the dischar0eof their duties. -he rule is that if the ?ud0ment a0ainst such officials !ill re:uire the state itself to perform an affirmative act to satisfy the same2 such as the appropriation of the amount needed to pay the dama0es a!arded a0ainst them2 the suit must be re0arded as a0ainst the state itself2althou0h it has not been formally impleaded.

4. ,t is a different matter !here the public official is made to account in his capacity as

such for acts contrary to la! and in?urious to the ri0hts of plaintiff. ,nasmuch as the Stateauthorizes only le0al acts by its officers2 unauthorized acts of 0ovt. officials or officers are not actsof the State2 and an action a0ainst the officials or officers by one !hose ri0hts have been invaded or violated by such acts2 for the protection of his ri0hts2 is not a suit a0ainst the State !ithin the ruleof immunity of the State from suit. -he doctrine of state immunity cannot be used as an instrumentfor perpetratin0 an in?ustice.

. -he cloa9 of immunity is removed from the moment the public official is sued in hisindividual capacity such as !here he acts !ithout authority or in e8cess of the po!ers vested inhim. ' public official may be liable in his personal capacity for !hatever dama0e he may havecaused by his act done !ith malice and in bad faith2 or beyond the scope of his authority or ?uris%diction. ,n this case2 the officers are liable for dama0es. Adapted"

&epublic v Sandoval2 44F SC&' "4; 1"##5

/erein public officials( having been found to have acted be"ond the scope of their authorit"( ma"be held liable for damages.

>6 -he heirs of the "4 rallyists !ho perished durin0 the Mendiola massacre filed an action for dama0es. Such action !as filed a0ainst the 0overnment. -his !as by virtue of a recommendation made

P')* $=




by the CitizenEs Mendiola Commission 1created for the purpose of conductin0 an investi0ation of thedisorder2 deaths and casualties that too9 place durin0 the Mendiola incident.5 that the heirs and !oundedvictims of the incident be compensated by the )ovt. +ot!ithstandin0 such recommendation2 no concreteform of compensation !as received by the victims. -he Caylo )roup 1the 0roup of marchers in the saidincident5 filed a formal letter of demand from the 0ovt. Still unheeded for almost a year2 the 0roup filedan action a0ainst the 0ovt2 to0ether !@ the military officers and personnel involved in the incident beforethe trial court. &esp. Jud0e dismissed the complaint as a0ainst the &P on the 0round that there !as no

!aiver by the Sate.

*/6 ". -he principle of immunity from suit is based on the very essence of soverei0nty2 and onthe practical 0round that there can be no le0al ri0ht as a0ainst the authority that ma9es the la! on!hich the ri0ht depends. ,t also rests on reasons of public policy %% that public service !ould behindered2 and the public endan0ered2 if the soverei0n authority could be sub?ected to la! suits atthe instance of every citizen and conse:uently controlled in the uses and dispositions of the meansre:uired for the proper administration of the 0overnment.

4. -his is not a suit a0ainst the State !ith its consent. >irstly2 the recommendation made bythe Mendiola Commission re0ardin0 indemnification of the heirs and the victims of the incident by

the 0overnment does not in any !ay mean that liability automatically attaches to the State. -heCommission !as merely a fact%findin0 body and its recommendation !as not final and e8ecutory.Secondly2 !hatever acts or utterances that President ':uino may have done or said2 the same arenot tantamount to the State havin0 !aived its immunity from suit. 'lthou0h consent to be suedmay be 0iven impliedly2 such consent !as not 0iven in this case.

. Some instances !hen a suit a0ainst the State is proper are61"5 !hen the &epublic is sued by name7145 !hen the suit is a0ainst an unincorporated 0ovt. a0ency715 !hen the suit is on its face a0ainst a 0ovt. officer but the case is such that the ultimate

liability !ill belon0 not to the officer but to the 0ovt.

,n this case2 !hile the &epublic is sued by name2 the ultimate liability does not pertain to

the 0ovt. 'lthou0h the military officers !ere dischar0in0 their official functions !hen the incidentoccurred2 their functions ceased to be official the moment they e8ceeded their authority. ,mmunityfrom suit cannot institutionalize irresponsibility and non%accountability nor 0rant a privile0edstatus not claimed by any other official of the &epublic.

-he principle of state immunity from suit does not apply2 as in this case2 !hen the relief demanded by the suit re:uires no affirmative official action on the part of the State nor theaffirmative dischar0e of any obli0ation !@c belon0s to the State in its political capacity2 eventhough the officers or agents who are made defendants claim to hold or act onl" b" virtue of atitle of the state and as its agents and servants.

-hey are therefore liable for dama0es. Adapted"

1c5 Consent to be sued

o! consent is 0iven

-he consent to be sued2 in order to be effective2 must come from the State2 actin0 throu0h aduly enacted statute. Gaiver of state immunity can only be made by an act of le0islative body.

,n &epublic v Purissima2 <= SC&' ;<F 1"#<<52 the SC held that a contract entered into bythe &ice and Corn 'dministration stipulatin0 that in the event of breach2 action may be filed by the

P')* $#




parties2 cannot be the basis of a money claim a0ainst the &C'2 a 0overnment entity under theffice of the President2 since the &C' had no authority to bind the 0overnment to be sued. nly astatute could.

&epublic v. Purissima2 <= SC&' ;<F 1"#<<5

uabilit" of the tate. The +eed for a tatute <iving Consent

>6 -he &ice A Corn 'dministration 1&C'5 entered into a contract !@ the Yello! Ball >rei0ht inesin !@c they a0reed that in the event of breach2 action may be filed !@ the courts of Mla. ,n "#<42 Yello!filed a money claim a0ainst &C'. -he case !as assi0ned to resp. Jud0e.2 !ho denied a motion to dismissfiled by &C' relyin0 on the stipulation in the contract of the parties.

*/6 -he &C' is part of the 0ovt2 bein0 in fact an office under the ffice of the Pres. andtherefore cannot be sued !@o the consent of the State. -he consent to be effective.... must comefrom the State2 actin0 thru a duly enacted statute. -hus2 !hatever counsel for def. &C' a0reed tohad no bindin0 force in the 0ovt. -hat !as clearly beyond the scope of his authority.

,n &epublic v >eliciano2 ";= SC&a ;4;2 the SC held that the Proclamation of the Presidentof the Philippines 1reco0nizin0 private ri0hts to the land5 cannot be the source of consent2 since theProclamation is not a le0islative act. VV"

&epublic v >eliciano2 supra.

*8press consent6

1"5 Money claims arisin0 from contracts2 e8press or implied.

'ct +o. F=. 'n 'ct /efinin0 the Conditions under !hich the )overnment of thePhilippines may be Sued.

*e%" 1" *,<e%t to t&e provisions o+ t&is A%t4 t&e 0overn2ent o+ t&e P&ilippines &ere!%onsents and s,2its to e s,ed ,pon an! 2one!ed %lai2 involving liailit! arising +ro2 %ontra%t4e3press or i2plied4 #&i%& %o,ld serve as a asis o+ %ivil a%tion et#een private parties"

*e%" 7" A person desiring to avail &i2sel+ o+ t&e privilege &erein %on+erred 2,st s&o# t&at&e &as presented &is %lai2 to t&e Co22ission on A,dit and t&at t&e latter did not de%ide t&e sa2e#it&in t#o 2ont&s +ro2 t&e date o+ its presentation"

*e%" 8" Original a%tions ro,g&t p,rs,ant to t&e a,t&orit! %on+erred in t&is A%t s&all einstit,ted in t&e Regional Trial Co,rt o+ t&e Cit! o+ Manila or o+ t&e provin%e #&ere t&e %lai2antresides4 at t&e option o+ t&e latter4 ,pon #&i%& %o,rt e3%l,sive original <,risdi%tion is &ere!

%on+erred to &ear and deter2ine s,%& a%tions"

*e%" :" A%tions instit,ted as a+oresaid s&all e governed ! t&e sa2e r,les o+ pro%ed,re4ot& original and appellate4 as i+ t&e litigants #ere private parties"

*e%" ;" W&en t&e 0overn2ent o+ t&e P&ilippines is plainti++ in an a%tion instit,ted in an!%o,rt o+ original <,risdi%tion4 t&e de+endant s&all &ave t&e rig&t to assert t&erein4 ! #a! o+ seto++ or%o,nter%lai2 in a si2ilar a%tion et#een private parties"

P')* 3F




*e%" 6" Pro%ess in a%tions ro,g&t against t&e 0overn2ent o+ t&e P&ilippines p,rs,ant to t&ea,t&orit! granted in t&is A%t s&all e served ,pon t&e *oli%itor0eneral #&ose d,t! it s&all e toappear and 2ae de+ense4 eit&er &i2sel+ or t&ro,g& delegates"

*e%" ?" )o e3e%,tion s&all iss,e ,pon an! <,dg2ent rendered ! an! %o,rt against t&e0overn2ent o+ t&e P&ilippines ,nder t&e provisions o+ t&is A%tH ,t a %op! t&ereo+ d,l! %erti+ied !t&e %ler o+ t&e Co,rt in #&i%& <,dg2ent is rendered s&all e trans2itted ! s,%& %ler to t&e

President o+ t&e P&ilippines4 #it&in +ive da!s a+ter t&e sa2e e%o2es +inal"

*e%" " T&e President o+ t&e P&ilippines4 at t&e %o22en%e2ent o+ ea%& reg,lar session o+ t&eLegislat,re4 s&all trans2it to t&at od! +or appropriate a%tion all de%isions so re%eived ! &i24 and i+ said od! deter2ine t&at pa!2ent s&o,ld e 2ade4 it s&all appropriate t&e s,2 #&i%& t&e0overn2ent &as een senten%ed to pa!4 in%l,ding t&e sa2e in t&e appropriations +or t&e ens,ing!ear"

*e%" 9" T&is A%t s&all tae e++e%t on its approval"

Approved4 Mar%& 164 1978"

Com. 'ct 4<. 'n 'ct >i8in0 the -ime !ithin !hich the 'uditor )eneral shall &ender is

/ecisions and Prescribin0 the Manner of 'ppeal -herefrom.

*e%" 1" In all %ases involving t&e settle2ent o+ a%%o,nts or %lai2s4 ot&er t&an t&ose o+ a%%o,ntale o++i%ers4 t&e A,ditor 0eneral s&all a%t and de%ide t&e sa2e #it&in si3t! da!s4 e3%l,siveo+ *,nda!s and &olida!s4 a+ter t&eir presentation" I+ said a%%o,nts or %lai2s need re+eren%e to ot&erpersons4 o++i%e or o++i%es4 or to a part! interested4 t&e period a+oresaid s&all e %o,nted +ro2 t&e ti2et&e last %o22ent ne%essar! to a proper de%ision is re%eived ! &i2" Wit& respe%t to t&e a%%o,nts o+ a%%o,ntale o++i%ers4 t&e A,ditor 0eneral s&all a%t on t&e sa2e #it&in one &,ndred da!s a+ter t&eirs,2ission4 *,nda!s and &olida!s e3%epted"

In %ase o+ a%%o,nts or %lai2s alread! s,2itted to ,t still pending de%ision ! t&e A,ditor0eneral on or e+ore t&e approval o+ t&is A%t4 t&e periods provided in t&is se%tion s&all %o22en%e+ro2 t&e date o+ s,%& approval"

*e%" 7" T&e part! aggrieved ! t&e +inal de%ision o+ t&e A,ditor 0eneral in t&e settle2ent o+

an a%%o,nt or %lai2 2a!4 #it&in t&irt! da!s +ro2 re%eipt o+ t&e de%ision4 tae an appeal in #riting-aD 333D To t&e President o+ t&e P&ilippines4 or%D To t&e *,pre2e Co,rt o+ t&e P&ilippines4 i+ t&e appellant is a private person or entit!"I+ t&ere are 2ore t&an one appellant4 all appeals s&all e taen to t&e sa2e a,t&orit!

resorted to ! t&e +irst appellant"(ro2 a de%ision adversel! a++e%ting t&e interests o+ t&e 0overn2ent4 t&e appeal 2a! e

taen ! t&e proper &ead o+ t&e depart2ent or in %ase o+ lo%al govern2ents ! t&e &ead o+ t&e o++i%eor ran%& o+ t&e 0overn2ent i22ediatel! %on%erned"

T&e appeal s&all spe%i+i%all! set +ort& t&e parti%,lar a%tion o+ t&e A,ditor 0eneral to #&i%&e3%eption is taen #it& t&e reasons and a,t&orities relied on +or reversing s,%& de%ision"

*e%" 8" T&is A%t s&all tae e++e%t ,pon its approval"

Approved4 B,ne 14 198"

Sec. 4 of C' 4< has been amended by Sec. $F of P/ ";;$ and by Sec. $2 Chapter $2Subtitle B2 -itle ,2 Boo9 V2 'dministrative Code of the Philippines2 as follo!s6

*e%" ;=" ppeal from decisions of the Commission&'' T&e part! aggrieved ! an! de%ision4order4 or r,ling o+ t&e Co22ission 2a! #it&in t&irt! da!s +ro2 &is re%eipt o+ a %op! t&ereo+ appealon certiorari to t&e *,pre2e Co,rt in t&e 2anner provided ! la# and t&e R,les o+ Co,rt" W&en t&e

P')* 3"




de%ision4 order4 or r,ling adversel! a++e%ts t&e interests o+ an! govern2ent agen%!4 t&e appeal 2a!e taen ! t&e proper &ead o+ t&at agen%!" P' 1::;"D

*e%" 8;" ppeal from Decision of the Commission&'' An! de%ision4 order or r,ling o+ t&eCo22ission 2a! e ro,g&t to t&e *,pre2e Co,rt on certiorari ! t&e aggrieved part! #it&in t&irt!da!s +ro2 &is re%eipt o+ a %op! t&ereo+ in t&e 2anner provided ! la# and t&e R,les o+ Co,rt" W&ent&e de%ision4 order or r,ling adversel! a++e%ts t&e interest o+ an! govern2ent agen%!4 t&e appeal 2a!

e taen ! t&e proper &ead o+ t&at agen%!" *,title $4 Title I4 $oo V4 Ad2inistrative Code o+ t&eP&ilippines"D

Before the "#=< Constitution2 the la! in force !as 'ct F= and C' 4< !hich2 accordin0to Sayson v Sin0son 1a suit to compel payment of electrical supplies delivered to C''52 allo!edsuit only for money claims arisin0 from contract2 and providin0 a special procedure.

Under this procedure2 the claim must be filed !ith the 'uditor )eneral 1no!2 C'5. ,f the'uditor did not act !ithin 3F days2 then the claimant could file his claim !ith the &-C. But if the'uditor rendered a decision2 then the appeal could be made to the SC2 unless the claimant !as a public official in !hich case appeal !as to the President.

'rt. ,H of the "#=< Constitution no! 0ives a different procedure. 'll money claims are to be filed !ith C'2 !hich has 3F days !ithin !hich to act. ,f it fails to so act2 the claimant must!ait any!ay. nce a decision has been made2 he has2 !ithin F days to appeal by certiorari to theSC.

Sayson v. Sin0son2 $; SC&' 4=4 1"#<5

>6 ,n "@3<2 the ffice of the /istrict *n0r. re:uisitioned various spare parts for the repair of a /%=Bulldozer. ' public biddin0 for the said items !as conducted !herein the a!ards committee accepted the!innin0 bid of P;2$F 0iven by Sin09ier Motor Service o!ned by resp. Sin0son. Said a!ard !asapproved by the Sec. of Public Gor9s and Comm. !ho then directed the immediate delivery of the parts.

,n due course2 the voucher !@c covered the transaction reached the hands of petitioner i0h!ay 'uditor Sayson !ho then made in:uiries about the reasonableness of the price. 'fter findin0 the price reasonable1as !as evidenced by the indorsements of the /iv. *n0r. and the Comm. of Public i0h!ays2 the approvalof the Sec. of PG A C2 and the verification of the representative of the Bureau of Supply Coordination52 petitioner approved and effected payment of the voucher and !ithheld the 4FQ e:uivalent of P=2<F3 inorder to submit the documents coverin0 the transaction to the Supervisin0 'uditor for revie!. 'fter ma9in0 a canvass2 the )eneral 'uditin0 ffice determined the transaction to be overpriced by at leastP;F2FFF. Malversation char0es !ere failed a0ainst the district en0r. and civil en0r. involved. 'mandamus suit !as filed by the resp. !@c sou0ht to compel petitioner 0overnment auditors to approve the payment of the voucher coverin0 the balance. -he C decided in favor of resp. Sin0son. ence thisappeal by certiorari.

*/6 ,t is apparent that resp. Sin0sonEs cause of action is a money claim a0ainst the )ovt2 for the payment of the alle0ed balance of the cost of spare parts supplied by him to the Bureau of

Public i0h!ays. 'ssumin0 momentarily the validity of such claim2 mandamus is not the remedyto enforce the collection of such claim a0ainst the State 2 but an ordinary action for specific performance. 'ctually2 the suit dis0uised as one for mandamus to compel the 'uditors toapprove the vouchers for payment2 is a suit a0ainst the State2 !@c cannot prosper or be entertained by the Court e8cept !@ the consent of the State. ,n other !ords2 the resp. should have filed hisclaim !@ the )eneral 'uditin0 ffice2 under the provisions of C' 4< !@c prescribe theconditions under !@c money claim a0ainst the 0overnment may be filed.

888 ,t is true that once consent is secured2 an action may be filed. -here is nothin0 to prevent the State2 ho!ever2 in such statutory 0rant2 to re:uire that certain administrative

P')* 34




proceedin0s be had and be e8hausted. 'lso2 in the proper forum in the ?udicial hierarchy can bespecified if thereafter an appeal !ould be ta9en by the party a00rieved. ere2 there !as no rulin0of the 'uditor )en. *ven had there been such 2 the court to !@c the matter should have beenelevated is this -ribunal7 the C could not le0ally act on the matter. Adapted"

145 uasi%delicts committed by special a0ents

Art" 71=" T&e oligation i2posed ! arti%le 71?6 is de2andale not onl! +or oneKs o#n a%tsor o2issions4 ,t also +or t&ose o+ persons +or #&o2 one is responsile"

333T&e *tate is responsile in lie 2anner #&en it a%ts t&ro,g& a spe%ial agent4 ,t not #&en

t&e da2age &as een %a,sed ! t&e o++i%ial to #&o2 t&e tas done properl! pertains4 in #&i%& %ase#&at is provided in Art" 71?6 s&all e appli%ale"

333 Civil Code"D

Art" 71?6" W&oever ! a%t or o2ission %a,ses da2age to anot&er4 t&ere eing +a,lt ornegligen%e4 is oliged to pa! +or t&e da2age done" *,%& +a,lt or negligen%e4 i+ t&ere is no pree3isting %ontra%t,al relation et#een t&e parties4 is %alled a ,asideli%t and is governed ! t&eprovisions o+ t&is C&apter" iid"D

'rt. 4"=F of the Civil Code allo!s a suit a0ainst the 0overnment for :uasi%delictscommitted by the 0overnment !hen actin0 throu0h special a0ents 1those performin0 non%re0ular functions5

But if the tortious act !as committed by a re0ular employee2 the in?ured party could only brin0 a suit for dama0es a0ainst the employee in his personal capacity.

,t should be noted in this connection2 that in Merritt vs )ovt. of the Philippine ,slands2 ;Phil ""2 the SC said that it is therefore evident that the State is only liable for acts of its a0ents2officers and **s !hen they act as special a0ents !ithin the meanin0 of 'rt. "#F 1no! 'rt. 4"=F5

and that the chauffeur of the ambulance of the )eneral ospital !as not such a0ent. ,n this case2the Philippine )eneral ospital 1P)52 the a0ency involved2 did not yet have separate le0al personality from the Philippine )ovt. ,t should further be noted that the plaintiff !as allo!ed tosue by virtue of a special la! but !as unable to hold the defendant 0ovt. liable since the in?uries!ere caused by a re0ular driver of the 0ovt. and not a special a0ent.

Merritt v )overnment of the Philippine ,slands2 ; Phil ""

>6 Merritt2 !hile ridin0 his motorcycle !as hit by an ambulance o!ned by the Philippine )eneralospital. ,t !as driven by a driver employed by the hospital. ,n order for Merritt to sue the Philippine0overnment2 'ct +o. 4;$< !as enacted by the Philippine e0islature authorizin0 *. Merritt to brin0 suita0ainst the )overnment of the Philippine ,slands and authorizin0 the 'ttorney%)eneral of said ,slands to

appear in said suit. ' suit !as then filed before the C>, of Manila !hich fi8ed the responsibility for thecollision solely on the ambulance driver and determined the amount of dama0es to be a!arded to Merritt.Both parties appealed from the decision2 plaintiff Merritt as to the amount of dama0es and defendant inrenderin0 the amount a0ainst the 0overnment.

,SSU*6 /id the defendant in enactin0 'ct +o. 4;$< simply !aive its immunity from suit or did italso concede its liability to the plaintiffK

P')* 3




*/6 By consentin0 to be sued2 a state simply !aives its immunity from suit. ,t does notthereby concede its liability to the plaintiff2 or create any cause of action in his favor2 or e8tend itsliability to any cause not previously reco0nized. ,t merely 0ives a remedy to enforce a pre%e8istin0liability and submit itself to the ?urisdiction of the court2 sub?ect to its ri0ht to interpose any la!fuldefense.

'ct +o. 4;$< authorizes *. Merritt to brin0 suit for the purpose of fi8in0 the responsibilityfor the collision and determinin0 the amount of dama0es2 if any2 to !hich *. Merritt is entitled onaccount of said collision. -he 0overnment did not assume any liability under the 'ct.

-he )overnment of the Philippine ,slands is only liable2 for the acts of its a0ents2 officersand employees !hen they act as special a0ents !ithin the meanin0 of para0raph $ of '"#F2 CC1par. 32 'rt. 4"=F2 +CC5. * special agent is one who receives a definite and fi-ed order or commission( foreign to the e-ercise of the duties of his office if he is a special official. -hespecial a0ent acts in representation of the state and e8ecutes the trust confided to him. -hisconcept does not apply to any e8ecutive a0ent !ho is an employee of the active administration and!ho on his o!n responsibility performs the functions !@c are inherent in and naturally pertain tohis office and !@c are re0ulated by la! and the re0ulations. -he responsibility of the State islimited to that !@c it contracts throu0h a special a0ent2 duly empo!ered by a definite order or commission to perform some act or char0ed !@ some definite purpose !@c 0ives rise to the claim2and not !ere the claim is based on acts or omissions imputable to a public official char0ed !@ someadministrative or technical office !ho can be held to the proper responsibility in the manner laiddo!n by the la! of civil responsibility. -he chauffeur of the ambulance of the )eneral ospital!as not such an a0ent. Adapted"

US v. Ceballos2 "=4 SC&' 3;;

>6 &esp. !as employed as barrac9s boy in Camp E/onnel2 and !as arrested follo!in0 a buy%bustoperation conducted by petitioners2 !ho are officers of the US 'ir >orce and special a0ents of the 'ir >orce ffice of Special ,nvesti0ators. Petitioners filed char0es a0ainst resp. for violation of &' 3;4$ and

testified a0ainst him at the trial. &esp !as dismissed from employment as a result of the filin0 of thechar0e. &esp. filed a complaint for dama0es a0ainst petitioners for his removal. /efendants 1petitionersherein5 filed the affirmative defense that they had only done their duty in the enforcement of Phil. la!sinside the 'merican bases pursuant to the &P%US MB'. ater2 their counsel filed a motion to !ithdra!ans!er and moved for the dismissal of the complaint on the 0round that defendants !ere actin0 in their official capacity and that the complaint a0ainst t hem !as in effect a suit a0ainst the US !@o its consent.

*/6 Petitioners cannot be directly impleaded for acts imputable to their principal !@c has not0iven its consent to be sued. Petitioners !ere actin0 in the e8ercise of their official functions !henthey conducted the buy%bust operation.

Pvt resp. invo9e 'rt. 4"=F2 +CC !@c holds the 0ovt liable if it acts throu0h a speciala0ent. -he ar0ument2 it !ould seem2 is premised on the 0round that since the officers aredesi0nated as Dspecial a0ents2D the US 0ovt should be liable for their torts.

uabilit" v. Liabilit". -here seems to be a failure to distin0uish bet. suability and liability.Suability depends on the consent of the state to be sued2 liability on the applicable la! and theestablished facts. -he circumstance that a state is suable does not necessarily mean that it is liable7on the other hand2 it can never be held liable if it does not first consent to be sued. iability is notconceded by the mere fact that the state has allo!ed itself to be sued. Ghen the state does !aiveits soverei0n immunity2 it is only 0ivin0 the pltff the chance to prove2 it can2 that the def. is liable.

-he said art. establishes a rule of liabilit"2 not suability. -he 0ovt may be held liableunder this art. only if it first allo!s itself to be sued throu0h any of the accepted forms of consent.

P')* 3;




Moreover2 the a0ent performin0 his re0ular functions is not a special a0ent even if he is sodenominated2 as in the case at bar. +o less important2 the said provision appears to re0ulate onlythe relations of the local state !@ its inhabitants and2 hence2 applies only to the Phil. 0ovt and not toforei0n 0ovts impleaded in our courts.

Ge re?ect the conclusion of the trial court that the ans!er filed by the special counsel of theffice of the Sheriff Jud0e 'dvocate of Clar9 'ir Base !as a submission by the US 0ovt to its

?urisdiction. *8press !aiver of immunity cannot be made by a mere counsel of the 0ovt but must be effected throu0h a duly%enacted statute. +either does such ans!er come under the impliedforms of consent.

+-*S on the consolidated cases US v. )uinto2 et al.6

". -he doctrine of state immunity is sometimes derisively called the Droyal prero0ative of dishonestyD because of the privile0e it 0rants the state to defeat any le0itimate claim a0ainst it bysimply invo9in0 its non%suability. -his implies ho!ever that the State may be sued !ith itsconsent.

4. -he consent of the state to be sued may be manifested e8pressly or impliedly. *8pressconsent may be embodied in a 0eneral la! or a special la!. *8press consent is effected only by the!ill of the le0islature throu0h the medium of a duly enacted statute. Consent is implied !hen thestate enters into a contract or it itself commences liti0ation. Ghen the 0ovt. enters into a contract2it is deemed to have descended to the level of the other contractin0 party and divested of its sover%ei0n immunity from suit !ith its implied consent. o!ever2 distinctions must be made bet!eensoverei0n and proprietary acts. -he state may only be liable for proprietary acts. 's for the filin0of a complaint by the 0ovt.2 suability !ill result only !here the 0ovt. is claimin0 afffirmative relief from the defendant.

. -here is no :uestion that the US !ill be deemed to have impliedly !aived its non%suability if it has entered into a contract in its proprietary or private capacity. ,t is only !hen thecontract involves its soverei0n or 0overnmental capacity that no such !aiver may be implied.

;. ,n this case2 by enterin0 into an employment contract La proprietary function !ith therespondents2 the US impliedly divested itself of its soverei0n immunity. -he state could therefore be sued since such contracts are commercial in nature. Adapted"

15 ,ncorporation of 0overnment%o!ned or controlled corps.

Ghen the 0overnment creates a corporation2 it invariably provides this corporation aseparate entity and !ith the capacity to sue and be sued. ,f the 0overnment entity is 0iven thecapacity to be sued2 the suit encompasses any 9ind of action2 includin0 one from tort.

,n SSS v C'2 "4F SC&' <F< 1"#=52 the property of one Socorro Cruz !as forecloseddue to the ne0li0ence of the re0ular employees of SSS in mista9in0 her account2 !hich !asupdated2 !ith that of another Socorro Cruz2 !hich !as in arrears. -he SC2 in 0rantin0 nominaldama0es to the claimant2 seemed to be sayin0 that SSS could have invo9ed the defense of 'rt.4"=F2 !hich it did not. -he separate opinion of Ma9asiar enunciated this. L+ote6 Consent to besued includes actions based on :uasi%delict even thou0h committed by re0ular a0ents and not byspecial a0ents.

So the rule2 it seems2 is that a 0overnment entity can be sued for tort2 but if it is2 it caninvo9e the defense that it acted throu0h its re0ular employees2 not special a0ents.

P+B vs C,&2 =" SC&' "; 1"#<=5

P')* 3$




ince the P//C had the capacit" to be sued( an" 5udgment against it could be enforced b" awrit of e-ecution( and its funds could even be garnished.

>6 -he United omesite *mployees and aborers 'ssociation of the PeopleEs omesite and ousin0Corporation 1PC5 in a case filed before the Court of ,ndustrial &elations prevailed over PC. -he

final and e8ecutory ?ud0ment !as sou0ht to be enforced via a !rit of 0arnishment a0ainst PCEs fundsdeposited !ith P+B. P+B sou0ht to :uash the !rit alle0in0 that the funds !ere Dpublic in character.D-he motion !as denied2 hence this petition for certiorari alle0in0 0rave abuse of discretion in denyin0 themotion.

*/6 PC !as a 0overnment%o!ned entity. ,t has personality distinct and separate from the0overnment. ,t has all the po!ers of a corporation under the Corporation a!2 accordin0ly it maysue and be sued and may be sub?ected to court processes ?ust li9e any other corporation. Byen0a0in0 in business throu0h the instrumentality of a corp.2 the 0ovt divests itself of its soverei0ncharacter2 so as to render the corp. sub?ect to the rules 0overnin0 private corporations.)arnishment is a proper remedy for a prevailin0 party to proceed a0ainst the funds of a corporateentity even if o!ned or controlled by the 0overnment. ,t is !ell%settled that !hen the 0overnmententers into commercial business2 it abandons its soverei0n capacity and is to be treated ?ust li9e any

other corporation. 1-he case !as based primarily on +'SSC v C,&2 ""= Phil <=4.5 VV"

&ayo vs C>, of Bulacan2 ""F SC&' ;$3

>6 Petitioners are amon0 the many victims of the floodin0 caused by the simultaneous openin0 of the three flood0ates of 'n0at /am durin0 the hei0ht of typhoon DIadin0D. -he complaints they filed before the C>, of Bulacan !ere dismissed for the reason that the +PC in the operation of the 'n0at /amis Rperformin0 a purely 0overnmental function2E thus it Rcan not be sued !ithout the e8press consent of theState.E &espondent C>, denied M&econ2 hence2 this petition.

*/6 -he 0overnment has or0anized a private corporation2 put money in it and has allo!ed it tosue and be sued in any court under its charter L&' 3#$2 Sec. 1d5. 's a 0overnment o!ned and

controlled corporation2 it has a personality of its o!n2 distinct and separate from that of the)overnment 1+'SSC v C,&5. Moreover2 the charter provision that the +PC can Dsue and besued in any courtD is !ithout :ualification on the cause of action and accordin0ly it can include atort claim such as the one instituted by petitioners. Adapted"

SSS V. C'2 "4F SC&' <F< 1"#=5

>6 -he Spouses /avid and Socorro Cruz obtained a loan from SSS on the security of a lot located inSto. &osario2 Pateros2 &izal. Claimin0 that the couple had defaulted in the payment of the monthlyamortizations2 the SSS applied for the foreclosure of the mort0a0e. 's a result the sheriff scheduled thesale of the prop. mort0a0ed and notice of the sale !as published. ,t turned out that !hile the couple failedto pay some of the amortizations on time2 at the time of the application for foreclosure2 their account !as

up to date. -he SSS mistoo9 the coupleEs account for that of another one bearin0 the same name SocorroCruz2 althou0h !@ different middle name. -he spouses sued SSS for dama0es.

*/6 1"5 avin0 accepted the late payments of the monthly installments2 the SSS could notsuddenly and !@o prior notice to the couple apply for the e8tra?udicial foreclosure of their mort0a0e. -here !as ne0li0ence on the part of the SSS !hen it mistoo9 the loan account of Socorro J. Cruz for that of Socorro C. Cruz. ,ts attention !as called to the error but it refused toac9no!led0e its mista9e. SSS should2 thus2 be held liable for nominal dama0es.

P')* 33




145 Under its charter L&' ""3"2 sec. ;195 the SSS can sue and be sued. So2 evenassumin0 that the SSS en?oys immunity from suit as an entity performin0 0overnmental functions by virtue of the e8plicit provision of the enablin0 la!2 it can be sued. -he 0overnment must bedeemed to have !aived immunity in respect of the SSS2 althou0h it does not thereby concede itsliability.

Ma9asiar2 dissenting>

888. -he provision that it can be sued and be sued merely allo!s a private citizen aremedy for the enforcement of his ri0hts but al!ays sub?ect to the defense of the 0ovt. Since under 'rt. 4"=F2 +CC the State is liable for tort only !hen it acts throu0h special a0ents but not !hen itacts throu0h officials to !hom the tas9 done properly pertains and !ho alone are liable for their torts2 the SSS cannot be held liable for dama0es in this case. VV"

,mplied consent6

1"5 Ghen the 0overnment enters into business contracts

Ghen the 0overnment is in the performance of 0overnmental function 1 5ure imperii52 evenif it enters into a contract !ith private persons2 it cannot be sued !ithout its consent.

-hus in United States v &uiz2 "3 SC&' ;=< 1"#=$5. a contract for the repair of !harvesand piers at the naval base in Subic !as held to be in line !ith the 0overnmental function of the US)overnment and so the immunity e8isted.

But !hen the 0overnment enters into commercial contracts and descends to the status of ordinary persons 1 5ure gestioni52 it can be sued li9e any other person.

,n Malon0 v P+&2 "= SC&' 3 1"#=$52 it !as held that !hen the state or0anized thePhilippine +ational &ail!ay2 it divested itself of its soverei0n capacity2 and so became liable for dama0es that arose from the death of one !ho fell from an overloaded train.

United States of 'merica v. &uiz2 "3 SC&' ;=< 1"#=$5

tate Immunit" from uits 2-tends to contracts !elating to overeign 4unctions.

>6 ,n $@<42 the US advertised for bid pro?ects involvin0 the repair of !harves and certain !or9s onthe shorelines at its naval base in Subic2 Oambales. *li0io de )uzman A Co.2 ,nc. 1*) A Co.5 submitted proposals in connection !@ !@c it received 4 tele0rams from the US 0ovt as9in0 it to confirm its price proposals and the name of its bondin0 co. o!ever2 in 3@=42 *) A Co. !as informed that its proposalshad been re?ected and the pro?ects had been a!arded to rd parties. *) A Co. brou0ht suit in the C>, tocompel the US 0ovt to allo! it to perform the !or9 on the pro?ects. ,t also as9ed for a !rit of prel. in?. torestrain the US 0ovt from enterin0 into contract !@ rd parties for !or9 on the pro?ects. -he US 0ovtmoved to dismiss the complaint2 but its motion !as denied. ence the petition for revie!.

*/6 ,t has been necessary to distin0uish bet. soverei0n and 0overnmental acts 1 5ure imperii5and private2 commercial and proprietary acts 1 5ure gestionis.5 -he result is that State immunityno! e8tends only to acts 5ure imperii. o!ever2 the resp. Jud0e held that by enterin0 into acontract for the repair of !harves or shorelines the State did not act in its 0overnmental capacity.

' state may be said to have descended to the level of an individual and can thus be deemedto have tacitly 0iven its consent to be sued only !hen it enters into business contracts. -he ruledoes not apply !here the contract relates to the e8ercise of its soverei0n functions.

P')* 3<




,n this case the pro?ects are an inte0ral part of the naval base !@c is devoted to the defenseof both the US and the Phils.2 indisputably a function of the 0ovt of the hi0hest order7 they are notutilized for2 nor dedicated to2 commercial or business purpose. VV"

Malon0 v P+&2 "= SC&' 3 1"#=$5

P+! not Immune from uit

>6 -he petitioners sued the Philippine +ational &ail!ay 1P+&5 for dama0es for the death of their son !ho fell from an overloaded P+& train on "F@F@<<. o!ever2 the trial court dismissed the suit on the0round that2 under its charter as amended by P/ <;"2 the P+& had been made a 0overnmentinstrumentality2 and that as such it is immune from suit.

*/6 -he correct rule is that Dnot all 0overnment entities2 !hether corporate or noncorporate2are immune from suits. ,mmunity from suit is determined by the character of the ob?ects for !@cthe entity is or0anized.D Ghen the 0ovt enters into a commercial transaction it abandons itssoverei0n capacity and is to be treated li9e any other corp. ,n this case2 the state divested itself of its soverei0n capacity !hen it or0anized the P+&2 !@c is no different from its predecessor2 theManila &ailroad Co. VV"

145 Ghen it !ould be ine:uitable for the state to invo9e its immunity2 or !hen it ta9es private property for public use or purpose.

,n 'mi0able v Cuenca2 1; SC&' 3F52 'lfonso v Pasay and Ministerio v C>,2 ;F SC&'

;3;2 the SC allo!ed suit for the recovery of possession of titled lands previously 1decades5 ta9enover by the 0overnment for e8pansion of roads !ithout ?ust compensation and the proper e8propriation proceedin0s. ,n so holdin02 it said that it !ould be un?ust for the 0overnment toinvo9e immunity after it has itself violated the ri0hts of the parties%claimant by ta9in0 over the possession of the lands.

,n Santia0o v &epublic2 =< SC&' 4#; 1"#<=52 the SC allo!ed the revocation of a deed of donation made to the Bureau of Plant ,ndustry for its failure to comply !ith the condition that itshould install a li0htnin0 and !ater system on the property and build an office buildin0 !ith par9in0 lot before a certain date. ,t !ould be unfair2 said the court2 for the 0overnment to invo9eits immunity after 0ratuitously receivin0 property and not fulfillin0 its conditions.

-he case of Commissioner of Public i0h!ays vs Bur0os2 #3 SC&' ="2 simply

implemented the rulin0 in 'mi0able vs Cuenca2 ; SC&' 3F. ,n the earlier case2 the :uestionraised !as the ri0ht of the plaintiff to sue the 0ovt. for recovery of the value of her property !hichhad been converted into public streets !ithout payment to her of ?ust compensation. 'lthou0h it!as sho!n that she had not previously filed her claim !ith the 'uditor )eneral as normallyre:uired2 the SC decided in her favor. -he SC held that the doctrine of 0overnmental immunityfrom suit cannot serve as an instrument for perpetratin0 an in?ustice on a citizen. ,n this instantcase2 the SC fi8ed ?ust compensation based on the mar9et value of the land at the time of theta9in0.

P')* 3=




Santia0o v. &epublic2 =< SC&' 4=; 1"#<=5

Consent to be ued Presumed where *llowance of Immunit" ?ould be Ine1uitable

>6 Petitioner filed an action in the C>, of Oamboan0a City for the revocation of a deed of donation!@c he and his !ife had made to the Bureau of Plant ,ndustry. e claimed that the donee failed to comply!@ the condition of the donation that the donee should install a li0htin0 and !ater system on the prop. and build an office buildin0 !@ par9in0 lot thereon not later than "4@<@<;. -he trial court dismissed the actionon the 0round of soverei0n immunity.

*/6 rdinarily2 a suit of this nature cannot prosper. ,t !ould2 ho!ever2 be manifestly unfair for the 0ovt2 as donee2 !@c is alle0ed to have violated the condition under !@c it received0ratuitously certain prop.2 to invo9e its immunity. Since it !ould be a0ainst e:uity and ?ustice toallo! such a defense in this case2 consent to be sued could be presumed. VV"

Commissioner of Public i0h!ays v Bur0os2 #3 SC&' =" 1"#=F5

>6 Priv. respondent Victoria 'mi0able !as the o!ner of a parcel of land in Cebu City7 sometime in"#4; the )overnment too9 this land for road%ri0ht%of%!ay purpose. ,n "#$#2 she filed in the C>, of Cebua complaint for recovery of o!nership and possession plus dama0es. -his complaint !as dismissed on the0rounds of estoppel and the statute of limitations and also on the 0round of non%suability of the)overnment. -he SC on appeal reversed the C>, and remanded the case for the purpose of determinin0the compensation to be paid 'mi0able2 directin0 that to determine ?ust compensation for the land2 the basis should be the price or value thereof at the time of the ta9in0. &espondent ?ud0e2 ho!ever did notheed the directive but instead too9 into account supervenin0 inflation of the currency and ad?usted thevalue in accordance !ith the prevailin0 peso%dollar e8chan0e rate. is basis !as 'rticle "4$F of the CivilCode. -he Sol%)en appealed the decision.

*/6 'rt. "4$F applies only to cases !here a contract or a0reement is involved. ,t does notapply !here the obli0ation to pay arises from la!2 independent of contract. -he ta9in0 of private property by the )overnment in the e8ercise of its po!er of eminent domain does not 0ive rise to acontractual obli0ation. -he value of the property at the time the 0ovt too9 possession of the land in:uestion2 not the increased value resultin0 from the passa0e of time2 !@c invariably brin0s unearnedincrement to real estate2 represents the value to be paid as ?ust compensation for the prop. ta9en.Adapted"

15 ,f the )ovt. files a complaint2 defendant may file a counterclaim a0ainst it

,n >roilan vs riental Pan Shippin02 )& %3F3F 1Sept. F2 "#$F52 the SC held that !henthe State itself files a complaint2 the defendant is entitled to file a counterclaim a0ainst it. -his is

based on e:uitable 0rounds. -he SC ruled that the 0ovt. impliedly allo!ed itself to be sued !hen itfiled a complaint in intervention for the purpose of assertin0 a claim for affirmative relief a0ainstthe plaintiff2 to !it2 recovery of a vessel.

>roilan vs riental Pan Shippin02 "4 SC&' 4<32 )& %3F3F 1Sept. F2 "#$F5

>6 >roilan purchased from Shippin0 Commission a vessel for P4FF2FFF payin0 P$F - do!npayment. 'CM !as e8ecuted to secure the payment of the balance. >or various reasons includin0 non%payment of

P')* 3#




installments2 the Commission too9 possession of the vessel and considered the contract of sale cancelled.-he Commission chartered and delivered said vessel to Pan riental. >roilan appealed from the action of the Commission and he !as restored to all the ri0hts under the ori0inal contract. o!ever2 Pan rientalretained the possession of the vessel. >roilan filed a complaint to recover possession of the vessel. ' !ritof replevin !as issued. -he )ovt intervened alle0in0 that >roilan failed to pay the balance to theCommission7 that the intervenor !as entitled to the possession of said vessel under the terms of theori0inal contract or in order for it to effect the e8tra?udicial foreclosure of the mort0a0e. Pan riental

ans!ered the complaint in intervention prayin0 that if &P succeeded in obtainin0 the possession of thevessel2 to comply !@ its obli0ation of deliverin0 it to Pan riental pursuant to their contract of bareboatcharter !@ option to purchase. Complaint in intervention !as dismissed upon >roilanEs payment of hisaccount to the &P. &P filed a motion to dismiss the counterclaim !@c Pan riental had filed a0ainst it invie! of the courtEs order dismissin0 the complaint in intervention. Counterclaim of Pan . a0ainst &P!as dismissed. ence2 this appeal. &P raised2 amon0 others2 as 0round for the dismissal of Pan Escounterclaim2 the StateEs immunity from suit.

*/6 By filin0 its complaint in intervention2 the 0ovt in effect !aived its ri0ht of non%suability.Stated other!ise2 by ta9in0 the initiative in an action a0ainst a private party2 the State surrenderedits privile0ed position and came do!n to the level of the def. -he latter automatically ac:uires2 !@incertain limits2 the ri0ht to set up !hatever claims and other defenses he mi0ht have a0ainst theState. Adapted"

1d5 Scope of consent

1"5 Under 'ct +o.F=

*e%" 1" *,<e%t to t&e provisions o+ t&is A%t4 t&e 0overn2ent o+ t&e P&ilippines &ere!%onsents and s,2its to e s,ed ,pon an! 2one!ed %lai2 involving liailit! arising +ro2 %ontra%t4e3press or i2plied4 #&i%& %o,ld serve as a asis o+ %ivil a%tion et#een private parties"

333

Ghen a money ?ud0ment is 0iven a0ainst the 0overnment2 the ordinary rule for e8ecution

!ould not apply2 for the consent of the 0overnment to be sued is only up to the point of ?ud0ment.,f it does not pay2 it cannot be compelled to pay by attachment or other!ise 1ho! does one attachthe uezon brid0eK5

-he procedure is for one to furnish the ffice of the President !ith the decision so it couldinclude the amount in the bud0et for the ne8t year as the basis for appropriation 1since there can beno disbursement of public funds e8cept in pursuance of la!5.

,f the ?ud0e nonetheless issues a !rit of e8ecution a0ainst 0overnment funds or property2no ordinary civil action can be filed a0ainst the ?ud0e2 unless there is a sho!in0 of malice. But2 areinstatement of the funds to 0overnment accounts and refund by the private party can be ordered.1Commissioner of Public i0h!ays v San /ie0o2 " SC&' 3"3 1"#<F52 reiteratin0 the case of

'lsua v Johnson.5

Commissioner of Public i0h!ays v San /ie0o2 " SC&' 3"3 1"#<F5

>6 n ""@4F@;F2 the )ovt filed a complaint for eminent domain 1*/5 in the C>, for thee8propriation of land belon0in0 to +.-. ashim needed to construct */S'. n ""@4$@;F2 the )ovt too9 possession of the prop. upon deposit !@ the city treasurer of the sum fi8ed by the court as the provisionalvalue of all the lots needed to construct the road. ,n "#$=2 the estate of ashim2 throu0h its Judicial'dministrator2 -omas ashim2 filed a money claim !@ the C *n0rEs ffice2 !@c !as alle0ed to be the

P')* <F




>MV of the prop. in :uestion. +othin0 havin0 come out of the claim2 the estate filed a complaint for therecovery of the >MV a0ainst the Bureau of Public i0h!ays 1BP.5 -he parties entered into acompromise a0reement !@c !as approved by the C>,. -he estate filed a motion for the issuance of a !ritof e8ecution2 !@c the court 0ranted. ' notice of 0arnishment2 to0ether !@ a !rit of e8ecution !as servedon P+B2 notifyin0 it that levy !as thereby made upon the funds of petitioner Bureau and the 'uditor )eneral on deposit. &esp. Coruna2 in his capacity as Chief2 /ocumentation Staff of P+BEs e0al /ept.2authorized the issuance of a cashierEs chec9 of the ban9 in the amount of the ?ud0ment@ compromise

a0reement. Petitioners contend that P+B acted precipitately in havin0 delivered the amount !@oaffordin0 petitioner Bureau a reasonable time to contest the validity of the 0arnishment. ,t demands thatthe ban9 credit the petitionerEs account !@ the amount 0arnished.

*/6 'lthou0h the 0ovt2 as pltff. in e8propriation proceedin0s2 submits itself to the ?urisdictionof the Court and thereby !aives its immunity from suit2 the ?ud0ement that is thus renderedre:uirin0 its payment of the a!ard determined as ?ust compensation for the condemned prop. as acondition precedent to the transfer to the title thereto in its favor2 cannot be realized upone8ecution. 888 L,t is incumbent upon the le0islature to appropriate any additional amount2 over and above the provisional deposit2 that may be necessary to pay the a!ard determined in the ?ud0ment2 since the )ovt cannot 9eep the land and dishonor the ?ud0ment.

888 -he universal rule that !here the State 0ives its consent to be sued by private partieseither by 0eneral or special la!2 it may limit claimantEs claim Donly up to the completion of proceedin0s anterior to the sta0e of e8ecutionD and that the power of the Courts end when the 5udgment is rendered 2 since 0ovt funds and properties may not be seized under !rits of e8ecutionor 0arnishment to satisfy such ?ud0ments2 is based on obvious considerations of public policy./isbursements of public funds must be covered by the correspondin0 appropriations as re:uired byla!. -he functions and public services rendered by the State cannot be allo!ed to be paralyzed or disrupted by the diversion of public funds from their le0itimate and specific ob?ects2 asappropriated by la!. RAM"

145 Under a charter

Ghen consent to be sued is provided by the charter2 the consent does not stop !ith the

rendition2 but 0oes up to the satisfaction of the ?ud0ment.

,n P+B v C,&2 =" SC&' "; 1"#<=52 the SC held that since the PC had the capacityto be sued2 any ?ud0ment a0ainst it could be enforced by a !rit of e8ecution2 and its funds couldeven be 0arnished.

P+B v C,&2 =" SC&' "; 1"#<=52 supra.

1not in V. V. MendozaEs revised outline5.1e5 Measure of recovery

Ghen property has been unla!fully ta9en by the 0overnment so that it is no! compelled toma9e payment2 the measure of recovery is the fair mar9et value of the property at the time of ta9in0 1Ministerio v C>,2 ;F SC&' ;3;5.

-he value of the peso in relation to the dollar at the time of ta9in0 cannot be considered.>or 'rt "4$F of the Civil Code concernin0 supervenin0 inflation has no application in eminentdomain cases2 bein0 applicable only to contractual obli0ations LCommissioner of Public i0h!aysv Bur0os2 #3 SC&' =" 1"#=F5. Ultimately2 the face value of the peso then is the amount to be paid no!.

P')* <"




'" 0overn2ent

". <overnment is that institution or a00re0ate of institutions by !hich an independentsociety ma9es and carries out those rules of action !hich are necessary to enable men to live in asocial state or !hich are imposed upon the people formin0 that society by those !ho possess the

po!er or authority of prescribin0 them. )overnment is the a00re0ate of authorities !hich rule asociety. 1US v /orr2 4 Phil 42 #5.

U.S. vs. /orr 14 Phil 45

>6 -he defendants !ere convicted upon a complaint char0in0 them !ith the offense of !ritin02 publishin02 and circulatin0 a scurrilous libel a0ainst the )overnment of the United States and the ,nsular )overnment of the Philippine ,slands. -he complaint is based upon Sec. = of 'ct +o. 4#4 of theCommission !hich punishes any person !ho shall Dutter seditious !ords or speeches2 !rite2 publish2 or circulate scurrilous libels a0ainst the U.S. )overnment or the ,nsular )overment of the Phil. ,slands2 or !hich tend to disturb or obstruct any la!ful officer in e8ecutin0 his office2 or !hich tend to insti0ateothers to cabal or meet to0ether for unla!ful purposes2 or !hich su00est or incite rebellious conspiracies

or riots2 or !hich tend to stir up the people a0ainst the unla!ful authorities 8 8 8D.-he alle0ed libel !as published as an editorial in the issue of the DManila >reedomD. -he articlementioned about the Dfoolish !or9 that the Civil Commission is doin0 all over the ,slandsD referrin0 tothe appointment by the latter of natives !hich !ere referred to as Dinsur0entsD and Dro0uesD to important)overnment positions.

,SSU*6 Ghether the publication constitutes an offense under Sec. = of 'C-. +o. 4#4

*/6 +. -he term D0overnmentD as employed in 'C- +o. 4#4 of the U.S. PhilippineCommission is used in the abstract sense of the e8istin0 political system as distin0uished from theconcrete or0anism of the )overnment. -he article in :uestion contains no attac9 upon the0overnmental system of the U.S.2 and it is :uite apparent that2 thou0h 0rossly abusive as respects both the Commission as a body and some of its individual members2 it contains no attac9 upon the

0overnmental system by !hich the authority of the U.S. is enforced in these islands. -he form of )overment by a Civil Commission and a Civil )overnor is not assailed. ,t is the character of themen !ho are instructed !ith the administration of the 0overnment that the !riter is see9in0 to brin0into disrepute. Adapted"

+ote on the case6

*dministration means the a00re0ate of those persons in !hose hands the reins of the 0ovtare for the time bein0 1entrusted.5

1not in VVEs outline5a. >unctions

Cruz6

-he 0ovt performs t!o 9inds of functions2 to !it2 the constituent and the ministrant.Constituent functions constitute the very bonds of society and are therefore compulsory.

888 Ministrant functions are those underta9en to advance the 0eneral interests of society2 such as public !or9s2 public charity2 and re0ulation of trade and industry. -hese functions are merelyoptional. 888

P')* <4




-o our SC2 ho!ever2 the distinction bet. constituent and ministrant functions is not relevantin our ?urisdiction. ,n PV-' v. C,&2 3$ SC&' ;"32 it reiterated the rulin0 in 'CC>' v. >ederationof abor Unions2 F SC&' 3;#2 that such distinction has been blurred bec. of the repudiation of the laissez faire policy in the Consti. 888

b. /octrine of Parens Patriae

Cruz6

ne of the important tas9s of the 0ovt is to act for the State as parens patriae2 or 0uardianof the ri0hts of the people. 888

-his prero0ative of parens patriae is inherent in the supreme po!er every State2 !hether that po!er is lod0ed in a royal person or in the le0islature2 and has no affinity to those arbitrary po!ers !hich are sometimes e8erted by irresponsible monarchs to the 0reat detriment of the peopleand the destruction of their liberties.

c. 0e Jure and 0e 4acto )overnments

Cruz6

' de 5ure 0ovt has ri0htful title but no po!er or control2 either bec. this has been!ithdra!n from it or bec. it has not yet actually entered into the e8ercise thereof. ' de facto 0ovt2on the other hand2 is a 0ovt of fact2 that is2 it actually e8ercises po!er or control but !@o le0al title.

-he three 9inds of de facto 0ovt are as follo!s61"5 -he 0ovt that 0ets possession and control of2 or usurps2 by force or by the voice of the

ma?ority2 the ri0htful le0al 0ovt and maintans itself a0ainst the !ill of the latter.145 -hat established as an independent 0ovt by the inhabitants of a country !ho rise in

insurrection a0ainst the parent state.15 -hat !hich is established and maintained by military forces !ho invade and occupy a

territory of the enemey in the course of !ar2 and !@c is denominated as a 0ovt of paramount force2li9e the Second &epublic of the Phils. established by the Japanese belli0erent.

-he characteristics of this 9ind of de facto 0ovt are61a5 ,ts e8istence is maintained by active military po!er !@in the territories2 and a0ainst the

ri0htful authority of an established and la!ful 0ovt.1b5 /urin0 its e8istence2 it must necessarily be obeyed in civil matters by private citizens

!ho2 by acts of obedience rendered in submission to such force2 do not become responsible2 as!ron0doers2 for those acts2 thou0h not !arranted by the la!s of the ri0htful 0ovt.

4. D)overnment of the PhilippinesD defined

<overnment of the !epublic of the Philippines is defined as Dthe corporate 0overnmentalentity throu0h !hich the functions of 0overnment are e8ercised throu0hout the Philippines2includin02 save as the contrary appears from the conte8t2 the various arms throu0h !hich politicalauthority is made effective in the Philippines2 !hether pertainin0 to the autonomous re0ions2 the provincial2 city2 municipal or baran0ay subdivisions or other form of local 0overnment.DL'dinistrative Code of "#=<2 Sec. 41"5.

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Case6 +'CC is a 0overnment entity or0anized to promote the coconut industry. ,n aliti0ation concernin0 +'CC2 the 0overnment counsel appeared for it and obtained a transcriptof steno0raphic notes. Under the &ules of Court2 the 0overnment is e8empted from payment of thetranscript. ,s +'CC part of the 0overnmentK

-he SC held that it is not because +'CC !as or0anized to perform ministrantfunctions.

But accordin0 to Confederation of )overnment *mployees v '0rarian &eform2 thedistinction bet!een the t!o functions of the 0overnment % constituent and ministrant % no lon0er holds under the "#$ Constitution2 !hich imposed a 0reater role on the 0overnment.

III" PRI)CIPLE* A)' POLICIE* O( T.E P.ILIPPI)E 0OVER)ME)T

1not in V.V. MendozaEs revised outline5Preamble

We4 t&e sovereign (ilipino people4 i2ploring t&e aid o+ Al2ig&t! 0od4 in order to,ild a <,st and &,2ane so%iet! and estalis& a govern2ent t&at s&all e2od! o,r ideals andaspirations4 pro2ote t&e %o22on good4 %onserve and develop o,r patri2on!4 and se%,re too,rselves and o,r posterit! t&e lessings o+ independen%e and de2o%ra%! ,nder t&e r,le o+ la# and a regi2e o+ tr,t&4 <,sti%e4 +reedo24 love4 e,alit!4 and pea%e4 do ordain andpro2,lgate t&is Constit,tion"

Ghile the "#$ Constitution started !ith D-he >ilipino people ...D 2 the "#< and "#=<Constitutions be0in the preamble !ith DGe2 the soverei0n >ilipino people ...D -he chan0e fromthird person point of vie! to a first person point of vie! emphasizes that the >ilipinos themselvesare the ones establishin0 the Constitution. -he third person presupposes someone tal9in0 about the>ilipino people2 and yet that someone is himself a >ilipino.

Ghile the "#$ and "#< Constitutions referred to the /ivine Providence2 the "#=<

Constitution refers 'lmi0hty )od2 !hich is more personal.

' preamble has t!o functions6 1"5 identify the authors of the Constitution2 and 145 state the0eneral principles upon !hich the Constitution is founded. 1Sets the tone for the succeedin0 provisions.5

'. Principles

,t is a standard to be observed because it is re:uired by ?ustice or fairness or other dimensions of morality

". Soverei0nty of its People and &epublicanism

Art" II4 *e%" 1" T&e P&ilippines is a de2o%rati% and rep,li%an *tate" *overeignt!resides in t&e people and all govern2ent a,t&orit! e2anates +ro2 t&e2"

Art" V" *U((RA0E"*e%" 1" *,++rage 2a! e e3er%ised ! all %iti5ens o+ t&e P&ilippines not ot&er#ise

dis,ali+ied ! la#4 #&o are at least eig&teen !ears o+ age4 and #&o s&all &ave resided in t&eP&ilippines +or at least one !ear and in t&e pla%e #&erein t&e! propose to vote +or at least si3

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2ont&s i22ediatel! pre%eding t&e ele%tion" )o litera%!4 propert!4 or ot&er s,stantivere,ire2ent s&all e i2posed on t&e e3er%ise o+ s,++rage"

*e%" 7" T&e Congress s&all provide a s!ste2 +or se%,ring t&e se%re%! and san%tit! o+ t&e allot as #ell as a s!ste2 +or asentee voting ! ,ali+ied (ilipinos aroad" T&e Congress s&all also design a pro%ed,re +or t&e disaled and t&e illiterates to vote

#it&o,t t&e assistan%e o+ ot&er persons" Until t&en4 t&e! s&all e allo#ed to vote ,nder e3isting la#s and s,%& r,les as t&e Co22ission on Ele%tions 2a! pro2,lgate to prote%t t&ese%re%! o+ t&e allot.

1not in VVEs outline5Art" VI4 *e%" 1" T&e legislative po#er s&all e vested in t&e Congress o+ t&e

P&ilippines #&i%& s&all %onsist o+ a *enate and a .o,se o+ Representatives4 e3%ept to t&ee3tent reserved to t&e people ! provision on initiative and re+erend,2"

Under this principle2 the Philippines is a democratic state that is2 a 0overnment for2 of2 and by the people. But it is not a pure democracy. -hus2 !hile it is true that the people are the possessors of soverei0n po!er2 it is e:ually the case that they cannot e8ercise the po!ers of 0overnment directly2 but only throu0h the medium of their duly elected representatives.

-heir participation in 0overnment consists of 6

"5 Suffra0e % electin0 the officials to !hom they dele0ate the ri0ht of 0overnment.

45 Plebiscitea5 ratifyin0 the Constitution b5 approvin0 any amendment theretoc5 !ith respect to local matters2 approvin0 any chan0es in boundaries2 mer0ers2

divisions2 and even abolition of local officesd5 creatin0 metropolitan authorities2 ande5 creatin0 autonomous re0ions

5 ,nitiative and referendum % enactin0 or proposin0 la!s2 local or national2 in areferendum.

;5 &ecall 1Under the ocal )overnment Code.5 Las added by Prof. Barlon0ay.

Barlon0ay6

>eatures of &epublicanism6

". ,t is a 0ovt of la!s and not of men74. -here is periodic holdin0 of elections7. -here is observance of principle of separation of po!ers and of chec9s and balances7;. -here is observance of the role that the le0islature cannot pass or enact irrepealable la!s.

4. 'dherence to ,nternational a!

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Preamble

We4 t&e sovereign (ilipino people4 i2ploring t&e aid o+ Al2ig&t! 0od4 in order to,ild a <,st and &,2ane so%iet! and estalis& a govern2ent t&at s&all e2od! o,r ideals and

aspirations4 pro2ote t&e %o22on good4 %onserve and develop o,r patri2on!4 and se%,re too,rselves and o,r posterit! t&e lessings o+ independen%e and de2o%ra%! ,nder t&e r,le o+ la# and a regi2e o+ tr,t&4 <,sti%e4 +reedo24 love4 e,alit!4 and pea%e4 do ordain andpro2,lgate t&is Constit,tion"

Art" II4 *e%" 7" T&e P&ilippines reno,n%es #ar as an instr,2ent o+ national poli%!4adopt t&e generall! a%%epted prin%iples o+ international la# as part o+ t&e la# o+ t&e land4 andad&eres to t&e poli%! o+ pea%e4 e,alit!4 <,sti%e4 +reedo24 %ooperation4 and a2it! #it& allnations"

D'dopts the 0enerally accepted principles of international la!D means the Philippines usesthe incorporation theory. Githout need of statute2 these principles of international la! become partof the Philippine body of la!s from the municipal point of vie!.

D'dherence to the principles of international la!D !as adopted from the Iello00 BrianPact.

Art" II4 *e%" ?" T&e *tate s&all p,rs,e an independent +oreign poli%!" In its relations#it& ot&er states4 t&e para2o,nt %onsideration s&all e national sovereignt!4 territorialintegrit!4 national interest4 and t&e rig&t to sel+ deter2ination"

Art" II4 *e%" " T&e P&ilippines4 %onsistent #it& t&e national interest4 adopts andp,rs,es a poli%! o+ +reedo2 +ro2 n,%lear #eapons in its territor!"

DConsistent !ith national interestD admits of t!o interpretations. ne vie! holds that theConstitution itself has decided to have no nuclear interest as the policy of the State. -he other vie!holds that2 as sho!n by the deliberations of the Constitutional Commission2 the phrase should beread as Dsub?ect to national interestD !hich means that the issue of !hether to allo! the stoc9% pilin0 of nuclear !eapons depends on Con0ressional policy .

,t is the intent and sense of the Constitutional Commission that the phrase Dconsistent !ithnational interestD 888 also means Dsub?ect to the national interest.D 1Joa:uin Bernas2 -*C+S-,-U-,+ > -* &*PUB,C > -* P,,PP,+*S ' Commentary2 vol. ,,2 "#==ed.5

Art" >VIII4 *e%" :" All e3isting treaties or international agree2ents #&i%& &ave noteen rati+ied s&all not e rene#ed or e3tended #it&o,t t&e %on%,rren%e o+ at least 78 o+ all t&e2e2ers o+ t&e *enate"

Art" >VIII4 *e%" 7;" A+ter t&e e3piration in 1991 o+ t&e Agree2ent et#een Rep,li%o+ t&e P&ilippines and United *tates o+ A2eri%a %on%erning Militar! $ases4 +oreign 2ilitar!ases4 troops4 or +a%ilities s&all not e allo#ed in t&e P&ilippines e3%ept ,nder a treat! d,l!%on%,rred in ! t&e *enate and4 #&en t&e Congress re,ires4 rati+ied ! a 2a<orit! o+ votes

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%ast ! t&e people in a national re+erend,2 &eld +or t&at p,rpose4 and re%ogni5ed as a treat!! t&e ot&er %ontra%ting parties"

-he reason !hy the a0reement must be reco0nized as a treaty by the other contractin0 stateis so it is approved by its o!n Senate2 and not ?ust by its President 1e8ecutive a0reement52 thus2

committin0 its le0islature to honor the a0reement and preventin0 it from refusin0 appropriationstherefore.

. Supremacy of Civilian 'uthority

Art" II4 *e%" 8" Civilian a,t&orit! is at all ti2es4 s,pre2e over t&e 2ilitar!" T&eAr2ed (or%es o+ t&e P&ilippines is t&e prote%tor o+ t&e people and t&e *tate" Its goal is tose%,re t&e sovereignt! o+ t&e *tate and t&e integrit! o+ t&at national territor!"

Art" VII4 *e%" 1" T&e President s&all e t&e Co22anderin C&ie+ o+ all ar2ed +or%eso+ t&e P&ilippines4 and #&enever it e%o2es ne%essar!4 &e 2a! %all o,t s,%& ar2ed +or%es toprevent or s,ppress la#less violen%e4 invasion or reellion" In %ase o+ invasion or reellion4#&en t&e p,li% sa+et! re,ires it4 &e 2a!4 +or a period not e3%eeding si3t! da!s4 s,spend t&eprivilege o+ t&e #rit o+ habeas corpus or pla%e t&e P&ilippines or an! part t&ereo+ ,nder2artial la#" Wit&in +ort!eig&t &o,rs +ro2 t&e pro%la2ation o+ 2artial la# or t&e s,spensiono+ t&e privilege o+ t&e #rit o+ habeas corpus4 t&e President s&all s,2it a report in person orin #riting to t&e Congress" T&e Congress4 voting <ointl!4 ! a vote o+ at least a 2a<orit! o+ allits Me2ers in reg,lar or spe%ial session4 2a! revoe s,%& pro%la2ation or s,spension4 #&i%&revo%ation s&all not e set aside ! t&e President" Upon t&e initiative o+ t&e President4 t&eCongress 2a!4 in t&e sa2e 2anner4 e3tend s,%& pro%la2ation or s,spension +or a period to edeter2ined ! t&e Congress4 i+ t&e invasion or reellion s&all persist and p,li% sa+et!re,ires it"

T&e Congress4 i+ not in session4 s&all #it&in t#ent!+o,r &o,rs +ollo#ing s,%&pro%la2ation or s,spension4 %onvene in a%%ordan%e #it& its r,les #it&o,t need o+ a %all"

T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled ! an! %iti5en4 t&e

s,++i%ien%! o+ t&e +a%t,al asis o+ t&e pro%la2ation o+ 2artial la# or t&e s,spension o+ t&eprivilege o+ t&e #rit or t&e e3tension t&ereo+4 and 2,st pro2,lgate its de%ision t&ereon #it&int&irt! da!s +ro2 its +iling"

A state o+ 2artial la# does not s,spend t&e operation o+ t&e Constit,tion4 nors,pplant t&e +,n%tioning o+ t&e %ivil %o,rts or legislative asse2lies4 nor a,t&orise t&e%on+er2ent o+ <,risdi%tion on 2ilitar! %o,rts and agen%ies over %ivilians #&ere %ivil %o,rts areale to +,n%tion4 nor a,to2ati%all! s,spend t&e privilege o+ t&e #rit"

T&e s,spension o+ t&e privilege s&all appl! onl! to persons <,di%iall! %&arged +orreellion or o++enses in&erent in or dire%tl! %onne%ted #it& invasion"

',ring t&e s,spension o+ t&e privilege o+ t&e #rit4 an! person t&,s arrested ordetained s&all e <,di%iall! %&arged #it&in t&ree da!s4 ot&er#ise &e s&all e released"

Art" >VI4 *e%" :" T&e Ar2ed (or%es o+ t&e P&ilippines s&all e %o2posed o+ a %iti5enar2ed +or%e #&i%& s&all ,ndergo 2ilitar! training and servi%e4 as 2a! e provided ! la#" Its&all eep a reg,lar +or%e ne%essar! +or t&e se%,rit! o+ t&e *tate"

Art" >VI4 *e%" ;" 1D All 2e2ers o+ t&e Ar2ed (or%es o+ t&e P&ilippines s&all tae anoat& or a++ir2ation to ,p&old and de+end t&e Constit,tion"

7D (he State shall strengthen the patriotic spirit and nationalist consciousness of themilitar#% and respect for people)s rights in the performance of their dut#&

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8D Pro+essionalis2 in t&e Ar2ed (or%es o+ t&e P&ilippines and ade,ate re2,nerationand ene+its o+ its 2e2ers s&all e a pri2e %on%ern o+ t&e *tate" T&e Ar2ed (or%es o+ t&eP&ilippines s&all e ins,lated +ro2 partisan politi%s"

)o 2e2er o+ t&e 2ilitar! s&all engage dire%tl! or indire%tl! in an! partisan politi%ala%tivit!"

:D No members of the rmed *orces of the Philippines in the acti$e ser$ice shall% at

an# time% be appointed or designated in an# capacit# to a ci$ilian position in the +o$ernment%including go$ernment'o"ned or controlled corporations or an# of their subsidiaries&

;D La#s on retire2ent o+ 2ilitar! o++i%ers s&all not allo# e3tension o+ t&eir servi%e"6D T&e o++i%ers and 2en o+ t&e reg,lar +or%e o+ t&e Ar2ed (or%es o+ t&e P&ilippines

s&all e re%r,ited proportionatel! +ro2 all provin%es and %ities as +ar as pra%ti%ale"?D T&e to,r o+ d,t! o+ t&e C&ie+ o+ *ta++ o+ t&e Ar2ed (or%es o+ t&e P&ilippines s&all

not e3%eed t&ree !ears" .o#ever4 in ti2es o+ #ar or ot&er national e2ergen%! de%lared ! t&eCongress4 t&e President 2a! e3tend s,%& to,r o+ d,t!"

1not in VVEs outline5*e%" 6" T&e *tate s&all estalis& and 2aintain one poli%e +or%e4 #&i%& s&all e national

in s%ope and %ivilian in %&ara%ter4 to e ad2inistered and %ontrolled ! a national poli%e%o22ission" T&e a,t&orit! o+ lo%al e3e%,tives over t&e poli%e ,nits in t&eir <,risdi%tion s&alle provided ! la#"

-he supremacy of civilian rule over the military is ensured by2 1i5 the installation of thePresident2 the hi0hest civilian authority2 as the commander%in%chief of the military2 1ii5 there:uirement that members of the '>P s!ear to uphold and defend the Constitution2 !hich is thefundamental la! of the civil 0overnment2 1iii5 the professionalization of the service and thestren0thenin0 of the patriotism and nationalism2 and respect for human ri0hts2 of the military2 1iv5insulation of the '>P from partisan politics2 1v5 prohibition a0ainst the appointment to a civil position2 1vi5 compulsory retirement of officers 1no over% stayin0 of officers52 so as to avoid propa0ation of po!er52 1vii5 a %year limitation on the tour of duty of the Chief of Staff2 !hichalthou0h e8tendible in case of emer0ency by the President2 depends on Con0ressional declaration of

emer0ency2 1viii5 re:uirement of professional recruitment2 so as to avoid any re0ional cli:ue fromformin0 !ithin the '>P2 as !ell as 1i85 the establishment of a police force that is not only civiliancharacter but also under the local e8ecutives.

;. )overnment as Protector of the People and People as /efenders of the State

Art" II *e%" :" T&e pri2e d,t! o+ t&e 0overn2ent is to serve and prote%t t&e people"T&e 0overn2ent 2a! %all ,pon t&e people to de+end t&e *tate and4 in t&e +,l+ill2ent t&ereo+4all %iti5ens 2a! e re,ired ,nder %onditions provided ! la#4 to render personal4 2ilitar! or%ivil servi%e"

Art" II4 *e%" ;" T&e 2aintenan%e o+ pea%e and order4 t&e prote%tion o+ li+e4 liert!4 andpropert!4 and t&e pro2otion o+ t&e general #el+are4 are essential +or t&e en<o!2ent ! all t&epeople o+ t&e lessing o+ de2o%ra%!"

+ote the emphasis on the 0overnment as servant of the people2 rather than vice%versa.

+ote also that the people may by la! are re:uired to render DpersonalD 1not pro8y5 militaryor civil service.

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$. Separation of Church and State

Art" II4 *e%" 6" T&e separation o+ t&e C&,r%& and *tate s&all e inviolale"

Art" III4 *e%" ;" )o la# s&all e 2ade respe%ting an estalis&2ent o+ religion4 orpro&iiting t&e +ree e3er%ise t&ereo+" T&e +ree e3er%ise and en<o!2ent o+ religio,s pro+essionand #ors&ip4 #it&o,t dis%ri2ination or pre+eren%e4 s&all +orever e allo#ed" )o religio,s tests&all e re,ired +or t&e e3er%ise o+ %ivil or politi%al rig&ts"

Art" I>4 C4 *e%" 7;D 333 Religio,s deno2inations and se%ts s&all not e registeredas a politi%al part!4 organi5ation4 or %oalition ! t&e COMELECD"

Art" VI4 *e%" ;7D T&e part!list representatives s&all %onstit,te t#ent! per centum o+ t&e total n,2er o+ representatives in%l,ding t&ose ,nder t&e part! list" (or t&ree %onse%,tiveter2s a+ter t&e rati+i%ation o+ t&is Constit,tion4 one&al+ o+ t&e seats allo%ated to t&e part!listrepresentatives s&all e +illed4 as provided ! la#4 ! sele%tion or ele%tion +ro2 t&e laor4peasant4 ,ran poor4 indigeno,s %,lt,ral %o22,nities4 #o2en4 !o,t&4 and s,%& ot&er se%torsas 2a! e provided ! la#4 e3%ept t&e religious sector "

*8ceptions6

Art" VI4 *e%" 78D" C&aritale instit,tions4 %&,r%&es4 parsonages or %onventsapp,rtenant t&ereto4 2os,es4 nonpro+it %e2eteries4 and all lands4 ,ildings4 andi2prove2ents4 a%t,all!4 dire%tl!4 and e3%l,sivel! ,sed +or religio,s4 %&aritale4 or ed,%ationalp,rposes s&all e e3e2pt +ro2 ta3ation"

*e%" 797D" )o p,li% 2one! or propert! s&all e appropriated4 applied4 paid ore2plo!ed dire%tl! or indire%tl!4 +or t&e ,se4 ene+it4 or s,pport o+ an! se%t4 %&,r%&4

deno2ination4 se%tarian instit,tion4 or s!ste2 o+ religion4 or o+ an! priest4 prea%&er4 2inister4or ot&er religio,s tea%&er4 or dignitar! as s,%&4 e3%ept #&en s,%& priest4 prea%&er4 2inister4 ordignitar! is assigned to t&e Ar2ed (or%es o+ t&e P&ilippines4 or an! penal instit,tion4 orgovern2ent orp&anage or leprosari,2"

Art" >IV4 *e%" 88D" At t&e option e3pressed in #riting ! t&e parents or g,ardians4religion s&all e allo#ed to e ta,g&t to t&eir %&ildren or #ards in p,li% ele2entar! and &ig&s%&ools #it&in t&e reg,lar %lass &o,rs ! instr,%tors designated or approved ! t&e religio,sa,t&orities o+ t&e religion to #&i%& t&e %&ildren or #ards elong4 #it&o,t additional %ost to t&e0overn2ent"

*e%" :7D" Ed,%ational instit,tions4 ot&er t&an t&ose estalis&ed ! religio,s gro,psand 2ission oards4 s&all e o#ned solel! ! %iti5ens o+ t&e P&ilippines or %orporations orasso%iations at least 6= o+ t&e %apital o+ #&i%& is o#ned ! s,%& %iti5ens" T&e Congress2a!4 &o#ever4 re,ire in%reased (ilipino e,it! parti%ipation in all ed,%ational instit,tions"

T&e %ontrol and ad2inistration o+ ed,%ational instit,tions s&all e vested in %iti5ens o+ t&e P&ilippines"

)o ed,%ational instit,tions s&all e estalis&ed e3%l,sivel! +or aliens and no gro,p o+ aliens s&all %o2prise 2ore t&an 18 o+ t&e enroll2ent in an! s%&ool" T&e provisions o+ t&iss,se%tion s&all not appl! to s%&ools estalis&ed +or +oreign diplo2ati% personnel and t&eirdependents and4 ,nless ot&er#ise provided ! la#4 +or ot&er +oreign te2porar! residents"

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-he classic case in separation of church and state is Pamil v -eleron2 !hich invalidated theselection to a local post of >r. )onza0a2 1note ho!ever2 that ecclesiastics are not prohibited fromrunnin0 for Con0ress5.

,t is difficult to dra! the line bet!een separation of Church and State. ,n *lizalde vVictoriano2 for instance2 a la! e8emptin0 members of ,0lesia ni Iristo from the re:uirement thatall employees must ?oin a union as condition for continued employment2 pursuant to a closed%shopa0reement in the CB'2 on the 0round that it is prohibited by their reli0ion2 !as held valid. >or althou0h the la! amounted to an establishment of reli0ion2 it !as li9e!ise promotin0 the freee8ercise thereof.

-he non%establishment clause is not violated2 ho!ever2 if the benefit derived by a reli0ionfrom the e8penditure of public funds is merely incidental to public purpose. -hus2 in '0lipay v&uiz2 the SC held that the stamps printed by the 0overnment to commemorate the rd,nternational *ucharistic Con0ress in Manila did not violate the separation of church and state2 because its main purpose !as to promote Manila as seat of the con0ress and thus to attract touriststo its 1the stamp sho!ed the map of the Philippines2 not a chalice5. +ot havin0 been inspired byany sectarian feelin0 to favor a denomination nor to benefit the &oman Catholic Church2 !hatever reli0ious character the stamp had !as only incidental and uncontemplated.

Ghile the Constitution mandates separation of Church and State throu0h 1"5 +on%*stablishment2 >ree *8ercise and +o &eli0ious -est clauses in the Bill of &i0hts2 1ii5 thedisallo!ance of the reli0ious sector from bein0 re0istered as a political party and from bein0appointed as sectoral representatives of Con0ress2 yet it allo!s e8ceptions to the rule.

1"5 -he e8emption of reli0ious institutions from ta8ation is a reco0nition that the Church isnot all separate from State2 for if they !ere really so2 the Church should be ta8ed by State li9e anyother entity.

145 Public funds2 !hile 0enerally prohibited from bein0 spent for reli0ious purposes as an

aspect of the +on% *stablishment clause2 may be applied to priest renderin0 reli0ious service to the'>P2 a penal institution2 or a 0overnment orphana0e or leprosarium. -he reason is the e8i0ency of the service. ,f members of the '>P had to 0o out of the barrac9s to attend to their spiritual needs2national security mi0ht be endan0ered7 if inmates !ere allo!ed to 0o out of ?ail to hear mass2 theymi0ht never return7 and if lepers !ere allo!ed out of the leprosarium2 they mi0ht contaminateothers.

-he 0eneral prohibition2 ho!ever2 does not apply to a priest !ho2 for instance2 teachesMathematics at UP2 for payment in this case is not for reli0ious activities but for teachin0 of asecular sub?ect.

15 -he permission to have optimal reli0ious instruction durin0 re0ular class hours upon!ritten re:uest of the parent or 0uardian2 to be tau0ht by a teacher approved by the authorities of the reli0ion of !hich the child is a member2 provided it is !ithout cost to the 0overnment is a ne! provision in the Constitution. Under the old 'dministrative Code2 the instruction could not be!ithin re0ular class hours. Under '$# of the Civil Code2 reli0ious instruction !ould even bemade part of the curriculum 1!ith 0rades and failin0 mar9s52 so lon0 as the parents as9 for it.

1;5 Gith the e8ception of sectarian schools2 all schools must be o!ned by citizens or 3FQ>ilipino corporations. -he control and administration of all schools2 includin0 sectarian schools2

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must be in the hands of >ilipinos. >urthermore2 they cannot be established e8clusively for aliens2and the alien population in the school should not e8ceed "@.

B. Policies

' polic" is a standard !hich sets out a 0oal to be reached2 0enerally an improvement ineconomic2 political or social feature of the community

". ,ndependent forei0n policy and a nuclear free Philippines

Art" II4 *e%" ?" T&e *tate s&all p,rs,e an independent +oreign poli%!" In its relations#it& ot&er states4 t&e para2o,nt %onsideration s&all e national sovereignt!4 territorialintegrit!4 national interest4 and t&e rig&t to sel+ deter2ination"

Art" II4 *e%" " T&e P&ilippines4 %onsistent #it& t&e national interest4 adopts andp,rs,es a poli%! o+ +reedo2 +ro2 n,%lear #eapons in its territor!"

Art" >VIII4 *e%" :" All e3isting treaties or international agree2ents #&i%& &ave noteen rati+ied s&all not e rene#ed or e3tended #it&o,t t&e %on%,rren%e o+ at least 78 o+ all t&e2e2ers o+ t&e *enate"

Art" >VIII4 *e%" 7;" A+ter t&e e3piration in 1991 o+ t&e Agree2ent et#een Rep,li%o+ t&e P&ilippines and United *tates o+ A2eri%a %on%erning Militar! $ases4 +oreign 2ilitar!ases4 troops4 or +a%ilities s&all not e allo#ed in t&e P&ilippines e3%ept ,nder a treat! d,l!%on%,rred in ! t&e *enate and4 #&en t&e Congress re,ires4 rati+ied ! a 2a<orit! o+ votes%ast ! t&e people in a national re+erend,2 &eld +or t&at p,rpose4 and re%ogni5ed as a treat!! t&e ot&er %ontra%ting parties"

4. ' Just and /ynamic Social rder

Preamble

""" in order to ,ild a <,st and &,2ane so%iet! and estalis& a 0overn2ent t&at s&alle2od! o,r ideals and aspirations4 pro2ote t&e %o22on good4 preserve and develop o,rpatri2on!4 and se%,re to o,rselves and o,r posterit! t&e lessings o+ independen%e andde2o%ra%!"""

Art" II4 *e%" 9" T&e *tate s&all pro2ote a just and d#namic social order t&at #illens,re t&e prosperit! and independen%e o+ t&e nation and +ree t&e people +ro2 povert!t&ro,g& poli%ies t&at provide ade,ate so%ial servi%es4 pro2ote +,ll e2plo!2ent4 a risingstandard o+ living4 and an i2proved ,alit! o+ li+e +or all"

Art" >II4 *e%" 1" T&e goals o+ t&e national e%ono2! are a 2ore e,itale distri,tiono+ opport,nities4 in%o2e4 #ealt&H a s,stained in%rease in t&e a2o,nt o+ goods and servi%esprod,%ed ! t&e nation +or t&e ene+it o+ t&e peopleH and an e3panding prod,%tivit! as t&e e!to raising t&e ,alit! o+ li+e +or all4 espe%iall! t&e ,nderprivileged"

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a. Promotion of social ?ustice

Barlon0ay6 -he "#=< Constitution2 compared to the "#$ and the "#< Constitution2 contains themost e8panded concept of Social Justice.

-he classic definition of Social Justice is found in Calalan0 vs. Gilliams2 <F P <432 !here

Justice aurel declared as follo!s6

DSocial Justice is Eneither communism2 nor despotism2 nor atomism2 nor anarchy2E but the humanization of la!s and the e:ualization of social and economicforces by the State so that ?ustice in its rational and ob?ectively secular conception may atleast be appro8imated. Social ?ustice means the promotion of the !elfare of all the people2 the adoption by the )overnment of measures calculated to insure economicstability of all the component elements of society2 throu0h the maintenance of a proper economic and social e:uilibrium in the interrelations of the members of the community2constitutionally2 throu0h the adoption of measures le0ally ?ustifiable2 or e8tra%constitutionally2 the e8ercise of po!ers underlyin0 the e8istence of all 0overnments onthe time%honored principle of salus populi est suprema le-.D

Art" II4 *e%" 1=" T&e *tate s&all pro2ote so%ial <,sti%e in all p&ases o+ nationaldevelop2ent"

Art" >III4 *e%" 1" T&e Congress s&all give &ig&est priorit! to t&e ena%t2ent o+ 2eas,res t&at prote%t and en&an%e t&e rig&t o+ all t&e people to &,2an dignit!4 red,%e so%ial4e%ono2i% and politi%al ine,alities4 and re2ove %,lt,ral ine,ities ! e,ital! di++,sing#ealt& and politi%al po#er +or t&e %o22on good"

To t&is end4 t&e *tate s&all reg,late t&e a%,isition4 o#ners&ip4 ,se4 and disposition o+ propert! and its in%re2ents"

Art" >III4 *e%" 7" T&e pro2otion o+ so%ial <,sti%e s&all in%l,de t&e %o22it2ent to

%reate e%ono2i% opport,nities ased on +reedo2 o+ initiative and sel+relian%e"

Art" II4 *e%" 76" T&e *tate s&all g,arantee e,al a%%ess to opport,nities +or p,li%servi%e4 and pro&iit politi%al d!nasties as 2a! e de+ined ! la#"

Art" VII4 *e%" 184 par" 7" T&e spo,se and relatives ! %onsang,init! or a++init! #it&int&e :t& %ivil degree o+ t&e President s&all not d,ring &is ten,re e appointed as Me2er o+ t&e Constit,tional Co22issions4 or t&e O++i%e o+ t&e O2,ds2an4 or as *e%retaries4Underse%retaries4 %&air2en or &eads o+ ,rea,s or o++i%es4 in%l,ding govern2ento#ned or%ontrolled %orporations"

1not in VVEs outline5

Art" I>4 $4 *e%" ?" )o ele%tive o++i%ial s&all e eligile +or appoint2ent or designationin an! %apa%it! to an! p,li% o++i%e or position d,ring &is ten,re"

Unless other!ise allo!ed by la! or by the primary functions of his position2 no appointiveofficial shall hold any other employment in the )overnment or any subdivision2 a0ency or instrumentality thereof2 includin0 0overnment o!ned or controlled corporations or subsidiaries.

-he President cannot hold any other post e8cept those allo!ed by the Constitution2 viz.21"5 Chairman of +*/'2 and 145 /epartment Secretary 1VV5.

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-he Vice%President can hold a cabinet seat !ithout need of confirmation.Members of the cabinet 1Secretaries and Undersecretaries56 Some are of the vie! that the

clause Dunless other!ise provided by la!D implies that !hen there is a la! allo!in0 so2 he may beappointed to any other 0overnment post2 even if not affiliated to his cabinet position. * 4=;limits the number of 0overnment posts of cabinet members to not more than 4. o!ever2 * 4=;

has been declared unconstitutional by the SC in the case of Civil iberties Union vs *8ecutiveSecretary 1"#; S "<5. -he prohibition ho!ever does not include positions held !ithout additionalcompensation in e8 officio capacities as provided by la! and as re:uired by the primary functionsof the concerned officialEs office. L>or further discussion2 see *8ecutive /ept.6 Prohibitions.

b. &espect for human di0nity and human ri0hts

Art" II4 *e%" 11" T&e *tate val,es t&e dignit! o+ ever! &,2an person and g,arantees+,ll respe%t +or &,2an rig&ts"

1not in VVEs revised outline5Art" >VI4 *e%" ;7D" T&e *tate s&all strengt&en t&e patrioti% spirit and nationalist

%ons%io,sness o+ t&e 2ilitar!4 and respe%t +or peopleKs rig&ts in t&e per+or2an%e o+ t&eir d,t!"

Art" >III4 *e%" 1?1D T&ere is &ere! %reated an independent o++i%e %alled t&e Co22ission on .,2an

Rig&ts"7D T&e Co22ission s&all e %o2posed o+ a C&air2an and +o,r Me2ers #&o 2,st

e nat,ralorn %iti5ens o+ t&e P&ilippines4 and a 2a<orit! o+ #&o2 s&all e 2e2ers o+ t&e$ar" T&e ter2 o+ o++i%e and ot&er ,ali+i%ations and disailities o+ t&e Me2ers s&all eprovided ! la#"

8D Until t&is Co22ission is %onstit,ted4 t&e e3isting Presidential Co22ission on.,2an Rig&ts s&all %ontin,e to e3er%ise its present +,n%tions and po#ers"

:D T&e approved ann,al appropriations o+ t&e Co22ission s&all e a,to2ati%all! and

reg,larl! released"

*e%" 1" T&e Co22ission on .,2an Rig&ts s&all &ave t&e +ollo#ing po#ers and+,n%tions-

1D Investigate on its o#n or on %o2plaint ! an! part! all +or2s o+ &,2an rig&tsviolations involving %ivil or politi%al rig&tsH

7D Adopt its operational g,idelines and r,les o+ pro%ed,re and %ite +or %onte2pt +orviolations t&ereo+ in a%%ordan%e #it& t&e R,les o+ Co,rtH

8D Provide appropriate legal 2eas,res +or t&e prote%tion o+ &,2an rig&ts o+ allperson #it&in t&e P&ilippines4 as #ell as (ilipinos residing aroad4 and provide +or preventive2eas,res and legal aid servi%es to t&e ,nderprivileged #&ose &,2an rig&ts &ave een violatedor need prote%tionH

:D E3er%ise visitorial po#ers over <ails4 prisons4 or detention +a%ilitiesH;D Estalis& a %ontin,ing progra2 o+ resear%&4 ed,%ation4 and in+or2ation to en&an%e

respe%t +or t&e pri2a%! o+ &,2an rig&tsH6D Re%o22end to Congress e++e%tive 2eas,res to pro2ote &,2an rig&ts and provide

+or4 %o2pensation to vi%ti2s o+ violations o+ &,2an rig&ts4 or t&eir +a2iliesH?D Monitor t&e 0overn2entKs %o2plian%e #it& international treat! oligations on

&,2an rig&tsH

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D 0rant i22,nit! +ro2 prose%,tion to an! person #&ose testi2on! or #&osepossession o+ do%,2ent or ot&er eviden%e is ne%essar! or %onvenient to deter2ine t&e tr,t& inan! investigation %ond,%ted ! it or ,nder its a,t&orit!H

9D Re,est t&e assistan%e o+ an! depart2ent4 ,rea,4 o++i%e4 or agen%! in t&eper+or2an%e o+ its +,n%tionsH

1=D Appoint its o++i%ers and e2plo!ees in a%%ordan%e #it& la#H and

11D Per+or2 s,%& ot&er d,ties and +,n%tions as 2a! e provided ! la#"

*e%" 19" T&e Congress 2a! provide +or ot&er %ases o+ violations o+ &,2an rig&ts t&ats&o,ld +all #it&in t&e a,t&orit! o+ t&e Co22ission taing into a%%o,nt its re%o22endation"

c. >undamental e:uality of !omen and men

Art" II4 *e%" 1:" T&e *tate re%ogni5es t&e role o+ #o2en in nation,ilding4 and s&allens,re t&e +,nda2ental e,alit! o+ 2en and #o2en e+ore t&e la#"

1the follo!in0 4 provisions are not in VVEs revised outline5Art" IV4 *e%" 17D in relation #it& *e%" :" T&e +ollo#ing are %iti5ens o+ t&e P&ilippines-3337D T&ose #&ose +at&ers or 2ot&ers are %iti5ens o+ t&e P&ilippines"

*e%" :" Citi5ens o+ t&e P&ilippines #&o 2arr! aliens s&all retain t&eir %iti5ens&ip4,nless ! t&eir a%t or o2ission t&e! are dee2ed ,nder t&e la#4 to &ave reno,n%ed it"

Art" >III4 *e%" 1:" T&e *tate s&all prote%t #oring #o2en ! providing sa+e and&ealt&+,l #oring %onditions4 taing into a%%o,nt t&eir 2aternal +,n%tions4 and s,%& +a%ilitiesand opport,nities t&at #ill en&an%e t&eir #el+are and enale t&e2 to reali5e t&eir +,ll potentialin t&e servi%e o+ t&e nation"

1not in VVEs revised outline5

Art" >III4 *e%" 11" T&e *tate s&all adopt an integrated and %o2pre&ensive approa%&to &ealt& develop2ent #&i%& s&all endeavor to 2ae essential goods4 &ealt& and ot&er so%ialservi%es availale to all t&e people at a++ordale %ost" T&ere s&all e priorit! +or t&e needs o+ t&e ,nderprivileged si%4 elderl!4 disaled4 "omen4 and %&ildren" T&e *tate s&all endeavor toprovide +ree 2edi%al %are to pa,pers"

1See also C' +o. "2 the +ational /efense 'ct5

ne si0nificant move to e:ualize men and !omen is in the area of citizenship. Under the"#$ Constitution2 a child born of a >ilipino mother became a >ilipino only upon election !hen hereached the a0e of ma?ority. -he "#< Constitution removed this sti0ma and made such born after "< January "#< a >ilipino !ithout the need of election. -he "#=< Constitution improved thesituation even more by 0rantin0 to those children born before "< January "#< !ho electedcitizenship2 !hether born before or after "< January "#<2 the status of natural%born citizens.

't the same time2 >ilipino !omen !ho by virtue of marria0e to an alien husband2 becamecitizens of their husbandEs country no lon0er lost her Philippine citizenship by that fact alone2 be0innin0 "< January "#<.

,n the area of labor it has been consistently held2 be0innin0 in the US !ith Sandy v re0on1 the court re:uirin0 the company to provide stools for !omen !or9ers in the factories52 that

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statutes 1Boo9 2 -itle ,,,2 Chapter , of the abor Code5 0rantin0 !omen better treatment by virtueof their maternal function !ere valid.

d. Promotion of health

Art" II4 *e%" 1;" T&e *tate s&all prote%t and pro2ote t&e rig&t to &ealt& o+ t&e peopleand instill &ealt& %ons%io,sness a2ong t&e2"

*e%" 16" T&e *tate s&all prote%t and advan%e t&e rig&t o+ t&e people to a alan%ed and&ealt&+,l e%olog! in a%%ord #it& t&e r&!t&2 and &ar2on! o+ nat,re"

Art" >III4 *e%" 11" T&e *tate s&all adopt an integrated and %o2pre&ensive approa%&to &ealt& develop2ent #&i%& s&all endeavor to 2ae essential goods4 &ealt& and ot&er so%ialservi%es availale to all t&e people at a++ordale %ost" T&ere s&all e priorit! +or t&e needs o+ t&e ,nderprivileged4 si%4 elderl!4 disaled4 #o2en and %&ildren" T&e *tate s&all endeavor toprovide +ree 2edi%al %are to pa,pers"

*e%" 17" T&e *tate s&all estalis& and 2aintain an e++e%tive +ood and dr,g reg,lator!s!ste2 and ,ndertae appropriate &ealt& 2anpo#er develop2ent and resear%&4 responsive tot&e %o,ntr!Ks &ealt& needs and prole2s"

*e%" 18" T&e *tate s&all estalis& a spe%ial agen%! +or disaled persons +or t&eirre&ailitation4 sel+develop2ent and sel+relian%e4 and t&eir integration to t&e 2ainstrea2 o+ so%iet!"

e. Priority of education2 science2 technolo0y2 arts2 culture and sports 1*S-'CS5

Art" II4 *e%" 1?" T&e *tate s&all give priorit! to ed,%ation4 s%ien%e4e te%&nolog!4 arts4

%,lt,re and sports to +oster patriotis2 and nationalis24 a%%elerate so%ial progra2s4 andpro2ote total &,2an lieration and develop2ent"

Art" >IV4 *e%" 1" T&e *tate s&all prote%t and pro2ote t&e rig&t o+ all %iti5ens to,alit! ed,%ation at all levels and s&all tae appropriate steps to 2ae s,%& ed,%ationa%%essile to all"

Students have the constitutional ri0ht not only to education but to a :uality education2 upto the secondary level2 for free. But this is sub?ect to the ri0ht of the school to impose reasonableacademic standards2 and to ma9e education available only on the basis of merit.

,n Villar v -echnolo0ical ,nstitute of the Philippines2 "$ SC&' <F3 1"#=$52 a caseinvolvin0 the denial of enrollment of student activists !ho too9 part in demonstrations and massactions2 and !ho2 at the same time incurred scholastic deficiencies. -he Court held that participation in mass actions per se is not a valid 0round for dismissal2 but that failure in academicsub?ects pursuant to school re0ulations !as a valid 0round. >or !hile the ri0ht to education is asocial2 economic and cultural ri0ht2 it is available only Don the basis of merit.D

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,n -a0onan v Cruz Pano2 "< SC&' 4;$ 1"#=$52 a case of a nursin0 student !ho !asdenied readmission after she failed a sub?ect durin0 her previous provisional admission 1and her inability to ta9e this sub?ect in another school after she tried to bribe the /ean of that school52 theSC a0ain upheld the ri0ht of schools of hi0her learnin0 to choose the students !hich it thin9s could best achieve their 0oal of e8cellence and truth2 !hile affirmin0 the ri0ht of students to :ualityeducation.

B'&+)'Y C'S*6

/epartment of *ducation2 Culture and Sports v. San /ie0o2 "=F SC&' $ 1"#=#5

>6 -he private resp. is a 0raduate of U* !@ a de0ree of BS Ooolo0y. -he petitioner claims that he too9 the +M'- times and flun9ed it as many times. Ghen he applied to ta9e it a0ain2 the petitioner re?ectedhis application on the basis of the rule allo!in0 only chances for a student to ta9e the +M'-. e then!ent to the &-C%Valenzuela to compel his admission to the test.

888 By a0reement of the parties2 pvt. resp. !as allo!ed to ta9e the +M'- on ;@"3@=# sub?ect tothe outcome of his petition. 888

'fter the hearin02 the resp. ?ud0e rendered a decision declarin0 the challen0ed order invalid and

0rantin0 the petition on the 0round that the petitioner had been deprived of her ri0ht to pursue a medicaleducation throu0h an arbitrary e8ercise of the police po!er.

*/6 Ge cannot sustain the resp. ?ud0e. er decision must be reversed.,n -ablarin v. )utierrez2 "$4 SC&' <F2 this Court upheld the constitutionality of the

+M'- as a measure intended to limit the admission to medical schools only to those !ho haveinitially proved their competence and preparation for a medical education.

888Ge see no reason !hy the rationale in the -ablarin case cannot apply to the case at bar.

-he issue raised in both cases is the academic preparation of the applicant. -his may be 0au0ed atleast initially by the admission test and2 indeed !@ more reliability2 by the %flun9 rule.

2-ercise of Police Power.%% -he po!er is validly e8ercised if 1a5 the interests of the

public 0enerally2 as distin0uished from those of a particular class2 re:uire the interference of theState2 and 1b5 the means employed are reasonably necessary to the attainment of the ob?ect sou0htto be accomplished and not unduly oppressive upon individuals. ,n other !ords2 the proper e8ercise of the police po!er re:uires the concurrence of a lawful sub5ect and a lawful method .

-he sub?ect of the challen0ed re0ulation is !@in the ambit of the police po!er. ,t is theri0ht and indeed the responsibility of the State to insure that the medical profession is not infiltrated by incompetents. 888

-he method employed by the re0ulation is not irrelevant to the purpose of the la! nor is itarbitrary or oppressive. -he %flun9 rule is intended to insulate the medical schools and ultimatelythe medical profession from the intrusion of those not :ualified to be doctors.

The right to 1ualit" education is not absolute. -he Constitution also provides that Devery

citizen has the ri0ht to choose a profession or course of study2 sub?ect to fair2 reasonable ande:uitable admission and academic re:uirements.

The challenged regulation does not violate the e1ual protection clause. ' la! does nothave to operate !@ e:ual force on all persons or thin0s to be conformable to the e:ual protectionclause.

-here can be no :uestion that a substantial distinction e8ists bet. medical students andother students !ho are not sub?ected to the +M'- and the %flun9 rule. -he medical profession

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directly affects the very lives of the people2 unli9e other careers !@c2 for this reason2 do not re:uiremore vi0ilant re0ulation.

-here !ould be une:ual protection if some applicants !ho have passed the tests areadmitted and others !ho have also :ualified are denied entrance. ,n other !ords2 !hat the e:ual protection re:uires is e:uality amon0 e:uals. RAM"

f. Urban land reform and housin0

Art" >III4 *e%" 9" T&e *tate s&all ! la#4 and +or t&e %o22on good4 ,ndertae in%ooperation #it& t&e private se%tor4 a %ontin,ing progra2 o+ ,ran land re+or2 and &o,sing#&i%& #ill 2ae availale at a++ordale %ost4 de%ent &o,sing and asi% servi%es to,nderprivileged and &o2eless %iti5ens in ,ran %enters and resettle2ent areas" It s&all alsopro2ote ade,ate e2plo!2ent opport,nities to s,%& %iti5ens" In t&e i2ple2entation o+ s,%&progra24 t&e *tate s&all respe%t t&e rig&ts o+ s2all propert! o#ners"

*e%" 1=" Uran or r,ral poor d#ellers s&all not e evi%ted nor t&eir d#ellingsde2olis&ed4 e3%ept in a%%ordan%e #it& la# and in a <,st and &,2ane 2anner"

)o resettle2ent o+ ,ran or r,ral d#ellers s&all e ,ndertaen #it&o,t ade,ate%ons,ltation #it& t&e2 and t&e %o22,nities #&ere t&e! are to e relo%ated"

-he limitations to the po!er of the State in this re0ard6

". &espect for the ri0hts of property o!ners.

4. ,n the case of resettlement2 said pro0ram must be !ith the permission of the persons to beresettled2 and the community to !hich they !ould be resettled.

0. &eform in a0riculture and other natural resources

Art" II4 *e%" 71" T&e *tate s&all pro2ote %o2pre&ensive r,ral develop2ent andagrarian re+or2"

Art" >III4 *e%" :" T&e *tate s&all4 ! la#4 ,ndertae an agrarian re+or2 progra2+o,nded on t&e rig&t o+ +ar2ers and reg,lar +ar2#orers4 #&o are landless4 to o#n dire%tl! or%olle%tivel! t&e lands t&e! till or4 in %ase o+ ot&er +ar2#orers4 to re%eive a <,st s&are o+ t&e+r,its t&ereo+" To t&is end4 t&e *tate s&all en%o,rage and ,ndertae t&e <,st distri,tion o+ agri%,lt,ral lands4 s,<e%t to s,%& priorities and reasonale retention li2its as Congress 2a!prese%rie4 taing into a%%o,nt e%ologi%al4 develop2ental4 or e,it! %onsiderations4 ands,<e%t to t&e pa!2ent o+ <,st %o2pensation" In deter2ining retention li2its4 t&e *tate s&allrespe%t t&e rig&t o+ s2all lando#ners" T&e *tate s&all +,rt&er provide in%entives +or vol,ntar!lands&aring"

*e%" ;" T&e *tate s&all re%ogni5e t&e rig&t o+ +ar2ers4 +ar2#orers4 and lando#ners4as #ell as %ooperatives4 and ot&er independent +ar2ersK organi5ations to parti%ipate in t&eplanning4 organi5ation4 and 2anage2ent o+ t&e progra24 and s&all provide s,pport toagri%,l,t,re t&o,rg& approrpriate te%&nolog! and resear%&4 and ade,ate +inan%ial4prod,%tion4 2areting4 and ot&er s,pport servi%es"

*e%" 6" T&e *tate s&all appl! t&e prin%iples o+ agragian re+or2 or ste#ars&ip4#&enever appli%ale in a%%ordan%e #it& la#4 in t&e disposition or ,tili5ation o+ ot&er nat,ral

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reso,r%es4 in%l,ding lands o+ t&e p ,li% do2ain ,nder lease or %on%ession s,itale toagri%,lt,re4 s,<e%t to prior rig&ts4 &o2estead rig&ts o+ s2all settlers4 and t&e rig&ts o+ indigeno,s %o22,nities to t&eir an%estral lands"

T&e *tate 2a! resettle landless +ar2ers and +ar2#orers in its o#n agri%,lt,ralestates #&i%& s&all e distri,ted to t&e2 in t&e 2anner provided ! la#"

*e%" ?" T&e *tate s&all prote%t t&e rig&ts o+ s,sisten%e +is&er2en4 e3pe%iall! o+ lo%al%o22,nities4 to t&e pre+erential ,se o+ t&e %o22,nal 2arine and +is&ing reso,r%es4 ot&inland and o++s&ore" It s&all provide s,pport to s,%& +is&er2en t&ro,g& appropriatete%&nolog! and resear%&4 ade,ate +inan%ial4 prod,%tion4 and 2areting assistan%e4 and ot&erservi%es" T&e *tate s&all also prote%t4 develop4 and %onserve s,%& reso,r%es" T&e prote%tions&all e3tend to o++s&ore +is&ing gro,nds o+ s,sisten%e +is&er2en against +oreign intr,sion"(is&#orers s&all re%eive a <,st s&are +ro2 t&eir laor in t&e ,tili5ation o+ 2arine and +is&ingreso,r%es"

*e%" " T&e *tate s&all provde in%entives to lando#ners to invest t&e pro%eeds o+ t&eagrarian re+or2 progra2 to pro2ote ind,striali5ation4 e2plo!2ent %reation4 andprivati5ation o+ p,li% se%tor enterprises" (inan%ial instr,2ents ,sed as pa!2ent +or t&eirlands s&all e &onored as e,it! in enterprises o+ t&eir %&oi%e"

-he basic philosophy behind a0rarian reform is Dland to the tillerD if one is a re0ular farm!or9er and Dprofit sharin0D in other cases. But D?ust compensationD and a Dreasonable retentionlimitD are 0uaranteed the land o!ner.

Common limitations to land reform 1urban or a0rarian56,t must not impair the ri0hts of small a0ricultural land o!ners2 small homestead settlers2

and small property o!ners7-he idea of reform is to benefit the poor and other peasants and the landless. ,t !ould

therefore2 be self%defeatin0 for the Constitution to ma9e no reservation in favor of small propertyo!ners and homestead settlers.

-he basic philosophy behind other natural resources is the principle of Dste!ardshipD %%%anyone !ho is 0iven the chance to cultivate public land must use in trust for the succeedin00enerations2 and so must e8ercise prudence in its use.

h. Protection of labor

Art" II" *e%" 1" T&e *tate a++ir2s laor as a pri2ar! so%ial e%ono2i% +or%e" It s&allprote%t t&e rig&ts o+ #orers and pro2ote t&eir #el+are"

Art" >III4 *e%" 8" T&e *tate s&all a++ord +,ll prote%tion to laor4 lo%al and overseas4organi5ed and ,norgani5ed4 and pro2ote +,ll e2plo!2ent and e,alit! o+ e2plo!2ent opport,nities +or all"

It s&all g,arantee t&e rig&ts o+ all #orers to sel+ organi5ation4 %olle%tive argainingand negotiations4 and pea%e+,l %on%erted a%tivities4 in%l,ding t&e rig&t to strie in a%%ordan%e#it& la#" T&e! s&all e entitle to se%,rit! o+ ten,re4 &,2ane %onditions o+ #or4 and living#age" T&e! s&all also parti%ipate in poli%! and de%ision2aing pro%ess a++e%ting t&e rig&tsand ene+its as 2a! e provided ! la#"

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T&e *tate s&all pro2ote t&e prin%iple o+ s&ared responsiilit! et#een #orers ande2plo!ers and t&e pre+erential ,se o+ vol,ntar! 2odes in settling disp,tes in%l,ding %on%iliation4 and s&all en+or%e t&eir 2,t,al %o2plian%e t&ere#it& to +oster ind,strial pea%e"

T&e *tate s&all reg,late t&e relations et#een #orers and e2plo!ers4 re%ogni5ing t&erig&t o+ laor to its <,st s&are in t&e +r,its o+ prod,%tion and t&e rig&t o+ enterprises toreasonale ret,rns on invest2ents4 and to e3pansion and gro#t&"

-he basic philosophy behind labor is shared responsibility and the preferential use of voluntary and peaceful for the settlement of disputes.

-he ri0ht of 0overnment !or9ers to form unions

Art" III4 *e%" " T&e rig&t o+ people4 in%l,ding t&ose e2plo!ed in t&e p,li% andprivate se%tors4 to +or2 ,nions4 asso%iations or so%ieties +or p,rposes not %ontrar! to la# s&allnot e aridged"

Art" I>4 $4 *e%" 7;D" T&e rig&t o+ sel+organi5ation s&all not e denied to govern2ente2plo!ees"

1not in VVEs revised outline5*e%" 71D" T&e %ivil servi%e e2ra%es all ran%&es4 s,divisions4 instr,2entalities4 and

agen%ies o+ t&e 0overn2ent4 in%l,ding govern2ento#ned or %ontrolled %orporations #it&original %&arters"

-he ri0ht of 0overnment !or9ers to form unions is undisputed under 'rt ,,,1=5 of theConstitution. 1-his provision is even misplaced since the Bill of &i0hts only covers civil and politi%cal ri0hts.5 -he problem is !hether they have the ri0ht to stri9e.

-hose !ho hold the ne0ative vie! say that the ri0ht to self% or0anization is mentioned in

'rt ,,,1=5 separately from the ri0ht to stri9e in 'rt H,,,15. ,f it is included2 there !ould be no needto e8plicate the t!o anymore.

But those !ho hold the affirmative vie! say that althou0h the Constitution does note8plicitly 0rant it2 Con0ress can al!ays 0rant the ri0ht to 0overnment !or9ers. -he Constitutiondoes not prohibit it in 'rt ,,,1=5 in the phrase Dfor purposes not contrary to la!D. Besides the ri0htto self%or0anization is rendered nu0atory !ithout the coercive tool of stri9e 1!hich is true becausethe stri9e at issue is only the economic stri9e2 not the UP stri9e5.

,t must be noted that the SC ruled in 'lliance of )overnment Gor9ers v Minister of abor2"4; SC&' "2 under the "#< Constitution2 that 0overnment !or9ers cannot ne0otiate for terms andcondition of employment2 for these are a matter of la!. -heir remedy is to report to their o!nheads and to convince Con0ress to enact the desired la!.

Said the Court6 Civil servants are entitled to form societies for purposes not contrary tola!. But to form an association is one thin02 and to use such association for the coercive measureof 0oin0 on stri9e and bar0ainin0 !ith the 0overnment so as to pressure it into complyin0 !ith their demands2 is another.

,n +' v Juco 1"; SC&' "<452 the SC held that those in the 0overnment service cannot bar0ain collectively as private !or9ers because they are 0overned by the Civil Service a!. ,t also

P')* =#




held that all 0ovt%o!ned or controlled corporations re0ardless of their manner of creation2 !erecovered by the Civil Service.

,n interpretin0 the rulin0 in the above cases2 !e have to distin0uish bet!een t!o 9inds of 0overnment corporations in accordance !ith 'rt. ,H2 B2 Sec. 41"56 a5 those !hich !ere or0anized!ith special charters2 in case the employees are 0overned by the Civil Service a! and ar0uably by

the SC rulin0 in 'lliance2 and b5 those !hich !ere or0anized pursuant to the 0eneral la!1Corporation Code52 in !hich case their employees can !ithout doubt bar0ain collectively and 0oon stri9e.

-he 0rant of the ri0ht to form unions is a social economic ri0ht included for the first timein the Constitution. Previously2 only political and civil ri0hts !ere 0uaranteed 0overnmentemployees.

uestion 6 /oes the ri0ht to self%or0anization 0iven to 0ovt. employees include the ri0ht to stri9eK

SSS *mployees 'ssn vs C'2 "<$ SC&' 3=3 1"#=#5

>6 SSS filed !@ the &-C%C a complaint for dama0es !@ a prayer for a !rit of prel in?. a0ainst petitionersSSS*'2 alle0in0 that the officers and members of the latter sta0ed an ille0al stri9e and barricaded theentrances to the SSS buildin0 preventin0 non%stri9in0 employees from reportin0 to !or9 and SSSmembers from transactin0 business !@ SSS. -he Public Sector abor%Mana0ement Council ordered thestri9ers to return to !or9 but the stri9ers refused to do so. -he SSS*' !ent on stri9e bec. SSS failed toact on the unionEs demands.

Petitioners filed a motion to dismiss the complaint for lac9 of ?urisdiction2 !@c motion !asdenied. -he restrainin0 order !@c !as previously issued !as converted into an in?unction after findin0 thestri9e ille0al. Petitioners appealed the case to the C'. -he latter held that since the employees of SSS are0ovt employees2 they are not allo!ed to stri9e.

*/6 *mployees in the Civil Service may not resort to stri9es2 !al9outs and other temporary!or9 stoppa0es2 li9e !or9ers in the private sector2 in order to pressure the )ovt. to accede to their

demands. 's no! provided under Sec. ;2 &ule ,,, of the &ules and &e0ulations to )overn the*8ercise of the &i0ht of )ovt. **s to Self%r0anization !hich too9 effect after the initial disputearose2 the terms and conditions of employment in the )ovt2 includin0 any political subdivision or instrumentality thereof and 0ovt. o!ned and controlled corporations !ith ori0inal charters2 are0overned by la! and employees therein shall not stri9e for the purpose of securin0 chan0esthereof.

-he statement of the court in 'lliance of )ovt Gor9ers v. Minister of abor and*mployment 1"4; SC&' "5 is relevant as it furnishes the rationale for distin0uishin0 bet. !or9ersin the private sector and 0ovt employees !@ re0ard to the ri0ht to stri9eK

ince the terms and conditions of govt. emplo"ment are fi-ed b" law( govt.workers cannot use the same weapons emplo"ed b" workers in the private sector to

secure concessions from their emplo"ers. -he principle behind labor unionism in private industry is that industrial peace cannot be secured throu0h compulsion of la!.&elations bet. private employers and their employees rest on an essentially voluntary basis. Sub?ect to the minimum re:uirements of !a0e la!s and other labor and !elfarele0islation2 the terms and conditions of employment in the unionized private sector aresettled throu0h the process of collective bar0ainin0. ,n 0ovt employment2 ho!ever2 it isthe le0islature and2 !here properly 0iven dele0ated po!er2 the administrative heads of 0ovt !@c fi8 the terms and conditions of employment. 'nd this is effected throu0hstatutes or administrative circulars2 rules2 and re0ulations2 not throu0h CB'Es

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* "=F2 !@c provides 0uidelines for the e8ercise of the ri0ht to or0anize of 0ovtemployees2 !hile clin0in0 to the same philosophy2 has2 ho!ever2 rela8ed the rule to allo!ne0otiation !here the terms and conditions of employment involved are not amon0 those fi8ed byla!.

)ovt employees may2 therefore2 throu0h their unions or associations2 either petition the

Con0ress for the betterment of the terms and conditions of employment !hich are !@in the ambit of le0islation or ne0otiate !@ the appropriate 0ovt a0encies for the improvement of those !@ are notfi8ed by la!. ,f there be any unresolved 0rievances2 the dispute may be referred to the PublicSector abor%Mana0ement Council for appropriate action. RAM"

B'&+)'Y C'S*6

Manila Public School -eachers 'ssociation v. a0uio2 4FF SC&' 4

>6 n September "<2 "##F2 Monday2 at least =FF public school teachers proceeded to the nationaloffice of the /*CS and aired their 0rievances. -he mass action continued into the !ee9 despite the /*CSSecretaryEs &*-U&+ - G&I order. -he Secretary filed administrative char0es a0ainst the protestin0

teachers. -he Secretary rendered the :uestioned decisions in the administrative proceedin0. e dismissedsome teachers and placed others in under suspension. -!o separate petitions !ere filed to assail thevalidity of the return to !or9 order and his decisions in the administrative proceedin0.

,SSU*6 G*-*& & +- -* M'SS 'C-,+S '&* C+S,/*&*/ 'S S-&,I*SK

*/6 Yes. -he mass actions constituted a concerted and unauthorized stoppa0e of2 or absencefrom !or92 !hich it !as the teachersE duty to perform2 underta9en for essentially economicreasons.

,SSU*6 G*-*& & +- PUB,C SC -*'C*&S C'+ S-&,I*K

*/6 +o. *mployees of the public service do not have the ri0ht to stri9e althou0h they have theri0ht to self or0anization and ne0otiate !ith appropriate 0overnment a0encies for the improvementof !or9in0 conditions.

,SSU*6 G*-*& & +- /U* P&C*SS G'S BS*&V*/ /U&,+) -*'/M,+,S-&'-,V* P&C**/,+)SK*/6 -his court is a court of last resort. ,t resolves :uestions of la! !here there is no dispute of the facts or that the facts have been already determined by the lo!er tribunals. ,t is not a trier of facts. ,t can not resolve the issue !hich re:uires the establishment of some facts. -he remedy is for the petitioners to participate in the administrative proceedin0s. ,f they lost2 they may appeal to theCivil Service Commission. ,f pendin0 said administrative proceedin0s2 immediate recourse to ?udicial authority !as believed necessary2 recourse is !ith the &-C !here there !ould beopportunity to prove relevant facts. Adapted"

i. ,ndependent PeopleEs r0anizations

Art" II4 *e%" 78" T&e *tate s&all en%o,rage non govern2ental4 %o22,nit!ased4 orse%toral organi5ations t&at pro2ote t&e #el+are o+ t&e nation"

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Art" >III4 *e%" 1;" T&e *tate s&all respe%t t&e role o+ independent peopleKsorgani5ations to enale t&e people to p,rs,e and prote%t4 #it&in t&e de2o%rati% +ra2e#or4t&eir legiti2ate and %olle%tive interests and aspirations t&ro,g& pea%e+,l and la#+,l 2eans"

PeopleKs organi5ations are ona +ide asso%iations o+ %iti5ens #it& de2onstrated%apa%it! to pro2ote t&e p,li% interest and #it& identi+iale leaders&ip4 2e2ers&ip andstr,%t,re"

*e%" 16" T&e rig&t o+ t&e people and t&eir organi5ations to e++e%tive and reasonaleparti%ipation at all levels o+ so%ial4 politi%al4 and e%ono2i% de%ision2aing s&all not earidged" T&e *tate4 s&all ! la#4 +a%ilitate t&e estalis&2ent o+ ade,ate %ons,ltation2e%&anis2s"

-his is in reco0nition of peopleEs po!er2 aside from the provision on initiative andreferendum.

. >amily as a Basic 'utonomous Social ,nstitution

Art" II4 *e%" 17" T&e *tate re%ogni5es t&e san%tit! o+ +a2il! li+e and s&all prote%t andstrengt&en t&e +a2il! as a asi% a,tono2o,s so%ial instit,tion" It s&all e,all! prote%t t&e li+eo+ t&e 2ot&er and t&e li+e o+ t&e ,norn +ro2 %on%eption" T&e nat,ral and pri2ar! rig&t andd,t! o+ parents in t&e rearing o+ t&e !o,t& +or %ivi% e++i%ien%! and t&e develop2ent o+ 2oral%&ara%ter s&all re%eive t&e s,pport o+ t&e 0overn2ent"

-his provision seems to be the basis of an ar0ument that abortion is prohibited by theConstitution. ,t mi0ht also be the basis of a stand a0ainst family plannin0. -he root of the problem2 of course2 is the determination of !hen life be0ins.

-he ri0ht of parents to rear their children is the only natural ri0ht reco0nized by theConstitution. -his is a declaration that the State does not espouse fascism !hich holds that theState o!ns the life of everyone.

Art" >V4 *e%" 1" T&e *tate re%ogni5es t&e (ilipino +a2il! as t&e +o,ndation o+ t&enation" A%%ordingl!4 it s&all strengt&en its solidarit! and a%tivel! pro2ote its develop2ent"

*e%" 7" Marriage4 as an inviolale so%ial instit,tion4 is t&e +o,ndation o+ t&e +a2il!and s&all e prote%ted ! t&e *tate"

Some cite this provision as the basis of a stand a0ainst divorce. 'nd yet not really. -he phrase D inviolable social institution2D !as lifted from 'rt. $4 of the Civil code2 and under thatCode2 divorce !as part of the proposed draft submitted to Con0ress by the Code Commission and!as almost approved if not for reasons other than compatibility !ith 'rt. $4.

*e%" 8" T&e *tate s&all de+end-1D T&e rig&t o+ spo,ses to +o,nd a +a2il! a%%ording to t&eir religio,s %onvi%tions and

t&e de2ands o+ responsile parent&oodH7D T&e rig&t o+ %&ildren to assistan%e4 in%l,ding proper %are and n,trition4 and spe%ial

prote%tion +ro2 all +or2s o+ negle%t4 a,se4 %r,elt!4 e3ploitation and ot&er %onditions pre<,di%ial to t&eir develop2entH

8D T&e rig&t o+ t&e +a2il! to a +a2il! living #age and in%o2eH and:D T&e rig&t o+ +a2ilies or +a2il! asso%iations to parti%ipate in t&e planning and

i2ple2entation o+ poli%ies and progra2s t&at a++e%t t&e2"

P')* #4




*e%" :" T&e +a2il! &as t&e d,t! to %are +or its elderl! 2e2ers ,t t&e *tate 2a! alsodo so t&ro,g& <,st progra2s o+ so%ial se%,rit!"

Art" II4 *e%" 18" T&e *tate re%ogni5es t&e vital role o+ !o,t& in nation,ilding ands&all pro2ote and prote%t t&eir p&!si%al4 2oral4 spirit,al4 intelle%t,al and so%ial #elleing" Its&all in%,l%ate in t&e !o,t& patriotis2 and nationalis24 and en%o,rage t&eir involve2ent in

p,li% and %ivil a++airs"

Art" ;7" Marriage is not a 2ere %ontra%t ,t an inviolale so%ial instit,tion" Itsnat,re4 %onse,en%e and in%idents are governed ! la# and not s,<e%t to stip,lation4 e3%eptt&at t&e 2arriage settle2ents 2a! e to a %ertain e3tent +i3 t&e propert! relations d,ring t&e2arriage" Civil Code"D

Art" 1" Marriage is a spe%ial %ontra%t o+ per2anent ,nion et#een a 2an and a#o2an entered into in a%%ordan%e #it& la# +or t&e estalis&2ent o+ %on<,gal and +a2il! li+e"It is t&e +o,ndation o+ t&e +a2il! and an inviolale so%ial instit,tion #&ose nat,re4%onse,en%es4 and in%idents are governed ! la# and not s,<e%t to stip,lation4 e3%ept t&at2arriage settle2ents 2a! +i3 t&e propert! relations d,ring t&e 2arriage #it&in t&e li2itsprovided ! t&is Code" (a2il! Code"D

;. Self%&eliant and ,ndependent *conomic rder

Art" II4 *e%" 19" T&e *tate s&all develop a sel+reliant and independent nationale%ono2! e++e%tivel! %ontrolled ! (ilipinos"

*e%" 7=" T&e *tate re%ogni5es t&e indispensale role o+ t&e private se%tor4 en%o,ragesprivate enterprise4 and provides in%entives to needed invest2ents"

Art" >II4 *e%" 6" T&e ,se o+ propert! ears a so%ial +,n%tion4 and all e%ono2i% agentss&all %ontri,te to t&e %o22on good" Individ,als and private gro,ps4 in%l,ding %orporations4

%ooperatives and si2ilar %olle%tive organi5ations4 s&all &ave t&e rig&t to o#n4 estalis& andoperate e%ono2i% enterprises4 s,<e%t to t&e d,t! o+ t&e *tate to pro2ote distri,tive <,sti%eand to intervene #&en t&e %o22on good so de2ands"

-hese provisions reveal that the economic policy of the Philippines is one closer tosocialism than capitalism. -he State adopts a policy of balancin0 the private sectorEs pursuit for profit and the concern of the State to promote distributive ?ustice.

-he use of Ddistributive ?usticeD is based on the 'ristotelian notion of 0ivin0 each one !hatis due him on the basis of personal !orth and value2 and not merely !hat he has contracted for.

)arcia vs B, 1"#" SC&' 4==5

>'C-S6 -he B, approved the transfer of the site of the petrochemical plant from Bataan to Batan0asand shift of feedstoc9 for that plant from naphtha only to naphtha and@or P). -he petrochemical plant!as to be a ?oint venture bet!een the P+C and the BPC !hich is a -ai!anese 0roup. 'ccordin0 to theB,2 it is the investor !hich has the final say as to the site and the feedstoc9 to be used.

*/6 *very provision of the Constitution on the national economy and patrimony is infused !iththe spirit of national interest. -he non%alienation of natural resources2 the StateEs full control over the devt. and utilization of scarce resources2 a0reements !ith forei0ners bein0 based on real

P')* #




contributions to the economic 0ro!th and 0eneral !elfare of the country and the re0ulation of forei0n investments in accordance !ith national 0oals and priorities are too e8plicit not to benoticed and understood.

' petrochemical industry is not an ordinary investment opportunity. -he petrochemicalindustry is essential to the national interst. -he B, committed a 0rave abuse of discretion !hen it

approved the transfer of the petrochemical plant from Bataan to Batan0as and authorized thechan0e of feedstoc9 from naphtha only to naphtha and@or P). +o co0ent advanta0e to the 0ovt.has been sho!n by this transfer. -his is a repudiation of the independent policy of the 0ovt.e8pressed in numerous la!s and the Constitution to run its o!n affairs the !ay it deems best for the national interest.

$. Communication and ,nformation in +ation%Buildin0

Art" II4 *e%" 7:" T&e *tate re%ogni5es t&e vital role o+ %o22,ni%ation and in+or2ationin nation,ilding"

Art" >VI4 *e%" 1=" T&e *tate s&all t&e provide t&e poli%! environ2ent +or t&e +,lldevelop2ent o+ (ilipino %apailit! and t&e e2ergen%e o+ %o22,ni%ation str,%t,res s,itale tot&e needs and aspirations o+ t&e nation and t&e alan%ed +lo# o+ in+or2ation into4 o,t o+4 anda%ross t&e %o,ntr!4 in a%%ordan%e #it& a poli%! t&at respe%t t&e +reedo2 o+ spee%& and o+ t&epress"

*e%" 111D" T&e o#ners&ip and 2anage2ent o+ 2ass 2edia s&all e li2ited to %iti5enso+ t&e P&ilippines4 or to %orporations4 %ooperatives or asso%iations4 #&oll! o#ned and2anaged ! s,%& %iti5ens"

T&e Congress s&all reg,late or pro&iit 2onopolies in %o22er%ial 2ass 2edia #&ent&e p,li% interest so re,ires" )o %o2inations in restraint o+ trade or ,n+air %o2petition

t&erein s&all e allo#ed"7D T&e advertising ind,str! is i2pressed #it& p,li% interest4 and s&all e reg,lated

! la# +or t&e prote%tion o+ %ons,2ers and t&e pro2otion o+ general #el+are"Onl! (ilipino %iti5ens or %orporations or asso%iations at least sevent! per %ent o+ t&e

%apital o+ #&i%& is o#ned ! s,%& %iti5ens s&all e allo#ed to engage in t&e advertisingind,str!"

T&e parti%ipation o+ +oreign investors in t&e governing od! o+ entities in s,%&ind,str! s&all e li2ited to t&eir proportionate s&are in t&e %apital t&ereo+4 and all t&ee3e%,tive and 2anaging o++i%ers o+ s,%& entities 2,st e %iti5ens o+ t&e P&ilippines"

Art" >VIII4 *e%" 78" Advertising entities a++e%ted ! paragrap& 74 *e%tion 11 o+ Arti%le >VI o+ t&is Constit,tion s&all &ave +ive !ears +ro2 its rati+i%ation to %o2pl! on agrad,ated and proportionate asis #it& t&e 2ini2,2 (ilipino o#ners&ip re,ire2ent t&erein"

Both o!nership and mana0ement of mass media must be in the hands of >ilipinos2 "FFQ.

Ghile monopolies in mass media may be re0ulated or prohibited2 combinations in restraintof and unfair competition in information matters are absolutely prohibited.

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Commercial advertisin0 is no! defined as bein0 vested !ith public interest2 and can thus be o!ned and mana0ed only by <FQ >ilipino corporations.

3. 'utonomy of ocal )overnments

Art" II4 *e%" 7;" T&e *tate s&all ens,re t&e a,tono2! o+ lo%al govern2ents"

Art" >" Lo%al 0overn2ent"

0E)ERAL PROVI*IO)*

*e%" 1" T&e territorial and politi%al s,divisions o+ t&e Rep,li% o+ t&e P&ilippines aret&e provin%es4 %ities4 2,ni%ipalities4 and aranga!s" T&ere s&all e a,tono2o,s regions inM,sli2 Mindanao and t&e Cordilleras as &ereina+ter provided"

*e%" 7" T&e territorial and politi%al s,divisions s&all en<o! lo%al a,tono2!"

*e%" 8" T&e Congress s&all ena%t a lo%al govern2ent %ode #&i%& s&all provide +or a2ore responsive and a%%o,ntale lo%al govern2ent str,%t,re instit,ted t&ro,g& a s!ste2 o+ de%entrali5ation #it& e++e%tive 2e%&anis2s o+ re%all4 initiative4 and re+erend,24 allo%atea2ong t&e di++erent lo%al govern2ent ,nits t&eir po#ers4 responsiilities4 and reso,r%es4 andprovide +or t&e ,ali+i%ations4 ele%tions4 appoint2ent and re2oval4 ter24 salaries4 po#ers and+,n%tions and d,ties o+ lo%al o++i%ials4 and all ot&er 2atters relating to t&e organi5ation andoperation o+ t&e lo%al ,nits"

*e%" :" T&e President o+ t&e P&ilippines s&all e3er%ise general s,pervision over lo%algovern2ents" Provin%es #it& respe%t to %o2ponent %ities and 2,ni%ipalities4 and %ities and2,ni%ipalities #it& respe%t to %o2ponent aranga!s s&all ens,re t&at t&e a%ts o+ t&eir%o2ponent ,nits are #it&in t&e s%ope o+ t&eir pres%ried po#ers and +,n%tions"

*e%" ;" Ea%& lo%al govern2ent ,nit s&all &ave t&e po#er to %reate its o#n so,r%es o+ reven,es and to lev! ta3es4 +ees4 and %&arges s,<e%t to s,%& g,idelines and li2itations asCongress 2a! provide4 %onsistent #it& t&e asi% poli%! o+ lo%al a,tono2!" *,%& ta3es4 +ees4and %&arges s&all a%%r,e e3%l,sivel! to t&e lo%al govern2ents"

*e%" 6" Lo%al govern2ent ,nits s&all &ave a <,st s&are4 as deter2ined ! la#4 in t&enational ta3es #&i%& s&all e a,to2ati%all! released to t&e2"

*e%" ?" Lo%al govern2ents s&all e entitled to an e,itale s&are in t&e pro%eeds o+ t&e ,tili5ation and develop2ent o+ t&e national #ealt& #it&in t&eir respe%tive areas4 in t&e2anner provided ! la#4 in%l,ding s&aring t&e sa2e #it& t&e in&aitants ! #a! o+ dire%tene+its"

*e%" " T&e ter2 o+ o++i%e o+ ele%tive lo%al o++i%ials4 e3%ept aranga! o++i%ials4 #&i%&s&all e deter2ined ! la#4 s&all e t&ree !ears and no s,%& o++i%ial s&all serve +or 2ore t&ant&ree %onse%,tive ter2s" Vol,ntar! ren,n%iation o+ t&e o++i%e +or an! lengt& o+ ti2e s&all note %onsidered as an interr,ption in t&e %ontin,it! o+ &is servi%e +or t&e +,ll ter2 o+ #&i%& &e#as ele%ted"

*e%" 9" Legislative odies o+ lo%al govern2ents s&all &ave se%toral representation as2a! e pres%ried ! la#"

P')* #$




*e%" 1=" )o provin%e4 %it!4 2,ni%ipalit!4 or aranga! 2a! e %reated4 divided42erged4 aolis&ed4 or its o,ndar! s,stantiall! altered4 e3%ept in a%%ordan%e #it& t&e%riteria estalis&ed in t&e lo%al govern2ent %ode and s,<e%t to approval ! a 2a<orit! o+ t&evotes %ast in a pleis%ite in t&e politi%al ,nits dire%tl! a++e%ted"

*e%" 11" T&e Congress 2a!4 ! la#4 %reate spe%ial 2etropolitan politi%al s,divisions4s,<e%t to a pleis%ite as set +ort& in *e%tion 1= &ereo+" T&e %o2ponent %ities and2,ni%ipalities s&all retain t&eir asi% a,tono2! and s&all e entitled to t&eir o#n lo%ale3e%,tives and legislative asse2lies" T&e <,risdi%tion o+ t&e 2etropolitan a,t&orit! t&at #illt&ere! e %reated s&all e li2ited to asi% servi%es re,iring %oordination"

*e%" 17" Cities t&at are &ig&l! ,rani5ed4 as deter2ined ! la#4 and %o2ponent %ities#&ose %&arters pro&iit t&eir voters +ro2 voting +or provin%ial ele%tive o++i%ials4 s&all eindependent o+ t&e provin%e" T&e voters o+ %o2ponent %ities #it&in a provin%e4 #&ose%&arters %ontain no s,%& pro&iition4 s&all not e deprived o+ t&eir rig&t to vote +or ele%tiveprovin%ial o++i%ials"

*e%" 18" Lo%al govern2ent ,nits 2a! gro,p t&e2selves4 %onsolidate or %oordinatet&eir e++orts4 servi%es4 and reso,r%es +or p,rposes %o22onl! ene+i%ial to t&e2 in a%%ordan%e#it& la#"

*e%" 1:" T&e President s&all provide +or regional develop2ent %o,n%ils or ot&ersi2ilar odies %o2posed o+ lo%al govern2ent o++i%ials4 regional &eads o+ depart2ents andot&er govern2ent o++i%es4 and representatives +ro2 nongovern2ental organi5ations #it& t&eregions +or p,rposes o+ ad2inistrative de%entrali5ation to strengt&en t&e a,tono2! o+ t&e,nits t&erein and to a%%elerate t&e e%ono2i% and so%ial gro#t& and develop2ent o+ t&e ,nits int&e region"

AUTO)OMOU* RE0IO)*

*e%" 1;" T&ere s&all e %reated a,tono2o,s regions in M,sli2 Mindanao and in t&eCordilleras %onsisting o+ provin%es4 %ities4 2,ni%ipalities4 and geograp&i%al areas s&aring%o22on and distin%tive &istori%al and %,lt,ral &eritage4 e%ono2i% and so%ial str,%t,res4 andot&er relevant %&ara%teristi%s #&i%& t&e +ra2e#or o+ t&is Constit,tion and t&e nationalsovereignt! as #ell as territorial integrit! o+ t&e Rep,li% o+ t&e P&ilippines"

*e%" 16" T&e President s&all e3er%ise general s,pervision over a,tono2o,s regions toens,re t&at la#s are +ait&+,ll! e3e%,ted"

*e%" 1?" All po#ers4 +,n%tions4 and responsiilities not granted ! t&is Constit,tion or! la# to t&e a,tono2o,s regions s&all e vested in t&e )ational 0overn2ent"

*e%" 1" T&e Congress s&all ena%t an organi% a%t +or ea%& a,tono2o,s region #it& t&eassistan%e and parti%ipation o+ t&e regional %ons,ltative %o22ission %o2posed o+ representatives appointed ! t&e President +ro2 a list o+ no2inees +ro2 2,ltise%toral odies"T&e organi% a%t s&all de+ine t&e asi% str,%t,re o+ govern2ent +or t&e region %onsisting o+ t&ee3e%,tive depart2ent and legislative asse2l!4 ot& o+ #&i%& s&all e ele%tive andrepresentative o+ t&e %onstit,ent politi%al ,nits" T&e organi% a%ts s&all lie#ise provide +orspe%ial %o,rts #it& personal4 +a2il!4 and propert! la# <,risdi%tion %onsistent #it& t&eprovisions o+ t&is Constit,tion and national la#s"

P')* #3




T&e %reation o+ t&e a,tono2o,s region s&all e e++e%tive #&en approved ! 2a<orit!o+ t&e votes %ast ! t&e %onstit,ent ,nits in a pleis%ite %alled +or t&e p,rpose4 provided t&atonl! provin%es4 %ities4 and geograp&i% areas voting +avoral! in s,%& pleis%ite s&all ein%l,ded in t&e a,tono2o,s region"

*e%" 19" T&e +irst Congress ele%ted ,nder t&is Constit,tion s&all4 #it&in eig&teen

2ont&s +ro2 t&e ti2e o+ organi5ation o+ ot& .o,ses4 pass t&e organi% a%ts +or t&ea,tono2o,s regions in M,sli2 Mindanao and t&e Cordilleras"

*e%" 7=" Wit&in its territorial <,risdi%tion and s,<e%t to t&e provisions o+ t&isConstit,tion and national la#s4 t&e organi% a%t o+ a,tono2o,s regions s&all provide +orlegislative po#ers over-

1D Ad2inistrative organi5ationsH7D Creation o+ so,r%es o+ reven,esH8D An%estral do2ain and nat,ral reso,r%esH:D Personal4 +a2il!4 and propert! relationsH;D Regional ,ran and r,ral planning develop2entH6D E%ono2i%4 so%ial4 and to,ris2 develop2entH?D Ed,%ational poli%iesHD Preservation and develop2ent o+ t&e %,lt,ral &eritageH and9D *,%& ot&er 2atters as 2a! e a,t&ori5ed ! la# +or t&e pro2otion o+ t&e general

#el+are o+ t&e people o+ t&e region"

*e%" 71" T&e preservation o+ pea%e and order #it&in t&e region s&all e t&eresponsiilit! o+ t&e lo%al poli%e agen%ies #&i%& s&all e organi5ed4 2aintained4 s,pervised4and ,tili5ed in a%%ordan%e #it& appli%ale la#s" T&e de+ense and se%,rit! o+ t&e region s&alle t&e responsiilit! o+ t&e )ational 0overn2ent"

<. &eco0nition of the &i0hts of ,ndi0enous Cultural Communities

Art" II4 *e%" 77" T&e *tate re%ogni5es and pro2otes t&e rig&ts o+ indigeno,s %,lt,ral%o22,nities #it&in t&e +ra2e#or o+ national ,nit! and develop2ent"

Art" VI4 *e%" ;7D T&e part!list representatives s&all %onstit,te t#ent! per centum o+ t&e total n,2er o+ representatives in%l,ding t&ose ,nder t&e part! list" (or t&ree %onse%,tiveter2s a+ter t&e rati+i%ation o+ t&e Constit,tion4 one&al+ o+ t&e seats allo%ated to t&e part! listrepresentatives s&all e +illed4 as provided ! la#4 ! sele%tion or ele%tion +ro2 t&e laor4peasant4 ,ran poor4 indigenous cultural communities4 #o2en4 !o,t&4 and s,%& ot&er se%torsas 2a! e provided ! la#4 e3%ept t&e religio,s se%tor"

Art" >II4 *e%" ;" T&e *tate4 s,<e%t to t&e provisions o+ t&is Constit,tion and nationaldevelop2ent poli%ies and progra2s4 s&all prote%t t&e rig&ts o+ indigenous cultural communities to t&eir an%estral lands to ens,re t&eir e%ono2i%4 so%ial4 and %,lt,ral #elleing"

T&e Congress 2a! provide +or t&e appli%ailit! o+ %,sto2ar! la#s governing propert!rig&ts or relations in deter2ining t&e o#ners&ip and e3tent o+ an%estral do2ain"

Art" >III4 *e%" 6" T&e *tate s&all appl! t&e prin%iples o+ agrarian re+or2 orste#ards&ip #&enever appli%ale in a%%ordan%e #it& la#4 in t&e disposition or ,tili5ation o+ ot&er nat,ral reso,r%es4 in%l,ding lands o+ t&e p,li% do2ain ,nder lease or %on%ession

P')* #<




s,itale to agri%,lt,re4 s,<e%t to prior rig&ts4 &o2estead rig&ts o+ s2all settlers4 and t&erig&ts o+ indigenous communities to t&eir an%estral lands"

Art" >IV4 *e%" 1?" T&e *tate s&all re%ogni5e4 respe%t and prote%t t&e rig&ts o+ indigenous cultural communities to preserve and develop t&eir %,lt,res4 traditions andinstit,tions" It s&all %onsider t&ese rig&ts in t&e +or2,lation o+ national plans and poli%ies"

Art" >VI4 *e%" 17" T&e Congress 2a! %reate a %ons,ltative od! to advise t&ePresident on poli%ies a++e%ting indigenous cultural communities4 t&e 2a<orit! o+ t&e 2e2erso+ #&i%& s&all %o2e +ro2 s,%& %o22,nities"

=. onest Public Service and >ull Public /isclosure

Art" II4 *e%" 7?" T&e *tate s&all 2aintain &onest! and integrit! in t&e p,li% servi%eand tae positive and e++e%tive 2eas,res against gra+t and %orr,ption"

*e%" 7" *,<e%t to reasonale %onditions pres%ried ! la#4 t&e *tate adopts andi2ple2ents a poli%! o+ +,ll p,li% dis%los,re o+ all its transa%tions involving p,li% interest"

Art" III4 *e%" ?" T&e rig&t o+ t&e people to in+or2ation on 2atters o+ p,li% %on%erns&all e re%ogni5ed" A%%ess to o++i%ial re%ords4 and to do%,2ents4 and papers pertaining too++i%ial a%ts4 transa%tions4 or de%isions4 as #ell as to govern2ent resear%& data ,sed as asis+or poli%! develop2ent4 s&all e a++orded t&e %iti5en4 s,<e%t to s,%& li2itations as 2a! eprovided ! la#"

onesty of Public fficials

Art" >I4 *e%" 1?" A p,li% o++i%er or e2plo!ee s&all4 ,pon ass,2ption o+ o++i%e and aso+ten t&erea+ter as 2a! e re,ired ! la#4 s,2it a de%laration ,nder oat& o+ &is assets4

liailities4 and net #ort&" In t&e %ase o+ t&e President4 Vi%e President4 t&e Me2ers o+ t&eCainet4 t&e Congress4 t&e *,pre2e Co,rt4 t&e Constit,tional Co22issions and ot&er%onstit,tional o++i%es4 and o++i%ers o+ t&e ar2ed +or%es #it& general or +lag ran4 t&ede%laration s&all e dis%losed to t&e p,li% in t&e 2anner provided ! la#"

Art" VI4 *e%" 17" All Me2ers o+ t&e *enate and t&e .o,se o+ Representatives s&all4,pon ass,2ption o+ o++i%e4 2ae a +,ll dis%los,re o+ t&eir +inan%ial and ,siness interests"T&e! s&all noti+! t&e .o,se %on%erned o+ potential %on+li%t o+ interest t&at 2a! arise +ro2 t&e+iling o+ proposed legislation o+ #&i%& t&e! are a,t&ors"

*e%" 7=" T&e re%ords and oos o+ a%%o,nts o+ t&e Congress s&all e preserved and eopen to t&e p,li% in a%%ordan%e #it& la#4 and s,%& oos s&all e a,dited ! t&e Co22issionon A,dit #&i%& s&all p,lis& ann,all! an ite2i5ed list o+ a2o,nts paid to and e3pensesin%,rred +or ea%& Me2er"

Art" I>4 '4 *e%" :" T&e Co22ission on A,ditD s&all s,2it to t&e President and t&eCongress4 #it&in t&e ti2e +i3ed ! la#4 an ann,al report %overing t&e +inan%ial %ondition andoperation o+ t&e 0overn2ent4 its s,divisions4 agen%ies4 and instr,2entalities4 in%l,dinggovern2ento#ned or %ontrolled %orporations4 and nongovern2ental entities s,<e%t to itsa,dit and re%o22end 2eas,res ne%essar! to i2prove t&eir e++e%tiveness and e++i%ien%!"

P')* #=




Art" >I4 *e%" :" T&e present antigra+t %o,rt no#n as t&e *andigana!an s&all%ontin,e to +,n%tion and e3er%ise its <,risdi%tion as no# or &erea+ter 2a! e provided ! la#"

*e%" ;" T&ere is &ere! %reated t&e independent O++i%e o+ t&e O2,ds2an4 %o2posedo+ t&e O2,ds2an to e no#n as t&e Tanoda!an4 one overall 'ep,t! and at least one'ep,t! ea%& +or L,5on4 Visa!as and Mindanao" A separate 'ep,t! +or t&e 2ilitar!

estalis&2ent 2a! lie#ise e appointed"

*e%" 6" T&e o++i%ials and e2plo!ees o+ t&e O++i%e o+ t&e O2,ds2an4 ot&er t&an t&e'ep,ties4 s&all e appointed ! t&e O2,ds2an a%%ording to t&e Civil *ervi%e La#"

*e%" ?" T&e e3isting Tanoda!an s&all &erea+ter e no#n as t&e O++i%e o+ t&e *pe%ialProse%,tor" It s&all %ontin,e to +,n%tion and e3er%ise its po#ers as no# or &erea+ter 2a! eprovided ! la#4 e3%ept t&ose %on+erred on t&e O++i%e o+ t&e O2,ds2an %reated ,nder t&isConstit,tion"

*e%" " T&e O2,ds2an and &is 'ep,ties s&all e nat,ralorn %iti5ens o+ t&eP&ilippines4 and at t&e ti2e o+ t&eir appoint2ent4 at least +ort! !ears old4 o+ re%ogni5edproit! and independen%e4 and 2e2ers o+ t&e P&ilippine $ar4 and 2,st not &ave een%andidates +or an! ele%tive o++i%e in t&e i22ediatel! pre%eding ele%tion" T&e O2,ds2an2,st &ave +or ten !ears or 2ore een a <,dge or engaged in t&e pra%ti%e o+ la# in t&eP&ilippines"

',ring t&eir ten,re4 t&e! s&all e s,<e%t to t&e sa2e dis,ali+i%ations andpro&iitions as provided +or in *e%tion 7 o+ Arti%le I>A o+ t&is Constit,tion"

*e%" 9" T&e O2,ds2an and &is 'ep,ties s&all e appointed ! t&e President +ro2 alist o+ at least si3 no2inees prepared ! t&e B,di%ial and $ar Co,n%il4 and +ro2 a list o+ t&reeno2inees +or ever! va%an%! t&erea+ter" *,%& appoint2ent s&all re,ire no %on+ir2ation" Allva%an%ies s&all e +illed #it&in t&ree 2ont&s a+ter t&e! o%%,r"

*e%" 1=" T&e O2,ds2an and &is 'ep,ties s&all &ave t&e ran o+ C&air2an andMe2ers4 respe%tivel!4 o+ t&e Constit,tional Co22issions4 and t&e! s&all re%eive t&e sa2e

salar!4 #&i%& s&all not e de%reased d,ring t&eir ter2 o+ o++i%e"

*e%" 11" T&e O2,ds2an and &is 'ep,ties s&all serve +or a ter2 o+ seven !ears#it&o,t reappoint2ent" T&e! s&all not e ,ali+ied to r,n +or an! o++i%e in t&e ele%tioni22ediatel! s,%%eeding t&eir %essation +ro2 o++i%e"

*e%" 17" T&e O2,ds2an and &is 'ep,ties4 as prote%tors o+ t&e people4 s&all a%tpro2ptl! on %o2plaints +iled in an! +or2 or 2anner against p,li% o++i%ials or e2plo!ees o+ t&e govt"4 or an! s,division4 agen%! or instr,2entalit! t&ereo+4 in%l,ding govt" o#ned or%ontrolled %orporations and s&all4 in appropriate %ases4 noti+! t&e %o2plainants o+ t&e a%tiontaen and t&e res,lt t&ereo+"

Art" >I4 *e%" 18" T&e O++i%e o+ t&e O2,ds2an s&all &ave t&e +ollo#ing po#ers4+,n%tions4 d,ties-

1D Investigate on its o#n or on %o2plaint an! a%t or o2ission o+ an! p,li% o++i%ial4e2plo!ee4 o++i%e or agen%!4 #&en s,%& a%t or o2ission appears to e illegal4 ,n<,st4 i2proper4or ine++i%ient

7D 'ire%t4 ,pon %o2plaint or at its o#n instan%e4 an! p,li% o++i%ial or e2plo!ee o+ t&e 0overn2ent4 or an! s,division4 agen%! or instr,2entalit! t&ereo+4 as #ell as o+ an!govern2ento#ned or %ontrolled %orporation #it& original %&arterH to per+or2 and e3pedite

P')* ##




an! a%t or d,t! re,ired ! la#4 or to stop4 prevent4 and %orre%t an! a,se or i2propriet! int&e per+or2an%e o+ d,ties"

8D 'ire%t t&e o++i%er %on%erned to tae appropriate a%tion against a p,li% o++i%ial ore2plo!ee at +a,lt4 and re%o22end &is re2oval4 s,spension4 de2otion4 +ine4 %ens,re4 orprose%,tion4 and ens,re %o2plian%e t&ere#it&"

:D 'ire%t t&e o++i%er %on%erned in an! appropriate %ase4 and s,<e%t to s,%&

li2itations as 2a! e provided ! la#4 to +,rnis& it #it& %opies o+ do%,2ents relating to%ontra%ts or transa%tions entered into ! &is o++i%e involving dis,rse2ent or ,se o+ p,li%+,nds or properties4 and report an! irreg,larit! to t&e Co22ission on A,dit +or appropriatea%tion"

;D Re,est an! govern2ent agen%! +or assistan%e and in+or2ation ne%essar! in t&edis%&arge o+ its responsiilities4 and to e3a2ine4 i+ ne%essar!4 pertinent re%ords anddo%,2ents"

6D P,li%i5e 2atters %overed ! its investigation #&en %ir%,2stan%es so #arrant and#it& d,e pr,den%e"

?D 'eter2ine t&e %a,ses o+ ine++i%ien%!4 red tape4 2is2anage2ent4 +ra,d and%orr,ption in t&e 0overn2ent and 2ae re%o22endations +or t&eir eli2ination and t&eoservan%e o+ &ig& standards o+ et&i%s and e++i%ien%!"

D Pro2,lgate its r,les o+ pro%ed,re and e3er%ise s,%& ot&er po#ers or per+or2 s,%&+,n%tions or d,ties as 2a! e provided ! la#"

*e%" 1:" T&e O++i%e o+ t&e O2,ds2an s&all en<o! +is%al a,tono2!" Its approvedann,al appropriations s&all e a,to2ati%all! and reg,larl! release"

*e%" 1;" T&e rig&t o+ t&e *tate to re%over properties ,nla#+,ll! a%,ired ! p,li%o++i%ials or e2plo!ees4 +ro2 t&e2 or t&eir no2inees4 or trans+erees4 s&all not e arred ! pres%ription4 la%&es4 or estoppel"

*e%" 16" )o loan4 g,arant!4 or ot&er +or2 o+ +inan%ial a%%o22odation +or an! ,sinessp,rpose 2a! e granted4 dire%tl! or indire%tl! ! an! govt" o#ned or %ontrolled an or+inan%ial instit,tion to t&e President4 Vi%e President4 t&e Me2ers o+ t&e Cainet4 t&e

Congress4 t&e *,pre2e Co,rt4 and t&e Constit,tional Co22issions4 t&e O2,ds2an4 or toan! +ir2 or entit! in #&i%& t&e! &ave %ontrolling interest4 d,ring t&eir ten,re"

>orei0n oans

Art" VII4 *e%" 7=" T&e President 2a! %ontra%t or g,arantee +oreign loans on e&al+ o+ t&e Rep,li% #it& t&e prior %on%,rren%e o+ t&e Monetar! $oard4 and s,<e%t to s,%&li2itations as 2a! e provided ! la#" T&e Monetar! $oard s&all4 #it&in t&irt! da!s +or2t&e end o+ ever! ,arter o+ t&e %alendar !ear4 s,2it to Congress a %o2plete report o+ itsde%isions on appli%ations +or loans to e %ontra%ted or g,aranteed ! t&e govern2ent orgovern2ento#ned and %ontrolled %orporations #&i%& #o,ld &ave t&e e++e%t o+ in%reasing t&e+oreign det4 and %ontaining ot&er 2atters as 2a! e provided ! la#"

Art" >II4 *e%" 71" (oreign loans 2a! onl! e in%,rred in a%%ordan%e #it& la# and t&ereg,lation o+ t&e 2onetar! a,t&orit!" In+or2ation on +oreign loans otained or g,aranteed !t&e 0overn2ent s&all e 2ade availale to t&e p,li%"

*8ecutive '0reements on +atural &esources

P')* "FF




Art" >II4 *e%" 7"333T&e President 2a! enter into agree2ents #it& +oreigno#ned %orporations involving

eit&er te%&ni%al or +inan%ial assistan%e +or larges%ale e3ploration4 develop2ent4 and ,tili5ationo+ 2inerals4 petrole,24 and ot&er 2ineral oils a%%ording to t&e general ter2s and %onditionsprovided ! la#4 ased on real %ontri,tions to t&e e%ono2i% gro#t& and general #el+are o+

t&e %o,ntr!" In s,%& agree2ents4 t&e *tate s&all pro2ote t&e develop2ent and ,se o+ lo%als%ienti+i% and te%&ni%al reso,r%es"

T&e President s&all noti+! t&e Congress o+ ever! %ontra%t entered into in a%%ordan%e#it& t&is provision4 #it&in t&irt! da!s +ro2 its e3e%,tion" pars" : and ; t&ereo+"D

Art" VI4 *e%" 17" All 2e2ers o+ t&e *enate and t&e .o,se o+ Representatives s&all,pon ass,2ption o+ o++i%e4 2ae a +,ll dis%los,re o+ t&eir +inan%ial and ,siness interests"T&e! s&all noti+! t&e .o,se %on%erned o+ potential %on+li%t o+ interest t&at 2a! arise +or2 t&e+iling o+ proposed legislation o+ #&i%& t&e! are a,t&ors"

.ealt& o+ t&e President

Art" VII4 *e%" 17" In %ase o+ serio,s illness o+ t&e President4 t&e p,li% s&all ein+or2ed o+ t&e state o+ &is &ealt&" T&e Me2ers o+ t&e Cainet in %&arge o+ national se%,rit!and +oreign relations and t&e C&ie+ o+ t&e Ar2ed (or%es o+ t&e P&ilippines4 s&all not e denieda%%ess to t&e President d,ring s,%& illness"

Valmonte v. Belmonte2 "<F SC&' 4$3 1"#=#5

>6 Petitioners !ere media practitioners. -hey re:uested information from respondent )eneralMana0er of the )S,S re0ardin0 clean loans 0ranted by the )S,S certain members of the defunct BP on the0uaranty of Mrs. ,melda Marcos shortly before the >eb. <2 "#=3 election. -heir re:uest !as refused on the0round of confidentiality. -hey brou0ht this suit for mandamus.

*/6 1"5 -he cornerstone of the republican system of 0ovt is the dele0ation of po!er by the people. ,n this system2 0overnmental a0encies and institutions operate !@in the limits of theauthority conferred by the people. /enied access to information on the inner !or9in0s of 0ovt2 thecitizenry can become prey to the !hims and caprices of those to !hom the po!er had beendele0ated. -he postulate of public office as a public trust2 institutionalized in the Constitution to protect the people from abuse of 0overnmental po!er2 !ould certainly be merely empty !ords if access to such information of public concern is denied2 e8cept under limitations prescribed byimplementin0 le0islation adopted pursuant to the Constitution. -he ri0ht to information is notmerely an ad?unct of and therefore restricted in application by the e8ercise of the freedom of speechand of the press. >ar from it. -he ri0ht to information 0oes hand in hand !@ the constitutional policies of full public disclosure and honesty in the public service. ,t is meant to enhance the!idenin0 role of the citizenry in 0overnmental decision%ma9in0 as !ell as in chec9in0 abuse in

0ovt.

145 -he ri0ht to information is not absolute. ,t is limited to Dmatters of public concern2Dand is further Dsub?ect to such limitations as may be provided by la!.D 1e0aspi v. CSC2 "$FSC&' $F.5 Similarly2 the StateEs policy of full disclosure is limited to Dtransactions involvin0 public interest2D and is Dsub?ect to reasonable conditions prescribed by la!.D -he )S,S is a trusteeof contributions from the 0ovt and its employees and the administrator of various insurance pro0rams for the benefit of the latter. Undeniably2 its funds assume a public character. 888.Considerin0 the nature of its funds2 the )S,S is e8pected to mana0e its resources !@ utmost

P')* "F"




prudence and in strict compliance !@ the pertinent la!s or rules and re0ulations. ,n sum2 the publicnature of the loanable funds of the )S,S and the public office held by the alle0ed borro!ers ma9ethe information sou0ht clearly a matter of public interest and concern.

15 -he ri0ht to privacy cannot be invo9ed by a ?uridical entity li9e )S,S bec. a corp. hasno ri0ht or privacy in its name since the entire basis of the ri0ht to privacy is an in?ury to the

feelin0s and sensibilities of the party and a corp. !ould have no such 0round for relief. +either canthe )S,S invo9e the ri0ht to privacy of its borro!ers. -he ri0ht is purely personal in nature. -heconcerned borro!ers themselves may not succeed if they choose to invo9e their ri0ht to privacy2considerin0 the public offices they !ere holdin0 at the time the loans !ere alle0ed to have been0ranted.

1;5 -hat )S,S2 in 0rantin0 loans2 !as e8ercisin0 a proprietary function !ould not ?ustifythe e8clusion of the transactions from the covera0e and scope of the ri0ht to information.

1$5 But2 althou0h citizens are afforded the ri0ht to information2 and2 pursuant thereto2 areentitled to Daccess to official records2D the Constitution does not accord them a ri0ht to compelcustodians of official records to prepare lists2 abstracts2 summaries and the li9e in their desire toac:uire information on matters of public concern. VV"

UP/'-*/ "4@"@#$&'M

P'&- -G

*TRUCTURE A)' POWER* O( T.E )ATIO)AL 0OVER)ME)T

I" T.E *EPARATIO) O( POWER*

Cruz6 P,rpose" -he doctrine of separation of po!ers is intended to prevent a concentration of authority in one person or 0roup of persons that mi0ht lead to an irreversible error or abuse in itse8ercise to the detriment of our republican institutions. More specifically2 accordin0 to J. aurel2

the doctrine is intended to secure action2 to forestall overaction2 to prevent depotism and to obtainefficiency. 888

$lending o+ Po#ers" -here are instances under the Consti. !hen po!ers are not confinede8clusively !@in one dept but are in fact assi0ned to or shared by several departments. 's a resultof this blendin0 of po!ers2 there is some difficulty no! in classifyin0 some of them as definitelyle0islative2 e8ecutive or ?udicial. 's J. omes put it vividly !hen he remar9ed that Dthe 0reatordinances of the Constitution do not establish and divide fields of blac9 and !hite. *ven the morespecific of them are found to terminate in a penumbra shadin0 0radually from one e8treme to

P')* "F4




another.D -he po!ers of 0ovt may not at all times be contained !@ mathematical precision in!ater%ti0ht compartments bec. of their ambi0uous nature2 e.0.2 the po!er of appointment2 !@c canri0htfully be e8ercised by each dept over its o!n administrative personnel. 888

'. Con0ress

". Composition2 ualifications2 and -erm of ffice

a. Senate

'rt. V,2 Secs. 4%;

Art" VI"*e%" 7" T&e *enate s&all e %o2posed o+ t#ent!+o,r *enators #&o s&all e ele%ted at

large ! t&e ,ali+ied voters o+ t&e P&ilippines4 as 2a! e provided ! la#"

*e%" 8" )o person s&all e a *enator ,nless &e is a nat,ralorn %iti5en o+ t&eP&ilippines4 and4 on t&e da! o+ t&e ele%tion4 is at least t&irt!+ive !ears o+ age4 ale to read and#rite4 a registered voter4 and a resident o+ t&e P&ilippines +or not less t&an t#o !earsi22ediatel! pre%eding t&e da! o+ t&e ele%tion"

*e%" :" T&e ter2 o+ o++i%e o+ t&e *enators s&all e si3 !ears and s&all %o22en%e4,nless ot&er#ise provided ! la#4 at noon on t&e t&irtiet& da! o+ B,ne ne3t +ollo#ing t&eirele%tion"

)o *enator s&all serve +or 2ore t&an t#o %onse%,tive ter2s" Vol,ntar! ren,n%iationo+ t&e o++i%e +or an! lengt& o+ ti2e s&all not e %onsidered as an interr,ption in t&e %ontin,it!o+ &is servi%e +or t&e +,ll ter2 o+ #&i%& &e #as ele%ted"

CMPS,-,+

4; Senators elected at lar0e by :ualified voters

U',>,C'-,+S

Citizenship6 +atural%born citizen'0e on the day of election6 $*ducation6 'ble to read and !rite&e0istered voter6 ,n the Philippines&esidence6 4 years 1immediately precedin0 the

election5

-*&M > >>,C*

Si8 135 years-o commence unless other!ise provided by la!2 at noon on June F ne8t follo!in0 the

election. 1'rt. V,2 Sec. ;5

But under Sec. 4 of the -ransitory provisions2 the senators elected on the 4nd Monday of May2 "#=< shall serve until noon of June F2 "##4. 1'rt. HV,,,2 Sec. 45

P')* "F




f the senators elected in the election of "##42 the first "4 obtainin0 the hi0hest number of votes shall serve for 3 years and the remainin0 "4 for years. -hereafter2 "4 senators !ill beelected every years2 to serve a term of 3 years. 1'rt. HV,,,2 Sec. 45

+o Senator shall serve for more than 4 consecutive terms2 and for this purpose2 no

voluntary renunciation of the office for any len0th of time shall be considered for the purpose of interruptin0 the continuity of his service for the full term for !hich he !as elected. 1'rt. V,2 Sec. ;5

'5 &e0ular case6 ,f H runs in "##42 0ets the N"4 slot2 and is re%elected in "##=2 he can nolon0er run in the senatorial election of 4FF;2 even if in the year 4FFF he resi0ns from office. ,n0eneral2 the limit for re0ular senators 1those elected after the transition2 or after "##45 is "4consecutive years.

But if H runs in "##42 0ets the N" slot2 does not rerun in "##$2 but reruns in "##=2 he canstill rerun in 4FF;.

B5 -ransition6 ,f Maceda reruns in "##4 and ends up in N"$2 !hen his term e8pires atnoon of F June "##$2 he can no lon0er run for re%election as senator2 even if he !ill have servedfor only = years2 since the Constitution tal9s of 4 consecutive terms.

,f H runs in "##42 ends up N"2 then reruns in "##$2 he can no lon0er run for senator in theyear 4FF"2 even if he !ill have served for only # years.

,f Maceda does not re%run in "##42 then runs a0ain in "##$2 he can still rerun in 4FF".

b. ouse of &epresentatives

'rt. V,2 Secs. $%=

Art" VI"

*e%" ; 1D T&e .o,se o+ Representatives s&all e %o2posed o+ not 2ore t&an t#o&,ndred and +i+t! 2e2ers4 ,nless ot&er#ise +i3ed ! la#4 #&o s&all e ele%ted +ro2legislative distri%ts apportioned a2ong t&e provin%es4 %ities4 and t&e Metropolitan Manila areain a%%ordan%e #it& t&e n,2er o+ t&eir respe%tive in&aitants4 and on t&e asis o+ a ,ni+or2and progressive ratio4 and t&ose #&o4 as provided ! la#4 s&all e ele%ted t&ro,g& a part!lists!ste2 o+ registered national4 regional4 and se%toral parties or organi5ations"

7D T&e part!list representatives s&all %onstit,te t#ent! per centum o+ t&e totaln,2er or representatives in%l,ding t&ose ,nder t&e part! list" (or t&ree %onse%,tive ter2sa+ter t&e rati+i%ation o+ t&is Constit,tion4 one&al+ o+ t&e seats allo%ated to part!listrepresentatives s&all e +illed4 as provided ! la#4 ! sele%tion or ele%tion +ro2 t&e laor4peasant4 ,ran poor4 indigeno,s %,lt,ral %o22,nities4 #o2en4 !o,t&4 and s,%& ot&er se%torsas 2a! e provided ! la#4 e3%ept t&e religio,s se%tor"

8D Ea%& legislative distri%t s&all %o2prise4 as +ar as pra%ti%ale4 %ontig,o,s4 %o2pa%t4and ad<a%ent territor!" Ea%& %it! #it& a pop,lation o+ at least t#o &,ndred +i+t! t&o,sand4 orea%& provin%e4 s&all &ave at least one representative"

:D Wit&in t&ree !ears +ollo#ing t&e ret,rn o+ ever! %ens,s4 t&e Congress s&all 2ae areapportion2ent o+ legislative distri%ts ased on t&e standard provided in t&is *e%tion"

*e%" 6" )o person s&all e a Me2er o+ t&e .o,se o+ Representatives ,nless &e is anat,ralorn %iti5en o+ t&e P&ilippines and4 on t&e da! o+ t&e ele%tion4 is at least t#ent!+ive!ears o+ age4 ale to read and #rite4 and4 e3%ept t&e part!list representatives4 a registered

P')* "F;




voter in t&e distri%t in #&i%& &e s&all e ele%ted4 and a resident t&ereo+ +or a period o+ not lesst&en one !ear i22ediatel! pre%eding t&e da! o+ t&e ele%tion"

*e%" ?" T&e Me2ers o+ t&e .o,se o+ Representatives s&all e ele%ted +or a ter2 o+ t&ree !ears #&i%& s&all egin4 ,nless ot&er#ise provided ! la#4 at noon on t&e t&irtiet& da!o+ B,ne ne3t +ollo#ing t&eir ele%tion"

)o Me2er o+ t&e .o,se o+ Representatives s&all serve +or 2ore t&an t&ree%onse%,tive ter2s" Vol,ntar! ren,n%iation o+ t&e o++i%e +or an! lengt& o+ ti2e s&all not e%onsidered as an interr,ption in t&e %ontin,it! o+ &is servi%e +or t&e +,ll ter2 +or #&i%& &e #asele%ted"

*e%" " Unless ot&er#ise provided ! la#4 t&e reg,lar ele%tion o+ t&e *enators and t&eMe2ers o+ t&e .o,se o+ Representatives s&all e &eld on t&e se%ond Monda! o+ Ma!"

'rt. ,H%C2 Secs. 3%=

Art I>C"*e%" 6" A +ree and open part! s!ste2 s&all e allo#ed to evolve a%%ording to t&e +ree

%&oi%e o+ t&e people4 s,<e%t to t&e provisions o+ t&is Arti%le"

*e%" ?" )o votes %ast in +avor o+ a politi%al part!4 organi5ation4 or %oalition s&all evalid4 e3%ept +or t&ose registered ,nder t&e part!list s!ste2 as provided in t&is Constit,tion"

*e%" " Politi%al parties4 or organi5ations or %oalitions registered ,nder t&e part!lists!ste24 s&all not e represented in t&e votersK registration oards4 oards o+ ele%tioninspe%tors4 oard o+ %anvassers4 or ot&er si2ilar odies" .o#ever4 t&e! s&all e entitled toappoint poll #at%&ers in a%%ordan%e #it& la#"

Art" >VIII4 *e%" ?" Until a la# is passed4 t&e President 2a! +ill ! appoint2ent +ro2a list o+ no2inees ! t&e respe%tive se%tors t&e seats reserved +or se%toral representatives in

paragrap& 7D4 *e%tion ; o+ Arti%le VI o+ t&is Constit,tion"

&epublic 'ct <#;"

'+ 'C- P&V,/,+) >& -* **C-,+ > P'&-Y%,S- &*P&*S*+-'-,V*S -&U) -*P'&-Y%,S- SYS-*M2 '+/ 'PP&P&,'-,+) >U+/S -*&*>&.

$e it enacted b" the enate and /ouse of !epresentatives of the Philippines in congress assembled.

Sec. ". Title.%% -his 'ct shall be 9no!n as the DParty%ist System 'ct.D

Sec. 4. 0eclaration of Polic".%% -he State shall promote proportional representation in the

election of representatives to the ouse of &epresentatives throu0h a party%list system of re0isterednational2 re0ional and sectoral parties or or0anizations or coalitions thereof2 !hich !ill enable >ilipinocitizens belon0in0 to mar0inalized and underrepresented sectors2 or0anizations and parties2 and !ho lac9 !ell%defined political constituencies but !ho could contribute to the formulation and enactment of appropriate le0islation that !ill benefit the nation as a !hole2 to become members of the ouse of &epresentatives. -o!ards this end2 the State shall develop and 0uarantee a full2 free and open partysystem in order to attain the broadest possible representation of party2 sectoral or 0roup interest in theouse of &epresentatives by enhancin0 their chances to compete for and !in seats in the le0islature2 andshall provide the simplest scheme possible.

P')* "F$




Sec. . 0efinition of Terms.%% 1a5 -he part" list s"stem is a mechanism of proportionalrepresentation in the election of representatives to the ouse of &epresentatives from national2 re0ionaland sectoral parties or or0anizations or coalitions thereof re0istered !ith the Commission on *lections1CM**C5. component parties or or0anizations of coalition may participate independently provided thecoalition of !hich they form part does not participate in the party%list system.

1b5 ' part" means either a political party or a sectoral party or a coalition of parties.1c5 ' political part" refers to an or0anized 0roup of citizens advocatin0 an ideolo0y or platform2

principles and policies for the 0eneral conduct of 0overnment and !hich2 as the most immediate means of securin0 their adoption2 re0ularly nominates and supports certain of its leaders and members as candidatesfor public office.

,t is a national party !hen its constituency is spread over the 0eo0raphical territory of at least ama?ority of the re0ions. ,t is a re0ional party !hen its constituency is spread over the 0eo0raphicalterritory of at least a ma?ority of the cities and provinces comprisin0 the re0ion.

1d5 ' sectoral part" refers to an or0anized 0roup of citizens belon0in0 to any of the sectorsenumerated in Section $ hereof !hose principal advocacy pertains to the special interest and concerns of their sector.

1e5 ' sectoral organization refers to a 0roup of citizens or a coalition of 0roup of citizens !hoshare similar physical attributes or characteristics2 employment2 interests or concerns.

1f5 ' coalition refers to an a00rupation of duly re0istered national2 re0ional2 sectoral parties or or0anizations for political and@or election purposes.

Sec. ;. )anifestation to Participate in the Part"@List "stem.@@ 'ny party2 or0anization2 or coalition already re0istered !ith the Commission need not re0ister ane!. o!ever2 such party2or0anization2 or coalition shall file !ith the Commission2 not later than ninety 1#F5 days before theelection2 a manifestation of its desire to participate in the party%list system.

Sec. $. !egistration.%% 'ny or0anized 0roup of persons may re0ister as a party2 or0anization or coalition for purposes of the party%list system by filin0 !ith the CM**C not later than ninety 1#F5 days before the election a petition verified by its president or secretary statin0 its desire to participate in the party%list system as a national2 re0ional or sectoral party or or0anization or a coalition of such parties or or0anizations2 attachin0 thereto its constitution2 by%la!s2 platform or pro0ram of 0overnment2 list of officers2 coalition a0reement and other relevant information as the CM**C may re:uire6 Provided 2-hat the sector shall include labor2 peasant2 fisherfol92 urban poor2 indi0enous cultural communities2elderly2 handicapped2 !omen2 youth2 veterans2 overseas !or9ers2 and professionals.

-he CM**C shall publish the petition in at least t!o 145 national ne!spapers of 0eneral

circulation.-he CM**C shall2 after due notice and hearin02 resolve the petition !ithin fifteen 1"$5 daysfrom the date it !as submitted for decision but in no case not later than si8ty 13F5 days before the election.

Sec. 3. !efusal and3or Cancellation of !egistration.%% -he CM**C may2 motu proprio( or upon verified complaint of any interested party2 refuse or cancel2 after due notice and hearin02 there0istration of any national2 re0ional or sectoral party2 or0anization or coalition on any of the follo!in00rounds6

1"5 ,t is a reli0ious sect or denomination2 or0anization or association or0anized for reli0ious purposes7

145 ,t advocates violence or unla!ful means to see9 its 0oal715 ,t is a forei0n party or or0anization71;5 ,t is receivin0 support from any forei0n 0overnment2 forei0n political party2 foundation2

or0anization2 !hether directly or thou0h any of its officers or member or indirectly thou0h third parties for

partisan election purposes.1$5 ,t violates or fails to comply !ith la!s2 rules or re0ulations relatin0 to elections7135 ,t declares untruthful statements in its petition71<5 ,t has ceased to e8ist for at least one 1"5 year7 or 1=5 ,t fails to participate in the last t!o 145 precedin0 elections or fails to obtain at least t!o

percentum 14Q5 of the votes cast under the party%list system in the t!o 145 precedin0 elections for theconstituency in !hich it has re0istered.

Sec. <. Certified List of !egistered Parties.%% -he CM**C shall2 not later than si8ty 13F5days before election2 prepare a certified list of national2 re0ional2 or sectoral parties2 or0anizations or

P')* "F3




coalitions !hich have applied or !ho have manifested their desire to participate under the party%listsystem and distribute copies thereof to all precints for postin0 in the pollin0 places on election day. -henames of the party%list nominees shall not be sho!n on the certified list.

Sec. =. +omination of Part"@List !epresentatives.%% *ach re0istered party2 or0anization2 or coalition shall submit to the CM**C not later than forty%five 1;$5 days before the election a list of names2 not less than five 1$52 from !hich party%list representatives shall be chosen in case it obtains the

re:uired number of votes.' person may be nominated in one 1"5 list only. nly persons !ho have 0iven their consent in

!ritin0 may be named in the list. -he list shall not include any candidate for any elective office or a person !ho has lost his bid for an elective office in the immediately precedin0 election. +o chan0e of names or alteration of the order of nominees shall be allo!ed after the same shall have been submitted tothe CM**C e8cept in cases !here the nominee dies2 or !ithdra!s in !ritin0 his nomination2 becomesincapacitated in !hich case the name of the substitute nominee shall be placed in the list. ,ncumbentsectoral representatives in the ouse of &epresentatives !ho are nominated in the party%list system shallnot be considered resi0ned.

Sec. #. Aualifications of Part"@List +ominees.%% +o person shall be nominated as party%listrepresentative unless he is a natural%born citizen of the Philippines2 a re0istered voter2 a resident of thePhilippines for a period of not less than one 1"5 year immediately precedin0 the day of the election2 able toread and !rite2 a bona fide member of the party or or0anization !hich he see9s to represent for at leastninety 1#F5 days precedin0 the day of the election2 and is at least t!enty%five 14$5 years of a0e on the dayof the election.

,n case of a nominee of the youth sector2 he must be at least be t!enty%five 14$5 but not more thanthirty 1F5 years of a0e on the day of the election. 'ny youth sectoral representative !ho attains the a0e of thirty 1F5 durin0 his term shall be allo!ed to continue in office until the e8piration of his term.

Sec. "F. )anner of ;oting .%% *very voter shall be entitled to t!o 145 votes6 the first is a vote for candidate for member of the ouse of &epresentatives in his le0islative district7 and the second2 a vote for the party2 or0anization2 or coalition he !ants represented in the ouse of &epresentatives6 Provided 2 -hata vote cast for a party2 sectoral or0anization2 or coalition not entitled to be voted for shall not be counted6

Provided finall"2 -hat the first election under the party%list system shall be held in May "##=.-he CM**C shall underta9e the necessary information campai0n for purposes of educatin0

the electorate on the matter of the party%list system.

Sec. "". +umber of Part"@List !epresentatives.%% -he party%list representatives shall constitutet!enty percentum 14FQ5 of the total number of the members of the ouse of &epresentatives includin0those under the party%list.

>or purposes of the May "##= elections2 the first five 1$5 ma?or political parties on the basis of party representation in the ouse of &epresentatives at the start of the -enth Con0ress of the Philippinesshall not be entitled to participate in the party list system.

,n determinin0 the allocation of seats for the second vote2 the follo!in0 procedure shall beobserved6

1a5 -he parties2 or0anizations2 and coalitions shall be ran9ed from the hi0hest to the lo!est basedon the number of votes they 0arnered durin0 the elections.

1b5 -he parties2 or0anizations2 and coalitions receivin0 at least t!o percent 14Q5 of the totalvotes cast for the party%list system shall be entitled to one seat each6 Provided 2 -hat those 0arnerin0 morethan t!o percent 14Q5 of the votes shall be entitled to additional seats in proportion to their total number

of votes6 Provided( finall" 2 -hat each party 2 or0anization2 or coalition shall be entitled to not more thanthree 15 seats.

Sec. "4. Procedure in *llocating eats for Part"@List !epresentatives.%% -he CM**C shalltally all the votes for the parties2 or0anizations2 or coalitions on a nation!ide basis2 ran9 them accordin0to the number of votes received and allocate party%list representatives proportionately accordin0 to the percenta0e of votes obtained by each party2 or0anization2 or coalition as a0ainst the total nation!ide votescast for the party%list system.

P')* "F<




Sec. ". /ow Part"@List !epresentatives *re Chosen.%% Party%list representatives shall be proclaimed by the CM**C based on the list of names submitted by the respective parties2or0anizations2 or coalitions to the CM**C accordin0 to their ran9in0 in said list.

Sec. ";. Term of =ffice.%% Party%list representatives shall be elected for a term of three 15 years!hich shall be0in2 unless other!ise provided by la!2 at noon on the thirtieth day of June ne8t follo!in0their election. +o party%list representatives shall serve for more than three 15 consecutive terms.

Voluntary renunciation of the office for any len0th of time shall not be considered as an interruption in thecontinuity of his service for the full term for !hich he !as elected.

Sec. "$. Change of *ffiliationB 2ffect.%% 'ny elected party%list representative !ho chan0es his political party or sectoral affiliation durin0 his term of office shall forfeit his seat6 Provided2 -hat if hechan0es his political party or sectoral affiliation !ithin si8 135 months before an election2 he shall not beeli0ible for nomination as party%list representative under his ne! party or or0anization.

Sec. "3. ;acanc".%% ,n case of vacancy in the seats reserved for party%list representatives2 thevacancy shall be automatically filled by the ne8t representative from the list of nominees in the order submitted to the CM**C by the same party2 or0anization2 or coalition2 !ho shall serve for theune8pired term. ,f the list is e8hausted2 the party2 or0anization2 or coalition concerned shall submitadditional nominees.

Sec. "<. !ights of Part"@List !epresentatives.%% Party%list representatives shall be entitled to thesame salaries and emoluments as re0ular members of the ouse of &epresentatives.

Sec. "=. !ules and !egulations.%% -he CM**C shall promul0ate the necessary rules andre0ulations as may be necessary to carry out the purposes of this 'ct.

Sec. "#. *ppropriations.%% -he amount necessary for the implementation of this 'ct shall be provided in the re0ular appropriations for the Commission on *lections startin0 fiscal year "##3 under the)eneral 'ppropriations 'ct.

Startin0 "##$2 the CM**C is hereby authorized to utilize savin0s and other available fundsfor purposes of its information campai0n on the party%list system.

Sec. 4F. eparabilit" Clause.%% ,f any part of this 'ct is held invalid or unconstitutional2 the

other parts or provisions thereof shall remain valid and effective.

Sec. 4". !epealing Clause.%% 'll la!s2 decrees2 e8ecutive orders2 rules and re0ulations2 or partsthereof2 inconsistent !ith the provisions of this 'ct are hereby repealed.

Sec. 44. 2ffectivit".%% -his 'ct shall ta9e effect fifteen 1"$5 days after its publication in ane!spaper of 0eneral circulation.

'pproved2 March 2 "##$.

CMPS,-,+

+ot more than 4$F Members 1unless other!ise fi8ed by la!5 elected from6a5 e0islative districts 1=FQ of the seats shall be allotted to district representatives.5

-he districts are to be determined accordin0 to the follo!in0 rules6 L4FF districts or =FQ

". -he districts are to be apportioned amon0 the provinces2 cities2 and Metro Manila. LSec. $1"5

4. -he apportionment must be based on the number of inhabitants2 usin0 a uniform and pro0ressiveratio. Githin years follo!in0 the return of every census2 Con0ress shall ma9e a reapportionmentof le0islative districts2 based on the standards herein provided 1to ma9e it representative and moreresponsive to the people5. LSec. $ 1;5

P')* "F=




. *ach le0islative district must comprise as far as practicable2 conti0uous2 compact2 and ad?acentterritory 1to avoid 0errymanderin02 or puttin0 to0ether of areas !here a candidate is stron02 even if these are not conti0uous5. LSec. $ 15

;. *ach city !ith a population of at least 4$F2FFF must have at least one representative. LSec.

$15

$. *ach province2 re0ardless of population must have at least one representative. LSec. $15

b5 Party%list system of re0istered national2 re0ional2 and sectoral parties or or0anizations.LSec. $145

-he party%list representatives shall constitute 4FQ of the lo!er house.>or consecutive terms after the ratification of the Constitution 1"#=<2 "##42 "##$52 "@4

of the seats allocated to the party%list representatives shall be filled by selection or election2 as provided by la!2 form the 1i5 labor2 1ii5 peasant2 1iii5 urban poor2 1iv5 indi0enous culturalcommunities2 1v5 !omen2 1vi5 youth2 and 1vii5 such other sectors as may be provided by la!2 e8ceptthe reli0ious sector.

Until a la! is passed2 the President may set up posts by appointment from a list of nominees by the respective sectors2 the seats reserved for sectoral representatives 1'rt. HV,,,2 Sec.<5.

U',>,C'-,+S

Citizenship6 +atural%born citizen'0e on the day of election6 4$*ducation6 'ble to read and !rite&e0istered voter6 ,n the district2 if district

representative&esidence6 " year in the district

1immediately precedin0 the election5

-*&M > >>,C*

years-o commence 1unless other!ise provided by la!5 at noon of June F ne8t follo!in0 the

election. 1'rt. V,2 Sec. <5

But under Sec. 4 of the -ransitory Provisions2 the members of the ouse elected on thesecond Monday of May2 "#=< shall serve until noon of June F2 "##4.

+o Member of the ouse shall serve for more than consecutive terms. +o voluntaryrenunciation of the office for any len0th of time shall be considered an interruption in the continuityof his service for the full term for !hich he !as elected for the purpose of circumventin0 this %term limitation.1'rt. V,2 Sec. <5

-hus2 Perez can still re%run in "##42 and "##$2 but no lon0er in "##=. ,f he is re%elected in"##4 and "##$2 and he resi0ns in "##<2 he can still no lon0er run in "##=. But if he does not runin "##4 or in "##$2 he can run for another strai0ht terms2 because the continuity !ould be bro9en. -hus2 one can be a lifetime Con0ressman so lon0 as he does not run on the third term.

P')* "F#




/imaporo vs. Mitra 4F4 SC&' <<# 1ct. "$2 "##"5

>6 Petitioner Mohammad 'li /imaporo !as elected &epresentative for the 4nd e0islative /istrictof anao del Sur durin0 the "#=< con0ressional elections.

,n Jan.2 "##F2 petitioner filed !ith the CM**C a Certificate of Candidacy for the position of &e0ional )overnor of the 'utonomous &e0ion in Muslim Mindanao. Upon bein0 informed of suchdevelopment by the CM**C2 respondents Spea9er and Secretary of the ouse of &eps. e8cluded petitionerEs name from the &oll of Members of the ouse of &eps. pursuant to Sec. 3<2 'rti cle ,H of themnibus *lection Code 1B.P. Bl0. =="5

avin0 lost in the elections2 petitioner then tried but failed in his bid to re0ain his seat inCon0ress. ence2 this petition. e maintains that he did not lose his seat as con0ressman because Sec.3<2 'rt. ,H of B.P. Bl0. ==" is not operative under the present Constitution2 bein0 contrary thereto2 andtherefore not applicable to the present members of Con0ress.

,SSU*6 Ghether Sec. 3<2 'rt. ,H of B.P. Bl0. ==" is operative under the present Constitution

*/6 Y*S. Sec. 3<2 'rt. ,H of B.P. Bl0. ==" reads6 D'ny elective official !hether national or local runnin0 for any office other than the one !hich he is holdin0 in a permanent capacity e8ceptfor President and Vice%President shall be considered ipso facto resi0ned from his office upon thefilin0 of his certificate of candidacy.D

Petitioner failed to discern that rather than cut short the term of office of elective publicofficials2 this statutory provision see9s to ensure that such officials serve out their entire term of office and thereby cuttin0 short their tenure by ma9in0 it clear that should they fail in their candidacy2 they cannot 0o bac9 to their former position. -his is consonant !ith the constitutionaledict that all public officials must serve the people !ith utmost loyalty and not trifle !ith themandate !hich they have received from their constituents.

,n theorizin0 that the provision under consideration cuts short the term of office of aMember of Con0ress2 petitioner seems to confuse DtermD !ith DtenureD of office.

D-he term of office prescribed by the Constitution may not be e8tended or shortened by the

le0islature2 but the period durin0 !hich an officer actually holds the office 1tenure52 may be affected bycircumstances !ithin or beyond the po!er of said officer. -hese situations !ill not chan0e the duration of the term of office.D

Under the :uestioned provision2 !hen an elective official covered thereby files a cert. of candidacy for another office2 he is deemed to have voluntarily cut short his tenure2 not his term.-he term remains and his successor2 if any2 is allo!ed to serve its une8pired portion.

-he fact that the 0round cited in Sec. 3<2 'rt. ,H of B.P. Bl0. ==" is not mentioned in theConstitution itself as a mode of shortenin0 the tenure of office of the members of Con0ress does not preclude its application to present members of Con0ress. Sec. 42 'rt. ,H of the Constitution provides that D888 'll other public officers and employees may be removed from office as provided by la!2 but not by impeachment.D Such constitutional e8pression clearly reco0nizes that the ;0rounds found in 'rt. V, of the Constitution by !hich the tenure of a Con0ressman may be

shortened are +- e8clusive.Moreover2 as the mere act of filin0 the certificate of candidacy for another office produces

automatically the permanent forfeiture of the elective position bein0 presently held2 it is notnecessary that the other position be actually held. -he 0round for forfeiture in Sec. "2 'rt. V, of the Constitution is different from the forfeiture decreed in Sec. 3<2 'rt. ,H of B.P. Bl0. =="2 !hichis actually a mode of voluntary renunciation of office under Sec. <2 par. 4 of 'rt. V, of theConstitution. RAM"

)utierrez2 Jr.2 J.6 0issenting opinion

P')* ""F




Con0ress cannot add by statute or administrative act to the causes for dis:ualification or removal of constitutional officers. +either can Con0ress provide a different procedure for disciplinin0 constitutional officers other than those provided in the Constitution.

c. Synchronized terms of office

'rt. HV,,,2 Secs. "%4

Art" >VIII4 *e%" 1" T&e +irst ele%tions o+ Me2ers o+ t&e Congress ,nder t&isConstit,tion s&all e &eld on t&e se%ond Monda! o+ Ma!4 19?"

T&e +irst lo%al ele%tions s&all e &eld on a date to e deter2ined ! t&e President4#&i%& 2a! e si2,ltaneo,s #it& t&e ele%tion o+ t&e Me2ers o+ t&e Congress" It s&all in%l,det&e ele%tion o+ all Me2ers o+ t&e %it! or 2,ni%ipal %o,n%ils in t&e Metropolitan Manila area"

*e%" 7" T&e *enators4 Me2ers o+ t&e .o,se o+ Representatives4 and t&e lo%al o++i%ials+irst ele%ted ,nder t&is Constit,tion s&all serve ,ntil noon o+ B,ne 8=4 1997"

O+ t&e *enators ele%ted in t&e ele%tion in 19974 t&e +irst t#elve otaining t&e &ig&estn,2er o+ votes s&all serve +or si3 !ears and t&e re2aining t#elve +or t&ree !ears"

4. *lection

a. &e0ular election

'rt V,2 Sec. =

Art" VI4 *e%" " Unless ot&er#ise provided ! la#4 t&e reg,lar ele%tion o+ t&e *enatorsand t&e Me2ers o+ t&e .o,se o+ Representatives s&all e &eld on t&e se%ond Monda! o+ Ma!"

&e0ular 1'rt. V,2 Sec. =5

4nd Monday of may2 every years2 startin0 "##4 1unless other!ise provided by la!5. -heterm of office be0ins on the follo!in0 June F.

>or the transitory period2 the first election !as held on the 4nd Monday of May2 "#=< 1'rt.HV,,,2 Sec. ".5

b. Special election

'rt. V,2 Sec. #

Art" VI4 *e%" 9" In %ase o+ va%an%! in t&e *enate or in t&e .o,se or Representatives4 aspe%ial ele%tion 2a! e %alled to +ill s,%& va%an%! in t&e 2anner pres%ried ! la#4 ,t t&e*enator or Me2er o+ t&e .o,se o+ Representatives t&,s ele%ted s&all serve onl! +or t&e,ne3pired ter2"

&epublic 'ct +o. 33;$2 /ec. 4=2 "#=<

P')* """




REPU$LIC ACT )O" 66:;

A) ACT PRE*CRI$I)0 T.E MA))ER O( (ILLI)0 A VACA)C

I) T.E CO)0RE** O( T.E P.ILIPPI)E*"

*e%" 1" In %ase a va%an%! arises in t&e *enate at least eig&teen 1D 2ont&s or in t&e .o,seo+ Representatives at least one 1D !ear e+ore t&e ne3t reg,lar ele%tion +or Me2ers o+ Congress4 t&eCo22ission on Ele%tions4 ,pon re%eipt o+ a resol,tion o+ t&e *enate or t&e .o,se o+ Representatives4as t&e %ase 2a! e4 %erti+!ing to t&e e3isten%e o+ s,%& va%an%! and %alling +or a spe%ial ele%tion4 s&all&old a spe%ial ele%tion to +ill s,%& va%an%!" I+ Congress is in re%ess4 an o++i%ial %o22,ni%ation on t&ee3isten%e o+ t&e va%an%! and %all +or a spe%ial ele%tion ! t&e President o+ t&e *enate or ! t&e*peaer o+ t&e .o,se o+ Representatives4 as t&e %ase 2a! e4 s&all e s,++i%ient +or s,%& p,rpose"T&e *enator or Me2er o+ t&e .o,se o+ Representatives t&,s ele%ted s&all serve onl! +or t&e,ne3pired ter2"

*e%" 7" T&e Co22ission on Ele%tions s&all +i3 t&e date o+ t&e spe%ial ele%tion4 #&i%& s&allnot e earlier t&an +ort!+ive :;D da!s nor later t&an ninet! 9=D da!s +ro2 t&e date o+ s,%&

resol,tion or %o22,ni%ation4 stating a2ong ot&er t&ings t&e o++i%e or o++i%es to e voted +or- Pro$ided% ho"e$er% T&at i+ #it&in t&e said period a general ele%tion is s%&ed,led to e &eld4 t&espe%ial ele%tion s&all e &eld si2,ltaneo,sl! #it& s,%& general ele%tion"

*e%" 8" T&e Co22ission on Ele%tions s&all send %opies o+ t&e resol,tion4 in n,2er s,++i%ient+or d,e distri,tion and p,li%ation4 to t&e Provin%ial or Cit! Treas,rer o+ ea%& provin%e or %it!%on%erned4 #&o in t,rn s&all p,lis& it in t&eir respe%tive lo%alities ! posting at least t&ree %opiest&ereo+ in as 2an! %onspi%,o,s pla%es in ea%& o+ t&eir ele%tion pre%ints4 and a %op! in ea%& o+ t&epolling pla%es and p,li% 2arets4 and in t&e 2,ni%ipal ,ildings"

*e%" :" T&is A%t s&all tae e++e%t ,pon its p,li%ation in t&e O++i%ial 0a5ette or in at leastt#o ne#spapers o+ general %ir%,lation"

Approved4 'e%e2er 74 19?"

'rt. ,H%C2 Sec. ""

Art" I>C4 *e%" 11" (,nds %erti+ied ! t&e Co22ission as ne%essar! to de+ra! t&ee3penses +or &olding reg,lar and spe%ial ele%tions4 pleis%ites4 initiatives4 re+erenda4 andre%alls4 s&all e provided in t&e reg,lar or spe%ial appropriations and4 on%e approved4 s&all ereleased a,to2ati%all! ,pon %erti+i%ation ! t&e C&air2an o+ t&e Co22ission"

,n case of vacancy in the Senate or the ouse2 a special election may be called to fill upsuch vacancy Din the manner prescribed by la!.D

-he la! that 0overns and lays do!n the details concernin0 the special con0ressionalelections is &ep. 'ct +o. 33;$ 1/ecember 4=2 "#=<5. Under the la!2 no special election !ill becalled if the vacancy occurs 1i5 less than "= months before the ne8t re0ular election in the case of the Senate2 or 1ii5 less than " year before the ne8t re0ular election in the case of the ouse7 in thesecases2 !e !ill ?ust have to !ait for the ne8t re0ular election2 for practical reasons.

Ghen the vacancy occurs durin0 the period !hen special elections are allo!ed to beconducted 1"= or "4 months or more before the ne8t re0ular election52 the particular ouse of Con%

P')* ""4




0ress must pass either a resolution by the ouse concerned2 if Con0ress is in session2 or acertification by the Senate President or the Spea9er of the ouse2 if Con0ress is not in session2 1a5declarin0 the e8istence of the vacancy and 1b5 callin0 for a special election to be held !ithin ;$ to#F days from the date of callin0 of the special election 1that is2 from the date of the resolution or certification5.

But the Senator or Member of the ouse thus elected shall serve only for the une8pired portion of the term.1'rt. V,2 Sec. #5

>unds certified by the CM**C as necessary to defray the e8penses for holdin0 re0ular and special elections2 plebiscites2 initiatives2 referenda2 and recalls2 shall be provided in the re0ular or special appropriations and2 once approved2 shall be released automatically upon certification bythe Chairman of the CM**C. 1'rt. ,H%C2 Sec. ""5

,n ozada vs CM**C2 "4F SC&' <2 a petition to compel the CM**C to callspecial elections to fill t!elve vacancies in the interim Batasan0 Pambansa !as dismissed on the0round inter alia that the petitioners !ere not proper parties as they had only !hat the SupremeCourt called a D0eneralized interestD shared !ith the rest of the people.

ozada vs CM**C2 "4F SC&' < 1"#=5

>6 -his is a pet. for mandamus filed by ozada and ,0ot as representative suit for and in behalf of those !ho !ish to participate in the election irrespective of party affiliation2 to compel the resp.CM**C to call a special election to fill up e8istin0 vacancies numberin0 "4 in the ,nterim BP. -he pet.is based on Sec. $ 1452 'rt. V,,, of the "#< Consti. !@c reads6

D,n case a vacancy arises in the BP "= months or more before a re0ular election2 the CM**Cshall call a special election to be held !@in 3F days after the vacancy occurs to elect the Member to servethe une8pired term.D

Petitioner ozada claims that he is a -P and a bona fide elector of Cebu City and a transient voter of C2 MM2 !ho desires to run for the position in the BP7 !hile petitioner ,0ot alle0es that2 as -P2 he hasstandin0 to petition by mandamus the callin0 of a special election as mandated by the "#< Consti.

*/6 ,. a. *s ta-"pa"ers2 petitioners may not file the instant petition2 for no!here thereinis it alle0ed that ta8 money is bein0 ille0ally spent. 888

b. *s voters2 neither have petitioners the re:uisite interest or personality to :ualifythem to maintain and prosecute the present petition. PetitionersE standin0 to sue may not be predicated upon an interest of the 9ind alle0ed here2 !@c is held in common by all members of the public bec. of the necessarily abstract nature of the in?ury supposedly shared by all citizens.

,,. a. -he SCEs ?urisdiction over the CM**C is only to revie! by certiorari thelatterEs decision2 orders or rulin0s. 888 -here is in this case no decision2 order or rulin0 of theCM**C !@c is sou0ht to be revie!ed by this Court under its certiorari ?urisdiction 888.

b. Mandamus does not lie. -here is total absence that CM**C has unla!fullyne0lected the performance of a ministerial duty or has refused on bein0 demanded2 to dischar0esuch a duty. 888 L-he holdin0 of special elections in several re0ional districts !here vacanciese8ist2 !ould entail hu0e e8penditure of money. nly the BP can ma9e the necessary appropriationfor the purpose2 and this po!er of the BP may neither be sub?ect to mandamus by the courts muchless may CM**C compel BP to e8ercise its po!er of appropriation.

,,,. Perhaps the stron0est reason !hy the said provision is not intended to apply to the,nterim +ational 'ssembly is the fact that as passed by the Con Con2 the ,nterim +' !as to be

P')* ""




composed by the dele0ates to the Con Con2 as !ell as the then incumbent Pres. and VP2 and themembers of the Senate and ouse of &ep. of Con0ress under the "#$ Consti. G@ such number of representatives representin0 each con0ressional district2 or a province2 not to mention the Senators2there !as felt absolutely no need for fillin0 up vacancies occurrin0 in the ,nterim +'2 considerin0the uncertainty of the duration of its e8istence. RAM"

Barlon0ay6

6 Can appropriation of money throu0h a la! be compelled by mandamusK'6 +o.

6 ,s the rule absoluteK'6 +o. -here are e8ceptions 1see Pasay case5. )Us may be compelled by mandamus toappropriate money for obli0ations already incurred or 1!hen there is already5 a ri0ht to !@c a private party is entitled.

. Salaries2 Privile0es and /is:ualifications

a. Salaries

Art" VI4 *e%" 1=" T&e salaries o+ *enators and Me2ers o+ t&e .o,se o+ Representatives s&all e deter2ined ! la#" )o in%rease in said %o2pensation s&all taee++e%t ,ntil a+ter t&e e3piration o+ t&e +,ll ter2 o+ all t&e Me2ers o+ t&e *enate and t&e .o,seo+ Representatives approving s,%& in%rease"

Art" >VIII4 *e%" 1?" Until t&e Congress provides ot&er#ise4 t&e 333 President o+ t&e*enate4 t&e *peaer o+ t&e .o,se o+ Representatives 333 s&all re%eive an ann,al salar! o+Dt#o &,ndred +ort! t&o,sand pesos ea%&H t&e *enators4 t&e Me2ers o+ t&e .o,se o+ Representatives4 333 t#o &,ndred +o,r t&o,sand pesos ea%&H 333

-he salaries of Senators and Members of the ouse of &epresentatives shall be determined by la!. Unless the Con0ress provides other!ise2 the President of the Senate and the Spea9er of theouse shall receive an annual salary of P 4;F2FFF7 !hile the Senators and the members of theouse shall receive P 4F;2FFF each. 1'rt. HV,,,2 Sec. "<.5

Ghile it is Con0ress2 throu0h a salary la!2 that determines the salary to be received by itsmembers2 the Constitution mandates that no increase in said compensation shall ta9e effect untilafter the e8piration of the full term of all the members of the t!o houses approvin0 such increase.

Philconsa v Mathay2 "= SC&' FF 1"#335

>6 P,C+S' has filed in this Court a suit a0ainst the 'uditor )eneral of the Phils.2 and the'uditor of the Con0ress2 see9in0 to permanently en?oin the aforesaid officials from authorizin0 or passin0in audit the payment of the increased salaries authorized by &' ;"; 1approved 3@"F@3;5 to the Spea9er and members of the &ep before "4@F@3#.

Sec. "2 par. " of &' ;"; provided2 inter alia2 that the annual salary of the Senate Pres. and of the Spea9er of the &ep shall be P;F2FFF each7 that of the Senators and members of the &ep2 P42FFFeach 1thereby increasin0 their present compensation of P"3- and P<24FF pa for the Presidin0 officers andmembers respectively.5

P')* "";




-he "#3$%"#33 Bud0et implemented the increase in salary of the Spea9er and members of the&ep set by &' ;";.

-he petitioners contend that such implementation is violative of 'rt V,2 Sec. "; of the "#$Consti2 !@c provided that6 D888 +o increase in said compensation shall ta9e effect until after thee8piration of the full term of all the Members of the Senate and of the ouse of &epresentatives approvin0such increase. 888D

-he reason 0iven bein0 that the term of the = senators elected in "#32 and !ho too9 part in the

approval of &' ;";2 !ill e8pire only on "4@F@3#7 !hile the term of the members of the ouse !ho participated in the approval of the said 'ct e8pired on "4@F@3$.

*/6 -he Court a0rees !@ petitioners that the increased compensation provided is not operativeuntil "4@F@3#2 !hen the full term of all members of the Senate and ouse that approved it !illhave e8pired.

Purpose of the provision.%% -he reason for the this rule2 the Court said2 is to place a Dle0al bar to the le0islators yieldin0 to the natural temptation to increase their salaries. +ot that the po!er to provide for hi0her compensation is lac9in02 but !ith the len0th of time that has to elapse beforean increase becomes effective2 there is a deterrent factor to any such measure unless the need for itis clearly felt.D

Si0nificantly2 in establishin0 !hat mi0ht be termed a waiting period 2 the constitutional provision refers to Dall members of the Senate and of the ouse or &ep.D in the same sentence2 as asin0le unit2 !@o distinction or separation bet. them. -his unitary treatment is emphasized by thefact that the provision spea9s of the De8piration of the full termD 888 usin0 the sin0ular form2 andnot the plural2 despite the difference in the terms of office2 888 thereby renderin0 more evident theintent to consider both houses for the purpose as indivisible components of one sin0le e0islature.-he use of the !ord DtermD in the sin0ular2 !hen combined !@ the follo!in0 phrase Dall themembers of the Senate and of the ouse2D underscores that in the application of said provision2 thefundamental consideration is that the terms of office of all members of the e0islature that enactedthe measure must have e8pired before the increase in compensation can become operative.

Term of all the members of the Congress 2 instead of all the members of the enate and of the /ouse.D -his is a distinction !@o a difference2 since the Senate and the ouse to0ether

constitute the Con0ress.

-he use of the phrase Dof the Senate and of the ouseD !hen it could have employed theshorter e8pression Dof the Senate and the ouseD is 0rammatically correct. -o spea9 of Dmembersof the Senate and the ouseD !ould imply that the members of the Senate also held membership inthe ouse. RAM"

,llustration6 ,f a salary la! is passed in "#= increasin0 the salary of members of Con0ress2 the same la! can only ta9e effect for the term that be0ins at noon of F June "##47 but if a salary is passed in "#== decreasin0 the salary of members of Con0ress2 the la! can ta9e effectri0ht a!ay2 since the Constitution prohibits only the increase. ,f another salary la! is passed in

"## to increase the salary2 the same can ta9e effect not in the term be0innin0 at noon of F June"##$7 the top t!elve senators elected on the 4nd Monday of May2 "##4 !ould still be holdin0office then. ,t can only ta9e effect in "##=. *ffectively2 therefore2 such la! can ta9e effect onlyafter the e8piration of the lon0est term of a Senator2 !hich is si8 years2 even if the term of the&epresentative !ho voted for the la! is only years.

i0ot v Mathay2 $3 SC&' =4 1"#<;5

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>6 Petitioner served as a member of the &ep of Con0ress for consecutive ;%yr terms coverin0 a"4%yr span from "4@F@$< to "4@F@3#. /urin0 his 4nd term in office2 &' ;"; !as enacted into la!.

Petitioner !as reelected to a rd term 1"4@F@3$ to "4@F@3#5 but !as held not entitled to thesalary increase of P42FFF durin0 such third term by virtue of this CourtEs unanimous decision inPhilconsa v. Mathay. Petitioner lost his bid for a consecutive ;th term in the "#3# elections and his termhavin0 e8pired on "4@"@3#2 filed a claim for retirement under C' "=32 Sec. "4 1c52 as amended.

-he &ep thus issued a treasury !arrant in petitionerEs favor as his retirement 0ratuity2 usin0 theincreased salary of P42FFF p.a. &esp. Con0ress 'uditor did not si0n the !arrant pendin0 resolution bythe 'uditor )en. of a similar claim filed by Con0 Sin0son. Ghen the 'uditor )en.Es adverse decision onSin0sonEs claim came out2 resp 'uditor re:uested petitioner to return the !arrant for recomputation.PetitionerEs re:uest for recon havin0 been denied by the 'uditor )en. he filed the present petition for revie!.

*/6 ". L-he Drate of pay as provided by la!D for members of Con0ress retirin0 on "4@F@3#2such as petitioner2 must necessarily be P<24FF p.a.2 the compensation they received Das provided byla!D and the Consti durin0 their term of office.

4. -o 0rant retirement 0ratuity to members of Con0ress !hose terms e8pired on "4@F@3#computed on the basis of an increased salary of P42FFF p.a. !ould be to pay them prohibitedemoluments !@c in effect increase the salary beyond that !@c they !ere permitted by the Consti. to

receive durin0 their incumbency. -his !ould be a subtle !ay of 0oin0 around the constitutional prohibition and increasin0 in effect their compensation durin0 their term of office and of doin0indirectly !hat could not be done directly.

. PetitionersE contention that since the increased salary of P4- p.a. !as alreadyoperative !hen his retirement too9 effect on "4@F@3#2 his retirement 0ratuity should be based onsuch increased salary cannot be sustained as far as he and other members of Con0ress similarlysituated are concerned for the simple reason that a retirement or benefit is a form of compensationw3in the purview of the Constitutional provision limiting their compensation and other emoluments to their salar" as provided b" law. RAM"

b. >reedom from arrest

Art" VI4 *e%" 11" A *enator or Me2er o+ t&e .o,se s&all4 in all o++enses p,nis&ale! not 2ore t&an si3 6D !ears i2prison2ent prision correcional D4 e privileged +ro2 arrest#&ile Congress is in session" 333

*lements of the privile0e6

i. Con0ress must be in session2 !hether re0ular 1sec. "$5 or special 1supra5. ,t does notmatter !here the member of Con0ress may be found 1attendin0 the session2 socializin0 in a private party2 or sleepin0 at home57 so lon0 as Con0ress is in session2 freedom from arrest holds7

ii. -he crime for !hich the member is to be arrested is punishable by 3 years of

imprisonment or less. DPunishableD refers to the ma8imum possible penalty !hich a penal statuteattaches to the offense. ,t follo!s too that if the crime is punishable by 3 years and " day of prision ma"or or more2 the member can be arrested2 even if he is session in the halls of Con0ress.

istory of the privile0e

-he &evised Penal Code 1'ct +. ="$52 enacted in "#42 indirectly 0ranted parliamentary immunity2 !hen in 'rt. ";$2 it punished !ith a penalty of prision correcional Dany

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public officer or employee !ho shall2 !hile the 'ssembly is in re0ular or special session2 arrest or search any member thereof2 e8cept in case such member has committed a crime punishable under this Code by a penalty hi0her than prision ma"or .D

Ghen the "#$ Constitution too9 effect2 it !as thou0ht that a direct 0rant of parliamentaryimmunity !as 0iven2 since in 'rt. V,2 Sec. "$2 it !as provided that6 D-he Senators and Members

of the ouse of &epresentatives shall in all cases e8cept treason2 felony and breach of the peace2 be privile0ed from arrest durin0 their attendance at the session of the Con0ress2 and in 0oin0 to andreturnin0 from the same.D

Martinez v Morfe2 ;; SC&' 44 1"#<45

>6 Both petitioners are facin0 criminal prosecution2 the information filed a0ainst petitioner Martinez for falsification of a public document 1punishable by prision ma"or 5 and 4 informations a0ainst petitioner Bautista2 Sr. for violation of the &evised *lection Code 1penalty imposable for each offensechar0ed is not hi0her than prision ma"or 5. Petitioners2 as dele0ates of the Con Con 1"#< Consti.5 !ouldinvo9e !hat they consider to be the protection of the constitution 10rantin0 immunity from arrest tosenators and representatives durin0 their attendance at the sessions of Con0ress5 if considered in

connection !@ 'rt ";$2 &PC penalizin0 a public officer !ho shall2 durin0 the sessions of Con0ress2 Darrestor search any member thereof2 e8cept in case such member has committed a crime punishable under 1such5 code by a penalty hi0her than prision ma"or .D >or under the Constitutional Convention 'ct2dele0ates are entitled to the parliamentary immunities of a senator or a representative.

Ghat is sou0ht by petitioners is that the respective !arrants of arrest issued a0ainst them be:uashed on the claim that by virtue of the parliamentary immunity they en?oy as dele0ates2 888 they areimmune from arrest.

*/6 Certiorari does not lie to :uash the !arrants issued a0ainst petitioners. -heir reliance onthe constitutional provision !@c for them should be supplemented by !hat !as provided for in the&PC is futile. -here is no ?ustification for 0rantin0 their respective pleas.

Under 'rt. ,V2 Sec. "$ of the "#$ Consti.2 the immunity from arrest does not cover any prosecution for treason2 felony and breach of the peace. Treason e8ists !hen the accused levies

!ar a0ainst the &epublic or adheres to its enemies 0ivin0 them aid and comfort. ' felon" is an actor omission punishable by la!. $reach of the peace covers any offense !hether defined by the&PC or any special statute. 888 L>rom the e8plicit lan0ua0e of the Consti.2 888 petitioners cannot ?ustify their claim to immunity. +or does 'rt. ";$2 &PC come to their rescue. Such a provisionthat too9 effect in "#4 could not survive after the Consti. became operative on "F@"$@$.

888 ,n the lan0ua0e of the Consti. then that portion of 'rt. ";$2 &PC penalizin0 a publicofficial or employee !ho shall !hile the Con0ress is in re0ular or special session arrest or searchany member thereof e8cept in case he has committed a crime punishable under the &PC by a penalty hi0her than prision ma"or is declared inoperative.

-he above conclusion reached by this Court is bolstered and fortified by policyconsiderations. -here is2 to be sure2 a full reco0nition of the necessity to have members of Con0ress2 and li9e!ise dele0ates to the ConCon2 entitled to the utmost freedom to enable them todischar0e their vital responsibilities2 bo!in0 to no other force e8cept the dictates of their conscience. 888 -he utmost latitude in free speech should be accorded them. Ghen it comes tofreedom from arrest2 ho!ever2 it !ould amount to the creation of a privile0ed class2 !@o ?ustification in reason2 if not!ithstandin0 their liability for a criminal offense2 they !ould beconsidered immune durin0 their attendance in Con0ress and in 0oin0 to and returnin0 from thesame. -here is li9ely no dissent from the proposition that a le0islator or a dele0ate can perform hisfunctions efficiently and !ell2 !@o the need for any trans0ression of the criminal la!. RAM"

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-he e8ceptions under the "#$ Constitution 1treason2 felony and breach of the peace5 !ereso comprehensive as to e8clude from the operation of the privile0e all criminal offenses and to limitthe immunity from arrest or civil process only durin0 the session of that body. Ultimately2 'rt. ";$of the &PC2 to the e8tent that it penalized public officers from arrestin0 members of Con0ress for crimes punishable !ith prision ma"or or less2 !as rendered DinoperativeD upon the passa0e of the"#$ Constitution. 'rt. ";$2 then !as deemed stric9en out of the statute boo9s upon this

declaration by the Court7 it !as declared Dinoperative.D Githout this felony2 there !as no !ay tospea9 of immunity from arrest.

-he "#<" Concon2 a!are of this rulin0 1Martinez and Bautista !ere dele0ates52 providedfor real immunity in the "#< Constitution2 by includin0 'rt2 V,,,2 Sec. #6 D' Member of the +ational 'ssembly shall2 in all offenses punishable by not more than 3 years imprisonment2 be privile0ed from arrest durin0 his attendance at its sessions2 and in 0oin0 to and returnin0 from thesame7 but the +ational 'ssembly shall surrender the Member involved to the custody of the la!!ithin 4; hours after its ad?ournment for a recess of its ne8t session2 other!ise such privile0e shallcease upon its failure to do so.D

-he "#=< Constitution seems to have !idened the privile0e by simply statin0 that such amember Dshall2 in all offenses punishable by not more than 3 years imprisonment2 be privile0edform arrest !hile the Con0ress is in session.D Unli9e the "#< rule2 no!2 arrest can only be made!hen Con0ress is not in session. ,f the arrestin0 officer cannot ac:uire ?urisdiction over the personof the member durin0 such period2 he !ill have to !ait until the end of his term.

,t !ould also seem that upon the effectivity of the "#< Constitution2 'rt. ";$2 &PC !hich!as declared inoperative by the SC2 !as deemed revived2 but !ith modification 1from prisionma"or to prision correcional 5.

c. Speech and /ebate Clause

Art VI4 *e%" 11" 333 )o 2e2er s&all e ,estioned nor e &eld liale in an! ot&erpla%e +or an! spee%& or deate in t&e Congress or in an! %o22ittee t&ereo+"

-his privile0e protects the member concerned from any libel suit that may be filed a0ainsthim for a speech made DinD the halls of Con0ress or in any of its committees. Speech is notconfined to traditional speech but even to the castin0 of votes2 the ma9in0 of reports2 a debate or discussion2 even communicative actions2 and any other form of e8pression.

-he speech2 ho!ever2 must be made DinD Con0ress in the dischar0e of le0islative duty.-hus2

Jimenez v Caban0ban02 "< SC&' =<3 1"#335

>6 -his is an ordinary civil action for the recovery by plaintiffs Jimenez2 et al.2 of severalsums of money2 by !ay of dama0es for the publication of an alle0edly libelous letter of defendantBartolome Caban0ban0. 'n open letter of the President2 published in several ne!spapers of 0eneral circulation sayin0 that certain members of the 'rmed >orces of the Philippines had been preparin0 for a coup and !or9in0 for the candidacy of the Secretary of /efense for the Presidency.

Upon bein0 summoned2 the Caban0ban0 moved to dismiss the complaint upon the 0roundthat the letter in :uestion is not libelous2 and that2 even if it !ere2 said letter is a privile0edcommunication.

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,SSU*S6 Ghether the publication in :uestion is a privile0ed communication7 and2 if not2 145!hether it is libelous or not.

1"5 -he determination of the first issue depends on !@n the publication falls !@in the purvie! of the phrase Dspeech or debate thereinD%% that is to say2 in Con0ress%% used in this provision.

cope of Parliamentar" 4reedom of peech and 0ebate.%% DSaid e8pression refers toutterances made by Con0ressmen in the performance of their official functions2 such as speechesdelivered2 statements made2 or votes cast in the halls of Con0ress2 !hile the same is in session2 as!ell as bills introduced in Con0ress2 !hether the same is in session or not2 and other acts performed by Con0ressmen2 either in Con0ress or outside the premises housin0 its offices2 in theofficial dischar0e of their duties as members of Con0ress and of Con0ressional Committees dulyauthorized to perform its functions as such2 at the time of the performance of the acts in :uestion.D

-he publication involved in this case does not belon0 to this cate0ory. 'ccordin0 to thecomplaint herein2 it !as an open letter to the Pres. dated ""@";@$=2 !hen Con0ress presumably !asnot in session2 and def. caused said letter to be published in several ne!spapers of 0en. circ. in thePhils.2 on or about said date. ,t is obvious that2 in thus causin0 the communication to be so published2 he !as not performin0 his official duty2 either as a member of Con0ress of as officer or any Committee thereof.

145 Letter was not libelous.@@ -he letter !as not libelous bec. it mentions that hereinappellants as possibly Dun!ittin0 tools of a plan of !hich they have absolutely no 9no!led0e.D ,nother !ords2 the very document upon !@c pltffsE action is based e8plicitly indicates that they mi0ht be absolutel" unaware of the alle0ed operation plans2 and that they may be un!ittin0 tools of the planners. -he statement is not dero0atory to pltffs. to the point of entitlin0 them to recover dama0es. RAM"

-he provision protects the Member of Con0ress only from bein0 held liable outside of

Con0ress 1Din any other placeD57 it does not protect him from liability DinsideD Con0ress2 i.e.2 from possible disciplinary measures that his peers may impose upon him. >or as mentioned above2 hisspeech may constitute disorderly behavior as in smena v Pendatun 1"F# Phil =352 and this may be penalized !ith censure2 suspension for 3F days2 or e8pulsion2 the latter t!o upon concurrenceof 4@ of the membership.

,t is important to note that this privile0e is not absolute. -he rule provides that thele0islator may not be :uestioned Din any other place2D !hich means that he may be called toaccount for his remar9s by his o!n collea0ues in Con0ress itself2 and !hen !arranted2 punishedfor disorderly behavior. -hus2 in the case of smena v Pendatun2 the President himself !ho had been vilified by the petitioner could not file any civil or criminal action a0ainst him because of thisimmunity. +onetheless2 the ma?ority of the members of the ouse of &epresentatives in !hich the:uestioned speech !as delivered !ere not precluded from demonstratin0 their loyalty to the chief e8ecutive by declarin0 smena 0uilty of disorderly behavior and suspendin0 him in the e8ercise of their disciplinary po!er Lno! 'rt. V,2 Sec. "315.

smena v Pendatun 1"F# Phil =35

>6 ,n "#3F2 Con0. smena delivered a privile0e speech in Con0ress entitled D' Messa0e to )arcia2Dmaliciously denouncin0 and char0in0 the administration of Pres. )arcia. 's a result of this2 the &epthrou0h ouse &esolution +o. $# created a special committee to investi0ate the veracity of the char0es

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and for him to sho! cause !hy he should not be punished by the ouse if he failed to substantiate hischar0es. n his side2 smena contended in his petition that6 1"5 the Consti. 0ave him complete parliamentary immunity2 and so2 for !ords spo9en in the ouse2 he ou0ht not to be :uestioned7 145 thathis speech constituted no disorderly behavior for !@c he could be punished7 15 supposin0 he could be:uestioned and disciplined therefor2 the ouse had lost the po!er to do so bec. it had ta9en up other business before approvin0 ouse &esolution +o. $#7 1;5 that the ouse has no po!er2 under the Consti.2to suspend one of its members.

&esolution +o. "<$ found smena 0uilty of serious disorderly behavior. e !as suspended for "$ months.

*/6 ". Sec. "$2 'rt. V, of the "#$ Consti. provides that Dfor any speech or debateD inCon0ress2 the Senators or Members of the &ep Dshall not be :uestioned in any other place.Dbserve that Dthey shall not be :uestioned in any other placeD than Con0ress. But they may2nevertheless2 be :uestioned in Congress itself.

>urthermore2 the &ules of the ouse !@c petitioner himself has invo9ed reco0nize theouseEs po!er to hold a member responsible Dfor !ords spo9en in debate.D

-he provision 0uarantees the le0islator complete freedom of e8pression !@o fear of bein0made responsible in criminal or civil actions before the courts or any other forum outside of theCon0ressional all. But it does not protect him from responsibility before the le0islative body itself

!henever his !ords and conduct are considered by the latter disorderly or unbecomin0 a member thereof.>or unparliamentary conduct2 members 888 of Con0ress have been2 or could be censured2

committed to prison2 suspended2 even e8pelled by the votes of their collea0ues.

4. n the third point of petitioner that the ouse may no lon0er ta9e action a0ainst him2 bec. after his speech and before approvin0 the &esolution +o. $#2 it had ta9en up other business.

888 LCourts have declared that Dthe rules adopted by deliberative bodies are sub?ect torevocation2 modification or !aiver at the pleasure of the body appointin0 them.D 'nd it has beensaid that DParliamentary rules are merely procedural and !@ their observance2 the courts have noconcern. -hey may be !aived or disre0arded by the le0islative body.D

. n the :uestion !@n delivery of speeches attac9in0 the Pres. constitutes disorderly

conduct for !@c smena may be disciplined2 !e believe that the ouse is the ?ud0e of !hatconstitutes disorderly behavior2 not only bec. the Consti. has conferred ?urisdiction upon it2 but also bec. the matter depends mainly on factual circumstances of !@c the ouse 9no!s best but !@c cannot be depicted in blac9 and !hite for presentation to2 and ad?udication by the Courts. RAM"

,llustration6 ,f Con0ressman H ma9es an oral abuse a0ainst Con0ressman Y in the halls of Con0ress2 he cannot be arrested nor prosecuted for slander because of the speech clause. But hecan be punished by his peers for disorderly behavior.

But if Con0. H2 in the course of heated debate2 assaults Con0. Y and inflicts physicalin?uries2 he can be criminally prosecuted 1for direct assault !ith 0rave or less 0rave physicalin?uries5 because althou0h a verbal assault is immune2 a physical is not immune. But althou0h he

can be prosecuted2 he cannot be arrested !hile Con0ress is in session2 because !hile he is notimmune from prosecution2 he is immune from arrest2 assumin0 the penalty does not e8ceed prisioncorrectional. -he court must thus !ait for the recess of Con0ress before it can order his arrest.

d. /is:ualifications

1"5 ,ncompatible ffices and >orbidden ffices

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Art" VI4 *e%" 18" )o *enator or Me2er o+ t&e .o,se o+ Representatives 2a! &oldan! ot&er o++i%e or e2plo!2ent in t&e 0overn2ent4 or an! s,division4 agen%!4 orinstr,2entalit! t&ereo+4 in%l,ding govern2ento#ned or %ontrolled %orporations or t&eirs,sidiaries4 d,ring &is ter2 #it&o,t +or+eiting &is seat" 333

'n incompatible office is a post !hich a member cannot accept unless he !aives or

forfeits his seat in Con0ress. ' sensu contrario2 if he !aives or forfeits his seat2 he may accept theother post2 since the incompatibility arises only because of his simultaneous membership in both.

B'&+)'Y C'S*6

'daza v. Pacana2 Jr.2 "$ SC&' ;" 1"#=$5

>6 Petitioner omobono 'daza !as elected 0overnor of Misamis riental in the "@F@=F elections.*lected vice%0ov. for said province in the same elections !as resp. >ernando Pacana2 Jr. Both :ualifiedand assumed their respective offices.

Both 'daza and Pacana filed their certificates of candidacy for the $@";@=; BP elections. ,n thesaid elections2 petitioner !on !hile respondents lost.

n <@4@=;2 resp. too9 his oath of office as 0ov. of Mis. r. and started to perform the duties of 0overnor. Claimin0 to be the la!ful occupant of the 0overnorEs office2 petitioner has brou0ht this petitionto e8clude resp. therefrom. e ar0ues that he !as elected to said office for a term of 3 yrs.2 that heremains to be the 0overnor of the province until his term e8pires on @4@=3 as provided by la!2 and that!@in the conte8t of the parliamentary system2 a local elective official can hold the position to !@c he had been elected and simultaneously be an elected member of Parliament.

*/6 ". -he constitutional prohibition a0ainst a member of the BP from holdin0 any other office of employment in the 0ovt durin0 his tenure is clear and unambi0uous. Sec. "F2 'rt. V,,, of the "#< Consti. provides that6

DSec. "F. ' member of the +ational 'ssembly shall not hold any other office or employment inthe 0overnment 888 e8cept that of prime minister or member of the cabinet. 888

888 ,t is of no avail to petitioner that the system of 0ovt in other states allo!s a local

elective official to act as an elected member of the parliament at the same time. -he dictate of the people in !hom le0al soverei0nty lies is e8plicit. 888 L-he incompatibility herein present is onecreated by no less than the constitution itself.

4. -he second proposition advanced by petitioner is that resp. Pacana2 as a mere privatecitizen2 had no ri0ht to assume the 0overnorship left vacant by petitionerEs election to the BP. emaintains that resp. should be considered as havin0 abandoned or resi0ned from the vice%0overnorship !hen he filed his cert. of candidacy. -he point pressed runs afoul of BP 3#<2 Sec. "145 of !@c provides that 0overnors2 mayors2 members of the various san00unian0 or baran0ayofficials shall2 upon filin0 a cert. of candidacy2 be considered on forced leave of absence fromoffice.D &esp falls !@in the covera0e of this provision considerin0 that he !as a member of theSan00unian0 Panlala!i0an. RAM"

Art" VI4 *e%" 18" 333 )eit&er s&all &e e appointed to an! o++i%e #&i%& 2a! &ave een%reated or t&e e2ol,2ents t&ereo+ in%reased d,ring t&e ter2 +or #&i%& &e #as ele%ted"

>orbidden ffice 1V,2 Sec. "5

' forbidden office is one to !hich a member cannot be appointed even if he is !illin0 to0ive up his seat in Con0ress. -he effect of his resi0nation from the Con0ress is the loss of his seat

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therein but his dis:ualification for the forbidden office nevertheless remains. -he prohibition liesin the DfiduciaryD nature of the relationship involved.

Such a member cannot resi0n in anticipation of the passa0e of the la! creatin0 such officeor increasin0 its emolument as a !ay of circumventin0 the prohibition. o!ever2 the prohibitionis not forever 1as in the Jones a!57 it is for the term for !hich he !as elected.

145 ther prohibitions

Art" VI4 *e%" 1:" )o *enator or Me2er o+ t&e .o,se o+ Representatives 2a!personall! appear as %o,nsel e+ore an! %o,rt o+ <,sti%e or e+ore t&e Ele%toral Tri,nals4 or,asi<,di%ial and ot&er ad2inistrative odies" )eit&er s&all &e4 dire%tl! or indire%tl!4 einterested +inan%iall! in an! %ontra%t #it&4 or in an! +ran%&ise or spe%ial privilege granted !t&e 0overn2ent4 or an! s,division4 agen%!4 or instr,2entalit! t&ereo+4 in%l,ding an!govern2ento#ned or %ontrolled %orporation4 or its s,sidiar!4 d,ring &is ter2 o+ o++i%e" .es&all not intervene in an! 2atter e+ore an! o++i%e o+ t&e 0overn2ent +or &is pe%,niar! ene+itor #&ere &e 2a! e %alled ,pon to a%t on a%%o,nt o+ &is o++i%e"

1i5 Personally appearin0 as counsel before any court of ?ustice2 the *lectoral -ribunal2:uasi%?udicial bodies2 and other administrative bodies.

Ghat the Constitution prohibits in the case of members of Con0ress !ho are also membersof the bar is their personal appearance before any of these bodies. -his is not a prohibition a0ainst2the practice of la! in any court. -hus2 a member may still si0n and file his pleadin0s2 0ive le0aladvice2 continue as partner2 and have a partner or associate appear for him in court.

Under the "#< Constitution2 the prohibition a0ainst personal appearance covered onlycourts inferior to a court of appellate ?urisdiction 1&-C do!n52 courts in a civil case !herein the0overnment is the adverse party2 and administrative bodies. +o!2 the prohibition is a0ainst DanyDcourt2 thus includin0 the SC and the C'2 re0ardless of the action.

B'&+)'Y C'S*6

Puyat v. /e )uzman2 Jr.2 "" SC&' 4 1"#=45

>6 n $@";@<#2 an election for the "" /irectors of the ,nternational Pipe ,ndustries Corp. 1,P,5 !asheld. -here !ere t!o 0roups2 the Puyat )roup and the 'cero )roup. -he Puyat )roup !ould be incontrol of the Board and of the mana0ement of ,P,.

n $@4$@<#2 the 'cero )roup instituted at the S*C 1uo warranto proc. :uestionin0 the $@";@<#election. -he said 0roup claimed that the votes !ere not properly counted.

May 4$%"2 "#<#2 the Puyat )roup claims that at the conferences of the parties !@ resp. S*CCommissioner2 Justice *stanislao '. >ernandez2 then a member of the ,nterim BP2 orally entered his

appearance as counsel for resp. 'cero to !@c the Puyat )roup ob?ected on Constitutional 0rounds. Sec. ""2'rt. V,,, of the "#< Consti. provided that no 'ssemblyman could Dappear as counsel before 888 anyadministrative body2D and S*C !as an administrative body.

888n <@"<@<#2 the S*C 0ranted leave to intervene on the basis of 'tty. >ernandezE o!nership of ten

shares. ,t is this rder allo!in0 intervention that precipitated the instant petition for Certiorari andProhibition !@ Prel. ,n?.

888n #@;@<#2 the Court en banc issued a -& en?oinin0 resp S*C Commissioner from allo!in0 the

participation as an intervenor2 of resp. >ernandez at the proceedin0s in the S*C case.

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*/6 -he intervention of 'ssemblyman >ernandez in the S*C case falls !@in the ambit of the prohibition contained in the Consti. -here has been an indirect Dappearance as counsel before 888an administrative body.D

rdinarily2 by virtue of the Motion of ,ntervention2 'ssemblyman >ernandez cannot besaid to be appearin0 as counsel. stensibly2 he is not appearin0 on behalf of another2 althou0h he

is ?oinin0 the cause of the pvt resps. is appearance could theoretically be for the protection of hiso!nership of "F shares of ,P, in respect of the matter in liti0ation.

o!ever2 certain salient circumstances militate a0ainst the intervention of 'ssemblyman >.in the S*C case. e had ac:uired a mere P4FF !orth of stoc9s in ,P,. e ac:uired them Dafter thefact2D that is2 on $@F@<#2 after the contested election of /irectors on $@";@<#2 after the 1uowarranto suit had been filed on $@4$@<# before S*C and one day before the scheduled hearin0 of the case before the S*C on $@"@<#. 'nd !hat is more2 before he moved to intervene2 he hadsi0nified his intention to appear as counsel for resp. 'cero2 but !@c !as ob?ected to by petitioners.&ealizin02 perhaps2 the validity of the ob?ection2 he decided2 instead to DinterveneD on the 0round of le0al interest in the matter under liti0ation. RAM"

1ii5 Bein0 interested financially in any 1a5 contract !ith2 or 1b5 franchise or special privile0e 0ranted by2 the )overnment2 its subdivision2 a0ency or instrumentality2 a 0overnment%o!ned or controlled corporation2 or its subsidiary. -he prohibition is for the duration of his term of office.

1iii5 ,ntervenin0 in any matter before any office of the 0overnment for his pecuniary benefit.

1iv5 ,ntervenin0 in any matter !here he may be called upon to act on account of his office.

,t may be noted that the last prohibitions are themselves punishable acts under the 'nti%)raft and Corrupt Practices 'ct.

e. /uty to /isclose

Art" >I4 1?" A p,li% o++i%er or e2plo!ee s&all4 ,pon ass,2ption o+ o++i%e and as o+tent&erea+ter as 2a! e re,ired ! la#4 s,2it a de%laration ,nder oat& o+ &is assets4 liailities4and net #ort&" In t&e %ase o+ t&e President4 t&e Vi%ePresident4 t&e Me2ers o+ t&e Cainet4t&e Congress4 t&e *,pre2e Co,rt4 t&e Constit,tional Co22issions and ot&er %onstit,tionalo++i%es4 and o++i%ers o+ t&e ar2ed +or%es #it& general or +lag ran4 t&e de%laration s&all edis%losed to t&e p,li% in t&e 2anner provided ! la#"

Art" VI4 *e%" 17" All Me2ers o+ t&e *enate and t&e .o,se o+ Representatives s&all4,pon ass,2ption o+ o++i%e4 2ae a +,ll dis%los,re o+ t&eir +inan%ial and ,siness interests"T&e! s&all noti+! t&e .o,se %on%erned o+ a potential %on+li%t o+ interest t&at 2a! arise +ro2t&e +iling o+ a proposed legislation o+ #&i%& t&e! are a,t&ors"

*e%" 7=" T&e re%ords and oos o+ a%%o,nts o+ t&e Congress s&all e preserved and eopen to t&e p,li% in a%%ordan%e #it& la#4 and s,%& oos s&all e a,dited ! t&e Co22issionon A,dit #&i%& s&all p,lis& ann,all! an ite2i5ed list o+ a2o,nts paid to and e3pensesin%,rred +or ea%& Me2er"

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,n 0eneral2 a public officer or employee shall2 upon assumin0 office and as often thereafter as may be2 re:uired by la!2 submit a declaration under oath of his assets2 liabilities and net !orth.But in the case of members of Con0ress and other hi0h 0overnment officials 1as enumerated52 thedisclosure must be made public 1'rt. H,2 Sec. "<5. >urthermore2 all members of Con0ress shall2upon assumption of office ma9e a full disclosure of their financial and business interests 1'rt. V,2Sec. "45.

-he la! 0overnin0 this financial disclosure by public officers and employees is &' F"#2other!ise 9no!n as the 'nti%)raft and Corrupt Practices 'ct. *very public officer shall submit to1a5 the ffice of the /epartment ead2 or 1b5 the ffice of the President in case of a head of department or chief of an independent office2 the follo!in06

". ' true2 detailed2 and s!orn statement of assets and liability7

4. ' statement of the amounts and sources of his income7

. -he amount of personal and family e8penses2 and

;. -he amount of income ta8es paid the previous year2 on the follo!in0 occasions6

1a5 !ithin F years after assumin0 office1b5 on or before 'pril "$ after the close of the calendaryear2 and1c5 upon the e8piration of their term of office2 or uponresi0nation or separation from office

Ghen a member of Con0ress authors a proposed le0islation2 he must notify the ouseconcerned of any Dpotential conflict of interestD that may arise from his filin0 of such bill 1'rt. V,2Sec. "4.5

>urthermore2 the records and boo9s of accounts of the Con0ress shall be preserved and be

open to the public in accordance !ith la!2 and such boo9s shall be audited by the Commission on'udit2 !hich shall publish annually an itemized list of amounts paid to and e8penses incurred for each Member 1'rt. V,2 Sec. 4F.5

-he purpose of public disclosure of a memberEs financial status and official e8penses is toma9e him visible to the rest2 and thus 0ive him a deterrent from committin0 0raft and corruption.-he public has a ri0ht to 9no! ho! much it is spendin0 for its 0overnment2

;. ,nternal )overnment of Con0ress

a. *lection of officers

Art" VI4 *e%" 16 1D T&e *enate s&all ele%t its President and t&e .o,se o+ Representatives its *peaer4 ! a 2a<orit! vote o+ all its respe%tive Me2ers"

Ea%& .o,se s&all %&oose s,%& ot&er o++i%ers as it 2a! dee2 ne%essar!"

>irst order of business % election by each house of the President of the Senate and theSpea9er of the ouse2 and such other officers that the rules of each house may provide.

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' ma?ority vote of all the respective members is re:uired to elect these t!o officers.

Upon the election of the President and the Spea9er2 the Constitution deems the ousesDor0anized.D 1V,2 "#5

b. uorum

!d&% *e%" 167D A 2a<orit! o+ ea%& .o,se s&all %onstit,te a ,oro2 to do ,siness4 ,ta s2aller n,2er 2a! ad<o,rn +ro2 da! to da! and 2a! %o2pel t&e attendan%e o+ asentMe2ers in s,%& 2anner4 and ,nder s,%& penalties4 as s,%& .o,se 2a! provide"

-he :uorum re:uired to conduct business is a ma?ority 1"@4 "5 of all the members.

But to pass a la!2 only the votes of the ma?ority of those present in the session2 there bein0a :uorum2 are re:uired. -his is 9no!n as the Dshiftin0 ma?orityD.

-o illustrate6 " members of the Senate are sufficient to constitute a :uorum. ,f only "members are present2 a vote by < in favor of a bill is sufficient to pass it. But as the number of those present increases2 the number of votes needed to pass a bill !ould correspondin0ly increase2i.e.2 shift.

Ghen a :uorum cannot be had2 a smaller number may ad?ourn from day to day2 andcompel the attendance of the absent 1recalcitrant5 members by the means of arrest or such other measures and penalties as the ouse may provide in its rules.

'velino v Cuenco2 = Phil "< 1"#;#5

>6 Jose 'velino !as Senate President in "#;#. n 4@4"@;#2 Senators -anada and Sanidad filed aresolution 1&esolution 3=5 a0ainst 'velino callin0 for an investi0ation. /urin0 the session2 'velino and 3others !al9ed out leavin0 "4 senators behind. -he "4 senators continued the session and passed

resolution no. 3< declarin0 the Senate Pres. seat vacate. Sen. Cuenco !as eventually elected as the actin0Pres. of the Senate.By his petition in this 1uo warranto proceedin0 petitioner as9s the Court to declare him the

ri0htful President of the Phil. Senate and oust resp.2 Sen. Cuenco.

,SSU*S6 a. /oes the Court have ?urisdiction over the sub?ect%matterK b. ,t if has2 !ere resolutions +os. 3= and 3< validly approvedKc. Should the petition be 0rantedK

*/6 a. -o the first :uestion2 the ans!er is in the ne0ative2 in vie! of the separation of po!ers2the political nature of the controversy and the constitutional 0rant to the Senate of the po!er toelect its o!n pres.2 !@c po!er should not be interfered !@2 nor ta9en over2 by the ?udiciary. 888

b. -he second :uestion depends upon these sub%:uestions6 1"5 Gas the session of the so%called rump Senate a continuation of the session validly assembled !@ 44 Senators 14 !ere absent%%one !as abroad7 the other !as confined in a Manila hospital5 in the mornin0 of 4@4"@;#K 145 Gasthere a :uorom in that sessionK

1"5 Supposin0 that the Court has ?urisdiction2 there is unanimity in the vie! that thesession under Sen. 'rranz !as a continuation of the mornin0 session and that a minority of "Fsenators may not2 by leavin0 the all2 prevent the other "4 senators from passin0 a resolution thatmet !@ their unanimous resolution.

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145 ,f the rump session !as not a continuation of the mornin0 session2 !as it validlyconstitutedK Justices Paras2 >eria2 Pablo and Ben0zon say there !as for the follo!in0 reasons6 1i5the minutes say so2 1ii5 at the be0innin0 of such session there !ere at least "; senators includin0Senators Pendatun and opez2 and 1iii5 in vie! of the absence from the country of Senator Confessor2 "4 senators constitute a ma?ority of the Senate of 4 senators. Ghen the Constitutiondeclares that a ma?ority of Deach ouseD shall constitute a :uorom2 Dthe ouseD does not mean

DallD the members. *ven a ma?ority of all the members constitute the Douse.D -here is adifference bet. a ma?ority of Dall the members of the ouseD and a ma?ority of Dthe ouse2D thelatter re:uirin0 less number than the first. -herefore2 an absolute ma?ority 1"45 of all the membersof the Senate less one 145 constitutes constitutional ma?ority of the Senate for the purpose of the:uorom. J. Pablo believes further that even if the "4 did not constitute a :uorom2 they could haveordered the arrest of one2 at least2 of the absent members 888. RAM"

,n 'velino v Cuenco2 supra.2 the rulin0 then !as6 -he :uorum !as computed on thenumber of Senators over !hom the Senate has ?urisdiction at the time of session.

c. &ules of proceedin0s

!d&% *e%s" 168D Ea%& .o,se 2a! deter2ine t&e r,les o+ its pro%eedings4 p,nis& itsMe2ers +or disorderl! e&avior4 and #it& t&e %on%,rren%e o+ t#ot&irds o+ all its Me2ers4s,spend or e3pel a Me2er" A penalt! o+ s,spension4 #&en i2posed4 s&all not e3%eed si3t!da!s"

*e%" 71" T&e *enate or t&e .o,se o+ Representatives or an! o+ its respe%tive%o22ittees 2a! %ond,%t in,iries in aid o+ legislation in a%%ordan%e #it& its d,l! p,lis&edr,les o+ pro%ed,re" T&e rig&ts o+ persons appearing in or a++e%ted ! s,%& in,iries s&all erespe%ted"

*ach ouse or its committees may determine the rules of its proceedin0s. -hese rules

include the procedure to be follo!ed in Din:uiries in aid of le0islation.D

-he ouse may set aside the rules it adopted as it sees fit2 because these rules are only of atemporary nature.Pacete v Secretary of the Commission on 'ppointments2 ;F SC&' $= 1"#<"5The rules of the Commission on *ppointments concerning its internal business could be reviewed b" the Courts( that is( it is a 5usticiable matter( when a certain construction of such rules would defeat the right of the individual to a public office.

>6 ,n his suit for mandamus and prohibition filed !@ this Court2 petitioner >. Pacete alle0ed that he!as appointed by the then Pres. of the Phils. on =@"@3; as Mun. Jud0e of Pi0ca!an2 Cotabato. e thenassumed office and dischar0ed his duties. 's his appointment !as made durin0 the recess of Con0ress2 it!as submitted to the Commission on 'ppointments 1C'5 at its ne8t session in E3$. n $@4F@3$2 he !as

unanimously confirmed. More than # mos. after such confirmation2 the then Sec. of Justice2 throu0h theJudicial Supt.2 advised petitioner to vacate his position as mun. ?ud0e2 the 0round bein0 that hisappointment had been by%passed. Petitioner !as ta9en by surprise and sou0ht clarification from the prin.resp. e !as informed that a day after his confirmation2 one of the members of the C'2 Sen. )anzon2!rote to its Chairman2 statin0 that he !as filin0 a motion for the recon. of the confirmation of theappointment of petitioner 888 in vie! of dero0atory info. !@c he had received. &esp. Sec. of C' thus !asled to notify the then Sec. of Justice accordin0ly2 follo!in0 !hat he considered to be the prevailin0 practice of such body that the mere presentation of such letter Dautomatically vacated the confirmation of the appointment in :uestion .D &esp. then advised petitioner that he should vacate his position as hehad not been duly confirmed.

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*/6 Petitioner must prevail.". & 4" of the &evised &ules of the C' reads6D&esolution of the Commission on any appointment may be considered on motion by a member

presented not more than one day after their approval. ,f a ma?ority of the members present concur to 0ranta recon.2 the appointment shall be reopened and submitted ane! to the Commission. 'ny motion to

reconsider the vote on any appointment may be laid on the table2 and this shall be a final disposition of such a motion.D

D&espondentEs theory !ould 0ive to the mere filin0 of motion for recon. the effect !@c it!ould have if the motion !ere approved2 and2 hence2 !ould dispense !@ the necessity of suchapproval2 for !@ the concurrence of a ma?ority of the members present is necessary.D 1'ltare?os v.Molo2 4$ SC&' $$F.5 888 -hat !ould be tantamount to impartin0 to a move of sin0le member of a collective body a decisive !ei0ht. ,t is bad enou0h if the minority !ere to prevail. ' one%manrule is infinitely !orse.

4. *d interim appointments ta9e effect at once. -he title of the appointee to the office iscomplete. ,n the lan0ua0e of the Consti.2 the appointment is effective Duntil disapproval by the C'or until the ne8t ad?ournment of the Con0ress.D

-he constitutional re:uirement is clear. -here must either be a re?ection by the C' or

nonaction on its part. +o such thin0 happened in this case. Petitioner had instead in his favor aunanimous vote of confirmation. e could thus invo9e constitutional protection. >or resps. toar0ue that the mere filin0 of a M>& did suffice to set it aside2 even in the absence of any further action is to lose si0ht of !hat is provided in the Consti.

. -he courts are called upon to see to it that private ri0hts are not invaded. -hus evenle0islative acts and e8ecutive orders are not beyond the pale of ?udicial scrutiny. 888 L-here isnothin0 sacrosanct about a rule of the C'2 especially so2 !hen as in this case2 a constructionsou0ht to be fastened on it !ould defeat the ri0ht of an individual to a public office. RAM"

d. /iscipline of members

Art" VI4 *e%" 16 8D Ea%& .o,se 2a! deter2ine t&e r,les o+ its pro%eedings4 p,nis& itsMe2ers +or disorderl! e&avior4 and #it& t&e %on%,rren%e o+ t#ot&irds o+ all its Me2ers4s,spend or e3pel a Me2er" A penalt! o+ s,spension4 #&en i2posed4 s&all not e3%eed si3t!da!s"

*ach house may punish it members for Ddisorderly behavior.D Ghat constitutes Ddisorderly behaviorD is solely !ithin the discretion of the house concerned.

'lthou0h a member of either house cannot be held accountable in any other place for anyspeech he ma9e in the Con0ress or in any committee thereof2 he can be found 0uilty of disorderly behavior by his o!n peers2 so ruled the Court in smena v Pendatun. "F# Phil. =3 1"#3F5.

-he penalty may consist of 1i5 censure7 or upon a 4@ vote of all the members of the house21ii5 suspension2 not e8ceedin0 3F days2 or 1iii5 e8pulsion.

-he history behind the 3F%day limitation on the period of suspension could be traced to theearly case of 'le?andrino v uezon2 infra. ,n a dictum2 the SC said that it !as not !ithin the po!er of the le0islature to suspend its member2 since suspension deprived the constituents of themember suspended of the ri0ht to be represented by a representative that they really had. ,n effect2suspension punished the constituents. ,n the case of e8pulsion2 the constituents could at least electsomeone else to substitute the member represented.

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,f the only disciplinary measures !ere limited to e8pulsion and censure2 ho!ever2 theremi0ht not be a penalty appropriate enou0h for a disorderly behavior that merited somethin0 morethan censure but less than e8pulsion. ,t !as this dilemma2 that the Court precisely faced insmena v Pendatun2 !hich made it upheld the suspension of "$ months despite the 'le?andrino rul%in0.

-hus2 the "#< Constitution devised a system of allo!in0 suspension as a penalty butlimited its period to 3F days L'rt. V,,2 Sec. <15. -his !as carried over in the "#=< Constitution.L'rt. V,2 Sec. "315

'le?andrino v. uezon2 ;3 P = 1"#4;5

>6 -he petitioner in this ori0. pet. for mandamus and in?unction is Jose 'le?andrino2 a Senator appointed by the )ov%)en. to represent the "4th Senatorial /istrict. -he casus belli is a resolutionadopted by the Phil. Senate composed of the resp. Senators2 on 4@$@4;2 deprivin0 'le?andrino of all the prero0atives2 privile0es2 and emoluments of his office for the period of " yr from "@4; havin0 beendeclared 0uilty of disorderly conduct and fla0rant viol. of the privile0es of the Senate for havin0treacherously assaulted Sen. de Vera on the occasion of certain phrases bein0 uttered by the latter in the

course of the debate re0ardin0 the credentials of Mr. 'le?andrino. -he burden of petitionerEs complaint isthat the resolution is unconstitutional and entirely of no effect.

*/6 ". )andamus 9):. -he 0en. rule is that the !rit !ill not lie from one branch of the 0ovtto a coordinate branch2 for the very obvious reason that neither is inferior to the other. M !ill notlie a0ainst the le0islative body2 its members2 or its officers2 to compel the performance of duties purely le0islative in their character !@c therefore pertains to their le0islative functions and over !@cthey have e8clusive control.

4. n the merits of the controversy2 the r0anic 'ct authorizes the )ov%)en. to appoint 4senators and # representatives to represent the non%Christian re0ions in the e0islature. -hesesenators and representatives Dhold office until removed by the )ov.%)en.D -hey may not beremoved by the e0. o!ever2 to the Senate and the &ep.2 respectively2 is 0ranted the po!er toDpunish its members for disorderly behavior2 and2 !@ the concurrence of 4@2 e8pel an elective

member.D 888. -he Consti. has purposely !ithheld from the 4 ouses of the e0. and the )ov%)en. ali9e the po!er to suspend an appointive member. -he reason is obvious. Punishment by!ay of reprimand or fine vindicates the outra0ed di0nity of the ouse !@o deprivin0 theconstituency of representation7 e8pulsion2 !hen permissible2 li9e!ise vindicates the honor of thele0islative body !hile 0ivin0 to the constituency an opportunity to elect ane!7 but suspensiondeprives the electoral district of representation !@o that district bein0 afforded any means by !@c tofill the vacancy. By suspension2 the seat remains filled but the occupant is silenced. Suspensionfor " yr. is e:uivalent to :ualified e8pulsion or removal.

o!ever2 the !rit prayed for cannot issue2 for the reason that the SC does not possess the po!er of coercion to ma9e the Phil. Senate ta9e any particular action. RAM"

smena v. Pendatun2 "F# P =3 1"#3F5%% supra. 1Speech and /ebate Clause5

Compared !@ 'le?andrino v. uezon6 ,t is true that in 'le?andrino an obiter dictum thatDsuspension deprives the electoral district of representation !@o that district bein0 afforded anymeans by !@c to fill that vacancy.D But the remar9 should be understood to refer particularly to theappointive senator !ho !as then the affected party and !ho !as then the affected party and !ho!as by the same Jones a! char0ed !@ the duty to represent the "4th /istrict 888.

,t must be observed2 ho!ever2 that at that time the e0islature had only those po!ers !@!ere 0ranted to it by the Jones a!7 !hereas now the Congress has the full legislative powers

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and prerogatives of a soverei0n nation2 e8cept as restricted by the Consti. 888 +o!2 the Con0resshas the inherent legislative prerogative of suspension !@c the Consti. did not impair.

D-he e0islative po!er of Con0ress is plenary2 sub?ect only to such limitations as arefound in the Consti. So that any po!er deemed to be le0islative by usa0e or tradition2 isnecessarily possessed by the Con0ress2 unless the Consti. provides other!ise.D 1Vera v. 'velino2 <<P "#4.5 RAM"

*8pulsion compared !ith e8clusion under 'rt. V,2 Sec. "<

*8pulsion under 'rt. V,2 Sec. "315 should be distin0uished from e8clusion under 'rt. V,2Sec. "<2

Art" VI4 *e%" 1?" T&e *enate and t&e .o,se o+ Representatives s&all ea%& &ave anEle%toral Tri,nal #&i%& s&all e t&e sole <,dge o+ all %ontests relating to t&e ele%tion4 ret,rns4and ,ali+i%ations o+ t&eir respe%tive Me2ers" 333

Under the latter2 *lectoral -ribunals of the Senate and the ouse2 determine electioncontests. -hey shall be the sole ?ud0es of the elections2 returns2 and :ualifications of their electivemembers. *ach *lectoral -ribunal is independent of the other7 this emphasizes the e8clusivecharacter of the ?urisdiction conferred upon each ouse. o!ever2 each -ribunal cannot add to the:ualifications or dis:ualifications found in the Constitution. -hus2 the *lectoral -ribunal is!ithout po!er to e8clude any member%elect !ho meets all the ConstitutionEs re:uirements for membership.

e. Journal and Con0ressional &ecords

Art" VI4 16:D Ea%& .o,se s&all eep a Bo,rnal o+ its pro%eedings and +ro2 ti2e toti2e p,lis& t&e sa2e4 e3%epting s,%& parts as 2a!4 in its <,dg2ent4 a++e%t national se%,rit!Hand t&e #eas and na#s on an! ,estion s&all4 at t&e re,est o+ one+i+t& o+ t&e Me2ers

present4 e entered in t&e Bo,rnal"Ea%& .o,se s&all also eep a Re%ord o+ its pro%eedings"

,t is the first time that the Constitution re:uires a DrecordD in addition to a D?ournalD. Up tothe "#< Constitution2 only a ?ournal !as re:uired to be 9ept2 althou0h in practice2 the le0islaturehas al!ays 9ept a record.

Cruz6 -he 5ournal is only a resume of minutes of !hat transpired durin0 a le0islative session. -herecord is the !ord%for%!ord transcript of the proceedin0s ta9en durin0 the session.

1"5 -he *nrolled Bill -heory

nce a bill has been approved by both houses 1the procedure !ill be discussed later52 the bill is en0rossed or enrolled2 and this D*nrolled Copy of the BillD bears the certification of thePresidin0 fficer of the house 1either Senate President or Spea9er of the ouse5 that this bill asenrolled is the version passed by each house. -he purpose of the certification is to prevent attemptsat smu00lin0 in DridersD. -he enrolled copy is then sent to the President for his action.

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Ghat happens if there is a discrepancy bet!een the enrolled copy of the bill2 and any other copy of the billK -he enrolled bill prevails2 says the SC in the follo!in0 cases.

Mabana0 v opez Vito2 <= Phil. " 1"#;<5

>6 -hree of the pltff. senators and = of the pltff. representatives had been proclaimed by a ma?orityvote of the CM**C as havin0 been elected senators and representatives in the elections held on;@4@;3. -he senators !ere suspended by the Senate shortly after the openin0 of the first sessionfollo!in0 the elections2 on account of alle0ed irre0ularities in their election. -he = representatives sincetheir election had not been allo!ed to sit in the lo!er ouse2 e8cept to ta9e part in the election of Spea9er2for the same reason2 althou0h they had not been formally suspended. 888

's a conse:uence2 these senators and = reprs. did not ta9e part in the passa0e of the :uestionedresolution2 nor !as their membership rec9oned in the computation of the necessary @; vote !@c isre:uired in proposin0 an amendment to the Consti. 1the Parity &i0hts 'mendment.5 ,f these members had been counted2 the affirmative votes in favor of the proposed amendment !ould have been short of thenecessary @; vote in either branch of Con0ress.

*/6 ". Jurisdiction.%% Both notions of ?urisdiction and conclusiveness of le0islative enactmentare synonymous in that both are founded upon the re0ard !@c the ?udiciary accords a co%e:ual2coordinate2 and independent branch of )ovt. ,f a political :uestion conclusively binds the ?ud0esout of respect to the political departments2 a duly certified la! or resolution also binds the ?ud0esunder the Denrolled bill ruleD born of that respect. 888

4. 2nrolled $ill Theor".@@ -he respondentEs other chief reliance is on the contention that aduly authenticated bill or resolution imports absolute verity and is bindin0 on the courts. 888

Sec. " of the old Code of Civ. Proc.2 as amended2 provides6Dfficial documents may be proved as follo!s6 145 the proceedin0s of the 888 Con0ress2 by

the ?ournals of those bodies or of either house thereof2 or by published statutes or resolutions2 or by copiescertified by the cler9 or secretary2 or printed by their order7 Provided2 that in the case of 'cts of 888 thePhil. e0.2 !hen there is an e8istence of a copy si0ned by the presidin0 officers and secretaries of said bodies2 it shall be conclusive proof of the provisions of such 'cts and of the due enactment thereof.D

&easons in support of enrollment6Sec. "$F. !easons for Conclusiveness.%% 888 L-he rule a0ainst 0oin0 behind the enrolled bill is

re:uired by the respect due to a co%e:ual and independent dept of 0ovt2 and it !ould be an in:uisition intothe conduct of the members of the le0islature2 a very delicate po!er2 the fre:uent e8ercise of !@c must leadto endless confusion in the admin. of the la!. -he rule is also one of convenience2 bec. courts could notrely on the published session la!s2 but !ould be re:uired to loo9 beyond these to the ?ournals of thele0islature and often to any printed bills and amendments !@c mi0ht be found after the ad?ournment of thele0islature. 1'm. Jur.5

. Compared w3 # v. Pons.%% -he Court loo9ed into the ?ournals in US v. Pons bec.2 inall probability2 those !ere the documents offered in evidence. ,t does not appear that a dulyauthenticated copy of the 'ct !as in e8istence or !as placed bef. the Court7 and it has not beensho!n that if that had been done2 this Court !ould not have held the copy conclusive proof of thedue enactment of the la!. RAM"

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Casco Chemical Co. v )imenez2 < SC&' ;< 1"#35

>6 Pursuant to the provisions of &' 43F# 1>or%*8 Mar0in >ee a!52 the CB issued Circular +o. #$2fi8in0 a uniform mar0in fee of 4$Q on for%e8 transactions. 888 Several times in +ov. and /ec. "#$#2 petitioner Casco2 !@c is en0a0ed in the manufacture of synthetic resin 0lues 8882 bou0ht for%e8 for theimportation of urea and formaldehyde%% !@c are the main &M in the production of said 0lues and paid the

correspondin0 mar0in fee. Petitioner had sou0ht the refund claimin0 that the separate importation of ureaand formaldehyde is e8empt from said fee. 'lthou0h the CB issued the vouchers for the refund2 the'uditor of the Ban9 refused to pass in audit and approve said vouchers upon the 0round that thee8emption 0ranted by the MB for petitionerEs separate importations of urea and formaldehyde is not inaccord !@ the provisions of sec. 42 par. HV,,, of &' 43F#.

Petitioner maintains that the term Durea formaldehydeD appearin0 in the provision should beconstrued as Durea and formaldehydeD and that the resps herein have erred in holdin0 other!ise. 888DUrea formaldehydeD is a finished product2 !@c is patently distinct and different from DureaD andDformaldehyde2D as separate articles used in the manufacture of the synthetic resin 9no!n as Dureaformaldehyde.D Petitioner contends that the bill approved in Con0ress contained the copulativecon?unction DandD bet. the terms DureaD and DformaldehydeD and that the members of Con0ress intended toe8empt DureaD and DformaldehydeD separately as essential elements in the manufacture of the syntheticresin 0lue 888 citin0 the statements made on the floor of the Senate2 durin0 the consideration of the bill bef. the ouse 888.

*/6 Said individual statements do not necessarily reflect the vie! of the Senate. Much less dothey indicate the intent of the &ep. >urther2 the enrolled bill%% !@c uses the term DureaformaldehydeD instead of Durea and formaldehyde2D%% is conclusive upon the courts as re0ards thetenor of the measure passed by Con0ress and adopted by the Pres. ,f there has been any mista9e inthe printin0 of the bill bef. it !as certified by the officers of Con0ress and approved by the Pres.2the remedy is by amendment or curative le0islation. RAM"

,n Morales v Subido2 infra.2 the SC2 in upholdin0 the enrolled bill2 e8plained that its basisis the separation of po!ers2 so that the remedy of an a00rieved party is not a ?udicial decree but ale0islative amendment or curative le0islation. ,n this case2 the phrase2 D!ho has served the policedepartment of city or D !as omitted from the en0rossed copy of the Police 'ct of "#332 thereby

chan0in0 the :ualifications re:uired by the la! of a chief of a city police a0ency. ,t !as clear fromthe records and ?ournal that the omission too9 place not any sta0e of the le0islative proceedin0s2 but only durin0 its enrollment. ,t !as further clear that the chan0e !as made not by Con0ress2 butonly by an employee. 'nd yet the SC refused to 0o behind the enrolled 'ct to discover !hat reallyhappened2 because of the respect due the other departments.

-he case !as different in 'stor0a v Ville0as2 infra.2 because here2 upon bein0 informedthat the enrolled bill did not contain the amendment proposed by Senator -olentino 1re0ardin0 the po!ers of the Vice%Mayor of Manila5 !hen the house bill !as raised to the Senate2 the SenatePresident2 !ithdre! his si0nature and notified the President of the mista9e2 !ho then li9e!ise!ithdre! his si0nature. -here !as no occasion2 then2 to apply the enrolled bill theory.

145 Probative Value of the Journal

-he ?ournal is conclusive on the courts as to its contents2 so the SC ruled in US V Pons2 ;Phil. <4# 1"#"35. Pons2 in this case !as prosecuted under a criminal statute. e contended2ho!ever2 that the statute !as passed past the midni0ht after >ebruary 4=2 "#";2 the last day of session of the le0islative body2 but that the members stopped the cloc9 at mid%ni0ht2 to pass the la!.-he SC re?ected this claim2 rulin0 that the probative value of the ?ournal could not be :uestioned2

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other!ise proof of le0islative action !ould be uncertain and !ould no! have to depend on theimperfect memory of men.

US V Pons2 ; Phil. <4# 1"#"35

>6 Juan Pons !as accused of violatin0 'ct 4=" !@c prohibits the ille0al importation of opium. ,nhis motion for the reversal of his conviction2 counsel contented that the last day of the special sessions of the e0. for "#"; !as 4@4=7 that 'ct 4="2 under !@c Pons must be punished if found 0uilty2 !as not passed or approved on 4@4= but on @" of that yr7 and that2 therefore2 the same is null and void. -hevalidity of the 'ct is not other!ise disputed. 's it is admitted that the last day of the special session !as2under the )ov%)enEs proclamation2 4@4= and that the appellant is char0ed !@ havin0 violated 'ct 4="2the vital :uestion is the date of the ad?ournment of the e0.2 and this reduces itself to 4 others2 namely2 1"5ho! that is to be proved2 !hether by the le0islative ?ournals or e8traneous evidence2 and 145 !hether thecourt can ta9e ?udicial notice of the ?ournals.

*/6 '. Ghile there are no ad?udicated cases in this ?urisdiction upon the e8act :uestion !@nthe courts may ta9e ?udicial notice of the le0islative ?ournals2 it is !ell settled in the US that such ?ournals may be noticed by courts in determinin0 the :uestion !@n a particular bill became a la! or

not. 'nd these ?ournals sho!2 !@ absolute certainty2 that the e0. ad?ourned sine die at "4 oEcloc9 on 4@4=@";.

B. Ge !ill in:uire !@n the courts may 0o behind the le0islative ?ournals for the purpose of determinin0 the date of ad?ournment !hen such ?ournals are clear and e8plicit.

Counsel for appellant2 in order to establish his contention2 must necessarily depend uponthe memory or recollection of !itnesses2 !hile the le0islative ?ournals are the acts of the )ovt or the soverei0n itself. >rom their very nature and ob?ect the records of the e0 are as important asthose of the ?udiciary2 and to in:uire into the veracity of the ?ournals of the e0.2 !hen they areclear and e8plicit2 !ould be to violate both the letter and spirit of the or0anic la!s by !@c the Phil.)ovt !as brou0ht into e8istence2 to invade a coordinate and independent dept of the )ovt2 and tointerfere !@ the le0itimate po!ers and functions of the e0. 888 ,f the cloc92 !as2 in fact stopped2as here su00ested2 Dthe resultant evil mi0ht be sli0ht as compared !@ that of alterin0 the probative

force and character of le0islative records2 and ma9in0 the proof of le0islative action depend uponuncertain oral evidence2 liable to loss by death or absence2 and so imperfect on account of thetreachery of memory 888. RAM"

15 Matters &e:uired to be *ntered in the Journal

-he Constitution re:uires that the follo!in0 matters becontained in the ?ournal6

1a5 -he "eas and na"s on third and final readin0 of a billL'rt. V,2 Sec. 431457

1b5 Veto messa0e of the President 1i.e.2 his ob?ection to a bill !hen he vetoes it5 L'rt. V,2 Sec. 4<1"57

1c5 -he "eas and na"s on the repassin0 of a bill vetoed bythe President 1'rt. V,2 Sec. 4<1"57

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1d5 -he "eas and na"s on any :uestion at the re:uest of "@$ of the members present L'rt. V,2 Sec. "31;5

,n addition2 the ?ournal contains the summary of the proceedin0s.

' record2 on the other hand2 contains the verbatim transcript of all proceedin0s of the

house or its committees. -he Constitution is silent as to !hat the record must contain.

o!ever2 in 'rt. H,2 Sec. 152 the Constitution spea9s of the vote of each member of theouse either affirmin0 a favorable or overridin0 its contrary resolution of the impeachmentcomplaint to be Drecorded.D

1;5 Journal *ntry &ule v *nrolled Bill -heory

,n the 'stor0a v Ville0as case2 the SC2 by !ay of obiter 2 indicated that the ?ournal mi0htreally prevail over the enrolled bill2 since a ?ournal is re:uired by the Constitution !hile theenrollment of a bill is ?ust a le0islative practice that is not even mentioned in the Constitution.>urther2 enrollment does not add to the validity of the bill2 for !hat ma9es it valid are the votes of the members.

But this vie! is mere dictum. ,t contradicts the rulin0 in Morales v Subido that theenrolled copy prevails over the ?ournal. ,t also contradicts the ratio in Marshall >ield A Co. vClar92 "; US 3;# 1"=#"5 that the parties !ere not competent to sho! from the ?ournal that the bill in the custody of the Secretary of State !as a0ainst the contents of the ?ournal2 because ?ournals are ?ust 9ept by cler9s !ho could be mista9en2 !hile the certified bill is made by thehi0hest officer of the chamber.

-o reconcile these t!o vie!s2 it may be said that2 as to matters re:uired by theConstitution to be placed in the ?ournal2 the ?ournal is conclusive. But aside from these ; matters2any other matter does not en?oy such conclusiveness.

'stor0a v Ville0as2 $3 SC&' <"; 1"#<;5

>6 ouse Bill +o. #4332 !@c !as filed in the &ep.2 passed on rd readin0 !@o amendments. ,t !assent to the Senate for concurrence. ,t !as referred to the appropriate Senate Committee2 !@crecommended approval !@ a minor amendment recommended by Sen. &o8as. Ghen the bill !asdiscussed on the Senate floor2 substantial amendments to Sec. " !ere introduced by Sen. -olentino2 !@camendments !ere approved in toto by the Senate. 888 n $@4"@$;2 the Sec. of the Senate sent a letter to&ep that the ouse bill had been passed by the Senate !@ amendments. 'ttached !as a certification of the amendment2 !@c !as the one recommended by Sen. &o8as2 and not the -olentino amendments !@c!ere the ones actually approved by the Senate. -he &ep si0nified approval as sent bac9 to it. -he printed copies !ere then certified and attested to by the Secretaries of the Senate and of the &ep2 theSpea9er of the &ep2 and the Senate Pres.

,t !as later made public by Sen. -olentino that the enrolled copy of ouse bill no. #433 si0nedinto la! by the Pres. !as a !ron0 version of the bill actually passed by the Senate and approved on theSenate floor. -he Senate Pres. admitted this mista9e in a letter to the Pres. 's a result2 the Pres. sent amessa0e to the presidin0 officers of both ouses informin0 them that in vie! of the circumstances he !asofficially !ithdra!in0 his si0nature on ouse Bill no. #433.

Upon the fore0oin0 facts2 the Mayor of Mla. issued circulars orderin0 the disre0ard of the provisions of &' ;3F$. e also issued an order recallin0 $ members of the city police force !ho had been assi0ned to the Vice%Mayor presumably under authority of &' ;F3$.

&eactin0 to these steps2 the then V%Mayor 'stor0a2 filed a pet. !@ this Court for DMandamus2,n?unction and@or Prohibition !@ Prel Mandatory and Prohibitory ,n?unctionD to compel compliance !@ the provisions of &' ;F3$.

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&espondentsE position is that &' ;F3$ never became la! since it !as not the bill actually passed by the Senate2 and that the entries in the ?ournal of that body and not the enrolled bill itself should bedecisive in the resolution of the issue.

*/6 ". PetitionerEs ar0ument that the attestation of the presidin0 officers of Con0ress isconclusive proof of a billEs due enactment2 re:uired2 it is said2 by the respect due to a co%e:ual dept

of the 0ovt2 is neutralized in this case by the fact that the Senate Pres. declared his si0nature on the bill to be invalid and issued a subse:uent clarification that the invalidation of his si0nature meantthat the bill he had si0ned had never been approved by the Senate. bviously this declarationshould be accorded even 0reater respect than the attestation it invalidated2 !@c it did for a reasonthat is undisputed in fact and indisputable in lo0ic.

's far as Con0ress itself is concerned2 there is nothin0 sacrosanct in the certification made by the presidin0 officers. ,t is merely a mode of authentification. ,t is the approval by Con0ressand not the si0natures of the presidin0 officers that is essential.

4. Petitioner a0rees that the attestation in the bill is not mandatory but ar0ues that thedisclaimer thereof by the Senate Pres.2 0rantin0 it to have been validly made2 !ould only mean thatthere !as no attestation at all2 but !ould not affect the validity of the statute. 888 -his ar0uments be0s the :uestion. ,t !ould limit the courtEs in:uiry to the presence or absence of the attestation

and to the effect of its absence upon the validity of the statute. -he in:uiry2 ho!ever2 0oes farther.'bsent such attestation as a result of the disclaimer2 and conse:uently there bein0 no enrolled billto spea9 of2 !hat evidence is there to determine !@n the bill had been duly enactedK ,n such a case2the entry in the ?ournal should be consulted. RAM"

Marshall >ield A Co. v Clar92 "; US 3;# 1"=#"5

It is not competent for the appellant to show from the Journals that the enrolled bill contained a section that does not appear in the enrolled *ct in the custod" of the tate 0epartment.

>6 ,n accordance !@ the -ariff 'ct of ct. "2 "=#F2 duties !ere assessed and collected on !oollen

dress 0oods2 !oollen !earin0 apparel2 and sil9 embroideries imported by >ield A Co.7 on sil9 and cottonlaces imported by Sutton A Co.7 and on colored cotton cloths imported by Sternbach A Co. -he importersseverally protested a0ainst the assessment upon the 0round that the 'ct !as not a la! of the US. ,t !ascontended2 amon0 others2 that the -ariff 'ct !as a nullity bec. Dit is sho!n by con0ressional records of proceedin0s2 reports of committees of conference2 and other papers printed by authority of Con0ress2 andhavin0 reference to ouse Bill #;"32 that a section of the bill as it finally passed2 !as not in the billauthenticated by the si0natures of the presidin0 officers of the respective houses of Con0ress2 andapproved by the Pres.D

*/6 -he si0nin0 by the ouse Spea9er and by the Senate Pres. of an enrolled bill is an officialattestation by the t!o ouses that such bill is the one that has passed Con0ress. ,t is a declaration by the 4 houses2 throu0h their presidin0 officers2 to the Pres. that a bill2 thus attested2 has received2in due form2 the sanction of the le0islative branch of the 0ovt2 and that it is delivered to him inobedience to the constitutional re:uirement that all bills !@c pass Con0ress shall be presented tohim. 'nd !hen the bill thus attested is si0ned by the Pres. and deposited in the archives2 itsauthentication as a bill that has passed Con0ress should be deemed complete and unimpeachable.RAM"

Morales v. Subido2 4< SC&' "" 1"#3#.5

>6 -he present insistence of the petitioner is that the version of the provision 1Sec. "F of the Police'ct of "#3352 as amended at the behest of Sen. &odri0o2 !as the version approved by the Senate on rd

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readin02 and that !hen the bill emer0ed from the conference committee2 the only chan0e made in the provision !as the insertion of the phrase Dor has served as chief of police !@ e8emplary record.D ,nsupport of this assertion2 the petitioner submitted certified photostatic copies of the different drafts of ouse Bill 3#$" sho!in0 the various chan0es made. ,t is unmista9able that the phrase D!ho has servedthe police dept of a city or2D !as still part of the provision2 but accordin0 to the petitioner the ouse billdivision deleted the entire provision and substituted !hat is no! Sec. "F of the 'ct !@c did not carry such phrase.

,t !ould thus appear that the omission of the phrase D!ho has served the police dept of a city ofD2!as made not at any sta0e of the le0islative proceedin0s but only in the course of en0rossment of the bill2more specifically in the proofreadin0 thereof7 that the chan0e !as not made by Con0ress but only by anemployee thereof 888.

*/6 -he petitioner !holly misconceives the function of the ?udiciary under our system of 0ovt.L-he enrolled 'ct in the office of the le0islative secretary of the Pres. of the Phils. sho!s that sec."F is e8actly as it is in the statute as officially published in slip form by the Bureau of Printin0.Ge cannot 0o behind the enrolled 'ct to discover !hat reall" happened. -he respect due to theother branches of )ovt demands that !e act upon the faith and credit of !hat the officers of thesaid branches attest to as the official acts of their respective departments. ther!ise2 !e !ould becast in the unenviable and un!anted role of a sleuth tryin0 to determine !hat actuall" did happenin the labyrinth of la!%ma9in02 !@ conse:uent impairment of the inte0rity of the le0islative process.-he investi0ation !@c the petitioner !ould li9e this Court to ma9e can be better done in Con0ress.

LGe are not to be understood as holdin0 that in all cases the ?ournals must yield to theenrolled bill. -o be sure2 there are certain matters !@c the Const. e8pressly re:uires must beentered on the ?ournal of each house. 888 LGith respect to matters not e8pressly re:uired to beentered on the ?ournal2 the enrolled bill prevails in the event of any discrepancy. RAM"

1$5 Con0ressional &ecord

Art" VI4 *e%" 16 :D 333Ea%& .o,se s&all also eep a Re%ord o+ its pro%eedings"

UP/'-*/ "@3@#3&'M

f. Sessions

1"5 &e0ular sessions

Art" VI4 *e%" 1;" T&e Congress s&all %onvene on%e ever! !ear on t&e +o,rt& Monda!o+ B,l! +or its reg,lar session4 ,nless a di++erent date is +i3ed ! la#4 and s&all %ontin,e to e insession +or s,%& n,2er o+ da!s as it 2a! deter2ine4 ,ntil t&irt! da!s e+ore t&e opening o+ itsne3t reg,lar session4 e3%l,sive o+ *at,rda!s4 *,nda!s and legal &olida!s" 333

*e%" 16;D )eit&er &o,se d,ring t&e session o+ t&e Congress s&all4 #it&o,t t&e %onsento+ t&e ot&er &o,se4 ad<o,rn +or 2ore t&an t&ree da!s4 nor to an! ot&er pla%e t&an t&at in#&i%& t&e t#o &o,ses s&all e sitting"

Cruz6 DLPlaceD as here used refers not to the buildin0 but to the political unit !here the t!oouses may be sittin0.

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145 Special sessions

Art" VI4 *e%" 1;" 333 T&e President 2a! %all a spe%ial session at an! ti2e"

Special sessions are held in the follo!in0 instances6

a5 Ghen the President calls for a special session at any time 1'rt. V,2 Sec. "$5 b5 -o call a special election due to a vacancy in the offices of President and Vice%President

1'rt. V,,2 Sec. "F5 in !@c Con0ress shall convene at "F a.m. of the third day after the vacancy2!ithout need of a call.

c5 -o decide on the disability of the President because the Cabinet 1ma?ority5 hasDdisputedD his assertion that he is able to dispose his duties and po!ers. 1-his ta9es place not!hen the Cabinet first sends a !ritten declaration about the inability of the President2 but after thePresident has disputed this initial declaration.5 1'rt. V,,2 Sec. "".5

Con0ress shall convene2 if it is not in session2 !ithin ;= hours2 !ithout need of call.d5 -o revo9e or e8tend the Presidential Proclamation of Martial a! or suspension of the

!rit of habeas corpus 1'rt. V,,2 Sec. "=5.Con0ress2 if not in session2 shall2 !ithin 4; hours follo!in0 such proclamation or

suspension2 convene2 !ithout need of a call.,n the last three cases2 Con0ress convenes !ithout need of a call. -hese are e8ceptions to

the 0eneral rule in the "st case that !hen Con0ress is not in session2 it can only meet in specialsession call by the President.

15 Joint session

Ghen both houses meet ?ointly2 they 0enerally vote separately. -he reason is obvious6there are only 4; senators2 !hile there are 4$F representatives. ,t !ould be bad policy to 0ive onevote to a Senator2 !ho !as elected Dat lar0eD2 and the same !ei0ht of vote to a representative2 !hois either elected only by one le0islative district or a party%list.

Joint session and separate votin0 ta9e place in the follo!in0 instances6

1a5 ;oting eparatel"

a5 Ghen Con0ress2 !hile actin0 as the canvasser of votes for the President and Vice%President2 has to brea9 the tie bet!een t!o or more candidates for either position havin0 an e:ualand the hi0hest number of votes 1'rt. V,,2 Sec. ;2 par. $5.

b5 Ghen it decides 1by 4@ vote5 on the :uestion of the PresidentEs inability to dischar0e the po!ers and duties of his office 1'rt. V,,2 Sec. ""2 par. ;5.

c5 Ghenever there is a vacancy in the ffice of the VP2 !hen it confirms the nomination of a VP by the President from amon0 the members of Con0ress7 such person shall assume office uponconfirmation by a ma?ority vote of all the members of both ouses2 votin0 separately 1'rt. V,,2Sec. #5.

d5 Ghen it declares 1by 4@ vote5 the e8istence of a state of !ar L'rt. V,2 Sec2 41"5.

e5 Ghen it proposes to amend the Constitution 1@; vote of the members5 L'rt. HV,,2 Sec."1"5.

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1b5 ;oting Jointl"

But there is one e8ceptional instance !hen the t!o houses meet and vote ?ointly6 Ghen2

there has been a proclamation of Martial la! or a suspension of the !rit by the President2 andCon0ress has to decide !hether to revo9e or to e8tend such proclamation or suspension 1ma?orityvote of all members2 votin0 ?ointly5 1V,,2 Sec. "=5.

VV6 -here is an illo0ical inconsistency here. -o declare a state of !ar2 the vote is ta9enseparately. But to decide on an internal disorder 1!hich is short of !ar5 !hich spurred the proclamation of Martial a! or suspension of the !rit2 the vote is ta9en ?ointly. ,f the votin0 ismade D?ointD due to the emer0ency character of the situation brou0ht about by the invasion or rebellion2 there is no reason !hy it should not be so to declare the e8istence of !ar 1!hich amon0others2 empo!ers the President to e8tend the tour of duty of the Chief of Staff52 the dan0er tonational security and the emer0ency nature bein0 the same2 if not 0raver.

$. *lectoral -ribunals

'rt. V,2 Secs. "< and "#

Art" VI4 *e%" 1?" T&e *enate and t&e .o,se o+ Representatives s&all ea%& &ave anEle%toral Tri,nal #&i%& s&all e t&e sole <,dge o+ all %ontests relating to t&e ele%tion4 ret,rns4and ,ali+i%ations o+ t&eir respe%tive Me2ers" Ea%& Ele%toral Tri,nal s&all e %o2posed o+ nine Me2ers4 t&ree o+ #&o2 s&all e B,sti%es o+ t&e *,pre2e Co,rt to e designated ! t&eC&ie+ B,sti%e4 and t&e re2aining si3 s&all e Me2ers o+ t&e *enate or t&e .o,se o+ Representatives4 as t&e %ase 2a! e4 #&o s&all e %&osen on t&e asis o+ proportionalrepresentation +ro2 t&e politi%al parties and t&e parties or organi5ations registered ,nder t&epart!list represented t&erein" T&e senior B,sti%e in t&e Ele%toral Tri,nal s&all e its

C&air2an"

!d "4 *e%" 19" T&e Ele%toral Tri,nals and t&e Co22ission on Appoint2ents s&all e%onstit,ted #it&in t&irt! da!s a+ter t&e *enate and t&e .o,se o+ Representatives s&all &aveeen organi5ed #it& t&e ele%tion o+ t&e President and t&e *peaer" T&e Co22ission onAppoint2ents s&all 2eet onl! #&ile t&e Congress is in session4 at t&e %all o+ its C&air2an or a2a<orit! o+ all its Me2ers4 to dis%&arge s,%& po#ers and +,n%tions as &erein %on+erred ,ponit"

a. Composition

-he Senate and the ouse shall each have an *lectoral -ribunal2 to be composed of #

members2 shall be ?ustices of the SC to be desi0nated by the Chief Justice2 and the remainin0 3shall be members of the respective houses chose on the basis of Dproportional representationD fromthe political parties2 and the parties or or0anizations re0istered under the party%list system. -hesenior ?ustice shall be the Chairman.

-he use of proportional representation to fill up the 3 slots reserved for members of the particular house is different from the rule under the "#$ Constitution2 !hich reserved seats for the ma?ority party and another seats for the minority party. ,n -anada v Cuenco2 "F Phil. "F$"1"#$<52 the SC ruled that the slot reserved for the minority party should not be filled up by the

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ma?ority party2 even if there !as only one member from the minority party 1in the person of -anada5. >or to fill it up !ould offset the balance of the tribunal2 and this !ould defeat itsneutrality !hen actin0 as the sole ?ud0e of all election contests. -his could not be done under the present set%up of the lo!er house because of the party%list system2 !hich ma9es a fi8edrepresentation impossible. n the other hand2 by ma9in0 the composition proportional2 the verynature of the *lectoral -ribunal as a neutral ?ud0e of election contests has been destroyed. ,n the

Senate2 for instance2 if only one senator comes from the minority party2 there is no !ay that he!ould be represented in the tribunal. 't least2 4 senators are re:uired of the 4; members of theSenate in order to have one representative in the tribunal. 'nd even if this sin0le representativevote to0ether !ith the ?ustices2 there is no !ay for them outvote the $ from the ma?ority party.-he case then is one of a ma?ority preservin0 its advanta0e. Under the system in the "#$Constitution2 so lon0 as there is one minority senator2 there is al!ays a clause that he could outvotethe ma?ority2 and that is !hen the ?ustices vote !ith him.

,n 'bbas vs Senate *lectoral -ribunal2 "33 SC&' 3$"2 the petitioners !ho !ere protestants in a contest before the respondent body2 sou0ht the dis:ualification of all the le0islativemembers thereof on the 0round that they !ere amon0 the protestees in the said contest2 alon0 !iththe other ma?ority members of the Senate. 1-he ori0inal opposition member2 Senator *strada2 later ?oined the ma?ority and !as replaced by Senator *nrile2 !ho voluntarily inhibited himself.5 ,ndismissin0 the petition2 the SC said6

,t seems clear that in providin0 for a -ribunal to be staffed by both Justices of the SupremeCourt and members of the Senate2 the Constitution intended that both those ?udicial and le0islativecomponents commonly share the duty and authority of decidin0 all contests relatin0 to the election2returns and :ualifications of Senators. Said intent is more clearly si0nalled by the fact that the proportion of Senators to Justices is 4 to " %% an unmista9able indication that the le0islative and ?udicial components cannot be totally e8cluded from participation in the resolution of senatorialelection contests.

Ghere a situation is created !hich precludes the substitution of any Senator sittin0 in the-ribunal by any of his other collea0ues in the Senate !ithout invitin0 the same ob?ections to the

substituteEs competence2 the proposed mass dis:ualification2 if sanctioned and ordered2 !ould leavethe -ribunal no alternative but to abandon a duty that no other court or body can perform2 but!hich it cannot la!fully dischar0e is shorn of the participation of its entire membership of Senators.

-he overridin0 consideration should be that the -ribunal be not prevented from dischar0in0a duty !hich it alone has the po!er to perform2 the performance of !hich is in the hi0hest interestof the people.

,t should be noted that the framers of the Constitution could not have been una!are of the possibility of an election contest that !ould involve all 4; Senators%elect2 some of !hom !ouldinevitably have to sit in ?ud0ment thereon.

b. +ature of >unction

-he *lectoral Commission is a constitutional creation2 invested !ith the necessaryauthority in the performance and e8ecution of the limited and specific function assi0ned to it by theConstitution. -hou0h its composition is constituted by a ma?ority of members of the le0islature2 itis a body separate from and independent of the le0islature.

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-he 0rant of po!er to the *lectoral Commission to ?ud0e all contests relatin0 to theelection2 returns and :ualifications of members of the le0islature2 is intended to be complete andunimpaired. 1'n0ara vs *lectoral Commission2 3 Phil ";5

&e:uest of Justices Melencio errera2 Cruz and >eliciano to be relieved as members of the &*-

1&es. March "#2"##"5

-his resolution should be read in connection !ith Bondoc vs Pineda2 !hich is discussedunder ,ndependence of the *lectoral -ribunals.

,n said re:uest2 the three ?ustices as9ed to be relieved from membership in the &*-.'ccordin0 to them2 political factors !hich have nothin0 to do !ith the merits of the case2 !ere bloc9in0 the accomplishment of their constitutionally mandated tas9. -hey therefore su00ested thatthere should be a provision in the Constitution that upon desi0nation to membership in the*lectoral -ribunal2 those so desi0nated should divest themselves of affiliation !ith their respective political parties2 to insure their independence and ob?ectivity as they sit in -ribunal deliberations.

-he SC resolved to direct them to return to their duties in the -ribunal. 'ccordin0 to thecourt2 in vie! of the sensitive constitutional functions of the *lectoral -ribunals as the Dsole ?ud0eDof all contests relatin0 to the election2 returns and :ualifications of the members of Con0ress2 allmembers of these bodies should be 0uided only be purely le0al considerations in the decision of thecases before them and that in the contemplation of the Constitution2 the members%le0islators2thereof2 upon assumption of their duties therein2 sit in the -ribunal no lon0er as representatives of their respective political parties but as impartial ?ud0es. -o further bolster the independence of the-ribunals2 the term of office of every member thereof should be considered co%e8tensive !ith thecorrespondin0 le0islative term and may not be le0ally terminated e8cept only by death2 resi0nation2 permanent disability2 or removal for valid cause2 not includin0 political disloyalty.

1not in VVEs revised outline5*tat,s

,n 'n0ara v *lectoral Commission2 supra2 the SC held that the then *lectoral Commission!as an independent body2 althou0h attached to Con0ress2

,n Suares v Chief 'ccountant2 the Commission on 'udit2 1then under the "#$Constitution5 as ad?unct of Con0ress2 !as ruled to be an independent body2 althou0h attached toCon0ress2 and so the salary of its staffers need not be the same as those of the Senate.

Organi5ation 1'rt. V,2 Sec. "#5

-he *lectoral -ribunal shall be constituted !ithin F days after the 4 houses shall have been or0anized !ith the election of the President and the Spea9er.

(,n%tions 1id.2 Sec. "<5

-he Senate and the ouse of &epresentatives shall each have an *lectoral -ribunal !hichshall be the sole ?ud0e of all contests relatin0 to the 1i5 election2 1ii5 returns2 and 1iii5 :ualificationsof their respective members.

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Under Vera v 'velino2 supra2 the house may conduct De8clusion proceedin0s2D and by avote of the ma?ority deny admission to a member%elect pendin0 the resolution of complaintsconcernin0 his election.

*ven if the Constitution vests in the *lectoral -ribunal the po!er to decide the election2returns and :ualifications of member%elect2 there may be no electoral contest2 and so no occasion

for the *lectoral -ribunal to e8ercise its ?urisdiction. ,f2 for instance2 S is the only candidate and hesuffers from a dis:ualification2 e.0.2 citizenship2 there !ould be no election contest since there!ould be no protestant2 and so the ?urisdiction of the tribunal could not be invo9ed. ,n this case2the house could not be denied the po!er to pass on this member%electEs :ualifications.

-he opposite is an De8pulsion proceedin0D !here a sittin0 member is ousted for disorderly behavior by a vote of 4@ pf all the members of the particular house.

c. ,ndependence of the *lectoral -ribunals

'lthou0h the *lectoral -ribunals are predominantly le0islative in membership and the provision creatin0 them is found in 'rticle V, on the e0islative /epartment2 it is not correct to saythat they are mere ad?uncts of the Con0ress of the Philippines. ,n fact2 in the dischar0e of their constitutional duties2 they are independent of the le0islature2 and also of the other departments for that matter.

,n the case Bondoc vs Pineda2 4F" SC&' <#42 the :uestion raised !as !hether the ouseof &epresentatives could2 at the re:uest of the dominant political party therein2 chan0e itsrepresentative in the &*-2 presumably to th!art the promul0ation of a decision freely reached bythe -ribunal. Ghile ac9no!led0in0 the independence of the -ribunal as the Dsole ?ud0eD of electioncontests involvin0 the members of the ouse of &epresentatives2 the SC assumed ?urisdiction2 precisely to protect that independence. -he SC held that the independence of the &*- !ould become a myth and its proceedin0s a farce if the ouse of &epresentatives of the ma?ority partytherein2 may shuffle and manipulate the political 1as distin0uished from the ?udicial5 component of

the &*-2 to serve the interests of the party in po!er.

-he resolution of the ouse of &epresentatives removin0 Con0ressman Camasura from the&*- for disloyalty to the /P2 because he cast his vote in favor of the +PEs candidate2 Bondoc2 isa clear impairment of the constitutional prero0ative of the &*- to be the sole ?ud0e of the electioncontest bet!een Bondoc and Pineda. -o sanction such interference by the ouse of &epresentativein the !or9 of the &*- !ould reduce the -ribunal to a mere tool for the a00randizement of the party in po!er !hich the three SC ?ustices and the lone minority member !ould be po!erless tostop. ' minority party candidate may as !ell abandon all hope at the threshold of the -ribunal.

's ?ud0es2 the members of the &*- must be non%partisan. -hey must dischar0e their functions !ith complete detachment2 impartiality and independence %% even independence from the political party to !hich they belon0.

Bondoc v. Pineda 1 4F" SC&' <#42 Sept. "##"5

>6 Pineda 1/P5 and Bondoc 1+P5 both ran as con0ressional reps for the ;th district of Pampan0a.Pineda !on but Bondoc filed a protest in the ouse of &eps *lectoral -ribunal 1&*-52 !hich iscomposed of # members2 of !hom are SC ?ustices2 and the remainin0 3 are members of the ousechosen on the basis of proportional representation from the political parties A the parties or or0anizationsre0istered under the party%list system represented therein. -he &*- decided in favor of Bondoc. Con0.

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Camasura2 an /P2 voted in favor of Bondoc. Before Bondoc could be proclaimed2 the /P e8pelledCamasura as member of the party. -he ?ustices !ho also voted for Bondoc as9ed to be relieved fromtheir assi0nment in the &*- because the !ithdra!al of Camasura as &*- rep of /P in effect !as a!ay of abortin0 the proclamation of Bondoc 1+P5. L&e:uest of Justices Melencio errera2 Cruz and>eliciano to be relieved as members of the &*- 1&es. March "#2"##"5

,SSU*S6 ". May the ouse of &eps at the re:uest of the dominant political party therein2chan0e the partyEs representation in the &*- to th!art the promul0ation of a decision freelyreached by the tribunal in an election contest pendin0 thereinK

4. May the Supreme Court revie! and annul that action of the ouseK

*/6 1as to ,ssue N"56

". +o. -he use of the !ord DS*D in both Sec. "< of 'rt. V, of the "#=< Consti A Sec."" of 'rt. V, of the "#$ Consti underscores the *HCUS,V* ?urisdiction of the &*- as ?ud0eof contests relatin0 to the **C-,+2 &*-U&+S A U',>,C'-,+S of the members of theouse 1&obles v. &*-2 )& ==3;<2"##F5. -he tribunal !as created to function as a ++%P'&-,S'+ court althou0h 4@ of its members are politicians. ,t is a ++%P,-,C' body in asea of politicians 8 8 8. -o be able to e8ercise e8clusive ?urisdiction2 the &*- must be

,+/*P*+/*+-. ,ts ?urisdiction to hear and decide con0ressional election contests is not shared by it !ith the e0islature nor !ith the courts.

4. 's ?ud0es2 the members of the tribunal must be ++%P'&-,S'+. -hey must dischar0etheir functions !ith complete detachment2 impartiality2 A independence% even independence fromthe political party to !hich they belon0. ence2 /,SY'-Y - P'&-Y A B&*'C >P'&-Y /,SC,P,+* are +- V',/ 0rounds for the e8pulsion of a member of the tribunal. ,ne8pellin0 Con0. Camasura from the &*- for havin0 cast a Dconscience voteD in favor of Bondoc2 based strictly on the result of the e8amination A appreciation of the ballots A the recount of thevotes by the tribunal2 the house committed a 0rave abuse of discretion2 an in?ustice2 and a violationof the Constitution. ,ts resolution of e8pulsion a0ainst Camasura is null A void.

's to issue N46 Yes. -he po!er A duty of the courts to nullify2 in appropriate cases2 theactions of the e8ecutive A le0islative branches of the )ovt.2 does not mean that the courts aresuperior to the President A the le0islature. ,t does mean thou0h that the ?udiciary may not shir9 theDir9some tas9D of in:uirin0 into the constitutionality A le0ality of le0islative or e8ecutive action!hen a ?usticiable controversy is brou0ht before the courts by someone !ho has been a00rieved or pre?udiced by such action2 as in this case. ,t is Da plain e8ercise of the ?udicial po!er2 that po!er tohear and dispose of a case or controversu properly bro0ue before the court2 to the determination of !hich must be brou0ht the test A measure of the la! 1Vera v. 'velino2 << Phil "#45. Adapted"

d. Po!ers

,n the earlier case of 'n0ara vs *lectoral Commission 13 Phil "#52 it !as held that the

respondent body had the e8clusive ri0ht to prescribe its o!n rules of procedure2 as a0ainst thoseearlier adopted by the le0islature itself2 in connection !ith the election contests under its ?urisdiction. -his rulin0 !as recently affirmed by the SC in azatin vs ouse *lectoral -ribunal2"3= SC&' #". -he SC held that6

-he po!er of the &*-2 as the sole ?ud0e of all contests relatin0 to the election2 returnsand :ualifications of the Members of the ouse of &epresentatives2 to promul0ate rules andre0ulations relative to matters !ithin its ?urisdiction2 includin0 the period for filin0 election protests before it2 is beyond dispute. ,ts rule ma9in0 po!er necessarily flo!s from the 0eneral po!er 0ranted to it by the Constitution. -his is the import of the case 'n0ara vs *lectoral Commission.

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,n such case2 the SC held that the creation of the *lectoral Commission carried !ith it e-necesitate rei the po!er re0ulative in character to limit the time !ithin !hich protests intrusted toits co0nizance should be filed. Ghere a 0eneral po!er is conferred2 every particular po!er necessary for the e8ercise of the one or the performance of the other is also conferred. ,n theabsence of any further constitutional provision relatin0 to the procedure to be follo!ed in filin0 protests before the *lectoral Commission2 therefore2 the incidental po!er to promul0ate such rules

necessary for the proper e8ercise of its e8clusive po!er to ?ud0e all contests relatin0 to the election2returns and :ualifications of the members of the le0islature2 must be deemed by necessaryimplication to have been lod0ed also in the *lectoral Commission.

e. Judicial &evie! of decisions of *lectoral -ribunals

Co v. *lectoral -ribunal of the ouse of &epresentatives 1"## SC&' 3#42 July2 "##"5

>6 Co2 Balin:uit A n0 ran for representative of the 4nd le0islative district of +orthern Samar inthe May ""2 "#=< elections. n0 !on but pets 1Co A Balan:uit5 protested n0Es election on the 0round of non%citizenship. -he &*- found for n0.

*/6 ". Jud0ments of electoral tribunal are beyond ?udicial interference save only in the e8erciseof the CourtEs so%called e8traordinary ?urisdiction2 8 8 8 upon a determination that the tribunalEsdecision or resolution !as rendered !ithout or in e8cess of its ?urisdiction2 or !ith 0rave abuse of discretion or upon a clear sho!in0 of such arbitrary and improvident use by the -ribunal of its po!er as constitutes a denial of due process of la!2 or upon a demonstration of a very clear unmiti0ated *&&&2 manifestly constitutin0 such 0rave abuse of discretion that there has to be aremedy for such abuse.

4. ,n the absence of a sho!in0 that the &*- has committed 0rave abuse of discretionamountin0 to lac9 of ?urisdiction2 the Court cannot e8ercise its corrective po!er. Adapted"

3. Commission on 'ppointments

'rt. V,2 Sec. "=%"#

Art" VI4 *e%" 1" T&ere s&all e a Co22ission on Appoint2ents %onsisting o+ t&ePresident o+ t&e *enate4 as ex officio C&air2an4 t#elve senators4 and t#elve Me2ers o+ t&e.o,se o+ Representatives4 ele%ted ! ea%& .o,se on t&e asis o+ proportional representation+ro2 t&e politi%al parties and parties or organi5ations registered ,nder t&e part!list s!ste2represented t&erein" T&e C&air2an o+ t&e Co22ission s&all not vote4 e3%ept in %ase o+ a tie"T&e Co22ission s&all a%t on all appoint2ents s,2itted to it #it&in t&irt! session da!s o+ t&eCongress +ro2 t&eir s,2ission" T&e Co22ission s&all r,le ! a 2a<orit! votes o+ all t&eMe2ers"

!d "4 *e%" 19" T&e Ele%toral Tri,nals and t&e Co22ission on Appoint2ents s&all e%onstit,ted #it&in t&irt! da!s a+ter t&e *enate and t&e .o,se o+ Representatives s&all &aveeen organi5ed #it& t&e ele%tion o+ t&e President and t&e *peaer" T&e Co22ission onAppoint2ents s&all 2eet onl! #&ile t&e Congress is in session4 at t&e %all o+ its C&air2an or a2a<orit! o+ all its Me2ers4 to dis%&arge s,%& po#ers and +,n%tions as &erein %on+erred ,ponit"

Composition by proportional representation has al!ays been the rule even under the "#$Constitution. 'nd ri0htly so. >or unli9e the *lectoral -ribunal !hich performs the essentially

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neutral function of ad?udication2 the Commission on 'ppointments performs the essentially political function of appointment. -he distribution of political parties in the t!o ouses must thus be reflected proportionately in the Commission.

Since membership in the Commission on 'ppointments is based on party affiliation2 then adefection from one party to another chan0es the proportion in the respective houses 1!hich5 is a

valid 0round for the reor0anization of the commission.

o!ever2 a mere temporary alliance2 an a0reement bet!een and amon0 members comin0from different parties to act in a concerted manner only on some issues2 but !ithout a chan0e in party affiliation2 does not ?ustify a call to reor0anize the commission on the 0round that there is nolon0er proportional representation. So the SC ruled in Cunanan v -an2 ""$ Phil < 1"#345.

,n /aza vs Sin0son2 "=F SC&' ;#32 the petitioner :uestioned his replacement in theCommission on 'ppointments2 insistin0 that his desi0nation thereto as a representative of theiberal Party !as permanent and could not be !ithdra!n. >or his part2 the respondent contendedthat he could be validly be named in the petitionerEs place in vie! of the political reali0nment in theouse follo!in0 the reor0anization of the /P to !hich he belon0ed. Both invo9ed the earlier Cunanan vs -an case2 !here the SC had held that the political affiliations in the t!o ouses of Con0ress should be reflected in their respective representations in the Commission of 'ppointments. -he petitioner claimed that the formation of the /P !as merely a temporarydevelopment !hereas the respondent claimed that it had permanently altered the politicalcomposition of the ouse. &ulin0 in favor of the respondent2 the SC declared that petitionerEsar0ument is based on the non%re0istration of the /P2 !hich he claims has not provided the permanent political reali0nment to ?ustify the :uestioned reor0anization. o!ever2 the CM**Cthen 0ranted the petition of the /P for re0istration as a political party. Petitioner then claims thatre0istration is not sufficient and that the political party must pass the test of time. Under thistheory2 a re0istered party obtainin0 the ma?ority of the seats !ill not be entitled to representation inthe Commission on 'ppointments as lon0 as it !as or0anized only recently and has not yet a0ed.,f such ar0ument is to be follo!ed2 only the iberal Party shall pass such test.

-he ouse of &epresentatives therefore has the authority to chan0e its representation in theCommission of 'ppointments to reflect at any time the chan0es that may transpire in the politicalali0nments of its membership. ,t is understood that such changes must be permanent and do not include the temporar" alliances or factional divisions not involving severance of political lo"alties or formal disaffiliation and permanent shifts of allegiance from one political part" toanother.

Coseten0 vs Mitra 1"=< SC&' <<5

>6 /urin0 the "#=< Con0ressional elections2 Coseten0 !as the only candidate elected under theI',B' party. f the "4 elected to the Commission on 'ppointments2 &o:ue 'blan of the IB2 repre%sented the Coalesced Minority. Ghen the /P !as or0anized a year later2 the ouse Committeesincludin0 the ouse representation in the Commission on 'ppointments had to be reor0anized. Coseten0re:uested Mitra that she be appointed a member of the C' as a representative of I',B'. 'blan !asho!ever retained as the "4th member representin0 the ouse minority.

Coseten0 filed a petition to declare null and void the appointment of the members of the C' onthe theory that their election to the C' violated the constitutional mandate of proportional representation.

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*/ 6 -he petition should be dismissed not because it raises a political :uestion2 !hich it doesnot2 but because the revision of the ouse representation in the C' is based on proportionalrepresentation of the political parties therein.

-he issue is ?usticiable. -he le0ality2 and not the !isdom2 of the manner of fillin0 the C'2is ?usticiable. *ven if it !ere a political :uestion2 such !ould still come !ithin ?udicial revie! on

the issue of !hether there !as 0rave abuse of discretion amountin0 to e8cess or lac9 of ?urisdiction.

-he composition !as based on proportional representation of the political parties therein.-he other minority parties are bound by the ma?orityEs choices. *ven if I',B' !ere an opposition party2 its lone member represents only .;Q of the ouse2 thus she is not entitled to one of the "4seats. -he other representatives to the C' !ere duly elected by the ouse 1not by their party5 as provided in 'rt. V,2 Sec. "=. -he validity of their election to the C' % eleven from the CoalescedMa?ority and one from the Coalesced Minority % is unassailable. Adapted"

)uin0ona vs )onzales 14"; SC&' <=#5

>6 's a result of the "##4 Senatorial elections2 the /P !as entitled to <.$ seats in the C'2 the +PCto 4.$2 the 'I'S%+UC/ to ".$ and the P%P/P%'B'+ to .$. -he problem arose as to !hat to !iththe "@4 to !hich each of the parties is entitled. -he /P ma?ority converted a fractional half%membershipto a !hole membership 1<.$ .$5 to be able to elect Senator &omulo. ,n so doin02 one other partyEsfractional representation in the C' !as reduced. -his is clearly a violation of Sec. "=2 'rt. V, because it isno lon0er based on proportional representation of the political parties.

Senator -anada claimed that he has a ri0ht to be elected as member of the C' because of the physical impossibility of dividin0 a person 1need to round off .$ to one senator5 and because as the solerepresentative of his party2 his party is entitled to representation.

*/6 -he provision of Section "= on proportional representation is mandatory in character anddoes not leave any discretion to the ma?ority party in the Senate to disobey or disre0ard the rule on proportional representation. +o party can claim more than !hat it is entitled to under such rule.

Section "= also assures representation in the C' of any political party !ho succeeds in electin0members to the Senate2 provided that the number of senators so elected enables it to put arepresentative in the C'. -herefore2 in the Senate2 a political party must at least have 4 dulyelected senators for every seat in the C'.

-he SC does not a0ree that it is mandatory to elect "4 Senators to the C'. Ghat theConstitution re:uires is that there be at least a ma?ority of the entire membership. -he Constitutiondoes not re:uire the election and presence of "4 senators and "4 members of the ouse in order that the Commission may function.

-he election of Senator &omulo and -anada as members of the C' !as clearly a violationof 'rt. V,2 Sec. "=. Adapted"

1not in VVEs revised outline5(,n%tion 1'rt. V,,2 Sec. "35

-he Commission shall confirm or approve nominations made by the President of certain public officers named by the Constitution or by la!6

". heads of the e8ecutive departments4. ambassadors2 other public ministers2 and consuls. officers of the 'rmed >orces from the ran9 of colonel or naval captain

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;. other officers !hose appointments are vested in him in this Constitutiona. Chairman and members of Constitutional Commissions b. re0ular members of the Judicial and Bar Councilc. members of the &e0ional Consultative council

*essions and Pro%ed,re 1Secs. "= A "#5

-he Commission on 'ppointments shall meet to dischar0e its po!ers and functions only!hile the Con0ress is in session. -he meetin0 may be called by 1a5 the Chairman2 or 1b5 a ma?orityof all its members.

-he Chairman of the Commission does not vote2 e8cept to brea9 a tie. -he Commissionshall act on all appointments submitted to it !ithin F session days of the Con0ress from their submission. -he Commission rules by a ma?ority vote of all its members.

Reg,lar appoint2ent

&e0ular appointment ta9es place !hen the President appoints an officer !hose appoinmentre:uires confirmation by the Commission2 !hile Con0ress is in session. -he officer so appointedcannot assume office at once. -he President must first nominate him to the Commission. -hen2 theCommission shall act on all appointments submitted to it !ithin F session days of the Con0ressfrom their submission 1V,2 "=5. >ailure to act !ithin the period is tantamount to disapproval of thenomination2 since the Constitution re:uires positive action by the Commission 1VV5. ,f theCon0ress or the Commission itself ad?ourns !ithout ta9in0 any action on the nomination2 a0ain it isdeemed disapproved 1or bypassed5. ,f the Commission approves the nomination2 the ffice of thePresident ma9es an Dissuance of commission.D nly then can the appointee assume office.

Re%ess appoint2ent

n the other hand2 recess appointment ta9es !hen Con0ress is not in session. 1-his is also9no!n as ad@interim appointment2 but the latter term is e:uivocal because it can be used in 4

senses6 1i5 midni0ht appointment2 !hich happens !hen the President ma9es an appointment beforehis term e8pires2 !hether or not this is confirmed by the Commission on 'ppointments2 and 1ii5recess appointment2 !hich happens !hen the President ma9es appointment !hile Con0ress is inrecess2 !hether or not his term is about to e8pire.5 Unli9e re0ular appointment2 the ad@interimappointment made by the President is complete in itself2 and thus effective at once2 even !ithoutconfirmation. But this appointment has only temporary effect. Ghen Con0ress convenes2 theCommission !ould have to act on the ad interim appointment by confirmin0 it 1in !hich case theappointment becomes permanent5 or disapprovin0 it by means of a positive failure to act on theappointment 1in !hich case the appointment is immediately terminated5.

'ccordin0 to the Constitution2 the President shall have the po!er to ma9e appointmentdurin0 the recess of the Con0ress2 !hether voluntary or compulsory2 but such appointments shall be effective only until disapproval by the Commission on 'ppointments 1!hich can only be done!hen Con0ress is in session 1'rt. V,2 Sec. "#5 or until the ne8t ad?ournment of the Con0ress 1if theCommission fails to act earlier5. 1'rt. V,,2 Sec. "32 par. 45.

<. e0islative Po!er and Process of Con0ress

a. )eneral plenary po!ers

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Art" VI4 *e%" 1" T&e legislative po#er s&all e vested in t&e Congress o+ t&eP&ilippines4 #&i%& s&all %onsist o+ a *enate and a .o,se o+ Representatives4 e3%ept to t&ee3tent reserved to t&e people ! t&e provision on initiative and re+erend,2"

b. imitations on the e0islative Po!er

1"5 Substantive limitations

1a5 *8press substantive limitations

"5 -he Bill of &i0hts

Art" III" $ill o+ Rig&ts"

-he freedom of individuals are addressed as limitations to the po!er of Con0ress tole0islate. -hus2 the provisions of the Bill of &i0hts be0in !ith the phrase D+o la! shall be passedD.

45 'ppropriation a!s

Art" VI4 *e%" 79" 1D )o 2one! s&all e paid o,t o+ t&e Treas,r! e3%ept in p,rs,an%eo+ an appropriation 2ade ! la#"

333

Art" VI4 *e%" 7;" 1D T&e Congress 2a! not in%rease t&e appropriation re%o22ended! t&e President +or t&e operation o+ t&e 0overn2ent as spe%i+ied in t&e ,dget" T&e +or24%ontent4 and 2anner o+ preparation o+ t&e ,dget s&all e pres%ried ! la#"

7D )o provision or ena%t2ent s&all e e2ra%ed in t&e general appropriations ill,nless it relates spe%i+i%all! to so2e parti%,lar appropriations t&erein" An! s,%& provision orena%t2ent s&all e li2ited in its operation to t&e appropriation to #&i%& it relates"

8D T&e pro%ed,re in approving appropriations +or t&e Congress s&all stri%tl! +ollo#t&e pro%ed,re +or approving appropriations +or ot&er depart2ents and agen%ies"

:D A spe%ial appropriations ill s&all spe%i+! t&e p,rpose +or #&i%& it is intended4 ands&all e s,pported ! +,nds a%t,all! availale as %erti+ied ! t&e )ational Treas,rer4 or to eraised ! a %orresponding reven,e proposal t&erein"

;D )o la# s&all e passed a,t&ori5ing an! trans+er o+ appropriationsH &o#ever4 t&ePresident4 t&e President o+ t&e *enate4 t&e *peaer o+ t&e .o,se o+ Representatives4 t&e C&ie+ B,sti%e o+ t&e *,pre2e Co,rt4 and t&e &eads o+ Constit,tional Co22issions 2a!4 ! la#4 ea,t&ori5ed to a,g2ent an! ite2 in t&e general appropriations la# +or t&eir respe%tive o++i%es+ro2 savings in ot&er ite2s o+ t&eir respe%tive appropriations"

6D 'is%retionar! +,nds appropriated +or parti%,lar o++i%ials s&all e dis,rsed onl!+or p,li% p,rposes to e s,pported ! appropriate vo,%&ers and s,<e%t to s,%& g,idelinesas 2a! e pres%ried ! la#"

?D I+4 ! t&e end o+ an! +is%al !ear4 t&e Congress s&all &ave +ailed to pass t&e generalappropriations ill +or t&e ens,ing +is%al !ear4 t&e general appropriations la# +or t&epre%eding +is%al !ear s&all e dee2ed reena%ted and s&all re2ain in +or%e and e++e%t ,ntil t&egeneral appropriations ill is passed ! t&e Congress"

)eneral Principle

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+o money shall be paid out of the -reasury e8cept in pursuance of an appropriation made by la!. L'rt. V,2 Sec. 4#1"5.

'll appropriation2 revenue or tariff bills2 bills authorizin0 increase of the public debt2 billsof local application2 and private bills2 shall ori0inate e8clusively in the ouse2 but the Senate may propose or concur !ith amendments 1Sec. 4;5. 1-he reason is that the ouse is the more popular

chamber of Con0ress.5

)eneral 'ppropriation

-he President shall submit to Con0ress2 !ithin F days from the openin0 of its re0ular session2 as the basis of the 0eneral appropriations bill2 a bud0et of 1a5 e8penditures2 and 1b5sources of financin02 includin0 receipts from e8istin0 and proposed revenue measures. 1'rt. V,,2Sec. 445.

-he form2 content2 and manner of preparation of the bud0et shall be prescribed by la!.L'rt. V,2 Sec. 4$1"52 4nd sentence.

-he Con0ress may not increase the appropriations recommended by the President for theoperation of the )overnment as specified in the bud0et.

+o provision or enactment shall be embrace in the 0eneral appropriations bill unless itrelates specifically to some particular appropriation therein. 'ny such provision or enactmentshall be limited in its operation to the appropriation to !hich it relates. L'rt. V,2 Sec. 4$145

-he procedure in approvin0 appropriations for the Con0ress shall strictly follo! the procedure for approvin0 appropriations for other departments and a0encies.

,f2 by the end of the fiscal year2 the Con0ress shall have failed to pass the 0eneralappropriations bill for the ensuin0 fiscal year2 the 0eneral appropriations la! for the precedin0fiscal year shall be deemed reenacted2 and shall remain in force and effect until the 0eneral

appropriations bill is passed by the Con0ress. L'rt. V,2 Sec. 4$1<5

Special 'ppropriation

' special appropriations bill shall 1a5 specify the purpose for !hich it is intended2 and 1b5supported by funds2 actually available as certified by the +ational -reasurer2 or to be raised by acorrespondin0 revenue proposal therein. L'rt. V,2 Sec. 4$1;5

1' special appropriations bill may be proposed to supply a lac9 or meet a ne! need2 li9e aspecial election. ,n the case of a special la! to elect the President and Vice%President2 ho!ever2 there:uirements of the sections are specifically e8empted by the Constitution in 'rt. V,,2 Sec. "F.5

-ransfer of funds already appropriated

+o la! shall be passed authorizin0 any transfer of appropriations.

o!ever2 the President2 President of the Senate2 Spea9er of the ouse2 the Chief Justice of the Supreme Court2 and the heads of the Constitutional Commission may2 by la!2 be authorized toDau0mentD any item in the 0eneral appropriations la! for their respective offices2 from Dsavin0sD inother items of their respective appropriations. L'rt. V,2 Sec. 4$1$5

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/iscretionary funds appropriated for particular officials shall be disbursed only for public purposes2 to be supported by appropriate vouchers2 and sub?ect to such 0uidelines as may be prescribed by la!. L'rt. V,2 Sec. 4$135

,n /emetria v 'lba2 supra2 it !as held that Sec. ;; of the Bud0et 'ct of "#<< 1BP ""<<50rantin0 the President the blan9et authority to transfer funds from one department to another2 !ith

or !ithout savin0s2 is unconstitutional.

Prohibited appropriation to enforce the Separation of Church and State

+o public money or property shall be appropriated 1applied2 paid2 or employed52 directlyor indirectly2 for the use2 benefit2 or support of any reli0ion 1sect2 church2 denomination2 sectarianinstitution2 or any system of reli0ion5 or of any priest 1preacher2 minister2 other reli0ious teacher2 or reli0ious di0nitary5.

*8ception6 Ghen such priest2 et. al.2 is assi0ned to 1a5 the '>P7 1b5 any penal institution71c5 any 0overnment orphana0e7 or 1d5 any leprosarium. L'rt. V,2 Sec. 4#145

'ppropriations la!s 1the spendin0 po!ers of Con0ress 1id.2 Sec. 4$55 are tied up !ith -a8la!s 1the po!er to raise revenues 1id.2 Sec. 4=55. -hey are t!o indispensable sides of a coin. -heyare tied up by the principle that no money shall be paid out of the -reasury e8cept in pursuance of an appropriation made by la! 1id.2 Sec. 4#1"55.

5 -a8 la!s

!d "4 *e%" 7" 1D T&e r,le o+ ta3ation s&all e ,ni+or2 and e,itale" T&e Congresss&all evolve a progressive s!ste2 o+ ta3ation"

Cruz6 #niformit" in ta-ation means that persons or thin0s belon0in0 to the same class shall beta8ed at the same rate. ,t is distin0uished from e1ualit" in ta-ation in that the latter re:uires theta8 imposed to be determined on the basis of the value of the property. -he present Consti. addsthat the rule of ta8ation shall also be e1uitable2 !@c means that the ta8 burden must be imposedaccordin0 to the ta8payerEs capacity to pay.

!d&% *e%" 7 7D T&e Congress 2a!4 ! la#4 a,t&ori5e t&e President to +i34 #it&inspe%i+ied li2its4 and s,<e%t to s,%& li2itations and restri%tions as it 2a! i2pose4 tari++ rates4i2port and e3port ,otas4 tonnage and #&ar+age d,es4 and ot&er d,ties or i2posts #it&in t&e+ra2e#or o+ t&e national develop2ent progra2 o+ t&e 0overn2ent"

8D C&aritale instit,tions4 %&,r%&es and parsonages or %onvents app,rtenant t&ereto42os,es4 nonpro+it %e2eteries4 and all lands4 ,ildings4 and i2prove2ents4 a%t,all!4 dire%tl!4and e3%l,sivel! ,sed +or religio,s4 %&aritale4 or ed,%ational p,rposes s&all e e3e2pt +ro2ta3ation"

:D )o la# granting an! ta3 e3e2ption s&all e passed #it&o,t t&e %on%,rren%e o+ a2a<orit! o+ all t&e Me2ers o+ t&e Congress"

Art" >IV4 *e%" : 8D All reven,es and assets o+ nonsto%4 nonpro+it ed,%ationalinstit,tions ,sed a%t,all!4 dire%tl!4 and e3%l,sivel! +or ed,%ational p,rposes s&all e e3e2pt

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+ro2 ta3es and d,ties" Upon t&e dissol,tion or %essation o+ t&e %orporate e3isten%e o+ s,%&instit,tions4 t&eir assets s&all e disposed o+ in t&e 2anner provided ! la#"

Proprietar! ed,%ational instit,tions4 in%l,ding t&ose %ooperativel! o#ned4 2a!lie#ise e entitled to s,%& e3e2ptions s,<e%t to t&e li2itations provided ! la# in%l,dingrestri%tions on dividends and provisions +or reinvest2ent"


7D )o p,li% 2one! or propert! s&all e appropriated4 applied4 paid4 or e2plo!ed4dire%tl! or indire%tl!4 +or t&e ,se4 ene+it4 or s,pport o+ an! se%t4 %&,r%&4 deno2ination4se%tarian instit,tion4 or s!ste2 o+ religion4 or o+ an! priest4 prea%&er4 2inister4 or ot&erreligio,s tea%&er4 or dignitar! as s,%&4 e3%ept #&en s,%& priest4 prea%&er4 2inister4 ordignitar! is assigned to t&e ar2ed +or%es4 or to an! penal instit,tion4 or govern2entorp&anage or leprosari,2"

8D All 2one! %olle%ted on an! ta3 levied +or a spe%ial p,rpose s&all e treated as aspe%ial +,nd and paid o,t +or s,%& p,rpose onl!" I+ t&e p,rpose +or #&i%& a spe%ial +,nd #as%reated &as een +,l+illed or aandoned4 t&e alan%e4 i+ an!4 s&all e trans+erred to t&e general+,nds o+ t&e 0overn2ent"

;5 Jurisdiction of the Supreme Court

Art" VI4 *e%" 8=" )o la# s&all e passed in%reasing t&e appellate <,risdi%tion o+ t&e*,pre2e Co,rt as provided in t&is Constit,tion #it&o,t its advi%e and %on%,rren%e"

Cruz6 -he purpose is to prevent further additions to the present tremendous case load of the SC!@c includes the baclo0 of the past 4 decades.

$5 -itle of royalty

Art" VI % *e%" 81" )o la# granting a title o+ ro!alt! or noilit! s&all e ena%ted"

Cruz6 -he purpose of this prohibition is to preserve the republican and democratic nature of our society by prohibitin0 the creation of privile0ed classes !@ special per:uisites not available to therest of the citizenry.

1b5 ,mplied substantive limitations

1i5 +on%dele0ation of le0islative po!ers

's a 0eneral rule2 le0islative po!ers cannot be dele0ated2 !hat can be dele0ated is thee8ecution of the la!s under acceptable standards limitin0 discretion of the e8ecutive. -he Con%stitution2 ho!ever2 provides certain specific e8emptions.

'. /ele0ation to the President

"5 *mer0ency po!ers6

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Art" VI4 *e%" 78" 3337D In ti2es o+ #ar or ot&er national e2ergen%!4 t&e Congress 2a!4 ! la#4 a,t&ori5e

t&e President4 +or a li2ited period4 and s,<e%t to s,%& restri%tions as it 2a! pres%rie4 toe3er%ise po#ers ne%essar! and proper to %arr! o,t a de%lared national poli%!" Unless sooner#it&dra#n ! resol,tion o+ t&e Congress4 s,%& po#ers s&all %ease ,pon t&e ne3t ad<o,rn2ent

t&ereo+""

45 Certain ta8in0 po!ers L'rt. V,2 Sec. 4=145 1see /ele0ation of -a8 Po!ers5

Art" VI4 *e%" 7" 3337D T&e Congress 2a!4 ! la#4 a,t&ori5e t&e President to +i34 #it&in spe%i+ied li2its4

and s,<e%t to s,%& li2itations and restri%tions as it 2a! i2pose4 tari++ rates4 i2port ande3port ,otas4 tonnage and #&ar+age d,es4 and ot&er d,ties or i2posts #it&in t&e +ra2e#or o+ t&e national develop2ent progra2 o+ t&e 0overn2ent"

B. /ele0ation to ocal )overnments

-a8 po!ers6

Art" >4 *e%" ;" Ea%& lo%al govern2ent ,nit s&all &ave t&e po#er to %reate its o#nso,r%es o+ reven,es and to lev! ta3es4 +ees and %&arges s,<e%t to s,%& g,idelines andli2itations as t&e Congress 2a! provide4 %onsistent #it& t&e asi% poli%! o+ lo%al a,tono2!"*,%& ta3es4 +ees4 and %&arges s&all a%%r,e e3%l,sivel! to t&e lo%al govern2ents"

Pelaez vs 'uditor )eneral "$ SC&' $3#

't issue here !as the validity of Sec. 3= of the &evised 'dministrative Code empo!erin0the President of the Philippines to create2 mer0e2 divide2 abolish or other!ise alter the boundaries

of municipal corporations. Pelaez contended that it !as an invalid dele0ation of le0islative po!er.-he 0ovt. ar0ued that it !as not2 invo9in0 the earlier case of Cardona vs Binan0onan2 3 Phil $;<2!here the po!er of the 0overnor%0eneral to transfer territory from one municipality to another !assustained. -he SC upheld Pelaez. ,t ruled that the completeness test and the sufficient standardtest must be applied to0ether or concurrently. -he SC declared that the Cardona case involved notthe creation of a ne! municipality but merely the transfer of territory from one municipality toanother. -he po!er to fi8 such boundaries of e8istin0 municipalities may parta9e of an adminis%trative nature but the creation of municipal corporations is strictly le0islative in nature.

'lthou0h Con0ress may dele0ate to another branch of the )ovt. the po!er to fill details inthe e8ecution2 enforcement or administration of a la!2 it is essential2 to forestall a violation of the principle of separation of po!ers2 that said la!6 1a5 be complete in itself %% it must set forth thereinthe policy to be e8ecuted2 carried out or implemented by the dele0ate %% and 1b5 to fi- a standard %%the limits of !hich are sufficiently determinate or determinable%% to !hich the dele0ate mustconform in the performance of his functions. ,ndeed2 !ithout a statutory declaration of policy2!hich is the essence of every la!2 and !ithout the aforementioned standard2 there !ould be nomeans to determine2 !ith reasonable certainty2 !hether the dele0ate has acted !ithin or beyond thescope of his authority.

Sec. 3= of the &'C does not meet these !ell settled re:uirements for a valid dele0ation of the po!er to fi8 the details in the enforcement of a la!. ,t does not enunciate any policy to be

P')* "$F




carried out or implemented by the President. +either does it 0ive a standard sufficiently precise toavoid the evil effects of undue dele0ation. Adapted"

C. /ele0ation to the People

,nitiative and referendum po!ers6

Art" VI4 *e%" 87" T&e Congress4 s&all4 as earl! as possile4 provide +or a s!ste2 o+ initiative and re+erend,24 and t&e e3%eptions t&ere+ro24 #&ere! t&e people %an dire%tl!propose and ena%t la#s4 or approve or re<e%t an! a%t or la# or part t&ereo+4 passed ! t&eCongress or lo%al legislative od!4 a+ter t&e registration o+ a petition t&ere+ore4 signed ! atleast ten per centum o+ t&e total n,2er o+ registered voters #it& ever! legislative distri%trepresented ! at least t&ree per centum o+ t&e registered voters t&ereo+"

1ii5 Prohibition a0ainst passa0e of irrepealable la!s

,t is a8iomatic that all la!s2 even the Constitution itself2 may be repealed or amended. +oone can bind future 0enerations to a la!.

145 Procedural imits

Art" VI4 *e%" 76 1D Ever! ill passed ! Congress s&all e2ra%e onl! one s,<e%t#&i%& s&all e e3pressed in t&e title t&ereo+"

7D )o ill passed ! eit&er .o,se s&all e%o2e a la# ,nless it &as passed t&reereadings on separate da!s4 and printed %opies t&ereo+ in its +inal +or2 &ave een distri,ted toits Me2ers t&ree da!s e+ore its passage4 e3%ept #&en t&e President %erti+ies to t&e ne%essit!o+ its i22ediate ena%t2ent to 2eet a p,li% %ala2it! or e2ergen%!" Upon t&e last reading o+ aill4 no a2end2ent t&ereto s&all e allo#ed4 and t&e vote t&ereon s&all e taen i22ediatel!

t&erea+ter4 and t&e #eas and na#s entered in t&e Bo,rnal"

*e%" 7? 1D Ever! ill passed ! t&e Congress s&all4 e+ore it e%o2es a la#4 epresented to t&e President" I+ &e approves t&e sa2e4 &e s&all sign itH ot&er#ise4 &e s&all veto itand ret,rn t&e sa2e #it& &is o<e%tions to t&e .o,se #&ere it originated4 #&i%& s&all enter t&eo<e%tions at large in its Bo,rnal and pro%eed to re%onsider it" I+4 a+ter s,%& re%onsideration4t#ot&irds o+ all t&e Me2ers o+ s,%& .o,se s&all agree to pass t&e ill4 it s&all e sent4toget&er #it& t&e o<e%tions4 to t&e ot&er .o,se ! #&i%& it s&all lie#ise e %onsidered4 andi+ approved ! t#ot&irds o+ all t&e Me2ers o+ t&at .o,se4 it s&all e%o2e a la#" In all s,%&%ases4 t&e votes o+ ea%& .o,se s&all e deter2ined ! #eas or na#s4 and t&e na2es o+ t&eMe2ers voting +or or against s&all e entered in its Bo,rnal" T&e President s&all%o22,ni%ate &is veto o+ an! ill to t&e .o,se #&ere it originated #it&in t&irt! da!s a+ter t&edate o+ re%eipt t&ereo+H ot&er#ise4 it s&all e%o2e a la# as i+ &e &ad signed it"

7D T&e President s&all &ave t&e po#er to veto an! parti%,lar ite2 or ite2s in anappropriation4 reven,e4 or tari++ ill4 ,t t&e veto s&all not a++e%t t&e ite2 or ite2s to #&i%&&e does not o<e%t"

c. uestion our

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Art" VI4 *e%" 77" T&e &eads o+ depart2ents 2a! ,pon t&eir o#n initiative #it& t&e%onsent o+ t&e President4 or ,pon t&e re,est o+ eit&er .o,se4 as t&e r,les o+ ea%& .o,se s&allprovide4 appear e+ore and e &eard ! s,%& .o,se on an! 2atter pertaining to t&eirdepart2ents" Written ,estions s&all e s,2itted to t&e President o+ t&e *enate or t&e*peaer o+ t&e .o,se o+ Representatives at least t&ree da!s e+ore t&eir s%&ed,ledappearan%e" Interpellations s&all not e li2ited to #ritten ,estions4 ,t 2a! %over 2atters

related t&ereto" W&en t&e se%,rit! o+ t&e *tate or t&e p,li% interest so re,ires and t&ePresident so states in #riting4 t&e appearan%e s&all e %ond,%ted in e3e%,tive session"

-he heads of department shall provide2 appear before2 and be heard2 by any house2 on anymatter pertainin0 to their departments6

1i5 upon their o!n initiative2 !ith the consent of the President7 or 1ii5 upon re:uest of either house2 as the rules of that house shall provide.

1-his is a carryover of the "#< Constitution2 a feature of a parliamentary system.5

Gritten :uestions shall be submitted to the presidin0 officer of the house at least days before the scheduled appearance. -he purpose is to enable the cabinet member to prepare.

,nterpellations shall not be limited to !ritten :uestions2 but may cover matters relatedthereto.

,t is submitted that a member of the Cabinet may not refuse to appear before the house. ,f he refuses a summons2 he can be cited for contempt. ,f the President forbids his appearance2 stillhe must appear if as9ed by Con0ress. Under "#$2 it !as an e8cuse for the President to certifythat the interest of public security ?ustifies the refusal7 under "#=<2 the remedy is an e8ecutivesession not refusal to appear.

Ghen the security of the State or the public interest so re:uires2 and the President sostates in !ritin02 the appearance shall be conducted in e8ecutive session. 1,t must be noted thenthat the President cannot disallo! the appearance but can only as9 for a closed door session5.

d. e0islative ,nvesti0ations

Art" VI4 *e%" 71" T&e *enate or t&e .o,se o+ Representatives or an! o+ its respe%tive%o22ittees 2a! %ond,%t in,iries in aid or legislation in a%%ordan%e #it& its d,l! p,lis&edr,les or pro%ed,re" T&e rig&ts o+ persons appearing in or a++e%ted ! s,%& in,iries s&all erespe%ted"

*ach house or any of its committees may conduct Din:uiries in aid of le0islationD accordin0to its duly published rules of procedures.

-o enforce this ri0ht2 the SC upheld the po!er of Con0ress to hold in contempt a personre:uired to appear before Con0ress or its committee and ans!er :uestions relevant to a matter of le0islative interest in the 'rnault cases.

,n 'rnault v +azareno. =< Phil 4# 1"#$F5. 'rnault !as cited for contempt for persistentlyrefusin02 after ta9in0 the stand2 to reveal the name of the person to !hom 0ave the P;;F2FFF. ,nconnection !ith the le0islative investi0ation of the Buenavista and -ambobon0 &eal *states!hereby a certain Bert !as able to sell the land to the 0overnment and realized P".$ million. -hesecond case of 'rnault v Bala0tas2 #< Phil $F 1"#$$5 arose !hen he persisted in not 0ivin0

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information2 this time about an affidavit !hich purportedly 0ave the details surroundin0 theac:uisitions of the estates by Bert and the supposed circumstances under !hich he 0ave the amountto a Jess Santos. -he Court in both cases2 upheld the authority of the Senate to cite him incontempt2 and thus dismissed the habeas corpus petitions.

Ghen so held in contempt2 since the Senate is a continuin0 body2 the contempt seems to be

effective even beyond the session durin0 !hich the contempt !as made2 held the SC in 'rnault2overrulin0 the case of opez v de los &eyes2 $$ Phil "<F 1"#F52 !here the Court held that thecontempt lasted only for the session and could not be revived in the ne8t session by a merereapproval of the previous contempt.

o!ever2 the ri0hts of the persons 1a5 appearin0 in2 or 1b5 affected by such in:uiries shall be respected.

+otable amon0 these ri0hts is the ri0ht a0ainst Dself% incriminationD. Usually2 immunity is0ranted to those !ho are compelled to appear.

Ben0zon vs Senate Blue &ibbon Committee 4F SC&' <3<

,n this case2 the petitioners sou0ht to restrain the respondent from investi0atin0 their participation in the alle0ed misuse of 0ovt. funds and the illicit ac:uisition of properties bein0claimed by the PC)) for the &epublic of the Philippines. -he SC 0ranted the petition2 holdin0that the petitioners are impleaded as defendants in a case before the Sandi0anbayan2 !hich involvesissues intimately related to the sub?ect of contemplated in:uiry before the respondent Committee2and that no le0islation !as apparently bein0 contemplated in connection !ith the said investi0ation.

o!ever2 the decision failed to consider that the proceedin0 before the Sandi0anbayan !ascriminal in nature and that the purpose of the le0islative investi0ation !as to ascertain thedisposition of funds and properties claimed to be public in nature. ,ts findin0s on this matter could be the sub?ect of le0islation althou0h it may not have been e8pressly stated that such !as the

purpose of the in:uiry. 's observed in the earlier case of 'rnault vs +azareno2 =< Phil 4#2 the SCis bound to presume that the action of the le0islative body !as !ith a le0itimate ob?ect if it !ascapable of bein0 so construed2 and it has no ri0ht to assume that the contrary !as intended.

Mendoza2 The #se of Legislative Purpose as a Limitation on the Congressional Power of Investigation2 ;3 P, .J. <F< 1"#<"5

' determination that the in:uiry is for a Dle0islative purposeD is not the end2 but only the be0innin02 of the comple8ity.

888-he idea that Con0ress has a ri0ht to be fully informed in order that it may le0islate !isely

underlies the e8ercise of the po!er to investi0ate2 !@ coercive po!er to compel disclosure. 't thesame time concern for the fact that unless limited to a Dle0islative purposeD the po!er to investi0atemay be used to harass individuals and invade fundamental ri0hts very early led the US SC to insiston a sho!in0 that investi0ations be Din aid of le0islation.D

888

-* '-*&+'-,V* US* > -* /C-&,+*

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-hrou0h the years2 the doctrine of le0islative purpose2 first announced in Iilbournvs.-homposon2 "F US "3= 1"==F52 has steadily declined in value as a limitation on thecon0ressional po!er of investi0ation2 until today it is used only as a counter!ei0ht to individualri0hts. 888

-he use of the doctrine of le0islative purpose is sub?ect to the follo!in0 observations6 4irst . -o say that con0ressional in:uiries may only be ?ustified in terms of the need for

le0islation is to assume t!o thin0s6 1a5 that the po!ers of 0ovt can be neatly divided intole0islative2 ?udicial and e8ecutive2 and 1b5 that the function of Con0ress is confined to strictlyla!ma9in0. nly a doctrinaire vie! of the principle of separation of po!ers can support the first.-he 4nd assumption is based on an unreality. 888

econd. L-he doctrine of le0islative purpose is difficult of enforcement. 888 ,t is saidthat investi0ations can only be underta9en in aid of le0islation. But ho! is the Court to proveother!ise if Con0ress declares that its purpose is le0islationK -he Court cannot probe into themotives of the members of Con0ress. 'nd le0islative investi0ation need not result in le0islation.888

LGhile the Court may try to enforce the le0islative purpose doctrine by re:uirin0Con0ress to state the aims and purposes of authorized investi0ations2 there is nothin0 it can do if Con0ress refuses to comply !@ its demand. n !hat 0round can the Court stri9e do!n va0ueauthorizin0 resolutionsK n the principle of separation of po!ersK

4ourth. *ven 0iven the fact that an investi0ation is for a le0islative purpose2 the tas9 of the Court is not at an end. 888 -he le0islative purpose served by the in:uiry !ill still have to be!ei0hed a0ainst the ri0ht of the !itness. e0islative purpose serves not as a limitation on the po!er of investi0ation but rather as a counter!ei0ht to the interest in civil liberties.

4ifth. 888 -o presume that the purpose is la!ma9in0 !here the purpose is different is to place an undue !ei0ht on one side of the scale. '0ainst the presumption of le0islative purpose2individual ri0hts !ould indeed appear to be mere paper !ei0hts. 888

888 By reco0nizin0 e8posure as a normal purpose of investi0ations2 !hile at the sametime stressin0 its potential dan0er to individual ri0hts2 the Court can be0in to act as a real balancer

of interests2 stri9in0 do!n those in:uiries !hich needlessly destroy constitutional ri0hts andupholdin0 those in !@c e8posure of some dan0er or misdeeds is essential to society.

888L-he use of Dle0islative purpose as a short hand term for !hat Con0ress mi0ht underta9e

tends to lend a conclusory meanin0 !hen !hat is involved is a process of reachin0 ?ud0ment. 888

Notes on ,egislati$e !nquiries b# -. /

-he po!er of Con0ress to conduct investi0ations e8ists for the primary purpose of enablin0 it to dischar0e its le0islative functions !isely and effectively%% to 0uide and aid Con0ressin the enactment of la!s2 their amendments and as !ell as their repeal. " ,n the seminal case of 'rnault vs. +azareno42 the Supreme Court said6

-he po!er of in:uiry% !ith po!er to enforce it % is an essential andappropriate au8iliary to the le0islative function. ' le0islative body cannot le0islate!isely or effectively in the absence of information respectin0 the conditions !hichthe le0islation is intended to affect or chan0e7 and !here the le0islative body does

"Joa:uin &. &oces2 The Power of Congressional Investigations2 U* a! Journal2 vol. ,2 nos. "%;2 "#$=%"#$# at pa0e 434%43.4=< Phil 4#2 ;$ 1"#$F5.

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not itself possess re:uisite information% !hich is not infre:uently true% recoursemust be had to others !ho do posses it. 888.

e0islative investi0ations are carried out in order to ascertain 1a5 !hat ne! le0islation isneeded 1b5 the e8istin0 la! to be repealed and 1c5 !hether a ne! le0islation is effectivelyaccomplishin0 its purpose !ith a vie! of amendin0 it. But in addition to obtainin0 facts that may

be useful in enactin0 la!s2 the po!er of in:uiry may be utilized by Con0ress for the scrutiny of e8ecutive action as !ell as the formation of public opinion.; Con0ressional investi0ations have thesalutary effect of 9eepin0 the public informed of !hat is happenin0 in their 0overnment sincecon0ressional investi0ations are 0iven !ide publicity by media.$

Con0ressional investi0ative function may be ?ustified under certain provisions of theConstitution !hich are ?udicial and e8ecutive in nature.3 ,n the e8ercise of the po!er to confirmappointments<2 information concernin0 the :ualifications of the appointee may be investi0ated. -heSenate may conduct an investi0ation into all matters pertinent to the possible ratification of a treaty. =

-he po!er to in:uire is also implied in the authority to impeach officials.# ,nvesti0atory po!er isalso available !hen Con0ress is considerin0 constitutional amendments "F2 or the declaration of thee8istence of a state of !ar .""

-he 0eneral po!er of Con0ress in conductin0 investi0ations may be rou0hly divided intot!o parts2 one bein0 its in:uisitorial po!er and the other its punitive po!er."4 -he in:uisitorial po!ers of Con0ress2 on the one hand2 consists of its authority to summon !itnesses2 to e8tracttestimony from them2 and compel the production of papers2 documents and other information. "

-he punitive po!er of the e0islature2 on the other hand2 consists of its authority to dealdirectly2 by !ay of contempt proceedin0s2 !ith acts !hich inherently obstruct or prevent thedischar0e of its le0islative duties."; 's early as the case of opez v. de los &eyes2 "$ the SupremeCourt has ruled that the po!er to punish for contempt is essential to permit the e0islature to perform its duties !ithout impediment. -his pronouncement has been reaffirmed in the "#$F case of 'rnault v. +azareno."3 ,n that case2 the Supreme Court has ta9en note of the fact that e8periencehas sho!n that mere re:uests for such information are often unavailin02 and that volunteeredinformation are often unreliable. -he courts2 thus2 concluded that some means of compulsion isessential to obtain !hat is needed.

-he correlative po!er to punish a prevaricatin0 !itness for contempt rests on the ri0ht of

the le0islature to self%preservation and is founded on Dthe ri0ht to prevent acts !hich2 in and of themselves2 inherently obstruct or prevent the dischar0e of le0islative duties2 or refusal to do that!hich there is an inherent le0islative po!er to compel in order that le0islative functions may be performed.D"< -his punitive po!er2 ho!ever2 terminates !hen the le0islative body ceases to e8istupon its final ad?ournment."= -hus2 unli9e the Senate !hich is a continuin0 body2 the term of !hose

Juan >. &ivera2 -he Con0ress of the Philippines2 pp. $<%$=.;-anada and >ernando2 -he Constitution of the Philippines2 pp. <<"%<<".$op cit.2 loc cit.3Juan >. &ivera2 -he Con0ress of the Philippines2 p. $<.<'rt. V,,2 Sec. "32 "#=< Constitution='rt. V,,2 Sec. 4"2 ibid.#'rt. H,2 Sec. 2 ibid."F'rt. H,,2 ibid""'rt. V,2 Sec. 42 ibid."4supra note no. 4 at p. 43;%43$."ibid2 citin0 Gillou0hby2 n the Consitution of the United States2 Vol. ,2 sec. ;;.";ibid2 at p. 43<"$$$ Phil "<F."3 supra note 3."<supra note 4 at p. 43< citin0 Marshall v. )ordon2 4; US $4"."=Bernas2 -he Constitution of the &epublic of the Philippines ' Commentary2 vol. ,,2 p. ";.

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members e8pire at different times2"# the life of the ouse of &epresentatives terminates upon itsfinal ad?ournment.4F

TRACI)0 T.E ROOT*

-he practice of le0islative in:uiries dates bac9 to the "34Fs !hen Pil0rims landed in'merica. Before that event2 British Parliament had e8perimented !ith a fact%findin0 committeearmed !ith the po!er to compel attendance of persons and the production of documents !ith the po!er to punish contumacious !itnesses. -his e8periment on le0islative in:uest eventuallydeveloped as a necessary part of the le0islative process !ith the establishment of the supremacy of Parliament in "3==. By "3=#2 a number of parliamentary committees of investi0ation !ere inoperation.4"

-he US Con0ress first e8ercised this po!er in March of "<#4. -he former Con0ress hadapproved a resolution creatin0 a committee to investi0ate the causes of failure of the e8peditionunder Ma?or )eneral St. Clair a0ainst the ,ndians at >ort Gayne2 0ivin0 this committee the po!er tocall for papers and records need in the investi0ation. Ghen the committee !as called to submit thenecessary papers relative to the campai0n2 President )eor0e Gashin0ton ordered his cabinet todeliver only those papers2 the e8amination of !hich !ould promote public interest2 and to refuse thedelivery of such papers !hen disclosure !ould in?ure public interest. +onetheless2 thedetermination of !hat !ould enhance public interest !as still a Presidential prero0ative. ,n "<#32President Gashin0ton a0ain refused the re:uest of the ouse for the delivery of copy of instructionof the US Minister !ho ne0otiated a treaty !ith )reat Britain invo9in0 the doctrine of separation of po!ers. Subse:uently2 United States Presidents from Jefferson to -ruman effectively !ielded thisdoctrine as a shield a0ainst in:uiries initiated by Con0ress.44

-he first Philippine case on the matter of le0islative investi0ations is the case of 'rnault v. +azareno. ,n that case2 Senate &esolution no. = created a special committee to investi0ate theBuenavista and -ambobon0 *states purchase. -he Committee called and e8amined various!itnesses2 and amon0 them !as Jean 'rnault. ,t sou0ht to in:uire into the necessity and re0ularityof the payment of a certain Burt of one million five hundred thousand pesos 1P "2 $FF2 FFF5. Burt2for the do!npayment of t!enty thousand pesos 1P4F2FFF5 had sometime in "#;3 purchased from

San Juan de /ios ospital and from the Philippine -rust Company the Buenavista and -ambobon0*states. -he Committee sou0ht to determine !ho !ere responsible for and !ho benefited from thetransaction at the e8pense of the 0overnment. Jean 'rnault refused to reveal the name of the personto !hom he 0ave the amount of one hundred forty thousand pesos 1P";F2FFF.FF5 as !ell as to anyother related pertinent :uestions. -he Committee then ordered his commitment to the custody of theSer0eant%at%arms and imprisonment in the +e! Bilibid Prison2 Muntin0lupa until dischar0ed byfurther order of the Senate or by the Special Committee created by Senate &esolution no. =. ' petition for the release of the petitioner from his confinement at Munti0nlupa !as denied by theSupreme Court2 thereby upholdin0 the ri0ht of Con0ress to conduct investi0ations in aid of le0islation.

Philippine courts have held that the con0ressional po!er to investi0ate is co%e8tensive !ithle0islative po!er .4 -his rulin0 follo!s the later decisions handed do!n by the US Supreme Court. +ote that earlier US ?urisprudence has maintained that con0ressional investi0ative po!er is to be

"#'rt. HV,,2 Sec. 42 "#=< Constitution.4Fsupra note "=.4"supra note < at p. $3 citin0 Ieele2 arold M. +otes on Congressional Investigations2 'merican Bar 'ssociation Journal2 vol. ;F no. 42 p. "$;2 >ebruary "#$;.44supra note 42 at p. 43$%433 citin0 istory of 1US5 Con0ressional ,nvesti0ations.4'rnault v. +azareno2 supra

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used to implement a Dclear and precise le0islative purpose.D4; ater2 US rulin0s2 ho!ever2 havee8panded the po!er to Dat least as 0reat as the po!er to le0islate.D 4$

LIMITATIO)*

'rticle V,2 Sec. 4" of the "#=< Constitution provides6

-he Senate or the ouse of &epresentatives or any of its respectivecommittees may conduct in:uiries in aid of le0islation in accordance !ith its duly published rules of procedure. -he ri0hts of persons appearin0 in or affected bysuch in:uiries shall be respected.

,n an attempt to protect the ri0hts of !itnesses2 the Constitution imposes several limitationsto the investi0atory po!er of Con0ress. >irst.2 the investi0ation must be in aid of le0islation.Con0ress cannot conduct an investi0ation merely for the purpose of investi0ation. +o in:uiry is anend in itself7 it must be related to and in furtherance of a le0itimate tas9 of Con0ress. 43 ,nvesti0ationof purely private affairs of people cannot be made2 as Con0ress cannot le0islate on them. o!ever Con0ress can in:uire into private affairs if they affect matters on !hich Con0ress can le0islate. 4<

Moreover2 Con0ress cannot conduct an investi0ation to find out if someone should be prosecutedcriminally2 or to determine if someone is 0uilty or innocent of a crime2 or to decide !hat are theri0hts of parties to a controversy. Con0ress is not a la! enforcement a0ency or a court. 4=

Unfortunately2 ho!ever2 the determination of !hat is Din aid of le0islationD is not the end but only the be0innin0 of the comple8ity.4# ,f a claim is made by Con0ress that an investi0ation is inaid of le0islation2 ho! !ill the court prove other!iseK More often than not2 courts are compelled tota9e the statement of Din aid of le0islationD at face value and render it conclusive upon themselves. F

,t is difficult to define any limits by !hich the sub?ect matter of its in:uiry can becircumscribed." ,t is not necessary that every :uestion propounded to a !itness must be material toa proposed le0islation. Materiality of the :uestion must be determined by its direct relation to thesub?ect of in:uiry and not by its indirect relation to any proposed or possible le0islation. 4 ,n

determinin0 the propriety of the :uestion propounded to a !itness2 thus2 the follo!in0 matters are to be considered6 1"5 the definition of the in:uiry found in the authorizin0 resolution or statute7 145 theopenin0 remar9s of the committee chair7 15 the nature of the proceedin0s7 1;5 the :uestion itself7and 1$5 the response of the committee to a pertinency ob?ection. ,n the case of Ben0zon v. SenateBlue &ibbon Committee2; the Supreme Court has held that the contemplated in:uiry by therespondent Committee is not really Din aid of le0islationD because it is not related to a purpose!ithin the ?urisdiction of Con0ress. ,n that case2 the petitioners see9 to en?oin the Senate Blue&ibbon Committee from re:uirin0 them to testify and produce evidence at its in:uiry into the alle0ed

4;Iilbourn v. -hompson2 "F US "3= 1"=="5.4$supra note no. 4 at p. 3F citin0 US v. Johnson2 US =<.43Gat9ins v. US2 supra4<

Jacinto Jimenez2 The )odern 0a" panish In1uisition 2 'teneo a! Journal2 vol HHH,V p. <"2 citin0 +elson v. Syma:n2 "F$ ' 4d <$32 <3;.4=,bid.4#Vicente V. Mendoza2 The #se of Legislative Purpose as a Limitaiton on Congressional Power to

Investigate2 ;3 PJ <F<.Fsupra2 note 4# at p. <"#."'rnault v. +azareno2 supra.4ibid.supra note 4 citin0 Gat9ins v. US2 $; Us "<=2 4F#%4";.;4F SC&' <3<.

P')* "$<




sale of the e:uity of Ben?amin &omualdez to opa )roup in thirty si8 135 corporations. $ -heCourt notes the fact that since the aim of the investi0ation is to find out !hether or not the relativesof the President or Mr. &icardo opa has violated Section $ of &epublic 'ct F"#2 the 'nti%)raftand Corrupt Practices 'ct2 the matter appears more !ithin the province of courts rather than thele0islature.3 ,n addition2 the court notes that for respondent committee to probe and in:uire into thesame ?usticiable controversy2 !hich is already before the Sandi0anbayan2 !ould be an encroachment

into the e8clusive domain of ?udicial ?urisdiction that has much earlier set in. < Secondly2 the investi0ation must be in accordance !ith duly published rules of procedure of

Con0ress. -hese rules of procedure are sub?ect to chan0e or even suspension by Con0ress at anytime e8cept if it !ill affect the substantive ri0hts of the !itness and other persons involved.=

'nd thirdly2 the Constitution further mandates that the ri0hts of !itnesses appearin0 in or affected by such in:uiries must be respected. i9e all other forms of 0overnmental actions2 the Billof &i0hts is applicable to con0ressional investi0ations. Gitnesses at such investi0ations2 hence2cannot be compelled to 0ive evidence a0ainst themselves2 they cannot be sub?ected to unreasonablesearch and seizure2 and their freedoms of speech2 press2 reli0ion and political belief and associationcannot be abrid0ed.#

-he ri0ht a0ainst self%incrimination applies to any !itness in any proceedin02 !hether civil2criminal2 or investi0ative2 !ho is bein0 compelled to 0ive testimony that may be used a0ainst themin a subse:uent criminal case.;F -he privile0e a0ainst self%incrimination not only e8tends to ans!ersthat !ill2 in themselves support a conviction but li9e!ise2 embrace Dthose !hich !ould furnish alin9 in the chain of evidence to prosecute the claimant for a 1crime5.D ;" -he privile0e2 nevertheless2 isoperative and available only !here the compelled testimony or communication possesses a potentialfor incrimination. >or potential incrimination to e8ist2 there must be a sho!in0 that 1"5 there is athreat of criminal liability7 145 that such threat of criminal liability concerns the !itness himself7and 15 that such threat is real and appreciable and not ima0inary and unsubstantial. ;4 ,n ale0islative investi0ation2 a !itness cannot claim his ri0ht a0ainst self%incrimination in refusin0 toans!er before any :uestion is propounded on him. e must !ait until he is as9ed an incriminatory:uestion.;

' !itness can attempt to avoid ans!erin0 particular :uestions by claimin0 an infrin0ementof his freedom of speech2 or freedom of association2 belief2 or reli0ion. -o be meanin0ful2 freedomof speech and freedom of association must allo! citizens to e8press ideas2 even unpopular ones2 and

to ?oin associations2 even infamous ones2 !ithout fear of ultimate sanction for doin0 so. -o thee8tent that testifyin0 before a le0islative committee forces one to publicly reveal beliefs andassociations !hen disclosure can lead to bein0 blac9listed2 socially ostracized2 or losin0 oneEs ?ob2compellin0 such testimony infrin0es upon oneEs constitutional ri0hts. ' le0islative investi0ation maycreate !hat is called a Dchillin0 effectD on the e8ercise of these ri0hts.;;

' !itness can remain silent and ultimately avoid possible sanction for a contempt citation if he or she 1"5 ma9es a proper claim to the constitutional protection a0ainst self%incrimination2 145

$Miriam /efensor%Santia0o2 C+S-,-U-,+' 'G2 p. ";".3,bid2 p. <=.<ibid2 p. <=;.=supra note "# at p. " citin0 smena v. Pendatun2 "F# Phil. =3 1"#3F5#

supra note 4 at p. 33.;FManual on )uaranty a0ainst Self%incrimination2 Perfecto V. >ernandez2 UP a! Comple8 ,nstitute ofuman &i0hts% a! Center2 p. "" citin0 Counselman v. itchcoc92 ";4 US $;<2 "4 S Ct "#$2 $ *d"""F.;",bid2 p. 3 citin0 offman v. US2 ;" US ;<#2 <" S Ct ="32 #$ *d """=.;4,bid2 p. "# citin0 offman v. US2 supra..;Jacinto Jimenez2 supra note 4< at p. #F citin0 ,n re Petition of )raham2 "F; So 4d "32 "=.;;Po!er to ,nvesti0ate2 the Supreme Court and the 'llocation of Consitutional Po!er2 ,ntroductory*ssays and Selected Cases2 tis . Stephens and )re0ory J. &ath?en2 p. ";3 citin0 Barenblatt v. US2 3FUS "F#2 <# S Ct "F="2 4< US a! Gee9 ;33 1"#$#5.

P')* "$=




validly alle0es an infrin0ement of freedom of reli0ion2 speech2 or of the press and association and15 validly claims :uestions as9ed are not pertinent. ;$ o!ever2 it is apparent that but for a limitedand proper claim2 none of these options is free of a substantial ris9 that the !itness may be !ron0and have to suffer for the miscalculations. ,ndeed2 the le0islative po!er of in:uiry and the au8iliary po!er to compel testimony are limited in theory only2 but invariably unrestricted in practice.;3

-he "#=<2 as !ell as in the "#< Constitution directly conferred the po!er of investi0ation

upon con0ressional committees.;< -his is a si0nificant development since under the "#$Constitution2 the investi0atory po!ers of the committees !ere conferred by the le0islature. -here isa need for definin0 !ith Dsufficient particularityD the ?urisdiction and purpose of investi0atin0committees 1"5 as a !ay of insurin0 the responsible e8ercise of dele0ated po!er and 145 as a basisfor determinin0 the relevance of the :uestions as9ed. ;= -he scope of the po!ers of the committeemust2 therefore2 be delimited in order to enable the !itness to 9no! !hether the sub?ect of investi0ation is proper2 and2 ultimately !hether the :uestions as9ed are pertinent to the sub?ect of in:uiry.;# ,n delineatin0 this po!ers2 the follo!in0 propositions$F have been made6 1"5 the authorityof an investi0atin0 committee to act must be determined from the rule or resolution creatin0 it7 145 avalid le0islative purpose as distinct from a purpose merely of e8posure2 must be sho!n7 and 15 the!itness must be informed as to the pertinency of the particular :uestion in relation to the le0islative purpose.

AVAILA$ILIT O( BU'ICIAL REVIEW

'rt. V,,, Section " of the "#=< Constitution provides6

Judicial po!er includes the duty of the courts of ?ustice tosettle actual controversies involvin0 ri0hts !hich are le0allydemandable and enforceable and to determine !hether or not therehas been a 0rave abuse of discretion amountin0 to lac9 or e8cessof ?urisdiction on the part of any branch or instrumentality of the)overnment.

-he courts can revie! !hether or not the :uestions propounded to a !itness is relevant tothe sub?ect matter of le0islative investi0ation. Ghether the alle0ed immateriality of the informationsou0ht by the le0islative body from a !itness is relied upon to contest its ?urisdiction2 the court is induty bound to pass upon the contention.$"

Ghen a claim to the constitutional ri0ht a0ainst self%incrimination2 freedom of speech2 press2 reli0ion and association is asserted to bar 0overnmental interro0ation2 the resolution of theissue al!ays involves a balancin0 by the courts of the competin0 private and public interests atsta9e in the particular circumstances sho!n.$4

,t cannot be simply assumed2 ho!ever2 that every con0ressional investi0ation is ?ustified bya public need that over%balances any private ri0hts affected. -o do so is to abdicate theresponsibility placed by the Constitution upon the ?udiciary to insure that Con0ress does not

;$supra note at p. ";=.;3,bid.;<Bernas2 supra note "= at p. "4.;=supra note 4# at p. <"" citin0 Gat9ins v. US2 $; US "<=.;#,bid.$Fsupra note 4 at p. 33 citin0 Barenblatt v. US2 <# Sct "F="2 4< US a! Gee9 ;33 1"#$#5.$"supra note 3.$4supra note ;;.

P')* "$#




un?ustifiably encroach upon an individualEs ri0ht to privacy nor abrid0e his liberty of speech2 press2reli0ion or assembly.$ -he le0islative purpose served by the in:uiry !ill still have to be!ei0hed a0ainst the ri0ht of the !itness. e0islative purpose serves best2 not as a limitation on the po!er of investi0ation but rather2 as a counter!ei0ht to the interest in civil liberties.$; -o presumethat the purpose is la!ma9in0 !hen 2 in fact2 it is not is to place an undue !ei0ht on one side of thescale.$$ RAM"

uestion our 1'rt. V,2 Sec. 445 and e0islative ,nvesti0ation 1id.2 Sec. 4"5

a. 's to persons !ho may appear6

446 nly a department head4"6 'ny person

b. 's to !ho conducts the investi0ation

446 *ntire body4"6 Committees

c. 's to sub?ect%matter

446 Matters related to the department only4"6 'ny matter for the purpose of le0islation.

e. 'ct as Board of Canvassers for presidential and Vice Presidentialelections

'rt. V,,2 Sec. ;2 pars. ;2 et se1.

Art" VII4 *e%" :" 333T&e ret,rns o+ ever! ele%tion +or President and Vi%e President4 d,l! %erti+ied ! t&e

oard o+ %anvassers o+ ea%& provin%es or %it!4 s&all e trans2itted to t&e Congress4 dire%ted tot&e President o+ t&e *enate" Upon re%eipt o+ t&e %erti+i%ates o+ %anvass4 t&e President o+ t&e*enate s&all4 not later t&an t&irt! da!s a+ter t&e da! o+ ele%tion #% is t&e 7nd T,esda! o+ B,neD4 open all t&e %erti+i%ates in t&e presen%e o+ t&e *enate and .o,se o+ Representatives in <oint p,li% session4 and t&e Congress4 ,pon deter2ination o+ t&e a,t&enti%it! and d,ee3e%,tion t&ereo+ in t&e 2anner provided ! la#4 %anvass i"e"4 tall! t&e %erti+i%ates o+ %anvassDt&e votes"

T&e persons &aving t&e &ig&est n,2er o+ votes s&all e pro%lai2ed ele%ted4 ,t in%ase t#o or 2ore s&all &ave an e,al and &ig&est n,2er o+ votes tieD4 one o+ t&e2 s&all+ort&#it& e %&osen ! t&e vote o+ a 2a<orit! o+ all t&e 2e2ers o+ Congress4 votingseparatel!"

T&e Congress s&all pro2,lgate its r,les +or t&e %anvassing o+ t&e %erti+i%ates"

$Ben0zon v. Senate Blue &ibbon Committe2 4F SC&' <3<2 <=$.$;supra note F at p. <"#.$$,bid2 p. <4F.

P')* "3F




&' <"33 6 'n 'ct Providin0 for Synchronized +ational and ocal *lections and for *lectoral&eforms

*e%" 8=" Congress as the National 0oard of Can$assers for the 1lection of President and 2ice' President/ Determination of uthenticit# and Due 1xecution of Certificates of Can$ass&'' Congresss&all deter2ine t&e a,t&enti%it! and d,e e3e%,tion o+ t&e %erti+i%ates o+ %anvass +or President and

Vi%ePresident as a%%o2plis&ed and trans2itted to it ! t&e lo%al oards o+ %anvassers4 on as&o#ing t&at- 1D ea%& %erti+i%ate o+ %anvass #as e3e%,ted4 signed and t&,22ared ! t&e%&air2an and 2e2ers o+ t&e oard o+ %anvassers and trans2itted or %a,sed to e trans2itted toCongress ! t&e2H 7D ea%& %erti+i%ate o+ %anvass %ontains t&e na2es o+ all o+ t&e %andidates +orPresident and Vi%ePresident and t&eir %orresponding votes in #ords and in +ig,resH and 8D t&eree3ists no dis%repan%! in ot&er a,t&enti% %opies o+ t&e %erti+i%ate o+ %anvass or dis%repan%! in t&evotes o+ an! %andidate in #ords and +ig,res in t&e sa2e %erti+i%ate"

W&en t&e %erti+i%ate o+ %anvass4 d,l! %erti+ied ! t&e oard o+ %anvassers o+ ea%& provin%e4%it! or distri%t4 appears to e in%o2plete4 t&e *enate President s&all re,ire t&e oard o+ %anvassers%on%erned to trans2it ! personal deliver!4 t&e ele%tion ret,rns +ro2 polling pla%es t&at #ere notin%l,ded in t&e %erti+i%ate o+ %anvass and s,pporting state2ents" *aid ele%tion ret,rns s&all es,2itted ! personal deliver! #it&in t#o 7D da!s +ro2 re%eipt o+ noti%e"

W&en it appears t&at an! %erti+i%ate o+ %anvass or s,pporting state2ent o+ votes ! pre%in%tears eras,res or alterations #&i%& 2a! %ast do,t as to t&e vera%it! o+ t&e n,2er o+ votes statedt&erein and 2a! a++e%t t&e res,lt o+ t&e ele%tion4 ,pon re,est o+ t&e Presidential or Vi%ePresidential%andidate %on%erned or &is part!4 Congress s&all4 +or t&e sole p,rpose o+ veri+!ing t&e a%t,al n,2ero+ votes %ast +or President and Vi%ePresident4 %o,nt t&e votes as t&e! appear in t&e %opies o+ t&eele%tion ret,rns s,2itted to it"

f. Call a special election in case of vacancy in the offices of President andVice%President

Art" VII4 *e%" 1=" T&e Congress s&all4 at ten oK%lo% in t&e 2orning o+ t&e t&ird da!a+ter t&e va%an%! in t&e o++i%es o+ t&e President and Vi%ePresident o%%,rs4 %onvene in

a%%ordan%e #it& its r,les #it&o,t need o+ a %all and #it&in seven da!s ena%t a la# %alling +or aspe%ial ele%tion to ele%t a President and a Vi%ePresident to e &eld not earlier t&an +ort!+iveda!s nor later t&an si3t! da!s +ro2 t&e ti2e o+ s,%& %all" T&e ill %alling s,%& spe%ial ele%tions&all e dee2ed %erti+ied ,nder paragrap& 74 *e%tion 764 Arti%le VI o+ t&is Constit,tion ands&all e%o2e la# ,pon its approval on t&ird reading ! t&e Congress" Appropriations +or t&espe%ial ele%tion s&all e %&arged against an! %,rrent appropriations and s&all e e3e2pt +ro2t&e re,ire2ents o+ paragrap& :4 *e%tion 7;4 Arti%le VI o+ t&is Constit,tion" T&e %onvening o+ t&e Congress %annot e s,spended nor t&e spe%ial ele%tion postponed" )o spe%ial ele%tions&all e %alled i+ t&e va%an%! o%%,rs #it&in eig&teen 2ont&s e+ore t&e date o+ t&e ne3tpresidential ele%tion"

Ghen a vacancy occurs in the offices of the President and Vice%President2 more than "=

months before the date of the ne8t re0ular presidential election2 the Con0ress shall convene at "F'M of the rd day after the vacancy2 in accordance !ith its rules2 !ithout need of call. -heconvenin0 of Con0ress cannot be suspended.

Githin < days after it convenes2 it shall enact a la! callin0 for a special election to elect aPresident and Vice% President2 to be held bet!een ;$ to 3F days from the day of such call. -heholdin0 of the special election cannot be postponed.

P')* "3"




+ot later than F days after the election2 Con0ress shall a0ain act as Board of Canvassers1see infra52 since 'rt. V,,2 Sec. ; par. a tal9s of every election for President and Vice%President.

-hus2 the timetable is6

/ay F % vacancy occurs

/ay % Con0ress convenes !ithout need of call/ay "F % Con0ress passes the special election la!2 if it has not passed before this date/ay $$ to <F % election is held/ay =$ to "FF % as the case may be % canvassin0 by Con0ress2 if it has not done so earlier.

Under the Constitution then a vacancy is filled by the "FFth day from the vacancy at thelatest.

-he la! so passed is e8empted from the follo!in06

a5 Certification under V,2 432 par. 4. -hus2 the three readin0s can be done all on the sameday.

b5 'pproval by the President 1for obvious reasons5. -he bill automatically becomes a la!2then2 upon its approval on rd and final readin0.

c5 Certification by the +ational -reasurer of the availability of funds2 or revenue raisin0measure under 'rt. V,2 Sec. 4$1;5. 'ppropriations for the special election shall be char0ed a0ainstany current appropriations.

0. &evo9e or e8tend suspension of privile0e of habeas corpus or declaration of martial la!

Art" VII4 *e%" 1" T&e President s&all e t&e Co22anderinC&ie+ o+ all ar2ed +or%es

o+ t&e P&ilippines4 and #&enever it e%o2es ne%essar!4 &e 2a! %all o,t s,%& ar2ed +or%es toprevent or s,ppress la#less violen%e4 invasion or reellion" In %ase o+ invasion or reellion4#&en t&e p,li% sa+et! re,ires it4 &e 2a!4 +or a period not e3%eeding si3t! da!s4 s,spend t&eprivilege o+ t&e #rit o+ habeas corpus or pla%e t&e P&ilippines or an! part t&ereo+ ,nder2artial la#" Wit&in +ort!eig&t &o,rs +ro2 t&e pro%la2ation o+ 2artial la# or t&e s,spensiono+ t&e privilege o+ t&e #rit o+ habeas corpus4 t&e President s&all s,2it a report in person orin #riting to t&e Congress" T&e Congress4 voting <ointl!4 ! a vote o+ at least a 2a<orit! o+ allits Me2ers in reg,lar or spe%ial session4 2a! revoe s,%& pro%la2ation or s,spension4 #&i%&revo%ation s&all not e set aside ! t&e President" Upon t&e initiative o+ t&e President4 t&eCongress 2a!4 in t&e sa2e 2anner4 e3tend s,%& pro%la2ation or s,spension +or a period to edeter2ined ! t&e Congress4 i+ t&e invasion or reellion s&all persist and p,li% sa+et!re,ires it"

T&e Congress4 i+ not in session4 s&all #it&in t#ent!+o,r &o,rs +ollo#ing s,%&pro%la2ation or s,spension4 %onvene in a%%ordan%e #it& its r,les #it&o,t need o+ a %all"

T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled ! an! %iti5en4 t&es,++i%ien%! o+ t&e +a%t,al asis o+ t&e pro%la2ation o+ 2artial la# or t&e s,spension o+ t&eprivilege o+ t&e #rit or t&e e3tension t&ereo+4 and 2,st pro2,lgate its de%ision t&ereon #it&int&irt! da!s +ro2 its +iling"

A state o+ 2artial la# does not s,spend t&e operation o+ t&e Constit,tion4 nors,pplant t&e +,n%tioning o+ t&e %ivil %o,rts or legislative asse2lies4 nor a,t&ori5e t&e

P')* "34




%on+er2ent o+ <,risdi%tion on 2ilitar! %o,rts and agen%ies over %ivilians #&ere %ivil %o,rts areale to +,n%tion4 nor a,to2ati%all! s,spend t&e privilege o+ t&e #rit"



Ghen the President suspends the privile0e of the !rit or proclaims martial la! 1seediscussion2 infra52 then Con0ress shall convene !ithin 4; hours form the proclamation or suspension in accordance !ith its rules2 !ithout need of a call2 if it is not in session. -he Presidentshall then submit a report in person or in !ritin0 to Con0ress2 !ithin ;= hours from the proc%lamation or suspension.

By a ?oint ma?ority vote of all the members of both houses in a ?oint meetin02 the Con0resshas 4 possible courses of action6 "5 -o revo9e 1or disapprove5 the proclamation or suspension2 !hich revocation cannot beset aside 1vetoed5 by the President2 or

45 -o e8tend the proclamation after 3F days2 for a period to be determined by Con0ress2 if the causes persist.

,t must be noted that the Con0ress does not approve the proclamation or suspension2 buteither disapproves it or e8tends it2 because the proclamation or suspension is valid in itself for 3Fdays already2 and so does not re:uire the approval of Con0ress for its effectivity. Ghat it needs isthe e8tension that may be 0ranted by Con0ress beyond the 3F%day period !hen it e8pires2 !hiche8tension need not be for another 3F days only.

h. 'pprove Presidential 'mnesties

Art" VII4 *e%" 19" E3%ept in %ases o+ i2pea%&2ent4 or as ot&er#ise provided in t&is

Constit,tion4 t&e President 2a! grant reprieves4 %o22,tations4 and pardons4 and re2it +inesand +or+eit,res4 a+ter %onvi%tion ! +inal <,dg2ent"

.e s&all also &ave t&e po#er to grant a2nest! #it& t&e %on%,rren%e o+ a 2a<orit! o+ all t&e Me2ers o+ t&e Congress"

-he President has the po!er to 0rant amnesty !ith the concurrence of a ma?ority of all themembers of Con0ress.

i. Confirm certain appointments

1"5 'rt. V,,2 Sec. # 1By Con0ress5

Art" VII4 *e%" 9" W&enever t&ere is a va%an%! in t&e O++i%e o+ t&e Vi%ePresidentd,ring t&e ter2 +or #&i%& &e #as ele%ted4 t&e President s&all no2inate a Vi%ePresident +ro2a2ong t&e Me2ers o+ t&e *enate and t&e .o,se o+ Representatives #&o s&all ass,2e o++i%e,pon %on+ir2ation ! a 2a<orit! vote o+ all t&e Me2ers o+ ot& .o,ses o+ Congress4 votingseparatel!"

145 ,d.2 Sec. "3 1By the Commission on 'ppointments5

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Art" VII4 *e%" 16" T&e President s&all no2inate and4 #it& t&e %onsent o+ t&eCo22ission on Appoint2ents4 appoint t&e &eads o+ t&e e3e%,tive depart2ents4 a2assadors4ot&er p,li% 2inisters and %ons,ls4 or o++i%ers o+ t&e ar2ed +or%es +ro2 t&e ran o+ %olonel ornaval %aptain4 and ot&er o++i%ers #&ose appoint2ents are vested in &i2 in t&is Constit,tion".e s&all also appoint all ot&er o++i%ers o+ t&e 0overn2ent #&ose appoint2ents are notot&er#ise provided +or ! la#4 and t&ose #&o24 &e 2a! e a,t&ori5ed ! la# to appoint" T&e

Congress 2a!4 ! la#4 vest t&e appoint2ent o+ ot&er o++i%ers lo#er in ran in t&e Presidentalone4 in t&e %o,rts4 or in t&e &eads o+ depart2ents4 agen%ies4 %o22issions or oards"

T&e President s&all &ave t&e po#er to 2ae appoint2ents d,ring t&e re%ess o+ Congress4 #&et&er vol,ntar! or %o2p,lsor!4 ,t s,%& appoint2ent s&all e e++e%tive onl! ,ntildisapproval ! t&e Co22ission on Appoint2ents or ,ntil t&e ne3t ad<o,rn2ent o+ t&eCongress"

-he follo!in0 officers appointed by the President re:uire confirmation by the C'6

a. eads of departments 1V,,2 "35

b. 'mbassadors2 public ministers2 and consuls 1V,,2 "35

c. fficers of the '>P from the ran9 of colonel and naval captain 1V,,2 "35

d. Chairman and members of the Constitutional Commissions 1,H2 B2 C2 A /2 "L45

e. Members of the Judicial and Bar Council 1V,,,2 =L45

,n Sarmiento vs Mison2 "$3 SC&' $;#2 the Commissioner of Customs !as held not to besub?ect to confirmation2 bein0 of the ran9 of the bureau director2 !ho !as purposely deleted fromthe listin0 of those !hose appointments had to be approved by the Commission on 'ppointments.,t !as the clear and e8press intent of the framers of the Constitution to e8clude presidentialappointments from confirmation by the C'2 e8cept appointments to offices e8pressly mentioned in

'rt. V,,2 Sec. "3. -he po!er to appoint is already vested in the President2 !ithout need of confirmation by the C'.Sarmiento vs Mison2 "$3 SC&' $;#

>6 Petitioners brou0ht this suit for prohibition in their capacity as ta8payers2 members of the Bar and la! professors2 to en?oin respondent Commissioner of Customs from performin0 his functions on the0round that his appointment2 !@o confirmation by the C'2 is unconstitutional.

*/6 'rt. V,,2 Sec. "32 as or0inally proposed by the Committe on *8ecutive Po!er of the "#=3Con Com read6

Sec. "3. -he President shall nominate and2 !ith the consent of a Commission on 'ppointment2shall appoint the heads of e8ecutive departments and bureaus2 ambassadors2 other public ministers and

consuls2 or officers of the armed forces from the ran9 of colonel or naval captain and all other officers of the )overnment !hose appointments are not other!ise provided for by la!2 and those !hom he may beauthorized by la! to appoint. -he Con0ress may by la! vest the appointment of inferior officers in thePresident alone2 in the courts2 or in the heads of departments.

o!ever2 on motion of Comm. >oz2 4 chan0es !ere approved in the te8t of the provision.-he first !as to delete the phrase Dand bureaus2D and the second !as to place a period 1.5 after the!ord DcaptainD and substitute the phrase Dand allD !@ the phrase D* S' 'S 'PP,+-'+Y.D -he first amendment !as intended to e8empt the appointment of bureau directors from the

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re:uirement of confirmation on the 0round that this position is lo! and to re:uire confirmation!ould sub?ect bureau directors to political influence. n the other hand2 the 4nd amendment !asintended to sub?ect to confirmation only those mentioned in the frist sentence2 namely6

-he heads of the e8ec. depts2 ambassadors2 other public ministers and consuls2 officers of the armed forces from the ran9 of colonel or naval captain2 and other officers !hose appointmentsare vested in him in the Consti2 i.e.2

1"5 &e0ular members of the Judicial and Bar Council L'rt. V,,,2 Sec. =145145 Chairman and Commissioners of the Civil Service Commission L'rt. ,H%B2 Sec. "

145715 Chairman and Commissioners of the CM**C L'rt. ,H%C2 Sec. " 14571;5 Chairman and Commissioners of the C' L'rt. ,H%/2 Sec. " 14571$5 Members of the re0ional consultative commission 1'rt. H2 Sec. "=.5

-he rest of the appointments mentioned in sec. "3 are not sub?ect to confirmation. -heseare6 1"5 all other officers of the )ovt !hose appointments are not other!ise provided for by la!7145 those !hom the Pres. may be authorized by la! to appoint7 and 15 officers lo!er in ran9 !hose appointments Con0ress may by la! vest in the Pres. alone.

888. VV"

?. Concur in -reaties

Art" VII4 *e%" 71" )o treat! or international agree2ent s&all e valid and e++e%tive,nless %on%,rred in ! at least t#ot&irds o+ all t&e 2e2ers o+ t&e *enate"

-his is true2 althou0h it is the President !ho is the chief spo9esman in forei0n relations.*8ecutive a0reements do not need concurrence.

9. /eclaration of !ar and dele0ation of emer0ency po!ers

Art" VI4 *e%" 78" 1D T&e Congress4 ! a vote o+ t#ot&irds o+ ot& .o,ses in <ointsessions asse2led4 voting separatel!4 s&all &ave t&e sole po#er to de%lare t&e e3isten%e o+ astate o+ #ar"

7D In ti2es o+ #ar or ot&er national e2ergen%!4 t&e Congress 2a!4 ! la#4 a,t&ori5et&e President4 +or a li2ited period and s,<e%t to s,%& restri%tions as it 2a! pres%rie4 toe3er%ise po#ers ne%essar! and proper to %arr! o,t a de%lared national poli%!" Unless sooner#it&dra#n ! resol,tion o+ t&e Congress4 s,%& po#ers s&all %ease ,pon t&e ne3t ad<o,rn2entt&ereo+"

-he Con0ress2 by a vote of 4@ of both houses in ?oint session assembled but votin0separately shall have the sole po!er to declare the e8istence of a state of !ar. L'rt. V,2 Sec. 41"5

,n times of !ar or other national emer0ency2 the Con0ress may authorize the President2 for a limited period and sub?ect such restrictions as the la! may prescribe2 to e8ercise po!ersnecessary and proper to carry out a declared national policy. Such po!ers shall cease upon thene8t ad?ournment of Con0ress2 unless sooner !ithdra!n by its resolution. L'rt. V,2 Sec. 4145.

'lthou0h the tour of duty of the Chief of Staff of the '>P should not e8ceed years2 thePresident may e8tend such tour of duty in times of !ar or other national emer0ency declared byCon0ress. L'rt. HV,2 Sec. $1<5.

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l. Be ?ud0e of the PresidentEs physical fitness

Art" VII4 *e%" 114 par" :" I+ t&e Congress4 #it&in ten da!s a+ter re%eipt o+ t&e last#ritten de%laration4 or i+ not in session4 #it&in t#elve da!s a+ter it is re,ired to asse2le4

deter2ines ! a t#ot&irds vote o+ ot& .o,ses4 voting separatel!4 t&at t&e President is ,naleto dis%&arge t&e po#ers and d,ties o+ &is o++i%e4 t&e Vi%ePresident s&all a%t as PresidentHot&er#ise4 t&e President s&all %ontin,e e3er%ising t&e po#ers and d,ties o+ &is o++i%e"

-here are !ays in !hich the President may be declared unable to dischar0e his functionsunder this article6

1"5 Upon his o!n !ritten declaration145 Upon the first !ritten declaration by ma?ority of his Cabinet15 Upon determination by Con0ress by 4@ vote of all its members votin0 separately2

actin0 on the 4nd !ritten declaration by the CabinetGhen the President himself transmits to the Senate President and Spea9er of the ouse his

!ritten declaration that he is unable to dischar0e the po!ers and duties of his office2 there is no problem. -he Vice%President shall dischar0e such po!ers and duties as 'ctin0 President2 until thePresident transmit to the Senate President and Spea9er a !ritten declaration that he is no lon0er unable to dischar0e his po!ers and duties.

-he problem arises !hen a ma?ority of all members of Cabinet transmit to the SenatePresident and Spea9er their !ritten declaration that the President is unable to dischar0e his office.Upon such transmittal2 the Vice%President shall DimmediatelyD assume the office as 'ctin0President.

-he President can contest this by transmittin0 to the Senate President and Spea9er his!ritten declaration that no inability e8ists. Upon such transmittal2 he shall reassume his office.

But if the ma?ority of all the members of the Cabinet really believe other!ise2 they cancontest this Ddeclaration of non% inabilityD by a0ain sendin0 a second !ritten declaration to theSenate President and Spea9er2 !ithin $ days from the time the President transmitted his !rittendeclaration of non%inability.

,t is this second cabinet !ritten Ddeclaration of inabilityD that brin0s in the Con0ress as ?ud0e of the PresidentEs ability to dischar0e his office.

1-he Vice%President in this second instance does not act as President6 the President havin0spo9en as a0ainst his Cabinet2 his declaration entitles him to stay until Con0ress says other!ise.But if the Cabinet submits the declaration more than $ days after the President reassumes office2this may be vie!ed as a ne! declaration2 and so the Vice%President can immediately act asPresident.5

Con0ress must convene 1a5 !ithin "F days after receipt of the 4nd !ritten declaration bythe Cabinet2 if it is in session2 or 1b5 !ithin "4 days after it is re:uired to assemble by its respective presidin0 officer2 if it is not in session.

,n a ?oint session2 the Con0ress shall decide the PresidentEs ability. -!o%thirds vote by eachhouse2 votin0 separately2 is re:uired to declare the PresidentEs inability. ,n other !ords2 if 4@ of

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each house vote that the President must step do!n2 the Vice%President shall act as President. But if less than 4@ of each ouse vote that the President is unable2 the President shall continue in office.

m. Po!er of ,mpeachment

1"5 Gho are sub?ect to impeachment 'rt. H,2 Sec. 4

Art" >I4 *e%" 7" T&e President4 t&e Vi%ePresident4 t&e Me2ers o+ t&e *,pre2eCo,rt4 t&e Me2ers o+ t&e Constit,tional Co22issions4 and t&e O2,ds2an 2a! ere2oved +ro2 o++i%e4 on i2pea%&2ent +or4 and %onvi%tion o+4 %,lpale violation o+ t&eConstit,tion4 treason4 rier!4 gra+t and %orr,ption4 ot&er &ig& %ri2es4 or etra!al or p,li%tr,st" All ot&er p,li% o++i%ers and e2plo!ees 2a! e re2oved +ro2 o++i%e as provided ! la#4,t not ! i2pea%&2ent"

a. President

b. Vice%President

c. Justices of the Supreme Court

d. Members of the Constitutional Commissions

e. mbudsman

145 )rounds for impeachment

Art" >I4 *e%" 74 s,pra"

a5 Culpable violation of the Constitution

b5 -reason 1&PC5

c5 Bribery 1&' F"#5

d5 )raft and corruption 1&' F"#5

e5 ther hi0h crimes

f5 Betrayal of public trust

imitation6 +o impeachment proceedin0s shall be initiated a0ainst the same official more thanonce !ithin a period of one year. L'rt. H,2 Sec. 1$5

>orum6 -he ouse of &epresentatives shall have the e8clusive po!er to initiate all cases of impeachment. L'rt. H,2 Sec. 1"5

15 Procedure for impeachment

'rt. H,2 Sec. 1"5%135

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Art" >I4 *e%" 8" 1D T&e .o,se o+ Representatives s&all &ave t&e e3%l,sive po#er toinitiate all %ases o+ i2pea%&2ent"

7D A veri+ied %o2plaint +or i2pea%&2ent 2a! e +iled ! an! Me2er o+ t&e .o,seo+ Representatives or ! an! %iti5en ,pon resol,tion o+ endorse2ent ! an! Me2er t&ereo+4#&i%& s&all e in%l,ded in t&e Order o+ $,siness #it&in ten session da!s4 and re+erred to t&eproper Co22ittee #it&in t&ree session da!s t&erea+ter" T&e Co22ittee4 a+ter &earing4 and !

a 2a<orit! vote o+ all its Me2ers4 s&all s,2it its report to t&e .o,se #it&in si3t! sessionda!s +ro2 s,%& re+erral4 toget&er #it& t&e %orresponding resol,tion" T&e resol,tion s&all e%alendared +or %onsideration ! t&e .o,se #it&in ten session da!s +ro2 re%eipt t&ereo+"

8D A vote o+ at least onet&ird o+ all t&e Me2ers o+ t&e .o,se s&all e ne%essar!eit&er to a++ir2 a +avorale resol,tion #it& t&e Arti%les o+ I2pea%&2ent o+ t&e Co22ittee4 oroverride its %ontrar! resol,tion" T&e vote o+ ea%& Me2er s&all e re%orded"

:D In %ase t&e veri+ied %o2plaint or resol,tion o+ i2pea%&2ent is +iled ! at least onet&ird o+ all t&e Me2ers o+ t&e .o,se4 t&e sa2e s&all %onstit,te t&e Arti%les o+ I2pea%&2ent4and trial ! t&e *enate s&all +ort&#it& pro%eed"

;D )o i2pea%&2ent pro%eedings s&all e initiated against t&e sa2e o++i%ial 2ore t&anon%e #it&in a period o+ one !ear"

6D T&e *enate s&all &ave t&e sole po#er to tr! and de%ide all %ases o+ i2pea%&2ent"W&en sitting +or t&at p,rpose4 t&e *enators s&all e on oat& or a++ir2ation" W&en t&ePresident o+ t&e P&ilippines is on trial4 t&e C&ie+ B,sti%e o+ t&e *,pre2e Co,rt s&all preside4,t s&all not vote" )o person s&all e %onvi%ted #it&o,t t&e %on%,rren%e o+ t#ot&irds o+ allt&e Me2ers o+ t&e *enate"

'5 ,nitiation sta0e

"5 ,f initiated by less than "@ LSecs. 145%1;5

1a5 ' verified complaint for impeachment is filed !ith the ouse of &epresentative by 6 1i5a member of the ouse of &epresentatives2 or 1ii5 any citizen upon a resolution of endorsement byany member of the ouse.

1b5 -he complaint must be included in the rder of Business !ithin "F session days uponreceipt thereof. 1the purpose is to prohibit any delay5

1c5 +ot later than session days after2 includin0 the complaint in the rder of Business2 itmust be referred 1by the Spea9er5 to the proper committee 1usually2 the Committee on Justice andrder5.

1d5 -he Committee has 3F session days from receipt of the referral to conduct hearin0s 1tosee if there is probable cause52 to vote by an absolute ma?ority2 and to submit report and itsresolution to the ouse.

1e5 -he resolution shall be calendared for consideration and 0eneral discussion by theouse !ithin "F session days from receipt thereof.

1f5 'fter the discussion2 a vote is ta9en2 !ith the vote of each member recorded. ' vote of at least "@ of all the members of the ouse is needed to Daffirm a favorable resolution !ith the'rticles of ,mpeachment of the Committee2 or to override its contrary resolution.D

,f the Committee made a favorable recommendation 1i.e.2 it recommended that thecomplaint be sent over to the Senate52 "@ of all the members are needed to approve suchrecommendation.

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,f the Committee made a contrary recommendation 1i.e.2 it recommended the dismissal of the complaint52 "@ of all the members are needed to disapprove or override this report.

,n other !ords2 so lon0 as "@ of the lo!er house votes to proceed !ith the trial2 then thecase !ould be sent to the Senate2 re0ardless of the committee recommendation2 and re0ardless of

the number !ho vote 1!hich2 could even be as hi0h as 33Q of the entire ouse52 that it should not be sent to the Senate for trial.

-he reason is that the initiation sta0e does not determine the 0uilt or innocence of theofficer bein0 impeached. ,t merely determines !hether there is a prima facie case a0ainst theofficer that merits a full blo!n trial in the Senate.

,t is similar to a preliminary investi0ation. ,ts analo0y in US Constitutional a! is thevote of ; ?ustices of the US Supreme Court on !hether to 0ive due course to a petition for certiorari. nce the ; ?ustices believe that the petition is on its face meritorious2 the Court must0ive due course to it2 even if $ believe that it should not hear the case. 'ny!ay2 the 0rant of duecourse does not mean a favorable ?ud0ment in the end.

-he case of &omulo v Yni0uez2 supra2 served as the precursor of the present provision onimpeachment. Under the "#< Constitution2 the only provision on the initiation sta0e of impeachment !as6 Dupon the filin0 of a verified complaint2 the +ational 'ssembly may initiateimpeachment by a vote of at least "@ of all its members.D -he silence of the Constitution on the procedure to be follo!ed enabled the Batasan to adopt a rule that !ould allo! a mere committeeof the Batasan to 9ill the complaint for impeachment by merely shelvin0 it into the archives. 'ndthe dilemma in &omulo v Yni0uez !as the political nature of the decision to shelve the case. >or althou0h the le0ality of the rules of procedure on impeachment is a ?usticiable or le0al :uestion2and thus sub?ect to ?udicial revie!2 to :uestion this in court2 and satisfy the re:uirements of ?udicialrevie! 1li9e an in?ury52 one must resort to mandamus to retrieve the case from the archives. Butho! can one mandamus the Spea9erK -hus2 even if &omulo !as raisin0 a le0al :uestion2 the courthad to consider the :uestion as a political one because it could not order the Spea9er2 a coe:ual2 to

retrieve the case they shelved2 a decision made by the le0islature in a matter !ithin its competence.

-he factual situation could no lon0er arise under the present Constitution since theCommittee must report the case to the floor2 re0ardless of its recommendation. ,t cannot no! D9illDthe bill on its o!n volition. 'nd since there is a clear rule of procedure2 any other proceduresimilar to that adopted by the Batasan !ould no! be revie!able by the Courts a0ainst aconstitutional standard2 in the same !ay la!s passed by Con0ress can be measured a0ainst theconstitutional norm.

45 ,f initiated by "@ L'rt. H,2 Sec. 1;5,f the verified complaint or resolution of impeachment is filed by at least "@ of all the

members of the ouse2 the same shall constitute the 'rticles of ,mpeachment2 and trial by theSenate shall forth!ith proceed.

-his means that the entire process is cut short. -here is no need for a Committee reportand discussion anymore2 since the end result is that "@ of the members of the ouse have decidedto send the case for trial.

B5 -rial Sta0e

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a5 -he 'rticles of ,mpeachment of the Committee is for!arded to the Senate2 !hich has thesole po!er to try and decide all cases of impeachment2 for trial.

b5 Ghen sittin0 for the purpose of tryin0 an impeachment case2 the Senators shall be onoath or affirmation.

c5 's a 0eneral rule2 the President of the Senate presides over an impeachment trial. But

!hen it is the President of the Philippines !ho is on trial2 the Chief Justice of the Supreme Courtshall be the presidin0 officer2 but he shall not vote.

d5 -o carry out a conviction2 the vote of 4@ of all the members of the Senate 1"3Senators5 is re:uired. ,f less than 4@ vote that the officer is 0uilty2 the effect is ac:uittal.

e5 -he ?ud0ment of the Senate 1li9e the ?ud0ment of the ouse on !hether to initiate5 is a political :uestion that cannot be revie!ed by the court 1&omulo v Yni0uez5. 1Unli9e a la! that can be revie!ed by the courts because of the e8istence of constitutional standards2 this ?ud0mentcannot be revie!ed2 for the Constitution itself has 0ranted the discretion to this co%e:ual branch toappreciate the case as presented.5

1;5 Conse:uences of ,mpeachment

Art" >I4 *e%" 8 ?D B,dg2ent in %ases o+ i2pea%&2ent s&all not e3tend +,rt&er t&anre2oval +ro2 o++i%e and dis,ali+i%ation to &old an! o++i%e ,nder t&e Rep,li% o+ t&eP&ilippines4 ,t t&e part! %onvi%ted s&all nevert&eless e liale and s,<e%t to prose%,tion4trial4 and p,nis&2ent a%%ording to la#"

,n case of ac:uittal

-he President continues in office2 because pendin0 the impeachment trial2 he remains inoffice.

'c:uittal does not only mean the dismissal of the impeachment case2 but also a bar fromany criminal action on the same offense that may be filed later on. 1VV5

,n case of conviction L'rt. H,2 Sec. 1<5

Jud0ment in cases of impeachment shall not e8tend further than 1i5 removal from office and1ii5 dis:ualification to hold any office under &P.

But a person convicted shall nevertheless be liable and sub?ect to prosecution2 trial2 and punishment accordin0 to la! 1&PC2 'nti%)raft and Corrupt Practices 'ct2 and other penal la!s5.

1-he courts cannot revie! the ?ud0ment on the impeachment case2 and ultimately theremoval from office and the dis:ualification2 because these are political :uestions. But it canrevie! the ?ud0ment in the criminal case.5

1$5 Must impeachment precede filin0 of criminal caseK

,n ecaroz vs Sandi0anbayan2 "4= SC&' 4;2 the SC said that the broad po!er of theConstitution vests the respondent court !ith ?urisdiction over public officers and employees2

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includin0 those in )Cs. -here are e8ceptions2 ho!ever2 li9e the constitutional officers2 particularly those declared to be removable by impeachment. ,n their case2 the Constitution proscribes removal from office by any other method7 other!ise2 to allo! a public officer !ho may be removed solely by impeachment to be char0ed criminally !hile holdin0 his office !ith an offensethat carries the penalty of removal from office2 !ould be violative of the clear mandate of thefundamental la!. Jud0ment in cases of impeachment shall be limited to removal from office and

dis:ualification to hold any office of honor2 trust or profit under the &epublic of the Philippines2 but the party convicted shall nevertheless be liable and sub?ect to prosecution trial2 and punishment2 in accordance !ith la!. -he effect of impeachment is limited to the loss of positionand dis:ualification to hold any office of honor2 trust or profit under the &epublic of thePhilippines. -he party thus convicted may be proceeded a0ainst2 tried and thereafter punished inaccordance !ith la!. -he clear implication is2 the part" convicted in the impeachment proceeding shall nevertheless be liable and sub5ect to prosecution( trial and punishment according to lawBand that if the same does not result in conviction and the official is not thereb" removed( the filing of a criminal action in accordance with law ma" not prosper.

Constitutional officers are not entitled to immunity from liability for possible criminal acts.But there is a fundamental procedural re:uirement that must be observed before such liability may be determined and enforced. -hey must first be removed from office via the constitutional route of impeachment 1'rt. H,2 Secs. 4 and 5. Should they be impeached2 they may then be held to ans!er either criminally or administratively for any !ron0 or misbehavior that may be proven a0ainstthem in appropriate proceedin0s. -herefore a fiscal or prosecutin0 officer should forth!ith andmotu proprio dismiss any char0es brou0ht a0ainst constitutional officers. -he remedy of a person!ith a le0itimate 0rievance is to file impeachment proceedin0s.

n. Po!er !ith re0ard to the utilization of natural resources

Art" >II4 *e%" 7" All lands o+ t&e p,li% do2ain4 #aters4 2inerals4 %oal4 petrole,24

and ot&er 2ineral oils4 all +or%es o+ potential energ!4 +is&eries4 +orests or ti2er4 #ildli+e4 +loraand +a,na4 and ot&er nat,ral reso,r%es are o#ned ! t&e *tate" Wit& t&e e3%eption o+ agri%,lt,ral lands4 all ot&er nat,ral reso,r%es s&all not e alienated" T&e e3ploration4develop2ent4 and ,tili5ation o+ nat,ral reso,r%es s&all e ,nder t&e +,ll %ontrol ands,pervision o+ t&e *tate" T&e *tate 2a! dire%tl! ,ndertae s,%& a%tivities4 or it 2a! enter into%oprod,%tion4 <oint vent,re4 or prod,%tions&aring agree2ents #it& (ilipino %iti5ens or%orporations or asso%iations at least si3t! per centum o+ #&ose %apital is o#ned ! s,%&%iti5ens" *,%& agree2ent 2a! e +or a period not e3%eeding t#ent!+ive !ears4 rene#ale +ornot 2ore t&an t#ent!+ive !ears4 and ,nder s,%& ter2s and %onditions as 2a! e provided !la#" In %ases o+ #ater rig&ts +or irrigation4 #ater s,ppl!4 +is&eries4 or ind,strial ,ses ot&ert&an t&e develop2ent o+ #ater po#er4 ene+i%ial ,se 2a! e t&e 2eas,re and li2it o+ t&egrant"

T&e *tate s&all prote%t t&e nationKs 2arine #ealt& in its ar%&ipelagi% #aters4territorial sea4 and e3%l,sive e%ono2i% 5one4 and reserve its ,se and en<o!2ent e3%l,sivel! to(ilipino %iti5ens"

T&e Congress 2a!4 ! la#4 allo# s2alls%ale ,tili5ation o+ nat,ral reso,r%es !(ilipino %iti5ens4 as #ell as %ooperative +is& +ar2ing4 #it& priorit! to s,sisten%e +is&er2enand +is&#orers in rivers4 laes4 a!s4 and lagoons"

T&e President 2a! enter into agree2ents #it& +oreigno#ned %orporations involvingeit&er te%&ni%al or +inan%ial assistan%e +or larges%ale e3ploration4 develop2ent4 and ,tili5ationo+ 2inerals4 petrole,24 and ot&er 2ineral oils a%%ording to t&e general ter2s and %onditions

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provided ! la#4 ased on real %ontri,tions to t&e e%ono2i% gro#t& and general #el+are o+ t&e %o,ntr!" In s,%& agree2ents4 t&e *tate s&all pro2ote t&e develop2ent and ,se o+ lo%als%ienti+i% and te%&ni%al reso,r%es"

T&e President s&all noti+! t&e Congress o+ ever! %ontra%t entered into in a%%ordan%e#it& t&is provision4 #it&in t&irt! da!s +ro2 its e3e%,tion"

-he President may enter into a0reements !ith forei0n%o!ned corporations involvin0 either technical or financial assistance for lar0e%scale e8ploration2 development2 and utilization of minerals2 petroleum2 and other mineral oils accordin0 to the 0eneral terms and conditions provided by la!... -he President shall notify the Con0ress of every contract entered into in accordance !iththis provision2 !ithin F days from its e8ecution. 1'rt. H,,2 Sec. 42 pars. ; A $5.

o. 'mendment of the Constitution

Art" >VII4 *e%" 1" An! a2end2ent to4 or revision o+4 t&is Constit,tion 2a! e

proposed !-1D T&e Congress4 ,pon a vote o+ t&ree+o,rt&s o+ all its Me2ersH or7D A %onstit,tional %onvention"

*e%" 7" A2end2ents to t&is Constit,tion 2a! lie#ise e dire%tl! proposed ! t&epeople t&ro,g& initiative ,pon a petition o+ at least t#elve per centum o+ t&e total n,2er o+ registered voters o+ #&i%& ever! legislative distri%t 2,st e represented ! at least t&ree per centum o+ t&e registered votes t&erein" )o a2end2ent ,nder t&is se%tion s&all e a,t&orised#it&in +ive !ears +ollo#ing t&e rati+i%ation o+ t&is Constit,tion nor o+tener t&an on%e ever! +ive!ears t&erea+ter"

T&e Congress s&all provide +or t&e i2ple2entation o+ t&e e3er%ise o+ t&is rig&t"

*e%" 8" T&e Congress 2a!4 ! a vote o+ t#ot&irds o+ all its Me2ers4 %all a

%onstit,tional %onvetion4 or ! a 2a<orit! vote o+ all its Me2ers4 s,2it to t&e ele%torate t&e,estion o+ %alling s,%& a %onvention"

*e%" :" An! a2end2ent to4 or revision o+ t&is Constit,tion ,nder *e%tion 1 &ereo+ s&all e valid #&en rati+ied ! a 2a<orit! o+ t&e votes %ast in a pleis%ite #&i%& s&all e &eldnot earlier t&an si3t! da!s nor later t&an ninet! da!s a+ter t&e approval o+ s,%& a2end2ent orrevision"

An! a2end2ent ,nder *e%tion 7 &ereo+ s&all e valid #&en rati+ied ! a 2a<orit! o+ t&e votes %ast in a pleis%ite #&i%& s&all e &eld not earlier t&an si3t! da!s nor later t&anninet! da!s a+ter t&e %erti+i%ation ! t&e Co22ission on Ele%tions o+ t&e s,++i%ien%! o+ t&epetition"

Constit,ent Po#er 1'rt. HV,,2 Secs. " and 45

-he constituent po!er2 or the po!er to amend or revise the Constitution2 is different fromthe la!%ma9in0 po!er of Con0ress2 said the SC in )onzales v Comelec2 infra.

'mendment or revision of the Constitution may be proposed in !ays6

". By Con0ress actin0 as a constituent body 1HV,,2 "5

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' vote of @; of all its members is re:uired.

4. By a constitutional convention 1HV,,2 "5

a5 Con0ress calls a Con Con by a vote of 4@ of all its members2 or

b5 Con0ress submits to the electorate the :uestion of callin0 such convention2 byan absolute ma?ority vote.

. By the people 1'rt. HV,,2 Sec. 45

-hrou0h initiative upon petition by "4Q of all re0istered voters2 of !hichever le0islativedistrict is represented by at least Q of its re0istered voters. But this cannot be resorted to 1i5!ithin $ years from >ebruary 42 "#=<2 nor 1ii5 more often than once every five years.

'ny amendment or revision shall be valid !hen ratified by a ma?ority of the votes cast in a plebiscite to be held bet!een 3o to #F days from2 the approval of the amendment or revision in thecase of Con0ress or the Con Con2 or the certification by CM**C of the sufficiency of the petition in the case of the people.

Compared !ith the "#$ Constitution 6

"#$ Constitution2 'rt. HV

Art" >V4 *e%" 1" T&e Congress in <oint session asse2led4 ! a vote o+ t&ree+o,rt&s o+ all t&e Me2ers o+ t&e *enate and o+ t&e .o,se o+ Representatives voting separatel!4 2a!propose a2end2ents to t&is Constit,tion or %all a %onvention +or t&e p,rpose" *,%&a2end2ents s&all e valid as part o+ t&is Constit,tion #&en approved ! a 2a<orit! o+ t&evotes %ast at an ele%tion at #&i%& t&e a2end2ents are s,2itted to t&e people +or t&eirrati+i%ation"

=. e0islative Process

a. &e:uirements as to bills

1"5 's to titles of bills

Art" VI4 *e%" 76" 1D Ever! ill passed ! t&e Congress s&all e2ra%e onl! one s,<e%t#&i%& s&all e e3pressed in t&e title t&ereo+"

-itle of bills

-he purpose is to prevent Dlo0%rollin0D or the smu00lin0 in of DridersD2 that is2 items thatare unrelated to the bill itself and !ould not have been passed had they not been snea9ed into the bill.

Cruz6 -he purposes of this rule are61"5 -o prevent hod0epod0e or lo0%rollin0 le0islation. -his is defined as Dany act

containin0 several sub?ects dealin0 !ith unrelated matters representin0 diverse interests2 the main

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ob?ect of such combination bein0 to unite the members of the le0islature !ho favor any one of thesub?ects in support of the !hole act.D

145 -o prevent surprise or fraud upon the le0islature.15 -o fairly apprise the people2 throu0h such publications of its proceedin0s as are

usually made2 of the sub?ects of le0islation that are bein0 considered in order that they may haveopportunity of bein0 heard thereon2 by petition or other!ise2 if they should so desire.

888But the title need not be a complete catalo0ue of a bill. 888,n any case2 a title must not be Dso uncertain that the avera0e person readin0 it !ould not

be informed of the purpose of the enactment or put on in:uiry as to its contents2 or !@c ismisleadin02 either in referrin0 to or indicatin0 one sub?ect !here another or different one is reallyembraced in the act2 or in omittin0 any e8pression or indication of the real sub?ect or scope of theact.D

-he title could be specific 1 ' bill to create the municipality of Ba0oda5 or as broad 1CivilCode5.

Ghich should control2 the title or the te8t of the statuteK

,n Cruz v Paras2 infra. the SC referred to the title of the bill to fi8 the meanin0 of the te8tor the substantive portion of the bill. -he title provided for the Dre0ulationD of ni0htclubs and other places for entertainment2 !hile the te8t2 as amended2 0ave local 0overnments the authority toDprohibitD these places alto0ether. -he Court ruled that Bocaue2 could not2 under this la!2 prohibitthese places but only re0ulate them2 first because the title was controlling over the te-t 1VV6 theCourt stood the principle on its head52 and second2 because the ni0htclubs !ere not nuisances per se that could be summarily evicted. -o construe the amendatory act as 0rantin0 municipalcorporations the po!er to prohibit the operation of ni0htclubs !ould be to construe it in a !ay thatit violates the constitutional provision that Devery bill shall embrace only one sub?ect !hich shall bee8pressed in the title thereof.D

Cruz v. Paras2 "4 SC&' $3# 1"#=5

>6 -he petitioners are operators or ni0htclubs in Bocaue2 Bulacan. they filed prohibition suits tostop the Mun. of Bocaue from enforcin0 an ordinance prohibitin0 the operation of ni0htclubs2 cabarets2and dance halls in that mun. or the rene!al of licenses to operate them. -he C>, upheld the validity of the ordinance and dismissed the petition. ence2 this petition for certiorari.

*/6 ' mun. corp. cannot prohibit the operation of ni0htclubs. +i0htclubs may be re0ulated but not prevented from carryin0 on their business. &' #=2 as or0inally enacted2 0rantedmunicipalities the po!er to re0ulate the establishment2 maintenance and operation of ni0htclubsand the li9e. Ghile it is true that n $@4"@$;2 the la! !as ameded by &' #<# !@c purported to0ive municipalities the po!er not only to re0ulate but li9e!ise to prohibit the operation of ni0htclubs2 the fact is that the title of the la! remained the same so that the po!er 0ranted to

municipalities remains that of re0ulation2 not prohibition. -o construe the amendatory act as0rantin0 mun. corporations the po!er to prohibit the operation of ni0htclubs !ould be to construeit in a !ay that it violates the constitutional provision that Devery bill shall embrace only onesub?ect !hich shall be e8pressed in the title thereof.D Moreover2 the recentyly%enacted )C 1BP<5 spea9s simply of the po!er to re0ulate the establishment2 and operation of billiard pools2theatrical performances2 circuses and other forms of entertainment. Certiorari 0ranted. VV"

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145 &e:uirements as to certain la!s

1a5 'ppropriation la!s

Art" VII4 *e%" 77" T&e President s&all s,2it to t&e Congress #it&in t&irt! da!s +ro2t&e opening o+ ever! reg,lar session4 as t&e asis o+ t&e general appropriations ill4 a ,dget

o+ e3pendit,res and so,r%es o+ +inan%ing4 in%l,ding re%eipts +ro2 e3isting and proposedreven,e 2eas,res"

'rt. V,2 Secs. 4;%4$

Art" VI4 *e%" 7:" All appropriations4 reven,e or tari++ ills4 ills a,t&ori5ing in%reaseo+ t&e p,li% det4 ills o+ lo%al appli%ation4 and private ills s&all originate e3%l,sivel! in t&e.o,se o+ Representatives4 ,t t&e *enate 2a! propose or %on%,r #it& a2end2ents"

Cruz6 -he above%mentioned bills are supposed to be initiated by the ouse or &epresentatives bec.it is more numerous in membership and therefore also more representative of the people.Moreover2 its members are presumed to be more familiar !@ the needs of the country in re0ard tothe enactment of the le0islation involved.

888'n appropriation bill is one the primary and specific purpose of !@c is to authorize the

release of funds from the public treasury.' revenue bill is one that levies ta8es and raises funds for the 0ovt2 !hile a tariff bill

specifies the rates or duties to be imposed on imported articles.' bill increasing the public debt is illustrated by one floatin0 bonds for public

subscription redeemable after a certain period.' bill of local application is one involvin0 purely local or municipal matters2 li9e a charter

of a city. Private bills are illustrated by a bill 0rantin0 honorary citizenship to a distin0uished

forei0ner.

Art" VI4 *e%" 7;" 1D T&e Congress 2a! not in%rease t&e appropriation re%o22ended! t&e President +or t&e operation o+ t&e 0overn2ent as spe%i+ied in t&e ,dget" T&e +or24%ontent4 and 2anner o+ preparation o+ t&e ,dget s&all e pres%ried ! la#"

7D )o provision or ena%t2ent s&all e e2ra%ed in t&e general appropriations ill,nless it relates spe%i+i%all! to so2e parti%,lar appropriations t&erein" An! s,%& provision orena%t2ent s&all e li2ited in its operation to t&e appropriation to #&i%& it relates"

8D T&e pro%ed,re in approving appropriations +or t&e Congress s&all stri%tl! +ollo#t&e pro%ed,re +or approving appropriations +or ot&er depart2ents and agen%ies"

:D A spe%ial appropriations ill s&all spe%i+! t&e p,rpose +or #&i%& it is intended4 ands&all e s,pported ! +,nds a%t,all! availale as %erti+ied ! t&e )ational Treas,rer4 or to eraised ! a %orresponding reven,e proposal t&erein"

;D )o la# s&all e passed a,t&ori5ing an! trans+er o+ appropriationsH &o#ever4 t&ePresident4 t&e President o+ t&e *enate4 t&e *peaer o+ t&e .o,se o+ Representatives4 t&e C&ie+ B,sti%e o+ t&e *,pre2e Co,rt4 and t&e &eads o+ Constit,tional Co22issions 2a!4 ! la#4 ea,t&ori5ed to a,g2ent an! ite2 in t&e general appropriations la# +or t&eir respe%tive o++i%es+ro2 savings in ot&er ite2s o+ t&eir respe%tive appropriations"

6D 'is%retionar! +,nds appropriated +or parti%,lar o++i%ials s&all e dis,rsed onl!+or p,li% p,rposes to e s,pported ! appropriate vo,%&ers and s,<e%t to s,%& g,idelinesas 2a! e pres%ried ! la#"

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?D I+4 ! t&e end o+ an! +is%al !ear4 t&e Congress s&all &ave +ailed to pass t&e generalappropriations ill +or t&e ens,ing +is%al !ear4 t&e general appropriations la# +or t&epre%eding +is%al !ear s&all e dee2ed reena%ted and s&all re2ain in +or%e and e++e%t ,ntil t&egeneral appropriations ill is passed ! t&e Congress"

/emetria v. 'lba2 ";= SC&' 4F= 1"#=<5

$udget Law( *uthorizing the Transfer of Items *ppropriated for =ne <overnment =ffice to *nother is #nconstitutional.

>6 Petitioners2 as concerned citizens2 and members of the BP2 filed a petition for prohibition2 contestin0the validity of P/ ""<<2 Sec. ;;2 authorizin0 the President of the Phils. Dto transfer any fund2 appropriatedfor the different departments2 bureaus2 offices and a0encies of the *8ecutive /epartment... to any pro0ram2 pro?ect or activity of any department2 bureau or office....D

*/6 Par. " of Sec. ;; of P/ ""<< unduly e8tends the privile0e 0ranted under 'rt. V,,,2 Sec. "31$5 of the "#< Constitution. ,t empo!ers the Pres. to indiscriminately transfer funds from onedept. bureau2 office or a0ency of the *8ecutive /ept. to any pro0ram2 pro?ect or activity of any

dept. bureau or office included in the )eneral 'ppropriations 'ct or approved after its enactment2!@o re0ard as to !@n the funds to be transferred are actually savin0s in the item from !@c the sameare to be ta9en2 or !@n the transfer is for the purpose of au0mentin0 the item to !@c said transfer isto be made. ,t does not completely disre0ard the standards set in the fundamental la!2 therebyamountin0 to an undue dele0ation of le0islative po!ers2 but li9e!ise 0oes beyond the tenor thereof.,ndeed2 such constitutional infirmities render the provision in :uestion null and void. VV"


7D )o p,li% 2one! or propert! s&all e appropriated4 applied4 paid4 or e2plo!ed4dire%tl! or indire%tl!4 +or t&e ,se4 ene+it4 or s,pport o+ an! se%t4 %&,r%&4 deno2ination4

se%tarian instit,tion4 or s!ste2 o+ religion4 or o+ an! priest4 prea%&er4 2inister4 or ot&erreligio,s tea%&er4 or dignitar! as s,%&4 e3%ept #&en s,%& priest4 prea%&er4 2inister4 ordignitar! is assigned to t&e ar2ed +or%es4 or to an! penal instit,tion4 or govern2entorp&anage or leprosari,2"

8D All 2one! %olle%ted on an! ta3 levied +or a spe%ial p,rpose s&all e treated as aspe%ial +,nd and paid o,t +or s,%& p,rpose onl!" I+ t&e p,rpose +or #&i%& a spe%ial +,nd #as%reated &as een +,l+illed or aandoned4 t&e alan%e4 i+ an!4 s&all e trans+erred to t&e general+,nds o+ t&e 0overn2ent"

)uin0ona v. )ara0ue2 "#3 SC&' 44" 1"##"5

>6 Petitioners :uestion the constitutionality of the automatic appropriation for debt service in the

"##F bud0et.

*/6 Ghile it is true that under Sec. $1$52 'rticle H,V of the Constitution2 Con0ress is mandatedto assi0n the hi0hest bud0etary priority to education2 it does not thereby follo! that the hands of Con0ress are so hamstrun0 as to deprive it the po!er to respond to the imperatives of the nationalinterest and for the attainment of other state policies or ob?ectives. ,n this case2 the bud0et for education has tripled and the compensation for teachers has doubled. -his is a clear compliance!ith the constitutional mandate 0ivin0 hi0hest priority to education.

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avin0 faithfully complied there!ith2 Con0ress is certainly not !ithout any po!er2 0uidedonly by its 0ood ?ud0ment2 to provide an appropriation2 that can reasonably service our enormousdebt. ,t is not only a matter of honor and to protect the credit standin0 of our country. Moreespecially2 the very survival of our economy is at sta9e. ,f in the process Con0ress appropriated anamount for debt service bi00er than the share allocated to education2 the SC finds that suchappropriation is constitutional.

,t !as also ar0ued that the Presidential /ecrees authorizin0 automatic appropriation isviolative of Sec. 4#1"5 6 +o money shall be paid out of the -reasury e8cept in pursuance of anappropriation made by la!. -hey assert that there must be definiteness2 certainty2 and e8actness inan appropriation2 other!ise it is an undue dele0ation of le0islative po!er to the President !hodetermines in advance the amount appropriated for the debt service. -he SC !as not persuaded bysuch ar0uments. -he transitory provisions provide that all e8istin0 la!s not inconsistent !ith theConstitution shall remain operative until amended2 repealed or revo9ed. ,n this case2 the automaticappropriation provides the fle8ibility for the effective e8ecution of debt mana0ement policies.

,t !as ar0ued that the P/s did not meet the re:uirement that all appropriations authorizin0increase of debt must be passed by Con0ress and approved by the President 1V,2 4; and 4<5. -hisrefers only to appropriation measures still to be passed by Con0ress. ,n this case2 the P/s have been considered as passed.

's to !hether there !as undue dele0ation of le0islative po!er2 the Court finds that in thiscase2 the :uestioned la!s are complete in all their essential terms and conditions and sufficientstandards are indicated therein. ,n this case2 the le0islative intention is clear and that is theamount needed should be automatically set aside in order to enable the country to pay the principal2interest2 ta8es and other char0es !hen they shall become due !ithout the need to enact a separatela! appropriatin0 funds therefor as the need arises. 'lthou0h the amounts are not statedspecifically2 such amounts are limited to the principal2 interest2 ta8es and other char0es.

1b5 -a8 la!s

Art" VI4 *e%" 7" 1D T&e r,le o+ ta3ation s&all e ,ni+or2 and e,itale" T&eCongress s&all evolve a progressive s!ste2 o+ ta3ation"

7D T&e Congress 2a!4 ! la#4 a,t&ori5e t&e President to +i34 #it&in spe%i+ied li2its4and s,<e%t to s,%& li2itations and restri%tions as it 2a! i2pose4 tari++ rates4 i2port ande3port ,otas4 tonnage and #&ar+age d,es4 and ot&er d,ties or i2posts #it&in t&e +ra2e#or o+ t&e national develop2ent progra2 o+ t&e 0overn2ent"

8D C&aritale instit,tions4 %&,r%&es and parsonages or %onvents app,rtenant t&ereto42os,es4 nonpro+it %e2eteries4 and all lands4 ,ildings4 and i2prove2ents4 a%t,all!4 dire%tl!4and e3%l,sivel! ,sed +or religio,s4 %&aritale4 or ed,%ational p,rposes s&all e e3e2pt +ro2ta3ation"

:D )o la# granting an! ta3 e3e2ption s&all e passed #it&o,t t&e %on%,rren%e o+ a2a<orit! o+ all t&e Me2ers o+ t&e Congress"

Art" >IV4 *e%" : 8D All reven,es and assets o+ nonsto%4 nonpro+it ed,%ationalinstit,tions ,sed a%t,all!4 dire%tl!4 and e3%l,sivel! +or ed,%ational p,rposes s&all e e3e2pt+ro2 ta3es and d,ties" Upon t&e dissol,tion or %essation o+ t&e %orporate e3isten%e o+ s,%&instit,tions4 t&eir assets s&all e disposed o+ in t&e 2anner provided ! la#"

Proprietar! ed,%ational instit,tions4 in%l,ding t&ose %ooperativel! o#ned4 2a!lie#ise e entitled to s,%& e3e2ptions s,<e%t to t&e li2itations provided ! la# in%l,dingrestri%tions on dividends and provisions +or reinvest2ent"

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:D *,<e%t to %onditions pres%ried ! la#4 all grants4 endo#2ents4 donations4 or%ontri,tions ,sed a%t,all!4 dire%tl!4 and e3%l,sivel! +or ed,%ational p,rposes s&all e e3e2pt+ro2 ta3"

+orms of -a8ation

-he rule of ta8ation shall be uniform and e:uitable. -he Con0ress shall evolve a pro0ressive system of ta8ation. L'rt. V,. Sec. 4=1"5

/ele0ation of -a8 Po!ers

's a 0eneral rule2 the po!er to ta82 bein0 an essential aspect of soverei0nty2 is inherentlyle0islative and therefore is non%dele0able2 unless the Constitution itself allo!s the dele0ation.

-here are 4 sets of specific e8ceptions6

". -he Con0ress2 may2 by la!2 authorize the President to fi82 !ithin specified limits2 andsub?ect to such limitations and restrictions as it may impose2 1i5 tariff rates2 1ii5 import and e8port:uotas2 1iii5 tonna0e and !harfa0e dues2 and 1iv5 other duties and imposts2 !ithin the frame!or9 of the national development pro0ram of the )overnment. Lid .2 Sec. 4=145

4. *ach local 0overnment unit shall have the po!er to create its o!n sources of revenues2and to levy ta8es2 fees2 and char0es sub?ect to such 0uidelines and limitations as the Con0ress may provide2 consistent !ith the basic policy of local autonomy. Such ta8es2 fees2 and char0es shallaccrue e8clusively to the local 0overnments. 1'rt. H2 Sec. $5

-he ta8in0 po!er may also be e8ercised by the President as an incident of the emer0ency po!ers that Con0ress may 0rant to him2 under 'rt. V,2 Sec. 4145.

Burden of -a8ation

-a8ation bein0 the source of revenue of 0overnment and its very lifeblood2 Dno la!0rantin0 any ta8 e8emption shall be passed !ithout the concurrence of a ma?ority of all themembers of Con0ress.D Lid.2 Sec. 4=1;5

'ccordin0 to ?urisprudence2 any :uestion re0ardin0 the constitutionality of a ta8 measuremust be resolved in favor of its validity. But any doubt re0ardin0 the ta8ability of any personunder a valid ta8 la! must be resolved in favor of that person and a0ainst the ta8in0 po!er.o!ever2 any doubt as to the applicability of a ta8 e8emption 0ranted to a person must be resolveda0ainst the e8emption.

Proceeds of ta8es

'll money collected on any ta8 levied for a special purpose shall be treated as a specialfund and paid out for such purpose only. ,f the purpose for !hich a special fund !as created has been fulfilled or abandoned2 the balance if any2 shall be transferred to the 0eneral funds of the)overnment. Lid.2 Sec. 4#155

ocal 0overnment units shall have a ?ust share2 as determined by la!2 in the national ta8es!hich shall be automatically released to them. 1'rt. H2 Sec. 35.

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-a8ation of reli0ious and charitable institutions

Charitable institutions2 churches and parsona0es or convents appurtenant thereto2mos:ues2 non%profit cemeteries2 and Dall lands2 buildin0s and improvements2 actually2 directly2 ande8clusively used for reli0ious2 charitable2 or educational purposes2 shall be e8empt from ta8ation.D1'rt. V,2 Sec. 4=15

,n 'bra vs ernando2 "F< SC&' "F; 1"#="52 the SC held that one !ho claims e8emptionfrom ta8es on the 0round that the property sou0ht to be ta8ed by the 0overnment is Dactually2directly2 and e8clusively used for reli0ious purposesD 1must prove it.5 -his cannot simply be presumed on the basis of a declaration to that effect.

,n YMC' v Collector2 Phil 4"< 1"#"352 the buildin0s and 0rounds of the YMC'devoted to reli0ious2 charitable and educational ends2 and not founded and conducted for profit2!ere held to be ta8%e8empt. 1's no!2 the e8emption is not limited to reli0ious institutions.5

,n Bishop of +ueva Se0ovia v Provincial Board2 3< Phil $4 1"#4<52 the SC e8emptedfrom ta8ation 1"5 a piece of land that used to be a cemetery but !as no lon0er used for burial!here the faithful !ould con0re0ate before and after mass2 and 145 a tract 0arden near the convent!here ve0etables !ere planted for the use of the priest. ,t is submitted that under the "#< and"#=< Constitutions2 this case !ould be overruled2 and the dissentin0 opinion of Justice Malcolmfollo!ed. >or the former cemetery and the ve0etable tract are not Dactually and directlyD used for reli0ious purposes.

Under the "#$ Constitution2 the provision read De8clusively for reli0ious2 charitable or educational purposesD7 in "#< actually2 directly2 and e8clusively for reli0ious or charitable purposesD7 and2 in "#=<2 Dactually2 directly2 and e8clusively used for reli0ious2 charitable or educational purposes.D

't any rate2 the e8emption applies only to ta8es. -hus2 a Dspecial assessmentD 1the amountassessed resultin0 from the appreciation of value of realty due to public !or9s constructed nearby5

under the &eal Property -a8 Code 1or the recently enacted ocal )overnment Code52 not bein0 ata82 does not fall under the e8emption. 's in 'postolic Prefect v City -reasurer2 <" Phil ;<1"#;"52 property o!ned by a reli0ious institution and used for reli0ious and educational purposes isliable for special assessments.

-a8ation of *ducational ,nstitutions

'll lands2 buildin0s2 and improvements2 actually2 directly2 and e8clusively used for ...educational purposes shall be e8empt from ta8ation. L'rt. V,2 Sec. 4=15

'll revenues and assets of non%stoc92 non%profit educational institutions used actually2directly2 and e8clusively for educational purposes shall be e8empt from ta8es and duties... Pro% prietary educational institutions2 includin0 those cooperatively o!ned2 may li9e!ise be entitled tosuch e8emptions2 sub?ect to the limitations provided by la!2 includin0 restrictions on dividends and provisions for reinvestment. L'rt. H,V2 Sec. ;15.

Sub?ect to the conditions prescribed by la!2 all 0rants2 endo!ments2 donations or contributions actually2 directly2 and e8clusively for educational purposes shall be e8empt from ta8.L'rt. H,V2 Sec. ;1;5.

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Under these provisions2 it is clear that 1"5 sectarian schools L'rt. V,2 Sec. 4=15 and 'rt.H,V2 Sec. ;15 construed to0ether as !ell as 145 non%stoc92 non%profit secular schools L'rt. H,V2Sec. ;15 are e8empt from the follo!in0 ta8es 6 aT all real property ta8 1DassetsD and od0es vMunicipal Board of ,loilo City2 "# SC&' 4= 1"#3<52 bT income ta8 L'rt. H,V2 Sec. ;15 for N4and a fortiori for N" for income actually2 directly2 and e8clusively used for educational purposesand even cT estate and 0ift ta8 L'rt. H,V2 Sec. ;1;5.

Proprietary schools on the other hand2 are 0ranted only limited e8emption.

b. Procedure for the passa0e of bills

Art" VI4 *e%" 76" 7D )o ill passed ! eit&er .o,se s&all e%o2e a la# ,nless it &aspassed t&ree readings on separate da!s4 and printed %opies t&ereo+ in its +inal +or2 &ave eendistri,ted to its Me2ers t&ree da!s e+ore its passage4 e3%ept #&en t&e President %erti+iesto t&e ne%essit! o+ its i22ediate ena%t2ent to 2eet a p,li% %ala2it! or e2ergen%!" Upon t&elast reading o+ a ill4 no a2end2ent t&ereto s&all e allo#ed4 and t&e vote t&ereon s&all etaen i22ediatel! t&erea+ter4 and t&e #eas and na#s entered in t&e Bo,rnal"

-hree &eadin0s6

+o bill passed by either ouse shall become a la! unless it has passed three readin0s...L'rt. V,2 Sec. 43145.

n Dfirst readin02D the title of the bill2 !ithout the provisions2 is read before the body. -he presidin0 officer then refers the bill to the proper committee e.0.2 D-o the Committee on ocal)overnmentsD. 1Con0ress 0enerally !or9s throu0h its committees2 not as one body.5

'fter consideration of the bill or resolution2 the Committee returns the same to the bodyto0ether !ith its amendments2 ob?ections or recommendations. Ghere the report is favorable2 the bill is placed on the proper calendar. ,f the report is unfavorable2 the matter shall be laid on the

table2 unless the body on the !hole decides other!ise.

n Dsecond readin0D2 the bill or resolution is read in full before the floor2 !ith suchamendments as the committee may have proposed. -hen2 it is sub?ected to debate2 discussion andamendments. Ghen this is throu0h2 a motion to close the 0eneral debate is made2 then a vote ista9en by the membership on !hether to pass the bill or not on the basis of the amendments or discussions.

-he bill as amended and approved is the Dprinted in final formD and its copies are2 as a0eneral rule2 distributed to the members at least days before its passa0e. LSec. 43145 L-he purpose of the %day re:uirement is to enable the members to chec9 if the bill reflects the te8t andamendments approved on second readin02 and to see if riders have been introduced.

's an e8ception2 ho!ever2 the Constitution allo!s the %day and printed copy re:uirementto be dispensed !ith !hen the President certifies to the necessity of the immediate enactment of the bill to meet a public calamity or emer0ency. LSec. 43145. ,n this case2 therefore2 the three readin0smay be made in less than days !ithout the bill bein0 printed.

n the Dthird and final readin0D2 the bill is called by its name or title2 then a vote is ta9enri0ht a!ay2 !ith the DyeasD and DnaysD entered in the Journal. +o more amendment is allo!ed.LSec. 43145.

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's a 0eneral rule2 the three readin0s must be conducted on separate days2 LSec. 43145.-he e8ception is found in 'rt. V,,2 Sec. "F6 Ghen Con0ress convenes to call a special election toelect the President and Vice%President2 Dthe bill callin0 such special election shall be deemedcertified under par. 42 Sec. 432 'rt. V,D2 meanin02 the three readin0s can be done on the same day.

Conference Committee

' bill can be passed ?ointly 1!hen it is a ?oint session2 supra52 or separately. ,n the latter case2 it can be passed simultaneously 1!hen a bill is ta9en up by both houses separately but at thesame time2 or se:uentially 1!hen a bill ori0inates form one house and 0oes to the other house5.-here is no problem if the bill is passed ?ointly. But if it is passed separately2 the bill approved byone house 0oes to the other house2 !hich can amend such bill. nce the other house approves the bill2 this is called the other houseEs version of the bill.

' Conference Committee is then or0anized2 composed of e:ual number of members fromthe Senate and the ouse2 to ma9e recommendations to the respective chambers on ho! toreconcile the t!o versions of the bill. -he respective members are usually 0ranted blan9etauthority to ne0otiate and reconcile the bills. 't the end of the process2 the committee comes up!ith a DConference Committee &eportD2 !hich is then submitted to the respective chambers for approval.

*n0rossment or *nrollment of the Bill

nce the bill is approved by both houses2 the bill is en0rossed or enrolled 1see supra5. -he*nrolled copy of the Bill bears the certification by the presidin0 officers 1Senate President andSpea9er of the ouse5 that this enrolled copy is the version passed by each house. 1-he effects of this enrolled bill are discussed above.5

'pproval by the President

Art" VI4 *e%" 7? 1D Ever! ill passed ! t&e Congress s&all4 e+ore it e%o2es a la#4e presented to t&e President" I+ &e approves t&e sa2e4 &e s&all sign itH ot&er#ise4 &e s&allveto it and ret,rn t&e sa2e #it& &is o<e%tion to t&e .o,se #&ere it originated4 #&i%& s&allenter t&e o<e%tions at large in its Bo,rnal and pro%eed to re%onsider it" I+4 a+ter s,%&re%onsideration4 t#ot&irds o+ all t&e Me2ers o+ s,%& .o,se s&all agree to pass t&e ill4 its&all e sent4 toget&er #it& t&e o<e%tions4 to t&e ot&er .o,se ! #&i%& it s&all lie#ise ere%onsidered4 and i+ approved ! t#ot&irds o+ all t&e Me2ers o+ t&at .o,se4 it s&all e%o2ea la#" In s,%& %ases4 t&e votes o+ ea%& .o,se s&all e deter2ined ! #eas or na#s4 and t&ena2es o+ t&e Me2ers voting +or or against s&all e entered in its Bo,rnal" T&e Presidents&all %o22,ni%ate &is veto o+ an! ill to t&e .o,se #&ere it originated #it&in t&irt! da!s a+tert&e date o+ re%eipt t&ereo+4 ot&er#ise4 it s&all e%o2e a la# as i+ &e &ad signed it"

7D T&e President s&all &ave t&e po#er to veto an! parti%,lar ite2 or ite2s in anappropriation4 reven,e4 or tari++ ill4 ,t t&e veto s&all not a++e%t t&e ite2 or ite2s to #&i%& &edoes not o<e%t"

-he bill as approved by Con0ress and certified by its presidin0 officers is then presented tothe President.

)enerally2 there are !ays for the bill to become a la!6

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"5 Ghen it is approved by the President7

45 Ghen the vote of the President is overridden by 4@ vote of all the members of bothhouses7

5 Upon failure of the President to veto the bill and to return it !ith his ob?ections2 to the

ouse !here it ori0inated2 !ithin F days after the date of receipt. LSec. 4<1"5.

But there are 4 cases !hen a bill becomes a la! !ithout the si0nature of the President6

"5 Ghen the veto of the President is overridden by 4@ vote of all the members of bothhouses7 and

45 Ghen the bill is one callin0 a special election for President and Vice%President under 'rt.V,,2 Sec. "F. ere the bill becomes la! upon rd and final readin0. -he 'ctin0 President is notre:uired to si0n2 for he may have an interest in the :uestion.

c. -he PresidentEs veto po!er

ualified versus 'bsolute Veto

Veto Po!er of the President

Messa0e Veto versus Poc9et Veto.%% -here is only one !ay for the President to veto a bill6By disapprovin0 it2 and returnin0 it to the house !here the bill ori0inated2 to0ether !ith his Dvetomessa0eD 1e8plainin0 his ob?ections to the bill2 !hich messa0e shall be entered in the Journal !ithinF days after receipt LSec. 4<1"5

+o Dpoc9et vetoD in the Philippines.%% ,n this re0ard2 there is no Dpoc9et vetoD in thePhilippines.

Ghat is a poc9et vetoK

Compare !ith 'rt. ,2 Sec. < of US Constitution6

Art" I4 *e%" ?" I+ an! ill s&all not e ret,rned ! t&e President #it&in ten da!s*,nda!s e3%eptedD a+ter it s&all &ave een presented to &i24 t&e sa2e s&all e a la#4 in lie2anner as i+ &e &ad signed it4 ,nless t&e Congress ! t&eir ad<o,rn2ent prevent its ret,rn in#&i%& %ase it s&all not e a la#" T&e United *tates Constit,tion"D

' poc9et veto2 as in the US re:uires t!o concurrin0 elements2 1"5 failure to act on the billand 145 the reason he does not return the bill to Con0ress is that Con0ress is not in session. -hus2if the US Con0ress is in session2 failure by the President to act !ill not result in the veto of the bill.

,n the Philippines2 there is no such provision. ,naction by the President for F days never produced a veto. ,f Con0ress is not in session2 the President must still act in order to veto the bill.nly he needs to communicate the veto to Con0ress !ithout need of returnin0 the vetoed bill !ithhis veto messa0e.

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Art" VI4 *e%" 7? 1D Ever! ill passed ! t&e Congress s&all4 e+ore it e%o2es a la#4e presented to t&e President" I+ &e approves t&e sa2e4 &e s&all sign itH ot&er#ise4 &e s&allveto it and ret,rn t&e sa2e #it& &is o<e%tion to t&e .o,se #&ere it originated4 #&i%& s&allenter t&e o<e%tions at large in its Bo,rnal and pro%eed to re%onsider it" I+4 a+ter s,%&

re%onsideration4 t#ot&irds o+ all t&e Me2ers o+ s,%& .o,se s&all agree to pass t&e ill4 its&all e sent4 toget&er #it& t&e o<e%tions4 to t&e ot&er .o,se ! #&i%& it s&all lie#ise ere%onsidered4 and i+ approved ! t#ot&irds o+ all t&e Me2ers o+ t&at .o,se4 it s&all e%o2ea la#" In s,%& %ases4 t&e votes o+ ea%& .o,se s&all e deter2ined ! #eas or na#s4 and t&ena2es o+ t&e Me2ers voting +or or against s&all e entered in its Bo,rnal" T&e Presidents&all %o22,ni%ate &is veto o+ an! ill to t&e .o,se #&ere it originated #it&in t&irt! da!s a+tert&e date o+ re%eipt t&ereo+4 ot&er#ise4 it s&all e%o2e a la# as i+ &e &ad signed it"


Compare !ith "#$ Constitution2 'rt. V,2 Sec. 4F

*e%" 7= 1D Ever! ill passed ! t&e Congress s&all4 e+ore it e%o2es a la#4 epresented to t&e President" I+ &e approves t&e sa2e4 &e s&all sign itH ,t i+ not4 &e s&all ret,rnit #it& &is o<e%tions to t&e .o,se #&ere it originated4 #&i%& s&all enter t&e o<e%tions atlarge in its Bo,rnal and pro%eed to re%onsider it" I+4 a+ter s,%& re%onsideration4 t#ot&irds o+ all t&e Me2ers o+ s,%& .o,se s&all agree to pass t&e ill4 it s&all e sent4 toget&er #it& t&eo<e%tions4 to t&e ot&er .o,se ! #&i%& it s&all lie#ise e %onsidered4 and i+ approved !t#ot&irds o+ all t&e Me2ers o+ t&at .o,se4 it s&all e%o2e a la#" In all s,%& %ases4 t&e voteso+ ea%& .o,se s&all e deter2ined ! #eas or na#s4 and t&e na2es o+ t&e Me2ers voting +oror against s&all e entered in its Bo,rnal" I+ an! ill s&all not e ret,rned ! t&e President as&erein provided #it&in t#ent! da!s*,nda! e3%eptedD4 a+ter it s&all &ave een presented to&i24 t&e sa2e s&all e%o2e a la# in lie 2anner as i+ &e &ad signed it4 ,nless t&e Congress !ad<o,rn2ent prevents its ret,rn4 in #&i%& %ase it s&all e%o2e a la# ,nless vetoed ! t&e

President #it&in t&irt! da!s a+ter ad<o,rn2ent"7D T&e President s&all &ave t&e po#er to veto an! parti%,lar ite2 or ite2s o+ an!

appropriation ill4 ,t t&e veto s&all not a++e%t t&e ite2 or ite2s to #&i%& &e does not o<e%t"W&en a provision o+ an appropriation ill a++e%ts one or 2ore ite2s o+ t&e sa2e4 t&e President%annot veto t&e provision #it&o,t at t&e sa2e ti2e vetoing t&e parti%,lar ite2 or ite2s to#&i%& it relates" T&e ite2 or ite2s o<e%ted to s&all not tae e++e%t e3%ept in t&e 2anner&ereto+ore provided as to ills ret,rned to t&e Congress #it&o,t t&e approval o+ t&e President"I+ t&e veto re+ers to a ill or an! ite2 o+ an appropriation ill #&i%& appropriates a s,2 ine3%ess o+ ten per centum o+ t&e total a2o,nt voted in t&e appropriation ill +or t&e generale3penses o+ t&e 0ovt" +or t&e pre%eding !ear4 or i+ it s&o,ld re+er to a ill a,t&ori5ing anin%rease o+ t&e p,li% det4 t&e sa2e s&all not e%o2e a la# ,nless approved ! t&ree+o,rt&so+ all t&e Me2ers o+ ea%& .o,se" T&e 198; Constit,tion"D

Veto Messa0e 6 Ghen the President vetoes a measure2 he should return the measure to theouse of ori0in2 indicatin0 his ob?ections thereto in !hat is commonly 9no!n as a Dveto messa0eDso that the same can be studied by the members for possible overridin0 of his veto.

,s partial veto allo!ed under the ConstitutionK -he 0eneral rule is that the President mustapprove entirely or disapprove in toto. -he e8ception applies to appropriation2 revenue and tariff

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bills2 any particular item or items of !hich may be disapproved !ithout affectin0 the item or itemsto !hich he does not ob?ect.

Cruz6 ,n Bolinao *lectronics Corp. v Valencia2 "" SC&' ;=32 a public !or9s bill contained anitem appropriatin0 a certain sum for assistance to television stations2 sub?ect to the condition thatthe amount !ould not be available in placees !here there !ere commercial television stations in

operation. Pres. Macapa0al approved the appropriation but vetoed the condition. Ghen his act!as subse:uently challen0ed in the SC2 it !as held that the veto !as ineffectual and that theapproval of the item carried !@ it the approval of the condition attached to it. 888

,n this case2 the SC further held that the veto po!er is DdestructiveD in nature2 not creative2and so the President is limited to approvin0 or disapprovin0 the bill2 in toto. e cannot chooseonly the parts that he li9es and vetoes the rest. -hus2 in this case2 the President !as prohibitedfrom vetoin0 only the part prohibitin0 the Philippine Broadcastin0 System from operatin0 outside acertain radius2 !hile approvin0 the rest of the appropriation for this 0overnment radio station.

-hus2 !hen the President approves one part and vetoes another2 the veto is ineffective6 it isas thou0h there is no veto.

But in the case of appropriations2 revenue or tariff bills2 the President shall have the po!er to veto any particular item or items2 !ithout vetoin0 the other item or items to !hich he does notob?ect.

-he reason is2 these items are really independent of each other2 and so every item is deemeda bill in itself. But as to each item2 he cannot approve part and disapprove the other part.

,n )onzales vs Macarai02 "#" SC&' ;$42 the President of the Philippines vetoed a provision in the "#=# )eneral 'ppropriations Bill and later a similar provision in the "##F )eneral'ppropriations Bill Lprovidin0 for a prohibition a0ainst the restoration or increase of recommendedappropriations disapproved and@or reduced by Con0ress. ,n her veto messa0e2 Pres. ':uino said

that such provision violates 'rt. V, Sec. 4$1$5 and that it nullifies her po!er and that of the SenatePresident2 Spea9er2 Chief Justice and eads of Constitutional Commissions2 to au0ment any itemin the 0eneral appropriations la! for their respective offices from savin0s in other items of their respective appropriations2 even in cases of calamity or in the event of ur0ent need to accelerate theimplementation of essential public services. ,n re?ectin0 the challen0e to the veto2 the SC declaredthat the restrictive interpretation ur0ed by the petitioners that the President may not veto a provision !ithout vetoin0 the entire bill not only disre0ards the basic principle that a distinct andseverable part of a bill may be sub?ect of a separate veto but also overloo9s the Constitutionalmandate that any provision in the 0eneral appropriations bill shall relate specifically to some particular appropriation therein and that any such provision shall be limited in its operate to theappropriation to !hich it relates L'rt. V,2 Sec. 4$1$5. ,n other !ords2 a provision in an appro% priation bill is limited in its operation to some particular appropriation to !hich it relates2 and doesnot relate to the entire bill.

,n this case2 the challen0ed provisions do not relate to any particular or distinctiveappropriation. -hey apply 0enerally to all items disapproved or reduced by Con0ress in the'ppropriations Bill. 'lso2 such provisions are more of an e8pression of Con0ressional policyrather than a bud0etary appropriation. -hey should be treated as items for the purpose of thePresidentEs veto po!er.

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Ben0zon vs /rilon 4F= SC&' " 1"##45

>6 -he issue here is the constitutionality of the veto by the President of certain provisions in the"##4 )eneral 'ppropriations 'ct relatin0 to the payment of ad?usted pensions to retired ?ustices of the SCand the C'. 'ccordin0 to Pres. ':uino2 the payment of such ad?usted pensions 1ad?usted !ith respect tothe peso purchasin0 po!er5 !ould erode the 0ovtEs collective effort to enforce the policy of standardization

of compensation and that 0ovt. should not 0rant distinct privile0es to select 0roups of officials over thoseof the vast ma?ority of civil service servants. -he retired ?ustices asserted that such sub?ect veto is not anitem veto.

*/6 -he veto po!er of the President is not absolute. -he *8ecutive must veto a bill in itsentirety or not at all. o!ever !hen it comes to appropriation2 revenue or tariff bills2 the'dministration needs the money to run the machinery of 0ovt. and it can not veto the entire billeven if it may contain ob?ectionable features. -his is the reason for the item veto po!er.

-he Constitution provides that only a particular item or items may be vetoed. -he po!er to disapprove any item or items in an appropriate bill does not 0rant the authority to veto a part of an item and to approve the remainin0 portion of the same item.

-he terms DitemD and DprovisionD are different. *n item refers to the particulars( the

details( the distinct and severable parts of the bill. It is an indivisible sum of mone" dedicated toa stated purpose. 'n item obviously means an item !hich in itself is a specific appropriation of money2 and not some 0eneral provision of la!.

,n this case2 the President did not veto an item. She vetoed the methods or systems placed by Con0ress to insure that permanent and continuin0 obli0ations to certain officials !ill be paid!hen they fall due. ,n this case2 the vetoed portions are not items but are provisions. -heau0mentation of specific appropriations found inade:uate to pay retirement payments2 bytransferrin0 savin0s from other items of appropriations is a provision and not an item. ,t 0ives theSC Chief Justice the po!er to transfer funds from one item to another. -here is no specificappropriation of money involved.

+either may the veto po!er be e8ercised as a means of repealin0 e8istin0 la!s. -his isarro0atin0 unto the Presidency le0islative po!ers !hich are beyond its authority. Adapted"

verridin0 the Veto

Upon consideration of the ob?ections raised by the President in his veto messa0e2 the ousefrom !hich the bill ori0inated shall reconsider the bill. ,f after such reconsideration2 4@ of all themembers of such house shall a0ree to pass the bill2 it shall be sent to0ether !ith the ob?ections of the President2 to the other house by !hich it shall li9e!ise be reconsidered. ,f approved by 4@ of all the members of that house2 it shall become a la!. ,n all such cases2 the votes of each houseshall be determined by DyeasD or DnaysD2 and the names of the members votin0 for or a0ainst shall be entered in the Journal. LV,2 4<1"5

d. e0islative vetoes

-he Con0ress cannot deem a draft submitted by an e8ecutive a0ency passed as la! by itmere inaction !ithin a certain period. ,t must 0o throu0h the readin0s and the submission of the bill to the President2 as re:uired by the Constitution. ,n Miller v Mardo2 4 SC&' 4#= 1"#3"52 theSC struc9 do!n as unconstitutional Sec. 3 of &' ##<2 !hich provided that the reor0anization plan

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drafted by the /epartment of abor and submitted to President for approval shall be deemed asapproved by Con0ress after its ad?ournment2 unless in the meantime2 Con0ress by resolution disap% proved the plan. ,t struc9 do!n as !ell the &eor0anization Plan drafted pursuant to this la!.

,n so holdin02 the Court ruled that the approval of a bill cannot be made b" Congress b"mere silence( ad5ournment or concurrent resolution. -he Constitution re:uires the t!o houses to

hold separate session for deliberation2 and to submit the determination of one to the separatedetermination of the other2 unless a ?oint session is provided for. -his method of passin0 a la!amounts to an abdication by Con0ress of its le0islative prero0atives to the *8ecutive.

e. *ffectivity of a!s

Art" 7" La#s s&all tae e++e%t a+ter +i+teen da!s +ollo#ing t&e %o2pletion o+ t&eirp,li%ation in t&e O++i%ial 0a5ette4 ,nless it is ot&er#ise provided" T&e Code s&all tae e++e%tone !ear a+ter s,%& p,li%ation"

Ghen a bill becomes a la! throu0h any of the means mentioned above2 the la! does not become effective at once. 'ccordin0 to the rulin0 upon reconsideration in -anada v -uvera2 "3SC&' 4< 1"#=$52 in addition to the date fi8ed either by the effectivity clause of the statute2 or2 in itsabsence2 by 'rt. 4 of the Civil 1"$ days after its publication52 there must first be a publication of the la! either in the fficial )azette or in a ne!spaper of 0eneral circulation L* 4FF.ther!ise2 there is a violation of due process.

-his re:uirement for publication applies to any 9ind of la!2 even la!s !hich are not of 0eneral application2 private la!s 1e.0. la! 0rantin0 citizenship to H52 la!s of local application2 andrules and re0ulations of substantive character.

,n People v ue Po ay2 #; Phil 3;F 1"#$352 a CB circular 0overnin0 the remittance of dollars !ith correspondin0 forfeiture in case of violation2 !as held to re:uire publication2 since it

had the nature of a penal rule.

-anada v. -uvera2 "3 S 4< 1"#=$5

>6 ,nvo9in0 the peopleEs ri0ht to be informed on matters of public concern2 a ri0ht reco0nized in theConstitution2 as !ell as the principle that la!s to be valid and enforceable must be published in the ) or other!ise effectively promul0ated2 petitioners see9 a !rit of mandamus to compel respondent publicofficials to publish2 and@or cause the publication in the ) of various P/s2 ,s2 0eneral orders2 proclamations2 *s2 letters of implementation and administrative orders. &espondents contend2 amon0others that publication in the ) is not a sine 1ua non re:uirement for the effectivity of la!s !here thela!s themselves provide for their o!n effectivity dates. ,t is thus submitted that since the presidentialissuances in :uestion contain special provisions as to the date they are to ta9e effect2 publication in the )

is indispensable for their effectivity. -he point stressed is anchored on 'rt. 4 of +CC.

*/6 -he interpretation 0iven by respondent is in accord !@ this CourtEs construction of saidarticle. ,n a lon0 line of decisions2 this Court has ruled that publication in the ) is necessary inthose cases !here the le0islation itself does not provide for its effectivity date%% for then the date of publication is material for determinin0 its date of effectivity2 !@c is the "$th day follo!in0 its publication%% but not !hen the la! itself provides for the date !hen it 0oes into effect.

&espondentEs ar0ument2 ho!ever2 is lo0ically correct only insofar as it e:uates theeffectivity of la!s !@ the fact of publication. Considered in the li0ht of other statutes applicable to

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the issue at hand2 the conclusion is easily reached that said 'rt. 4 does not preclude the re:uirementof publication in the )2 even if the la! itself provides for the date of its effectivity.

888 -he publication of all presidential issuances Dof a public natureD or Dof 0eneralapplicabilityD is mandated by la!. -he clear ob?ect of the la! is to 0ive the 0eneral publicade:uate notice of the various la!s !@c are to re0ulate their actions and conduct as citizens. G@osuch notice and publication2 there !ould be no basis for the application of the ma8im ignorantia

legis non e-cusat . ,t !ould be the hei0ht of in?ustice to punish or other!ise burden a citizen for the trans0ression of a la! of !@c he had no notice !hatsoever2 not even a constructive one. ,t isneedless to say that the publication of presidential issuances Dof a public natureD or Dof 0eneralapplicabilityD is a re:uirement of due process. ,t is a rule of la! that before a person may be bound by la!2 he must first be officially and specifically informed of its contents. RAM"

-anada v. -uvera2 ";3 S ;;3 1"#=35. )otion for reconsideration. 888 L-he clause Dunless it isother!ise providedD refers to the date of effectivity and not to the re:uirement of publication itself2!@c cannot in any event be omitted. -his clause does not mean that the le0islature may ma9e thela! effective immediately upon approval2 or on any other date2 !@o its previous publication.

Publication is indispensable in every case2 but the le0islature may in its discretion providethat the usual "$%day period shall be shortened or e8tended.

,t is not correct to say that under the disputed clause publication may be dispensed !@alto0ether. -he reason is that such omission !ould offend due process insofar as it !ould deny the public 9no!led0e of the la!s that are supposed to 0overn it.

Conclusive presumption of knowledge of the law.@@ -he conclusive presumption thatevery person 9no!s the la! presupposes that the la! has been published if the presumption is tohave any le0al ?ustification at all.

The term laws should refer to all la!s and not only to those of 0eneral application2 for strictly spea9in0 all la!s relate to the people in 0eneral albeit there are some that do not apply tothem directly.

&U*6 *ll statutes2 includin0 those of local application and private la!s2 shall be published as a condition for their effectivity2 !@c shall be0in "$ days after publication unless adifferent effectivity date is fi8ed by the le0islature.

Coverage.@@ Covered by this rule are P/s and *s promul0ated by the Pres. in thee8ercise of le0islative po!ers. 'dministrative rules and re0ulations must also be published if their purpose is to enforce or implement e8istin0 la! pursuant to a valid dele0ation.

,nterpretative re0ulations and those merely internal in nature2 i.e.2 re0ulatin0 only the personnel of the administrative a0ency and not the public2 need not be published. +either is publication re:uired of the so%called letters of instructions issued by administrative superiorsconcernin0 the rules or 0uidelines to be follo!ed by their subordinates in the performance of their duties.

Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the la!s. -he mere mention of the number of the P/2 the title of suchdecree2 its !hereabouts2 the supposed date of effectivity2 and in a mere supplement of the )cannot satisfy the publication re:uirement. -his is not even substantial compliance. RAM"

*8ecutive rder +o. 4FF2 June "=2 "#=<

Art" 7" La#s s&all tae e++e%t a+ter +i+teen da!s +ollo#ing t&e %o2pletion o+ t&eirp,li%ation eit&er in t&e O++i%ial 0a5ette or in a ne#spaper o+ general %ir%,lation in t&eP&ilippines4 ,nless it is ot&er#ise provided" as a2ended ! EO 7=="D

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#. ,nitiative and &eferendum2

Initiative is the po!er of the people to propose bills and la!s2 and to enact or re?ect themat the polls2 independent of the le0islative assembly. ,t is the ri0ht of a 0roup of citizens to intro%duce a matter for le0islation either to the le0islature or directly to the voters.

!eferendum is the ri0ht reserved to the people to adopt or re?ect any act or measure !hichhas been passed by a le0islative body and !hich in most cases !ould !ithout action on the part of the electors become a la!. ,t is a method of submittin0 an impt. le0islative measure to a direct voteof the !hole people2 the submission of a la! passed by the le0islature for their approval or re?ection.

&ep. 'ct +o. 3<$2 'u0. ;2 "#=#

UP/'-*/ "@44@#3@&'M

B. *8ecutive /epartment

". -he President

a. ualifications2 election2 term and oath

'rt. V,,2 Secs. 42 ; and $

Art" VII4 *e%" 7" )o person 2a! e ele%ted President ,nless &e is a nat,ralorn

%iti5en o+ t&e P&ilippines4 a registered voter4 ale to read and #rite4 at least +ort! !ears o+ ageon t&e da! o+ t&e ele%tion4 and a resident o+ t&e P&ilippines +or at least ten !ears i22ediatel!pre%eding s,%& ele%tion"

ualifications of President

"5 +atural%born citizen of the Philippines45 &e0istered voter 5 'ble to read and !rite

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;5 ;F years of a0e on the day of election$5 &esident of the Philippines for at least "F years immediately precedin0 the election

Art" VII4 *e%" :" T&e President and t&e Vi%ePresident s&all e ele%ted ! dire%t voteo+ t&e people +or a ter2 o+ si3 !ears #&i%& s&all egin at noon on t&e t&irtiet& da! o+ B,ne ne3t

+ollo#ing t&e da! o+ t&e ele%tion and s&all end at noon o+ t&e sa2e date si3 !ears t&erea+ter"T&e President s&all not e eligile +or an! reele%tion" )o person #&o &as s,%%eeded asPresident and &as served as s,%& +or 2ore t&an +o,r !ears s&all e ,ali+ied +or ele%tion to t&esa2e o++i%e at an! ti2e"

)o Vi%ePresident s&all serve +or 2ore t&an t#o s,%%essive ter2s" Vol,ntar!ren,n%iation o+ t&e o++i%e +or an! lengt& o+ ti2e s&all not e %onsidered as an interr,ption int&e %ontin,it! o+ t&e servi%e +or t&e +,ll ter2 +or #&i%& &e #as ele%ted"

Unless ot&er#ise provided ! la#4 t&e reg,lar ele%tion +or President and Vi%ePresident s&all e &eld on t&e se%ond Monda! o+ Ma!"

T&e ret,rns o+ ever! ele%tion +or President and Vi%e President4 d,l! %erti+ied ! t&eoard o+ %anvassers o+ ea%& provin%es or %it!4 s&all e trans2itted to t&e Congress4 dire%ted tot&e President o+ t&e *enate" Upon re%eipt o+ t&e %erti+i%ates o+ %anvass4 t&e President o+ t&e*enate s&all4 not later t&an t&irt! da!s a+ter t&e da! o+ ele%tion #% is t&e 7nd T,esda! o+ B,neD4 open all t&e %erti+i%ates in t&e presen%e o+ t&e *enate and .o,se o+ Representatives in <oint p,li% session4 and t&e Congress4 ,pon deter2ination o+ t&e a,t&enti%it! and d,ee3e%,tion t&ereo+ in t&e 2anner provided ! la#4 %anvass i"e"4 tall! t&e %erti+i%ates o+ %anvassDt&e votes"

T&e persons &aving t&e &ig&est n,2er o+ votes s&all e pro%lai2ed ele%ted4 ,t in%ase t#o or 2ore s&all &ave an e,al and &ig&est n,2er o+ votes tieD4 one o+ t&e2 s&all+ort& #it& e %&osen ! t&e vote o+ a 2a<orit! o+ all t&e 2e2ers o+ Congress4 votingseparatel!"

T&e Congress s&all pro2,lgate its r,les +or t&e %anvassing o+ t&e %erti+i%ates"T&e *,pre2e Co,rt4 sitting en banc4 s&all e t&e sole <,dge o+ all %ontests relating to

t&e ele%tion4 ret,rns4 and ,ali+i%ations o+ t&e President4 or Vi%ePresident4 and 2a!pro2,lgate its r,les +or t&e p,rpose"

*lection and -erm of President

&e0ular *lection and -erm

-he President and Vice%President 1!ho shall be elected !ith and in the same manner as thePresident5 shall be elected by direct vote of the people for a term of 3 years2 !hich shall be0in onthe noon of June F ne8t follo!in0 the day of election. -he re0ular election for President and Vice%President shall be held on the 4nd Monday of May. 1'rt. V,,2 Sec. ; pars. " A 5.

-he si8 year term for the incumbent President and Vice% President elected in the >ebruary<2 "#=3 election is2 for purposes of synchronization of elections2 hereby e8tended to noon of JuneF2 "##4. -he first re0ular elections for the President and Vice%President under this Constitutionshall be held on the 4nd Monday of May2 "##4. 1'rt. HV,,,2 Sec. $.5

,n ,n re Saturnino Bermudez2 ";$ SC&' "3F2 the SC held that the Dincumbent Presidentand Vice%PresidentD referred to above are Pres. Corazon ':uino and Vice%President Salvador aurel 1even if they !ere not the ones declared by the Batasan0 Pambansa as the !inners of the>ebruary <2 "#=3 Snap *lection5.

Special *lection and -erm

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,f a vacancy occurs in the offices of President and Vice% President more than "= months before the date of the ne8t re0ular presidential election2 a special election to elect the President andVice%President shall be called by Con0ress2 pursuant to V,,2 "F. 1See discussion under ther Po!ers of Con0ress2 supra and Succession2 infra.5

' conditional resi0nation by the incumbent President is not a real resi0nation that creates avacancy for the purpose of callin0 a special election. But in the Philippine Bar 'ssociation2 ,nc. vCM**C2 ";F SC&' ;$$2 the failure of the SC to issue an in?unction on time is already adecision in itself in favor of the validity of the la! callin0 for Snap *lections despite the absence of vacancy7 only2 it is a decision that is not supported by a ratio decidendi. ,ndeed2 a midtermelection in a presidential system of 0overnment in response to popular clamor for it2 is a le0alanomaly.

PB' V. CM**C2 ";F SC&' ;$$ 1"#=$5.%% ;alidit" of nap 2lection for President and ;ice@President.

Suits :uestionin0 the validity of BP ==2 callin0 a special election for Pres. and Vice%Pres.on >eb. <2 "#=3. -he la! !as enacted follo!in0 the letter of Pres. Marcos to the BP that he !asDirrevocably vacatin0 the position of Pres. effective only !hen the election is held and after the!inner is proclaimed and :ualified as Pres. by ta9in0 his oath of office ten days after his proclamation.D -he principal 0round for the challen0e to the validity of the statute !as that theconditional resi0nation of the Pres. did not create a vacancy re:uired by 'rt. V,,2 Sec. # 1no! 'rt.V,,2 Sec. =5 !@c authorized the callin0 of a special election.

'fter deliberatin02 < Justices voted to /,SM,SS. n the other hand2 $ Justices voted to/*C'&* the statute unconstitutional. ,n accordance !@ Javellana v. *8ecutive Sec.2 $F SC&'";" 1"#<52 J. -eehan9ee !as of the vie! that as there !ere less than ten votes for declarin0 BP== unconstitutional2 the petitions should be dismissed.

+o opinion !as delivered. VV"

-he Constitution is silent as to !hether the persons elected in the special election shallserve only for the une8pired portion of the term2 and !hether the ne! President can run for re%election if he has not served more than ; years2 !hich depends on the construction of the phraseDhas succeeded as the President2D discussed in the ne8t section. VV6 nly une8pired portion.

&e%election

-he President shall not be eli0ible for any re%election. >urthermore2 no person !ho hasDsucceededD as President and has served as such for more than ; years2 shall be :ualified for anyelection to the same office 1the Presidency5 at any time. 1'rt. V,,2 Sec. ;2 par. "5

-he person !ho succeeds as President and not ?ust in an actin0 capacity2 could either be 1i5the Vice%President2 or 1ii5 one !ho !as elected President in a special election. ,n both cases2 if hehas served for more than ; years2 he is ineli0ible for re%election as President.

,f he served for ; years or less2 he can run for re% election2 it is submitted2 since 1a5 theterm DsucceededD encompasses election and 1b5 the 0eneral rule prohibitin0 the President to run for re%election refers to the President elected durin0 the re0ular election. >urthermore2 it is submittedthat this person may resi0n on the ;th year so as to be :ualified to run for President2 since there isnothin0 in the Constitution that prohibits this.

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,n vie! of the !ordin0 of 'rt. HV,,2 Sec. $2 ho!ever2 President ':uino can run for the"##4 election as President !ithout violatin0 the rule a0ainst re%election since the >ebruary <2 "#=<election !as not conducted under the present Constitution2 the "##4 Presidential election bein0 theDfirst re0ular electionsD to be held under this Constitution. >urthermore2 althou0h she may haveserved for more than ; years as President by then2 she !ill have done so not as successor to thePresidency. ,f Vice%President aurel is the one !ho serves as President for more than ; years2 then

he cannot run for the Presidency in "##4.

-he Vice%President on the other hand2 shall not serve for more than 4 successive terms.'nd for this purpose2 a voluntary 1but not involuntary5 renunciation of office for any len0th of time2 shall not be considered an interruption in the continuity of the service for the full terms for !hich he !as elected. 1'rt. V,,2 Sec. ;2 par. 45. -his is applicable2 ho!ever2 be0innin0 "##42 because of the -ransitory Provisions. 1-his prohibition is similar to that applicable to Senators.5Canvassin0 of *lection &eturns

's already noted in the ther Po!ers of the e0islature2 supra2 it is the Con0ress that actsas Board of Canvassers of every election for President and Vice%President. -he provision reads6

D-he returns of every election for President and Vice%President dulycertified by the Board of Canvassers of each province or city2 shall be submitted tothe Con0ress2 directed to the President of the Senate. Upon receipt of thecertificates of canvass2 the President of the Senate shall2 not later than F days after the date of the election2 open all the certificates in the presence of the Senate and theouse of &epresentatives in a ?oint public session2 and the Con0ress2 upon deter%mination of the authenticity and due e8ecution thereof2 in the manner provided byla!2 canvass the votes.

-he person havin0 the hi0hest number of votes shall be proclaimedelected2 but in case 4 or more shall have an e:ual and hi0hest number of votes2 oneof them shall forth!ith be chosen by the vote of a ma?ority of all the members of theCon0ress2 votin0 separately.

-he Con0ress shall promul0ate its rules for the canvassin0 of thecertificates.D 1'rt. V,,2 Sec. ;2 pars. ; % 35.

*lectoral -ribunal for the *lection of the President and Vice% President

-he Supreme Court2 sittin0 en banc2 shall be the sole ?ud0e of all contests relatin0 to theelection2 returns2 and :ualifications of the President or Vice%President2 and may promul0ate itsrules for that purpose. 1'rt. V,,2 Sec. ;2 par. <.5

+ote that !hile election controversies in the Con0ress are under the e8clusive ?urisdictionof their respective *lectoral -ribunals2 those in the *8ecutive are under the Supreme Court itself.

ath of ffice

Art" VII4 *e%" ;" $e+ore t&e! enter on t&e e3e%,tion o+ t&eir o++i%e4 t&e President4 t&eVi%ePresident or t&e A%ting President s&all tae t&e +ollo#ing oat& or a++ir2ation-

GI do sole2nl! s#ear or a++ir2D t&at I #ill +ait&+,ll! and%ons%ientio,sl! +,l+ill 2! d,ties as President or Vi%ePresident or A%tingPresidentD o+ t&e P&ilippines4 preserve and de+end its Constit,tion4 e3e%,te its

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la#s4 do <,sti%e to ever! 2an4 and %onse%rate to 2!sel+ to t&e servi%e o+ t&e)ation" *o &elp 2e 0od"G In %ase o+ a++ir2ation4 last senten%e #ill eo2itted"D

b. Privile0e and salary

Art" VII4 *e%" 6" T&e President s&all &ave an o++i%ial residen%e" T&e salaries o+ t&ePresident and Vi%ePresident s&all e deter2ined ! la# and s&all not e de%reased d,ringt&eir ten,re" )o in%rease in said %o2pensation s&all tae e++e%t ,ntil a+ter t&e e3piration o+ t&eter2 o+ t&e in%,2ent d,ring #&i%& s,%& in%rease #as approved" T&e! s&all not re%eivedd,ring t&eir ten,re an! ot&er e2ol,2ent +ro2 t&e 0overn2ent or an! ot&er so,r%e"

-he salaries of the President and Vice%President shall be determined by la!. Unless theCon0ress provides other!ise2 the President shall receive an annual salary of P FF2FFF and theVice%President2 the salary of P 4;F2FFF.

c. Prohibitions

Art" VII4 *e%" 18" T&e President4 Vi%ePresident4 t&e Me2ers o+ t&e Cainet4 andt&eir dep,ties or assistants s&all not4 ,nless ot&er#ise provided in t&is Constit,tion4 &old an!ot&er o++i%e or e2plo!2ent d,ring t&eir ten,re" T&e! s&all not4 d,ring said ten,re4 dire%tl! orindire%tl! pra%ti%e an! ot&er pro+ession4 parti%ipate in an! ,siness4 or e +inan%iall!interested in an! %ontra%t #it&4 or in an! +ran%&ise4 or spe%ial privilege granted ! t&e0overn2ent or an! s,division4 agen%! or instr,2entalit! t&ereo+4 in%l,ding govern2ento#ned or %ontrolled %orporations or t&eir s,sidiaries" T&e! s&all stri%tl! avoid %on+li%t o+ interest in t&e %ond,%t o+ t&eir o++i%e"

T&e spo,se and relatives ! %onsang,init! or a++init! #it&in t&e +o,rt& %ivil degree o+ t&e President s&all not d,ring &is ten,re e appointed as Me2ers o+ t&e Constit,tionalCo22issions4 or t&e O++i%e o+ t&e O2,ds2an4 or as *e%retaries4 Underse%retaries4 %&air2enor &eads o+ ,rea,s or o++i%es4 in%l,ding govern2ento#ned or %ontrolled %orporations andt&eir s,sidiaries"

Prohibition a0ainst the President2 Vice%President2 members of the Cabinet2 and their deputies or assistants

1a5 -hey shall not hold any other office or employment durin0 their tenure2 unlessother!ise provided by this Constitution

,n Civil iberties Union vs *8ecutive Secretary2 "#; SC&' "<2 the petitioner challen0ed*8. rder +o. 4=; !hich in effect allo!ed Cabinet members2 their undersecretaries and asst. secre%taries and other appointive officials of the *8ecutive /epartment to hold other positions in the0ovt.2 albeit2 sub?ect of the limitations imposed therein. -he respondents2 in refutin0 the petitionersE ar0ument that the measure !as violative of 'rt. V,,,2 Sec. "2 invo9ed 'rt. ,H%B2 Sec.<2 allo!in0 the holdin0 of multiple positions by the appointive official if allo!ed by la! or by the pressin0 functions of his positions.

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,n declarin0 the * unconstitutional2 the SC held that by ostensibly restrictin0 the no. of positions that Cabinet members2 undersecretaries or asst. secretaries may hold in addition to their primary position to not more than 4 positions in the 0ovt. and )Cs2 * 4=; actually allo!sthem to hold multiple offices or employment in direct contravention of the e8press mandate of 'rt.V,,,2 Sec. " prohibitin0 them from doin0 so2 unless other!ise provided in the "#=< Constitutionitself.

,f ma8imum benefits are to be derived from a dept. headEs ability and e8pertise2 he should be allo!ed to attend to his duties and responsibilities !ithout the distraction of other 0ovt. officesor employment.

Civil iberties Union 1CU5 v *8ecutive Secretary2 "#; SC&' "< 1"##"5

>6 the petitioner challen0ed *8. rder +o. 4=; !hich in effect allo!ed Cabinet members2 their undersecretaries and asst. secretaries and other appointive officials of the *8ecutive /epartment to holdother positions in the 0ovt.2 albeit2 sub?ect of the limitations imposed therein. -he respondents2 inrefutin0 the petitionersE ar0ument that the measure !as violative of 'rt. V,,,2 Sec. "2 invo9ed 'rt. ,H%B2Sec. <2 allo!in0 the holdin0 of multiple positions by the appointive official if allo!ed by la! or by the

pressin0 functions of his positions.

*/6 By ostensibly restrictin0 the no. of positions that Cabinet members2 undersecretaries or asst. secretaries may hold in addition to their primary position to not more than 4 positions in the0ovt. and )Cs2 * 4=; actually allo!s them to hold multiple offices or employment in directcontravention of the e8press mandate of 'rt. V,,,2 Sec. " prohibitin0 them from doin0 so2 unlessother!ise provided in the "#=< Constitution itself. ,f ma8imum benefits are to be derived from adept. headEs ability and e8pertise2 he should be allo!ed to attend to his duties and responsibilities!ithout the distraction of other 0ovt. offices or employment.

888-he stricter prohibition applied to the Pres. and his official family under Sec. "2 'rt. V,,

as compared to the prohibition applicable to appointive officials in 0eneral under 'rt. ,H2 B2 Sec.<2 par. 4 are proof of the intent of the "#=< Consti. to treat them as a class by itself and to imposeupon said class stricter prohibions.

-hus2 !hile all other appointive officials in the civil service are allo!ed to hold other officeor employment in the 0ovt durin0 their tenure !hen such is allo!ed by la! or by the primaryfunctions of their positions2 members of the Cabinet2 their deputies and assistants may do so only!hen e8pressly authorized by the Consti. itself. 888

o!ever2 the prohibition a0ainst holdin0 dual or multiple offices or employment under 'rt.V,,2 Sec. " must not be construed as applyin0 to posts occupied by the *8ecutive officialsspecified therein !@o addition compensation in an e-@officio capacity as provided by la! and asre:uired by the primary functions of said officialEs office. -he reason is that these posts do notcomprise Dany other officeD !@in the contemplation of the constitutional prohibition but are properly an imposition of additional duties and function on said officials. Adapted"

1b5 -hey shall not practice any other profession.

1c5 -hey shall not participate in any business.

1d5 -hey shall not be financially interested in any contract !ith2 or in any franchise or special privile0e 0ranted.

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Compare Prohibitions a0ainst other officials

Art" VI4 *e%" 18" )o *enator or Me2er o+ t&e .o,se o+ Representatives 2a! &oldan! ot&er o++i%e or e2plo!2ent in t&e 0overn2ent4 or an! s,division4 agen%!4 or

instr,2entalit! t&ereo+4 in%l,ding govern2ent o#ned or %ontrolled %orporations or t&eirs,sidiaries4 d,ring &is ter2 #it&o,t +or+eiting &is seat" )eit&er s&all &e e appointed to an!o++i%e #&i%& 2a! &ave een %reated or t&e e2ol,2ents t&ereo+ in%reased d,ring t&e ter2 +or#&i%& &e #as ele%ted"

Art" I>4 A4 *e%" 7" )o Me2er o+ a Constit,tional Co22ission s&all4 d,ring &isten,re4 &old an! ot&er o++i%e or e2plo!2ent" )eit&er s&all &e engage in t&e pra%ti%e o+ an!pro+ession or in t&e a%tive 2anage2ent or %ontrol o+ an! ,siness #&i%& in an! #a! 2a! ea++e%ted ! t&e +,n%tions o+ &is o++i%e4 nor s&all &e e +inan%iall! interested4 dire%tl! orindire%tl!4 in an! %ontra%t #it&4 or in an! +ran%&ise or privilege granted ! t&e 0overn2ent4an! o+ its s,divisions4 agen%ies4 or instr,2entalities4 in%l,ding govern2ento#ned or%ontrolled %orporations or t&eir s,sidiaries"

Art" I>4 $4 *e%" ?" )o ele%tive o++i%ial s&all e eligile +or appoint2ent ordesignation in an! %apa%it! to an! p,li% o++i%e or position d,ring &is ten,re"

Unless ot&er#ise allo#ed ! la# or ! t&e pri2ar! +,n%tions o+ &is position4 noappointive o++i%ial s&all &old an! ot&er o++i%e or e2plo!2ent in t&e 0overn2ent or an!s,division4 agen%! or instr,2entalit! t&ereo+4 in%l,ding govern2ento#ned or %ontrolled%orporations or t&eir s,sidiaries"

Art" VIII4 *e%" 17" T&e Me2ers o+ t&e *,pre2e Co,rt and o+ ot&er %o,rtsestalis&ed ! la# s&all not e designated to an! agen%! per+or2ing ,asi<,di%ial orad2inistrative +,n%tions"

*8ceptions to rule prohibitin0 e8ecutive officials from holdin0 additional positions6

a. President

1"5 -he President can assume a Cabinet post2 1because the departments are meree8tensions of his personality2 accordin0 to the 0octrine of Aualified Political *genc"2 so noob?ection can be validly raised based on 'rt. V,,2 Sec. ".5

145 -he President is the Chairman of +*/'. 1'rt. H,,2 Sec. #5

b. Vice%President

Art" VII4 *e%" 8" 333T&e Vi%ePresident 2a! e appointed as 2e2er o+ t&e Cainet" *,%& appoint2ent

re,ires no %on+ir2ation"

c. Cabinet

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1"5 -he Secretary of Justice shall be an e-@officio member of the Judicial and Bar Council.1'rt. V,,,2 Sec. =L"5

45 Unless other!ise allo!ed by la! or by the primary functions of his position2 appointiveofficials shall not hold any other office or employment in the )overnment or any subdivision2a0ency or instrumentality thereof2 includin0 0overnment% o!ned or controlled corporations or their

subsidiaries. 1'rt. ,H2 B2 <2 par. 45

'rt. V,,2 Sec. " tal9s of Dunless other!ise provided by the Constitution.D ,n the case of Cabinet members2 this refers to 'rt. ,H2 B2 <2 par. 4. -hus2 the Constitution allo!s a Cabinetmember to hold another office provided either 1"5 such is necessitated by the primary functions of his position 1e.0. Secretary of -rade and ,ndustry as Chairman of +/C2 Secretary of '0rarian&eform as Chairman of the and Ban952 or 1ii5 is allo!ed by la!. -he validity of * 4=; allo!in0members of the Cabinet and their Under%Secretaries to hold 4 additional offices !as decided in thecase of CU vs *8ec. Secretary.

d. Succession

1"5 't the be0innin0 of term

Art" VII4 *e%" ?" T&e Presidentele%t and t&e Vi%ePresident ele%t s&all ass,2e o++i%eat t&e eginning o+ t&eir ter2s"

333

-his provision refers to the President and Vice%President elected in the re0ular election2 andso the term referred to be0ins on June F ne8t follo!in0 the election on the 4nd Monday of "##42and every 3 years thereafter.

Vacancy in the Presidency

-here are t!o sets of rules on succession2 dependin0 on !hether the vacancy too9 place before the be0innin0 of the term on June F2 or durin0 the pendency of the terms that commenceson June F. 1-he cut%off point is unsettled. ne vie! is that the cut%off is noon of June F2 ase8pressed in 'rt. V,,2 Sec. ;2 par. ". -he other vie! is that the cut%off is midni0ht of June 4# !henJune F be0ins.5

'. -emporary or permanent vacancy in the Presidency before the term

". ,f the President%elect cannot assume his post at the be0innin0 of his term because i5 hehas not :ualified as yet 1 e.0. he had an operation and so he could not ta9e his oath of office onJune F52 ii5 or a President has not been DchosenD and :ualified as yet 1e.0. there is a tie andCon0ress has not yet bro9en the tie52 then the Vice%President shall act as President until thePresident%elect shall have :ualified2 or shall have been Dchosen6 and :ualified2 as the case may be.1'rt. V,,2 Sec. <2 pars. 4 A 5.

Art" VII4 *e%" ?" 333

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I+ t&e Presidentele%t +ails to ,ali+!4 t&e Vi%ePresidentele%t s&all a%t as President,ntil a President s&all &ave een %&osen and ,ali+ied"

I+ a President s&all not &ave een %&osen4 t&e Vi%ePresidentele%t s&all a%t asPresident ,ntil a President s&all &ave een %&osen and ,ali+ied"

333

4. ,f the President%elect i5 dies2 or ii5 becomes permanently disabled Dat the be0innin0 of the term of the PresidentD 1i.e.2 before the term52 then the Vice%President elect shall become thePresident. 1 Id .2 par. ;5

Art" VII4 *e%" ?" 333333333I+ at t&e eginning o+ t&e ter2 o+ t&e President4 t&e Presidentele%t s&all &ave died or

s&all &ave e%o2e per2anentl! disaled4 t&e Vi%ePresidentele%t s&all e%o2e President"

. ,f both President and Vice%President 1i5 have not been DchosenD or 1ii5 have not:ualified2 or 1iii5 die2 or 1iv5 become permanently disabled2 then the President of the Senate2 or incase of his inability2 the Spea9er of the ouse2 shall act as President until a President or a Vice%President shall have been DchosenD and :ualified. 1par. $5

Art" VII4 *e%" ?" 333W&ere no President and Vi%ePresident s&all &ave een %&osen or s&all &ave ,ali+ied4

or #&ere ot& s&all &ave died or e%o2e per2anentl! disaled4 t&e President o+ t&e *enate or4in %ase o+ &is inailit!4 t&e *peaer o+ t&e .o,se o+ Representatives s&all a%t as President ,ntila President or a Vi%ePresident s&all &ave een %&osen and ,ali+ied" par" ; t&ereo+"D

,n case both the President of the Senate and the Spea9er of the ouse are unable to act asPresident2 then Con0ress shall by la!2 provide for the Dmanner of selectin0D the one !ho !ill act as

President until a President of Vice%President shall have 1been either DchosenD or DelectedD pursuantto the special election referred to in V,,2 "F2 and :ualified.

Art" VII4 *e%" ?" 333T&e Congress s&all4 ! la#4 provide +or t&e 2anner in #&i%& one #&o is to a%t as

President s&all e sele%ted ,ntil a President or a Vi%ePresident s&all &ave ,ali+ied4 in %ase o+ deat&4 per2anent disailit!4 or inailit! o+ t&e o++i%ials 2entioned in t&e ne3t pre%edingparagrap&" par" 6 t&ereo+"D

Art" VII4 *e%" 1=" T&e Congress s&all4 at ten oK%lo% in t&e 2orning o+ t&e t&ird da!a+ter t&e va%an%! in t&e o++i%es o+ t&e President and Vi%ePresident o%%,rs4 %onvene ina%%ordan%e #it& its r,les #it&o,t need o+ a %all and #it&in seven da!s ena%t a la# %alling +or aspe%ial ele%tion to ele%t a President and a Vi%ePresident to e &eld not earlier t&an +ort!+iveda!s nor later t&an si3t! da!s +ro2 t&e ti2e o+ s,%& %all" T&e ill %alling s,%& spe%ial ele%tions&all e dee2ed %erti+ied ,nder paragrap& 74 *e%tion 764 Arti%le VI o+ t&is Constit,tion ands&all e%o2e la# ,pon its approval on t&ird reading ! t&e Congress" Appropriations +or t&espe%ial ele%tion s&all e %&arged against an! %,rrent appropriations and s&all e e3e2pt +ro2t&e re,ire2ents o+ paragrap& :4 *e%tion 7;4 Arti%le VI o+ t&is Constit,tion" T&e %onvening o+ t&e Congress %annot e s,spended nor t&e spe%ial ele%tion postponed" )o spe%ial ele%tion

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s&all e %alled i+ t&e va%an%! o%%,rs #it&in eig&teen 2ont&s e+ore t&e date o+ t&e ne3tpresidential ele%tion"

145 /urin0 term

Art" VII4 *e%" " In %ase o+ deat&4 per2anent disailit!4 re2oval +ro2 o++i%e4 orresignation o+ t&e President4 t&e Vi%ePresident s&all e%o2e t&e President to serve t&e,ne3pired ter2" In %ase o+ deat&4 per2anent disailit!4 re2oval +ro2 o++i%e4 or resignation o+ ot& t&e President and Vi%ePresident4 t&e President o+ t&e *enate or4 in %ase o+ &is inailit!4t&e *peaer o+ t&e .o,se o+ Representatives4 s&all t&en a%t as President ,ntil t&e President orVi%ePresident s&all &ave een ele%ted and ,ali+ied"

T&e Congress s&all4 ! la#4 provide #&o s&all serve as President in %ase o+ deat&4per2anent disailit!4 or resignation o+ t&e A%ting President" .e s&all serve ,ntil t&e Presidentor t&e Vi%ePresident s&all &ave een ele%ted and ,ali+ied4 and e s,<e%t to t&e sa2erestri%tions o+ po#ers and dis,ali+i%ations as t&e A%ting President"

B. Permanent Vacancy in the Presidency durin0 the term

". ,n case of the PresidentEs 1i5 death 1ii5 permanent disability2 1iii5 removal from office 1theonly !ay is by impeachment52 or 1iv5 resi0nation2 the Vice%President shall become President for theune8pired portion of the term. 1par. "5

4. ,n case of both the PresidentEs and Vice%PresidentEs death2 permanent disability2removal from office 1by impeachment52 or resi0nation2 then the Senate President or2 in case of hisinability2 the Spea9er of the ouse2 shall act as President until the President or Vice%President shallhave been DelectedD 1pursuant to the special election in 'rt. V,,2 Sec. "F5 and :ualified. 1par. ".5

Ghen the 'ctin0 President 1i.e.2 the Senate President2 or Spea9er of the ouse5 dies2 becomes permanently disabled2 or resi0ns 1but is not removed2 because there is no need to impeachhim2 his stay bein0 temporary52 then the Con0ress shall by la!2 provide D!hoD shall be 'ctin0President until the President or Vice%President shall have been DelectedD 1pursuant to the specialelection in 'rt. V,,2 Sec. "F5 and :ualified. -his 'ctin0 President shall be sub?ect to the samerestrictions of po!ers and dis:ualifications.1par. 45

Comparisons and distinctions bet!een the t!o vacancies6

a5 -he incumbent President never holds%over the Presidency in any case.

b5 -he vacancy must occur in the offices of both the President and Vice%President in order for the Senate President2 or the Spea9er2 or2 in their inability2 the one provided to succeed accordin0to the a! of Succession passed by the Con0ress2 to succeed as 'ctin0 President until the:ualification of the President.

c5 -he a! on Succession must be passed by the Con0ress in both cases in the event thatthe President2 Vice%President2 Senate President and the Spea9er are all unable to act as President.But in the case of a vacancy occurrin0 before the term2 the la! provides only for the Dmanner of

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selectin0D the 'ctin0 President2 !hile in the case of a vacancy occurrin0 durin0 the term2 it provides for Dthe personD !ho shall act as President. ,n both cases2 the stint of the 'ctin0 Presidentis temporary.

d5 Ghen the vacancy comes before the term2 the Constitution tal9s of the successor actin0as President until a President has been DchosenD and D:ualifiedD7 !hen it comes durin02 it tal9s of

DelectedD and :ualified. -he reason is that before the term2 the vacancy in the Presidency need not be filled up by election2 since it may be filled up by a vote of Con0ress in case of a tie 1'rt. V,,2Sec. ;2 par. $57 but durin0 the term2 the only !ay to fill up the vacancy is by special election.

e5 ' special election in both cases is held2 pursuant to 'rt. V,,2 Sec. "F2 only !hen bothoffices of President and Vice%President are vacant. o!ever2 if the vacancy occurs before the term2the 0rounds are limited to 4 1death and permanent disability or both52 !hile if the vacancy occursdurin0 the term2 the 0rounds are ; 1death2 permanent disability2 removal2 and resi0nation5.

f5 -he vacancy that occurs before the term of office may be temporary or permanent7 thevacancy that occurs durin0 the term of office can only be a permanent one. -hus2 a different set of rules applies2 to be discussed ne8t follo!in02 in case of the temporary inability of the Presidentdurin0 the term of office.

Art" VII4 *e%" 1=" T&e Congress s&all4 at ten oK%lo% in t&e 2orning o+ t&e t&ird da!a+ter t&e va%an%! in t&e o++i%es o+ t&e President and Vi%ePresident o%%,rs4 %onvene ina%%ordan%e #it& its r,les #it&o,t need o+ a %all and #it&in seven da!s ena%t a la# %alling +or aspe%ial ele%tion to ele%t a President and a Vi%ePresident to e &eld not earlier t&an +ort!+iveda!s nor later t&an si3t! da!s +ro2 t&e ti2e o+ s,%& %all" T&e ill %alling s,%& spe%ial ele%tions&all e dee2ed %erti+ied ,nder paragrap& 74 *e%tion 764 Arti%le VI o+ t&is Constit,tion ands&all e%o2e la# ,pon its approval on t&ird reading ! t&e Congress" Appropriations +or t&espe%ial ele%tion s&all e %&arged against an! %,rrent appropriations and s&all e e3e2pt +ro2t&e re,ire2ents o+ paragrap& :4 *e%tion 7;4 Arti%le VI o+ t&is Constit,tion" T&e %onvening o+ t&e Congress %annot e s,spended nor t&e spe%ial ele%tion postponed" )o spe%ial ele%tion

s&all e %alled i+ t&e va%an%! o%%,rs #it&in eig&teen 2ont&s e+ore t&e date o+ t&e ne3tpresidential ele%tion"

15 ,n case of temporary disability

'rt. V,,2 Secs. ""%"4

Art" VII4 *e%" 11" W&enever t&e President trans2its to t&e President o+ t&e *enateand t&e *peaer o+ t&e .o,se o+ Representatives &is #ritten de%laration t&at &e is ,nale todis%&arge t&e po#ers and d,ties o+ &is o++i%e4 and ,ntil &e trans2its to t&e2 a #rittende%laration to t&e %ontrar!4 s,%& po#ers and d,ties s&all e dis%&arged ! t&e Vi%ePresidentas A%ting President"

W&enever a 2a<orit! o+ all t&e Me2ers o+ t&e Cainet trans2it to t&e President o+ t&e *enate and to t&e *peaer o+ t&e .o,se o+ Representatives t&eir #ritten de%laration t&att&e President is ,nale to dis%&arge t&e po#ers and d,ties o+ &is o++i%e4 t&e Vi%ePresidents&all i22ediatel! ass,2e t&e po#ers and d,ties o+ t&e o++i%e as A%ting President"

T&erea+ter4 #&en t&e President trans2its to t&e President o+ t&e *enate and to t&e*peaer o+ t&e .o,se o+ Representatives &is #ritten de%laration t&at no inailit! e3ists4 &es&all reass,2e t&e po#ers and d,ties o+ &is o++i%e" Mean#&ile4 s&o,ld a 2a<orit! o+ all t&eMe2ers o+ t&e Cainet trans2it #it&in +ive da!s to t&e President o+ t&e *enate and to t&e

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*peaer o+ t&e .o,se o+ Representatives t&eir #ritten de%laration t&at t&e President is ,naleto dis%&arge t&e po#ers and d,ties o+ &is o++i%e4 t&e Congress s&all de%ide t&e iss,e" (or t&atp,rpose4 t&e Congress s&all %onvene4 i+ it is not in session4 #it&in +ort!eig&t &o,rs4 ina%%ordan%e #it& its r,les and #it&o,t need o+ %all"

I+ t&e Congress4 #it&in ten da!s a+ter re%eipt o+ t&e last #ritten de%laration4 or i+ notin session4 #it&in t#elve da!s a+ter it is re,ired to asse2le4 deter2ines ! a t#ot&irds vote

o+ ot& .o,ses4 voting separatel!4 t&at t&e President is ,nale to dis%&arge t&e po#ers andd,ties o+ &is o++i%e4 t&e Vi%ePresident s&all a%t as PresidentH ot&er#ise4 t&e President s&all%ontin,e e3er%ising t&e po#ers and d,ties o+ &is o++i%e"

C. -emporary Vacancy in the Presidency durin0 the term 1'rt. V,2 Sec. ""2 supra5

' vacancy in the Presidency arisin0 from his disability can occur in any of the follo!in0!ays6

". ' !ritten declaration by the President

4. Gritten declaration by the Cabinet

. >indin0 by Con0ress by 4@ vote that the President is disabled.

,n all these cases2 the Vice%President temporarily acts as the President.

Voluntary declaration of inability by President

a. Ghen the President transmits to the Senate President and the Spea9er his !rittendeclaration that he is unable to dischar0e the po!ers and duties of his office2 such po!ers andduties shall be dischar0ed by the Vice%President as 'ctin0 President.

b. -he Vice%President shall so act until the President transmits to the Senate President and

the Spea9er a !ritten declaration that he is no lon0er unable to dischar0e his office.

Contested inability of the President

a. Ghen ma?ority of all the members of the Cabinet transmit to the Senate President andSpea9er their !ritten declaration that the President is unable to dischar0e his office2 then the Vice%President shall immediately assume the Presidency in an actin0 capacity.

b. -he President can contest this by sendin0 his o!n !ritten declaration to the SenatePresident and Spea9er2 that no inability e8ists. Upon such transmittal2 the President shallautomatically assume his office.

c. Should the ma?ority of the Cabinet insist on their ori0inal stand by transmittin0 a second!ritten declaration of the PresidentEs inability !ithin $ days from resumption of office of thePresident2 then Con0ress shall step in.

d. Upon receipt of this second declaration by the Cabinet2 Con0ress shall convene2 if it isnot in session2 !ithin ;= hours2 !ithout need of call2 in accordance !ith its rules. 1,f it is alreadyin session2 it must meet ri0ht a!ay2 as 0limpsed from the fact that they only have "F days to decide2!hereas if it is not in session2 it must convene in 4 days and decide before the "4th day.5

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e. Con0ress shall determine the PresidentEs inability !ithin "F days after receipt of thesecond !ritten declaration by the Cabinet if it is in session2 or !ithin "4 days after it is re:uired toassemble by its respective presidin0 officer if it is not in session.

f. ,f the President2 by a 4@ vote of both houses votin0 separately2 determined to beDunableD to dischar0e his office2 then the Vice%President shall act as President. ,f less than 4@ find

him unable2 then the President shall continue e8ercisin0 the po!ers and duties of his office.

Serious ,llness of the President

Art" VII4 *e%" 17" In %ase o+ serio,s illness o+ t&e President4 t&e p,li% s&all ein+or2ed o+ t&e state o+ &is &ealt&" T&e 2e2ers o+ t&e Cainet in %&arge o+ national se%,rit!and +oreign relations and t&e C&ie+ o+ *ta++ o+ t&e Ar2ed (or%es o+ t&e P&ilippines4 s&all not edenied a%%ess to t&e President d,ring s,%& illness"

e. &emoval

'rt. H,2 Secs. 4%



7D A veri+ied %o2plaint +or i2pea%&2ent 2a! e +iled ! an! Me2er o+ t&e .o,seo+ Representatives or ! an! %iti5en ,pon resol,tion o+ endorse2ent ! an! Me2er t&ereo+4#&i%& s&all e in%l,ded in t&e Order o+ $,siness #it&in ten session da!s4 and re+erred to t&eproper Co22ittee #it&in t&ree session da!s t&erea+ter" T&e Co22ittee4 a+ter &earing4 and !a 2a<orit! vote o+ all its Me2ers4 s&all s,2it its report to t&e .o,se #it&in si3t! sessionda!s +ro2 s,%& re+erral4 toget&er #it& t&e %orresponding resol,tion" T&e resol,tion s&all e%alendared +or %onsideration ! t&e .o,se #it&in ten session da!s +ro2 re%eipt t&ereo+"


:D In %ase t&e veri+ied %o2plaint or resol,tion o+ i2pea%&2ent is +iled ! at least onet&ird o+ all t&e Me2ers o+ t&e .o,se4 t&e sa2e s&all %onstit,te t&e Arti%les o+ I2pea%&2ent4and trial ! t&e *enate s&all +ort&#it& pro%eed"



P')* 4FF




?D B,dg2ent in %ases o+ i2pea%&2ent s&all not e3tend +,rt&er t&an re2oval +ro2o++i%e and dis,ali+i%ation to &old an! o++i%e ,nder t&e Rep,li% o+ t&e P&ilippines4 ,t t&epart! %onvi%ted s&all nevert&eless e liale and s,<e%t to prose%,tion4 trial4 and p,nis&2enta%%ording to la#"

L' more detailed discussion on this topic can be found above under ther Po!ers of Con0ress6 ,mpeachment.

,nitiation Sta0e at the ouse of &epresentatives

a. >ilin0 of verified complaint for impeachment of the President or Vice%President2 on the0round of culpable violation of the Constitution2 treason2 bribery2 0raft and corruption2 other hi0hcrimes2 or betrayal of public trust.

b. ,nclusion of the complaint in the rder of Business !ithin "F session days.

c. &eferral of complaint to the Committee on Justice !ithin session days from itsinclusion.

d. earin02 votin02 and submission of report by the Committee !ithin 3F days fromreferral.

e. Placin0 on calendar of the Committee resolution !ithin "F days from submission.

f. /iscussion on the floor of the report2 then a vote by the membership of the ouse of &epresentatives.

0. ,f "@ vote to affirm a favorable resolution or override a contrary resolution2 the case isfor!arded to the Senate for trial.

-rial Sta0e at the Senate

a. -he Senators ta9e an oath or affirmation. -he Chief Justice of the Supreme Court presides over the trial2 but does not vote.

b. 'fter trial2 the Senators vote to convict or ac:uit. ' vote of "3 14@ of all the members5is re:uired to convict the President or Vice%President.

Post%trial

a. ,f the President is ac:uitted by the Senate2 he shall continue in office. +o impeachment proceedin0 can a0ain be initiated a0ainst him !ithin a period of one year.

b. ,f the President is impeached2 he shall be removed from office at once2 and shall bedis:ualified to hold any office in the &epublic. is criminal liability under 'rt. H,2 Sec. 1<5 may be sub?ect to him immunity from suit.

f. Po!ers and >unctions of the President

1"5 *8ecutive Po!er

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'rt. V,,2 Secs. " and "<

Art" VII4 *e%" 1" T&e e3e%,tive po#er s&all e vested in t&e President o+ t&eP&ilippines"

!d&4 *e%" 1?" T&e President s&all &ave %ontrol o+ all t&e e3e%,tive depart2ents4,rea,s4 and o++i%es" .e s&all ens,re t&at t&e la#s e +ait&+,ll! e3e%,ted"

-he e8ecutive function is essentially the duty to implement the la!s !ithin the standardsimposed by the le0islature. Under the Constitution2 this po!er is e8ercised by the President. -hus2!hen the Cabinet and other branches of the *8ecutive /epartment implement the la!2 they areactin0 under the control of the President.

Marcos vs Man0lapus "<< SC&' 33=2 "<= SC&' <3F

>6 -his is a petition for mandamus as9in0 the Court to order the respondents to issue traveldocuments to Mr. Marcos and his immediate family and to en?oin the implementation of the PresidentEsdecision to bar their return to the Philippines. -he issue is !hether or not2 in the e8ercise of e8ecutive po!er2 the President may prohibit the Marcoses from returnin0 to the Philippines.

-he Constitution provides that the e8ecutive po!er shall be vested in the President 1'rt. V,,2 Sec."5. o!ever2 it does not define !hat is meant by De8ecutive po!erD althou0h in the same article it toucheson the e8ercise of certain po!ers by the President2 i.e. the po!er of control over all e8ecutive depts.2 bureaus and offices2 the po!er to e8ecute the la!s2 the appointin0 po!er2 the po!ers under thecommander in chief clause2 the po!er to 0rant reprieves2 commutations2 pardons2 the po!er to 0rantamnesty !ith the concurrence of Con0ress2 the po!er to contract or 0uarantee forei0n loans2 the po!er toenter into treaties or international a0reements2 the po!er to submit the bud0et to con0ress and the po!er to address Con0ress. 1V,,2 Sec. ";%45

-he inevitable :uestion is !hether by enumeratin0 certain po!ers of the President2 did the

framers of the Constitution intend that the President shall e8ercise those specific po!ers and nootherK

'ccordin0 to the SC2 that althou0h the "#=< Constitution imposes limitations on thee8ercise of specific po!ers of the President2 it maintains intact !hat is traditionally considered as!ithin the scope of e8ecutive po!er. Corollarily2 the po!ers of the President cannot be said to belimited only to the specific po!er enumerated in the Constitution. ,n other !ords2 e8ecutive po!er is more than the sum of specific po!ers so enumerated.

,n this case2 the President has the po!er to bar the Marcoses from returnin0 to thePhilippines. She has the obli0ation to protect the people2 promote their !elfare and advance thenational interest. She has to balance the 0eneral !elfare and the common 0ood a0ainst the e8erciseof ri0hts of certain individuals. -he po!er involved is the PresidentEs residual po!er to protect the0eneral !elfare of the people. ,t is founded on the duty of the President2 as ste!ard of the people.

&esolution on Motion for &econsideration 6

,t cannot be denied that the President2 upon !hom e8ecutive po!er is vested2 has unstated residual powers !hich are implied from the 0rant of e8ecutive po!er and !hich are necessary for her to comply !ith her duties under the Constitution. -he po!ers of the President are not limitedto !hat are e8pressly enumerated in the article on the *8ecutive /epartment and in scattered provi%sions of the Constitution. Adapted"

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7D Control o+ e3e%,tive depart2ents

Art" VII4 *e%" 1?" T&e President s&all &ave %ontrol o+ all t&e e3e%,tive depart2ents4,rea,s4 and o++i%es" .e s&all ens,re t&at t&e la#s e +ait&+,ll! e3e%,ted"

DControlD is the po!er to substitute oneEs o!n ?ud0ment in that of a subordinate.

Under the 1ualified political agenc" doctrine2 the different e8ecutive departments are meread?uncts of the President. -he secretaries are the alter e0o of the President2 men of his bosomconfidence !hom he desi0nated to assist him in his other!ise physically impossible multifariousfunctions2 the e8tension of the President in the particular field in !hich they act. -heir acts are presumptively acts of the DPresident2 until countermanded or reprobated by himD. -he Presidentcan substitute his !ill over those of the secretaries2 and they cannot complain. >urthermore2 theyhold their office sub?ect to the discretion of the President2 !ho can replace them anytime once heloses his confidence in them.

-hus2 in Planas v )il2 since the Civil Service Commissioner2 then not an independent body2!as the alter e0o of the President2 and the President could investi0ate local officials2 the Commis%sioner could li9e!ise investi0ate them.

,n Villena v Secretary of the ,nterior2 the investi0ation of the Mayor of Ma9ati by theSecretary of the ,nterior !as deemed an investi0ation conducted by the President himself.

-he doctrine on the po!er of control remained unchan0ed in the ?urisprudence under the"#< Constitution. >ree -elephone Gor9ers Union vs Minister of abor 1"F= SC&' <$<5 hadoccasion to reemphasize its continuin0 validity. ere2 the po!er 0iven to the Minister of abor toassume ?urisdiction over a labor dispute affectin0 the national interest or to certify it for compulsory arbitration !as challen0ed as an undue dele0ation of a po!er !hich properly belon0ed

to the President. 'll that !as needed to settle the case !as to har9 bac9 to the Villena doctrine thatthe heads of ministries are alter e0os of the President. Under the presidential system2 all e8ecutiveand administrative or0anizations are ad?uncts of the *8ecutive /epartment2 the heads of thevarious e8ecutive departments are assistants and a0ents of the Chief *8ecutive and2 e8cept in cases!here the Chief *8ecutive is re:uired by the Constitution or the la! to act in person or thee8i0encies of the situation demand that he act personally2 the multifarious e8ecutive andadministrative functions of the Chief *8ecutive are performed and promul0ated in the re0ular course of business2 are2 unless disapproved or reprobated by the Chief *8ecutive2 presumptivelythe acts of the Chief *8ecutive. *ach head of a department is2 and must be2 the PresidentEs alter e0o in the matters of that department !here the President is re:uired by la! to e8ercise authority.-he President has the constitutional po!er of control and direction over such dept. heads andcabinet secretaries.

15 )eneral supervision of local 0overnments and autonomous re%0ions

Art" >4 *e%" :" T&e President s&all e3er%ise general s,pervision over lo%algovern2ents" 333

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Art" >4 *e%" 16" T&e President s&all e3er%ise general s,pervision over a,tono2o,sregions to ens,re t&at la#s are +ait&+,ll! e3e%,ted"

D)eneral supervisionD means the mere overseein0 of a subordinate to ma9e sure that theydo their duties under the la!. But this does not include the po!er to overrule their acts2 if these

acts are !ithin their discretion.

-he 0rant of mere supervisory po!er over local 0overnments and autonomous re0ions is inline !ith the policy of the State to promote the autonomy of local 0overnments and autonomousre0ions. -here can be no real local autonomy !hile the +ational )overnment controls the local0overnments.)anzon vs C' 4FF SC&' 4<"

-he petitioners :uestion the po!er of the President2 actin0 throu0h the Secretary of ocal)overnment2 to suspend and@or remove local officials.

,t is the considered opinion of the Court that not!ithstandin0 the chan0e in theconstitution2 the charter did not intend to divest the le0islature of its ri0ht %% or the President of her prero0ative as conferred by e8istin0 le0islation to provide administrative sanctions a0ainst localofficials. -he omission of Das may be provided by la!D 1Sec. ;2 'rt. H5 si0nifies nothin0 more thanto underscore local 0overnmentsE autonomy from Con0ress and to brea9 Con0ressE DcontrolD over local 0ovt. affairs. -he Constitution did not2 ho!ever2 intend for the sa9e of local autonomy2 todeprive the le0islature of all authority over municipal corporations2 in particular2 concernin0discipline.

Petitioners are under the impression that the Constitution has left the President meresupervisory po!ers2 !hich supposedly e8cludes the po!er of investi0ation2 and denied her control2!hich alle0edly embraces disciplinary authority. -his is a mista9en impression because le0allyDsupervisionD is not incompatible !ith disciplinary authority. Control has been defined as the power of an officer to alter( modif" or nullif" or set aside what a subordinate officer had done in

the performance of his duties and to substitute the 5udgment of the former for that of the latter.upervision on the other hand means overseeing or the power or authorit" of an officer to seethat subordinate officers perform their duties. Adapted"

1;5 Po!er of appointment

Cruz6 'ppointment may be defined as the selection2 by the authority vested !@ the po!er2 of anindividual !ho is to e8ercise the functions of a 0iven office.

-he po!er of appointment is2 accordin0 to the SC in Concepcion v Paredes2 the mosteminently e8ecutive po!er2 because it is throu0h his appointees that the President can e8ecutela!s.

-he po!er of appointment by the President under the "#=< Constitution has beensi0nificantly curbed. ,t can be classified as follo!s6

Wit& t&e %onsent o+ t&e Co22ission on Appoint2ents

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Members of the &e0ional Consultative Council in 'rt. H2 Sec. "= are accordin0 toSarmiento v Mison2 "$3 SC&' $;<2 supra. also sub?ect to confirmation by the C'2 because their appointment is vested in the President by the Constitution. But J. Mendoza disa0rees. >or unli9ethe Chairman and members of the Constitutional Commissions and the re0ular members of theJBC2 the Constitution in 'rt. H2 Sec. "= does not say that the appointment is sub?ect toconfirmation. 'lso2 the pattern in the Constitution sho!s that !here the nominees are already

screened either by JBC 1for ?ustices and ?ud0es5 or the multi%sectoral bodies 1&e0ional ConsultativeCouncil52 then there is no need for C' confirmation to prevent an over9ill. ,t is enou0h that thePresident made the appointment on the basis of nominations. ther!ise2 it !ould be too ri0id2considerin0 that the duty of the &CC is only to advise Con0ress on the autonomous act to beenacted.

/o bureau directors need confirmationK ,n Sarmiento v Mison 1/ec. "#=<52 the SC heldthat no they did not need to be confirmed. -he deliberations of the Con Con sho!ed that a draftsimilar to V,,2 "F of the "#$ Constitution2 !hich included bureau heads in the list of appointeesre:uirin0 confirmation2 !as introduced2 but upon motion2 bureau directors !ere omitted e8presslyfrom the draft because they !ere considered of lo! ran92 and so !ere thou0ht to be better shieldedfrom partisan politics.

But the SC added that of the ; cate0ories of public officers re:uirin0 confirmation2 the ;thmust be 0iven a restrictive construction because confirmation dero0ates the appointin0 po!er of the President. ,ndeed2 it said2 only a small class of officers needed confirmation.

,n sayin0 so2 ho!ever2 it did not try to e8plain certain anomalies that may arise from suchrestrictive interpretation6 1a5 ,f a colonel needed confirmation2 !hy not the Undersecretary of +ational /efense !ho has a hi0her ran9 as line officerK 1b5 ,f an ambassador needed confirmation2!hy not the Undersecretary of >orei0n 'ffairs !ho has a hi0her ran9K 1c5 Ghy not the CB 0over%nor !ho is so po!erful as to plun0e the country into ban9ruptcyK

Bautista vs Salon0a "<4 SC&' "3F

>6 Petitioner !as appointed Chairman of the Commission on uman &i0hts on "4@"<@==. She too9 her oath of office on "4@44 and thereafter entered into the dischar0e of her functions and duties. o!ever2on "@#@=#2 she !as as9ed by the Commission on 'ppointments to submit certain information anddocuments needed in the confirmation of her appointment. She refused to do so on the 0round that her appointment !as not sub?ect to confirmation. n "@";@=#2 the Pres. submitted petitionerEs ad interimappointment to the C'2 but2 considerin0 petitionerEs refusal to submit to the ?urisdiction of the C'2 the C'disapproved her appointment on "@4$. Petitioner2 anticipatin0 the action of the C'2 filed a petition for certiorari !@ the SC.

,SSU*6 Ghether or not the appointment by the President of the Chairman of the Commission onuman &i0hts 1C&5 is to be made !ith or !ithout C' confirmation.

*/6 1"5 nly those appointments e8pressly mentioned in the first sentence of Sec. "32 'rt. V,,

are to be revie!ed by the C'2 namely2 Dthe heads of the e8ecutive departments2 ambassadors2 other public ministers and consuls2 other officers of the armed forces from the ran9 of colonel or navalcaptain2 and other officers !hose appointments are vested in him in this Constitution.D 'll other appointments by the Pres. are to be made !@o the participation of the C'.D Since the position of Chairman of the C&2 an independent office created by the Constitution2 is not amon0 the positions mentioned in the first sentence of Sec. "32 'rt. V,,2 appointments to !hich are to be made!ith the confirmation of the C'2 it follo!s that the appointment by the President of the Chairmanof the C& is to be made !ithout the revie! or participation of the C'. -hey are amon0 the

P')* 4F$




officers of the 0ovt D!hom he 1the Pres.5 may be authorized by la! to appoint.D 'nd Sec. 4 1c5 of * "32 May $2 "#=<2 authorizes the Pres. to appoint the Chairman and Members of the C&.

888. VV"

uintos%/eles vs. Commission on 'ppointments "<< SC&' 4$#

>6 Petitioner and others !ere appointed Sectoral &epresentatives by the President pursuant to'rticle V,,2 Section "32 par. 4 and 'rticle HV,,,2 Section < of the Constitution. o!ever2 petitioner andthe other sectoral representatives% appointees !ere not able to ta9e their oaths and dischar0e their dutiesas members of Con0ress due to the opposition of some con0ressmen%members of the Commission on'ppointments 1C'52 !ho insisted that sectoral representatives must first be confirmed by the C' beforethey can ta9e their oaths and@or assume office as members of the ouse of &epresentatives.

,SSU*6 Ghether the Constitution re:uires confirmation by the C' in the appointment of sectoralrepresentatives to the ouse of &epresentatives.

*/6 Y*S. Section "32 'rticle V,, of the Constitution provides that6 D-he president shallnominate and2 !ith the consent of the Commission on 'ppointments2 appoint the heads of the

e8ecutive departments2 ambassadors2 other public ministers and consuls2 or officers of the armedforces from the ran9 of colonel or naval captain2 and other officers !hose appointments are vestedin him in this Constitution 8 8 8D.

,n S'&M,*+- VS. M,S+ 1"#=<52 the SC construed Sec. "32 'rt. V,, of theConstitution to mean that only appointments to offices mentioned in the first sentence of the saidSection "32 'rt. V,, re:uire confirmation by the C'.

Since the seats reserved for sectoral representatives in par. 42 Sec. $2 'rt. V, may be filled by appointment by the President by e8press provision of Sec. <2 'rt. HV,,, of the Constitution2 it isindubitable that sectoral representatives to the ouse of &epresentatives are amon0 the Dother officers !hose appointments are vested in the President in this ConstitutionD2 referred to in the firstsentence of Sec. "32 'rt. V,, !hose appointments are sub?ect to confirmation by the C'.1S'&M,*+- VS. M,S+5

,mplicit in the invocation of par. 42 Section "32 'rt. V,, as authority for the appointment of petitioner is2 the reco0nition by the President as appointin0 authority that petitionerEs appointmentre:uires confirmation by the C'. Under Par. 42 Sec. "32 'rt V,,2 appointments made by thePresident pursuant thereto Dshall be effective only until disapproval by the C' or until the ne8tad?ournment of the Con0ress.D ,f indeed appointments of sectoral representatives need noconfirmation2 the President need not ma9e any reference to the constitutional provisions above%:uoted in appointin0 the petitioner. 's a matter of fact2 the President had e8pressly submitted petitionerEs appointment for confirmation by the C'. Considerin0 that Con0ress had ad?ourned!ithout resp. C' havin0 acted on petitionerEs appointment2 said appointment@nomination had become moot and academic pursuant to Sec. 4 of the &ules of resp. C' and Dunless resubmittedshall not a0ain be considered by the Commission.D Adapted"

Calderon v. Carale 14F= SC&' 4$;5

>6 ,n March "#=#2 &' 3<"$ 1errera%Veloso a!52 amendin0 the abor Code2 !as approved. ,t provides in Sec. " thereof as follo!s6 D888 -he Chairman2 the /ivision Presidin0 Commissioners and other Commissioners shall be appointed by the President2 sub?ect to confirmation by the C'. 888D

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Pursuant to said la!2 President ':uino appointed the Chairman 1B. C'&'*5 andCommissioners of the +&C. -he appointments stated that the appointees may :ualify and enter upon the performances of the duties of the office.

-he present petition for prohibition :uestions the constitutionality and le0ality of the permanentappointments e8tended by the President to the respondents Chairman and Members of the +&C2 !ithoutsubmittin0 the same to the Commission on 'ppointments for confirmation pursuant to 'rt. 4"$ of theabor Code as amended by &' 3<"$.

Petitioners insists on a mandatory compliance !@ &' 3<"$ !hich has in its favor the presumptionof validity. &' 3<"$ is not2 accordin0 to the petitioner2 an encroachment on the appointin0 po!er of thee8ecutive contained in Sec. "3 of 'rt. V,, of the Constitution.

-he Solicitor )eneral contends2 on the other hand2 that &' 3<"$ trans0resses Sec. "32 'rt. V,, bye8pandin0 the confirmation po!ers of the Commission on 'ppointments !ithout constitutional basis.

,SSU*S6 1"5 G@+ Con0ress may2 by la!2 re:uire confirmation by the Commission on'ppointments of appointments e8tended by the President to 0overnment officers additional to thosee8pressly mentioned in the first sentence of Sec. "32 'rt. V,, of the Constitution. 1+5

*/6 -he controversy in the case is focused on Sec. "32 'rt. V,, of the "#=< Constitution !@c provides6

DSec. "3. -he President shall nominate and2 !ith the consent of the Commission on'ppointments2 appoint the heads of the e8ecutive departments2 ambassadors2 other publicministers and consuls2 or officers of the armed forces from the ran9 of colonel or naval captain2 andother officers !hose appointments are vested in him in this Constitution. e shall also appoint allother officers of the )overnment !hose appointments are not other!ise provided for by la!2 andthose !hom he may be authorized by la! to appoint. -he Con0ress may2 by la!2 vest theappointment of other officers lo!er in ran9 in the President alone2 in the courts2 or in the heads of departments2 a0encies2 commissions2 or boards.D 888

-here are four 0roups of officers !hom the President shall appoint. -hese four 0roups are6

>irst2 the heads of the e8ecutive departments2 ambassadors2 other public ministers and

consuls2 officers of the armed forces from the ran9 of colonel or naval captain2 and other officers!hose appointments are vested in him in this Constitution7

Second2 all other officers of the )overnment !hose appointments are not other!ise provided for la!7

-hird2 those !hom the President may be authorized by la! to appoint7>ourth2 officers lo!er in ran9 !hose appointments the Con0ress may by la! vest in the

President alone.

-he second sentence of Sec. "32 'rt. V,, refers to all other officers of the 0overnment!hose appointments are not other!ise provided for by la! and those !hom the President may beauthorized by la! to appoint.

,ndubitably2 the +&C Chairman and Commissioners fall !ithin the second sentence of Sec."32 'rt. V,,2 more specifically under Dthose !hom he 1the President5 may be authorized by la! toappoint.D Undeniably2 the Chairman and Members of the +&C are not amon0 the officersmentioned in the first sentence of Sec. "3 !hose appointments re:uires confirmation by the C'.

-o the e8tent that &' 3<"$ re:uires confirmation by the C' of the appointments of respondents Chairman and Members of the +&C2 it is unconstitutional because6

P')* 4F<




". it amends by le0islation2 the first sentence of Sec. "32 'rt. V,, of the Constitution by addin0thereto appointments re:uirin0 confirmation by the C'7 and

4. it amends by le0islation2 the second sentence of Sec. "32 'rt. V,,2 by imposin0 theconfirmation of the C' on appointments !@c are other!ise entrusted only !ith the President.

/ecidin0 on !hat la!s to pass is a le0islative prero0ative. /eterminin0 their

constitutionality is a ?udicial function.

Supreme Court decisions applyin0 or interpretin0 the Constitution shall form part of thele0al system of the Philippines. +o doctrine or principle of la! laid do!n by the Court in adecision rendered en banc or in division may be modified or reversed e8cept by the Court sittin0 enbanc. Adapted"

+otes6 >rom the rulin0s in Sarmiento ,,, v. Mison2 "$3 S $;#52 Bautista v. Salon0a2 "<4 S "3F2and /eles v. Constitutional Commission2 "<< S 4$#2 these doctrines are deducible6

". Confirmation by the C' is re:uired only for presidential appointees as mentioned in thefirst sentence of Sec. "32 'rt. V,,2 includin02 those officers !hose appointments are e8presslyvested by the Constitution itself in the president 1li9e sectoral representatives to Con0ress andmembers of the constitutional commissions of 'udit2 Civil Service and *lection5.

4. Confirmation is not re:uired !hen the President appoints other 0overnment officers!hose appointments are not other!ise provided for by la! or those officers !hom he may beauthorized by la! to appoint 1li9e the Chairman and Members of the Com. on uman &i0hts5.'lso2 as observed in Sarmiento v. Mison2 !hen Con0ress creates inferior offices but omits to provide for appointment thereto2 or provides in an unconstitutional manner for such appointments2the officers are considered as amon0 those !hose appointments are not other!ise provided for byla!.

145 G@+ le0islation can e8pand a constitutional provision after the Supreme Court hasinterpreted it.

,n *ndencia and Ju0o v. /avid2 # Phil. 3##2 the Court held6

DGe have already said that the e0islature under our form of 0overnment is assi0ned thetas9 and the po!er to ma9e and enact la!s2 but not to interpret them. -his is more true !ith re0ardto the interpretation of the Constitution2 !hich is not !ithin the sphere of the e0islative/epartment. ,f the e0islature may declare !hat a la! means2 or !hat a specific portion of theConstitution means2 especially after the courts have in actual case ascertained its meanin0 byinterpretation and applied it in a decision2 this !ould surely cause confusion and instability in ?udicial processes and court decisions. Under such a system2 a final court determination of a case based on ?udicial interpretation of the la! or of the Constitution may be undermined or evenannulled by a subse:uent and different interpretation of the la! or of the Constitution by thee0islative /epartment. -hat !ould neither be !ise nor desirable2 besides bein0 clearly violative of the fundamental principles of our constitutional system of 0overnment2 particularly those 0overnin0the separation of po!ers.D

-he function of the Court in passin0 upon an act of Con0ress is to D lay the article of theConstitution !hich is invo9ed beside the statute !hich is challen0ed and to decide !hether thelatter s:uares !ith the formerD and to announce its considered ?ud0ment upon the :uestion.D

P')* 4F=




,t cannot be overloo9ed that Sec. "32 'rt. V,, of the "#=< Constitution !as deliberatelyintended by the framers to be a departure from the system embodied in the "#$ Constitution !herethe C' e8ercised the po!er of confirmation over almost all presidential appointments2 leadin0 tomany cases of abuse of such po!er of confirmation. Adapted"

&amos v. 'lvarez 1#< P,. =;;5 LCompare !ith Calderon case

>6 Before servin0 his full term as elected member of the Provincial Board of +e0ros cc.2 Jesus'ritao 1P5 resi0ned his office !hen he filed his certificate of candidacy for con0ressman.

-o fill such vacancy2 then President uirino2 actin0 on the authority of Sec. 4" 1b5 of the &evised*lection code 1&*C5 appointed '0ustin &amos 1P52 !ho assumed office thereafter. ,n due time2 &amosEinterim appointment !as submitted to the Commission on 'ppointments 1C'5 for confirmation. But before it could be confirmed2 the ne! President of the Phil.2 on. &. Ma0saysay2 nominated &afael'lvarez for the same office. -he nomination !as unanimously confirmed by the C' after it has re?ected&amosE appointment.

'lvarez assumed office as member of the ProvEl Board of +e0ros cc. despite vi0orous oppositionfrom &amos2 !ho thereafter filed the present petition to have himself declared le0ally entitled to the officeand to have 'lvarez ousted therefrom.

Petitioner contends2 amon0 others2 that he is still le0ally entitled to the office because hisappointment !as not sub?ect to the consent or disapproval of the C'. &espondent on his part contendsother!ise.

,SSU*6 G@+ an appointment made by the President under Sec. 4"1b5 of the &*C is sub?ect to theconsent of the C'. 1Y*S5

Sec. 4"1b5 of the &*C2 under !@c the petitioner !as appointed2 provides6

Ghenever in any elective local office a vacancy occurs as a result of thedeath2 resi0nation2 removal or cessation of the incumbent2 the President shallappoint thereto a suitable person belon0in0 to the political party of the officer !hom he is to replace2 upon the recommendation of said party2 save in the case of

mayor2 !hich shall be filled by the vice%mayor.D

Under Par. 2 of Sec. "F2 'rt. V,, of the "#$ Constitution2 there are four 0roups of officers that the President shall appoint2 namely6

>irst2 the heads of e8ecutive departments and bureaus2 officers of the 'rmy from the ran9 of colonel2 of the +avy and air forces from the ran9 of captain or commander7

Second2 all other officers of the )overnment !hose appointments are not other!ise provided for in the Constitution7

-hird2 those !hom the President may be authorized by la! to appoint7 and

>ourth2 inferior officers !hose appointments the Con0ress has by la! vested in thePresident alone.

-he Constitution is e8plicit that for officers of the first2 second and third 0roups2 theappointment made by the President shall be !ith the consent of the C'. ,t is only in the case of thefourth 0roup2 that is2 of inferior officers !hose appointment is by la! vested Din the PresidentaloneD that such consent is not re:uired.

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n the other hand2 e8aminin0 the provision of Sec. 4"1b5 of the &*C2 !e find that !hile itsays that the President shall ma9e the appointment2 it does not say that the appointment is not to besub?ect to the consent of the C' that is2 that it is to be made by the President alone. Such bein0 thecase2 the PresidentEs appointment must be deemed sub?ect to the 0eneral re:uirement that the sameis to be !ith the consent of the C'. ,t !ould fall then under the third 0roup of officers mentioned in par. of Sec. "F2 'rt. V,, of the "#$ Constitution. -hus2 in the United States2 under a

constitutional provision similar to ours2 the 0eneral rule is that D!hen a statute does not specifyho! an officer is to be appointed2 it must be by the President and !ith the consent of the Senate.D

,n vie! of the fore0oin02 petitionerEs appointment as member of the Provincial Board !assub?ect to the consent of the C'2 so that his ri0ht to the office ceased !hen his appointment !asre?ected by the Commission. Adapted"

1-a9e note of the case of Calderon v. Carale2 4F= SC&' 4$;5

1a5 eads of the e8ecutive departments

Art" VII4 *e%" 16" T&e President s&all no2inate and4 #it& t&e %onsent o+ t&eCo22ission on Appoint2ents4 appoint t&e &eads o+ t&e e3e%,tive depart2ents4 a2assadors4ot&er p,li% 2inisters and %ons,ls4 or o++i%ers o+ t&e ar2ed +or%es +ro2 t&e ran o+ %olonel ornaval %aptain4 and ot&er o++i%ers #&ose appoint2ents are vested in &i2 in t&is Constit,tion".e s&all also appoint all ot&er o++i%ers o+ t&e 0overn2ent #&ose appoint2ents are notot&er#ise provided +or ! la#4 and t&ose #&o24 &e 2a! e a,t&ori5ed ! la# to appoint" T&eCongress 2a!4 ! la#4 vest t&e appoint2ent o+ ot&er o++i%ers lo#er in ran in t&e Presidentalone4 in t&e %o,rts4 or in t&e &eads o+ depart2ents4 agen%ies4 %o22issions or oards"


1b5 'mbassadors2 other public ministers and consuls 1 Id.5

1c5 fficers of the 'rmed >orces of the Philippines !ith the ran9 of colonel or naval captain 1because these are officers of a sizeablecommand enou0h to sta0e a coup5 1 Id.5

1d5 ther officers !hose appointments are vested in the Presidentin the Constitution6

1i5 Chairman and Commissioners of the ConstitutionalCommissions

Art" I>4 $4 *e%" 1" 7D T&e C&air2an and t&e Co22issioners o+ t&e Civil *ervi%eCo22issionD s&all e appointed ! t&e President #it& t&e %onsent o+ t&e Co22ission onAppoint2ent +or a ter2 o+ seven !ears #it&o,t reappoint2ent" O+ t&ose +irst appointed4 t&eC&air2an s&all &old o++i%e +or seven !ears4 a Co22issioner +or +ive !ears4 and anot&erCo22issioner +or t&ree !ears4 #it&o,t reappoint2ent" Appoint2ent to an! va%an%! s&all e

P')* 4"F




onl! +or ,ne3pired ter2 o+ t&e prede%essor" In no %ase s&all an! Me2er e appointed ordesignated in a te2porar! or a%ting %apa%it!"

!d&4 C4 *e%" 1" 7D T&e C&air2an and t&e Co22issioners o+ t&e Co22ission onEle%tionsD s&all e appointed ! t&e President #it& t&e %onsent o+ t&e Co22ission onAppoint2ent +or a ter2 o+ seven !ears #it&o,t reappoint2ent" O+ t&ose +irst appointed4 t&ree

Me2ers s&all &old o++i%e +or seven !ears4 t#o Me2ers +or +ive !ears4 and t&e last Me2ers+or t&ree !ears4 #it&o,t reappoint2ent" Appoint2ent to an! va%an%! s&all e onl! +or,ne3pired ter2 o+ t&e prede%essor" In no %ase s&all an! Me2er e appointed or designatedin a te2porar! or a%ting %apa%it!"

!d "4 '4 *e%" 1 7D T&e C&air2an and t&e Co22issioners o+ t&e Co22ission onA,ditD s&all e appointed ! t&e President #it& t&e %onsent o+ t&e Co22ission onAppoint2ent +or a ter2 o+ seven !ears #it&o,t reappoint2ent" O+ t&ose +irst appointed4 t&eC&air2an s&all &old o++i%e +or seven !ears4 a Co22issioner +or +ive !ears4 and anot&erCo22issioner +or t&ree !ears4 #it&o,t reappoint2ent" Appoint2ent to an! va%an%! s&all eonl! +or ,ne3pired ter2 o+ t&e prede%essor" In no %ase s&all an! Me2er e appointed ordesignated in a te2porar! or a%ting %apa%it!"

1ii5 &e0ular members of the Judicial and Bar Council 1composedof the ,BP representative2 professor of la!2 retired SC ?ustice2 and representative of the privatesector. +ote the e8%officio members6 Chief Justice2 Secretary of Justice2 and representative of Con0ress5 'rt.

VII4 *e%" " 7D T&e reg,lar 2e2ers o+ t&e B,di%ial and $arD Co,n%il s&allappointed ! t&e President +or a ter2 o+ +o,r !ears #it& t&e %onsent o+ t&e Co22ission onAppoint2ents" O+ t&e Me2ers +irst appointed4 t&e representative o+ t&e Integrated $ar s&allserve +or +o,r !ears4 t&e pro+essor o+ la# +or t&ree !ears4 t&e retired B,sti%e +or t#o !ears4 andt&e representative o+ t&e private se%tor +or one !ear"

1iii5 Sectoral representatives

Art" >VIII4 *e%" ?" Until a la# is passed4 t&e President 2a! +ill ! appoint2ent +ro2a list o+ no2inees ! t&e respe%tive se%tors t&e seats reserved +or se%toral representation inparagrap& 7D o+ *e%tion ; o+ Arti%le VI o+ t&is Constit,tion"

1iv5 &e0ional Consultative Commission

Art" >4 *e%" 1" T&e Congress s&all ena%t an organi% a%t +or ea%& a,tono2o,s region#it& t&e assistan%e and parti%ipation o+ t&e regional %ons,ltative %o22ission %o2posed o+ representatives appointed ! t&e President +ro2 a list o+ no2inees +ro2 2,ltise%toral odies"T&e organi% a%t s&all de+ine t&e asi% str,%t,re o+ govern2ent +or t&e region %onsisting o+ t&ee3e%,tive depart2ent and legislative asse2l!4 ot& o+ #&i%& s&all e ele%tive andrepresentative o+ t&e %onstit,ent politi%al ,nits" T&e organi% a%ts s&all lie#ise provide +orspe%ial %o,rts #it& personal4 +a2il!4 and propert! la# <,risdi%tion %onsistent #it& t&eprovisions o+ t&is Constit,tion and national la#s"

T&e %reation o+ t&e a,tono2o,s region s&all e e++e%tive #&en approved ! 2a<orit!o+ t&e votes %ast ! t&e %onstit,ent ,nits in a pleis%ite %alled +or t&e p,rpose4 provided t&at

P')* 4""




onl! provin%es4 %ities4 and geograp&i% areas voting +avoral! in s,%& pleis%ite s&all ein%l,ded in t&e a,tono2o,s region"

Upon re%o22endation o+ t&e B,di%ial and $ar Co,n%il

1a5 Members of the Supreme Court and all other courts

Art" VIII4 *e%" 9" T&e Me2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rtss&all e appointed ! t&e President +ro2 a list o+ at least t&ree no2inees prepared ! t&eB,di%ial and $ar Co,n%il +or ever! va%an%!" *,%& appoint2ents need no %on+ir2ation"

(or t&e lo#er %o,rts4 t&e President s&all iss,e t&e appoint2ents #it&in ninet! da!s+ro2 t&e s,2ission o+ t&e list"

1b5 mbudsman and his $ deputies 1for uzon2 Visayas2 Minda%nao2 0eneral and military5

Art" >I4 *e%" 9" T&e O2,ds2an and &is 'ep,ties s&all e appointed ! t&ePresident +ro2 a list o+ at least si3 no2inees prepared ! t&e B,di%ial and $ar Co,n%il4 and+ro2 a list o+ t&ree no2inees +or ever! va%an%! t&erea+ter" *,%& appoint2ents s&all re,ireno %on+ir2ation" All va%an%ies s&all e +illed #it&in t&ree 2ont&s a+ter t&e! o%%,r"

Appoint2ent o+ Vi%ePresident as Me2er o+ t&e Cainet

Art" VII4 *e%" 8" 333T&e Vi%e President 2a! e appointed as a Me2er o+ t&e Cainet" *,%& appoint2ent

re,ires no %on+ir2ation

Appoint2ents solel! ! t&e President

Art" VII4 *e%" 16" T&e President s&all 333 also appoint all ot&er o++i%ers o+ t&e0overn2ent #&ose appoint2ents are not ot&er#ise provided +or ! la#4 and t&ose #&o24 &e2a! e a,t&ori5ed ! la# to appoint" T&e Congress 2a!4 ! la#4 vest t&e appoint2ent o+ ot&er o++i%ers lo#er in ran in t&e President alone4 in t&e %o,rts4 or in t&e &eads o+ depart2ents4 agen%ies4 %o22issions or oards"


". -hose vested by the Constitution on the President alone 1e.0. appointment of Vice%President to the Cabinet5 L'rt. V,,2 Sec. 145

4. -hose !hose appointments are not other!ise provided by la!.

. -hose !hom he may be authorized by la! to appoint.

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;. -hose other officers lo!er in ran9 !hose appointment is vested by la! in the President1alone5.

-he phraseolo0y is muddled.

-he meanin0 of N; !as touched upon in Sarmiento v Mison. ,n ar0uin0 that even bureau

chiefs needed confirmation even if they are of inferior ran92 the ar0ument !as the phrase2 D-heCon0ress may2 by la!2 vest in the appointment of other officers lo!er in ran9 in the PresidentaloneD meant that until a la! is passed 0ivin0 such appointin0 po!er to the President alone2 thensuch appointment has to be confirmed. nly after such la! is passed does the necessity for confirmation no lon0er hold. -he SC dismissed this vie! ho!ever2 sayin0 that the inclusion of the!ord DaloneD !as an oversi0ht. -hus2 the Constitution should read D-he Con0ress may2 by la!2vest the appointment of other officers lo!er in ran9 in the President.D

1$5 imitations on appointin0 po!er of the President

'rt. V,,2 Secs. " and "$

RArt" VII4 *e%" 18" 333T&e spo,se and relatives ! %onsang,init! or a++init! #it&in t&e +o,rt& %ivil degree o+

t&e President s&all not d,ring &is ten,re e appointed as Me2ers o+ t&e Constit,tionalCo22issions4 or t&e O++i%e o+ t&e O2,ds2an4 or as *e%retaries4 Underse%retaries4 %&air2enor &eads o+ ,rea,s or o++i%es4 in%l,ding govern2ento#ned or %ontrolled %orporations andt&eir s,sidiaries"

!d&% *e%" 1;" T#o 2ont&s i22ediatel! e+ore t&e ne3t presidential ele%tions and ,p tot&e end o+ &is ter24 a President or A%ting President s&all not 2ae appoint2ents4 e3%eptte2porar! appoint2ents to e3e%,tive positions #&en %ontin,ed va%an%ies t&erein #illpre<,di%e p,li% servi%e or endanger p,li% sa+et!"

a. -he spouse and relatives by consan0uinity or affinity !ithin the ;th civil de0ree of thePresident shall not2 durin0 his DtenureD. be appointed as 1i5 members of the ConstitutionalCommissions2 1ii5 member of the ffice of mbudsman2 1iii5 Secretaries2 1iv5 Undersecretaries2 1v5Chairmen or heads of bureaus or offices2 includin0 0overnment%o!ned or controlled corporationsand their subsidiaries.

b. -!o months immediately before the ne8t presidential elections 14nd Monday of March52and up to the end of his DtermD 1June F52 a President 1or 'ctin0 President5 shall not ma9eappointments.

*8ception6 -emporary appointments2 to e8ecutive positions2 !hen continued vacanciestherein !ill 1"5 pre?udice public service 1e.0. Postmaster5 or 1ii5 endan0er public safety 1e.0. Chief of Staff5.-his provision seems to have overruled previous pronouncements of the Supreme Court on thevalidity of Dmidni0ht appointmentsD.

1'd interim appointments could either be Dmidni0htD2 if made by the President before he stepsdo!n from office or recess2 if made by the President !hen Con0ress is not in session.5

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,n 'ytona v Castillo2 ; SC&' " 1"#3452 the SC ruled that !hile Dmidni0ht appointmentsDare not ille0al2 they should be made in the capacity of a Dcare%ta9erD doubly careful and prudent inma9in0 the selection2 so as not to defeat the policies of the incomin0 administration. Said thecourt6

'fter the proclamation of an incomin0 President2 the out0oin0 President is no more than a

Dcareta9erD administrator duty bound to prepare for the orderly transition to the ne! President2 andhe should not do acts that !ould obstruct the policies of his successor.

-he fillin0 up of vacancies in important posts2 if fe!2 and so spaced as to afford someassurance of deliberate action and careful consideration of the need for the appointment and theappointees :ualifications2 may be undoubtedly permitted.

But the issuance of $F appointments in one ni0ht2 and the planned induction of almost allof them a fe! hours before the inau0uration of the ne! President may be re0arded as abuse of presidential prero0atives.

Ghere the President ma9es ad@interim 1i.e.2 midni0ht5 appointments2 he is bound to beDprudentD to insure approval of his selection2 either by previous consultation !ith the C' or bye8plainin0 his reason thereafter. Ghere the C' that !ill consider the appointees is different fromthat e8istin0 at the time of appointment2 and !here the names are to be submitted by his successor !ho may not !holly approve of his selections2 the President should be Ddoubly careful in e8tendin0such appointment.

,n Jor0e v Mayer2 "F SC&' " 1"#3;52 the Court emphasized the rule in 'ytona that a prudently made midni0ht appointment so spaced as to afford some assurance of deliberate actionand careful consideration of the need for the appointment and the appointeesE :ualifications is not prohibited by la!. -he circumstances of Jor0eEs appointment as /irector of ands in this case2 based on his = years of faithful service and confirmed by the C' before its ad?ournment2 !erefound to be ?udicious.

,n uisumbin0 v -a?an0lan0it2 "F SC&' ;;3 1"#3;52 the SC emphasized that the 'ytonarulin0 does not declare all midni0ht appointments as invalid2 and that the ad interim appointmentof the petitioner chief of police here2 !hose :ualification and re0ularity !ere not disputed2 e8ceptfor the fact that it !as made durin0 the last fe! days of the old administration2 is thus not invalid.

Interi2 or re%ess appoint2ents

Art VI4 *e%" 19" T&e Ele%toral Tri,nals and t&e Co22ission on Appoint2ents s&alle %onstit,ted #it&in t&irt! da!s a+ter t&e *enate and t&e .o,se o+ Representatives s&all &aveeen organi5ed #it& t&e ele%tion o+ t&e President and t&e *peaer" T&e Co22ission onAppoint2ents s&all 2eet onl! #&ile t&e Congress is in session4 at t&e %all o+ its C&air2an or a2a<orit! o+ all its Me2ers4 to dis%&arge s,%& po#ers and +,n%tions as &erein %on+erred ,ponit"

Art" VII4 *e%" 16" 333T&e President s&all &ave t&e po#er to 2ae appoint2ents d,ring t&e re%ess o+

Congress4 #&et&er vol,ntar! or %o2p,lsor!4 ,t s,%& appoint2ent s&all e e++e%tive onl! ,ntil

P')* 4";




disapproval ! t&e Co22ission on Appoint2ents or ,ntil t&e ne3t ad<o,rn2ent o+ t&eCongress"

&e0ular and recess 1ad%interim5 appointments

-he procedure for confirmation has been discussed above under ConstitutionalCon0ressional Committees. -o s9etch6

'ppointments re:uirin0 confirmation are of t!o 9inds2 1i5 re0ular2 if the C'2 that is2Con0ress2 is in session2 or 1ii5 durin0 the recess of Con0ress 1because the Commission shall meetonly !hile Con0ress is in session L'rt. V,2 Sec. "#5.

!egular appointments re:uire confirmation before the appointee can ta9e his post. -hePresident nominates2 Con0ress receives the nomination and for!ards this to the C' for confirma%tion2 then the ffice of the President issues a Commission2 at !hich point the appointee can assumehis office.

!ecess appointments2 on the other hand2 need no confirmation to be effective2 albeittemporarily. -he appointment is effective until it is disapproved by the Commission on'ppointments2 or until the ne8t ad?ournment of Con0ress 1unless meantime2 it is confirmed by theCommission5 1'rt. V,,2 Sec. "32 par. 45

-emporary /esi0nations6'dministrative Code of "#=<2 Boo9 ,,, Sec. "<

-he President may desi0nate an officer already in the 0ovt. service or any other competent person to perform the functions of any office in the e8ecutive branch2 appointment to !hich isvested in him by la!2 !hen6

1a5 -he officer re0ularly appointed to the office is unable to perform his duties by reason of

illness2 absence or any other cause7 or

1b5 -here e8ists a vacancy7

,n no case shall a temporary desi0nation e8ceed one 1"5 year.

135 imitations on the appointin0 po!er of the 'ctin0 President

'rt. V,,2 Secs. ";%"3

Art" VII4 *e%" 1:" Appoint2ents e3tended ! an A%ting President s&all re2aine++e%tive ,nless revoed ! t&e ele%ted President #it&in ninet! da!s +ro2 &is ass,2ption orreass,2ption o+ o++i%e"

Art" VII4 *e%" 1;" T#o 2ont&s i22ediatel! e+ore t&e ne3t presidential ele%tions and,p to t&e end o+ &is ter24 a President or A%ting President s&all not 2ae appoint2ents4 e3%eptte2porar! appoint2ents to e3e%,tive positions #&en %ontin,ed va%an%ies t&erein #ill pre<,di%e p,li% servi%e or endanger p,li% sa+et!"

P')* 4"$




Art" VII4 *e%" 16" 333T&e President s&all &ave t&e po#er to 2ae appoint2ents d,ring t&e re%ess o+ t&e

Congress4 #&et&er vol,ntar! or %o2p,lsor!4 ,t s,%& appoint2ents s&all e e++e%tive onl!,ntil disapproval ! t&e Co22ission on Appoint2ents or ,ntil t&e ne3t ad<o,rn2ent o+ t&eCongress"

UP/'-*/ "@4@#3@&'M

1<5 *8ecutive clemencies

Art" VII4 *e%" 19" E3%ept in %ases o+ i2pea%&2ent4 or as ot&er#ise provided in t&isConstit,tion4 t&e President 2a! grant reprieves4 %o22,tations4 and pardons4 and re2it +inesand +or+eit,res4 a+ter %onvi%tion ! +inal <,dg2ent"

It s&all also &ave t&e po#er to grant a2nest! #it& t&e %on%,rren%e o+ a 2a<orit! o+ allt&e Me2ers o+ t&e Congress"

-he President may 0rant 1i5reprieves2 1ii5 commutations2 and 1iii5 pardons2 and 1iv5 remitfines and forfeitures2 after conviction by final ?ud0ment2 e8cept 6

1a5 ,n cases of impeachment2 and1b5 's other!ise provided in this Constitution2 viz.

Art" I>4 C4 *e%" ;" )o pardon4 a2nest!4 parole or s,spension o+ senten%e +or viola

tion o+ ele%tion la#s4 r,les4 and reg,lations s&all e granted ! t&e President #it&o,t t&e+avorale re%o22endation ! t&e Co22ission on Ele%tions"D

/efinitions

&eprieve is a temporary relief from or postponement of e8ecution of criminal penalty or sentence or a stay of e8ecution. ,t does not more than stay the e8ecution of a sentence e8tended toa prisoner to afford him an opportunity to procure some amelioration of the sentence imposed.1Blac9.5 ,t is the !ithholdin0 of a sentence for an interval of time2 a postponement of e8ecution2 atemporary suspension of e8ecution. 1People vs. Vera2 infra.5

Commutation is a reduction of sentence. 1Blac9.5 ,t is a remission of a part of the punishment7 a substitution of a less penalty for the one ori0inally imposed. 1People vs. Vera2infra.5

Pardon is a permanent cancellation of sentence. 1Blac95 ,t is an act of 0race proceedin0from the po!er entrusted !ith the e8ecution of the la!s2 !hich e8empts the individual on !hom itis besto!ed2 from the punishment the la! inflicts for the crime he has committed. ,t is a remissionof 0uilt2 a for0iveness of the offense. 1People v Vera2 infra.5

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Cruz6 /inds o+ Pardon" Pardon may be classified into absolute or conditional and plenar" or partial . 'n absolute pardon is one e8tended !@o any strin0s attached2 so to spea92 !hereas aconditional pardon is one under !@c the convict is re:uired to comply !@ certain re:uirements. ' plenary pardon e8tin0uishes all the penalties imposed upon the offender2 includin0 accessorydisabilities2 !hereas partial pardon does not.

Ghere the pardon is conditional2 the offender has the ri0ht to re?ect the same since he mayfeel that the condition imposed is more onerous than the penalty sou0ht to be remitted. But in thecase of an absolute pardon2 the pardonee has no option at all and must accept it !hether he li9es itor not. ,n this sense2 an absolute pardon is similar to commutation2 !@c is also not sub?ect toacceptance by the offender.

'mnesty is a soverei0n act of oblivion for past acts2 0ranted by 0overnment 0enerally to aclass of persons !ho have been 0uilty usually of political offenses 1treason2 sedition2 rebellion52 and!ho are sub?ect to trial but have not yet been convicted2 and often conditioned upon their return toobedience and duty !ithin a prescribed time. 1Blac97 Bro!n v Gal9er2 "3" US 3F45.

Probation is a disposition under !hich a defendant after conviction and sentence isreleased sub?ect to conditions imposed by the court and to the supervision of a probation officer.LSec. 1a52 P/ #3=.

Parole is the suspension of the sentence of a convict 0ranted by a Parole Board after servin0 the minimum term of the indeterminate sentence penalty2 !ithout 0rantin0 a pardon2 prescribin0 the terms upon !hich the sentence shall be suspended.

1a5 Pardon distin0uished from probation

People vs. Vera2 3$ P $3 1"#<5

Probation and Pardon are not coterminous7 nor are they the same. -hey are actuallydistinct and different from each other2 both in ori0in and nature. ,n probation2 the probationer is in

no true sense2 as in pardon2 a free man. e is not finally and completely e8onerated. e is note8empt from the entire punishment !@c the la! inflicts. Under the Probation 'ct2 the probationerEscase is not terminated by the mere fact that he is placed on probation. -he probationer2 durin0 the period of probation2 remains in le0al custody%% sub?ect to the control of the probation officer and of the court2 he may be rearrested upon the non%fulfillment of the conditions of probation and2 !henrearrested2 may be committed to prison to serve the sentence ori0inally imposed upon him.

+otes6

,n both cases2 there must be a final ?ud0ment of conviction2 and the convict must bee8empted from service of sentence. But pardon is 0ranted by the Chief *8ecutive for any crime2!hile probation is 0ranted by the court after investi0ation by a probation officer only for cases!here the penalty imposed does not e8ceed 3 years and " day 1 prision ma"or 52 !here the crime isnot a0ainst the security of the State2 !here there !as no previous conviction for an offense punished by arresto ma"or 2 and !here there !as no previous availment of probation.

,n absolute pardon2 the sentence and its effects2 includin0 the accessory penalties2 areabolished upon the 0rant of pardon. ,n probation2 the restoration of the probationer to his civilri0hts ta9es places only after his final dischar0e after the period of his probation. 1Secs. "; A "35

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1b5 Pardon distin0uished from Parole

Pardon may be 0ranted by the Chief *8ecutive under the Constitution and formerly the'dministrative Code2 at any time after final ?ud0ment of conviction2 even before service7 !hile parole is 0ranted by the Board of Pardons and Parole under the ,ndeterminate Sentence a! only

after the convict has served the minimum term of his sentence.

,n pardon2 the convict becomes a free man7 in parole2 he is not really free because althou0hhe his released from the custody of the la!2 he must submit to periodic e8amination by the Boardof Parole.

,n -esoro v /irector of Prisons2 3= Phil "$; 1"##52 the SC dismissed the contention that because parole is not mentioned in the Constitution2 then the po!er to 0rant parole is also deemedrepealed. -he Court said that parole is part of the pardonin0 po!er of the President. Justice>ernando points out2 ho!ever2 that this is not accurate. ,f ever the President has the po!er to 0rant parole2 it is because the la! 0rants him that po!er2 and not because parole is part of pardon.

-esoro vs. /irector of Prisons2 3= Phil "$; >6 n ct. "F2 "#;2 petitioner -esoro !as convicted in the C>,% Manila of the crime of falsificationof a public document and !as sentenced. is penalty !as to e8pire on ct. 4=2 "#<.

n +ov. ";2 "#$2 the )ov. )en. 0ranted the petitioner a parole2 !hich the latter accepted2sub?ect to certain conditions. ne of the conditions !as that he !ill not commit any other crime and !illconduct himself in an orderly manner.

/ec. 2 "#<2 the petr !as char0ed !ith the crime of adultery. o!ever2 the case !as dismissedfor non%appearance of the complainant2 Jose +a0ar.

>eb. "#=2 +a0ar lod0ed a complaint !ith the Board of ,ndeterminate Sentence2 and upon thesame facts supportin0 the crim. action2 char0ed petitioner !ith violation of the conditions of his parole.

ater2 by virtue of an order from the President2 the petr !as arrested and recommitted to thecustody of the /ir. of Prisons.

Petr. contends that sec. 3; 1i5 of the &ev. 'dm. Code2 insofar as it confers upon the Chief

*8ecutive the po!er to 0rant and revo9e paroles2 has been impliedly repealed by Par. 32 sec. ""2 'rt. V,, of the Constitution2 as the latter omitted to specify such po!er in connection !ith the po!ers 0ranted thereinto the President of the Philippines.

Sec. 3;1"5 0ives the )ov. )en the ff. po!ers and duties6

D-o 0rant to convicted persons reprieves or pardons2 either plenary or partial2conditional or unconditional7 to suspend sentences !ithout pardon2 remit fines2 andorder the dischar0e of any convicted person upon parole2 sub?ect to such conditions as hemay impose7 and to authorize the arrest and re%incarceration of any such person !ho2 inhis ?ud0ment shall fail to comply !ith the condition2 or conditions2 of his pardon2 parole2 or suspension of sentence.D

-he aforementioned Constitutional provision provides6

D-he President shall have the po!er to 0rant reprieves2 commutations2and pardons2 and remit fines and forfeitures2 after conviction2 for all offenses2 e8cept incases of impeachment2 upon such conditions and !ith such restrictions and limitationsas he may deem proper to impose. e shall have the po!er to 0rant amnesty !ith theconcurrence of the +ational 'ssembly.D

,SSU* +. "6 G@+ there has been a repeal.

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*/6 ++*. -he po!er to pardon 0iven the President by the Constitution2 Dupon suchconditions and !ith such restrictions and limitations as he may deem proper to impose2D includesthe po!er to 0rant and revo9e paroles. ,f the omission of the po!er of parole in the Constitution isto be construed as a denial thereof to the President2 the effect !ould be to dischar0e unconditionally parolees2 !ho2 before the adoption of the Constitution2 have been released conditionally by theChief *8ecutive.

,SSU* +. 46 G@+ the Board has le0al authority to investi0ate the conduct of the petitioner.

*/6 Y*S. By the terms of his parole2 petitioner a0reed to report to the e8ecutive secretary of the Board once a month durin0 the first year of his parole2 and thereafter2 once every months. Byhis consent to this condition2 petitioner has placed himself under the supervision of the Board. -heduty to report on the part of the petitioner implies a correspondin0 po!er on the part of the Boardto in:uire into his conduct and a fortiori to ma9e recommendations to the President by !hoseauthority it !as actin0. -he po!er to revo9e paroles necessarily carries !ith it the po!er to inves%ti0ate and to in:uire into the conduct of the parolees2 if such po!er of revocation is to be rationaland intelli0ent. ,n the e8ercise of this incidental po!er2 the President is not precluded by la! or bythe Constitution from ma9in0 use of any a0ency of the 0ovt2 or even of any individual2 to securethe necessary assistance.

,SSU* +. 6 G@+ ?udicial pronouncement to the effect that he has committed a crime isnecessary before he can be properly ad?ud0ed as havin0 violated his conditional parole.

*/6 +. 's one of the conditions of his parole2 petitioner a0reed that he !ill not commit anyother crime and !ill conduct himself in an orderly manner. -hus2 the mere commission2 not hisconviction by court2 of any other crime2 that !as necessary in order that petitioner may be deemedto have violated his parole. 'nd under Sec. 3; 1i52 the Chief *8ecutive is authorized to order Dthearrest and re%incarceration of any such person !ho2 in his 5udgment 2 shall fail to comply !ith thecondition@s of his pardon2 parole2 or suspension of sentence.

,SSU* +. ;6 G@+ the courts can revie! the findin0s of the Pres. re0ardin0 the violation of the

conditional parole.

*/6 +. Ghere the determination of the violation of the conditional parole rests e8clusively inthe sound ?ud0ment of the Chief *8ecutive2 the courts !ill not interfere2 by !ay of revie!2 !ith anyof his findin0s.

,SSU* +. $6 G@+ upon the e8piration of his ma8imum term of imprisonment2 his conditional parole also e8pires. */6 +. Ghen a conditional pardon is violated2 the prisoner is placed in the same state in !@che !as at the time the pardon !as 0ranted. e may be rearrested and recommitted to prison. 888-he rule is !ell%settled that2 in re:uirin0 the convict to under0o so much of the punishment imposed by his ori0inal sentence as he had not suffered at the time of his release2 the court should notconsider the time durin0 !hich the convict !as at lar0e by virtue of the pardon as time served onthe ori0inal sentence. 1Pp. v. -apel5 -his rule applies by analo0y to conditional parole. Adapted"

-orres v. )onzales "$4 SC&' 4<4

>6 Before "#<#2 -orres !as convicted of the crime of estafa 14 counts5 and !as sentenced toimprisonment and to pay an indemnity. -he ma8imum sentence !ould e8pire on +ov. 42 4FFF.

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n 'pril "=2 "#<#2 a conditional pardon !as 0ranted the petitioner by the President on conditionthat petitioner !ould Dnot a0ain violate any of the penal la!s of the Phil. Should this condition beviolated2 he !ill be proceeded a0ainst in the manner prescribed by la!. Petitioner accepted the conditional pardon and !as released.

n Sept. =2 "#=32 the President cancelled the conditional pardon of the petitioner uponrecommendation of the Board of Pardons. -he record before the Board sho!ed that petitioner had been

char0ed !ith 4F counts of estafa2 convicted of sedition !@c is the sub?ect of an appeal2 and a letter reportfrom the +B, sho!in0 a lon0 list of char0es brou0ht a0ainst the petitioner. -he petitioner !assubse:uently arrested and confined in Muntinlupa to serve the une8pired portion of his sentence.

Petitioner claims he did not violate his conditional pardon since he has not been convicted byfinal ?ud0ment of the 4F counts of estafa nor of the crime of sedition. e also contends that he !as not0iven an opportunity to be heard before he !as arrested and recommitted to prison and thus deprived of due process.

,SSU*6 G@+ conviction of a crime by final ?ud0ment of a court is necessary before the petitioner can be validly rearrested and recommitted for violation of the terms of his conditional pardon andaccordin0ly to serve the balance of his ori0inal sentence.

*/6 +. -he Court cited cases6 *spuelas v. ProvEl Garden of Bohol7 -esoro v. /ir. of Prisons and Sales v. /ir. of Prisons.

-he 0rant of pardon and the determination of the terms and conditions of a conditional pardon are purely e8ecutive acts !hich are not sub?ect to ?udicial scrutiny.

-he determination of the occurrence of a breach of a condition of a pardon2 and the proper conse:uences of such breach2 may be either a purely e8ecutive act2 not sub?ect to ?udicial scrutinyunder Sec. 3; 1i5 of the &ev. 'dm. Code7 or it may be a ?udicial act consistin0 of trial for andconviction of violation of a conditional pardon under 'rt. "$# of the &PC. Ghere the Presidentopts to proceed under Sec. 3; 1i52 &'C2 no ?udicial pronouncement of 0uilt of a subse:uent crimeis necessary2 much less conviction therefor by final ?ud0ment of a court2 in order that a convict may be recommended for the violation of his conditional pardon.

Because due process is not semper et ubi1ue ?udicial process2 and because theconditionally pardoned convict had already been accorded ?udicial due process in his trial andconviction for the offense for !@c he !as conditionally pardoned2 sec. 3; 1i52 &'C2 is not afflicted!ith a constitutional vice.

,n short2 in proceedin0 a0ainst a convict !ho has been conditionally pardoned and !ho isalle0ed to have breached the conditions of his pardon2 the *8ecutive /ept. has 4 options6 1i5 to proceed a0ainst him under Sec. 3; 1i52 &'C7 or 1ii5 to proceed a0ainst him under 'rt. "$#2 &PC!hich imposes the penalty of prision correccional minimum period2 upon a convict !ho havin0 been 0ranted conditional pardon by the Chief *8ecutive2 shall violate any of the conditions of such pardon. ere2 the President has chosen to proceed a0ainst the petitioner under the &'C. -hat

choice is an e8ercise of the e8ecutive prero0ative and not sub?ect to ?udicial scrutiny. Adapted"

1c5 Pardon distin0uished from 'mnesty

". Pardon is usually 0ranted for common crimes7 amnesty2 for political crimes.

4. Pardon is 0ranted to individuals7 amnesty2 to a 0roup2 class2 or community 0enerally.

P')* 44F




. Pardon can only be 0ranted after conviction7 amnesty may be 0ranted even before trial.

;. Pardon loo9s for!ard and relieves the offender from the conse:uences of an offense of !hich he has been convicted2 that is2 it abolishes or for0ives the punishment7 amnesty loo9s bac9%!ard and abolishes and puts into oblivion the offense itself2 that is2 it overloo9s and obliterates theoffense !ith !hich the convict is char0ed that the person released stands precisely as thou0h he had

committed no offense. 1Barrio:uinto v >ernandez2 infra.5

$. Pardon is a private act of the President !@c must be pleaded and proved by the person bec. the courts do not ta9e ?udicial notice of it7 amnesty is a public act of !@c the courts ta9e ?udicial notice. 1Cruz2 Philippine Political a!2 "##" ed.5

3. Pardon does not re:uire the concurrence of the Con0ress7 amnesty re:uires suchconcurrence. 1id .5

Barrio:uinto et al v. >ernandez =4 Phil 3;4

>6 Petitioners Jimenez and Barrio:uinto !ere char0ed !ith murder. Jimenez !as sentenced to lifeimprisonment. Before the period for perfectin0 an appeal had e8pired2 Jimenez became a!are of Procl. +o. = !hich 0rants amnesty in favor of all persons !ho may be char0ed !ith an act penalized under the&PC in furtherance of resistance to the enemy or a0ainst persons aidin0 in the !ar efforts of the enemy2and committed durin0 the period /ec. =2 "#;" to the date !hen each particular area of the Phil. !here theoffense !as actually committed !as liberated from enemy control and occupation. -he petitionerssubmitted their cases to the )uerrilla 'mnesty Commission 1)'C5.

-he )'C returned their cases to the C>,%Oamboan0a !@o decidin0 !hether or not they areentitled to the benefits of the 'mnesty Proclamation2 on the 0round that inasmuch as neither of the

petitioners have admitted to committin0 the offense2 they cannot invo9e the benefits of the amnesty.

*/6 Pardon is 0ranted by the Chief *8ecutive and as such it is a private act !hich must be pleaded and proved by the person pardoned2 because the courts ta9e no notice thereof7 !hile

*mnest" is by Proclamation of the Chief *8ecutive !ith the concurrence of Con0ress2 and it is a public act of !hich the courts should ta9e ?udicial notice.

Pardon is 0ranted to one after conviction7 !hile *mnest" is 0ranted to classes of personsor communities !ho may be 0uilty of political offenses2 0enerally before or after the institution of the criminal prosecution and sometimes after conviction.

Pardon loo9s for!ard and relieves the offender from the conse:uences of an offense of !hich he has been convicted2 that is2 it abolishes or for0ives the punishment2 and for that reason itdoes Dnot !or9 the restoration of the ri0hts to hold public office2 or the ri0ht of suffra0e2 unlesssuch ri0hts be e8pressly restored by the terms of the pardon2D and it Din no case e8empts the culpritfrom the payment of the civil indemnity imposed upon him by the sentenceD 1'rt 3 &PC5. Ghile

*mnest" loo9s bac9!ard and abolishes and puts into oblivion the offense itself2 it so overloo9s andobliterates the offense !ith !hich he is char0ed that the person released by amnesty stands beforethe la! precisely as thou0h he had committed no offense.

,SSU*6 G@+ in order to entitle a person to the benefits of the 'mnesty Procl. of Sept. <2 "#;32 it isnecessary as a condition precedent that he should admit havin0 committed the criminal act !ith !@che is char0ed and alle0e the amnesty as a defense.

P')* 44"




*/6 +. ,t is sufficient that the evidence2 either of the complainant or of the accused2 sho!sthat the offense committed comes !@n the terms of said 'mnesty Procl.

,t is not correct to say that Dinvocation of the benefits of the amnesty is in the nature of a plea of confession and avoidance. 'lthou0h the accused does not confess the imputation a0ainsthim2 he may be declared by the courts or the 'mnesty Commissions entitled to the benefits of the

amnesty. >or2 !@n he admits or confesses havin0 committed the offense !@ !@c he is char0ed2 theCommissions should2 if necessary or re:uested by the interested party2 conduct summary hearin0 of the !itnesses both for the complainants and the accused2 on !hether he has committed the offensein furtherance of the resistance to the enemy2 or a0ainst persons aidin0 in the !ar efforts of theenemy2 and decide !hether he is entitled to the benefits of amnesty and to be Dre0arded as a patriotor hero !ho has rendered invaluable services to the nation2D or not2 in accordance !ith the terms of the 'mnesty Proclamation.

,SSU*6 G@+ the benefits of amnesty may be !aived.

*/6 -he ri0ht to the benefits of amnesty2 once established by the evidence presented2 either bythe prosecution or the defense2 cannot be !aived2 because it is of public interest that a person !hois re0arded by the 'mnesty Proclamation2 !hich has the force of la!2 not only as innocent2 for hestands in the eyes of the la! as if he had never committed any punishable offense because of theamnesty2 but as a patriot or hero2 cannot be punished as a criminal.

0issenting =pinion6

'mnesty presupposes the commission of a crime. Ghen an accused says that he has notcommitted a crime2 he cannot have any use for amnesty. ,t is also self%evident that !here the'mnesty Proclamation imposes certain conditions2 as in this case2 it is incumbent upon the accusedto prove the e8istence of those conditions. ' petition for amnesty is in the nature of a plea of

confession and avoidance. -he pleader has to confess the alle0ations a0ainst him before he isallo!ed to set out such facts as2 if true2 !ould defeat the action.

%%%% o %%%%

-he ;th distinction 1pardon is for!ard loo9in0 !hile amnesty is bac9!ard loo9in05 is notaccurate on the basis of decided cases.

,t can be seen from several cases2 therefore that the effect of pardon retroacts to the day of the crime. ,t is not simply for!ard%loo9in0.

Pardon is still useful2 then2 even if the convict has already served his full sentence2 becausethere may be accessory penalties that are perpetual in e8tent. Adapted"

+otes6

-he fifth distinction bet. pardon and amnesty is that pardon is a private act of thePresident2 and so must be impleaded in court7 amnesty is a public act by the President andCon0ress2 and so the court is en?oined to ta9e ?udicial notice of it. 1supra5

-he $th distinction 1pardon is a private act !hile amnesty is a public act5 is not true inPhilippine la!. -he case holds that pardon must be raised as a defense2 other!ise the court cannot

P')* 444




ta9e ?udicial notice of such pardon. But under 'rt. =# of the &PC2 absolute pardon e8tin0uishescriminal liability. 'nd under the Constitution2 pardon can only be 0ranted after final conviction. ,f so2 once2 a convict has been 0ranted pardon2 this implies that he has already been convicted2 andthat precisely he has been e8empted from the penalty arisin0 from conviction. Ghy !ould he stillhave to invo9e itK -his seems to contemplate a situation !here he is bein0 char0ed a0ain of thesame crime2 and that he needs to invo9e the pardon as a defense2 !hich is impossible because of

double ?eopardy.

-he error in the Barrio:uinto rulin0 is that it borro!ed this distinction from 'merican la!2!hich allo!s the President the po!er to 0rant pardon even before conviction 1thus2 >ord !as ableto pardon +i8on even !ithout a trial.5

Such !as our la! under the Jones a! of "#"3. But under the "#$ Constitution2 this rule!as chan0ed6 pardon could only be 0ranted after conviction2 ,n "#<2 it !as made stricter6 pardoncould be 0ranted only after DfinalD conviction. -hen2 in "#="2 the phrase Dafter final convictionD!as dropped2 thus 0oin0 bac9 to the rule under the Jones a! and the President could 0rant pardonanytime. ,n "#=<2 the phrase reads6 Dafter conviction by final ?ud0ment.D

'side from e8tin0uishin0 criminal liability2 pardon also !or9s to remit fines and forfeitures paid in favor of the )overnment.

But it does not automatically restore the public office forfeited2 nor relieve the pardonee of civil liability and other claims pertainin0 to the private offended party.

1d5 *ffects of Pardon

,n Cristobal v abrador2 <" Phil ; 1"#;F52 the voter !hose ri0ht to vote !as challen0ed inan e8clusion proceedin0 because he had been convicted of estafa !hich carried the accessory penalty of dis:ualification from the ri0ht of suffra0e2 and in Pellobello v Palatino2 <4 Phil ;;"1"#;"52 the mayor%elect !ho !as not allo!ed to ta9e his oath because of a previous conviction2 for

falsification of a private document !hich li9e!ise carried the accessory penalty of dis:ualification2!ere both allo!ed to e8ercise their political ri0ht in vie! of the subse:uent pardon 0ranted them.L-here !ould be no problem if they !ere pardoned beforehand2 for then they !ould be restored totheir political ri0ht1s5 ri0ht a!ay.

Cristobal v abrador2 <" Phil ; 1"#;F5

>6 n @"$@F2 -eofilo Santos !as found 0uilty of estafa and sentenced to 3 months of arrestoma"or. Upon appeal2 his conviction !as affirmed. e !as confined in ?ail from @";@#@4 to =@"=@4. +ot!ithstandin0 his conviction2 Santos continued to be a re0istered elector in Malabon2 &izal and !asmunicipal pres. from "#; to "#<. Subse:uently2 -he *lection Code !as approved. Sec. #;2 par. 1b5 of said la! dis:ualifies the resp. from votin0 for havin0 been declared by final ?ud0ment 0uilty of any crime

a0ainst prop.D Bec. of this provision2 Santos petitioned the Chief *8ecutive for absolute pardon. -hePres. 0ranted his petition restorin0 him to his Dfull civil and political ri0hts2 e8cept that !ith respect to theri0ht to hold public office or employment2 he !ill be appointed for appointments only to positions !@c areclerical or manual in nature and involvin0 no money or prop. responsibility. n ""@;F2 Cristobal filed a petition for the e8clusion of SantosE name in from the list of voters in Malabon on the 0round that thelatter is dis:ualified under par. 1b52 Sec. #; of C' $<. C denied CristobalEs petition holdin0 that SantosE pardon had the effect of e8cludin0 him from the dis:ualification created by par. 1b5 of Sec. #;. ence2 this petition for ceritorari.

P')* 44




*/6 -here are 4 limitations upon the e8ercise of the constitutional prero0ative of the Pres. to0rant pardon6 1"5 that the po!er be e8ercised after conviction7 145 that such po!er does note8tend to cases of impeachment. 888 'n absolute pardon not only blots out the crime committed but it also removes all disabilities resultin0 from conviction. ,n the present case2 the disability isthe result of conviction !@o !@c there !ould be no basis for the dis:ualification from votin0.

888

,n the present case2 !hile the pardon e8tended is conditional in the sense that Dhe !ill beeli0ible for appointment only to positions !@c are clerical or manual in nature involvin0 no moneyor prop. resp.2 D it is absolute insofar as it Drestores the resp. to full civil and political ri0hts.DAdapted"

Pelobello v. Palatino <4 Phil ;;"

>6 Pelobello alle0es that Palatino is dis:ualified from votin0 and bein0 voted upon. ,t appears thatPalatino !as convicted by final ?ud0ment in "#"4 of atentado contra la autoridad " sus agentes andsentenced to imprisonment. e !as later elected mayor of -orri?os2 Marindu:ue in "#;F. ,t is admittedthat Palatino !as 0ranted by the )ov. )en. a conditional pardon in "#"$. ,t is also proven that on /ec. 4$2"#;F2 the President 0ranted him absolute pardon and restored him to the en?oyment of full civil and political ri0hts.

,SSU*6 G@+ the absolute pardon had the effect of removin0 the dis:ualification incident tocriminal conviction under the then *lection Code2 the pardon havin0 been 0ranted after the election but before the date fi8ed by la! for assumin0 office.

*/6 Y*S. -he SC adopts the broad vie! in Cristobal v. abrador that sub?ect to the limitationsimposed by the Constitution2 the pardonin0 po!er cannot be restricted or controlled by le0islation7an absolute pardon not only blots out the crime committed but removes all disabilities resultin0from the conviction7 and that !hen 0ranted after the term of imprisonment has e8pired2 absolute pardon removes all that is left of the conse:uences of conviction. -hus the better vie! is not tounnecessarily restrict or impair the po!er of the Chief *8ecutive !ho2 after in:uiry into theenvironmental facts2 should be at liberty to atone the ri0idity of la! to the e8tent of relievin0completely the party or parties concerned from the accessory and resultant disabilities of criminalconviction.

Under the circumstances of the case2 it is evident that the purpose in 0rantin0 him absolute pardon !as to enable him to assume the position in deference to the popular !ill7 and the pardon!as thus e8tended after the election but before the date fi8ed by the *lection Code for assumin0office. Adapted"

,n acuna v 'bes2 4; SC&' <=F2 the petitioner !as convicted of counterfeitin02 and so!as dis:ualified from the ri0ht of suffra0e. 's a result2 he !as not allo!ed to file his candidacy2even if he !as already 0ranted pardon2 because one of the re:uirements for the office !as that thecandidate be a :ualified voter. -he SC2 after pointin0 out that the la! did not re:uire that he be a

re0istered voter but only a :ualified voter at the day of election2 pointed out that2 0rantin0arguendo2 pardon retroacted to the day of the crime. -hus2 on the day of the election2 Dit is asthou0h he !as a re0istered voter even if on that day2 he !as not yet pardoned.D

acuna v. 'bes 4; SC&' <=F

>6 Mayor%elect 'bes had been convicted of the crime of counterfeitin0 treasury !arrants andsentenced to prision ma"or and a fine. 'fter he had partially served his sentence2 he !as released on 'pril

P')* 44;




<2 "#$# by virtue of a conditional pardon 0ranted by the President2 remittin0 only the une8pired portion of the prison term and fine. Githout the pardon2 his ma8imum sentence !ould have been served on ct. "2"#3".

Gith the approach of the "#3< elections2 'bes applied for re0istration as a voter but saidapplication !as denied. /espite this2 'bes filed his certificate of candidacy for the office of mayor andlater !on. n +ov. "32 "#3<2 he !as proclaimed the fully elected mayor. acuna placed second.

acuna filed his petition for 1uo warranto !ith prelim. in?unction in C>,%+ueva *ci?a. n the

same day that the hearin0 !as held on the application for prelim. in?unction2 the President 0ranted 'besan absolute and unconditional pardon and restored to him full civil and political ri0hts.

C>, dismissed the petition2 declarin0 'besE eli0ibility to the position of mayor.acuna contends that the restoration of 'besE civil and pol. ri0hts did not retroact to remove the

dis:ualification e8istin0 anterior to the 0rant of the pardon.

,SSU*6 G@+ a plenary pardon2 0ranted after election but before the date fi8ed by la! for assumin0office2 had the effect of removin0 the dis:ualifications prescribed by both the criminal and electoralcodes.

*/6 Y*S. -he vie! consistently adopted in this ?urisdiction is that the pardonEs effects shouldnot be unnecessarily limited as it !ould lead to the impairment of the pardonin0 po!er2 !hich !asnot contemplated in the Constitution 1Cristobal v. abrador7 Pelobello v. Palatino7 Mi?ares v.

Custorio5.

's laid do!n in the Pelobello case2 D888 sub?ect to the limitations imposed by theConstitution2 the pardonin0 po!er cannot be restricted or controlled by le0islative action7 that anabsolute pardon not only blots out the crime committed but removes all disabilities resulting fromconvictionB and that !hen 0ranted after the term of imprisonment has e8pired2 absolute pardonremoves all that is left of the conse1uences of conviction. -hus the better vie! is not tounnecessarily restrict or impair the po!er of the Chief *8ecutive !ho2 after in:uiry into theenvironmental facts2 should be at liberty to atone the ri0idity of la! to the e-tent of relieving completel" the part" or parties concerned from the accessor" and resultant disabilities of criminal conviction. Adapted"

,n Monsanto vs >actoran2 "<F SC&' "#F2 !here a !oman !ho !as convicted of estafathrou0h falsification of public documents !as 0ranted an absolute pardon2 and thereafter claimedshe !as entitled as a conse:uence to reinstatement as assistant city treasurer2 the SC held that a pardon cannot mas9 the acts constitutin0 the crime. -hese are Dhistorical factsD !hich2 despite the public manifestation of mercy and for0iveness implicit in pardon2 Dordinary2 prudent men !ill ta9einto account in their subse:uent dealin0s !ith the actor.D Pardon 0ranted after conviction frees theindividual from all penalties and le0al disabilities and restores him to all his civil ri0hts. But unlesse8pressly 0rounded on the personEs innocence2 it cannot brin0 bac9 lost reputation for honesty2inte0rity and fair dealin0. -his must be constantly 9ept in mind2 lest !e lose trac9 of the truecharacter and purpose of the privile0e. -hus2 pardon does not ipso facto restore a convicted felonto public office necessarily relin:uished or forfeited by reason of the conviction2 althou0h such pardon undoubtedly restores his eli0ibility for appointment to that office.

Monsanto vs >actoran2 "<F SC&' "#F

* Pardoned Convict is not 2ntitled to !einstatement to a Public =ffice.

P')* 44$




>6 Petitioner Salvacion Monsanto !as 'sst. -reasurer of Calbayo0 City. She !as convicted of estafathru falsification of public documents and sentenced to ; yrs.2 4 mos. and " day of prision correcional 2 asminimum2 to "F yrs. and " day of prision ma"or 2 as ma8imum7 to pay fine 1P2$FF5 and to indemnify the0ovt 1P;2=#4.$F5 in a decision of the SB. Ghile her case !as pendin0 appeal in the SC2 she !as 0rantedabsolute pardon and Drestored to full civil and political ri0htsD by then Pres. Marcos. -he Ministry of >inance a0reed to reinstate her !@o necessity of a ne! appointment provided this !as done not earlier than the date of her pardon. o!ever2 on ;@"$@=32 the ne! administration held that she !as not entitledto automatic reinstatement on the basis of the pardon 0ranted her. 's her M>& !as denied2 petitioner brou0ht this action to the SC. PetitionerEs theory is that the 0en. rule on pardon does not apply to her bec.she !as e8tended clemency !hile her case !as still pendin0 in the SC. She contended that !@o final ?ud0ment on conviction2 the accessory penalty of forfeiture of office did not attach.

*/6 1"5 Petitioner !as 0ranted pardon under the "#< Consti.2 as amended2 !@c2 by deletin0the re:uirement that pardon could be 0ranted only after final conviction2 impliedly authorized it to be 0ranted even before conviction. -he "#=< Consti. reverted to the former rule2 re:uirin0 finalconviction as a condition for the 0rant by the Pres. of pardon. o!ever2 it is immaterial !hen the pardon !as 0ranted2 for the result !ould be the same. By acceptin0 the pardon2 the petitioner isdeemed to have abondoned her appeal2 !@ the result that the ?ud0ment of conviction of the SB 1!@centailed her temporary absolute dis:ualification from holdin0 public office5 became final.

145 -he modern trend of authorities re?ect the unduly broad lan0ua0e of 2- Parte )arland2; Gall. 1"=3<5 to the effect that in the eyes of the la!2 the offender !ho is pardoned is asinnocent as if he had never committed the offense. Ghile !e are prepared to concede that pardonmay remit all the penal conse:uences of a criminal indictment if only to 0ive meanin0 to the fiatthat a pardon2 bein0 a presidential prero0ative2 should not be circumscribed by le0islative action2!e do not subscribe to the vie! that pardon blots out the 0uilt of an individual and that once he isabsolved2 he should be treated as if he !ere innocent. >or !hatever may have been the ?udicialdicta in the past2 !e cannot perceive ho! pardon can produce such Dmoral chan0esD as to e:uate a pardoned convict in character and conduct !@ one !ho has constantly maintained the mar9 of a0ood2 la!%abidin0 citizen. 'ccordin0ly2 pardon does not ipso facto restore him to public office mayhave been forfeited by reason of the conviction2 althou0h such pardon undoubtedly restores hiseli0ibility for appointment to that office. Petitioner may apply for reappointment but2 in

considerin0 her :ualifications2 the facts constitutin0 her conviction should be ta9en into account todetermine !hether she can a0ain be entrusted !@ public funds.

15 +or can petitioner be e8empted from the payment of the civil indemnity. ,t subsistsnot!ithstandin0 service of sentence2 if for any reason the sentence is not served by pardon2 amnestyor commutation of sentence. VV"

+otes on the case6 DPardon 0ranted after conviction frees the individual from all the penalties andle0al disabilities and restores him to all his civil ri0hts. But unless e8pressly 0rounded on the personEs innocence 1!@c is rare52 it cannot brin0 bac9 lost reputation for honesty2 inte0rity and fair dealin0. -his must be constantly 9ept in mind lest !e lose trac9 of the true character and purposeof the privile0e. 888D

1e5 Sanctions for violations of conditional pardon

-orres vs )onzales "$4 SC&' 4<4

,n proceedin0 a0ainst a convict !ho has been conditionally pardoned and !ho is alle0ed tohave breached the conditions of his pardon2 the *8ecutive /ept. has 4 options6 1i5 to proceeda0ainst him under Sec. 3;1i52 &'C7 or 1ii5 to proceed a0ainst him under 'rt. "$#2 &PC !hich

P')* 443




imposes the penalty of prision correccional minimum period2 upon a convict !ho havin0 been0ranted conditional pardon by the Chief *8ecutive2 shall violate any of the conditions of such pardon. ere2 the President has chosen to proceed a0ainst the petitioner under the &'C. -hatchoice is an e8ercise of the e8ecutive prero0ative and not sub?ect to ?udicial scrutiny.

1f5 /oes pardonin0 po!er apply to administrative casesK

lamas vs *8ecutive Secretary2 4F4 SC&' =;; 1"##"5

Conviction ma" be used in either a criminal case or in an administrative case.

>6 Pet. lamas !as Vice%)ov. of -arlac !ho assumed the position of 0ov. !hen )ov. campo!as found 0uilty by /,) of a viol. of &' F"# and meted a penalty of #F days suspension.'dministrative conviction !as based on complaint filed by petitioners and others char0in0 campo!@ e8ecutin0 loan a0reement !@ in09od -arlac >oundation for the amount of P4FM2 !@c is a non%stoc9 and non%profit or0. headed by the 0ov. as chairman and his brother%in%la! as e8ecutivedirector2 trustee and secretary. oan !as claimed to be disadvanta0eous to the 0ovt. M>& bycampo !as denied by /,). n @"#@#"2 campo issued Dadmin. orderD !herein he si0nifiedintention to continue in office at his residence in the belief that pendency of appeal to the *8ec. Sec. precluded finality as e8ecutory of the /,) order. G@o rulin0 on the M>&2 the *8ec. Sec. issued aresolution 0rantin0 e8ecutive clemency to campo. lamas filed petition claimin0 that e8ecutiveclemency could only be 0ranted by the Pres. in crim. cases2 not in admin. cases.

*/6 'ccordin0 to petitioner2 Dafter conviction by final ?ud0mentD applies solely to crim. cases.DBut2 he himself describes the 0overnor as one Dconvicted in an admin. caseD and thus actuallyconcedes that DconvictionD may be used either in a crim. or admin. case. -he Const. does notdistin0uish bet. !@c cases e8ecutive clemency may be e8ercised by the Pres.2 !@ the sole e8clusionof impeachment cases.

If the President can grant reprieves( commutations and pardons( and remit fines and

forfeitures in criminal cases( with much more reason can she grant e-ecutive clemenc" inadministrative cases( which are clearl" less serious than criminal offenses . o!ever2 the power of the President to grant e-ecutive clemenc" in administrative cases refers onl" to administrativecases in the 2-ecutive branch and not in the Judicial or Legislative branches of the govt.

Under the doctrine of ualified Political '0ency2 the different *8ecutive departments aremere ad?uncts of the President. -heir acts are presumptively the acts of the President untilcountermanded or reprobated by her. ,n this case2 the President in the e8ercise of her po!er of supervision and control over all e8ecutive departments2 may substitute her decision for that of her subordinate. ,t is clearly !ithin the po!er of the President not only to 0rant De8ecutive clemencyD but also to reverse or modify a rulin0 issued by a subordinate a0ainst an errin0 public official2!here a reconsideration of the facts alle0ed !ould support the same. ,t is in this sense that thealle0ed e8ecutive clemency !as 0ranted. Adapted"

Sec. $2 Chapter <2 Subtitle '2 -itle ,2 Boo9 V2 'dministrative Code of "#=<

*e%" ;8" -emo$al of dministrati$e Penalties or Disabilities&'' In 2eritorio,s %asesand ,pon re%o22endation o+ t&e Civil *ervi%eD Co22ission4 t&e President 2a! %o22,te orre2ove ad2inistrative penalties or disailities i2posed ,pon o++i%ers or e2plo!ees in

P')* 44<




dis%iplinar! %ases4 s,<e%t to s,%& ter2s and %onditions as &e 2a! i2pose in t&e interest o+ t&eservi%e

105 Gho may avail of amnestyK

-olentino vs Catoy =4 Phil FF 1"#;=5

>6 Petitioner !as a u9balahap !ho !as found 0uilty of ille0al assembly in furtherance of theu9balahap desi0ns. 'fter the ?ud0ment !as promul0ated2 the President issued Proc. +o. <3 0rantin0amnesty to leaders and members of the u9balahap. Petitioner !ho !as already servin0 his sentence2 senta petition to the President for his release under the provisions of the proclamation. +o action !as ta9enon his petition. e then !ent to court and filed an application for a !rit of habeas corpus.

*/ 6 -hou0h some members of the Court :uestion the applicability of 'mnesty Proclamation +o. <3 to u9balahaps already under0oin0 sentence upon the date of its promul0ation2 the ma?orityof the Court believe that by its conte8t and pervadin0 spirit the proclamation e8tends to allmembers of the u9balahap. ,t ma9es no e8ception !hen it announces that the amnesty is proclaimed in favor of the leaders and members of the associations 9no!n as the u9balahap and

Pambansan0 Iaisahan n0 Ma0bubu9id 1PIM5. +o compellin0 reason is apparent for e8cludin0u9balahaps of any class or condition from its ob?ect !hich is Dto for0ive and fore0o the prosecution of the crimes of rebellion2 sedition2 etc.D ,f total punishment is fore0one in favor of u9balahaps !ho succeeded in evadin0 arrest2 it stands to reason that those !ho fell into theclutches of the la! have a better claim to clemency for the remainin0 portion of a punishment fi8edfor the same offense.

-he avo!ed practical ob?ective of the amnesty is to secure pled0e of loyalty and obedienceto the constituted authorities and encoura0e resumption of la!ful pursuits and occupation. -hisob?ective cannot be e8pected to meet !ith full success !ithout the 0ood!ill and cooperation of theu9balahaps !ho have become more embittered by their capture2 prosecution and incarceration.

>undamentally and in their utmost effect2 pardon and amnesty are synonymous. Pardonincludes amnesty. Pardon and amnesty are both construed most strictly a0ainst the state.

Adapted"

Maca0a%an vs People "$4 SC&' ;F

Petitioners !ere char0ed and convicted of estafa throu0h falsification of public andcommercial documents by the Sandi0anbayan. -hey claimed that they had been 0ranted amnesty by President Marcos. -he Sandi0anbayan claimed that the benefits of amnesty !ere never available to petitioners under P/ ""=4. -he SC a0reed !ith the Sandi0anbayan that in fact the petitioners !ere e8pressly dis:ualified from amnesty. -he acts for !hich they !ere convicted !ereordinary crimes !ithout any political comple8ion and consistin0 only of diversion of public fundsto private profit. -he amnesty proclamation covered only acts in the furtherance of resistance toduly constituted authorities of the &epublic.

B'&+)'Y C'S*6

Vera vs. People2 < SC&' "$4 1"#35

*mnest" cannot be invoked( where the accused actuall" denies the commission of the offensecharged.

P')* 44=




>6 ,n the C>,%uezon2 petitioners Vera2 amon0 others2 !ere char0ed !@ the comple8 crime of 9idnappin0 !@ murder of 'madeo ozanes. Upon petitionersE motion2 invo9in0 the benefits of 'mnestyProcl. of the Pres2 s. of "#;32 the case !as referred to the *i0ht )uerrilla 'mnesty Commission2 !@cactually tried it. /urin0 the hearin02 none of the petitioners admitted havin0 committed the crimechar0ed. ,n fact2 Vera2 the only def. !ho too9 the !itness stand2 instead of admittin0 the 9illin0 of thedeceased ozanes2 cate0orically denied it. ence2 the Commission2 in its decision held that it could notta9e co0nizance of the case2 on the 0round that the benefits of the 'mnesty Procl.2 could be invo9ed only by defs. in a criminal case !ho2 admittin0 the commission of the crime2 plead that said commission !as in pursuance of the resistance movement and perpetrated a0ainst persons !ho aided the enemy durin0 theJapanese occupation. Conse:uently2 the Commission ordered that the case be remanded to the court of ori0in for trial. ' M>& !as filed by petitioners but !as denied. >rom this order of the Commission2 petitioners appealed to the C' !@c certified the appeal to us2 in vie! of the le0al issue involved.

,SSU*6 G@n persons invo9in0 the benefit of amnesty should first admit havin0 committed thecrime of !@c they are accused.

Petitioners contend that to be entitled to the benefits of 'mnesty Procl. +o. =2 it is notnecessary for them to admit the commission of the crime char0ed2 citin0 in support of their submission2 amon0 others2 the case of Barrio:uinto2 et. al vs. >ernandez2 et2 al. 1=4 P3;4.5 to theeffect that Din order to entitle a person to the benefits of 'mnesty Procl.2 it is not necessary that heshould2 as a condition precedent2 admit havin0 committed the criminal act or offense !@ !@c he ischar0ed2 and alle0e the amnesty as a defense7 it is sufficient that the evidence2 either of thecomplainant or the accused2 sho!s that the offense committed comes !@in the terms of said'mnesty Procl.

*/6 But said cases have been superseded and deemed overruled by the subse:uent cases of Peo. vs. lanita2 et. al. 1=3 P 4"#52 etc. !herein !e held that%%

D,t is ran9 inconsistency for appellant to ?ustify an act or see9 for0iveness for anact2 accordin0 to him2 he has not committed. *mnest" presupposes the commission of acrime( and when an accused maintains that he has not committed a crime( he cannot have an" use for amnest". Ghere an amnesty procl. imposes certain conditions2 as inthis case2 it is incumbent upon the accused to prove the e8istence of such conditions.The invocation of amnest" is in the nature of a plea of confession and avoidance( whichmeans that the pleader admits the allegations against him but disclaims liabilit"therefor on account of intervening facts which( if proved( would bring the crime charged within the scope of the amnest" proclamation.D 1italics supplied.5

't any rate2 the facts established bef. the Commission do not brin0 the case !@in the termsof the 'mnesty Procl. 888 's found by the Commission2 the 9illin0 of the deceased 1ozanes5 !asnot in furtherance of the resistance movement2 but due to the rivalry bet. the unterEs )uerrilla2 to!@c he belon0ed2 and the VeraEs )uerrilla of petitioners. RAM"

1=5 Po!ers as commander%in%chief

Art" VII4 *e%" 1" T&e President s&all e t&e Co22anderin C&ie+ o+ all ar2ed +or%eso+ t&e P&ilippines4 and #&enever it e%o2es ne%essar!4 &e 2a! %all o,t s,%& ar2ed +or%es toprevent or s,ppress la#less violen%e4 invasion or reellion" In %ase o+ invasion or reellion4#&en t&e p,li% sa+et! re,ires it4 &e 2a!4 +or a period not e3%eeding si3t! da!s4 s,spend t&eprivilege o+ t&e #rit o+ habeas corpus or pla%e t&e P&ilippines or an! part t&ereo+ ,nder2artial la#" Wit&in +ort!eig&t &o,rs +ro2 t&e pro%la2ation o+ 2artial la# or t&e s,spensiono+ t&e privilege o+ t&e #rit o+ habeas corpus4 t&e President s&all s,2it a report in person orin #riting to t&e Congress" T&e Congress4 voting <ointl!4 ! a vote o+ at least a 2a<orit! o+ all

P')* 44#




its Me2ers in reg,lar or spe%ial session4 2a! revoe s,%& pro%la2ation or s,spension4 #&i%&revo%ation s&all not e set aside ! t&e President" Upon t&e initiative o+ t&e President4 t&eCongress 2a!4 in t&e sa2e 2anner4 e3tend s,%& pro%la2ation or s,spension +or a period to edeter2ined ! t&e Congress4 i+ t&e invasion or reellion s&all persist and p,li% sa+et!re,ires it"

T&e Congress4 i+ not in session4 s&all #it&in t#ent!+o,r &o,rs +ollo#ing s,%&

pro%la2ation or s,spension4 %onvene in a%%ordan%e #it& its r,les #it&o,t need o+ a %all"T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled ! an! %iti5en4 t&e


A state o+ 2artial la# does not s,spend t&e operation o+ t&e Constit,tion4 nors,pplant t&e +,n%tioning o+ t&e %ivil %o,rts or legislative asse2lies4 nor a,t&ori5e t&e%on+er2ent o+ <,risdi%tion on 2ilitar! %o,rts and agen%ies over %ivilians #&ere %ivil %o,rts areale to +,n%tion4 nor a,to2ati%all! s,spend t&e privilege o+ t&e #rit"



Art" III4 *e%" 18" All persons4 e3%ept t&ose %&arged #it& o++enses p,nis&ale !reclusion perpetua #&en t&e eviden%e o+ g,ild is strong4 s&all4 e+ore %onvi%tion4 e ailale! s,++i%ient s,reties4 or e released on re%ogni5an%e as 2a! e provided ! la#" T&e rig&t toail s&all not e i2paired even #&en t&e privilege o+ t&e #rit o+ habeas corpus is s,spended"E3%essive ail s&all not e re,ired"

Art" VIII4 *e%" 1" 333B,di%ial po#er in%l,des t&e d,t! o+ t&e %o,rts o+ <,sti%e to settle a%t,al %ontroversies

involving rig&ts #&i%& are legall! de2andale and en+or%eale4 and to deter2ine #&et&er ornot t&ere &as een a grave a,se o+ dis%retion a2o,nting to la% or e3%ess o+ <,risdi%tion on

t&e part o+ an! ran%& or instr,2entalit! o+ t&e 0overn2ent"

's Commander%in%Chief of all armed forces of the Philippines2 the President has thefollo!in0 po!ers6

a. e may call out such armed forces to prevent or suppress la!less violence2 invasion or rebellion.

b. e may suspend the privile0e of the !rit of habeas corpus2 or

c. e may proclaim martial la! over the entire Philippines or any part thereof.

Sub?ect to6 'rt. V,,,2 Sec. " par. 4. Judicial po!er includes the duty of the courts of ?ustice to settleactual controversies involvin0 ri0hts !hich are le0ally demandable and enforceable2 and todetermine !hether or not there has been a 0rave abuse of discretion amountin0 to lac9 or e8cess of ?urisdiction on the part of any branch or instrumentality of the )ovt.

Call out the '>P to prevent la!less violence

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-his is merely a police measure meant to :uell disorder. 's such2 the Constitution does notre0ulate its e8ercise radically

Suspend the privile0e of the !rit of habeas corpus

' D!rit of habeas corpusD is an order from the court commandin0 a detainin0 officer toinform the court 1i5 if he has the person in custody2 and 1ii5 !hat his basis in detainin0 that person.

-he Dprivile0e of the !ritD is that portion of the !rit re:uirin0 the detainin0 officer to sho!cause !hy he should not be tested. +ote that it is the privile0e that is suspended2 not the !rit itself.

&e:uisites6

". -here must be an invasion or rebellion2 and

4. -he public safety re:uires the suspension.

*ffects of the suspension of the privile0e

". -he suspension of the privile0e of the !rit applies only to persons D?udicially char0edDfor rebellion or offenses inherent in or directly connected !ith invasion 1'rt. V,,2 Sec. "=2 par. $5.Such persons suspected of the above crimes can be arrested and detained !ithout a !arrant of arrest.

DJudicially char0edD as used in the Constitution is imprecise. >or if one !ere already ?udicially char0ed2 his detention !ould be le0al and so he could no lon0er petition for habeascorpus. /abeas corpus precisely contemplates a situation in !hich a person is bein0 detained!ithout bein0 char0ed in court. -hus2 the provision should read Done !ho is suspected of complicity inD the t!o crimes above.

's a 0eneral rule2 no person could be arrested !ithout a !arrant of arrest 1validly issuedupon probable cause to be determined personally by the ?ud0e after e8amination under oath or affirmation of the complainant and the !itnesses2 1cf. 'rt. ,,,2 Sec. 452 unless 1i5 the arrest !asmade in connection !ith a crime committed in the presence of the detainin0 officer2 or 1ii5 the privi%le0e of the !rit !as suspended. ,f the public officer arrests him !ithout a !arrant2 the officer becomes liable for Darbitrary detentionD under 'rt. "4; of the &PC2 and a petition for habeascorpus can be filed to see9 his release.

-he suspension of the privile0e does not ma9e the arrest !ithout !arrant le0al. But themilitary is2 in effect2 enabled to ma9e the arrest2 any!ay since2 !ith the suspension of the privile0e2there is no remedy available a0ainst such unla!ful arrest 1arbitrary detention5. -he arrest !ithout!arrant is ?ustified by the emer0ency situation and the difficulty in applyin0 for a !arrantconsiderin0 the time and the number of persons to be arrested.

But the crime for !hich he is arrested must be one related to rebellion or the invasion. 'sto other crimes2 the suspension of the privile0e does not apply.

4. /urin0 the suspension of the privile0e of the !rit2 any person thus arrested or detainedshall be ?udicially char0ed !ithin days2 or other!ise he shall be released. 1'rt. V,,2 Sec. "=2 par.35.

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,n other !ords2 the public officer can detain a person !ithout !arrant of arrest2 but he canonly do so for <4 hours. Before the lapse of <4 hours2 an information must have been filed in the proper court char0in0 him of the offense for !hich he !as arrested. Under the &ules of CriminalProcedure2 if the detainee !ants a preliminary investi0ation to be first conducted by the fiscal2 hemust si0n a !aiver of the effects of 'rt. "4$. 1delay in the delivery of detained persons5

-he effect of the suspension of the privile0e2 therefore2 is only to e8tend the periods durin0!hich he can be detained !ithout a !arrant. Under 'rt. "4$2 as amended by * 4<42 the publicofficer can only detain him for "42 "= or 3 hours dependin0 on the 0ravity of the offense of !hichhe is char0ed7 !ithin this time2 he must be ?udicially char0ed2 other!ise2 he must be released.Ghen the privile0e is suspended2 the period is e8tended to <4 hours.

Ghat happens if he is not ?udicially char0ed nor released after <4 hoursK -he publicofficer becomes liable under 'rt. "4$ for Ddelay in the delivery of detained persons.D 's to thedetainee2 it is submitted that he or someone else in his behalf can file a petition for habeas corpus.>or even if the suspension has a lifetime of 3F days in 0eneral2 as to that person2 the suspensiononly has an effectivity of <4 hours2 so that after this time2 the suspension is lifted as to him.

. -he ri0ht to bail shall not be impaired even !hen the privile0e of the !rit of habeascorpus is suspended. 1'rt. ,,,2 Sec. "5

'rt. ,,,2 Sec. ". 888 -he ri0ht to bail shall not be impaired even !hen the privile0e of the!rit of C is suspended. *8cessive bail shall not be re:uired.

-his ne! provision abro0ates the rulin0 in Morales v Ponce% *nrile !hich held thecontrary.

Proclaim Martial a!

&e:uisites6

". -here must be an invasion or rebellion2 and

4. Public safety re:uires the proclamation of martial la! all over the Philippines or any part thereof.

*ffects of the proclamation of martial la!

-he President can6". e0islate

4. rder the arrest of people !ho obstruct the !ar effort.

But the follo!in0 cannot be done 1'rt. V,,2 Sec. "=2 par. ;5

". Suspend the operation of the Constitution.

4. Supplant the functionin0 of the civil courts and the le0islative assemblies.

P')* 44




-he principle is that martial la! is proclaimed only because the courts and other civilinstitutions li9e Con0ress have been shut do!n. ,t should not happen that martial la! is declaredin order to shut do!n the civil institutions.

. Confer ?urisdiction upon military courts and a0encies over civilians2 !here civil courtsare unable to function.

-his is the Dopen courtD doctrine !hich holds that civilians cannot be tried by militarycourts if the civil courts are open and functionin0. But if the civil courts are not functionin02 thencivilians can be tried by the military courts. Martial la!s usually contemplates a case !here thecourts are already closed and the civil institutions have already crumbled2 that is a Dtheater of !ar.D,f the courts are still open2 the President can ?ust suspend the privile0e and achieve the same effect.

;. 'utomatically suspend the privile0e of the !rit of habeas corpus.

-his overrules the holdin0 in ':uino v Ponce%*nrile2 $# SC&' "= 1"#<;52 that !hen thePresident proclaims martial la!2 he also impliedly suspends the privile0e of the !rit.

Under the present rule2 the President can still suspend the privile0e even as he proclaimmartial la!2 but he must so suspend e8pressly.

The !ole of Congress

a. Ghen the President proclaims martial la! or suspends the privile0e of the !rit2 such proclamation or suspension shall be effective for a period of 3F days2 unless sooner revo9ed by theCon0ress.

b. Upon such proclamation or suspension2 Con0ress shall convene at once. ,f it is not insession2 it shall convene in accordance !ith its rules !ithout need of a call !ithin 4; hoursfollo!in0 the proclamation or suspension.

c. Githin ;= hours from the proclamation or the suspension2 the President shall submit areport2 in person or in !ritin02 to the Con0ress 1meetin0 in ?oint session of the action he has ta9en5.

d. -he Con0ress shall then vote ?ointly2 by an absolute ma?ority. ,t has t!o options6

1i5 -o revo9e such proclamation or suspension.

Ghen it so revo9es2 the President cannot set aside 1or veto5 the revocation as he normally!ould do in the case of bills. ,f Con0ress does not do anythin02 the measure !ill e8pire any!ay in3F days. So the revocation must be made before the lapse of 3F days from the date the measure!as ta9en.

1ii5 -o e8tend it beyond the 3F%day period of its validity.

Con0ress can only so e8tend the proclamation or suspension upon the initiative of thePresident. -he period need not be 3F days7 it could be more2 as Con0ress !ould determine2 basedon the persistence of the emer0ency. ,f Con0ress fails to act before the measure e8pires2 it can nolon0er e8tend it until the President a0ain redeclares the measure2 for ho! do one e8tend somethin0that has already lapsedK

+ote that Con0ress cannot DvalidateD the proclamation or suspension2 because it is alreadyvalid. ,t is thus restricted to the 4 measures above.

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,f Con0ress e8tends the measure2 but before the period of e8tension lapses2 there:uirements for the proclamation or suspension no lon0er e8ist2 Con0ress can lift the e8tension2since the po!er to confer implies the po!er to ta9e bac9. ,f Con0ress does not revie! or lift theorder2 this can be revie!ed by the Supreme Court pursuant to the ne8t section.

The !ole of the upreme Court

-he Supreme Court may revie!2 in an appropriate proceedin0 filled by any citizen2 thesufficiency of the factual basis of 1a5 the proclamation of martial la! or the suspension of the privi%le0e of the !rit2 or 1b5 the e8tension thereof. ,t must promul0ate its decision thereon !ithin Fdays from its filin0. 1'rt. V,,2 Sec. "= par. 5

-his is because ?udicial po!er includes the duty to determine !hether or not there has beena 0rave abuse of discretion amountin0 to lac9 or e8cess of ?urisdiction on the part of any branch or instrumentality of the )overnment. 1'rt. V,,,2 Sec. "2 par. 45

-he ?urisdiction of the SC may be invo9ed in a proper case. ' petition for habeas corpusis one such case. Ghen a person is arrested !ithout a !arrant for complicity in the rebellion or invasion2 he or someone else in his behalf has the standin0 to :uestion the validity of the proclamation or suspension. But before the SC can decide on the le0ality of his detention2 it mustfirst pass upon the validity of the proclamation or suspension.

-he test to be used by the Supreme Court in so revie!in0 the act of the President in proclaimin0 or suspendin02 or the act of Con0ress in e8tendin02 is the test of arbitrariness !hichsee9s to determine the sufficiency of the factual basis of the measure. -he :uestion is not !hether the President or Con0ress acted correctly2 but !hether he acted arbitrarily in that the action had no basis in fact.

/ecidin0 on !hether the act !as arbitrary amounts to a determination of !hether or not

there !as 0rave abuse of discretion amountin0 to lac9 or e8cess of ?urisdiction2 !hich is no! made part of ?udicial po!er by 'rt. V,,,2 Sec. "2 par. 4. -his curbs radically the application of the political :uestion doctrine.

-his test !as ta9en from the case of ansan0 v )arcia2 ;4 SC&' ;;3 1"#<"5. -he issuethere raised !as !hether in suspendin0 the privile0e of the !rit in "#<"2 Marcos had a basis for doin0 so. -he SC2 in considerin0 the fact that the President based his decision on 1a5 the Senatereport on the condition in Central uzon and 1b5 a closed door briefin0 by the military sho!in0 thee8tent of subversion2 concluded that the President did not act arbitrarily. ne may disa0ree !ithhis appreciation of the facts2 but one cannot say that it is !ithout basis.

L,n this case of ansan0 vs. )arcia2 the SC held unanimously that it has the authority toin:uire into the e8istence of the factual basis in order to determine the constitutional sufficiencythereof. -his holdin0 of the SC is no! found in 'rt. V,,2 Sec. "=2 par. .

Gith this test and the ne! provisions in the "#=< Constitution2 the case of )arcia%Padilla vPonce *nrile2 "4" SC&' ;<4 1"#=52 is2 at last2 overruled2 and may it be so al!ays. ,n that case2the SC held that the PresidentEs proclamation of martial la! is beyond ?udicial revie!2 and that thecitizen can only trust that the President acts in 0ood faith. -he cases of Barcelon v Ba9er andMontene0ro v Castaneda2 !hich ruled that the validity of the suspension of the privile0e !as a political :uestion2 are li9e!ise buried in the 0rave of ?udicial history.

P')* 4;




-here are ; !ays2 then2 for the proclamation or suspension to be lifted6

"5 iftin0 by the President himself 45 &evocation by Con0ress5 +ullification by the Supreme Court

;5 peration of la! after 3F days

)ilitar" Trial of Civilians ;oid 2ven #nder )artial Law( If Civil Courts *re =pen. 9*rt. ;II(ec. %6( par. .:.

,n ':uino vs Military Commission +o. 42 3 SC&' $;32 the SC upheld the po!er of thePresident to create military tribunals authorized to try not only military personnel but also civilianseven if at that time civil courts !ere open and functionin02 thus re?ectin0 the Dopen courtD theory.-he SC there held6 DMartial la! creates an e8ception to the 0eneral rule of e8clusive sub?ection tothe civil ?urisdiction2 and renders offenses a0ainst the la!s of !ar2 as !ell as those of a civilcharacter2 triable by military tribunals. Public dan0er !arrants the substitution of e8ecutive process for ?udicial process. -he immunity of civilians from military ?urisdiction2 must2 ho!ever20ive !ay in areas 0overned by martial la!. 888

,n the case of la0uer vs Military Commission +o. ;2 "$F SC&' ";;2 the ':uino vs.Military Commission +o. 4 decision !as reversed. 'ccordin0 to the SC2 civilians !ho are placedon trial for civil offenses under 0eneral la! are entitled to trial by ?udicial process. Since !e arenot enemy%occupied territory nor are !e under a military 0ovt. and even on the premise that martialla! continues in force2 the military tribunals cannot try and e8ercise ?urisdiction over civilians for civil offenses committed by them !hich are properly co0nizable by the civil courts that haveremained open and have been re0ularly functionin0. -he assertion of military authority over civilians cannot rest on the PresidentEs po!er as Commander in Chief or on any theory of martialla!. 's lon0 as civil courts remain open and are re0ularly functionin02 military tribunals cannot tryand e8ercise ?urisdiction over civilians for offenses committed by them and !hich are properlyco0nizable by civil courts. -o hold other!ise is a violation of the ri0ht to due process.

D-he presidin0 officer at a court martial is not a ?ud0e !hose ob?ectivity and independence

are protected by tenure and undiminshed salary and nurtured by the ?udicial tradition2 but is amilitary officer. Substantially different rules of evidence and procedure apply in military trials.'part from these differences2 the su00estion of the possibility of influence on the actions of thecourt%martial by the officer !ho convenes it2 selects its members and the counsel on both sides2 and!ho usually has direct command and authority over its members is a pervasive one in militaryla!s2 despite strenuous efforts to eliminate the dan0er.

1#5 *mer0ency po!ers

Art" VI4 *e%" 78" 3337D In ti2es o+ #ar or ot&er national e2ergen%!4 t&e Congress4 2a!4 ! la#4 a,t&ori5e

t&e President4 +or a li2ited period4 and s,<e%t to s,%& restri%tions as it 2a! pres%rie4 toe3er%ise po#ers ne%essar! and proper to %arr! o,t a de%lared national poli%!" Unless sooner#it&dra#n ! resol,tion o+ t&e Congress4 s,%& po#ers s&all %ease ,pon t&e ne3t ad<o,rn2entt&ereo+"

-his 0rant of emer0ency po!er to the President is different from the Commander%in%Chief clause. Ghen the President acts under the Commander%in%Chief clause2 he acts under aconstitutional 0rant of military po!er2 !hich may include the la!%ma9in0 po!er. But !hen the

P')* 4$




President acts under the emer0ency po!er2 he acts under a Con0ressional dele0ation of la!%ma9in0 po!er.

-he scope of the 0rant is such Dpo!ers necessary and proper to carry out a declarednational policy.D Under the "#$ Constitution2 this !as construed the po!er to issue rules andre0ulations to carry out the declared policy. -he "#=< Constitution2 it is submitted2 does not

chan0e the scope. DPo!er necessary and properD should mean le0islative po!er2 because Con0ressis only allo!ed to dele0ate le0islative po!er2 bein0 its only inherent po!er. ,ts other po!ers areonly 0ranted to it by the Constitution2 and so it cannot dele0ate !hat has only been dele0ated to it.

-his po!er is 1"5 for a limited period2 and 145 sub?ect to such restrictions as Con0ress may provide. -he po!er ceases 1a5 upon bein0 !ithdra!n by resolution of the Con0ress2 or2 if Con%0ress fails to adopt such resolution2 1b5 upon the ne8t 1voluntary5 ad?ournment of Con0ress. >or the fact that Con0ress is able to meet in session uninterruptedly and ad?ourn of its o!n !ill provesthat the emer0ency no lon0er e8ists is to ?ustify the dele0ation.

-his rule or the termination of the 0rant of emer0ency po!ers is based on decided cases2!hich in turn became 'rt. V,,2 Sec. "$ of the "#< Constitution.

,n 'raneta v /in0lasan2 =; Phil 3= 1"#;#52 the Con0ress 0ranted the Presidentemer0ency po!ers to fi8 rentals of houses. 'fter the !ar2 Con0ress held a special session. -heSC held that the emer0ency po!er lasted only until Con0ress held its re0ular session. -he factthat Con0ress could no! meet meant that there !as no emer0ency anymore that !ould ?ustify thedele0ation.

,n the cases of &odri0uez v -reasurero2 involvin0 the la! made by Pres. uirinoappropriatin0 the sum of money for the operation of the 0overnment7 Barredo v CM**C2involvin0 another la! made by Pres. uirino appropriatin0 an amount to defray the e8penses for an election2 and )uevarra v Collector of Customs2 involvin0 a re0ulation of e8port2 the SC heldthat the emer0ency po!er that enabled the President to le0islate ceased the moment Con0ress

could meet in re0ular session.

't the very least2 said the SC in &odri0uez v )ella2 #4 Phil 3F 1"#$52 it should ceaseupon the approval of a resolution by Con0ress terminatin0 such 0rant. ,n this case2 the Con0ressenacted a bill precisely terminatin0 the 0rant of emer0ency po!er2 but this !as vetoed by thePresident. -he SC ruled that the vetoed bill should be deemed a resolution that terminates the0rant.

'raneta v /in0lasan2 =; Phil 3= 1"#;#5

>6 -he petitions challen0e the validity of *s of the Pres. avo!edly issued in virtue of C' 3<".-hey rest their case chiefly on the proposition that the *mer0ency Po!ers 'ct 1C' 3<"5 has ceased tohave any force and effect.

*/6 C' 3<" became inoperative !hen Con0ress met in re0ular session on $@4$@;32 and the*s !ere issued !@o authority of la!.

C' 3<" does not in term fi8 the duration of its effectiveness. -he intention of the 'ct hasto be sou0ht for in its nature2 the ob?ect to be accomplished2 the purpose to be subserved2 and itsrelation to the Consti.

P')* 43




'rt. V, of the "#$ Consti. provides that any la! passed by virtue thereof should be Dfor alimited period.D -he !ords Dlimited periodD are beyond :uestion intended to mean restrictive induration. *mer0ency2 in order to ?ustify the dele0ation of emer0ency po!ers2 Dmust be temporaryor it can not be said to be an emer0ency.D

,t is to be presumed that C' 3<" !as approved !@ this limitation in vie!. -he oppositetheory !ould ma9e the la! repu0nant to the Consti.2 and is contrary to the principle that the

le0islature is deemed to have full 9no!led0e of the constitutional scope of its po!ers. -heassertion that ne! le0islation is needed to repeal the act !ould not be in harmony !@ the Consti.either. ,f a ne! and different la! !ere necessary to terminate the dele0ation2 the period for thedele0ation !ould be unlimited2 indefinite2 ne0ative and uncertain7 Dthat !@c !as intended to meet atemporary emer0ency may become permanent la!2D for Con0ress mi0ht not enact the repeal2 andeven if it !ould2 the repeal mi0ht not meet !@ the approval of the Pres.2 and the Con0ress mi0ht not be able to override the veto. >urther2 this !ould create the anomaly that2 !hile Con0ress mi0htdele0ate its po!ers by simple ma?ority2 it mi0ht not be able to recall them e8cept by a 4@ vote.888. RAM"

&odri0uez v )ella2 #4 Phil 3F 1"#$5

>6 n "4@"3@;"2 C' 3<" !as approved declarin0 a state of total emer0ency as a result of !ar involvin0 the Phils. and authorizin0 the Pres. to promul0ate rules and re0ulations to meet suchemer0ency.D ,n "#;#2 the SC decided that said emer0ency po!ers ceased as early as "#;$. ere2 the issuea0ain is !@n C' 3<" is still effective. ,t appears that in "#$42 the Pres. issued *s $;$ and $;3 1for appropriation of funds for public !or9s and for relief in the provinces and cities visited by typhoons2floods2 etc.5

-he Con0ress passed ouse Bill <4< declarin0 that D!as has lon0 endedD and that the Dneed for the 0rant of such unusual po!ers to the Pres. has disappeared2D and for that reason 2 Con0ress repealed allthe *mer0ency Po!ers 'cts of the Pres. o!ever2 this !as vetoed by the Pres.

Petitioners see9 to invalidate said *s.

*/6 'lthou0h ouse Bill <4<2 has been vetoed by the Pres. and did not thereby become are0ular statute2 it may at least be considered as a concurrent resolution of the Con0ress formally

declarin0 the termination of the emer0ency po!ers. -o contend that the Bill needed presidentialac:uiescence to produce effect2 !ould lead to the anomalous2 if not absurd situation that2 D!hileCon0ress !hile dele0ate its po!ers by a simple ma?ority2 it mi0ht not be able to recall them e8cept by 4@ vote. 888 Adapted"

Barlon0ay6 +otice the apparent inconsistency bet. the Constitution and the cases. -he Consti.L'rt. V,2 Sec. 4 145 states that the emer0ency po!ers shall cease upon the ne-t ad5ournment of Congress unless sooner !ithdra!n by resolution of Con0ress !hereas the cases tell us that theemer0ency po!ers shall cease upon resumption of session. -o reconcile the t!o2 , believe that it!ould not be enou0h for Con0ress to ?ust resume session in order that the emer0ency po!ers shallcease. ,t has to pass a resolution !ithdra!in0 such emer0ency po!ers2 other!ise such po!ersshall cease upon the ne8t ad?ournment of Con0ress.

1"F5 Contractin0 and 0uaranteein0 forei0n loans

Art" VII4 *e%" 7=" T&e President 2a! %ontra%t or g,arantee +oreign loans on e&al+ o+ t&e Rep,li% o+ t&e P&ilippines #it& t&e prior %on%,rren%e o+ t&e Monetar! $oard4 ands,<e%t to s,%& li2itations as 2a! e provided ! la#" T&e Monetar! $oard s&all4 #it&int&irt! da!s +ro2 t&e end o+ ever! ,arter o+ t&e %alendar !ear4 s,2it to Congress a %o2pletereport o+ its de%isions on appli%ations +or loans to e %ontra%ted or g,aranteed ! t&e

P')* 4<




0overn2ent4 or govern2ento#ned or %ontrolled %orporations4 #&i%& #o,ld &ave t&e e++e%to+ in%reasing t&e +oreign det4 and %ontaining ot&er 2atters provided ! la#"

Art" >II4 *e%" 71" (oreign loans 2a! onl! e in%,rred in a%%ordan%e #it& la# and t&ereg,lation o+ t&e 2onetar! a,t&orit!" In+or2ation on +oreign loans otained or g,aranteed !

t&e 0overn2ent s&all e 2ade availale to t&e p,li%"

&epublic 'ct ;=3F

A) ACT AUT.ORIFI)0 T.E PRE*I'E)T O( T.E P.ILIPPI)E* TO O$TAI) *UC.(OREI0) LOA)* A)' CRE'IT*4 OR TO I)CUR *UC. (OREI0) I)'E$TE')E**4 A* MA$E )ECE**AR TO (I)A)CE APPROVE' ECO)OMIC 'EVELOPME)T PURPO*E* OR PROBECT*4 A)' TO 0UARA)TEE4 I) $E.AL( O( T.E REPU$LIC O( T.E P.ILIPPI)E*4(OREI0) LOA)* O$TAI)E' OR $O)'* I**UE' $ CORPORATIO)* OW)E' OR CO)TROLLE' $ T.E 0OVER)ME)T O( T.E P.ILIPPI)E* (OR ECO)OMIC'EVELOPME)T PURPO*E* I)CLU'I)0 T.O*E I)CURRE' (OR PURPO*E* O( RE

LE)'I)0 TO T.E PRIVATE *ECTOR4 APPROPRIATI)0 T.E )ECE**AR (U)'*T.ERE(ORE4 A)' (OR OT.ER PURPO*E*"

0e it enacted b# the Senate and House of -epresentati$es of the Philippines in Congress assembled/

*e%" 1" T&e President o+ t&e P&ilippines is &ere! a,t&ori5ed in e&al+ o+ t&e Rep,li% o+ t&eP&ilippines to %ontra%t s,%& loans4 %redits and indetedness #it& +oreign govern2ents4 agen%ies orinstr,2entalities o+ s,%& +oreign govern2ents4 +oreign +inan%ial instit,tions4 or ot&er internationalorgani5ations4 #it& #&o24 or elonging to %o,ntries #it& #&i%&4 t&e P&ilippines &as diplo2ati%relations4 as 2a! e ne%essar! and ,pon s,%& ter2s and %onditions as 2a! e agreed ,pon4 toenale t&e 0overn2ent o+ t&e Rep,li% o+ t&e P&ilippines to +inan%e4 eit&er dire%tl! or t&ro,g& an!govern2ent o++i%e4 agen%! or instr,2entalit! or an! govern2ento#ned or %ontrolled %orporation4ind,strial4 agri%,lt,ral or ot&er e%ono2i% develop2ent p,rposes or pro<e%ts a,t&ori5ed ! la#-Provided4 T&at at least sevent!+ive per %ent s&all e spent +or p,rposes o+ pro<e%ts #&i%& are

reven,eprod,%ing and sel+li,idating4 s,%& as ele%tri+i%ation4 irrigation4 river %ontrol anddrainage4 tele%o22,ni%ation4 &o,sing4 %onstr,%tion and i2prove2ent o+ &ig&#a!s and ridges4airports4 ports and &arors4 s%&ool ,ildings4 #ater #ors and artesian #ells4 air navigation+a%ilities4 develop2ent o+ +is&ing ind,str!4 and ot&er- Provided4 T&at s,%& +oreign loans s&all e,sed to 2eet t&e +oreign e3%&ange re,ire2ents or liailities in%,rred in %onne%tion #it& saiddevelop2ent pro<e%ts to %over t&e %ost o+ e,ip2ent4 related te%&ni%al servi%es and s,pplies4 #&eret&e sa2e are not otainale #it&in t&e P&ilippines at %o2petitive pri%es as #ell as part o+ t&e peso%osts4 ot&er t&an #oring %apital and operational e3penses not e3%eeding t#ent! per %ent o+ t&e loan-Provided4 +,rt&er4 T&at in t&e %ase o+ roads4 ridges4 irrigation4 port#ors4 river %ontrols4 airportsand po#er4 t&e a2o,nt s&all not e3%eed sevent! per %ent o+ t&e loan"

T&e a,t&orit! o+ t&e President o+ t&e P&ilippines as &erein provided s&all in%l,de t&e po#erto iss,e4 +or t&e p,rposes &ereine+ore stated4 onds +or sale in t&e international 2arets t&e in%o2e+ro2 #&i%& s&all e +,ll! ta3 e3e2pt in t&e P&ilippines"

*e%" 7" T&e total a2o,nt o+ loans4 %redits and indetedness4 e3%l,ding interests4 #&i%& t&ePresident o+ t&e P&ilippines is a,t&ori5ed to in%,r ,nder t&is A%t s&all not e3%eed one illion United*tates dollars or its e,ivalent in ot&er +oreign %,rren%ies at t&e e3%&ange rate prevailing at t&e ti2et&e loans4 %redits and indetedness are in%,rred- Provided4 &o#ever4 T&at t&e total loans4 %reditsand indetedness in%,rred ,nder t&is A%t s&all not e3%eed t#o &,ndred +i+t! 2illion in t&e +is%al !earo+ t&e approval o+ t&is A%t4 and t#o &,ndred +i+t! 2illion ever! +is%al !ear t&erea+ter4 all in United*tates dollars or its e,ivalent in ot&er %,rren%ies"

All loans4 %redits and indetedness ,nder t&e pre%eding se%tion s&all e in%,rred onl! +orparti%,lar pro<e%ts in a%%ordan%e #it& t&e approved e%ono2i% progra2 o+ t&e 0overn2ent and a+tert&e plans +or s,%& pro<e%ts s&all &ave een prepared ! t&e o++i%es or agen%ies %on%erned4

P')* 4=




re%o22ended ! t&e )ational E%ono2i% Co,n%il and t&e Monetar! $oard o+ t&e Central $an o+ t&e P&ilippines4 and approved ! t&e President o+ t&e P&ilippines"

*e%" 8" T&e President o+ t&e P&ilippines is4 lie#ise4 &ere! a,t&ori5ed4 in e&al+ o+ t&eRep,li% o+ t&e P&ilippines4 to g,arantee4 ,pon s,%& ter2s and %onditions as 2a! e agreed ,pon4+oreign loans e3tended dire%tl! to4 or onds +or sale in international 2arets iss,ed !4 %orporationso#ned or %ontrolled ! t&e 0overn2ent o+ t&e P&ilippines +or ind,strial4 agri%,lt,ral or ot&er

e%ono2i% develop2ent p,rposes or pro<e%ts a,t&ori5ed ! la#4 s,%& as t&ose 2entioned in *e%tionone o+ t&is A%t4 in%l,ding t&e re&ailitation and 2oderni5ation o+ t&e P&ilippine )ational Rail#a!s4t&e %as& %apital re,ire2ents o+ t&e Land $an 4 ele%tri+i%ation4 irrigation4 river %ontrol anddrainage4 tele%o22,ni%ation4 &o,sing4 %onstr,%tion andor i2prove2ent o+ &ig&#a!s4 &o,sing4%onstr,%tion and or i2prove2ent o+ &ig&#a!s4 airports4 ports and &arors4 s%&ool ,ildings4#ater#ors and artesian #ells4 air navigation4 develop2ent o+ t&e +is&ing ind,str!4 iron and ni%ele3ploitation and develop2ent4 and ot&ers- Provided4 T&at at least sevent! +ive per %ent s&all espent +or p,rposes or pro<e%ts #&i%& are reven,eprod,%ing and sel+li,idating" T&e loans oronded indetedness o+ govern2ento#ned or %ontrolled %orporations #&i%& 2a! e g,aranteed !t&e President ,nder t&is A%t s&all in%l,de t&ose in%,rred ! govern2ento#ned or %ontrolled+inan%ial instit,tions +or t&e p,rpose o+ relending to t&e private se%tor and t&e total a2o,nt t&ereo+ s&all not e 2ore t&an +ive &,ndred 2illion United *tates dollars or its e,ivalent in ot&er +oreign%,rren%ies at t&e e3%&ange rate prevailing at t&e ti2e t&e g,arantee is 2ade- Provided4 T&at t&egovern2ento#ned or %ontrolled +inan%ial instit,tions s&all relend t&e pro%eeds o+ s,%& loans andor onded indetedness to (ilipinos or to (ilipinoo#ned or %ontrolled %orporations andpartners&ips4 at least si3t!si3 and t#ot&irds per centum o+ t&e o,tstanding and paid,p %apital o+ #&i%& is &eld ! (ilipinos at t&e ti2e t&e loan is in%,rred4 s,%& proportion to e 2aintained ,ntils,%& ti2e as t&e loan is +,ll! paid- Provided4 &o#ever4 T&at d,ring an!ti2e t&at an! a2o,nt o+ t&eloan re2ains o,tstanding4 +ail,re to 2eet #it& t&e %apital o#ners&ip re,ire2ent s&all 2ae t&eentire loan i22ediatel! d,e and de2andale4 toget&er #it& all penalties and interests4 pl,s anadditional spe%ial penalt! o+ t#o per centum on t&e total a2o,nt d,e"

*e%" :" T&e i2ple2entation o+ t&is A%t s&all e s,<e%t to4 and governed !4 t&e provisions o+ E3e%,tive Order 7864 dated (er,ar! 184 19;?4 pres%riing pro%ed,res +or t&e planning o+ develop2ent +inan%es4 t&e iss,an%e o+ govern2ent se%,rities4 and t&e dis,rse2ent o+ pro%eeds and%reating t&e (is%al Poli%! Co,n%il and t&e Te%&ni%al Co22ittee on 'evelop2ent (inan%e4 asa2ended ! E3e%,tive Order )o" 7864 dated Ma! 764 19664 not in%onsistent #it& t&is A%t4 #&i%& are

&ere! adopted ! re+eren%e and 2ade an integral part o+ t&is A%t"

*e%" ;" It s&all e t&e d,t! o+ t&e President4 #it&in t&irt! da!s a+ter t&e opening o+ ever!reg,lar session4 to report to t&e Congress t&e a2o,nt o+ loans4 %redits and indetedness %ontra%ted4as #ell as t&e g,arantees e3tended4 and t&e p,rposes and pro<e%ts +or #&i%& t&e loans4 %redits andindetedness #ere in%,rred4 and t&e g,arantees e3tended4 as #ell as s,%& loans #&i%& 2a! ereloaned to (ilipinoo#ned or %ontrolled %orporations and si2ilar p,rposes"

*e%" 6" T&e Congress s&all appropriate t&e ne%essar! a2o,nt o+ an! +,nds in t&e )ationalTreas,r! not ot&er#ise appropriated4 to %over t&e pa!2ent o+ t&e prin%ipal and interest on s,%&loans4 %redits or indetedness as and #&en t&e! s&all e%o2e d,e"

*e%" ?" T&is A%t s&all tae e++e%t ,pon its approval"

Approved4 *epte2er 4 1966"

/oes Con0ress have to be consulted by the President !hen he contracts or 0uaranteesforei0n loans that increase the forei0n debt of the countryK

-he affirmative vie! cites 'rt. V,2 Sec. 4; !hich holds that all bills authorizin0 increase of the public debt must ori0inate e8clusively from the ouse of &epresentatives2 althou0h the Senatemay propose or concur !ith amendments.

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-he ne0ative2 and stron0er vie!2 is that the President does not need prior approval byCon0ress because the Constitution places the po!er to chec9 the PresidentEs po!er on theMonetary Board and not on Con0ress. Con0ress may2 of course2 provide 0uidelines for contractin0or 0uaranteein0 forei0n loans2 and have these rules enforced throu0h the Monetary Board. But thatCon0ress has prior approval is a totally different issue.

't any rate2 the present po!er2 !hich !as first introduced in the "#< Constitution2 !as based on &' ;=3F or the >orei0n oan 'ct. Ghat used to be a statutory 0rant of po!er is no! aconstitutional 0rant !hich Con0ress cannot ta9e a!ay2 but only re0ulate.

1""5 Po!ers over forei0n affairs

1a5 -reaty%ma9in0 po!er

Art" VII4 *e%" 71" )o treat! or international agree2ent s&all e valid and e++e%tive,nless %on%,rred in ! at least t#ot&irds o+ all t&e 2e2ers o+ t&e *enate"

By reason of the PresidentEs uni:ue position as head of state2 he is the lo0ical choice as thenationEs spo9esman in forei0n relations. -he Senate2 on the other hand2 is 0ranted the ri0ht to sharein the treaty%ma9in0 po!er of the President by concurrin0 !ith him !ith the ri0ht to amend.

-reaty distin0uished from e8ecutive a0reements

*8ecutive a0reements entered into by the President need no concurrence. -he reason isthat althou0h e8ecutive a0reements are a 9ind of international a0reements2 !hen the Constitutionintends to include e8ecutive a0reements2 it says so specifically2 as in 'rt. V,,,2 Sec. $2 par. 42 !henit spea9s of the po!er of the SC to revie! final ?ud0ments of lo!er courts in cases in !hich theconstitutionality or validity of any treaty2 international or e8ecutive a0reement2 is in :uestion.

,n holdin0 that treaties are formal documents !hich re:uire ratification !ith approval of the Senate2 !hile e8ecutive a0reements become bindin0 throu0h e8ecutive action !ithout need of avote by the Senate2 the SC in Commissioner of Customs v *astern Sea -radin02 SC&' $"1"#3"52 said that the difference bet!een a treaty and an e8ecutive a0reement is that a treat" is aninternational a0reement involvin0 political issues or chan0es of national policy and those involvin0international arran0ements of a permanent character2 !hile an e-ecutive agreement is an inter%national a0reement embodyin0 ad?ustments of detail carryin0 out !ell%established national policiesand traditions2 and those involvin0 arran0ements of a more or less temporary nature.

*8amples of treaties are an a0reement on ta82 e8tradition2 alliance. *8amples of e8ecutivea0reements are a0reements relatin0 to postal conventions2 tariff rates2 copyri0ht2 most%favorednation clause.

Commissioner of Customs vs. *astern Sea -radin02 SC&' $"

>6 &esp. *astern !as the consi0nee of several shipment of onion and 0arlic !@c arrived at the port of Mla. from =@$ to #@<@$;. Some shipments came from Japan and others from I. ,nasmuch as none of theshipments had the certificate re:uired by CB Circulars +os. ;; and ;$ for the release thereof2 the 0oodsthus imported !ere seized and sub?ected to forfeiture proceedin0s for alle0ed violations of Sec. "3 1f5 of the &ev. 'dm. Code2 in relation to the said circulars. Said 0oods !ere then declared forfeited in favor of

P')* 4;F




the 0ovt by the Commissioner of Customs%% the 0oods havin0 been2 in the meantime2 released to theconsi0nees on surety bonds. n revie!2 the Court of -a8 'ppeals reversed the Commissioner of Customsand ordered the aforementioned bonds to be cancelled and !ithdra!n. 'ccordin0 to the C-'2 the seizureand forfeiture of the 0oods imported from Japan cannot be ?ustified under * 4=2 not only bec. the samesee9s to implement an *8ecutive '0reement%% e8tendin0 the effectivity of our -rade and >inancial'0reements !@ Japan%% !@c a0reement2 is of dubious validity 888 o!in0 to the fact that our Senate hadnot concurred in the ma9in0 of said *8ecutive '0reement.

*/6 -he concurrence of said ouse of Con0ress is re:uired by the Consti. in the ma9in0 of DtreatiesD2 !@c are2 ho!ever2 distinct and different from De8ecutive a0reements2D !hich may bevalidly entered into !@o such concurrence.

L-he court !ent on to distin0uish a treaty from an e8ecutive a0reement.-he a0reement in :uestion2 bein0 merely an e8ecutive a0reement2 there is no re:uirement

of concurrence. RAM"

US'>>* Veterans 'ssn. vs -reasurer "F$ Phil "FF

>6 -he central issue in this case concerns the validity of the &omulo%Snyder '0reement 1"#$F5

!hereby the Phil. )ovt. undertoo9 to return to the US )ovt. in ten annual installments2 a total of $ Mdollars advanced by the US to2 but une8pended by2 the +ational /efense >orces of the Philippines. -heUS'>>* Veterans contended that the money delivered by the US !ere strai0ht payments for militaryservices and that therefore there !as nothin0 to return to the US and nothin0 to consider as a loan. -heyalso contended that the &omulo%Synder '0reement !as void for lac9 of authority of the officers !hoconcluded the same.

*/6 -he funds involved have been consistently re0arded as funds advanced and to besubse:uently accounted for. Such arran0ement therefore includes the obli0ation to return theune8pended amounts.

,n this case2 Pres. uirino approved the ne0otiations. e had po!er to contract loansunder &' 4" amendin0 &' "3. 's to the contention that the a0reement lac9s ratification by theSenate2 it !as held that the yearly appropriations by Con0ress of funds as compliance !ith thea0reement constituted ratification. But even if there !as no ratification2 the a0reement !ould still be valid. -he a0reement is not a DtreatyD as the term is used in the Constitution. -he a0reement!as never submitted to the Senate for concurrence. ,t must be noted that a treaty is not the onlyform that an international a0reement may assume. >or the 0rant of treaty ma9in0 po!er to the*8ecutive and the Senate does not e8haust the po!er of the 0ovt. over international relations.Conse:uently2 e8ecutive a0reements may be entered into !ith other states and are effective even!ithout the concurrence of the Senate. >rom the point of vie! of international la!2 there is nodifference bet!een treaties and e8ecutive a0reements in their bindin0 effect upon states concernedas lon0 as the ne0otiatin0 functionaries have remained !ithin their po!ers. -he distinction bet!een an e8ecutive a0reement and a treaty is purely a constitutional one and has no internationalle0al si0nificance.

,n the case of 'ltman vs US2 it !as held that an international compact ne0otiated bet!eenthe representatives of t!o soverei0n nations and made in the name and or behalf of the contractin0 parties and dealin0 !ith important commercial relations bet!een the t!o countries2 is a treatyinternationally althou0h as an e8ecutive a0reement2 it is not technically a treaty re:uirin0 theadvice and consent of the Senate.

+ature of *8ecutive '0reements 6 -here are 4 classes 6 1"5 a0reements made purely ase8ecutive acts affectin0 e8ternal relations and independent of or !ithout le0islative authorization2!hich may be termed as presidential a0reements2 and 145 a0reements entered into in pursuance of

P')* 4;"




acts of Con0ress2 or Con0ressional%*8ecutive '0reements. -he &omulo%Snyder '0reement mayfall under any of these t!o classes2 for precisely on Sept. "=2 "#;32 Con0ress specificallyauthorized the President to obtain such indebtedness !@ the )ovt of the US2 its a0encies or instrumentalities. *ven assumin02 arguendo2 that there !as no le0islative authorization2 it ishereby maintained that the &omulo%Snyder '0reement !as le0ally and validly entered into toconform to the second cate0ory. -his 4nd cate0ory usually includes money a0reements relatin0 to

the settlement of pecuniary claims of citizens. Adapted"

C,& vs )otamco ";= SC&' 3

>6 -he Gorld ealth r0anization 1G5 is an international or0anization !hich has a re0ionaloffice in Manila. ,t en?oys privile0es and immunities !hich are defined in the ost '0reement enteredinto bet!een the Philippines and the said or0anization. ne of the provisions is that G shall bee8empt from all direct and indirect ta8es. Ghen it decided to construct a buildin0 to house its o!n offices2it entered into a further a0reement !ith the 0ovt. e8emptin0 it from payin0 duties on any importation of materials and fi8tures re:uired for the construction. G informed the bidders that it !as e8empt fromthe payment of all fees2 licenses and ta8es and that their bids should not include such items. o!ever2 theC,& demanded from its contractor2 )otamco2 the payment of Q contractorEs ta8. -he C,& :uestions the

entitlement of the G to ta8 e8emption2 contendin0 that the ost '0reement is null and void2 nothavin0 been ratified by the Philippine Senate.

*/ 6 Ghile treaties are re:uired to be ratified by the Senate2 less formal types of internationala0reements may be entered into by the Chief *8ecutive and become bindin0 !ithout theconcurrence of the le0islative body. -he ost '0reement comes !ithin the latter cate0ory. ,t is avalid and bindin0 international a0reement even !ithout the concurrence of the Philippine Senate.Adapted"

1b5 /eportation of undesirable aliens

,n ua Chee )an v /eportation Board2 # SC&' 4< 1"#$#52 the SC declared that !hile

the /eportation Board has no po!er to issue a !arrant of arrest issued upon the filin0 of formalchar0es a0ainst certain alien for the purpose of ta9in0 him in custody to ans!er those char0es2 ithas the po!er dele0ated by the President2 to issue a !arrant to carry out a final order based on afindin0 of 0uilt.

,n )o -e9 v /eportation Board2 <# SC&' "< 1"#<352 the SC upheld the PresidentEs po!er to order the deportation of an alien under Sec. 3# of the &evised 'dministrative Code. e need not!ait for the pendin0 case to end in conviction. e may2 even durin0 the pendency of the case2 order the deportation if he thin9s he is undesirable to national interest. -his decision to deport2 said theCourt2 is an act of State.

ua Chee )an vs. /eportation Board2 # SC&' 4< 1"#35

>6 n $@"4@$42 Sp Pros. )alan0 char0ed petitioners bef. the /eportation Board !@ havin0 purchaseddollars in the total sum of "F2FFF2 !@o havin0 the necessary license from the CB2 and of havin0clandestinely remitted the same to I7 and petitioners !@ havin0 attempted to bribe officers of the Phil.and US )overnments in order to evade prosecution for said unauthorized purchase of US dollars.>ollo!in0 the filin0 of said deportation char0es2 a !arrant for the arrest of said aliens !as issued by the presidin0 officers of the /eportation Bd. 888

Petitioners contest the po!er of the Pres. to deport aliens and2 conse:uently2 the dele0ation to the/eportation Bd. of the ancillary po!er to investi0ate2 on the 0round that such po!er is vested in the

P')* 4;4




e0islature. ,t is claimed that for the po!er to deport aliens be e8ercised2 there must be a le0islationauthorizin0 the same.

*/6 Under C' 3"2 the Commissioner of ,mmi0ration !as empo!ered to effect the arrest ande8pulsion of an alien2 after previous determination by the Bd. of the e8istence of 0round or 0roundstherefor. G@ the enactment of this la!2 ho!ever2 the le0islature did not intend to delimit or

concentrate the e8ercise of the po!er to deport on the ,mmi0ration Commissioner alone. Ghile itmay really be contended that Sec. $4 of C' 3" did not e8pressly confer on the Pres. the authorityto deport undesirable aliens2 888 but merely lays do!n the procedure to be observed should there be deportation proceedin0s2 the fact that such a procedure !as provided for bef. the Pres. candeport an alien%% !@c provision !as e8pressly declared e8empted from the repealin0 effect of ,mmi0ration 'ct of "#;F%% is a clear indication of the reco0nition2 and inferentially a ratification2 by the le0islature of the e8istence of such po!er in the *8ecutive.

Under the present and e8istin0 la!s2 therefore2 deportation of an undesirable alien may beeffected in 4 !ays6 1"5 by order of the Pres.2 after due investi0ation2 pursuant to Sec. 3# of &'C2and 145 by the Commissioner of ,mmi0ration2 upon recommendation of the Bd. of Commissioners2under Sec. < of C' 3".

President's power of investigation ma" be delegated to the 0eportation $oard.@@ -he

PresidentEs po!er of investi0ation may be dele0ated. -his is clear from a readin0 of Sec. 3# of the&'C !@c provides for Da prior investi0ation2 conducted by said *8ecutive or his authorized agent 888 the /eportation Board has been conductin0 the investi0ation as the authorized a0ent of thePres. 888

Power to arrest aliens.@@ Sec. 3# of the &'C does not provide for the e8ercise of the po!er to arrest. -he contention 888 that the arrest of a forei0ner is necessary to carry into effectthe po!er of deportation is valid only !hen there is already an order of deportation. -o carry outthe order of deportation2 the Pres. obviously has the po!er to order the arrest of the deportee. But2certainly2 durin0 the investi0ation2 it is not indispensable that the alien be arrested.

Power to order arrest of alien ma" not be delegated to 0eportation $oard b" President.@@

Concedin0 !@o decidin0 that the Pres. can personally order the arrest of alien2 yet such po!er cannot be dele0ated by him to the /eportation Board. -he e8ercise of the po!er to order the arrestof an individual demands the e8ercise of discretion by the one issuin0 the same2 to determine!hether under specific circumstances2 the curtailment of the liberty of such person is !arranted.888 'nd authorities are to the effect that !hile ministerial duties may be dele0ated2 officialfunctions re:uirin0 the e8ercised of discretion and ?ud0ement may not be so dele0ated. RAM"

)o -e9 vs. /eportation Board2 <# SC&' "< 1"#<<5

>6 Petitioner !as arrested for possession of fa9e dollars and prosecuted under 'rt. "3= &PC. 't thesame time2 deportation proceedin0s !ere brou0ht a0ainst him. e filed a petition for prohibition a0ainstthe /eportation Board2 contendin0 that he could only be deported on 0rounds enumerated in Sec. < 15 of

the ,mmi0ration a! 1of !@c possession of fa9e dollars is not5 and only after conviction. -he C>,%Mlasustained his contention.

*/6 -he PresidentEs po!er to deport aliens derives from Sec. 3# of the &ev. 'dm. Code !@cdoes not specify the 0rounds for deportation of aliens but only provides that it be ordered after dueinvesti0ation. -he intention is to 0ive the Chief *8ecutive full discretion to determine !hether analienEs residence in the country is so undesirable as to affect or inure the security2 !elfare2 or interest of the State. -he Chief *8ecutive is the sole and e8clusive ?ud0e of the e8istence of facts!@c !arrant the deportation of aliens as disclosed in an investi0ation. VV"

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1"45 Po!er over le0islation

1a5 Messa0e to Con0ress

Art" VII4 *e%" 78" T&e President s&all address t&e Congress at t&e opening o+ itsreg,lar session" .e 2a! also appear e+ore it at an! ot&er ti2e"

*very ;th Monday of July2 the President delivers the State of the +ation 'ddress2 !hichcontains his proposals for le0islation. -hrou0h this speech2 he can influence the course of le0is%lation that Con0ress can ta9e durin0 the re0ular session.

1b5 Prepare and submit the bud0et

Art" VII4 *e%" 77" T&e President s&all s,2it to Congress #it&in t&irt! da!s +ro2 t&eopening o+ ever! reg,lar session4 as t&e asis o+ t&e general appropriations ill4 a ,dget o+ e3pendit,res and so,r%es o+ +inan%ing4 in%l,ding re%eipts +ro2 e3isting and proposed reven,e2eas,res"

-he bud0et is the plan indicatin0 the 1a5 e8penditures of the 0overnment2 1b5 sources of financin02 and 1c5 receipts from revenue%raisin0 measures. -his bud0et is the upper limit of theappropriations bill to be passed by Con0ress. -hrou0h the bud0et2 therefore2 the President revealsthe priorities of the 0overnment.

1c5 Veto po!er

Art" VI4 *e%" 7? 1D Ever! ill passed ! t&e Congress s&all4 e+ore it e%o2es a la#4e presented to t&e President" I+ &e approves t&e sa2e4 &e s&all sign itH ot&er#ise4 &e s&allveto it and ret,rn t&e sa2e #it& &is o<e%tion to t&e .o,se #&ere it originated4 #&i%& s&allenter t&e o<e%tions at large in its Bo,rnal and pro%eed to re%onsider it" I+4 a+ter s,%&re%onsideration4 t#ot&irds o+ all t&e Me2ers o+ s,%& .o,se s&all agree to pass t&e ill4 its&all e sent4 toget&er #it& t&e o<e%tions4 to t&e ot&er .o,se ! #&i%& it s&all lie#ise ere%onsidered4 and i+ approved ! t#ot&irds o+ all t&e Me2ers o+ t&at .o,se4 it s&all e%o2ea la#" In s,%& %ases4 t&e votes o+ ea%& .o,se s&all e deter2ined ! #eas or na#s4 and t&ena2es o+ t&e Me2ers voting +or or against s&all e entered in its Bo,rnal" T&e Presidents&all %o22,ni%ate &is veto o+ an! ill to t&e .o,se #&ere it originated #it&in t&irt! da!s a+tert&e date o+ re%eipt t&ereo+4 ot&er#ise4 it s&all e%o2e a la# as i+ &e &ad signed it"


's a 0eneral rule2 all bills must be approved by the President before they become la!2e8cept !hen 1i5 the veto of the President is overridden by 4@ vote2 and 1ii5 the bill passed is thespecial la! to elect the President and Vice%President. -his 0ives the President an actual hand inle0islation. o!ever2 his course of action is only to approve it or veto it as a !hole. 1Seee0islative Po!er of Con0ress5

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1d5 *mer0ency Po!er

Art" VI4 *e%" 78" 3337D In ti2es o+ #ar or ot&er national e2ergen%!4 t&e Congress4 2a!4 ! la#4 a,t&ori5e

t&e President4 +or a li2ited period4 and s,<e%t to s,%& restri%tions as it 2a! pres%rie4 to

e3er%ise po#ers ne%essar! and proper to %arr! o,t a de%lared national poli%!" Unless sooner#it&dra#n ! resol,tion o+ t&e Congress4 s,%& po#ers s&all %ease ,pon t&e ne3t ad<o,rn2entt&ereo+"

1See Previous +otes5

1e5 >i8in0 of tariff rates

Art" VI4 *e%" 7" 333T&e Congress 2a!4 ! la#4 a,t&ori5e t&e President to +i3 #it&in spe%i+ied li2its4 and

s,<e%t to s,%& li2itations and restri%tions as it 2a! i2pose4 tari++ rates4 i2port and e3port,otas4 tonnage and #&ar+age d,es4 and ot&er d,ties or i2posts #it&in t&e +ra2e#or o+ t&enational develop2ent progra2 o+ t&e 0overn2ent"

-he reason for the dele0ation is the hi0hly technical nature of international commerce2 andthe need to constantly and !ith relative ease adapt the rates to prevailin0 commercial standards.

1"5 ,mmunity from suit

-he SC has affirmed time and a0ain the doctrine of the PresidentEs immunity from suit. ,na resolution in Carillo v Marcos2 1'pril "#="5 and in the latest case of ,n re Bermudez 1ctober

"#=352 the Court said that it is Delementary that incumbent Presidents are immune from suit or from bein0 brou0ht to court durin0 the period of their incumbency and tenure.D

' related doctrine is the PresidentEs Dimmunity from liabilityD. ,n the US case of +i8on v>itz0erald2 an employee of the 'ir >orce !as laid off due to an adverse decision of a SenateCommittee made upon the insistence of Pres. +i8on2 but !hich decision !as later found to be baseless2 the SC ruled that the President2 !hether in office or not2 is absolutely immune fromliability for his official acts. -he Court 0ave three reasons for such immunity6

". -he sin0ular importance of the Presidency and his hi0h visibility.

4. -he distraction that suits !ould brin0 to such an important official laden !ith enormousresponsibility.

. -he conse:uence that the President mi0ht hesitate at the moment of 0reatest peril to thenation if he 9no!s that he !ould be held liable later on.

,n arlo! v >itz0erald2 ho!ever2 the SC ruled that Cabinet members and senior aides suedfor the same act as in +i8on v >itz0erald only en?oy D:ualified immunity.D -his immunity is less

P')* 4;$




than absolute2 and yet it !ould enable them to defeat unsubstantiated claims !ithout resortin0 totrial. -hey are allo!ed to sho! in a preliminary manner that the claim is unsubstantial.

Barlon0ay6

6 /oes the PresidentEs immunity from suit e8tend to his alter egosK'6 +o.

Carillo vs. Marcos2 &es. of 'pril ;2 "#="

-he President as such cannot be sued2 en?oyin0 as he does immunity from suit2 but thevalidity of his acts can be tested by an action a0ainst the other e8ecutive officials or suchindependent constitutional a0encies as the Commission on *lections and the Commission on 'udit.VV"

,n re6 Saturnino V. Bermudez2 ";$ SC&' "3F

>6 ,n a petition for declaratory relief impleadin0 no respondents2 petitioner2 as a la!yer2 :uotes thefirst par. of Sec. $ of 'rt. V,,, of the proposed "#=3 Consti.2 !@c provides6

DSec. $. -he si8%year term of the incumbent President and Vice%President elected in the >ebruary<2 "#=3 election2 is for purposes of synchronization of elections2 hereby e8tended to noon of June F2"##4.

888D

Claimin0 that the said provision is not clear as to !hom it refers2 he then as9s the Court Dtodeclare and ans!er the :uestion of the construction and definiteness as to !ho2 amon0 the presentincumbent Pres. ':uino and Vice%Pres. aurel and elected Pres. Marcos and Vice%Pres. -olentino bein0referred to under the said provision.

*/6 -his petition is dismissed outri0ht for lac9 of ?urisdiction and lac9 of cause of action.Prescindin0 from the petitionerEs lac9 of capacity to sue2 it is elementary that this Court

assumes no ?urisdiction over petitions for declaratory relief. More importantly2 the petitionamounts in effect to a suit a0ainst the incumbent Pres. ':uino and it is e:ually elementary thatincumbent Presidents are immune from suit or from bein0 brou0ht to court durin0 the period of their incumbency and tenure. RAM"

Soliven vs Ma9asiar7 Beltran vs Ma9asiar "3< SC&' #

>6 -his is the libel case involvin0 BeltranEs alle0ations that President ':uino !as hidin0 under her bed. ne of the issues !as !hether the President may initiate criminal proceedin0s a0ainst the petitionersthrou0h the filin0 of a complaint%affidavit. 'ccordin0 to Beltran2 the reasons !hich necessitate presidential immunity from suit impose a correlative disability to file suit. e contended that if criminal proceedin0s ensue by virtue of the PresidentEs filin0 of her complaint%affidavit2 she may subse:uently haveto be a !itness for the prosecution2 brin0in0 her under the -CEs ?urisdiction. -his !ould be an indirect!ay of defeatin0 her privile0e of immunity from suit2 since by testifyin0 on the !itness stand2 she !ould be e8posin0 herself to possible contempt of court or per?ury.

*/6 -he rationale for the 0rant to the President of the privile0e of immunity from suit is toassure the e8ercise of Presidential duties and functions free from any hindrance or distraction2

P')* 4;3




considerin0 that bein0 the Chief *8ecutive is a ?ob that2 aside from re:uirin0 all of the office%holderEs time2 also demands undivided attention.

But this privile0e of immunity from suit2 pertains to the President by virtue of the officeand may be invo9ed only by the holder of the office7 not by any other person in the PresidentEs behalf. -hus2 an accused in a criminal case !here the President is a complainant cannot raise the presidential privile0e as a defense to prevent the case from proceedin0 a0ainst the accused.

Moreover2 there is nothin0 in our la!s that !ould prevent the President from !aivin0 the privile0e. -he President may shed the protection afforded by the privile0e and submit to the courtEs ?urisdiction. -he choice of !hether to e8ercise the privile0e or to !aive it is solely the PresidentEs prero0ative. ,t is a decision that cannot be assumed and imposed by another person. RAM"

Barlon0ay6

6 /oes the PresidentEs immunity from suit e8tend even beyond his termK'6 Yes. So lon0 as the act !as done durin0 his term.

1";5 *8ecutive Privile0e

,n the case of US vs +i8on2 President +i8on refused to release information concernin0 theGater0ate scandal2 claimin0 !hat he called De8ecutive privile0e.D -he US SC held his refusalinvalid2 declarin0 that neither the doctrine of separation of po!ers2 nor the need for confidentialityof hi0h%level communications2 !ithout more2 can sustain an absolute2 un:ualified Presidential privile0e of immunity from ?udicial process under all circumstances. -he PresidentEs need for complete candor and ob?ectivity from advisers calls for 0reat deference from the courts. o!ever2!hen the privile0e depends solely on the broad2 undifferentiated claim of public interest in theconfidentiality of such conversations2 a confrontation !ith other values arise. 'bsent a claim of need to protect military2 diplomatic or sensitive national security secrets2 it is difficult to accept thear0ument that even the very important interest in confidentiality of Presidential communications issi0nificantly diminished by production of such material for inspection !ith all the protection that

the court !ill be obli0ed to provide.

4. Vice President

a. ualifications2 election2 term and oath

Art" VII4 *e%" 8" T&ere s&all e a Vi%ePresident #&o s&all &ave t&e sa2e,ali+i%ations and ter2 o+ o++i%e and e ele%ted #it& and in t&e sa2e 2anner as t&e President".e 2a! e re2oved +ro2 o++i%e in t&e sa2e 2anner as t&e President"

T&e Vi%ePresident 2a! e appointed as a Me2er o+ t&e Cainet" *,%& appoint2entre,ires no %on+ir2ation"

!d "4 *e%" :" T&e President and t&e Vi%ePresident s&all e ele%ted ! dire%t vote o+ t&epeople +or a ter2 o+ si3 !ears #&i%& s&all egin at noon on t&e t&irtiet& da! o+ B,ne ne3t+ollo#ing t&e da! o+ t&e ele%tion and s&all end at noon o+ t&e sa2e date si3 !ears t&erea+ter"T&e President s&all not e eligile +or an! reele%tion" )o person #&o &as s,%%eeded asPresident and &as served as s,%& +or 2ore t&an +o,r !ears s&all e ,ali+ied +or ele%tion to t&esa2e o++i%e at an! ti2e"

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)o Vi%ePresident s&all serve +or 2ore t&an t#o s,%%essive ter2s" Vol,ntar!ren,n%iation o+ t&e o++i%e +or an! lengt& o+ ti2e s&all not e %onsidered as an interr,ption int&e %ontin,it! o+ t&e servi%e +or t&e +,ll ter2 +or #&i%& &e #as ele%ted"

Unless ot&er#ise provided ! la#4 t&e reg,lar ele%tion +or President and Vi%ePresident s&all e &eld on t&e se%ond Monda! o+ Ma!"

T&e ret,rns o+ ever! ele%tion +or President and Vi%e President4 d,l! %erti+ied ! t&e

oard o+ %anvassers o+ ea%& provin%es or %it!4 s&all e trans2itted to t&e Congress4 dire%ted tot&e President o+ t&e *enate" Upon re%eipt o+ t&e %erti+i%ates o+ %anvass4 t&e President o+ t&e*enate s&all4 not later t&an t&irt! da!s a+ter t&e da! o+ ele%tion #% is t&e 7nd T,esda! o+ B,neD4 open all t&e %erti+i%ates in t&e presen%e o+ t&e *enate and .o,se o+ Representatives in <oint p,li% session4 and t&e Congress4 ,pon deter2ination o+ t&e a,t&enti%it! and d,ee3e%,tion t&ereo+ in t&e 2anner provided ! la#4 %anvass i"e"4 tall! t&e %erti+i%ates o+ %anvassDt&e votes"

T&e persons &aving t&e &ig&est n,2er o+ votes s&all e pro%lai2ed ele%ted4 ,t in%ase t#o or 2ore s&all &ave an e,al and &ig&est n,2er o+ votes tieD4 one o+ t&e2 s&all+ort& #it& e %&osen ! t&e vote o+ a 2a<orit! o+ all t&e 2e2ers o+ Congress4 votingseparatel!"

T&e Congress s&all pro2,lgate its r,les +or t&e %anvassing o+ t&e %erti+i%ates"T&e *,pre2e Co,rt4 sitting en banc4 s&all e t&e sole <,dge o+ all %ontests relating to

t&e ele%tion4 ret,rns4 and ,ali+i%ations o+ t&e President4 or Vi%ePresident4 and 2a!pro2,lgate its r,les +or t&e p,rpose"

!d&4 *e%" ;" $e+ore t&e! enter on t&e e3e%,tion o+ t&eir o++i%e4 t&e President4 t&e Vi%ePresident or t&e A%ting President s&all tae t&e +ollo#ing oat& or a++ir2ation-

GI do sole2nl! s#ear or a++ir2D t&at I #ill +ait&+,ll! and%ons%ientio,sl! +,l+ill 2! d,ties as President or Vi%ePresident or A%tingPresidentD o+ t&e P&ilippines4 preserve and de+end its Constit,tion4 e3e%,te itsla#s4 do <,sti%e to ever! 2an4 and %onse%rate to 2!sel+ to t&e servi%e o+ t&e)ation" *o &elp 2e 0od"G In %ase o+ a++ir2ation4 last senten%e #ill e

o2itted"D

b. Privile0e and salary

Art" VII4 *e%" 6" T&e President s&all &ave an o++i%ial residen%e" T&e salaries o+ t&ePresident and Vi%ePresident s&all e deter2ined ! la# and s&all not e de%reased d,ringt&eir ten,re" )o in%rease in said %o2pensation s&all tae e++e%t ,ntil a+ter t&e e3piration o+ t&eter2 o+ t&e in%,2ent d,ring #&i%& s,%& in%reased #as approved" T&e! s&all not re%eivedd,ring t&eir ten,re an! ot&er e2ol,2ent +ro2 t&e 0overn2ent or an! ot&er so,r%e"

c. Prohibitions

Art" VII4 *e%" 18" T&e President4 Vi%ePresident4 t&e Me2ers o+ t&e Cainet4 andt&eir dep,ties or assistants s&all not4 ,nless ot&er#ise provided in t&is Constit,tion4 &old an!ot&er o++i%e or e2plo!2ent d,ring t&eir ten,re" T&e! s&all not4 d,ring said ten,re4 dire%tl! orindire%tl! pra%ti%e an! ot&er pro+ession4 parti%ipate in an! ,siness4 or e +inan%iall!interested in an! %ontra%t #it&4 or in an! +ran%&ise4 or spe%ial privilege granted ! t&e0overn2ent or an! s,division4 agen%! or instr,2entalit! t&ereo+4 in%l,ding govern2ent

P')* 4;=




o#ned or %ontrolled %orporations or t&eir s,sidiaries" T&e! s&all stri%tl! avoid %on+li%t o+ interest in t&e %ond,%t o+ t&eir o++i%e"

T&e spo,se and relatives ! %onsang,init! or a++init! #it&in t&e +o,rt& %ivil degree o+ t&e President s&all not d,ring &is ten,re e appointed as Me2ers o+ t&e Constit,tionalCo22issions4 or t&e O++i%e o+ t&e O2,ds2an4 or as *e%retaries4 Underse%retaries4 %&air2enor &eads o+ ,rea,s or o++i%es4 in%l,ding govern2ento#ned or %ontrolled %orporations and

t&eir s,sidiaries"



d. Succession

Art" VI4 *e%" 9" W&enever t&ere is a va%an%! in t&e O++i%e o+ t&e Vi%e Presidentd,ring t&e ter2 +or #&i%& &e #as ele%ted4 t&e President s&all no2inate a Vi%ePresident +ro2a2ong t&e 2e2ers o+ t&e *enate and t&e .o,se o+ Representatives4 #&o s&all ass,2e o++i%e,pon %on+ir2ation ! a 2a<orit! vote o+ all t&e 2e2ers o+ ot& &o,ses4 voting separatel!"

+ote that in case the vacancy occurs in both the offices of President and Vice%President2there is no 'ctin0 Vice%President spo9en of. -he reason is that the Vice%President does not havereal functions !hen the President is around.

Ghen a vacancy occurs in both offices2 the Vice%President is elected in a special election.,f the vacancy occurs only in the Vice%Presidency2 the successor is not elected anymore2 but merelychosen from the Con0ress.

e. &emoval

'rt. H,2 Secs. 4%



7D A veri+ied %o2plaint +or i2pea%&2ent 2a! e +iled ! an! Me2er o+ t&e .o,seo+ Representatives or ! an! %iti5en ,pon resol,tion o+ endorse2ent ! an! Me2er t&ereo+4#&i%& s&all e in%l,ded in t&e Order o+ $,siness #it&in ten session da!s4 and re+erred to t&eproper Co22ittee #it&in t&ree session da!s t&erea+ter" T&e Co22ittee4 a+ter &earing4 and !a 2a<orit! vote o+ all its Me2ers4 s&all s,2it its report to t&e .o,se #it&in si3t! session

P')* 4;#




da!s +ro2 s,%& re+erral4 toget&er #it& t&e %orresponding resol,tion" T&e resol,tion s&all e%alendared +or %onsideration ! t&e .o,se #it&in ten session da!s +ro2 re%eipt t&ereo+"


:D In %ase t&e veri+ied %o2plaint or resol,tion o+ i2pea%&2ent is +iled ! at least one

t&ird o+ all t&e Me2ers o+ t&e .o,se4 t&e sa2e s&all %onstit,te t&e Arti%les o+ I2pea%&2ent4and trial ! t&e *enate s&all +ort&#it& pro%eed"



?D B,dg2ent in %ases o+ i2pea%&2ent s&all not e3tend +,rt&er t&an re2oval +ro2o++i%e and dis,ali+i%ation to &old an! o++i%e ,nder t&e Rep,li% o+ t&e P&ilippines4 ,t t&epart! %onvi%ted s&all nevert&eless e liale and s,<e%t to prose%,tion4 trial4 and p,nis&2enta%%ording to la#"

f. >unctions

1"5 &i0ht of succession

'rt. V,,2 Secs. = and ""

Art" VII4 *e%" " In %ase o+ deat&4 per2anent disailit!4 re2oval +ro2 o++i%e4 orresignation o+ t&e President4 t&e Vi%ePresident s&all e%o2e t&e President to serve t&e,ne3pired ter2" In %ase o+ deat&4 per2anent disailit!4 re2oval +ro2 o++i%e4 or resignation o+

ot& t&e President and Vi%ePresident4 t&e President o+ t&e *enate or4 in %ase o+ &is inailit!4t&e *peaer o+ t&e .o,se o+ Representatives4 s&all t&en a%t as President ,ntil t&e President orVi%ePresident s&all &ave een ele%ted and ,ali+ied"

T&e Congress s&all4 ! la#4 provide #&o s&all serve as President in %ase o+ deat&4per2anent disailit!4 or resignation o+ t&e A%ting President" .e s&all serve ,ntil t&e Presidentor t&e Vi%ePresident s&all &ave een ele%ted and ,ali+ied4 and e s,<e%t to t&e sa2erestri%tions o+ po#ers and dis,ali+i%ations as t&e A%ting President"

Art" VII4 *e%" 11" W&enever t&e President trans2its to t&e President o+ t&e *enateand t&e *peaer o+ t&e .o,se o+ Representatives &is #ritten de%laration t&at &e is ,nale todis%&arge t&e po#ers and d,ties o+ &is o++i%e4 and ,ntil &e trans2its to t&e2 a #rittende%laration to t&e %ontrar!4 s,%& po#ers and d,ties s&all e dis%&arged ! t&e Vi%ePresidentas A%ting President"

W&enever a 2a<orit! o+ all t&e Me2ers o+ t&e Cainet trans2it to t&e President o+ t&e *enate and to t&e *peaer o+ t&e .o,se o+ Representatives t&eir #ritten de%laration t&att&e President is ,nale to dis%&arge t&e po#ers and d,ties o+ &is o++i%e4 t&e Vi%ePresidents&all i22ediatel! ass,2e t&e po#ers and d,ties o+ t&e o++i%e as A%ting President"

T&erea+ter4 #&en t&e President trans2its to t&e President o+ t&e *enate and to t&e*peaer o+ t&e .o,se o+ Representatives &is #ritten de%laration t&at no inailit! e3ists4 &es&all reass,2e t&e po#ers and d,ties o+ &is o++i%e" Mean#&ile4 s&o,ld a 2a<orit! o+ all t&e

P')* 4$F




Me2ers o+ t&e Cainet trans2it #it&in +ive da!s to t&e President o+ t&e *enate and to t&e*peaer o+ t&e .o,se o+ Representatives t&eir #ritten de%laration t&at t&e President is ,naleto dis%&arge t&e po#ers and d,ties o+ &is o++i%e4 t&e Congress s&all de%ide t&e iss,e" (or t&atp,rpose4 t&e Congress s&all %onvene4 i+ it is not in session4 #it&in +ort!eig&t &o,rs4 ina%%ordan%e #it& its r,les and #it&o,t need o+ %all"

I+ t&e Congress4 #it&in ten da!s a+ter re%eipt o+ t&e last #ritten de%laration4 or i+ not

in session4 #it&in t#elve da!s a+ter it is re,ired to asse2le4 deter2ines ! a t#ot&irds voteo+ ot& .o,ses4 voting separatel!4 t&at t&e President is ,nale to dis%&arge t&e po#ers andd,ties o+ &is o++i%e4 t&e Vi%ePresident s&all a%t as PresidentH ot&er#ise4 t&e President s&all%ontin,e e3er%ising t&e po#ers and d,ties o+ &is o++i%e"

145 Membership in Cabinet



UP/'-*/ "@4;@#3&'M

C. -he Judicial /epartment

Barlon0ay6 f the three departments of 0overnment2 t!o departments 1*8ecutive and e0islative5are considered as active. n the other hand2 the Judiciary is considered as passive. ,t is passive inthe sense that it has to !ait for a case to be filed before it can act.

Cruz6 -o maintain the independence of the Judiciary2 the follo!in0 safe0uards have been embodiedin the Consti6

1"5 -he SC is a constitutional body. ,t cannot be abolished nor may its membership or themanner of its meetin0s be chan0ed by mere le0islation. L'rt. V,,,2 Sec. ; 1"5

145 -he members of the ?udiciary are not sub?ect to confirmation by the C'.

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15 -he members of the SC may not be removed e8cept by impeachment. 1'rt. ,H2 Sec.4.5

1;5 -he SC may not be deprived of its minimum ori0inal and appellate ?urisdiction as prescribed in 'rt. H2 Sec. $ of the Consti. 1'rt. V,,,2 Sec. 4.5

1$5 -he appellate ?urisdiction of the SC may not be increased by la! !@o its advice andconcurrence. 1'rt. V,2 Sec. F.5

135 -he SC no! has administrative supervision over all lo!er courts and their personnel.1'rt. V,,,2 Sec. 3.5

1<5 -he SC has e8clusive po!er to discipline ?ud0es of lo!er courts. 1'rt. V,,,2 Sec. "".51=5 -he members of the SC and all lo!er courts have security of tenure2 !@c cannot be

undermined by a la! reor0anizin0 the ?udiciary. 1 Id .51#5 -hey shall not be desi0nated to any a0ency performin0 :uasi%?udicial or administrative

functions. 1'rt. V,,,2 Sec. "4.51"F5 -he salaries of ?ud0es may not be reduced durin0 their continuance in office. 1'rt.

V,,,2 Sec. "F.51""5 -he ?udiciary shall en?oy fiscal autonomy. 1'rt. V,,,2 Sec. .51"45 -he SC alone may initiate rules of court. L'rt. V,,,2 Sec. $ 1$5.1"5 nly the SC may order the temporary detail of ?ud0es. L'rt. V,,,2 Sec. $ 151";5 -he SC can appoint all officials and employees of the ?udiciary. L'rt. V,,,2 Sec. $

135

". -he Supreme Court

a. Composition

Art" VIII4 *e%" :" 1D T&e *,pre2e Co,rt s&all e %o2posed o+ a C&ie+ B,sti%e and+o,rteen Asso%iate B,sti%es" It 2a! sit en banc or its dis%retion4 in divisions o+ t&ree4 +ive4 orseven Me2ers" An! va%an%! s&all e +illed #it&in ninet! da!s +ro2 t&e o%%,rren%e t&ereo+"

7D All %ases involving t&e %onstit,tionalit! o+ a treat!4 international or e3e%,tiveagree2ent4 or la#4 #&i%& s&all e &eard ! t&e *,pre2e Co,rt4 en banc4 in%l,ding t&oseinvolving t&e %onstit,tionalit!4 appli%ation4 or operation o+ presidential de%rees4

pro%la2ations4 orders4 instr,%tions4 ordinan%es4 and ot&er reg,lations4 s&all e de%ided #it&t&e %on%,rren%e o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations ont&e iss,es in t&e %ase and voted t&ereon"

8D Cases or 2atters &eard ! a division s&all e de%ided or resolved #it& t&e%on%,rren%e o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations on t&eiss,es in t&e %ase and voted t&ereon4 and in no %ase4 #it&o,t t&e %on%,rren%e o+ at least t&reeo+ s,%& Me2ers" W&en t&e re,ired n,2er is not otained4 t&e %ase s&all e de%ided enbanc/ Provided4 t&at no do%trine or prin%iple or prin%iple o+ la# laid do#n ! t&e %o,rt in ade%ision rendered en banc or in division 2a! e 2odi+ied or reversed e3%ept ! t&e %o,rtsitting en banc"

Creation

-he ?udicial po!er shall be vested in one Supreme Court and in such lo!er courts as may be established by la!. 1'rt. V,,,2 Sec. "2 par. ".5

-he Supreme Court is a constitutional body. 's such it cannot be abolished by theCon0ress for the po!er to destroy only resides in the one !ho has the po!er to create.

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-he lo!er courts 1Court of 'ppeals2 &e0ional -rial Courts2 Municipal -rial Courts2Metropolitan -rial Courts2 Municipal Circuit -rial Courts52 on the other hand2 are established byla!2 and so could be abolished by la!2 provided the security of tenure is not undermined.

Composition

-he Supreme Court shall be composed of a Chief Justice and "; 'ssociate Justices. L'rt.V,,,2 Sec. ;1"5

Under the "#$ Constitution2 the Supreme Court !as composed of eleven 1""5 ?ustices inall7 in "#<2 fifteen 1"$5 Justices.

Mode of Sittin0

,t may sit en banc2 or in its discretion2 in divisions of 2 $ or < members 1or $2 or 4divisions5. L'rt. V,,,2 Sec. ;1"5

,n "#$2 the rule !as that the SC may sit en banc or in 4 divisions2 Dunless other!ise provided by la!.D Con0ress decided a0ainst allo!in0 the SC to sit in 4 divisions on the theory thatthere is only one Supreme Court. 'nd so2 it provided in the Judiciary 'ct of "#;= the rule that theSC may only sit en banc. But the reality !as that the doc9ets !ere cro!ded. -his prompted theframers to eliminate one phrase Dunless other!ise provided by la!D in "#$32 and in effect leave thedecision to the SC on !hether to sit en banc or in 4 divisions2 if it sat on divisions.

,n "#=<2 not only !as the discretion retained2 but also the divisions !ere increased. -heremay be $2 or 4 divisions made up of 2 $ or < members2 respectively. 't present2 the SC sitseither en banc or in divisions.

ne Supreme Court

Ghen the SC sits in divisions2 it does not violate the concept of a Done Supreme CourtD because2 accordin0 the United States v imsion0co2 ;" Phil #; 1"#4F52 the divisions of the SC donot diminish its authority2 because althou0h it sits in divisions2 it remains and co%functions as one body.

-his Done Supreme CourtD doctrine is stren0thened by the provision that D!hen there:uired number 1in a division5 is not obtained2 the case shall be decided en banc6 provided2 that nodoctrine or principle of la! laid do!n by the court in a decision rendered en banc or in divisionmay be modified or reversed e8cept by the court sittin0 en banc. L'rt. V,,,2 Sec. ;15

Strict Composition

,n Var0as v &illoraza2 =F Phil 4#< 1"#;=52 the SC held that the temporary desi0nation of ?ud0es of the C>, and the Court of 'ppeals in the Supreme Court to constitute a :uorum due todis:ualification of some of the ?ustices2 is unconstitutional. -here is but one Supreme Court !hosemembership appointments are permanent.

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Var0as v &illoraza2 =F Phil 4#< 1"#;=5

>6 Pet. Var0as filed a motion assailin0 the constitutionality of PeopleEs Court 'ct !@c provides that any ?ustice of the SC !ho held any office or position under the Phil *8ec. Commission or under the 0ovt calledPhil. &epublic2 may not sit and vote in any case brou0ht to that court under sec. " hereof in !@c theaccused is a person !ho held any office or position under either both the Phil. *8ec. Commission and the

Phil. &epublic or any branch2 instrumentality or a0ency thereof. ,f on account of such dis:ualification2 or bec. of any of the 0rounds of dis:ualification of ?ud0es2 in & "432 sec. " of the &C2 or on account of illness2 absence of temporary disability2 the re:uisite number of ?ustices necessary to constitute a :uoromin any case is not present2 the Pres. may desi0nate such no. of ?ud0es of the C>,2 ?ud0es at lar0e of C>,2cadastral ?ud0es2 havin0 none of the dis:ualification set forth in the above la!2 as may be necessary to sittemporarily as ?ustice of the SC in order to form a :uorom.

*/6 1"5 Con0ress does not have the po!er to add to the e8istin0 0rounds for dis:ualificationof a ?ustice of the SC. -o dis:ualify any of these constitutional component member of the court%especially as in this case2 a ma?ority of them%% in a treason case2 is nothin0 short of deprivin0 thecourt itself of its ?urisdiction as established by the fundamental la!. /is:ualification of a ?ud0e isa deprivation of his ?udicial po!er. ,t !ould seem evident that if Con0ress could dis:ualifymembers of SC in ta9in0 part in the hearin0 and determination of certain DcollaborationD cases2 itcould e8tend the dis:ualification to other cases.

145 -he desi0nation provided 1a C>,%?ud0e to sit as a SC ?ustice if the SC does not havethe re:uired :uorum5 is repu0nant to the constitutional re:uirement that members be appointed bythe Pres. !@ the consent of the C'. 1-his !as under the "#$ Constitution !@c re:uiredconfirmation from the Commission on 'ppointments.5 ,t !ill result in a situation !herein 3members sittin0 !ill not be appointed and confirmed in accordance !@ the Consti.

15 o!ever brief or temporary may be the action or participation of a ?ud0e desi0nated2there is no escapin0 the fact that he !ould be participatin0 in the deliberations and acts of the SCand if allo!ed to do so2 his vote !ould count as much as any re0ular ?ustice. 888 Adapted"

b. 'ppointment and :ualifications

Art" VIII4 *e%" ?" 1D )o person s&all e appointed Me2er o+ t&e *,pre2e Co,rt oran! lo#er %ollegiate %o,rt ,nless &e is a nat,ralorn %iti5en o+ t&e P&ilippines" A 2e2er o+ t&e *,pre2e Co,rt 2,st e at least +ort! !ears o+ age4 and 2,st &ave een +or +i+teen !ears or2 ore a <,dge o+ a lo#er %o,rt or engaged in t&e pra%ti%e o+ la# in t&e P&ilippines"

Judicial and Bar Council

!d&4 *e%" " ;D T&e B,di%ial and $arD Co,n%il s&all &ave t&e prin%ipal +,n%tion o+ re%o22ending appointees to t&e B,di%iar!" It 2a! e3er%ise s,%& ot&er +,n%tions and d,ties ast&e *,pre2e Co,rt 2a! assign to it"

!d&% *e%" 9" T&e Me2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rts s&all eappointed ! t&e President +ro2 a list o+ at least t&ree no2inees prepared ! t&e B,di%ial and$ar Co,n%il +or ever! va%an%!" *,%& appoint2ents need no %on+ir2ation"

(or t&e lo#er %o,rts4 t&e President s&all iss,e t&e appoint2ents #it&in ninet! da!s+ro2 t&e s,2ission o+ t&e list"

P')* 4$;




ualifications

1"5 +atural%born citizen L'rt. V,,,2 Sec. <1"5

145 't least ;F years of a0e 1id .5

15 't least "$ years of e8perience as a ?ud0e of lo!er court2 or practice of la! in the Philippines1id .5

1;5 f proven competence2 inte0rity2 probity and independence L'rt. V,,,2 Sec. <15

c. Salary

Art" VIII4 *e%" 1=" T&e salar! o+ t&e C&ie+ B,sti%e and o+ t&e Asso%iate B,sti%es o+ t&e*,pre2e %o,rt and o+ <,dges o+ lo#er %o,rts s&all e +i3ed ! la#" ',ring t&eir %ontin,an%e ino++i%e4 t&eir salar! s&all not e de%reased"

Unless the Con0ress provides other!ise2 the CJ shall receive an annual salary of P 4;F2FFF

and the 'ssociate Justices shall receive P 4F;2FFF each. 1'rt. HV,,,2 Sec. "<.5

-he salary of lo!er court ?ud0es is not initially fi8ed by the Constitution but by the la!.

/urin0 their continuance in office2 their salary shall not be decreased. 1'rt. V,,,2 Sec. "F.5

But it may be increased by la!2 to ta9e effect at once. &easons are6 Lone the Constitutiondoes not prohibit it7 Lt!o the Judiciary plays no part in the passa0e of the la! increasin0 their salary unli9e the Con0ress and the *8ecutive2 and so there can be no conflict of interest7 andLthree this !ill promote the independence of the Judiciary.

,s the imposition of income ta8 on the salary of the Justices and Jud0es a diminution of their salary as prohibited by the ConstitutionK

Under the "#$ Constitution 1'rt. V,,,2 Sec. #52 it !as provided that the members of theJudiciary Dshall receive such compensation as may be fi8ed by la!2 !hich shall not be diminisheddurin0 their continuance in office.D

,n Perfecto v Meer2 =$ Phil $$4 1"#$F52 the SC ruled that salaries of ?ud0es !ere notsub?ect to income ta82 for such !ould be a diminution of their salary2 in contravention of theConstitution. -his happened after Justice Perfecto refused to pay the assessment of income ta8made upon him by the Collector.

&espondin0 to this2 Con0ress passed a la! providin0 that the constitutional provisiona0ainst the diminution of salaries of members of the ?udiciary should not be interpreted to mean ane8emption from income ta8. 1Sec. "2 &' $#F.5

But the Court struc9 this statute do!n as unconstitutional !hen as in the previous case2Jud0e *ndencia refused to pay his ta8es7 thereby 0ivin0 the SC an opportunity to ma9e the pro%nouncement in the case of *ndencia v /avid2 # Phil 3#3 1"#$5. -he SC rulin0 invalidatin0 thestatute !as based on the reason that the le0islature had no po!er to interpret the Constitution2 such

P')* 4$$




po!er bein0 lod0ed in the ?udicial branch2 and so !hen it did2 it violated the separation of po!ersunder the Constitution.

Compare the "#< Constitution2 'rt. HV2 Sec. 3

'!are of this rulin02 the framers of the "#< Constitution clearly provided in 'rt. HV2 Sec.3 that6

Art"4 *e%" 6" )o salar! or an! +or2 o+ e2ol,2ent o+ an! p,li% o++i%er or e2plo!ee4in%l,ding %onstit,tional o++i%ers4 s&all e e3e2pt +ro2 t&e pa!2ent o+ in%o2e ta3"

thereby avoidin0 a SC contrary2 self%defensive rulin0.

-his provision in the "#< Constitution2 ho!ever2 is not found in the "#=< Constitution2 promptin0 some ?ud0es includin0 +itafan2 to contend that the old rulin0 in Perfecto and *ndencia isthereby deemed revived. But the SC this time did not uphold the old rulin0.

+ot e8empt from income ta8

,n +itafan v Commissioner of ,nternal &evenue2 1July "#=<52 the Court ruled that under the "#=< Constitution2 the salaries of members of the Judiciary are not e8empt from ta8es. ,tanchored its decision on the deliberation of the Constitutional Commission2 that is2 on thele0islative history of the present 'rt. V,,,2 Sec. "F.

' draft of the present 'rt. V,,,2 Sec. "F !hen ori0inally presented to the body2 e8presslye8empted the salary of ?ud0es from ta8ation. But !hen this draft !as discussed on second readin02the sentiment !as a0ainst the e8emption2 the reason bein0 that li9e any other citizen2 ?ud0es and ?ustices must pay their share in the burden of maintainin0 the 0overnment. So this e8presse8emption !as deleted from 'rt. V,,,2 Sec. "F and so it !as !hen the draft !as adopted by the body.

-here !as a plan to insert a similar provision as that found in 'rt. HV2 Sec. 3 of "#<2 butthrou0h oversi0ht2 the constitutional commission failed to insert one. Yet2 the intent !as clear tohave one2 and so it must be read into the Constitution2 the SC concluded.

d. Security of -enure

Art" VIII4 *e%" 11" T&e 2e2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rtss&all &old o++i%e d,ring good e&avior ,ntil t&e! rea%& t&e age o+ sevent! !ears4 or e%o2ein%apa%itated to dis%&arge t&e d,ties o+ t&eir o++i%e" T&e *,pre2e Co,rt en banc s&all &ave t&epo#er to dis%ipline <,dges o+ lo#er %o,rts4 or order t&eir dis2issal ! a vote o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations on t&e iss,es in t&e %ase and votedt&ereon"

!d&% *e%" 7" 333)o la# s&all e passed reorgani5ing t&e B,di%iar! #&en it ,nder2ines t&e se%,rit! o+

ten,re o+ its Me2ers"

&eor0anization

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,t is hi0hly doubtful if this provision applies to the SC. -he po!er to reor0anize involvesthe po!er to create and destroy. Since the SC is a creation of the Constitution and not of Con%0ress2 it may not be created nor destroyed2 and ultimately reor0anized by Con0ress.

/e la allana vs. 'lba2 ""4 SC&' 4#; 1"#=45

>6 Sec. ";; of BP "4# replaced the e8istin0 court system2 !@ the e8ception of the SC and the SB2 !@a ne! one and provided that upon the completion of the reor0anization by the Pres.2 the courts affectedDshall be deemed automatically abolished and the incumbents thereof shall cease to hold office.DPetitioner2 ?ud0e of the city court of lan0apo2 and < members of the Bar :uestioned the validity of the 'ctin an action for prohibition2 on the 0round that it contravened the security of tenure of ?ud0es. -heysou0ht to bolster their claim by imputin0 lac9 of )> in the enactment of the 'ct and by characterizin0 itas an undue dele0ation of le0islative po!er bec. of Sec. ;"2 !@c authorizes the Pres. to fi8 thecompensation of those !ho !ould be appointed under it Dalon0 the 0uidelines set forth in , +o. #2 pursuant to P/ #=$2 as amended by P/ "$#<.D

*/6 -he imputation of lac9 of )> disre0ards the fact that the 'ct !as the product of carefulstudy and deliberation not only by the BP but also by a Presidential study committee 1composed of

the Chief Justice and Minister of Justice as co%chairmen2 !@ members dra!n from the SC andMinistry of Justice.5 -he study 0roup called attention to the clo00ed doc9ets of the courts and the possible !orsenin0 of the situation as a result of population 0ro!th and risin0 e8pectations2 and theadverse effect of this on the developmental pro0rams of the 0ovt. ,t !as this problem !@c the 'ctsee9s to solve. 888 L-he abolition of an office is !@in the competence of a le0islative body if donein )>. -he test is !hether the abolition is in )>. 's that element is present in the enactment of BP"4#2 the lac9 of merit of the petition becomes apparent.

145 o!ever2 !hile there can be no claim to security of tenure !here the office no lon0er e8ists2 in their effect there is no difference bet. removal and the abolition of office. ,n either case2the effect on the incumbent is one of separation. 'ccordin0ly2 in the implementation of the la! it!ould be in 9eepin0 !@ the spirit of the Consti. that2 as far as incumbent ?ustices and ?ud0es areconcerned2 the SC be consulted and that its vie! be accorded fullest consideration. -his is notrenderin0 advisory opinion bec. there is no :uestion of la! involved. +either is there intrusion into

the appointin0 process bec. only incumbents are involved.15 's to the char0e of undue dele0ation2 the provisions of Sec. ;" that the Pres. should fi8

the compensation of those !ho !ill be appointed to the ne! courts Dalon0 the 0uidelines set forth in, +o. #2 pursuant to P/ #=$2 as amended by P/ "$#<D constitutes a sufficient 0round. VV"

e. &emoval

Art" VIII4 *e%" 11" T&e 2e2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rtss&all &old o++i%e d,ring good e&avior ,ntil t&e! rea%& t&e age o+ sevent! !ears4 or e%o2ein%apa%itated to dis%&arge t&e d,ties o+ t&eir o++i%e" T&e *,pre2e Co,rt en banc s&all &ave t&epo#er to dis%ipline <,dges o+ lo#er %o,rts4 or order t&eir dis2issal ! a vote o+ a 2a<orit! o+

t&e Me2ers #&o a%t,all! too part in t&e delierations on t&e iss,es in t&e %ase and votedt&ereon"

Art" >I4 *e%" 7" T&e 333 Me2ers o+ t&e *,pre2e Co,rt 333 2a! e re2oved +ro2o++i%e4 on i2pea%&2ent +or4 and %onvi%tion o+4 %,lpale violation o+ t&e Constit,tion4 treason4rier!4 gra+t and %orr,ption4 ot&er &ig& %ri2es4 or etra!al o+ p,li% tr,st" All ot&er p,li%o++i%ers and e2plo!ees 2a! e re2oved +ro2 o++i%e as provided ! la#4 ,t not !i2pea%&2ent"

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See procedure for impeachment under ther Po!ers of Con0ress.

Members of the SC cannot be removed e8cept by impeachment. -hus2 a SC ?ustice cannot be char0ed in a criminal case or a disbarment proceedin02 because the ultimate effect of either is to

remove him from office2 and thus circumvent the provision on impeachment.

f. >iscal 'utonomy

Art" VIII4 *e%" 8" T&e B,di%iar! s&all en<o! +is%al a,tono2!" Appropriations +or t&eB,di%iar! 2a! not e red,%ed ! t&e legislat,re elo# t&e a2o,nt appropriated +or t&eprevio,s !ear and4 a+ter approval4 s&all e a,to2ati%all! and reg,larl! released"

0. Jurisdiction

1"5 -he Po!er of Judicial &evie!

Art" VIII4 *e%" ;" 3337D Revie#4 revise4 reverse4 2odi+!4 or a++ir2 on appeal or certiorari as t&e la# or t&e

R,les o+ Co,rt 2a! provide4 +inal <,dg2ents and orders o+ lo#er %o,rts in-

aD All %ases in #&i%& t&e %onstit,tionalit! or validit! o+ an! treat!4international or e3e%,tive agree2ent4 la#4 presidential de%ree4 pro%la2ation4 order4instr,%tion4 ordinan%e4 or reg,lation is in ,estion"

-he ?udicial po!er shall be vested in one Supreme Court and in such lo!er courts as may be established by la!. 1'rt. V,,,2 Sec. "2 par. ".5

Scope of the Judicial Po!er

Judicial po!er includes the duty of the courts of ?ustice to6 1'rt. V,,,2 Sec. "2 par. 45

1" *ettle a%t,al %ontroversies4 involving rig&ts #&i%& are legall! de2andale anden+or%ealeH and

-his is the classical definition of ?udicial po!er that contemplates a case !here the party% plaintiff has a cause of action a0ainst the party%defendant2 that is2 the plaintiff has a ri0htcorrespondin0 to the defendantEs obli0ation2 !hich ri0ht !as violated by the defendant2 therebyresultin0 in in?ury.

7" 'eter2ine #&et&er or not t&ere &as een a grave a,se o+ dis%retion a2o,nting tola% or e3%ess o+ <,risdi%tion on t&e part o+ an! ran%& or instr,2entalit! o+ t&e 0overn2ent"

's early as 'n0ara v *lectoral -ribunal2 the SC held that !hen it performs his chec9in0function of the co%e:ual branches2 it is merely performin0 a duty imposed upon it by theConstitution7 that it acts as the mechanism that implements the Dsupremacy of the Constitution.D

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-he e8tent to !hich it e8ercises this function2 ho!ever2 has been limited by the political :uestiondoctrine.

1"5 Po!er of Judicial &evie!

'n0ara v *lectoral Commission2 3 Phil "# 1"#35.

>6 ,n "#$2 the +ational 'ssembly adopted a resolution that Dall members%elect2 !ith no election protest filed on or before /ecember "#$ are deemed elected.D -he *lectoral Commission2 a constitu%tional body2 on the other hand set the # /ecember "#$ as the deadline for the filin0 of election protest.

Ynsua2 !ho lost to 'n0ara2 filed a motion of protest 1complaint5 on = /ecember "#$. -his !asentertained by the *lectoral Commission. 'n0ara contended that the deadline set by the +ational'ssembly !as controllin0. Gho prevailedK

*/6 -he SC2 throu0h J. aurel2 ruled for Ynsua2 thereby upholdin0 the authority of the*lectoral Commission2 in vie! of the constitutional provision 0rantin0 the electoral Commission ?urisdiction over election protests.

,n ?ustifyin0 the po!er of ?udicial revie!2 J. aurel pointed out that when the court

allocated constitutional boundaries( it neither asserts supremac"( nor annuls the acts of thelegislature. It simpl" carries out the solemn and sacred obligations imposed upon it b" theconstitution to determine conflicting claims and to establish for the parties the rights which theconstitution grants to them. This is in truth all that is involved in what is termed 5udicial supremac" which properl" is the power of 5udicial review under the Constitution.

*ven then2 this po!er of ?udicial revie! is limited to actual cases and controversies to bee8ercised after full opportunity of ar0ument by the parties2 and limited further to the constitutional:uestion raised or the very lis mota presented. 'ny attempt at abstraction could only lead todialectics and barren le0al :uestions and to sterile conclusions unrelated to actualities. +arro!edas its function is in this manner2 the ?udiciary does not pass upon :uestions of !isdom2 ?ustice or e8pediency of le0islation. 888 Adapted"

a. Conditions for the *8ercise of Judicial &evie!

,n People v Vera2 33 Phil $3 1"#<52 J. aurel laid do!n the doctrine that ?udicial revie!can only be e8ercised in an actual case and controversy.

-his means 1"5 a party !ith a personal and substantial interest2 145 an appropriate case2 15a constitutional :uestion raised at the earliest possible time2 and 1;5 a constitutional :uestion thatis the very lis mota of the case2 i.e. an unavoidable :uestion.

Political uestions

,n PB' v CM**C2 ";F SC&' ;$$2 !e see a reversal of ?udicial revie!. -he case !as

clearly a ?usticiable controversy. ,s the resi0nation submitted by Marcos2 !hich !as conditionedon the election2 proclamation and assumption into office by the elected President2 a validresi0nation as to authorized the Batasan to pass a Snap *lection a!K -he Court could havevalidly issued an in?unction to stop the CM**C from proceedin0 !ith the preparations for theelection. But it did not2 citin0 its delay in decidin0 the case and the sentiments of the people thatdeveloped in the meantime as reason for its inaction. 'ccordin0 to the court2 !hat at first !as ale0al :uestion became a political :uestion because it !as overta9en by events. L,n this case2 no <Justices voted to dismiss the petitions2 and $ Justices voted to declare the statute unconstitutional.

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,n accordance !@ Javellana vs. *8ec. Sec.2 J. -eehan9ee !as of the vie! that as there !ere lessthan ten votes for declarin0 BP == unconstitutional2 the petitions should be dismissed. 5

VV6 ' Court !hich does not issue an in?unction to en?oin an official act !hen it could haveissued one is actually decidin0 the case in favor of the validity of the act. >ailure to issue anin?unction is as much an e8ercise of ?udicial revie!.

,n &omulo v Yni0uez2 infra2 !e see another trend of ?udicial revie!. Ghat seems li9e ale0al :uestion !hen vie!ed in isolation 1namely2 !hether the rules of the Batasan enablin0 it toshelve a complaint for impeachment a0ainst the President is constitutional.5 is really a political:uestion !hen vie!ed in a broader conte8t 1i.e.2 that the case !as filed a0ainst the Spea9er of a co%e:ual branch to compel him by mandamus to recall the complaint from the archive2 and that theultimate result of the case !as to :uestion the decision of the Batasan to shelve the case2 a matter2that is solely committed to that department.5

Said the SC6 By denyin0 MitraEs motion to recall the resolution of impeachment2 the BP ineffect confirmed the action of its committee dismissin0 the resolution. -his places the matter beyond revie! by this Court. Ghile the petition is directed at the Committee on Justice2 uman&i0hts and )ood )ovt.2 it is actually directed at the BP bec. the committeeEs action2 dismissin0 theresolution of impeachment2 !as approved by the BP. ,ndeed2 an interference by the ?udicial dept.!@ the !or9 of a le0islative committee !ould be tantamount to an intereference !@ the !or9 of thele0islature itself.

Yet2 despite the really political nature of the :uestion2 the SC passed on the validity of therules to erase doubts that may still be entertained.

/umlao v CM**C 1#$ SC&' #45

>6 Section ; of BP $4 provided that any retired elective local official !ho had received retirement pay to !hich he !as entitled under the la! and !ho have been 3$ years old at the commencement of theterm of office to !hich he sou0ht to be elected2 !as not :ualified to run for the same elective local office

from !hich he had retired./umlao filed for prohibition to en?oin the enforcement of the la!2 claimin0 that this !as directedat him as former 0overnor of +ueva Vizcaya.

*/6 -he SC held that 1a5 he had no standin02 since he had not been in?ured by the operation of the la!2 no petition for his dis:ualification havin0 been filed and 1b5 the action !as a re:uest for advisory opinion. 'nd yet2 the SC upheld the validity Dbecause of paramount public interestD2declarin0 that the le0islative purpose of infusin0 youn0er blood in local 0overnment !as valid.Adapted"

Barlon0ay6

6 Ghat are the t!o aspects of political :uestionsK'6 1"5 those :uestions that are left to the people in their soverei0n capacity 145 matters !@c are lod0ed in the other branches of 0ovt.

6 Ghat is the effect of the e8panded ?urisdiction on the political :uestion doctrineK'6 -he doctrine still e8ists but has been reduced in scope.

b. 'll courts can e8ercise ?udicial revie!

P')* 43F




-he revie! po!er of the SC implies that it has appellate ?urisdiction over final ?ud0mentsof lo!er courts on cases !ith constitutional issues. ,f so2 inferior courts have ori0inal ?urisdictionover constitutional cases althou0h they decide the case only at first instance2 their decision bein0al!ays revie!able by the SC. -hus2 for instance an &-C can rule on the constitutionality of the'nti%Subversion a!.

,n J.M. -uason A Co. v C'2 SC&' 3#3 1"#3"52 &' 43"32 !hich provided for thee8propriation of the -atalon *state2 !as claimed to be unconstitutional. -his issue said the SC2could be resolved by the C>, in the e?ectment case filed before it by the evictees of the estate2 sincethe "#$ Constitution contemplated that inferior courts should have ?urisdiction in cases involvin0constitutionality issues2 that it spo9e of appellate revie! of Dfinal ?ud0ment of inferior courtsD incases !here such constitutionality happens to be in issue. -he 4@ vote of the SC re:uired by Sec."F of 'rt. V,, restricted the decisions of that Court only in the e8ercise of its appellate ?urisdiction.

Said the court6 -he Consti. contemplates that the inferior courts should have ?urisdictionin cases involvin0 the constitutionality of any treaty or la!2 for it spea9s of appellate revie! of thefinal ?ud0ment of inferior courts2 in cases !here such constitutionality happens to be in issue. -he4@ vote of the SC2 re:uired by Sec. "F2 'rt. V,,,2 of the "#$ Consti.2 conditions only decisions of that court in the e8ercise of its appellate ?urisdiction.

,n Ynot v ,'C ";= SC&' 3$#2 the SC reversed the &-CEs holdin0 that it had no authorityto rule on the validity of * 343%'2 bannin0 the transportin0 of carabaos from one province toanother. -he Court pointed out2 that since it has ?urisdiction to revie!2 revise2 reverse2 modify or affirm final ?ud0ments of lo!er courts in constitutional cases2 then the lo!er courts can pass uponthe validity of a statute in the first instance.

-he SC then struc9 do!n the la! for bein0 arbitrary and for unduly dele0atin0 le0islative po!er.

Ynot vs. ,'C2 ";= SC&' 3$# 1"#=<5

>6 PetitionersE 3 carabaos !ere confiscated by the police for havin0 been transported from Masbateto ,loilo in violation of * 343%'. e brou0ht an action for replevin2 challen0in0 the consitutionality of the *. -he trial court sustained the confiscation of the animals and declined to rule on the validity of thela! on the 0round that it lac9ed authority to do so. ,ts decision !as affirmed by the ,'C. ence this petition for revie!.

*/6 1"5 Under the provision 0rantin0 the SC ?urisdiction to Drevie!2 revise2 reverse2 modify or affirm on appeal or certiorari2 as the la! or rules of court may provide final ?ud0ments of lo!er courtsD in all cases involvin0 the constitutionality of certain measures2 lo!er courts can pass uponthe validity of a statute in the first instance.

145 -here is no doubt that by bannin0 the slau0hter of these animals 1e8cept !here there atleast < yrs. old if male and "" yrs old if female upon the issuance of the necessary permit5 the *!ill be conservin0 those still fit for farm !or9 or breedin0 and preventin0 their improvident

depletion. Ge do not see2 ho!ever2 ho! the prohibition of the interprovincial transport of carabaoscan prevent their indiscriminate slau0hter2 considerin0 that they can be 9illed any !here2 !@ no lessdifficulty in on province than in another. bviously2 retainin0 the carabao in one province !ill not prevent their slau0hter there2 any more than movin0 them to another province !ill ma9e it easier to9ill them there. 's for the carabeef2 the prohibition is made to apply to it as other!ise2 so says the*2 it could be easily circumsbcribed by simply 9illin0 the animal. Perhaps so. o!ever2 if themovement of the live animals for the purpose of preventin0 their slau0hter cannot be prohibited2 itshould follo! that there is no reason either to prohibit their transfer as2 not to be flippant2 deadmeat.

P')* 43"




15 ,n the instant case2 the carabaos !ere arbitrarily confiscated by the police stationcommander2 !ere returned to the petitioner only after he had filed a complaint for recovery and0iven a supersedeas bond !@c !as ordered confiscated upon his failure to produce the carabaos!hen ordered by the trial court. -he * defined the prohibition2 convicted the petitioner andimmediately imposed punishment2 !@c !as carried out forthri0ht. -he measures struc9 him at onceand pounced upon the petitioner !@o 0ivin0 him a chance to be heard2 thus denyin0 him elementary

fair play. 888 VV" 145 Judicial &evie! and political :uestions.

Art" VIII4 *e%" 1" B,di%ial po#er s&all e vested in one *,pre2e Co,rt and in s,%&lo#er %o,rts as 2a! e estalis&ed ! la#"

B,di%ial po#er in%l,des t&e d,t! o+ t&e %o,rts o+ <,sti%e to settle a%t,al %ontroversiesinvolving rig&ts #&i%& are legall! de2andale and en+or%eale4 and to deter2ine #&et&er ornot t&ere &as een a grave a,se o+ dis%retion a2o,nting to la% or e3%ess o+ <,risdi%tion ont&e part o+ an! ran%& or instr,2entalit! o+ t&e 0overn2ent"

-he second aspect of the definition of ?udicial po!er modifies the political :uestiondoctrine. 's enunciated in -anada v Cuenco2 a political :uestion is one to be decided by the peoplein their soverei0n capacity2 one in respect to !hich full discretionary capacity is 0iven to the other branches of the 0overnment.

,t does not mean2 ho!ever2 that the political :uestion doctrine has been completelyabro0ated by the Constitution2 such that if those cases !here the SC invo9ed the doctrine !eredecided no! it !ould have to decide the case on its merits. ,t is submitted that !hat theConstitution overrules is only the rulin0 in )arcia Padilla v Ponce%*nrile2 supra2 !here the SCheld that the :uestion on the validity of the proclamation of martial la! is beyond ?udicial revie!2so that !hen the President says that there is a need for such proclamation2 his !ords are bindin0 onthe Courts2 and all that the citizen can do is trust in the 0ood faith of the President.

,ndeed2 as already noted in the Commander%in%Chief po!er of the President above2 'rt.

V,,2 Sec. "= authorizes the SC to revie!2 in an appropriate proceedin0 1li9e a habeas corpus petition52 filed by a citizen 1!ho2 under the &ules of Court2 could be the detainee himself2 or anyoneelse in his behalf52 the sufficiency of the factual basis of the proclamation or suspension.

Beyond this2 the political :uestion doctrine is not a dead issue. ,n fact2 the Supreme Courtcontinues to invo9e it as in a!yersE ea0ue for a Better Philippines v ':uino2 ,n re Bermudez andMarcos vs Man0lapus.

)arcia vs B,2 "#" SC&' 4==

,n this case2 the court ruled that it has a constitutional duty to step into the controversy anddetermine the paramount issue. Said the court2 DLthere is before us an actual controversy !hether the petrochemical plant should remain in Bataan or should be transferred to Batan0as2 and !hether its feedstoc9 ori0inally of naphtha only should be chan0ed to naphtha and@ or li:uified petroleum0as as the approved amended application of the BPC2 no! uzon Petrochemical Corp. 1PC52sho!s. 'nd in the li0ht of the cate0orical admission of the B, that it is the investor !ho has thefinal choice of the site and the decision on the feedstoc92 !hether or not it constitutes a 0rave abuseof discretion for the B, to yield to the !ishes of the investor2 national interest not!ithstandin0.

P')* 434




-he Supreme Court held that the B, committed a 0rave abuse of discretion in approvin0the transfer of the petrochemical plant from Bataan to Batan0as and authorizin0 the chan0e of feedstoc9 from naphtha only to naphtha and@or P) for the main reason that the final say is in theinvestor all other circumstances to the contrary not!ithstandin0. +o co0ent advanta0e to the0overnment has been sho!n by this transfer. -his is a repudiation of the independent policy of the0overnment e8pressed in numerous la!s and the Constitution to run its o!n affairs and the !ay it

deems best for the national interest.

/issentin0 6 -he decision of the B, may be e8tremely un!ise and inadvisable2 but the SC maynot2 for that reason annul the B,Es action or prohibit it from actin0 on the manner that lies !ithinits particular sphere of competence2 for the Court is not a ?ud0e of the !isdom and soundness of the actions of the t!o other co%e:ual branches of the )overnment2 but only of their le0ality andconstitutionality. Adapted"

15 Jurisdiction over criminal cases !here penalty imposed is reclusion perpetua

Art" VIII4 *e%" ;" T&e *,pre2e Co,rt s&all &ave t&e +ollo#ing po#ers-3337D Revie#4 revise4 reverse4 2odi+!4 or a++ir2 on appeal or certiorari as t&e la# or t&e

R,les o+ Co,rt 2a! provide4 +inal <,dg2ents and orders o+ lo#er %o,rts in-

dD All %ri2inal %ases in #&i%& t&e penalt! i2posed is reclusion perpetua or&ig&er"

,n People v /aniel2 =3 SC&' $"" 1"#<=5 and as affirmed in People v &amos2 == SC&';33 1"#<#52 both bein0 rape cases !here the trial court imposed lesser penalties because of misappreciation of the a00ravatin0 and :ualifyin0 circumstances and on appeal the penalty !asincreased. -he ma?ority opinion held that Dhenceforth2 should the C' be of the opinion that the

penalty of death or reclusion perpetua should be imposed in any criminal case appealed to it !herethe penalty imposed by the trial court is less than reclusion perpetua2 the said Court2 !ithcomprehensive !ritten analysis of the evidence and discussion of the la! involved 1should5 render ?ud0ment e8pressly and e8plicitly imposin0 the penalty of either death or reclusion perpetua as thecircumstances !arrant2 refrain from enterin0 ?ud0ment2 and forth!ith certify the case and elevatethe entire record thereto to this Court for revie!.D Chief Justice Castro2 for the ma?ority2 e8plained6'rt. H2 Sec. $ 145 1d5 Lno! 'rt. V,,,2 Sec. $ 145 1d5 provides that the SC shall have appellate ?urisdiction over Dfinal ?ud0ements and decrees of inferior courtsD in criminal in !@c the Dpenaltyimposed is death or life imprisonment.D Unless the C' renders ?ud0ment and imposes the penaltyof death or reclusion perpetua2 there !ould be no ?ud0ment for SC to revie!. ,ndeed2 Section ; of the Judiciary 'ct of "#;= and the present &ule "4;2 Sec. " provide that2 !henever the C' should be of the opinion that the penalty of death or life imprisonment should be imposed2 Dthe said courtshall refrain from enterin0 ?ud0ment thereon2 and shall forth!ith certify the case brou0ht before iton appeal2D !hich that it is not prohibited from renderin0 ?ud0ment. ,n other !ords2 the C' is not prohibited from renderin0 ?ud0ment but from Denterin0 ?ud0ment.D -he distinction bet. the t!o is!ell established.

-he phrase Denterin0 ?ud0mentD is not to be e:uated !@ an Dentry of ?ud0mentD as the latter is understood in &3 in relation to Sec. =2 & "4" and Sec. "32 & "4;2 &C. D*ntry of ?ud0mentD presupposes a final ?ud0ment%% final in the sense that no appeal !as ta9en from the decision of thetrial court or appellate court !@in the re0lamentary period. ' ?ud0ment in a crim. case becomesfinal after the lapse of the period for perfectin0 an appeal2 or !hen the sentence has been partially

P')* 43




or totally satisfied or served2 or the def. has e8pressly !aived in !ritin0 his ri0ht to appeal. ,t isonl" then that there is a ?ud0ment !@c is to be entered or recorded in the boo9 of entries of ?ud0ments.

R,le 17:4 *e%" 18" 333

W&enever t&e Co,rt o+ Appeals s&o,ld e o+ t&e opinion t&at t&e penalt! o+ reclusion perpetua or &ig&er s&o,ld e i2posed in a %ase4 t&e Co,rt a+ter dis%,ssion o+ t&e eviden%e andt&e la# involved4 s&all render <,dg2ent i2posing t&e penalt! o+ reclusion perpetua or &ig&eras t&e %ir%,2stan%es #arrant4 re+rain +ro2 entering <,dg2ent and +ort&#it& %erti+! t&e %aseand elevate t&e entire re%ord t&ereo+ to t&e *,pre2e Co,rt +or revie#"

1;5 'rticle V,,2 Sec. "=2 par.

Art" VII4 *e%" 1" 333333T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled ! an! %iti5en4 t&e


1$5 'rticle V,,2 Sec. ;2 par. <

Art" VII4 *e%" :" 333333T&e *,pre2e Co,rt4 sitting en banc4 s&all e t&e sole <,dge o+ all %ontests relating to

t&e ele%tion4 ret,rns4 and ,ali+i%ations o+ t&e President4 Vi%ePresident4 and 2a! pro2,lgateits r,le +or t&e p,rpose"

opez vs. &o8as2 "< SC&' <$3 1"#335

>6 ,n "#3$2 the 4 ouses of Con0ress in ?oint session proclaimed petitioner >ernando opez electedto the ffice of the Vice%President of the Philippines. is closest opponent2 resp. )erardo &o8as2 thenfiled !ith the Presidential *lectoral -ribunal 1P*-5 an election protest contestin0 the election of petitioner herein as VP upon the 0round that it !as not he2 but said resp.2 !ho had obtained the lar0est number of votes for said office. Petitioner opez then instituted this ri0inal 'ction to prevent the P*- fromhearin0 and decidin0 the aforementioned election contest2 upon the 0round that &.'. +o. "<#2 creatin0said -ribunal2 is DunconstitutionalD and that2 Dall proceedin0s ta9en by it are a nullityD.

,SSU*6 Ghether &.'. "<# is unconstitutional

*/6 +. Section "2 'rt. V,,, of the Constitution vests in the ?udicial branch of the0overnment2 not merely some specified or limited ?udicial po!er2 but the entirety or DallD of said po!er2 e8cept2 only2 so much as the Constitution confers upon some other a0ency2 such as the po!er to D?ud0e all contests relatin0 to the election2 returns and :ualificationsE of members of theSenate and those of the ouse of &epresentatives2 !hich is vested by the Constitution solely in theSenate *lectoral -ribunal and the ouse *lectoral -ribunal2 respectively.

&.' "<#2 creatin0 the P*-2 has the effect of 0ivin0 a defeated candidate the le0al ri0ht tocontest ?udicially the election of the President%elect or the VP%elect. By providin0 that the P*-Dshall be composed of the Chief Justice and the other "F Members of the SCD2 &.'. "<# has

P')* 43;




conferred upon such court an additional e8clusive ori0inal ?urisdiction. ,t has not created a ne!and separate court. ,t has merely conferred upon the SC the functions of a P*-. -he P*- is notinferior to the SC since it is the same court2 althou0h the functions peculiar to said -ribunal aremore limited in scope than those of the SC in the e8ercise of its ordinary functions. -he authority of the P*- to declare !ho has the better ri0ht to office does not abrid0econstitutional tenure. ,f the evidence introduced in the election protest sho!s that the person really

elected is the protestant2 not the person declared elected by Con0ress2 then the latter had le0ally noconstitutional tenure !hatsoever2 and2 hence2 he can claim no abrid0ment thereof. Moreover2 in theimposition of ne! duties upon the SC2 the Con0ress has not2 throu0h &.'. "<#2 encroached uponthe appointin0 po!er of the *8ecutive. ,t constitutes neither the creation of an office2 nor theappointment of an officer. Said la! is constitutional. Adapted"

135 'rticle ,H2 '2 Sec. <

Art" I>4 A4 *e%" ?" Ea%& Co22ission s&all de%ide ! a 2a<orit! vote o+ all itsMe2ers an! %ase or 2atter ro,g&t e+ore it #it&in si3t! da!s +ro2 t&e date o+ itss,2ission +or de%ision or resol,tion" A %ase or 2atter is dee2ed s,2itted +or de%ision orresol,tion ,pon t&e +iling o+ t&e last pleading4 rie+4 or 2e2orand,2 re,ired ! t&e r,les o+ t&e Co22ission or ! t&e Co22ission itsel+" Unless ot&er#ise provided ! t&is Constit,tionor ! la#4 an! de%ision4 order or r,ling o+ ea%& Co22ission 2a! e ro,g&t to t&e *,pre2eCo,rt on certiorari ! t&e aggrieved part! #it&in t&irt! da!s +ro2 re%eipt o+ t&e %op! t&ereo+"

h. Con0ressional Po!er over Jurisdiction of the Supreme Court

Art" VIII4 *e%" 7" T&e Congress s&all &ave t&e po#er t&e de+ine4 pres%rie andapportion t&e <,risdi%tion o+ vario,s %o,rts ,t 2a! not deprive t&e *,pre2e Co,rt o+ its <,risdi%tion over %ases en,2erated in *e%tion ; &ereo+"

333But !hile the ?urisdiction of courts is a matter of le0islative apportionment2 the

Constitution sets certain limitations on this prero0ative6

". ,t cannot decrease the constitutionally set ?urisdiction of the Supreme Court.

1,t may not deprive the Supreme Court of its ?urisdiction over cases enumerated in Section$ hereof.5

4. ,t cannot increase the constitutionally set appellate ?urisdiction of the Supreme Court.

Art" VI4 *e%" 8=" )o la# s&all e passed in%reasing t&e appellate <,risdi%tion o+ t&e*,pre2e Co,rt as provided in t&is Constit,tion #it&o,t its advi%e and %on%,rren%e"

. ,t can increase the ori0inal ?urisdiction of the SC 1pursuant to its 0eneral po!er5.

;. ,t can ma9e the ?urisdiction of the SC concurrent !ith lo!er courts 1pursuant to its0eneral po!er5.

-hus2 under the &ules of Court2 the ori0inal ?urisdiction of the SC is concurrent !ith the&-C and in the case of the special civil actions2 !ith the C'.

P')* 43$




$. ,t cannot pass a la! reor0anizin0 the ?udiciary !hen it undermines the security of tenure of its members. 1'rt. V,2 Sec. 42 par. 45

Mantruste Systems2 ,nc. vs C'

>6 Mantruste 1MS,5 entered into an interim lease a0reement !@ /BP2 o!ner of Bayvie! Plaza otel!herein the former !ould operate the hotel for a minimum of mos. or until such time that the said properties are sold to MS, or other third parties by /BP. Subse:uently2 the Pres. issued Procl. $F !@csou0ht to the e8peditious privatization of 0overnment assets. -he Bayvie! otel properties !ere amon0the 0ovt assets identified for privatization and !ere conse:uently transferred from /BP to the 'ssetPrivatization -rust 1'P-5 for disposition. 888. -he properties !ere subse:uently a!arded to the Ma9ati%'0ro -radin0 and a >ilipina Corp. MS, filed a complaint for the issuance of a restrainin0 order en?oinin0 'P- from approvin0 the !innin0 bid and a!ardin0 the Bayvie! property to private petitionersand from e?ectin0 MS, from the property or from terminatin0 the contract of lease. -he C' nullified thelo!er courtEs decision for bein0 violative of Sec. " of Procl. $F%'.

*/6 Section " of Proclamation +o. $%' prohibited courts and administrative a0encies fromissuin0 any restrainin0 order or in?unction a0ainst the 'sset Privatization -rust in connection !ith

the ac:uisition2 sale or disposition of assets transferred to it2 nor a0ainst any purchaser of assetssold by the -rust to prevent such purchaser from ta9in0 possession of any assets purchased by him.Said Section does not infrin0e any provision of the Constitution. ,t does not impair the inherent po!er of the courts Dto settle actual controversies !hich are le0ally demandable and enforceableand to determine !hether or not there has been a 0rave abuse of discretion amountin0 to lac9 or e8cess of ?urisdiction on the part of any branch or instrumentality of the 0ovt.D -he President2 inthe e8ercise of her le0islative po!er under the >reedom Constitution2 issued said Proclamation to prevent courts from interferin0 in the dischar0e of the *8ecutive /epartment of its tas9 of carryin0out the e8peditious disposition and privatization of certain 0ovt. corporations and@or the assetsthereof2 absent any 0rave abuse of discretion amountin0 to e8cess or lac9 of ?urisdiction on its part.-his proclamation2 not bein0 inconsistent !ith the Constitution and not havin0 been repealed or revo9ed by Con0ress2 has remained operative.

Ghile the ?udicial po!er may appear to be pervasive2 the truth is that under the system of

separation or po!ers2 the po!ers of the courts over the other branches and instrumentalities of 0overnment is limited to the determination of !hether or not there has been a 0rave abuse of discretion amountin0 to lac9 or e8cess of ?urisdiction in the e8ercise of their authority and in the performance of their assi0ned tas9s. Courts may not substitute their ?ud0ment for that of the 'P-2nor bloc92 by an in?unction2 the dischar0e of its functions and the implementation of its decisions inconnection !ith the ac:uisition2 sale2 or disposition of assets transferred to it. Adapted"

-he Supreme CourtEs Jurisdiction

'5 ri0inal ?urisdiction L'rt. V,,,2 Sec. $1"5

1"5 Cases affectin0 ambassadors2 other public ministers and consuls.

145 Petitions for certiorari2 prohibition2 mandamus( 1uo warranto and habeas corpus.

15 Sufficiency of factual basis of proclamation of martial la! and suspension of privile0eof !rit of C

+ote that the SC does not have ?urisdiction over declaratory relief cases2 !hich must befiled !ith the &-C 1,n &e Bermudez said so too2 and yet 0ave due course to the petition.5

P')* 433




-he first case 1ambassadors2 etc.5 is made concurrent !ith &-Cs by la! 1Judiciary 'ct of "#;=5. -he second case 1special civil actions5 is concurrent !ith the C' and the &-C2 !ith respectto inferior bodies.

B5 'ppellate Jurisdiction

-he Supreme Court shall have the po!er to revie!2 revise2 reverse2 modify2 or affirm on 1i5ordinary appeal2 or 1ii5 petition for revie! on certiorari2 as the la! or the &ules of Court may provide2 final ?ud0ment and orders of lo!er courts in the follo!in0 cases6

1"5 Cases :uestionin0 the constitutionality or validity of any 1a5 treaty2 1b5 internationaland e8ecutive a0reement2 1c5 la! or statute2 1d5 presidential decree2 1e5 proclamation2 1f5 order2 105instruction2 1h5 ordinance2 or 1i5 re0ulation.

145 Cases :uestionin0 the le0ality of an 1a5 ta82 1b5 impost2 1c5 assessment2 or 1d5 toll2 or 1e5 any penalty imposed in relation thereto.

15 Cases in !hich the ?urisdiction of lo!er courts is in issue.

1;5 Criminal cases in !hich the penalty imposed is reclusion perpetua or hi0her.

1$5 Cases in !@c only an error or :uestion of la! is involved.

135 rders of the Constitutional Commissions.

'ppellate ?urisdiction may be e8ercised in t!o !ays6

". rdinary appeal

-his is obli0atory on the courts2 so the appellant possesses this Das a matter of ri0htD.Under this mode2 the SC can pass on both :uestions of fact and la!.

rdinary appeal to the SC is allo!ed by la! in criminal cases !here the penalty imposedis reclusion perpetua or hi0her2 includin0 those involvin0 other offenses !hich2 althou0h not so punished2 arose out of the same occurrence or !hich may have been committed by the accused onthe same occasion 1to ensure uniformity of decision5. 1Sec. "<2 Judiciary 'ct of "#;=5.

-he other case is the automatic revie! by the SC of criminal cases !here the death penaltyis imposed. -his is unli9e the ordinary appeal ta9en !here the penalty is reclusion perpetua or hi0her2 for in this case2 the revie! is automatic. -he reason !hy it is not automatic in the first case1reclusion perpetua5 is that on appeal2 the appellate court may increase the penalty imposed by thetrial court 1to death5 so that the convict must first !aive his ri0ht a0ainst double ?eopardy2 precisely by voluntarily ma9in0 the appeal2 before the SC can reopen the case on appeal. But the case isdifferent !hen death is imposed because the !orst that could happen on automatic appeal is thatthe ?ud0ment is affirmed.

+aturalization and denaturalization cases under the Judiciary 'ct of "#;= 1Sec. "<5 usedto be directly appealable to the SC. But this is deemed to have been amended by the Judiciary&eor0anization 'ct of "#=F 1BP "4#5 !hich2 in Sec. $152 ma9es all cases decided by the &-C2appealable to the C'2 e8cept those made directly appealable to the SC by 1i5 the Constitution2 1ii5

P')* 43<




BP "4# and 1iii5 Sec. "< L1i5 and Sec. "< L;1;5of the Judiciary 'ct of "#;=. +aturalization anddenaturalization cases do not fall under any of the e8ceptions.

4. Petition for revie! on certiorari

-his is not discretionary on the SC. ,t has the authority not to 0ive due course to the

petition2 if the petition sho!s no merit on its face. -hus2 mode provided for in &ule ;$2 is limitedto pure :uestions of la!. 'll other cases can be appealed to the SC usin0 this mode.

-he Constitution no! provides that Dno petition for revie! or motion for reconsideration of a decision of the court shall be refused due course or denied !ithout statin0 the le0al basistherefor.D 1'rt. V,,,2 Sec. ";2 par. 45

-he four other cases fallin0 under the appellate ?urisdiction of the SC 1viz 2constitutionality2 ta82 ?urisdiction and pure :uestions of la!52 are appealable to the SC by petitionfor revie! on certiorari. o!ever2 in cases involvin0 constitutionality2 ta82 or ?urisdiction2 !henthe resolution of the main issue depends on a controverted :uestion of fact2 the case must beappealed to the C' on both2 :uestions of fact and la!2 and the decision of the C' is then raised tothe SC by petition for revie! on certiorari on pure :uestions of la!. 1Sec. "< of the Judiciary 'ctof "#;=5

Certiorari

-he certiorari referred to in $1"5 1!hen the SC e8ercises ori0inal ?urisdiction5 is thespecial civil action of certiorari under &ule 3$2 !here the :uestion raised is a D?urisdictional:uestion2D that is2 1a5 lac9 of ?urisdiction2 1b5 e8cess of ?urisdiction2 or 1c5 0rave abuse of discretion amountin0 to lac9 of ?urisdiction.

-he certiorari referred to in $145 1!hen the SC e8ercises appellate ?urisdiction5 iscertiorari as an ordinary mode of appeal2 !here the issue raised is Derror of ?ud0mentD or error of la!.

i. 'dministrative po!ers

1"5 Supervision of lo!er courts

Art" VIII4 *e%" 6" T&e *,pre2e Co,rt s&all &ave ad2inistrative s,pervision over all%o,rts and t&e personnel t&ereo+"

,n +oble?as v -eehan9ee2 the SC held that althou0h the Commissioner of and&e0istration is 0iven the ran9 of ?ud0e of the C>,2 he is still an administrative official2 henceoutside the ?urisdiction of the SC and cannot be investi0ated by it as if he !ere a lo!er court ?ud0e.ther!ise2 the SC !ould be performin0 a non%?udicial !or9.

145 -emporarily assi0n ?ud0es to other stations in the publicinterest

Art" VIII4 *e%" ;" T&e *,pre2e Co,rt s&all &ave t&e 333 po#er toD333

P')* 43=




8D Assign te2poraril! <,dges o+ lo#er %o,rts to ot&er stations as p,li% interest 2a!re,ire" *,%& te2porar! assign2ent s&all not e3%eed si3 2ont&s #it&o,t t&e %onsent o+ t&e <,dge %on%erned"

15 rder a chan0e of venue or place of trial to avoid miscarria0eof ?ustice L'rt. V,,,2 Sec. $ 1;5

1;5 /iscipline of lo!er court ?ud0es

Art" VIII4 *e%" 11" 333 T&e *,pre2e Co,rt en banc s&all &ave t&e po#er to dis%ipline <,dges o+ lo#er %o,rts4 or order t&eir dis2issal4 ! a vote o+ a 2a<orit! o+ t&e 2e2ers #&oa%t,all! too part in t&e delierations on t&e iss,es in t&e %ase and voted t&ereon"

1$5 'ppointment of officials and employees of entire ?udiciary

Art" VIII4 *e%" ;" T&e *,pre2e Co,rt s&all &ave t&e 333 po#er toD3336D Appoint all o++i%ials and e2plo!ees o+ t&e B,di%iar! in a%%ordan%e #it& t&e Civil

*ervi%e La#"

?. &ule ma9in0

Art" VIII4 *e%" ;" T&e *,pre2e Co,rt s&all &ave t&e +ollo#ing po#ers-333;D Pro2,lgate r,les %on%erning t&e prote%tion and en+or%e2ent o+ %onstit,tional

rig&ts4 pleading4 pra%ti%e4 and pro%ed,re in all %o,rts4 t&e ad2ission to t&e pra%ti%e o+ la#4 t&eIntegrated $ar4 and legal assistan%e to t&e ,nderprivileged" *,%& r,les s&all provide asi2pli+ied and ine3pensive pro%ed,re +or t&e speed! disposition o+ %ases4 s&all e ,ni+or2 +orall %o,rts o+ t&e sa2e grade4 and s&all not di2inis&4 in%rease4 or 2odi+! s,stantive rig&ts"

Rig&ts o+ pro%ed,re o+ spe%ial %o,rts and ,asi<,di%ial odies s&all re2ain e++e%tive ,nlessdisapproved ! t&e *,pre2e Co,rt"

Po!er of Con0ress to repeal &ules of Court %

Arti%le >VIII4 *e%" 1=" All %o,rts e3isting at t&e ti2e o+ t&e rati+i%ation o+ t&isConstit,tion s&all %ontin,e to e3er%ise t&eir <,risdi%tion4 ,ntil ot&er#ise provided ! la#" T&eprovisions o+ t&e e3isting R,les o+ Co,rt4 <,di%iar! a%ts4 and pro%ed,ral la#s not in%onsistent#it& t&is Constit,tion s&all re2ain operative ,nless a2ended or repealed ! t&e *,pre2eCo,rt or t&e Congress"

1not in VVEs revised outline5Co%Judicial po!ers

P')* 43#




'side from the ?urisdiction of the Supreme Court mentioned above the follo!in0 are itsother po!ers related to2 thou0h not e8actly constitutin02 its ?udicial function6

". rder a chan0e of venue or place of trial2 in order to avoid a miscarria0e of ?ustice. 'rt.V,,,2 Sec. $1;5

4. &ule ma9in0 % Promul0ate rules concernin0 1a5 the protection and enforcement of constitutional ri0hts2 1b5 pleadin02 practice and procedure in all courts2 1c5 the administration to the practice of la!2 1d5 the ,nte0rated Bar2 and 1e5 le0al assistance to the underprivile0ed.

imitations to this po!er6 Such rules shall 1i5 provide simplified and ine8pensive procedure2 for the speedy disposition of cases2 1ii5 be uniform for all courts of the same 0rade2 and1iii5 not diminish2 increase or modify substantive ri0hts.

&ules of procedure of special courts and :uasi%?udicial bodies shall remain effective unlessdisapproved by the SC. L'rt. V,,,2 Sec. $1$5

,t is on the basis of this po!er2 that the &ules of Court2 the Bar2 ,BP2 e0al 'id ffice!ere adopted.

,n "#$2 as affirmed in the case of ,n re Cunanan2 the Con0ress !as 0iven the po!er toalter2 supplement or modify the &ules of Court. -hus2 if the SC set the passin0 0rade in the bar at<$Q2 Con0ress could lo!er it to <FQ2 provided this has no retroactive effect.

-his is no lon0er true in "#=<. &ule%ma9in0 po!er and the corollary po!er of amendin0the rules are no! lod0ed e8clusively on the SC.

Practice of Professions

Art" >II4 *e%" 1:" 333

T&e pra%ti%e o+ all pro+essions in t&e P&ilippines s&all e li2ited to (ilipino %iti5ens4save in %ases pres%ried ! la#"

Martial a!

Art" VII4 *e%" 1" T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled! an! %iti5en4 t&e s,++i%ien%! o+ t&e +a%t,al asis o+ t&e pro%la2ation o+ Martial La# or t&es,spension o+ t&e privilege o+ t&e #rit or t&e e3tension t&ereo+4 and 2,st pro2,lgate itsde%ision t&ereon #it&in t&irt! da!s +or2 its +iling" par" 8 t&ereo+"D

9. +o :uasi%?udicial and administrative !or9 of ?ud0es

)enerally6 +o non%?udicial !or9 for ?ud0es7 +o :uasi% ?udicial and administrative !or9 for ?ud0es.

's a 0eneral rule2 members of the ?udiciary shall only have ?udicial functions2 in line !iththe separation of po!ers principle of the Constitution. -hus6

P')* 4<F




Art" VIII4 *e%" 17" T&e 2e2ers o+ t&e *,pre2e Co,rt and o+ ot&er %o,rts estalis&ed ! la# s&all not e designated to an! agen%! per+or2ing ,asi<,di%ial orad2inistrative +,n%tion"

-hus2 in Meralco v Pasay -ransportation Co.2 $< Phil 3FF 1"#452 the SC held that

?ustices of the SC could not be constituted into a Board of 'rbitration to determine reasonablecompensation for the use of a brid0e2 for this is a non%?udicial !or9.

Meralco v Pasay -ransportation Co.2 $< Phil 3FF 1"#45

-he issue concerns the le0al ri0ht of the members of the SC2 sittin0 as a board of arbitrators2 the decision of a ma?ority of !hom shall be final2 to act in that capacity.

*/6 -he SC and its members should not and cannot be re:uired to e8ercise any po!er or to perform any trust or to assume any duty not pertainin0 to or connected !@ the administerin0 of ?udicial functions. RAM"

,n )arcia v Macarai02 # SC&' "F3 1"#<"52 the SC said that it did not loo9 !ith favor atthe practice of lon0 standin0 of ?ud0es bein0 detailed !ith the /epartment of Justice to assist theSecretary2 even if it !ere only in connection !ith his !or9 of e8ercisin0 administrative authorityover courts. -he basis of this rule is the separation of po!ers. ,n this case2 resp. Macarai0 !asappointed to one of the ne!ly%created C>, branches !@ station at Calamba a0una. 't the time of his appointment2 resp. !as the chief of -echnical Staff of the /J and concurrently member of theBoard of Pardons and Parole. 888

,n &e 6 &odolfo Manzano "33 SC&' 4;3

>6 * +o. =$3 created the Provincial@City Committees on Justice to insure the speedy disposition of cases of detainees2 particularly those involvin0 the poor and indi0ent ones2 thus alleviatin0 ?ail con0estionand improvin0 local ?ail conditions. 'mon0 the functions of said committee are to receive complaintsa0ainst any apprehendin0 officer2 ?ail !arden2 fiscal or ?ud0e !ho may be found to have committed abusesin the dischar0e of his duties and refer the same to proper authority for proper action2 to recommendrevision of any la! or re0ulation !hich is believed pre?udicial to the proper administration of criminal ?ustice.

Jud0e Manzano2 *8ecutive Jud0e f ,locos +orte !as appointed as member of said Committee.Before acceptin0 the appointment2 it sou0ht the opinion of the SC as to the propriety of such appointment.

*/6 Such committee performs administrative functions. *dministrative functions are thosewhich involve the regulation and control over the conduct and affairs of individuals for their ownwelfare and the promulgation of rules and regulations to better carr" out the polic" of the

legislature or such as are devolved upon the administrative agenc" b" the organic law of itse-istence.Under the Constitution2 the members of the courts shall not be desi0nated to any a0ency

performin0 :uasi%?udicial or administrative functions. Considerin0 that membership of Jud0eManzano in such committee2 !ill violate the Constitution2 the Supreme Court is constrained todeny his re:uest that he be allo!ed to serve therein. e can only render assistance to suchcommittee to help promote the laudable purposes of said committee2 but only !hen such assistancemay be reasonably incidental to the fulfillment of his ?udicial duties. Adapted"

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*8ceptions6 Constitutionally appointed non%?udicial functions of the Supreme Court

a. 'ct as Presidential *lectoral -ribunal

Ghile Con0ress acts as the +ational Board of Canvassers for the Presidential election2 theSupreme Court acts as the *lectoral -ribunal for such election. -he Constitution provides6 D-he

Supreme Court2 sittin0 en banc2 shall be the sole ?ud0e of all contests relatin0 to election2 returns2and :ualifications of the President or Vice%President2 and may promul0ate its rules for the purpose.D 1'rt. 'rt. V,,2 Sec. ;2 last par.5

-his means that before the proclamation by the Con0ress of the !inner2 Con0ress is the ?ud0e of any electoral issue2 but the proclamation2 !hen there is an electoral contest already2 thenthe SC becomes the sole ?ud0e.

-he "#$ Constitution did not provide this po!er. 'nd so &' "<# 0ave the SC the po!er to act as ?ud0e in presidential electoral contests. ,t !as challen0ed in the case of opez v &o8as2"< SC&' <$3 1"#3352 but the SC upheld the la!2 reasonin0 that it did not constitute the SC as aseparate body but only added to its po!ers the po!er to be the ?ud0e of election contests.

Gith the e8press provision in 'rt. V,,2 Sec. ;2 par. <2 this is no lon0er a problem.

b. Chief Justice as presidin0 officer in impeachment trial of the President. L'rt. H,2 Sec.135

c. Chief Justice as Chairman of the Judicial and Bar Council.

l. &eport on the ?udiciary

Art" VIII4 *e%" 16" T&e *,pre2e Co,rt s&all4 #it&in t&irt! da!s +ro2 t&e opening o+ ea%& reg,lar session o+ t&e Congress4 s,2it to t&e President and t&e Congress an ann,al

report on t&e operations and a%tivities o+ t&e B,di%iar!"

m. Manner of sittin0 and votes re:uired

Art" VIII4 *e%" :" 1D T&e *,pre2e Co,rt s&all e %o2posed o+ a C&ie+ B,sti%e and+o,rteen Asso%iate B,sti%es" It 2a! sit en banc or its dis%retion4 in divisions o+ t&ree4 +ive4 orseven Me2ers" An! va%an%! s&all e +illed #it&in ninet! da!s +ro2 t&e o%%,rren%e t&ereo+"

7D All %ases involving t&e %onstit,tionalit! o+ a treat!4 international or e3e%,tiveagree2ent4 or la#4 #&i%& s&all e &eard ! t&e *,pre2e Co,rt4 en banc4 in%l,ding t&oseinvolving t&e %onstit,tionalit!4 appli%ation4 or operation o+ presidential de%rees4pro%la2ations4 orders4 instr,%tions4 ordinan%es4 and ot&er reg,lations4 s&all e de%ided #it&t&e %on%,rren%e o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations ont&e iss,es in t&e %ase and voted t&ereon"

8D Cases or 2atters &eard ! a division s&all e de%ided or resolved #it& t&e%on%,rren%e o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations on t&eiss,es in t&e %ase and voted t&ereon4 and in no %ase4 #it&o,t t&e %on%,rren%e o+ at least t&reeo+ s,%& Me2ers" W&en t&e re,ired n,2er is not otained4 t&e %ase s&all e de%ided enbanc/ Provided4 t&at no do%trine or prin%iple or prin%iple o+ la# laid do#n ! t&e %o,rt in ade%ision rendered en banc or in division 2a! e 2odi+ied or reversed e3%ept ! t&e %o,rtsitting en banc"

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-he Supreme Court may sit en banc or in its discretion2 in divisions of 2 $2 or < members.L'rt. V,,,2 Sec. ;1"5

-he follo!in0 cases shall be heard by the SC en banc6

". Cases involvin0 the constitutionality of a treaty2 international or e8ecutive a0reement or la!. L Id.( Sec. ;145

4. Cases involvin0 the 1a5 constitutionality2 1b5 application2 or 1c5 operation of presidentialdecrees2 proclamations2 orders2 instructions2 ordinances and other re0ulations. L Id.( Sec. ;145

. 'll other cases !hich under the &ules of Court are re:uired to be heard by the SC enbanc. L Id .2 Sec. ;145

;. Cases or matters heard by a division !here the re:uired number of votes to decide or resolve 1the ma?ority of those !ho too9 part in the deliberations on the issues in the case and votedthereon2 and in no case less than members5 is not met. L Id.( Sec. ;15

$. -o modify or reverse a doctrine or principle of la! laid do!n by the court in a decisionrendered en banc or in division. L Id.( Sec. ;15

3. 'dministrative disciplinary cases involvin0 ?ud0es of lo!er courts. 1 Id.( Sec. "".5

<. 'ctions instituted by citizen to test the validity of a proclamation of martial la! or suspension of the privile0e of the !rit. 1'rt. V,,2 Sec. "=.5

=. -he court sittin0 as Presidential *lectoral -ribunal. 1'rt. V,,2 Sec. ;2 par. <.5

&ule $32 Sec. ""

*e%" 11" Procedure if opinion is equall# di$ided " W&ere t&e %o,rt en banc is e,all!divided in opinion4 or t&e ne%essar! 2a<orit! %annot e &ad4 t&e %ase s&all e re&eard4 and i+ on re&earing no de%ision is rea%&ed4 t&e a%tion s&all e dis2issed i+ originall! %o22en%ed int&e %o,rtH in appealed %ases4 t&e <,dge2ent or order appealed +ro2 s&all stand a++ir2edH andon all in%idental 2atters4 t&e petition or 2otion s&all e denied"

&ule "4$2 Sec.

*e%" 8" Decision if opinion is equall# di$ided " W&en t&e %o,rt en banc is e,all!divided in opinion4 or t&e ne%essar! 2a<orit! %annot e &ad4 t&e %ase s&all e re&eard4 and i+ on re&earing no de%ision is rea%&ed4 t&e <,dg2ent o+ %onvi%tion o+ t&e lo#er %o,rt s&all ereversed and t&e a%%,sed a%,itted"

n. &e:uirement as to decisions

'rt. V,,,2 Secs. "%";

/eliberations

P')* 4<




Art" VIII4 *e%" 18" T&e %on%l,sions o+ t&e *,pre2e Co,rt in an! %ase s,2itted to it+or de%ision en banc or in division s&all e rea%&ed in %ons,ltation e+ore t&e %ase is assignedto a 2e2er +or t&e #riting o+ t&e opinion o+ t&e Co,rt" A %erti+i%ation to t&is e++e%t signed !t&e C&ie+ B,sti%e s&all e iss,ed and a %op! t&ereo+ atta%&ed to t&e re%ord o+ t&e %ase andserved ,pon t&e parties" An! Me2er #&o too no part4 or dissented4 or astained +ro2 a

de%ision or resol,tion 2,st state t&e reason t&ere+or" T&e sa2e re,ire2ents s&all eoserved ! all lo#er %ollegiate %o,rts"

-he reason for the re:uirement that the decision must be reached Din consultaD 1i.e.2 after deliberations by the 0roup5 is to emphasize that the SC is one body2 albeit colle0iate2 so that thedecision of the case is by the court itself and not the ponente. -he !riter of the opinion is merelythe spo9esman of the body.

Consin0 V C' "<< SC&' "; 1"#=#5

,SSU*6 G@+ absence of certification by the Court of 'ppeals renders that decision invalid.

*/6 +. -he certification re:uirement imposed by the "#=< constitution !as meant to ensurethe implementation of the constitutional re:uirement that decisions of the Supreme Court and lo!er colle0iate courts2 such as the C'2 Sandi0anbayan and C-'2 are reached after consultation !ith themembers of the court sittin0 en banc or in a division before the case is assi0ned to a member thereof for decision !ritin0.

-he absence !ould not necessarily mean that the case submitted for decision had not beenreached in consultation before bein0 assi0ned to one member for the !ritin0 of the opinion of thecourt since the re0ular performance of official duty is presumed. -he lac9 of certification serves asan evidence of failure to observe the certification re:uirement but it !ould not have the effect of invalidatin0 the decision.

Art" VIII4 *e%" 1:" )o de%ision s&all e rendered ! an! %o,rt #it&o,t e3pressingt&erein %learl! and distin%tl! t&e +a%ts and t&e la# on #&i%& it is ased"

)o petition +or revie# or 2otion +or re%onsideration o+ a de%ision o+ t&e %o,rt s&all ere+,sed d,e %o,rse or denied #it&o,t stating t&e legal asis t&ere+or"

Votin0

Votes re:uired to Drender a decision or resolutionD

'5 *n banc

Concurrence of a ma?ority of the members !ho 1i5 actually too9 part in the deliberations1i.e.2 the consultation5 on the issues in the case2 and 1ii5 voted thereon. L'rt. V,,,2 Sec. ;145 andSec. "".

a. -he lo!est possible votes needed to render a decision is $2 since :uorum of "$ is =2 andma?ority of = is $. -his number may increase as the number of ?ustices present increase7

P')* 4<;




b. ne !ho abstained is deemed to have voted for the purpose of computin0 the ma?orityvote needed. >or an abstention is really a form of castin0 a vote !ith its o!n repercussions on theoutcome of the case.

c. ne !ho !as present but 9ept silent durin0 the deliberations and did not vote is still

included in the countin0 for the purpose of determinin0 the ma?ority. >or it may happen that he hasalready made up his mind on ho! to decide and influence the outcome of the case.

d. But one !ho e8pressly inhibited or is dis:ualified from ta9in0 part 1for instance becauseof conflict of interest5 is not included.

e. -here must be a :uorum before a valid decision can be made. Githout a :uorum2 therecan be no valid business to be0in !ith.

f. ,n case2 the necessary ma?ority cannot be mustered2 then there is no decision rendered.1See effect of failure to reach a ma?ority belo!.5

-his provision thus2 overrules the re:uirement of 1a5 "F votes 14@5 to declare a la!unconstitutional under "#< 1a constitutional re:uirement52 and 1b5 "F votes to impose or affirm thedeath penalty 1by internal rules of the SC2 althou0h constitutionally = votes !ere enou0h5. -he presumption of constitutionality of la!s under the Judiciary 'ct of "#;=2 ho!ever2 remains valid.

B5 ,n divisions

Cases or matters heard by a division shall be decided or resolved 1a5 !ith the concurrenceof a ma?ority of the members !ho actually too9 part in the deliberations on the issues in the caseand voted thereon2 and 1b5 in no case !ithout the concurrence of at least of such members. Ghenthe re:uired number is not obtained2 the case shall be decided en banc. +o doctrine or principle of la! laid by the court in a decision rendered en banc or in division may be modified or reversede8cept by the court sittin0 en banc. L'rt. V,,,2 Sec. ;15

a. ,n a division of < members2 the ma?ority if all are present is ;. ,f only 3 are present2 ;.,f only $ or ;2 . ,f only 2 no :uorum.

b. ,n a division of $ members2 votes are needed re0ardless of !hether $2 ;2 or are present.

c. ,n division of members2 votes are needed.

d. ,n any of these cases2 !hen the votes cannot be mustered2 the case must be raised to thecourt en banc.

*ffect of failure to muster the necessary ma?ority6

,f the necessary ma?ority cannot be had2 the case is a0ain reheard. ,f upon rehearin02 noma?ority is still had2 the follo!in0 are the effects6

a. ,f a case is on appeal2 the ?ud0ment appealed from is deemed affirmed e8cept6

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1i5 Criminal cases !here the ?ud0ment is that of conviction6 the conviction isreversed2 and the accused is ac:uitted.

1ii5 Cases !here the lo!er court declared a la!2 etc. unconstitutional6 the ?ud0mentis reversed2 and the validity of the la! is deemed sustained2 pursuant to the presumption of constitutionality under Sec. # of the Judiciary 'ct of "#;=. 1,f the lo!er court declared the la! as

not unconstitutional2 this ?ud0ment is deemed affirmed pursuant to the 0eneral rule above.5

1-hus2 if "4 are present2 $ voted the la! unconstitutional2 ; voted for its validity2and abstained2 there is no decision and so the la! remains valid.5

b. ,f the case is an ori0inal petition2 then the case is deemed dismissed.

Gritin0 of the decision

+o decision shall be rendered by any court !ithout e8pressin0 therein clearly and distinctlythe facts and the la! on !hich it is based. 1'rt. V,,,2 Sec. ";.5

,n the case of the SC and lo!er colle0iate court2 this rule is addressed to the one to !homthe !ritin0 of the opinion !as assi0ned after consultation2 that is2 the ponente. ,n the case by other courts2 this rule is addressed to the ?ud0e.

/ecisions on the merit.

-he rule re:uirin0 statement of the relevant facts2 the issues2 the rulin02 and the reasonedopinion in support of the rulin02 applies only to decisions on the merit by a court of record2 basedon the follo!in0 rulin0s of the SC6

a. ,n Valladolid v ,ncion02 "4" SC&' 4F$ 1"#=52 it !as held that the rder of the /eputyMinister of abor did not contain a statement of facts and conclusions of la! is not covered by theconstitutional re:uirement because it is not a decision of a court of record2 the Ministry of abor

bein0 an administrative a0ency !ith :uasi%?udicial functions2 !ith rules of procedure mandated to be non%liti0ious2 summary and non%technical.

Section ";2 Chapter 2 Boo9 V,,2 'dministrative Code of "#=<

*e%tion 1:" Decision&'' Ever! de%ision rendered ! t&e agen%! in a %ontested %ases&all e in #riting and s&all state %learl! and distin%tl! t&e +a%ts and t&e la# on #&i%& it isased" 333

'ir Manila vs. Balatbat2 = SC&' ;=# 1"#<"5

'dministrative proceedin0s are not e8empt from the operation of certain basic andfundamental procedure principles2 such as the due process re:uirements in investi0ations and trials.'dministrative due process includes6

1a5 -he ri0ht to notice2 be it actual or constructive2 of the institution of the proceedin0sthat may affect a personEs le0al ri0hts7

1b5 &easonable opportunity to appear and defend his ri0hts2 introduce !itnesses andrelevant evidence in his favor7

P')* 4<3




1c5 ' tribunal so constituted as to 0ive him reasonable assurance of honesty andimpartiality2 and one of competent ?urisdiction7 and

1d5 ' findin0 or decision by that tribunal supported by substantial evidence presented atthe hearin02 or at least contained in the records or disclosed to the parties affected.

b. ,n Bacolod Murcia Millin0 Co. v enares2 "F< Phil. $3F 1"#3F52 the SC ruled thatorders of a court on an incidental matter 1in this case2 the order imposin0 the payment of attorneyEsfees5 need not state the le0al basis of the rulin0.

Minute &esolution

Cruz6 ,n ?ustifyin0 the so%called minute resolution2 the SC said in Borromeo v. C'2 "=3 SC&' "6D-he SC disposes of the bul9 of its cases by minute resolutions and decrees them as final and

e8ecutory2 as !here a case is patently !@o merit2 !here the issues raised are factual in nature2 !here thedecision appealed from is supported by substantial evidence and is in accord !@ the facts of the case andthe applicable la!s2 !here it is clear from the records that the petitions !ere filed merely to forsetall theearly e8ecution of ?ud0ment and for non%compliance !@ the rules. -he resolution denyin0 due course or

dismissin0 a petition al!ays 0ives the le0al basis.

8 8 8 8

-he Court is not duty bound to render si0ned decisions all the time. ,t has ample discretion toformulate decisions and@ or minute resolutions2 provided a le0al basis is 0iven2 dependin0 on itsevaluation of a case.D

'nd neither does the rule apply to administrative cases decided by the SC itself2 as it heldin Prudential Ban9 v. Castro2 "$= SC&' 3;32 thus6

D+o constitutional provision is disre0arded in the SCEs Minute &esolution denyin0 amotion for reconsideration Efor lac9 of merit2 the issues raised therein havin0 been previously duly

considered and passed upon. ,n an administrative case2 the constitutional mandate that Eno motion for reconsideration of a decision of the court shall be denied !ithout statin0 the le0al basis therefor is inapplicable. 'nd even if it !ere2 said resolution stated the le0al basis for thedenial2 and2 therefore2 adhered faithfully to the constitutional re:uirement. Eac9 of merit2E as a0round for denial is le0al basis.

Petitions for revie! and motions for reconsideration

+o petition for revie! or motion for reconsideration of a decision of the court shall berefused due course or denied2 !ithout statin0 the le0al basis therefor. 1'rt. V,,,2 Sec. ";2 par. 4.5

-his rule applies to a dismissal of a motion for reconsideration of a Ddecision on the

meritsD2 said the SC in Mendoza v C>,2 $" SC&' 3# 1"#<5. ,t does not apply2 as in this case2 toa dismissal of a motion for reconsideration of a previous dismissal of a petition for habeas corpus.1-he dismissal of the petition for habeas corpus is not a decision on the merits2 but is similar to adismissal of a petition for revie!2 !hich is a decision not to 0ive due course to the petition.5

-he past practice used to be that !hen the appellate court denied a petition for revie!2 or denied a M>&2 it simply did so in a Minute &esolution2 statin0 that the case !as dismissed for lac9 of basis. -his a00rieved many a la!yer2 specially those !ho !ould spend days preparin0 pa0es of

P')* 4<<




briefs2 only to find out that all their effort !as ans!ered by a one%liner D/ismissed for lac9 of basisD.

-his prompted the framers of the "#=< Constitution to force the Court to at least !ritedo!n the le0al basis for the denial. -his means that !hile a fully detailed decision is not re:uired2neither is a s9impy one%liner is allo!ed. -he le0al reason for the dismissal must be !ritten.

/issenters and 'bstainers

,n the case of a decision on the merits2 if a member 1a5 too9 no part2 or 1b5 dissented2 or 1c5abstained from a decision or resolution2 he must state his reason therefor. 1'rt. V,,,2 Sec. ".5

Before2 only those !ho dissented !ere re:uired to !rite an opinion. +o!2 even those !hotoo9 no part in the deliberations but !ere present2 and those !ho abstained are re:uired to !ritetheir reasons for these are really forms of castin0 their vote. -hose !ho inhibited themselves are2of course2 not re:uired to vote2 since they did not really participate.

Procedurally2 the purpose is to enable the party to find out the reason for the action ta9en.>or courts lo!er than the SC2 and even the SC itself2 this is important for appeal or motion for reconsideration purposes2 as the basis for the assi0nment of error.

-heoretically2 since the SC is not an elective branch it must e8plain the reason bein0 itsultimate source of authority. Con0ress need not e8plain its action since it has been dele0ated thele0islative po!er by the people.

o. Mandatory period for decidin0 cases

Art" VIII4 *e%" 1;" 1D All %ases or 2atters +iled a+ter t&e e++e%tivit! o+ t&isConstit,tion 2,st e de%ided or resolved #it&in t#ent!+o,r 2ont&s +ro2 t&e date o+ s,2ission +or t&e *,pre2e Co,rt4 and4 ,nless red,%ed ! t&e *,pre2e Co,rt4 t#elve 2ont&s+or all lo#er %ollegiate %o,rts4 and t&ree 2ont&s +or all ot&er lo#er %o,rts"

7D A %ase or 2atter s&all e dee2ed s,2itted +or de%ision or resol,tion ,pon t&e+iling o+ t&e last pleading4 rie+ or 2e2orand,2 re,ired ! t&e R,les o+ Co,rt or ! t&e%o,rt itsel+"

8D Upon t&e e3piration o+ t&e %orresponding period4 a %erti+i%ation to t&is e++e%tsigned ! t&e C&ie+ B,sti%e or t&e presiding <,dge s&all +ort&#it& e iss,ed and a %op! t&ereo+ atta%&ed to t&e re%ord o+ t&e %ase or 2atter4 and served ,pon t&e parties" T&e %erti+i%ations&all state #&! a de%ision or resol,tion &as not een rendered or iss,ed #it&in said period"

:D 'espite t&e e3piration o+ t&e appli%ale 2andator! period4 t&e %o,rt4 #it&o,tpre<,di%e to s,%& responsiilit! as 2a! &ave een in%,rred in %onse,en%e t&ereo+4 s&allde%ide or resolve t&e %ase or 2atter s,2itted t&ereto +or deter2ination4 #it&o,t +,rt&erdela!"

Art" VII4 *e%" 1" 333333T&e *,pre2e Co,rt 2a! revie#4 in an appropriate pro%eeding +iled ! an! %iti5en4

t&e s,++i%ien%! o+ t&e +a%t,al asis o+ t&e pro%la2ation o+ 2artial la# or t&e s,spension o+ t&eprivilege o+ t&e #rit or t&e e3tension t&ereo+4 and 2,st pro2,lgate its de%ision t&ereon #it&int&irt! da!s +ro2 its +iling"

333 par" 8 t&ereo+"D

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'rt. HV,,,2 Secs. "4%";

Art" >VIII4 *e%" 17" T&e *,pre2e Co,rt s&all4 #it&in one !ear a+ter t&e rati+i%ationo+ t&is Constit,tion4 adopt a s!ste2ati% plan to e3pedite t&e de%ision or resol,tion o+ %ases or2atters pending in t&e *,pre2e Co,rt or t&e lo#er %o,rts prior to t&e e++e%tivit! o+ t&is

Constit,tion" A si2ilar plan s&all e adopted +or all spe%ial %o,rts and ,asi<,di%ial odies"

Id"4 *e%" 18" T&e legal e++e%t o+ t&e lapse4 e+ore t&e rati+i%ation o+ t&is Constit,tion4 o+ t&e appli%ale period +or t&e de%ision or resol,tion o+ t&e %ases or 2atters s,2itted +orad<,di%ation ! t&e %o,rts4 s&all e deter2ined ! t&e *,pre2e Co,rt as soon as pra%ti%ale"

Id"4 *e%" 1:" T&e provisions o+ paragrap&s 8D and :D4 *e%tion 1; o+ Arti%le VIII o+ t&is Constit,tion s&all appl! to %ases or 2atters +iled e+ore t&e rati+i%ation o+ t&isConstit,tion4 #&en t&e appli%ale period lapses a+ter s,%& rati+i%ation"

'5 Cases filed after >ebruary 42 "#=<

'll cases or matters filed after the effectivity of this Constitution must be decided !ithint!enty%four months counted from the date of submission.D L'rt. V,,,2 Sec. "$1"5

' case or matter is deemed submitted for decision or resolution upon the filin0 of the last pleadin02 brief or memorandum re:uired by the &ules of Court or by the court itself. L'rt. V,,,2Sec. "$145

Mandatory period in the Supreme Court6 4; months L'rt. V,,,2 Sec. "$1"5

*8cept6 ' proper case :uestionin0 the sufficiency of the factual basis of the proclamationof martial la! or suspension of the privile0e !hich must be decided F days from filin0. 1'rt. V,,2Sec. "=2 par. ".5

But !hat happens if the ?ud0e or court fails to meet the deadline any!ayK -he Constitution provides6

Upon the e8piration of the correspondin0 period2 a certification to this effect si0ned by theChief Justice or the presidin0 Jud0e shall forth!ith be issued2 and a copy thereof attached to therecord of the case or matter2 and served upon the parties. -he certification shall state !hy adecision or resolution has been rendered or issued !ithin said period. L'rt. V,,,2 Sec. "$ 15

/espite the e8piration of the applicable mandatory period2 the court2 !ithout pre?udice tosuch responsibility 1administrative disciplinary action a0ainst the ?ud0e or ?ustices5 shall decide or resolve the case or matter submitted thereto for determination !ithout further delay. L'rt. V,,,2Sec. "$1;5

,n other !ords2 failure to decide the case Lfor reasons other than the inability to reach thenecessary ma?ority has no conse:uence on the case. -hus2 a certification is re:uired that the periodhas lapsed !ithout any decision bein0 made2 statin0 the reason for such inaction. -hen the courtmust decide !ithout any further delay. -he conse:uences are on the ?ud0e6 1a5 he could not dra!out his salary2 since he !ould not be able to certify that he has resolved all cases submitted to himin #F days and 1b5 he is sub?ect to administrative sanctions.

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B5 Cases filed before >ebruary 42 "#=< but e8pire after this date

-he provisions of 'rt. V,,,2 Sec2 "$15 % 1;5 shall apply to cases or matters filed before theratification of this Constitution2 !hen the applicable period lapses after such ratification. 1'rt.HV,,,2 Sec. ";5

,n other !ords2 it is as if these cases !ere filed after >ebruary 42 "#=<.

C5 Cases that e8pired before >ebruary 42 "#=<-he le0al effect of the lapse2 before the ratification of this Constitution2 of the applicable

period for the decision or resolution of the cases or matters submitted for ad?udication by thecourts2 shall be determined by the SC as soon as practicable. 1'rt. HV,,,2 Sec. ".5

-he Supreme Court shall2 !ithin " year from >ebruary 42 "#=< adopt a systematic plan toe8pedite the decision or resolution of cases or matters pendin0 in the SC or lo!er courts prior tothe effectivity of this Constitution. ' similar plan shall be adopted for all special courts and :uasi% ?udicial bodies. 1'rt. HV,,,2 Sec. "4.5

4. o!er courts

a. ualifications and appointment

'rt. V,,,2 Sec. < 1"5 % 145

Art" VIII4 *e%" ?" 1D )o person s&all e appointed Me2er o+ t&e *,pre2e Co,rt oran! lo#er %ollegiate %o,rt ,nless &e is a nat,ralorn %iti5en o+ t&e P&ilippines" A 2e2er o+ t&e *,pre2e Co,rt 2,st e at least +ort! !ears o+ age4 and 2,st &ave een +or +i+teen !ears or2ore a <,dge o+ a lo#er %o,rt or engaged in t&e pra%ti%e o+ la# in t&e P&ilippines"

7D t&e Congress s&all pres%rie t&e ,ali+i%ations o+ <,dges o+ lo#er %o,rts4 ,t noperson 2a! e appointed <,dge t&ereo+ ,nless &e is a %iti5en o+ t&e P&ilippines and a 2e2er

o+ t&e P&ilippine $ar"

!d&% *e%" " ;D T&e B,di%ial and $arD Co,n%il s&all &ave t&e prin%ipal +,n%tion o+ re%o22ending appointees to t&e B,di%iar!" It 2a! e3er%ise s,%& ot&er +,n%tions and d,ties ast&e *,pre2e Co,rt 2a! assign to it"

!d "4 *e%" 9" T&e Me2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rts s&all eappointed ! t&e President +ro2 a list o+ at list t&ree no2inees prepared ! t&e B,di%ial and$ar Co,n%il +or ever! va%an%!" *,%& appoint2ents need no %on+ir2ation"

(or t&e lo#er %o,rts4 t&e President s&all iss,e t&e appoint2ent #it&in ninet! da!s+ro2 t&e s,2ission o+ t&e list"

Composition

-he composition of lo!er courts shall be provided by la!. -he la!s are the Judiciary 'ctof "#;= and BP "4#.

ualifications

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o!er Colle0iate Court 1Court of 'ppeals5

1"5 +o person shall be appointed member of any lo!er colle0iate court unless he is a natural%borncitizen. L'rt. V,,,2 Sec. <1"5 and a member of Philippine Bar.

145 -he Con0ress shall prescribe :ualifications of ?ud0es of lo!er courts. L'rt. V,,,2 Sec. <145

15 ' member of the ?udiciary must be a person of proven competence2 inte0rity2 probity2 andindependence. L'rt. V,,,2 Sec. <15

o!er Courts

1"5 -he Con0ress shall prescribe :ualifications of ?ud0es of lo!er courts2 but no person may beappointed ?ud0e thereof unless he is a citizen of the Philippines and a member of the Philippine bar.L'rt. V,,,2 Sec. <145

145 e must be a person of proven competence2 inte0rity2 probity and independence. L'rt. V,,,2Sec. <15

b. Salary

Art" VIII4 *e%" 1=" T&e salar! o+ t&e C&ie+ B,sti%e and o+ t&e Asso%iate B,sti%es o+ t&e*,pre2e %o,rt and o+ <,dges o+ lo#er %o,rts s&all e +i3ed ! la#" ',ring t&eir %ontin,an%e ino++i%e4 t&eir salar! s&all not e de%reased""

c. Con0ressional po!er to reor0anize and security of tenure

Art" VIII4 *e%" 11" T&e 2e2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rtss&all &old o++i%e d,ring good e&avior ,ntil t&e! rea%& t&e age o+ sevent! !ears4 or e%o2e

in%apa%itated to dis%&arge t&e d,ties o+ t&eir o++i%e" T&e *,pre2e Co,rt en banc s&all &ave t&epo#er to dis%ipline <,dges o+ lo#er %o,rts4 or order t&eir dis2issal ! a vote o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations on t&e iss,es in t&e %ase and votedt&ereon"

!d&% *e%" 7" 333)o la# s&all e passed reorgani5ing t&e B,di%iar! #&en it ,nder2ines t&e se%,rit! o+

ten,re o+ its Me2ers"

-he po!er of Con0ress to reor0anize lo!er courts has been upheld by the SC prior to"#=<.

,n campo v Secretary of Justice2 $" ) ";< 1"#$$52 the SC by failin0 to muster the 4@ vote re:uired then to declare a la! unconstitutional in effect sustained the validity of thela! passed by Con0ress abolishin0 the offices of D?ud0es%at%lar0eD and Dcadastral ?ud0esD and theconse:uent removal of ?ud0es occupyin0 these posts. +otin0 that the purpose of the la! !as to promote the independence of the ?udiciary 1by avoidin0 forum%shoppin052 it held that an abolitionof an office made in 0ood faith does not violate security of tenure. Security of tenure presupposes

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the continued e8istence of the office from !hich one !as removed not removal from an office thathas been abolished in 0ood faith and not merely partisan political reasons.

,n /e a lana v 'lba2 ""4 SC&' 4#; 1"#=452 the SC a0ain upheld the&eor0anization 'ct of "#=F 1BP "4#52 on the 0round that the abolition of an office2 is !ithin thecompetence of the le0islature if done in 0ood faith. -hat there !as 0ood faith !as sho!n by the

fact that the 'ct !as the product of careful study and deliberation by the Batasan and thePresidential study committee2 the membership of !hich includes SC ?ustices2 and !as the means toup0rade the administration of ?ustice in the Philippines. -he SC reiterated that there can be noclaim for security of tenure !here the office no lon0er e8ists2 and that the abolition of office is notremoval2 althou0h their effects may be the same.

,t is doubtful !hether these rulin0s remain valid in toto in vie! of the ne! e8press provision prohibitin0 a reor0anization la! that undermines the security of tenure of the Judiciary.

ne compromise vie! is that Con0ress has the po!er to pass a reor0anization la!concernin0 the lo!er courts2 but it can only ta9e effect until the post has been vacated by theincumbent ?ud0e.

d. &emoval

Art" VIII4 *e%" 11" T&e 2e2ers o+ t&e *,pre2e Co,rt and <,dges o+ lo#er %o,rtss&all &old o++i%e d,ring good e&avior ,ntil t&e! rea%& t&e age o+ sevent! !ears4 or e%o2ein%apa%itated to dis%&arge t&e d,ties o+ t&eir o++i%e" T&e *,pre2e Co,rt en banc s&all &ave t&epo#er to dis%ipline <,dges o+ lo#er %o,rts4 or order t&eir dis2issal ! a vote o+ a 2a<orit! o+ t&e Me2ers #&o a%t,all! too part in t&e delierations on t&e iss,es in t&e %ase and votedt&ereon"

Cruz6 DJud0es of lo!er court2D as here used2 includes ?ustices of the Sandi0anbayan. -his rulecasts much doubt on the le0ality of the presidential decree ma9in0 them removable only by thele0islature throu0h the process of impeachment.

e. Jurisdiction

Art" VIII4 *e%" 1" B,di%ial po#er s&all e vested in one *,pre2e Co,rt and in s,%&lo#er %o,rts as 2a! e estalis&ed ! la#"

B,di%ial po#er in%l,des t&e d,t! o+ t&e %o,rts o+ <,sti%e to settle a%t,al %ontroversiesinvolving rig&ts #&i%& are legall! de2andale and en+or%eale4 and to deter2ine #&et&er ornot t&ere &as een a grave a,se o+ dis%retion a2o,nting to la% or e3%ess o+ <,risdi%tion ont&e part o+ an! ran%& or instr,2entalit! o+ t&e 0overn2ent"

's ruled in J.M. -uason A Co. v C' and in Ynot v ,'C2 supra2 there is in effect a Dconstitutional conferment of ori0inal ?urisdiction on the lo!er courts in those five cases for !hichthe Supreme Court is 0ranted appellate ?urisdiction in $145.D

Under the provision 0rantin0 the SC ?urisdiction Dto revie!2 revise2 reverse2 modify or affirm on appeal or certiorari as the la! or &ules of Court may provide2 ?ud0ments of lo!er courts2D lo!er courts can pass upon the validity of a statute in the first instance.

f. &e:uirements as to preparation of decisions

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Art" VIII4 *e%" 1:" )o de%ision s&all e rendered ! an! %o,rt #it&o,t e3pressingt&erein %learl! and distin%tl! t&e +a%ts and t&e la# on #&i%& it is ased"

)o petition +or revie# or 2otion +or re%onsideration o+ a de%ision o+ t&e %o,rt s&all ere+,sed d,e %o,rse or denied #it&o,t stating t&e legal asis t&ere+or"

Manner of sittin0

-he Court of 'ppeals sits in divisions !hen it hears cases7 the only time it convenes as one body is to ta9e up matters of administration.

-he trial and inferior courts2 of course2 do not have this problem since there is only one ?ud0e.

/eliberations

-he same re:uirements 1for consulta5 shall be observed by all lo!er colle0iate courts.1'rt. V,,,2 Sec. "5

>or obvious reasons2 this re:uirement does not apply to the trial and inferior courts.

Votin0

>or colle0iate courts2 li9e the Court of 'ppeals2 the la! provides that it sits only indivisions !hen decidin0 cases.

>or trial and inferior courts2 no problem arises since only one ?ud0e is involved.

*ffect of failure to muster the necessary ma?ority

Court of 'ppeals.%% -he same rules apply2 e8cept that the decision can no! be appealed tothe SC.

,nferior Courts.%% >ailure to decide has no conse:uence on the decision of the court. -heCourt is not ousted of its ?urisdiction2 but the ?ud0e suffers administrative conse:uences.

0. Mandatory period for decidin0

Art" VIII4 *e%" 1;" 1D All %ases or 2atters +iled a+ter t&e e++e%tivit! o+ t&isConstit,tion 2,st e de%ided or resolved #it&in t#ent!+o,r 2ont&s +ro2 t&e date o+ s,2ission +or t&e *,pre2e Co,rt4 and4 ,nless red,%ed ! t&e *,pre2e Co,rt4 t#elve 2ont&s+or all lo#er %ollegiate %o,rts4 and t&ree 2ont&s +or all ot&er lo#er %o,rts"

7D A %ase or 2atter s&all e dee2ed s,2itted +or de%ision or resol,tion ,pon t&e+iling o+ t&e last pleading4 rie+ or 2e2orand,2 re,ired ! t&e R,les o+ Co,rt or ! t&e%o,rt itsel+"

8D Upon t&e e3piration o+ t&e %orresponding period4 a %erti+i%ation to t&is e++e%tsigned ! t&e C&ie+ B,sti%e or t&e presiding <,dge s&all +ort&#it& e iss,ed and a %op! t&ereo+

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atta%&ed to t&e re%ord o+ t&e %ase or 2atter4 and served ,pon t&e parties" T&e %erti+i%ations&all state #&! a de%ision or resol,tion &as not een rendered or iss,ed #it&in said period"

:D 'espite t&e e3piration o+ t&e appli%ale 2andator! period4 t&e %o,rt4 #it&o,tpre<,di%e to s,%& responsiilit! as 2a! &ave een in%,rred in %onse,en%e t&ereo+4 s&allde%ide or resolve t&e %ase or 2atter s,2itted t&ereto +or deter2ination4 #it&o,t +,rt&erdela!"

'rt. HV,,,2 Secs. "4%";

Art" >VIII4 *e%" 17" T&e *,pre2e Co,rt s&all4 #it&in one !ear a+ter t&e rati+i%ationo+ t&is Constit,tion4 adopt a s!ste2ati% plan to e3pedite t&e de%ision or resol,tion o+ %ases or2atters pending in t&e *,pre2e Co,rt or t&e lo#er %o,rts prior to t&e e++e%tivit! o+ t&isConstit,tion" A si2ilar plan s&all e adopted +or all spe%ial %o,rts and ,asi<,di%ial odies"

Id"4 *e%" 18" T&e legal e++e%t o+ t&e lapse4 e+ore t&e rati+i%ation o+ t&is Constit,tion4 o+ t&e appli%ale period +or t&e de%ision or resol,tion o+ t&e %ases or 2atters s,2itted +orad<,di%ation ! t&e %o,rts4 s&all e deter2ined ! t&e *,pre2e Co,rt as soon as pra%ti%ale"

Id"4 *e%" 1:" T&e provisions o+ paragrap&s 8D and :D4 *e%tion 1; o+ Arti%le VIII o+ t&is Constit,tion s&all appl! to %ases or 2atters +iled e+ore t&e rati+i%ation o+ t&isConstit,tion4 #&en t&e appli%ale period lapses a+ter s,%& rati+i%ation"

Mandatory Period

o!er colle0iate courts6 "4 months2 unless reduced by the SCther lo!er courts6 months2 unless reduced by the SC

=verruled 6

-he Constitution no! e8plicitly provides in Sec. "$ 1"5 that the periods are mandatory2aside from usin0 the !ord DmustD 1not DshallD as in "#<5 in Sec. "$ 1"5. -he case of Marcelino vCruz2 "4" SC&' $" 1"#=52 !hich held that the periods in the "#< Constitution !ere onlydirectory2 is thus no!2 overruled.

Cruz6 ,t should be noted that2 althou0h decision !ithin the ma8imum period is no! mandatory2failure to arrive at the same !ill not divest the court of ?urisdiction2 !ithout pre?udice to anyresponsibility that may attach to the ?ud0e. -he court must still resolve the case !@o further delay2unli9e the old rule !hen the decision appealed !as deemed automatically affirmed and the petition!as deemed automatically dismissed as a result of the inaction of the court.

888

Marcelino vs. Cruz2 "4" SC&' $"

>6 Jud0ement in a criminal case !as rendered before the cler9 of court !ithin =$ days after the case!as concluded. But ?ud0ement !as promul0ated after lapse of #F days from the day the case !assubmitted for decision.

,SSU*6 G@+ trial court lost ?urisdiction over the case for failure to decide the same !ithin #F daysfrom submission thereof.

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G@+ constitutional provision is mandatory.

*/6 +o to both. -he constitutional provision refers to rendition of ?ud0ement !hich refers tothe filin0 of the si0ned decision !ith the cler9 of court.

By the phrase Dunless reduced by the Supreme Court2D it is evident that the period prescribed is sub?ect to modification by the SC under its prero0ative po!er to promul0ate rules

concernin0 procedure in all courts. Constitutional provisions are directory2 !here they refer tomatters merely procedural. But failure to decide a case !ithin #F days constitute a 0round for administrative sanction a0ainst the defaultin0 ?ud0e. Adapted"

/e &oma vs C' "$4 SC&' 4F$

-he C' decided the case beyond the "4 month period prescribed by the "#< Constitution.Said provision in the Constitution !as merely directory and failure to decide on time !ould notdeprive the correspondin0 courts of ?urisdiction or render their decisions invalid.

. -he Judicial and Bar Council

Art" VIII4 *e%" " A B,di%ial and $ar Co,n%il is &ere! %reated ,nder t&e s,pervisiono+ t&e *,pre2e Co,rt %o2posed o+ t&e C&ie+ B,sti%e as ex officio C&air2an4 t&e *e%retar! o+ B,sti%e4 and a representative o+ t&e Congress as ex officio Me2ers4 a representative o+ t&eIntegrated $ar4 a pro+essor o+ la#4 a retired Me2er o+ t&e *,pre2e Co,rt4 and arepresentative o+ t&e private se%tor"

7D T&e reg,lar 2e2ers o+ t&e Co,n%il s&all e appointed ! t&e President +or ater2 o+ +o,r !ears #it& t&e %onsent o+ t&e Co22ission on Appoint2ents" O+ t&e Me2ers+irst appointed4 t&e representative o+ t&e Integrated $ar s&all serve +or +o,r !ears4 t&epro+essor o+ la# +or t&ree !ears4 t&e retired B,sti%e +or t#o !ears4 and t&e representative o+ t&e

private se%tor +or one !ear"8D T&e Cler o+ t&e *,pre2e Co,rt s&all e t&e *e%retar! ex officio o+ t&e Co,n%il

and s&all eep a re%ord o+ its pro%eedings":D T&e reg,lar Me2ers o+ t&e Co,n%il s&all re%eive s,%& e2ol,2ents as 2a! e

deter2ined ! t&e *,pre2e Co,rt" T&e *,pre2e Co,rt s&all provide in its ann,al ,dget t&eappropriations +or t&e Co,n%il"

;D T&e Co,n%il s&all &ave t&e prin%ipal +,n%tion o+ re%o22ending appointees to t&eB,di%iar!" It 2a! e3er%ise s,%& ot&er +,n%tion and d,ties as t&e *,pre2e Co,rt 2a! assign toit"

*8%officio members L'rt. V,,,2 Sec. =1"5

1"5 Chief Justice as e8%officio Chairman145 Secretary of Justice15 &epresentative of Con0ress

&e0ular members L'rt. V,,,2 Sec. =1"5

1;5 &epresentative of the ,nte0rated Bar 1$5 Professor of a!

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135 &etired member of the SC1<5 &epresentative of private sector

Secretary e-@officio L'rt. V,,,2 Sec. =15

Cler9 of the SC2 !ho shall 9eep a record of its proceedin0s

'ppointment2 -enure2 Salary

*8%officio members

>or obvious reasons this does not apply since the position in the Council is 0ood only !hilethe person is the occupant of the office.

&e0ular members L'rt. V,,,2 Sec. =145

-he re0ular members shall be appointed by the President !ith the consent of theCommission on 'ppointments.

-he term of the re0ular members is ; years.

But the term of those initially appointed shall be sta00ered in the follo!in0 !ay so as tocreate continuity in the council6

,BP representative % ; yearsa! professor % years&etired ?ustice % 4 yearsPrivate sector % " year

&e0ular members shall receive such emoluments as may be determined by the SC. -he SCshall provide in its annual bud0et the appropriations for the Council. L'rt. V,,,2 Sec. =1;5

>unctions

". &ecommend appointees to the Judiciary L'rt. V,,,2 Sec. =1$54. &ecommend appointees to the ffice of the mbudsman and his $ deputies. 1'rt. H,2

Sec. #5. Such other functions and duties as the SC may assi0n L'rt. V,,,2 Sec. =1$5

;. 'utomatic release of appropriation for the ?udiciary

Art" VIII4 *e%" 8" T&e B,di%iar! s&all en<o! +is%al a,tono2!" Appropriations +or t&eB,di%iar! 2a! not e red,%ed ! t&e legislat,re elo# t&e a2o,nt appropriated +or t&eprevio,s !ear and4 a+ter approval4 s&all e a,to2ati%all! and reg,larl! released"

UP/'-*/ "@4<@#3&*V,S*/ ;@"@#3

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Political Law 1