UP Consti1 Reviewer Flashcards
1
Q
Political Law
A
Branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.
2
Q
Constitutional Law (MALCOLM)
A
A written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited, and defined, and those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic.
3
Q
Date of Ratification of the 1987 Constitution
A
The 1987 Constitution was ratified on February 2, 1987
4
Q
The Supremacy of the Constitution and the Role of the Courts
A
The Constitution is the fundamental law of the land to which every statute must conform; laws, statutes, or treaties may be nullified if in conflict with the Constitution
5
Q
PARTS OF A CONSTITUTION
A
- Constitution of Government
- Constitution of Sovereignty
- Constitution of Liberty
6
Q
PARTS OF A CONSTITUTION, explained
A
- Constitution of Government: establishes the structure of government, its branches and their operation; e.g. Art. VI, VII, VIII, IX
- Constitution of Sovereignty: Provides how the Constitution may be changed; i.e. Art. XVII
- Constitution of Liberty: states the fundamental rights of the people; e.g. Art. III [Lambino v. COMELEC, G.R. No. 174153. October 25, 2006]
7
Q
WHAT IS AMENDMENT?
A
Amendments: An addition or change within the lines of the original constitution as will effect an improvement, or better carry out the purpose for which it was framed; a change that adds, reduces or deletes without altering the basic principles involved; affects only the specific provision being amended [Lambino v. COMELEC, supra].
8
Q
WHAT IS REVISION
A
A change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and- balances; alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution.
9
Q
Difference: AMENDMENT & REVISION
A
Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended [Id.]. This distinction is significant because the 1987 Constitution allows people’s initiative only for the purpose of amending, not revising, the Constitution [See Lambino v. COMELEC, supra].
10
Q
2PART TEST
A
a. Quantitative test: The court examines only the number of provisions affected and does not consider the degree of the change.
b. Qualitative test: The court inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will “accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.” The changes include those to the “fundamental framework or the fundamental powers of its Branches,” and those that “jeopardize the traditional form of government and the system of check and balances.” Whether there is an alteration in the structure of government is a proper subject of inquiry [Lambino v. COMELEC, supra].
11
Q
PROCEDURE: AMENDMENT & REVISION
A
a. Proposal: This refers to the adoption of the suggested change in the Constitution.
1. Congress (as a Constituent
Assembly) – a vote of 3/4 of ALL its
members.
2. Constitutional Convention –
Called into existence by (i) 2/3 of all members of Congress OR (ii) the electorate, in a referendum called for by a majority of all members of
Congress [Sec. 3, Art. XVII]
3. People (through a People’s Initiative) – petition of at least 12% of the total number of registered voters; every legislative district must be represented by at least 3% of the registered voters therein.
i. Limitation on Initiative: No amendment in this manner shall be authorized (1) within 5 years following the ratification of the 1987 Const. nor (2) more often than once every 5 years thereafter.
ii. Enabling Law: Constitutional provision on amendments via People’s Initiative are not self-executory. (Defensor-Santiago v. COMELEC, 270 SCRA 170 (1997)
b. Ratification: The Proposed Amendments shall be submitted to the people and shall be deemed ratified by the majority of the votes cast in a plebiscite, held not earlier than 60 days nor later than 90 days:
1. After approval of the proposal by Congress or ConCon;
2. After certification by the COMELEC of sufficiency of petition of the people.
12
Q
Doctrine of Proper Submission
A
A plebiscite may be held on the same day as a regular election [Gonzales v. COMELEC, G.R. No. L-28196 (1967)]. The entire Constitution must be submitted for ratification at one plebiscite only. The people must have a proper “frame of reference” [J. Barredo’s Dissent in Tolentino v. COMELEC, G.R. No. L-34150 (1971)]. No “piecemeal submission” is allowed e.g. submission of age amendment ahead of other proposed amendments [Lambino v. COMELEC, supra].
13
Q
Diff. in procedure Amendment v. Revision
A
Note: The process of revision is the same in all respects except that it cannot be proposed via a People’s Initiative [See Lambino v. COMELEC, supra]
14
Q
Judicial Review of Amendments
A
The validity of the process of amendment is not a political question because the Court must review if constitutional processes were followed [See Lambino v. COMELEC, supra].
15
Q
METHODS OF INTERPRETING THE CONSTITUTION
A
- Words given their ordinary meaning [Verba Legis]
- In case of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers [Ratio Legis Est Anima]
- Construction as a whole [Ut Res Magis Valeat Quam Pereat]
- Every part must be given effect
- Conflicting provisions harmonized
- Where one provision cannot be considered an exception to another, and there is conflict, the last in order of time and local position is deemed the latest expression of the will of the people.
16
Q
Verba Legis
A
Words given their ordinary meaning
17
Q
Ratio Legis Est Anima
A
In case of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers
18
Q
Ut Magis Valeat Quam Pereat
A
This is on the theory that the document was prepared and intended as a consistent whole
19
Q
Doctrine of Necessary Implication
A
Whatever is necessary to render effective a provision, whether a grant of power of right or prohibition or a restriction, must be deemed implied or intended in the provision itself.
20
Q
The Philippines is a Democratic and Republican State
A
Section 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
21
Q
Renunciation of War
A
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Only refers to wars of aggression, not defensive war.
22
Q
Adoption of Generally Accepted Principles of International Law
A
Under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or incorporation.
23
Q
Generally accepted principles of international law
A
Norms of general or customary international law which are binding on all states, i.e,
1. Renunciation of war as an instrument of national policy,
2. The principle of sovereign immunity,
3. A person’s right to life, liberty and due process,
4. Pacta sunt servanda (international agreements must be performed in good faith)
24
Q
Civilian Supremacy
A
Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.
25
Role of the Armed Forces
a. Protector of the people and the State
b. Secure the sovereignty of the State and the
integrity of the national territory
26
Compulsory military and civil service
Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.
27
Maintenance of Peace and Promotion of General Welfare
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
28
Separation of Church and State
The separation of Church and State shall be inviolable.
29
Independent Foreign Policy
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
30
Paramount Consideration
National sovereignty, territorial integrity, national interest, and the right to self-determination
31
Freedom from Nuclear Weapons
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
32
Right to a Balanced and Healthful Ecology
Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
33
Priority to Education, Science, and Technology, Arts, Culture, and Sports
Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
34
Equal Access for Public Service and Prohibition of Political Dynasties
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
The state policy against political dynasties is not self-executing. It does not provide a judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. [Belgica v. Ochoa, G.R. No. 208566, Nov. 19, 2013]
35
Sovereignty
is the supreme and uncontrollable power inherent in the State by which the state is governed.
36
2 kinds of sovereignty
1. Legal Sovereignty — authority which has
the power to issue final commands
2. Political Sovereignty — power behind the legal sovereign, or the sum total of all the
influences that operate upon it
37
Sovereignty may also be internal or external
1. Internal Sovereignty — refers to the power
of the state to control its domestic or
internal affairs
2. External Sovereignty — the power of the
State to direct its relations with other states, also known as independence
38
Section 1, Article II
The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
39
STATE IMMUNITY: General Rule
General Rule: The State cannot be sued
40
STATE IMMUNITY: Exception
When the State consents to be sued.
41
STATE IMMUNITY: How consent is given
1. Express
a. General Law
b. Special Law
2. Implied
a. When the State enter into business contracts with individuals (performing proprietary functions);
b. When the State commences litigation and becomes vulnerable to counterclaim;
c. When it would be inequitable for the State to invoke immunity; and
d. In eminent domain cases.
42
Money claims
When a money judgment is given against the government, the ordinary rule for execution would not apply, for the consent of the government to be sued is only up to the point of judgment. If it does not pay, it cannot be compelled to pay by attachment or otherwise.
43
CONCEPTS of a STATE
A community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience
44
Qualifications of a State
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the other states [Art. 1, Montevideo Convention].
45
Section 3, Article XVI
The State may not be sued without its consent.
46
Two Theories of Sovereign Immunity
1. Absolute Theory
2. Restrictive Theory
The Philippines follows the restrictive theory.
47
Suits Against the State
A suit against the state will only prosper if the state gives its express consent.
48
When is a suit against the State?
1. If it produces adverse consequences to public treasury in terms of disbursement as well as loss of government property, regardless of the defense;
2. When the Republic is sued in its name;
3. When the suit is against an unincorporated
government agency; and
4. Even when the suit, on its face, is against
an officer but liability will belong to/fall on the government.
49
When is a suit NOT against the State?
1. When suits engage in matters partaking more of the nature of ordinary business
rather than functions of a governmental or
political character;
2. When the purpose of the suit is to compel
an officer charged with the duty of making payments pursuant to an appropriation made by law in favor of the plaintiff to make such payment, since the suit is intended to compel performance of a ministerial duty [Begosa v. Philippine Veterans Association, G.R. No. L-25916(1970)];
3. When, from the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity;
4. When the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular.
50
Action in personam v. Action in rem
1. Action in personam — the government as the named defendant.
2. Action in rem — does not name the government in particular.
51
Official Capacity v. Personal Capacity
The doctrine of non-suability applies only in cases wherein the complaint is against officials of state for acts performed in discharge of duties or his official capacity.
When officials abuse this authority gravely (like discriminatory behavior), this is no longer an official state act and the official may now be sued in his personal capacity.
52
Waiver of Immunity
When the State expressly states their consent to be sued through legislation (including treaties), it waives its immunity from suit. However, this waiver of immunity may be limited to certain legal actions
(i.e. under the VFA, there is a waiver of immunity by the US under criminal jurisdiction but not to civil actions) [Arigo v. Swift].
53
CONSENT TO BE SUED: Express Consent
Effected only by the will of the legislature through the medium of a duly enacted statute; may be embodied either in a general law or a special law.
54
CONSENT TO BE SUED: General Law
Authorizes any person who meets the conditions stated in the law to sue the government in accordance with the procedure in the law; e.g;
a. Money claims arising from contract express or implied
b. Torts
55
Special Agent
One who receives a definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official.
[Merritt v. Government of the Philippine Islands, G.R. No. L- 11154(1916)].
56
Special Law
May come in the form of a private bill authorizing a named individual to bring suit on a special claim
57
Implied consent
a. In instances when the State takes private property for public use or purpose (eminent domain)
b. When the State enters into a business contract (in jure gestionis or proprietary functions)
c. When it would be inequitable for the State to invoke its immunity.
d. If the government files a complaint, the defendant may file a counterclaim against it. When the state files a complaint, suability will result only where the government is claiming affirmative relief from the defendant.
58
Suits against Government Agencies
Depends on whether the agency is incorporated (i.e. there is a separate charter) or unincorporated (i.e. no separate personality).
a. Incorporated
b. Unincorporated
59
Incorporated
If the charter provides that the agency can sue, then the suit will lie. The provision in the charter constitutes express consent.
60
Unincorporated
There must be an inquiry unto the principal functions of government.
i. If governmental: No suit without consent [Bureau of Printing v. Bureau of Printing Employees
Association (1961)].
ii. If proprietary: Suit will lie, because
when the state engages in principally proprietary functions, it descends to the level of a private individual, and may, therefore be vulnerable to suit.
[Civil Aeronautics Administration v. Court of Appeals, G.R. No. L- 51806 (1988)].
State may only be liable for proprietary acts (jure gestionis) and not for sovereign acts (jure imperii).
61
Incorporated v. Unincorporated
Incorporated - Governmental or proprietary
CAN be sued ONLY IF charter allows
Unincorporated:
Governmental - CANNOT be sued unless consent is given
Proprietary - CAN be sued
62
Suits against Public Officers: General Rule
General Rule: The doctrine of state immunity also applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority.
63
Suits against Public Officers: Exception
Exception: The doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his (1) private and personal capacity as an ordinary citizen, for (2) acts without authority or in excess of the powers vested in him [Lansang v. CA, G.R. No. 102667 (2000)].
Note: Acts done without authority are not acts of the State (see Beyond Scope of Authority).
64
Consent to be sued is not a concession of liability
Suability depends on the consent of the state to be sued, and liability on the applicable law and the established facts. The circumstance that a state is suable does not necessarily mean that it is liable, but it can never be held liable if it does not first consent to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove that it is liable.
65
ESTOPPEL: General Rule
The State cannot be put in estoppel by the mistakes or errors of its officials or agents.
66
ESTOPPEL: Exception
Estoppel may not be invoked where they would operate to defeat the effective operation of a policy adopted to protect the public, or in those special cases where the interest of justice clearly required it.
67
SEPARATION OF POWERS
Ordains that each of the 3 branches of government has exclusive cognizance of and is supreme in matters falling within its constitutionally allocated sphere.
68
Three (3) branches of government
1. Legislative
2. Executive; and
3. Judiciary
69
Political Question Doctrine
A question of which a resolution has been vested by the Constitution exclusively in the people, or in which full discretionary authority has been delegated to a co-equal branch of the government (separation of powers) cannot be decided upon by the Courts.
This is as opposed to a justiciable question which deals with matters re: the law and its interpretation, not left to the wisdom of the people.
70
Belgica v. Ochoa
The Pork Barrel System violates the separation of powers because it is a form of post- enactment authority in the implementation or enforcement of the budget.
71
CHECKS AND BALANCES
Corollary to Separation of Powers: Prevent authority from being concentrated in one branch. Each branch is supreme within their own sphere. It does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate. system of checks and balances to secure coordination in the workings of the various departments of the government
72
Congressional oversight
is not per se violative, but is integral to separation of powers. However, for a post-enactment congressional measure to be valid, it must be limited to:
1. Scrutiny: Congress’ power of appropriation, i.e. budget hearings, and power of confirmation
2. Investigation and monitoring of implementation of laws: using its power to conduct inquiries in aid of legislation [Abakada Guro Partylist v. Purisima, G.R. No. 166715, August 14, 2008].
73
Legislative Veto
i.e. statutory provision (which may take the form of a congressional oversight committee) that requires the President or an agency to submit the proposed implementing rules and regulations of a law to Congress for approval, is unconstitutional. It encroaches on:
1. The Executive: it allows Congress to take
a direct role in the enforcement of its laws;
2. The Judiciary: administrative issuances enjoy a presumption of validity, and only the courts may decide whether or not they conform to statutes or the Constitution
[Abakada Guro Partylist v. Purisima, G.R. No. 166715, August 14, 2008]
74
The Pork Barrel system
The Pork Barrel system is unconstitutional, among others, because it violates the system of checks and balances.
1. It deprives the president of his item-veto
power. As lump-sum appropriations, the actual projects under each congressman’s PDAF are determined (by the congressman) only after the GAA is passed. The president, then, would not be able to discern whether or not he should veto the appropriation.
2. It has a detrimental effect on Congressional Oversight. Because legislators effectively intervene in project implementation, it becomes difficult for them to exercise their (valid) post- enactment role of scrutinizing, investigating, or monitoring the implementation of the law, when they are no longer disinterested observers [Belgica, supra].
75
Rule of Non-Delegation of Legislative Power
Principle: Delegata potestas non potest delegari – What has been delegated can no longer be delegated.
76
DELEGATION OF POWERS: General Rule
General Rule: Only Congress (as a body) may exercise legislative power.
77
DELEGATION OF POWERS: Exceptions
Exceptions (PLATE):
1. (P) Delegation to the people (by initiative and referendum)
2. (L) Delegation to the local governments
3. (A) Delegation to the administrative bodies
○ Increasing complexity of the task of government
○ Lack of technical competence of Congress
○ Administrative bodies may fill up details of statute for implementation
○ Legislature may pass “contingent legislation”, which leaves to another body the business of ascertaining facts
4. (T) Delegation of tariff powers to the President under Constitution (Art. 6, Sec. 28(2))
5. (E) Delegation of emergency powers to the President under Constitution (Art. 6, Sec. 23(2)
78
Test for Valid Delegation
Rule: There is a valid delegation of legislative power when it passes the following tests –
a. Completeness test - The law sets forth the
policy to be executed, carried out, or implemented by the delegate (Abakada, supra)
b. Sufficient Standard Test - The standard is sufficient if it defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. Implemented in such instances;
● Public interest
● Justice and equity
● Simplicity, sufficiency, and economy
79
FUNDAMENTAL POWERS OF THE STATE
The following are inherent in a State, inseparable from its sovereignty; hence, can be exercised even without being expressly granted in the Constitution or laws.
1. Police Power;
2. Eminent Domain;
3. T axation
80
Police Power
It is the inherent and plenary power of the state which enables it to prohibit all that is hurtful to the comfort, safety and welfare of society.
81
Police Power: Scope and Limitations
“The state in order to promote the general welfare, may interfere with personal liberty, with property, and with business and occupations.
82
Taxation and Eminent Domain as Implements on Police Power
Taxation may be used as an implement of police power [Lutz v. Araneta, G.R. No. L-7859 (1955)].
Eminent domain may be used as an implement to attain the police objective.
Specific Coverage
1. Public Health
2. Public Safety
3. Public Morals
4. General Welfare
83
Who may Exercise Police Power
Generally: Legislature
Delegated
1. President
2. Administrative Bodies
3. Law-making Bodies of LGUs
84
Limitations on Delegation of Police Power
1. Express grant by law;
2. Within the territorial jurisdiction of LGUs;
3. Must not be contrary to law
85
Exercise of Police Power is subject to judicial inquiry
Legislature’s determination as to what is a proper exercise of its police powers is not final or conclusive, but is subject to the supervision of the court.
86
Example of a Legitimate Exercise of Police Power
RA 9257, the Expanded Senior Citizens Act of 2003, is a legitimate exercise of police power.
87
Eminent Domain
The right of eminent domain is the ultimate right of the sovereign power to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, to public purpose.
88
Eminent Domain: Scope and Limitations
The exercise of such right is not unlimited, for two mandatory requirements should underlie the Government’s exercise of the power of eminent domain, namely:
(1) that it is for a particular public purpose;
(2) that just compensation be paid to the property owner
89
Who may Exercise Eminent Domain
Generally: Legislature
Delegated (through charter):
1. LGUs
2. Other Government entities
90
Requisites for the Valid Exercise of Eminent Domain
1. Necessity
2. Private Property
3. Public Use
4. Taking
5. Just Compensation 6. Due Process
91
Just Compensation
Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. The measure is not the taker's gain, but the owner's loss.
The word "just" is used to intensify the meaning of the word "compensation" and to convey thereby the idea that the equivalent to be rendered for the property to be taken shall be real, substantial, full, and ample.
92
Determination of Just Compensation
General Rule: Computed at the time of the filing of the complaint for expropriation (Sec. 4, Rule 67, ROC)
Exception: At the time of taking, when taking precedes filing of the complaint.
It is also important to note that inflation will not be considered in determining what the value is.
93
Two stages of Eminent Domain
1. Determination of the authority of the expropriator to exercise the power of eminent domain and the propriety of its exercise
2. Determination by the court of the just compensation
94
Taxation
It is the power by which the State raises revenue to defray the necessary expenses of the Government. It is the enforced proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of the government and for all public needs.
95
Purpose of Taxation
1. To raise revenue
2. Tool for regulation
3. Protection/power to keep alive
96
Tax Exemptions
No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress
97
NATIONAL TERRITORY
1. Philippine archipelago, with all the islands and waters embraced therein
2. Internal waters – waters around, between, and connecting the islands of the archipelago, regardless of breadth and dimension
3. All other territories over which the Philippines has sovereignty or jurisdiction. It consists of —
(a) T erritorial sea, seabed, subsoil, insular shelves, and other submarine areas
(b) T errestrial, fluvial, and aerial domains [Article I, 1987 Constitution]
98
Philippine Domains
a. Terrestrial,
b. Fluvial,
c. Aerial
99
Archipelagic Doctrine
A body of water studded with islands, or the islands surrounded with water, is viewed as a unity of islands and waters together forming one integrated unit.
100
Treaty limits of the Philippine archipelago
(1) Treaty of Paris of 10 December 1898: “Spain cedes to the United States the archipelago known as the Philippines Islands, and comprehending the islands lying within the following line” xxx
Article 3 defines the metes and bounds of the archipelago by longitude and latitude, degrees and seconds.
(2) Treaty of Washington of 7 November 1900 between the United States and Spain: Ceding Cagayan, Sibuto and Sulu.
(3) Treaty of 12 January 1930 between the United States and Great Britain: Ceding the Turtle and Mangsee Islands [BERNAS (2003), cited in Justice Velasco’s concurring opinion in Magallona v. Ermita (2011)].
101
Methods of Baseline Determination
Baselines laws such as RA 9522 are enacted by United Nations Convention on the Law of the Seas III (UNCLOS III) States parties to mark-out specific basepoints along their coasts from which baselines are drawn, either straight or contoured, to serve as geographic starting points to measure the breadth of the maritime zones and continental shelf. UNCLOS III and its ancillary baselines laws play no role in the acquisition, enlargement or, as petitioners claim, diminution of territory.
102
Straight baseline method
Consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast, in order to delineate the internal waters from the territorial waters of an archipelago. [Note: This is the method prescribed under the UNCLOS]
103
LP - Scope and Limitations
Legislative power is the authority to make laws and to alter and repeal them.
104
Who May Exercise Legislative Power
1. Congress
Legislative power shall be vested in the Congress, which consists of a Senate and a House of Representatives. [Sec. 1, Art. VI].
Grant of legislative power to Congress is plenary. Congress may legislate on any subject matter provided that constitutional limitations are observed.
2. Regional/Local Legislative Power
N.B. A regional assembly exists for the ARMM. Exercise of Legislative Powers by Local
Government
105
R.A. 6735
An Act Providing for a System of Initiative and Referendum and Appropriating Funds Therefor” This is valid for
(a) laws,
(b) ordinances,
(c) resolutions, but not amendments to the Constitution [Defensor-Santiago, supra].
Congress may delegate legislative powers to the president in times of war or in other national emergencies [David v. Macapagal-Arroyo, G.R. No. 171396 (2006)].
106
The President Under Martial Law or in a Revolutionary Government
Congress may delegate legislative powers to the president in times of war or in other national emergencies [David v. Macapagal-Arroyo, G.R. No. 171396 (2006)].
107
Senate & HoR Composition
Senate:
24 senators elected at large
HoR:
Not more than 250 members, unless otherwise provided by law, consisting of:
a. District Representatives
b. Party-List Representatives
108
Senate Qualifications
a. Natural-born citizen
b. At least 35 years old on the day of the election
c. Able to read and write
d. A registered voter
e. Resident of the Philippines for at least 2 years immediately preceding the day of the election
109
HoR Qualifications
a. Natural-born citizen b. At least 25 years old on the day of the election
c. Able to read and write
d. A registered voter in the district he seeks to represent
e. A resident of the said district for at least 1 year immediately preceding the day of the election
110
HoR & Senate Term of Office
HoR: 6 years
Senate: 3 years
111
Term Limits
Senate: 2 consecutive terms
HoR: 3 consecutive terms
112
District Representatives
Elected from legislative districts apportioned among the provinces, cities, and Metro Manila area.
113
Rules on Apportionment of Legislative Districts
1. Apportionment of legislative districts must be by law which could be a:
a. General Apportionment Law; or
b. Special Law (i.e. creation of new provinces)
2. Proportional representation based on number of inhabitants:
a. Each city with a population of at least 250,000 shall have at least 1 representative.
b. Each province, irrespective of the number of inhabitants, shall have at least 1 representative.
3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. (N.B. Anti- gerrymandering provision)
4. Re-apportionment by Congress within 3 years after the return of each census.
114
Apportionment
Refers to the determination of the number of representatives which a State, county, or other subdivision may send to a legislative body, while “reapportionment” refers to the realignment or change in legislative districts brought about by changes in population and mandated by the constitutional requirement of equality of representation [Bagabuyo v. COMELEC, supra].
115
Party-ListSystem
Party-List Representatives
They shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations.
116
Sectoral Representatives
For 3 consecutive terms from 2 February 1987, 1⁄2 of the party-list seats shall be allotted to sectoral representatives to be chosen by appointment or election, as may be provided by law. Until a law is passed, they are appointed by the President from a list of nominees by the respective sectors [Sec. 7, Art. XVIII].
Note: The party-list system is not synonymous with sectoral representation [Atong Paglaum v. COMELEC, G.R. No. 203766 (2013), citing the 1986 Constitutional Commission Records].
117
Atong Paglaum Guidelines
1. Three different parties or organizations may participate in the party-list system:
a. National;
b. Regional;
c. or sectoral;
2. National and regional parties or orgs do
not need to (a) organize along sectoral lines, or (b) represent any “marginalized or underrepresented” sector;
3. Political parties may participate in the party-list system provided:
a. they register under the party-list
system;
b. they do not field candidates in
legislative district elections.
i. A party that participates in the
legislative district elections may still participate in the party-list through a sectoral wing.
ii. The sectoral wing can be part of the political party’s coalition, but the former must be registered
independently in the party-list
system.
4. Sectoral parties or orgs may either be (a)
“marginalized or underrepresented” (e.g. labor, peasant, fisherfolk); or (b) “lacking in well-defined political constituencies” (e.g. professionals, women, elderly, youth)
5. The nominees of sectoral parties or orgs, of either type, must (a) belong to their respective sectors, or (b) have a track record of advocacy for their respective sectors. Majority of the members of a sectoral party, of either type, must belong to the sector they represent.
6. National, regional, or sectoral parties or orgs shall not be disqualified if some of their nominees are disqualified, provided they have at least 1 nominee who remains qualified [AtongPaglaum, supra].
118
PL: Qualified Sectors
1. Labor
2. Peasant
3. Fisherfolk
4. Urban Poor
5. Indigenous Cultural Communities
6. Elderly
7. Handicapped
8. Women
9. Youth
10. Veterans
11. Overseas Workers
12. Professionals
119
Four parameters of the party-list system
1. 20% Allocation - 20% of the total number of the membership of the House of Representatives is the maximum number of seats available to party-list organizations
2. 2% Threshold - Garnering 2% of the total votes cast in the party-list elections guarantees a party- list organization one (1) seat
3. Additional Seats - The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. This distribution will continue until all the seats have been filled
4. 3-Seat Cap - The three-seat cap is constitutional
120
Rules on Computation of Seats: 2- Round Allocation
Step 1: Compute total number of seats allocated for party-list representatives
Step 2: Rank all party-list candidates from highest to lowest based on the number of votes they garnered.
Step 3: Compute for each party-list candidate’s percentage of votes garnered in relation to the total number of votes cast for party-list candidates.
Step 4: Round 1 – Allocate one (1) seat each for a party-list that garnered at least 2% of the total number of votes.
Step 5: Round 2 – Assign additional seats from the balance (i.e. total number of party-list seats minus
Round 1 allocations) by:
a. Allocating one (1) seat for every whole integer (e.g. if a party garners 2.73% of the vote, assign it two (2) more seats; if 1.80%, assign it one (1) more seat); then
b. Allocating the remaining seats (i.e. total seats minus Round 1 and Round 2a allocations) to those next in rank until all seats are completely distributed.
Step 6: Apply the 3-Seat Cap, if necessary [See BANAT v. COMELEC, supra].
121
The formula to determine the additional seats to be awarded would be:
(Total number of Party-list seats available) - (Number of seats allocated in the first round) x (Proportion or Percentage of votes garnered by the Party) = Additional seats awarded
122
Privileges
a. Salaries
b. Freedom from Arrest
c. Speech and Debate Clause
123
Salaries
Expiration of the full term of all Members of the Senate and the House of Representatives” is singular and means that the increase may only take effect upon the expiration of the terms of both houses who passed the law increasing said salary
124
Freedom from Arrest
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session.
125
Speech and Debate Clause
No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof [Sec. 11, Art. VI].
This means the Senator or Member of the House can still be questioned and held liable in Congress.
To come under the guarantee, the speech or debate must be one made "in Congress or in any committee thereof."
Publication of an allegedly libelous letter is not covered by the privilege
126
Inhibitions and Disqualifications
a. May not hold any other office or employment in the government during his term without forfeiting his seat [Sec. 13, Art. VI]
b. May not be appointed to any office created or whose emoluments were increased during the term for which he was elected [Sec. 13, Art. VI]
c. Shall not be financially interested, directly or indirectly, in any contract with, or franchise or special privilege granted by the government during his term of office [Sec. 14, Art. VI]
d. Shall not intervene in any matter before any office of the government when it is for his pecuniary benefit or where he may be called upon to act on account of his office [Sec. 14, Art. VI]
e. Cannot personally appear as counsel before any court, electoral tribunal, quasi judicial and administrative bodies during his term of office [Sec. 14, Art. VI]
127
Incompatible Office
The forfeiture of the seat in Congress shall be automatic upon a member’s assumption of such office deemed incompatible.
128
Forbidden Office
One to which a member cannot be appointed even if he is willing to give up his seat in Congress. The effect of his resignation from the Congress is the loss of his seat therein but his disqualification for the forbidden office nevertheless remains.
129
Sec. 14, Art. VI
The Pork Barrel System “runs afoul” of Sec. 14, Art. VI, because in “allowing legislators to intervene in the various phases of project implementation – a matter before another office of government – [Pork Barrel] renders them susceptible to taking undue advantage of their own office” [Belgica, supra].
130
Duty to Disclose
a. SALN
b. Financial and Business Interests; Potential Conflicts of Interest
c. Amounts paid to/expenses incurred by each member
131
When to disclose: SALN
1. Within 30 days after assuming office
2. On or before April 15 after the closing of the calendar year
3. Upon expiration of term of office, resignation or separation from office
132
Who must declare: SALN
1. President
2. Vice President
3. Members of the Cabinet 4. Members of Congress 5. Members of the SC
6. Members of the Constitutional Commission and other Constitutional Offices
7 Officers of the Armed Forces with general or flag rank [Art XI, Sec 17]
133
Quorum
Sec. 16(2), Art. VI. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.
134
Computing a Quorum
In computing a quorum, members who are outside the country, thus outside of each House’s coercive jurisdiction, are not included.
135
Doctrine of Shifting Majority
For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required.
136
Exceptions to Doctrine of Shifting Majority
Votes where requirement is based on “ALL THE MEMBERS OF CONGRESS”: requirement is based on the entire composition of a House or Congress (in its entirety), regardless of the number of Members present or absent.
137
Voting: Senate shall elect its President and the Speaker of the House
Majority, Separately; All respective members
138
Voting: Punish for disorderly behavior and may SUSPEND or EXPEL
2/3 votes, Separately; All respective members
139
Voting: Override Presidential Veto
2/3 votes, Separately (House where the bill originated votes first)
140
Voting: Tax Exemption Grant
Majority,
141
Voting: Elect President in case of tie
Majority, voting separately
142
Voting: VP Appointment Confirmation
Majority, Separately
143
Voting: Congress affirming that the President is unable to discharge powers and duties
2/3, Congress
144
Voting: Propose amendments as Constitutio
3/4, voting separately
145
Voting: Call for Constitutional Convention
2/3, voting separately
146
DISCIPLINE OF MEMBERS: Congress
Each house may punish its members for disorderly behavior, and with the concurrence of 2/3 of ALL its members, with: [SED-FIC]
* Suspension
* Expulsion
147
PROCESS OF LAW- MAKING
Requirements as to bills
1. As to titles of bills
2. Requirements as to Certain Laws
148
One Subject One Title Rule
1. T o prevent hodge-podge, "log-rolling", or the smuggling in of "riders", that is, "any act containing several subjects dealing with unrelated matters representing diverse interests.
2. To prevent surprise or fraud upon the legislature
3. To fairly apprise the people of the subjects of legislation that are being considered in order that they may have the opportunity of being heard thereon, by petition or otherwise, if they should so desire.
4. But the title need not be a complete catalogue of a bill. In any case, a title must not be "so uncertain that the average
5. The title of the bill is controlling over the
text.
149
3 ways for the bill to become a law
(1) When it is approved by the President;
(2) When the vote of the President is
overridden by a two-thirds vote of all the
members of both houses;
(3) Upon failure of the President to veto the bill
and to return it with his objections, to the House where it originated, within 30 days after the date of receipt
150
Electoral Tribunals
1. Senate Electoral Tribunal (SET)
2. House Electoral Tribunal (HRET)
151
ET: Composition
1. 3 Supreme Court justices, designated by Chief Justice; Senior Justice in the Electoral Tribunal shall be its Chairman
2. 6 members of the Senate or House, as the case may be, chosen on the basis of proportional representation from parties
152
Commission On Appointments
Composition
a. Senate President as ex-officio chairman
(shall not vote except in case of a tie)
b. 12 Senators
c. 12 Members of the HOR
153
Rule on Proportional Representation
The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.
154
Requisites of Legislative Inquiries:
1. Must be in aid of legislation;
2. Is in accordance with duly published rules
of procedure;
3. Right of persons appearing in or affected
by such inquiries shall be respected
155
Comparison Between Legislative Inquiries and Question Hour
Topic:
LI: In aid of legislation
QH: On any matter pertaining to the subject’s department
Persons Subjected
LI: Any person upon subpoena
QH: Heads of departments only
Appearance of Executive Officials
LI: Appearance of executive officials generally mandatory
QH: Appearance of executive officials 1. Via request
2. Upon executive
official’s volition with the consent of the President
156
Categories of Congressional Oversight Functions
1. Scrutiny
2. Congressional Investigation
3. Legislative supervision (legislative veto)
157
Categories of Congressional Oversight Functions
1. Scrutiny
2. Congressional Investigation
3. Legislative supervision (legislative veto)
158
Regalian Doctrine
Sec. 2, Art. XII. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated
159
Filipino Citizens, or 100% Filipino Corporations
Use and enjoyment of marine wealth, exclusive to Filipino citizens [Sec. 2, par. 2, Art. XII]
Rules on agricultural lands [Sec. 3, Art. XII] (1) Citizens may lease only < 500 ha. (2) Citizens may acquire by purchase, homestead or grant only < 12 ha.
Practice of professions, save in cases provided by law [Sec. 14(2), Art. XII]
Small-scale utilization of natural resources, as may be provided by law [Sec. 2(3), Art. XII]
160
Filipino Citizens, or 60-40 Filipino Corporation s
Co- production, Joint venture, and Production sharing agreements over natural resources [Sec. 2(1), Art. XII] Agreements shall not exceed a period of 25 years renewable for another 25 years
Educational Institutions [Sec. 4(2), Art. XIV] Congress may increase Filipino equity participation
Areas of Investment as Congress may prescribe (Congress may prescribe a higher percentage) [Sec. 10, Art. XII]
Operation of public utilities [Sec. 11, Art. XII]
Cannot be for longer period than 50 years
Executive and managing officers must be Filipino
161
Filipino Citizens, or 70-30 Filipino Corporation s
Engagement in advertising Industry [Sec. 11, Art. XVI]
162
Sec. 3, Art. XII
The Constitution holds that private corporations or associations may not hold alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years, and not to exceed 1000 ha. in area, [Sec. 3, Art. XII] but the Constitution does not specify the capital requirements for such corporations
163
Filipino First
Sec. 10, Art. XII. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.
Such provision is per se enforceable and requires no further guidelines or implementing rules or laws for its operation [Manila Prince Hotel v. GSIS, G.R. No. 122156 (1997)].
164
Sec. 12, Art. XII
The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.
165
Service Contracts Not Prohibited
1. Financial and Technical Assistance
Agreements (FTAA): even supposing they are service contracts, these are not prohibited agreements in the contemplation of the Constitution
2. Philippine Mining Law (RA 7942)
3. Its Implementing Rules and Regulations, insofar as they relate to financial and
technical agreements
166
Requisites for a valid service contract under the Constitution
1. A general law that will set standards or
uniform terms, conditions, and
requirements
2. The president shall be the signatory for the
government
3. Within thirty (30) days of the executed
agreement, the President shall report it to Congress
167
Sec. 11, Art. XII
No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least 60% of whose capital is owned by such citizens, nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years
168
Nature of a Franchise
1. It is a privilege not a right
2. Shall NOT be exclusive;
3. Shall NOT be for a period of more than 50 years;
4. Shall be subject to amendment, alteration
or repeal by Congress
169
Lands of the Public Domain are classification
1. Agricultural Lands
2. Forest or Timber Lands
3. Mineral Lands
4. National Park
170
Sec. 3, Art. XII
Alienable lands of the public domain shall be limited to agricultural lands
171
Private Lands
General Rule: No private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain [Sec. 7, Art. XII].
Exceptions
1. Hereditary succession [Sec. 7, Art. XII]
2. A natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. [Sec. 8, Art. XII]
172
Consequence of sale to non-citizens
Any sale or transfer in violation of the prohibition is null and void
173
Can a former owner file an action to recover the property
Yes. The Court in Philippine Banking Corp. v. Lui She [G.R. No. L-17587 (1967)] provided an exception to the application of the principle of in pari delicto. Thus, the action will lie.
174
Aliens & Condominium units
Foreigners are allowed to own condominium units and shares in condominium corporations up to not more than 40% of the total and outstanding capital stock of a Filipino-owned or controlled corporation. Under this set up, the ownership of the land is legally separated from the unit itself.
175
Sec. 14, Art. XII
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in the case prescribed by law.
176
Public Trust Doctrine
The Public Trust Doctrine was derived from American jurisprudence, imposing a duty upon the State and its representatives of continuing supervision over the taking and use of appropriated water, and reaffirming the superiority of public rights over private rights for critical resources
