CONSTITUTIONAL LAW 1 – REVIEWER

Applicable for amendments and


MQ – Midterms Question revisions
TN – Take Note or Remember  Congress acting upon a vote of ¾ of
all its members (separately)
Disclaimer: 2. Constitutional Convention
This is just a summary of all the lessons  Called for such purpose by a 2/3
that were deeply reiterated during our vote of all the Members of the
discussions. Congress or;
Use at your own risk hehe goodluck!  By a majority vote of all its
members, Congress may submit to
the electorate the questions calling
POLITICAL LAW 3. People’s Initiative (MQ)
 Applicable on Amendments only
Constitution
 Amendments may be proposed by
 A constitution is a system of fundamental the people upon a petition of atleast
laws for the governance and 12% of the total number of
administration of a nation. It is supreme, registered voters with each
imperious, absolute and unalterable legislative district represented by
except by the authority from which it 3% of its registered voters.
emanates. It has been defined as  ESSENTIAL ELEMENTS:
the fundamental and paramount law of the i. People must author and
nation. It prescribes the permanent personally sign the entire
framework of a system of government, proposal
assigns to the different departments their ii. Proposal must be embodied
respective powers and duties, and in the petition (Lambino v.
establishes certain fixed principles on COMELEC)
which government is founded. The
STATE IMMUNITY
fundamental conception in other words is
that it is a supreme law to which all other General Rule
laws must conform and in accordance with
which all private rights must be  The State may not be sued without its
determined and all public authority consent.
administered. (Manila Prince Hotel v. Rationale
GSIS)
 There can be no legal right against the
Amendment authority which makes the law from which
 Refers to a broad change that adds, the right depends. (Republic v. Villasor)
reduces, or deletes without altering the
basic principles in the Constitution. A Suit is a Suit Against the State when:
Revision  Republic is sued by its name
 Implies a change that alters atleast one  Suit is against an unincorporated agency
basic principle in the Constitution.  The ultimate liability of the case will fall on
the government
Proposals for Amendment and Revisions in
the Constitution may be made by: Forms of State’s Consent: (TN)

1. Congress as a Constituent Assembly 1. Express Consent

 CONSTITUTIONAL LAW 1 – REVIEWER

 General Law – Act 3083, P.D. No.  EMPLOYS PROPRIETARY FUNCTIONS –

1445 Suable
 Special Law – Merritt v. Gov’t of the
Suit Against an UNINCORPORATED AGENCY:
PH Islands
 RULES: (MQ)
2. Implied Consent i. Not Suable – if it primarily
 When the State commences performs governmental functions
litigation – the State becomes and the proprietary functions are
vulnerable to counter-claim. only incidental (Bureau of Printing
i. EXCEPTION – the State v. Bureau of Printing Employees
intervenes not for the Assoc.)
purpose of asking for ii. Suable – if it primarily performs
affirmative relief but to proprietary functions EXCEPT
resist claims against it. (Lim when such proprietary functions
v. Brownell) (MQ) are indispensable to its
governmental function (Mobil PHL
 When the State enters into a Exploration Inc. v. Customs
business contract in its Arrastre Service)
proprietary capacity:
i. Jure Gestionis – business RULES REGARDING GARNISHMENT OR LEVY
relations (US v. Guinto) OF GOVERNMENTAL FUNDS
ii. Jure Imperii – General Rule:
governmental functions (US
v. Ruiz)  Government funds cannot be subject to
garnishment.
 When it would be inequitable for Exception:
the State to claim immunity
(Amigable v. Cuenca)  Where a law or ordinance has already
been enacted appropriating such amount
NOTE: to pay a valid governmental function
 State Immunity can be raised at any stage  Funds belonging to government
of the proceedings corporations which can sue and be sued
 Par in Parem Non Habet Imperium – “an (Mun. of San Miguel, Bulacan v. Fernandez)
equal has no power over an equal”
 Head of State enjoys immunity from suit.
GENERAL PRINCIPLES AND STATE POLICIES
Suit Against an INCORPORATED AGENCY:
Section One – Democratic and Republican
 Must look into the charter on whether it State
can or cannot be sued.
 Such provision is not mandatory to be Manifestations of Republicanism: (TN)
included in the charter.
1. We are a government of laws and not of
 In case that the charter is silent as to
men.
whether or not it can be sued, inquire into
2. Rule of Majority
the functions of the agency.
3. Accountability of Public Officers
 EMPLOYS GOVERNMENTAL FUNCTIONS
4. Bill of Rights
– Not suable
5. Congress cannot pass irrepealable laws
6. Separation of Powers
 CONSTITUTIONAL LAW 1 – REVIEWER

Section Two – Renunciation of War and civil service. They cannot refuse to do so.
Doctrine of Incorporation (TN) (People v. Lagman)
Doctrine of Incorporation Section Six – Separation of Church and State
 The Philippines adopts the generally Separation of Church and State
accepted principles of international law as
 Under such principle, there are matters
part of the law of the land and adheres to
and issues which are beyond the
the policy of peace, equality, justice,
competence and jurisdiction of the courts
freedom, cooperation and amity with all
of justice, such as religious doctrines and
nations. (Kuroda v. Jalandoni)
disciplinary matters. (Taruc v. Dela Cruz)
Doctrine of Transformation  It is not the task of the State to favor any
religion by protecting it against an attack
 Generally accepted principles of
made by another religion. (Iglesia ni Cristo
international law are localized through v. CA)
legislation (Agustin v. Edu)
Exceptions Given by the State in favor of
Rules in Case of Conflict (MQ)
Religion
 In case of conflict between a municipal law
 Churches’ exception from taxes
and an international law, where all efforts  Prohibition against appropriation for
to reconcile both have been proven to be
sectarian purposes does not apply to
ineffective, municipal law must prevail priests assigned to the Armed Forces or to
over the international law because such any penal institution or government
represented and exercise of police power,
orphanage.
which being inherent, could not be  Optional religious instruction for public
bargained away through the medium of elementary and high school students
any treaty. (Ichong v. Hernandez)
 Filipino ownership requirement for
Section Three – Civilian Supremacy educational institutions does not apply to
religious groups.
Civilian Supremacy
Benevolent Neutrality (TN)
 Must be and at all times, supreme over the
military.  A principle that recognizes that religion
 The deployment of the military in the plays an important role in the public. It
metropolis to conduct join visibility believes that with respect to governmental
patrols does not constitute breach of actions, accommodation of religion may be
civilian supremacy. (IBP v. Zamora) allowed under certain circumstances, not
to promote the governments favored form
Section Four – Compulsory Military and Civil of religion, but to allow individuals and
Service groups to exercise their religion without
Compulsory and Military Civil Service hindrance. The application of such
principle is determined through the
 The prime duty of the government is to compelling state interest test. (Estrada v.
serve and protect the people. That being Escritor)
said, the Government may call upon the
people to defend the State, and in Compelling State Interest Test
fulfillment thereof, all citizens may be  If the plaintiff can show that a law or
required to render personal, military or government practice inhibits the free
 CONSTITUTIONAL LAW 1 – REVIEWER

exercise of his religious beliefs, the burden  The protection accorded to the unborn
shifts to the government to demonstrate starts from conception which is equivalent
that the law or practice is necessary to the to fertilization. The Constitution prohibits
accomplishment of some important (or and outlaws abortion and the use of
‘compelling’) secular objective and that it abortifacients. (Imbong v. Ochoa)
is the least restrictive means of achieving
Section Thirteen – Right to a Balanced and
that objective. If the plaintiff meets this
Healthful Ecology
burden and the government does not, the
plaintiff is entitled to exemption from the Right to a Balanced and Healthful Ecology
law or practice at issue. In order to be
protected, the claimant’s beliefs must be  The right to a balanced and healthful
‘sincere’, but they need not necessarily be ecology is the right that can exist
consistent, coherent, clearly articulated, or independently of any constitutional grant
congruent with those of the claimant’s or recognition. This right emanates from
religious denomination. ‘Only beliefs being human. (Oposa v. Factoran)
rooted in religion are protected by the Intergenerational Responsibility
Free Exercise Clause’; secular beliefs,
however sincere and conscientious, do not  Every generation has a responsibility to
suffice. (Estrada v. Escritor) the next to preserve that rhythm and
harmony for the full enjoyment of a
Section Seven – Independent Foreign Policy balanced and healthful ecology. Put a little
and Freedom from Nuclear Weapons differently, the minors' assertion of their
Independent Foreign Policy right to a sound environment constitutes,
at the same time, the performance of their
 Self-reliant and independent national obligation to ensure the protection of that
economy does not necessarily rule out the right for the generations to come. (Oposa
entry of foreign investments, goods and v. Factoran)
services. It contemplates neither
‘economic seclusion’ nor ‘mendicancy in Section Twenty-Six – Equal Access to
the international community’. (Tañada v. Opportunity for Public Office
Angara) Equal Access to Opportunity for Public Office
Section Ten – Social Justice  This provision does not contain a judicially
Social Justice enforceable constitutional but is merely a
guideline for legislative action. It is not
 Social Justice is neither communism, nor intended to compel the State to enact
despotism, nor atomism, nor anarchy, but positive measures that would
the humanization of laws and the accommodate as many as possible intro
equalization of social and economic forces public office. This privilege may be
by the State so that justice in its rational subjected to limitations such as the
and objectively secular conception may provision of the Omnibus Election Code or
atleast be approximated. (Calalang v. nuisance candidates. (Pamatong v.
Williams) COMELEC) (MQ)
Section Twelve – Right to the Life of the Section Twenty-Eight – Full Public Disclosure
Unborn of all Transactions Involving Public Interest
Right to the Life of the Unborn  A self-executing guarantee and does not
need implementing legislation. What may
 CONSTITUTIONAL LAW 1 – REVIEWER

be provided by law are reasonable the grant of amnesty by the President

conditions and limitations, and not the needs the concurrence of a majority of all
undertaking of the government to disclose the members of Congress.
transactions involving public interest.
CHECKS AND BALANCES
Payments for Public Documents
Checks and Balances
 Although it is a well-established principle
 Allows one department to resist
that giving copies of documents involving
encroachments upon its prerogatives or to
public interest is compulsory. Public
rectify mistakes or excesses committed by
documents are released in accordance
other departments.
with the rules and regulations of such
 The Supreme Court is the final arbiter to
agency. Therefore, the requesting party
determine whether there has been an
must pay for the documents requested by
encroachment between the branches.
him if such fee is imposed on him. (MQ)
(Angara v. Electoral Commission)
SEPARATION OF POWERS
Purpose
Separation of Powers
 To secure coordination in the working of
 Such principle ordains that each of the the various departments of the
three great branches of the government government
has exclusive cognizance of and is supreme
Examples
in matters falling within their own
constitutionally allocated sphere. One 1. President
example is that the Courts are not allowed  His approval is required in the law-
to pry into the internal workings of the making process of Congress.
Senate. Such is obtained not through  He can nullify a conviction through
express provision but buy actual division a pardon
in the Constitution. (Angara v. Electoral
Commission) 2. Congress
 May override the veto power of the
Purpose
President by a vote of 2/3 of all
 To prevent the concentration of powers in members of each house.
one person or group of persons that might  Sole power to impeach officers who
lead to irreparable error or abuse in its may be removed through
exercise. impeachments.
 May limit the jurisdiction of the
Blending of Powers
Supreme Court and that of inferior
 Instances where powers are not courts, subject to certain
exclusively confined within one restrictions.
department but are assigned to or shared 3. Judiciary
by several departments.  Capacitated with the power to
 Some examples are that when the declare invalid an act done by the
President prepares the budget and Congress, the President and its
Congress enacts an appropriation bill subordinates, or the Constitutional
pursuant to such; or when the President Commissions.
enters into a treaty with foreign countries DELEGATION OF POWERS
and the Senate concurs with the same; or
 CONSTITUTIONAL LAW 1 – REVIEWER

Principle of Non-Delegability of Legislative  It must fix a standard (the limits of

Power which are sufficiently determinate
or determinable) to which the
General Rule delegate must conform in the
 Potestas Delegata non Delegari Potest – performance of his functions.
what has been delegate cannot be further (Pelaez v. Auditor General)
delegated. Which is more important among the two tests?
Rationale  It has been established that both tests
 Delegated power constitutes not only a must be given consideration because the
right but a duty to be performed by the absence of one would technically
delegate through the instrumentality of his invalidate the said delegation for without a
own judgment and not through the sufficient standard test, there would be no
intervening mind of another. means to determine whether the delegate
exceeded his limitations or not. (Pelaez v.
Exceptions: (MQ) Auditor General)
1. People at Large – exercised through LEGISLATIVE DEPARTMENT
referendum and plebiscite. (RA 6735)
2. Emergency Powers to the President – Legislative Power
where the Congress grants the President,
 The power to enact, alter, repeal and
for a limited period, to exercise necessary amend laws.
steps as well as promulgate Eos during
emergencies of national level. (Araneta v. Composition:
Dinglasan)
 Bicameral - composed of the Senate and
3. Tariff Powers – where the Congress
the House of Representatives
authorizes the President, under certain
terms and conditions, to fix tariff rates and Senate:
import/export quotas. (Garcia v. Executive
Secretary)  Composition – 24 members
4. Delegation to Administrative Agencies  Qualifications –
– through subordinate legislation. 1. Natural-born citizen
(Eastern Shipping Lines v. POEA) 2. Atleast 35 years of age on the day of
5. Delegation to Local Government Units – the election
where the government allows the LGUs to 3. Able to read and write
make ordinances. (Basco v. PAGCOR) 4. Registered Voter
5. Resident of the Philippines for not
Two Fold Test for Valid Delegation less than 2 years immediately
preceding the day of election
1. Completeness Test
 Term of Office – 6 years commencing on
 The law must be complete in all its
the 30th day of June
essential terms and conditions
when it leaves the legislature so NOTE:
that there will be nothing left for
the delegate to do when it reaches  The COMELEC cannot enlarge
hi except to enforce it. (US v. Ang constitutional requirements, whatever it is
Tang Ho) stated in the Constitution, yun lang.
(Pimentel, Jr. v. COMELEC)
2. Sufficient Standard Test
 CONSTITUTIONAL LAW 1 – REVIEWER

House of Representatives:  Atong Paglaum v. COMELEC

 BANAT v. COMELEC
 Composition – not more than 250
members unless otherwise fixed by law Sectoral Parties
(300 as of present) consists of:
 Marginalized and under-represented
1. District Representatives – elected
sectors, includes:
from legislative districts
1. Handicapped
2. Party-list Representatives –
2. Indigenous Cultural Communities
constitutes 20% of the total
3. Fisher Folk
number of the members of the HOR
4. Labor
 Term of Office – 3 years commencing on
5. Overseas
the 30th day of June
6. Workers
District Representatives 7. Peasant
8. Urban Poor
 City with more than 250,000 inhabitants – 9. Veterans
atleast one representative
10. Professionals
 Province regardless of the number of its 11. Women
inhabitants – atleast one representative
12. Elderly
(Aquino v. COMELEC)
13. Youth
Qualifications – REMEMBER:
1. Natural-born citizen
 Party-list representatives are entitled to
2. Atleast 25 years of age on the day of
one seat if they garnered atleast 2% of all
the election
the votes cast for the partylist system.
3. Able to read and write
 Example – garnered 4% = 2 seats
4. Registered Voter in the district
 Maximum of 3 seats tho
which he shall be elected
5. Resident of the Philippines for not Parliamentary Immunities (TN!!!!!)
less than 1 year immediately
preceding the day of election 1. Privilege from Arrest
 A Senator or Member of the HOR
Party-List Representatives shall, in all offenses punishable by
not more than 6 years
Qualifications –
imprisonment, be privileged from
1. Natural-born citizen
arrest while Congress is in session.
2. Atleast 25 years of age on the day of
 Rationale: To ensure
the election
representation of the constituents
3. Able to read and write
of the member of the Congress by
4. Registered Voter in the district
preventing attempts to keep him
which he shall be elected
from attending its sessions
5. Resident of the Philippines for not
2. Privilege of Speech and Debate
less than 1 year immediately
 No member shall be questioned nor
preceding the day of election
be held liable in any other place for
6. Bonafide member of the party or
any speech or debate in the
organization which she seeks to
Congress or in any commitment
represent for atleast 90 days
thereof
preceding the day of the election
 Rationale: To enable the legislator
IMPORTANT CASES: (READ!!!) to express views bearing upon the
 CONSTITUTIONAL LAW 1 – REVIEWER

public interest without fear of Matters Mandated by the Constitution to be

accountability outside the halls of Entered into the Journal
the legislature
1. Yeas and nays on the third and final
 Must be made in performance of
reading
functions, and while in session.
2. Veto message of the President
(Pobre v. Santiago)
3. Yeas and nays on re-passing a bill vetoed
NOTE: by the President
4. Yeas and nays on any question at the
 Members of the Congress can still be held
request of 1/5th of the Members present
liable for such speech and debate by the 5. The vote of each member of the House of
house he/she belongs to. (Chavez v. JBC) representative in impeachment cases
Incompatible Office
Enrolled Bill
 No Senator or member of the HOR may  One that is duly introduced and finally
hold any office or employment in the passed by both Houses, authenticated by
Government, or any subdivision, agency,
the proper officers of each, and approved
or instrumentality, including GOCCs or by the President.
their subsidiaries without forfeiting his  An enrolled bill is conclusive upon the
seat.
Courts
 EXCEPTION – ex-officio capacity (by  Any mistake on the printing of the bill
virtue of office) before it was certified by the officers of
Forbidden Office Congress and approved by the Executive –
the remedy is by amendment or curative
 Neither shall he be appointed to any office legislation, not by judicial decree.
which may have been created or (Mabanag v. Lopez Vito)
emoluments thereof increased during the
term for which he was elected. NOTE:

Quorum  Any discrepancy between a Journal Entry

and the Enrolled Bill – the enrolled bill
 Majority of each house (50% + 1) ; shall be prevails EXCEPT matters, which under the
the total number of Senators who are in Constitution, must be entered into the
the country (Avelino v. Cuenco) Journal.
Journal ELECTORAL TRIBUNALS
 It is a resume of minutes of what Composition:
transpired during a legislative session.
 Each House shall keep a journal of its  3 Supreme Court Justices
proceedings, and from time to time  6 Members of the Chamber concerned
publish the same, EXCEPT such parts as chosen on the basis of proportional
may, in its judgment, affect national representation from the political parties
security. or organizations registered under the
party-list system.
Record  Senior Justice acts as Chairman
 Word for word transcript of the COMMISSION ON APPOINTMENTS
proceedings taken during the session
 Each House shall keep a record of its Composition:
proceedings
 CONSTITUTIONAL LAW 1 – REVIEWER

 Senate President – acts as ex-officio legislate, and as such the same may be
chairman who shall not vote except in case exercised even in the absence of any
of a tie; express constitutional grant. (Senate v.
 12 Senators and 12 Members of the Ermita)
HOR
Question Hour
Three-Readings on Separate Days
 The heads of departments may upon their
 In the process of making a bill into a law, own initiative, with the consent of the
each reading must be done on separate President, or upon the request of either
days EXCEPT when the President certifies House, as the rules of each House shall
to its immediate enactment to meet a provide, appear before and be heard by
public calamity, emergency or urgency. such House on any matter pertaining to
(Tolentino v. Secretary of Finance) their departments.
 Can only be defeated through valid claim
NOTE: of executive privilege
 As per the process of turning a bill into a
Executive Privilege
law, please refer to our statcon notes.
 The power of the government to withhold
Bills that must originate EXCLUSIVELY in the information from the public, the Courts
HOR:
and the Congress.
1. Appropriation Bill – purpose is to EXECUTIVE DEPARTMENT
authorize the release of funds from the
public treasury Executive Power
2. Revenue Bill – levies taxes and raises
 It is the power to enforce and administer
funds
the laws.
3. Tariff Bill – specifies the rates or duties to
 Vested in the President of the Philippines.
be imposed on imported articles
4. Bills Authorizing Increase in Public Qualifications (President and VP):
Debt – creates public indebtedness such as
bills for the issuance of bonds and other 1. Natural-born citizen
forms of obligations 2. Atleast 40 years of age on the day of
5. Bills of Local Application – one affecting election
purely local or municipal concerns 3. Able to read and write
6. Private Bills – affects purely private 4. Registered Voter
interests 5. Resident of the Philippines for atleast 10
years immediately preceding such election
Limitations on the Power of Legislative
Investigation Term of Office – 6 years

1. It must be in aid of legislation Election – 2nd Monday of May, every 6 years.

2. In accordance with the duly published PRIVILEGES
rules of procedures
3. Right of person appearing in or affected by 1. Presidential Immunity – immunity from
such inquiry shall be respected suits during incumbency
2. Executive Privilege – the right of the
Legislative Inquiries (In Aid of Legislation) President and high-level executive officials
 The power to conduct inquiries in aid of to withhold information from Congress,
legislation is inherent in the power to the Courts and the Public.
 CONSTITUTIONAL LAW 1 – REVIEWER

Requisites for Executive Privilege Powers of the President:

1. Quintessential and Non-Delegable 1. Executive Power – the president shall
Power – involves communications have control of all executive departments,
relating to the power to enter into an bureaus and offices.
executive agreement with other countries 2. Power of Appointment – selection by the
2. Proximity test – communication was authority vested with the power of an
received by a Member of the Cabinet individual who is to exercise the functions
3. Compelling Need – there was no showing of a given office.
of the unavailability of the information 3. Power of Removal – derived from his
elsewhere by an appropriate investigating power of appointment, he can also remove
authority (Neri v. Senate) those he had appointed, subject to certain
exceptions,
Scope of Executive Privilege
4. Power of Control – power of an officer to
 Covers all confidential or classified alter, modify, nullify, or set aside what a
information between the President and subordinate has done in the performance
the public officers covered by this of his duties to substitute his judgment to
executive order including: that of the former.
1. Conversations and 5. Military Powers – power to call out the
correspondence between the Armed Forces to prevent or suppress
President and the public official lawless violence, invasion or rebellion.
covered by this executive order
Midnight Appointments (TN)
2. Military, diplomatic and other
national security matters which  An appointment made by the President 2
in the interest of national months immediately before the next
security should not be divulged presidential elections up to the end of his
3. Information between inter- term.
government agencies prior to
EXCEPTIONS TO MIDNIGHT APPOINTMENTS:
the conclusion of treaties and
executive agreements  Only temporary appointments can be
4. Close-door cabinet meetings extended
5. Matters affecting national  Appointments only in the Executive
security and public order. department
 It is necessary to make such appointment
READ:
(it is necessary when vacancies would
 Senate v. Ermita prejudice public service or endanger
safety)
REMEMBER:
Three-Strike Rule
 The President may not appoint his/her
spouse or relatives by consanguinity or  A nomination or appointment which has
affinity within the 4th civil degree of the been bypassed 3 times shall be reported
President as members of Constitutional out by the standing committee concerned.
Commission, etc.  Nominees can only be bypassed three
times, once rejected the President can no
longer reappoint the official.
Appointments Requiring the Consent of the
Commission of the Appointments: (TN!!!!)
 CONSTITUTIONAL LAW 1 – REVIEWER

1. Heads of Executive Departments  A person of Competence, Probity,

2. Ambassadors and other public ministers Independence and Integrity
and consuls 2. Lower Collegiate Courts (CA)
3. Officers of the AFP from the rank of colonel  Same qualifications as above
or naval captain 3. Regional Trial Court Judges
4. Officers whose appointments are vested in  Citizen of the PH
the President by the Constitution  Atleast 35 years old
5. Officers of the government whose  Engaged for atleast 10 years in the
appointments are not otherwise provided practice of law in the PH or has held
for by law, and those whom he may be public office in the PH requiring
authorized by law to appoint admission to the practice of law as
6. The Congress may vest the appointment of an indispensable requirement
other officers lower in rank in the  A person of Competence, Probity,
President alone Independence and Integrity
Appointments that Require Prior 4. MTC, MeTC, MCTC Judges
Recommendation by the JBC:
 Citizen of the PH
1. Members of the SC and all other lower  Atleast 30 years old
courts  Engaged for atleast 5 years in the
2. Ombudsman and his 5 deputies practice of law in the PH or has held
public office in the PH requiring
Appointing Procedure for those that need CA admission to the practice of law as
Approval: an indispensable requirement
1. Nomination by the President  A person of Competence, Probity,
2. Confirmation by the CA Independence and Integrity
3. Issuance of commission Tenure/Term
4. Acceptance by the appointee
 Supreme Court – until 70 years of age or
NOTE: become incapacitated to discharge their
 The above-mentioned exceptions must all duties
be present, all of it must be attained.  Lower Courts – holds office during good
behavior until 70 years of age or become
JUDICIAL DEPARTMENT incapacitated to discharge their duties
Composition: Judicial Power
 1 Chief Justice and 14 Associate Justices  The power and duty of the courts to settle
Qualifications: actual controversies involving rights
which are legally demandable and
1. Chief Justice and Associate Justices of enforceable.
the SC
 Natural-born Citizen Expanded Judicial Power
 Atleast 40 years old  The power of the Courts to determine
 15 years or more as a judge of a whether or not there has been grave abuse
lower court or has been engaged in of secretion amounting to lack or excess of
the practice of law in the PH for the jurisdiction on the part of any branch or
same period instrumentality of the government.
 CONSTITUTIONAL LAW 1 – REVIEWER

 Vested in one Supreme Court and such  Recommend appointees to the Judiciary,
lower courts as may be established by law the Ombudsman, and such other functions
as may be assigned by the Supreme Court
Judicial Review
CONSTITUTIONAL COMMISSIONS
 The power of the courts to test the validity
of executive and legislative acts in light of Classifications:
their conformity with the Constitution
1. Civil Service Commission
Requisites of Judicial Review (TN) 2. Commission on Elections
3. Commission on Audit
1. Actual case or controversy – there must
be conflicting claimsa Civil Service Commission
2. Locus standi – the party asserting the
 Composed of (1) Chairman and (2)
issue must be in the danger of sustaining
Commissioners [Tip: CSC = 3 letters, 3
an injury as a result of the act complained
of (locus standi can be overthrown by members]
transcendental importance of the issue) Qualifications of Members:
3. The issue on constitutionality must be
raised on the earliest possible 1. Natural-born citizen
opportunity – the issue mujst be raised in 2. Atleast 35 years old at the time of
the pleadings appointment
4. The issue must be the Lis Mota of the 3. With proven capacity for public
case – lis mota means cause of the suit of administration
the action, it must be shown that the case 4. Not a candidate for the election
cannot be resolved unless the immediately preceding their appointment.
constitutional question is decided Appointment
 Appointed by the President with consent
JUDICIAL AND BAR COUNCIL of the Commission on Appointments
Composition: Term
1. Ex-Officio Chairman - Chief Justice of the  7 years without reappointment
SC
2. Ex-Officio Members – Secretary of Scope
Justice; one representative of Congress  Embraces all branches, subdivision,
from either House but NOT BOTH (Chavez including government owned and
v. JBC) controlled corporations with original
3. Regular Members – Representative of the charters
IBP; Professor of Law; Retired Member of  Once said corporation is privatized, it
SC; Representative of Private Sector ceases to fall under Civil Service
Term Commission on Elections
 4 years – Chief Justice, Sec. of Justice, Rep  Composed of (1) Chairman and (6)
from Congress and Rep from IBP Commissioners [ Tip: COMELEC = 7 letters,
 3 years – Professor of Law 7 members]
 2 years – Retired Justice
 1 year – Rep from Private Sector
Powers and Functions
 CONSTITUTIONAL LAW 1 – REVIEWER

Qualifications of Members: 3. What are the five permissible

delegations of legislative powers?
1. Natural-born citizen
 People at Large (RA 6735) –
2. Atleast 35 years old at the time of exercised through referendum and
appointment plebiscite
3. College degree holder
 Emergency Powers to the President
4. Not a candidate for the election (Araneta v. Dinglasan) – where the
immediately preceding their appointment. Congress grants the President, for a
5. Majority, including the Chairman, must be
limited period, to exercise
members of the Philippine Bar or in the necessary steps as well as
practice of law for atleast 10 years promulgate Eos during
Commission on Audit emergencies of national level.
 Tariff Powers (Garcia v. Executive
 Composed of (1) Chairman and (2) Secretary) – where the Congress
Commissioners [Tip: COA = 3 letters, 3 authorizes the President, under
members] certain terms and conditions, to fix
Qualifications of Members: tariff rates and import/export
quotas.
1. Natural-born citizen  Delegation to Administrative
2. Atleast 35 years old at the time of Agencies (Eastern Shipping Lines v.
appointment POEA) – through subordinate
3. CPA’s with atleast 10 years auditing legislation
experience in the practice of law  Delegation to Local Government
4. Not a candidate for the election Units (Basco v. PAGCOR) – where
immediately preceding their appointment. the government allows the LGUs to
NOTE: make ordinances.

 At no time shall all members of the 4. What is the Archipelagic Doctrine?

Commission on Audit have the same  The Archipelagic Doctrine is
profession. embodied in the second sentence of
Article One of the 1987
FREQUENTLY ASKED QUESTIONS:
Constitution wherein it states that
1. What are the rights you can exercise in the waters around, between and
the contiguous zone? connecting the islands of the
 The State can exercise its right to Archipelago, regardless of their
enforce customs, fiscal, breadth and dimension shall form
immigration and sanitation laws. part of the internal waters of the
(Magallona v. Ermita) Philippines. Straight lines are
drawn from the outermost parts of
2. Bills that must originate from the HOR? the baselines and that all waters
 Appropriation Bills enclosed thereby shall form part of
 Revenue Bills our internal waters and classified
 Tariff Bills as a unified whole. (Magallona v.
 Bills increasing public debt Ermita)
 Bills of local application
 Private 5. What are the four essential elements of
a State?
 CONSTITUTIONAL LAW 1 – REVIEWER

 People – the inhabitants of the  Because their employment are

State. Must be numerous enough established by law (public) and not
for self-sufficiency and self- by contracts (private)
defense; must consist of both sexes  One remedy employees can resort
for perpetuity. to is to assail their grievances in the
 Territory – the fixed portion on the Legislature.
surface of the earth occupied by the  Private companies are governed by
inhabitants of the State. ‘Collective Bargaining Agreements’
 Government – the instrumentality while public companies are
of agency through which the will of governed by “Collective
the State is formulated and Negotiating Agreement’.
realized.
 Sovereignty – the supreme and 9. Is a college-degree required for
uncontrollable power inherent in a members of the CSC?
State. Such resides in the people  Yes, although it is not expressly
and where government authority stated in the Constitution, such
emanates from. requirement is implied.
 Coinciding with COA and COMELEC
6. Does the State’s sovereignty cease to who requires that members of such
exist during a belligerent occupation? be college-degree holders, it is
 No, the State’s sovereignty does not logical enough to interpret that
cease to exist but only the exercise members of the CSC is under the
of sovereign rights. Sovereignty same requirement.
does not pass to the occupant but  Commission on Appointments will
rather stays in the legitimate never approve on someone less
government unless accepted by the qualified.
People. Once the government 
asserts, or once the occupation 10. Can employees in the public sector
ends, sovereignty is revived in its form unions?
full force. (Laurel v. Misa)  Yes, they have the right to self-
organization. However, they cannot
7. Does Judicial Supremacy render conduct a strike since their
Separation of Powers illusory? employments are governed by law
 No, Judicial Supremacy does not and not by contracts. A remedy
render Separation of Powers they can resort to is to institute a
illusory for the reason that when complaint to the Legislature.
the Judiciary allocates 
constitutional boundaries, it 11. How is merit and fitness determined?
neither asserts superiority against  Through examinations
the other departments, but rather
complies with its solemn and 12. What’s the difference between an
scared obligation to uphold the incompatible office and a forbidden
supremacy of the Constitution. office?
(Angara v. Electoral Commission)  According to Section 13 of the 1987
Constitution - Incompatible Office
8. Why can’t government employees mandates that no Senator or
conduct a strike? member of the HOR may hold any
 CONSTITUTIONAL LAW 1 – REVIEWER

office or employment in the

Government, or any subdivision, 16. What is the Alter-Ego Principle?
agency, or instrumentality,  The principle where it postulates
including GOCCs or their that all executive and
subsidiaries without forfeiting his administrative organizations are
seat except when the member of adjuncts of the executive
the Congress is acting in his ex- department. Therefore, the acts of
officio capacity (by virtue of office). the heads of the various
On the other hand, forbidden office departments are considered the
asserts that neither shall he be acts of the President EXCEPT in
appointed to any office which may cases where the Chief Executive is
have been created or emoluments required by the Constitution to act
thereof increased during the term in person or exigencies demand
for which he was elected. that he acts in his personal capacity.

13. What do you understand with the next- 17. What are the grounds for suspension of
in-rank rule? the privilege of the writ of habeas
 The next in rank rule provides that corpus?
if there is vacancy in a government  Invasion or Rebellion AND when
that ought to be filled-up by public safety requires it.
promotion, the person holding the
position next thereto should first 18. What is the operative fact doctrine?
be considered. However, it is not  Under this doctrine, when the law
mandatory that he should is recognized as unconstitutional,
immediately be chosen to succeed. the effects of the unconstitutional
law, prior to its declaration of
14. Can the Philippines have a joint venture nullity, may be left undisturbed as
agreement with China to exploit the matter of equity and fair play.
minerals of the EEZ? (Current News ‘to) (Hindi siya retroactive kumbaga)
 According to former Associate
Justice Antonio Carpio, such joint 19. A city was enacted during the term of
venture would be considered as Senator Bong Go, can he abandon his
unconstitutional since the seat and assume office in that city?
enjoyment of the country’s EEZ are  No, such would be contradictory to
exclusive only to Filipinos. the prohibition on Forbidden Office
in which no member of the
15. Where do you draw the line between Congress shall be appointed to any
Supervision and Control? office which may have been created
 In power of control, the President or emoluments thereof increased
can substitute his own judgement during the term for which he was
in favor of the person he controls, in elected.
short term, there’s action involved. 20. Does a convict need to accept the
However, in power of supervision, pardon? Even in absolute pardon?
it is merely the power to oversee  Yes, a pardon is a deed, to the
that a subordinate performs their validity of which delivery is
duties, no initial action involved. essential and delivery is not
(Mondano v. Silvosa)
 CONSTITUTIONAL LAW 1 – REVIEWER

complete without acceptance. It 26. Is the provision on the power to sue

can also be rejected. (US v. Wilson) and be sued mandatory to be in the
 Yes, even in absolute pardons since charter of an incorporated agency?
such is characterized as one that  No, it is not. There are cases in
does not impose any condition which the charter of the
upon the pardonee and is effective incorporated agency is silent as to
only upon acceptance. whether or not it can sue or be
sued. However, one can inquire into
21. Can a party-list with less than two the functions of the agency, if its
percent requirement be given a seat? purpose is to obtain profit then it is
 No, that could be against the suable; if it is interested in the
Constitutional requirement that safety and advancement of the
each party list can only be given a public good and welfare, or
seat if they garner atleast two performs governmental acts, then
percent of all the votes cast for the it cannot be sued.
party-list system.
27. Exceptions to the suability of
22. Can a party-list who garnered less than incorporated/unincorporated
two percent be given two seats? agencies?
 No, please refer to the answer  When the proprietary functions are
above. indispensable to the performance
of its governmental functions AND
23. Can the President grant a pardon to a when such proprietary functions
convict of a political offense? are incidental to its government
 No, an amnesty is what can functions.
obliterate a political offense.
28. What’s a temporary appointment?
24. Does it need the concurrence of  Temporary appointments are
Congress? issued to a person who meets all
 No, pardons are discretionary on the requirements for the position to
the part of the President and may which he’s being appointed to
not be controlled by the legislature except the appropriate civil service
or reversed by the Court unless eligibility. Such appointment is
there is a constitutional violation. made in the absence of appropriate
(Risos-Vidal v. COMELEC) eligibles and becomes necessary in
the public interest to fill the
25. Are incorporated agencies always vacancy.
endowed with the power to sue and be
sued? 29. What is the substantial distinction
 No, their capacity to sue or be sued between a temporary appointment and
is dependent upon their charter. If a permanent appointment?
the charter says that they can sue  Permanent appointees cannot be
and be sued, then yes. If otherwise, removed without just cause while
then no. (SSS v. CA) temporary appointees has no fixed
tenure of office. Such employment
can be terminated at the pleasure of
the appointing power, there being
 CONSTITUTIONAL LAW 1 – REVIEWER

no need to show that the 32. Can Congress pass a law which says that
termination is for a cause. The MTC or lower court judges have to be
temporary appointee only lasts for natural born citizens? Even if the
12 months, and may be replaced Constitution provides otherwise?
sooner if a qualified civil service  No, because such would require an
eligible becomes available. (Ong v. amendment on the Constitution.
Office of the President)
33. Is there a hold-over policy for members
30. What are the qualifications in hiring in of the Constitutional Commission
the civil service? pending the qualifications of their
 Citizen of the Republic of the PH replacements?
 Atleast 18 years of age at the time  Yes, it is usually provided by the
of application law that officers elected or
 Has not been found guilty of a crime appointed for a fixed term shall
involving moral turpitude or of remain in office not only for that
infamous, disgraceful, or immoral term, but until their successors
conduct, dishonesty, drunkenness have been elected and qualified.
or addiction to drugs
 Has not been previously found 34. In the question hour, can the members
guilty of offenses relative to, or in of the private sector be invited?
connection with the conduct of a  No, the question hour only involves
civil service examination heads of the departments. Private
 Has not been dismissed from the sectors can be invited in meetings
service for a cause. (Sec. 3 and Sec. in aid of legislation.
6, Rule II of the Omnibus Rules
Implementing Book V of EO 292 or 35. Can the President appoint regular
Revised Administrative Code of appointments during recess of
1987) Congress? Appointments that need the
approval of the Commission on
31. Can a dual citizen be asked by the Appointments.
government agency to forego his  No, the President cannot since any
American citizenship for him to keep appointments that he’ll make
his office? during the recess of Congress, those
 Natural-born citizens who were that need the approval of
naturalized in another country are Commission of Appointments, will
required to renounce their foreign be considered as an ad interim
citizenship. However, those who appointment only because such
were born to Filipino parents in appointment requires approval
another State which follows the Jus from the said Commission and
Soli principle, need not renounce cannot be considered as regular
their foreign citizenship. In short until they approve it.
terms, Filipino citizens whose
foreign citizenships were acquired 36. What does Pacta Sunt Servanda mean?
by birth are not covered. (CSC  ‘Agreements must be kept.’
Memorandum Circular No. 23, s.
2016)
Nothing follows!