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PRE-BAR REVIEW NOTES IN POLITICAL LAW (As Based on the Lecture by JUDGE ESTELA ALMA A.

SINGCO)

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE INATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Archipelagic Doctrine- The waters around, between, and

connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Archipelagic Baselines- Basis: UNCLOS- How to treat Kalayaan Group of Islands and

Scarborough Shaol: whether to include or to exclude them from the baselines; and/or consider as part of the regime of islands.

200-Economic Zone (includes Territorial Seas and

Contiguous Zone) - READ: UN Convention on the Law of the Sea.

Contiguous Zone - (12 nm from the end of territorial seas)

Teritorial seas/maritime domain - (12 nm from baseline)

Internal waters- Reagan vs. CIR, 30 SCRA 968: An exception

to the full and complete power of a nation within its territories is by virtue of the consent of the nation itself. The embassy premises of a foreign power are within the territorial domain of the host State. The ground occupied as embassy premises is not the territory of the foreign State to which the premises belong.

Kalayaan Island Groupa) historic rightb) P.D. No. 1596

c) Note: pending billARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

Republicanism

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Separation of Powers

Principles of Blending of Powers and Checks & Balances

- Under the principle of separation of powers, courts cannot interfere with the exercise by the legislature of its authority to conduct investigations in aid of legislation (Senate Blue Ribbon vs Majaducon, GR # 136760, July 29, 2003; Executive privilege - Neri vs. Senate Committee, GR. No. 180643, March 25, 2008)

Judicial Review: Requisites (Francisco, et al. vs. HR, et al., November 10, 2003; ABAKADA Guro Party List, et al. vs. Executive Secretary Ermita, September 1, 2005; David et al. vs. Ermita, et al., April 20, 2006).

- With RA No. 7160, the union of legislative and executive powers in the office of the local chief executive under the BP Blg. 337 has been disbanded, so that either department now comprises different and non-intermingling official personalities with the end in view of ensuring a better delivery of public service and provide a system of check and balance between the two. The avowed intent of RA No. 7160, therefore, is to vest on the Sangguniang Panlalawigan independence in the exercise of its legislative functions vis-a-vis the discharge by the Governor of the executive functions. (Atienza vs. Villarosa, May 10, 2005).

Non-Delegation of legislative power (Abakada Guro Party List vs. Executive Secretary, September 1, 2005; Epira case-Gerochi vs. DOE, GR. No. 159796).

Permissible delegation:1. tariff powers of the President

- (Sec. 28 (2) Art. VI)2. emergency power of the President

- (Sec. 23 (2) of Art. VI)3. people

- (Sec. 32 of Art. VI)- (Sec. 10 of Art. X)- (Sec. 2 of Art. XVII)- (RA 6735)

4. local governments - (Art X)

5. administrative bodies - (power of subordinate legislation)

Tests of valid delegation:1. completeness test2. sufficient standard test (Santiago vs. COMELEC, 3/19/97) (Abakada Guro Party List vs. Exec. Sec.)

Incorporation Clause

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,

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equality, justice, freedom, cooperation, and amity with all nations.

By the doctrine of incorporation, the country is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. [Tanada vs. Angara, May 2, 1997] Lim vs. Exec. Sec. , April 11, 2002: Generally accepted principles of International Law, the provisions of a treaty are always subject to qualification or amendment by a subsequent law, or that it is subject to the police power of the State.

The doctrine of incorporation is applied whenever municipal tribunals (or local courts) are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state. Efforts should first be exerted to harmonize them, so as to give effect to both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles of international law in observance of the Incorporation Clause in the above-cited constitutional provision (Cruz, Philippine Political Law, 1996 ed., p. 55). In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts (Ichong vs. Hernandez, 101 Phil. 1155 [1957]; Gonzales vs. Hechanova, 9 SCRA 230 [1963]; In re: Garcia, 2 SCRA 984 [1961]) for the reason that such courts are organs of municipal law and are accordingly bound by it in all circumstances (Salonga & Yap, op. cit., p. 13). The fact that international law has been made part of the law of the land does not pertain to or imply the primacy of international law over national or municipal law in the municipal sphere. The doctrine of incorporation, as applied in most countries, decrees that rules of international law are given equal standing with, but are not superior to, national legislative enactments. Accordingly, the principle lex posterior derogat priori takes effect – a treaty may repeal a statute and a statute may repeal a treaty. In states where the constitution is the highest law of the land, such as the Republic of the Philippines, both statutes and treaties may be invalidated if they are in conflict with the constitution. [Sec. of Justice vs. Lantion]

There is no obligatory rule derived from treaties or conventions that requires the Philippines to recognize foreign judgments, or allow a procedure for the enforcement thereof. However, generally accepted principles of international law, by virtue of the incorporation clause of the Constitution, form part of the laws of the land even if they do not derive from treaty obligations. The classical formulation in international law sees those customary rules accepted as binding result from the combination two elements: the established, widespread, and consistent practice on the part of States; and a psychological element known as the opinion juris sive necessitates (opinion as to law or necessity). Implicit in the latter element is a belief that the practice in question is rendered obligatory by the existence of a rule of law requiring it. (Mijares, et al. vs. Javier, et al., April 12, 2005)

Pharmaceutical and Health Care Association of the Philippines, vs. Duque, et al., GR No. 1703034, October 9, 2007 - Customary

international law is deemed incorporated into our domestic system.

Civilian Supremacy

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.

IBP vs. Zamora , 338 SCRA 81, (2000): The calling of the marines constitutes permissible use of military assets for civilian enforcement. Notwithstanding the conduct of joint visibility patrols by the members of PNP and the Philippine marines, the Metro Manila Police Chief is the overall leader and it is the local police forces who are in charge at all times.

The vitality of the tenet that the President is the commander-in-chief of the Armed Forces is most crucial to the democratic way of life, to civilian supremacy over the military, and to the general stability of our representative system of government. The Constitution reposes final authority, control and supervision of the AFP to the President, a civilian who is not a member of the armed forces, and whose duties as commander-in-chief represent only a part of the organic duties imposed upon the office, the other functions being clearly civil in nature. Civilian supremacy over the military also countermands the notion that the military may bypass civilian authorities, such as civil courts, on matters such as conducting warrantless searches and seizure. The ability of the President to prevent military officers from testifying before Congress does not turn on executive privilege, but on the Chief Executive’s power as commander-in-chief to control the actions and speech of members of the armed forces. The President’s prerogatives as commander-in-chief are not hampered by the same limitations as in executive privilege. The President could, as a general rule, require military officers to seek presidential approval before appearing before Congress is based foremost on the notion that a contrary rule unduly diminishes the prerogatives of the President as commander-in-chief (Gudani vs. Senga, August 15, 2006).

Courts-martial are instrumentalities of the Executive to enable the President, as Commander-in-Chief, to effectively command, control, and discipline the armed forces (see Ruffy v. Chief of Staff, 75 Phil. 875 [1946], citing Winthrop’s Military Law and Precedents, 2nd edition, p. 49). In short, courts-martial form part of the disciplinary system that ensures the President’s control, and thus civilian supremacy, over the military. At the apex of this disciplinary system is the President who exercises review powers over decisions of courts-martial (citing Article 50 of the Articles of War; quoted provisions omitted). [Gonzales, et al vs. Gen. Abaya, G.R. No. 164007, August 10, 2006]

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.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the

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enjoyment by all the people of the blessings of democracy. Separation of the Church and State

Section 6. The separation of Church and State shall be inviolable.

Estrada vs. Escritor , June 22, 2006: It is indubitable that benevolent neutrality-accommodation, whether mandatory or permissive, is the spirit, intent and framework underlying the Philippine Constitution. Benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend “compelling state interest”.

Only the prevention of an immediate and grave danger to the security and welfare of the community can justify the infringement of religious freedom. If the government fails to show the seriousness and immediacy of the threat, State intrusion is constitutionally unacceptable. In a society with a democratic framework like ours, the State must minimize its interference with the affairs of its citizens and instead allow them to exercise reasonable freedom of personal and religious activity. [Islamic Da’Wah Council of the Philippines vs. Office of the Executive Secretary, July 9, 2003]

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.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Balanced & 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.

The right to a balanced and healthful ecology is a fundamental legal right that carries with it the correlative duty to refrain from impairing the environment. This right implies, among other things, the judicious management and conservation of the country’s resources, which duty is reposed in the DENR. (Prov. of Rizal vs. Exec. Sec., December 13, 2005)

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.

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community- based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Local Autonomy

Section 25. The State shall ensure the autonomy of local governments.

Basco vs. Pagcor : The power of local government to impose taxes and fees is always subject to limitations which Congress may provide by law. The principle of local autonomy under the 1987 constitution simply means decentralization. It does not make local governments sovereign within the state of an “imperium in imperio” (unlike in a Federal System). The matter of regulating, taxing or otherwise dealing with gambling is a State concern and hence, it is the sole prerogative of the State to retain it or delegate it to local governments.

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Limbona vs. Mangelin , 170 SCRA 786: Under the constitution, provinces, cities, municipalities and barangay enjoy local autonomy subject to the supervision of the national government acting through the President (and the Department of Local Government). Autonomous regions in Muslim Mindanao and in the Cordilleras, on the other hand, are subject alone to the decree of the organic act creating them and accepted principles on the effects and limits of autonomy.

National Liga ng mga Barangay vs. Paredes , 439 SCRA 130: President’s power of general supervision, as exercised by the DILG, extends to Liga ng mga Barangay.

*NOTE: (Details refer to Article X)

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE IVCITIZENSHIP

Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

(4) Those who are naturalized in accordance with law.

Valles vs. COMELEC , 337 SCRA 543: Having a Filipino father at the time of birth makes one a Filipino. Having an Australian passport and an alien certificate of registration does not constitute an effective renunciation of citizenship and does not militate against the claim of Filipino citizenship.

Co vs. HRET , 199 SCRA 692: An attack on a person’s citizenship may be done through a direct action for its nullity.

Re: Vicente Ching , 316 SCRA 1: There are two conditions in order that the election of Philippine citizenship is effective:

1. the mother of the person making the election must be citizen of the Philippines; and

2. said election must be made upon reaching the age of majority.

Bengson vs. HRET , May 7, 2001- Repatriation may be had under various statutes by those who lost their citizenship due to: 1) desertion of the AFP; 2) served in the armed forces of the allied forces in WWII; 3) service in the AF of the US at any other time; 4) marriage of a Filipino woman to an alien; 5) political and economic necessity.

R.A. No. 8171, which has lapsed into law on 23 October 1995, is an act providing for the repatriation (a) of Filipino women who have lost their Philippine citizenship by marriage to aliens and (b) of natural-born Filipinos who have lost their Philippine citizenship on account of political or economic necessity. [Angat vs. RP, September 14, 1999; Tabasa vs. CA, GR. No. 125793, August 29, 2007]

Repatriation simply consists of the taking of an oath of allegiance to the RP and registering said oath in the Local civil Registry of the place where the person concerned resides or last resided.

Altarejos vs. COMELEC , 441 SCRA 655- In addition to the taking the oath of allegiance to the Republic of the Philippines, the registration of the Certificate of Repatriation in the proper civil registry and the Bureau of Immigration is a prerequisite in effecting the repatriation of a citizen.

Repatriation retroacts to the date of the filing of one’s application for repatriation. Supra.

Repatriation results in the recovery of the original nationality. If he was originally a natural born citizen before he lost his citizenship, he will be restored to his former status as natural born Filipino.

NATURAL BORN

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

- Read Sections 2 and 4 of RA 9225, amending CA 63, otherwise known as Citizenship Retention and Reacquisition Act (August 29, 2003) including citizens repatriated and unmarried children, whether legitimate or illegitimate or adopted, below 18 years of age of those repatriated.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

DUAL CITIZENSHIP

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

- Mercado vs. Manzano, 307 SCRA 630: - The phrase “dual citizenship” in RA 7160 must be understood as referring to dual allegiance

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(especially for naturalized citizens). In filing a certificate of candidacy, the person with dual citizenship effectively renounces his foreign citizenship. The oath of allegiance contained in the certificate of candidacy constitutes sufficient renunciation.

Effective nationality principle (Nottebohm case)- The Nottebohm case cited by the petitioner invoked the international law principle of effective nationality which is clearly not applicable to the case at bar. This principle is expressed in Article 5 of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: Art. 5. Within a third State a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status an of any convention in force, a third State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. Nottebohm was a German by birth but a resident of Guatemala for 34 years when he applied for and acquired naturalization in Liechtenstein one month before the outbreak of World War II. Many members of his family and his business interests were in Germany. In 1943, Guatemala, which had declared war on Germany, arrested Nottebohm and confiscated all his properties on the ground that he was a German national. Liechtenstein thereupon filed suit on his behalf, as its citizen, against Guatemala. The International Court of Justice held Nottebohm to be still a national of Germany, with which he was more closely connected than with Liechtenstein.

AASJS, Calilung vs. Datumanong , GR No. 160869, May 11, 2007- It is clear that the intent of the legislature in drafting Rep. Act No. 9225 is to do away with the provision in Commonwealth Act No. 63 which takes away Philippine citizenship from natural-born Filipinos who become naturalized citizens of other countries. What Rep. Act No. 9225 does is allow dual citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their naturalization as citizens of a foreign country. On its face, it does not recognize dual allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship. Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. What happens to the other citizenship was not made a concern of Rep. Act No. 9225. xxx To begin with, Section 5, Article IV of the Constitution is a declaration of a policy and it is not a self-executing provision. The legislature still has to enact the law on dual allegiance. In Sections 2 and 3 of Rep. Act No. 9225, the framers were not concerned with dual citizenship per se, but with the status of naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization. Congress was given a mandate to draft a law that would set specific parameters of what really constitutes dual allegiance. Until this is done, it would be premature for the judicial department, including

the Supreme Court, to rule on issues pertaining to dual allegiance.

Tecson vs. COMELEC , 424 SCRA 148; Velez vs. Poe and Fornier vs. COMELEC, March 3, 2004 - Under the Philippine Bill of 1902, a “citizen of the Philippines” was one who was an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. The term “inhabitant” was taken to include 1) a native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an inhabitant who obtained Spanish papers on or before 11 April 1899. Whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on whether or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the affirmative, whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have well been his place of residence before death, such that Lorenzo Pou would have benefited from the “en masse Filipinization” that the Philippine Bill had effected in 1902. That citizenship (of Lorenzo Pou), if acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. As Section 3, Article IV of the 1935 Constitution does not distinguish between legitimate child and illegitimate child of a Filipino father, we should not make a distinction. The civil status of legitimacy or illegitimacy, by itself, is not determinative of the Philippine citizenship.

Moy Ya Lim Yao vs. Commissioner Immigration, 41 SCRA 292- When citizenship is raised as an issue in judicial or administrative proceedings, the resolution or decision thereon is generally not considered as res judicata in any subsequent proceeding challenging the same.

Burca vs. Republic , 51 SCRA 248: EXCEPTIONS (to res judicata principle) 1.) a person’s citizenship be raised as a material issue in a controversy where the person is a party; 2.) the Solicitor General or his authorized representative took active part in the resolution thereof; and 3.) the finding on citizenship is affirmed by the Supreme Court.

Kilosbayan vs. Ermita , GR No. 177721, July 3, 2007 . The alleged subsequent recognition of his natural-born status by the Bureau of Immigration and the DOJ cannot amend the final decision of the trial court stating that respondent Ong and his mother were naturalized along with his father.

READ: Frivaldo vs. COMELEC (1989).

ARTICLE VSUFFRAGE

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READ: RA 9225 and RA 9189.

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

AKBAYAN-Youth vs. COMELEC , March 26, 2001: Where it is both impractical and illegal to conduct a two-day special registration for new voters, the COMELEC cannot be compelled to do so.

The right of suffrage is not absolute. The exercise of the right is subject to existing substantive and procedural requirements embodied in our Constitution, statute books and other repositories of law.

The right of citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others the process of registration under RA 8189 (Voter’s Registration Act of 1996).

Makalintal vs. COMELEC , July 10, 2003: The interpretation of residence is synonymous to domicile. An absentee remains attached to his residence in the Philippines, as residence is considered synonymous with domicile. Domicile means an individual’s permanent home or a place to which, whenever absent for business or for pleasure, one intends to return, and depends on facts and circumstances in the sense that they disclose intent.

Absentee voting – under Section 2 of RA 9189 – is an exception to the six-month/one-year residency requirement.

Lewis vs. COMELEC , August 4, 2006: There is no provision in the dual citizenship law - R.A. 9225 - requiring "duals" to actually establish residence and physically stay in the Philippines first before they can exercise their right to vote. On the contrary, R.A. 9225, in implicit acknowledgment that “duals” are most likely non-residents, grants under its Section 5(1) the same right of suffrage as that granted an absentee voter under R.A. 9189 (election for president, v-pres., senators and congressmen). It cannot be overemphasized that R.A. 9189 aims, in essence, to enfranchise as much as possible all overseas Filipinos who, save for the residency

requirements exacted of an ordinary voter under ordinary conditions, are qualified to vote.

ARTICLE VILEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reappointment of legislative districts based on the standards provided in this section.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a

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registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

Non delegation of legislative power

Gerochi vs. DOE , GR. No. 159796, July 17, 2007: Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it. The second test mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate's authority and prevent the delegation from running riot. The Court finds that the EPIRA, read and appreciated in its entirety, in relation to Sec. 34 thereof, is complete in all its essential terms and conditions, and that it contains sufficient standards. xxx In the past, accepted as sufficient standards the following: "interest of law and order;" "adequate and efficient instruction;" "public interest;" "justice and equity;" "public convenience and welfare;" "simplicity, economy and efficiency;""standardization and regulation of medical education;" and "fair and equitable employment practices." Provisions of the EPIRA such as, among others, “to ensure the total electrification of the country and the quality, reliability, security and affordability of the supply of electric power” and “watershed rehabilitation and management” meet the requirements for valid delegation, as they provide the limitations on the ERC’s power to formulate the IRR. These are sufficient standards.

Echegaray vs. Secretary of Justice : Being a mere constituent unit of the Department of Justice, the Bureau of Corrections could not promulgate a manual that would not bear the imprimatur of the administrative superior, the

Secretary of Justice as the rule making authority under RA No. 8177.

EASTERN SHIPPING LINES V. POEA , 166 SCRA 533: Power of Subordinate Legislation – with this power, administrative bodies may implement the broad policies laid down in a statute by “filling” the details which Congress may not have the opportunity or competence to provide. This is effected by their promulgation of what are known as supplementary regulations, such as the implementing rules issued by DOLE on the new Labor Code. These regulations have the force and effect of law.

ABAKADA GURO PARTY LIST vs. EXECUTIVE SECRETARY, September 1, 2005: No undue delegation of legislative power. It is simply a delegation of ascertainment of facts upon which enforcement and administration of the increase rate under the law is contingent. The legislature has made the operation of the 12% rate effective January 1, 2006, contingent upon a specified fact or condition. It leaves the entire operation or non-operation of the 12% rate upon factual matters outside of the control of the executive. Congress did not delegate the power to tax to the President.- The intent and will to increase the VAT rate to 12% came from Congress and the task of the President is simply to execute the legislative policy.

PARTY-LIST SYSTEM

BA-RA 7941 vs. COMELEC , GR No. 1777271, May 4, 2007: No national security or like concerns is involved in the disclosure of the names of the nominees of the party-list groups in question. Doubtless, the Comelec committed grave abuse of discretion in refusing the legitimate demands of the petitioners for a list of the nominees of the party-list groups subject of their respective petitions. Mandamus, therefore, lies. xxx The last sentence of Sec.7 of R.A. 7941 reading: “[T]he names of the party-list nominees shall not be shown on the certified list” is certainly not a justifying card for the Comelec to deny the requested disclosure. To us, the prohibition imposed on the Comelec under said Sec.7 is limited in scope and duration, meaning, that it extends only to the certified list which the same provision requires to be posted in the polling places on election day. To stretch the coverage of the prohibition to the absolute is to read into the law something that is not intended. As it were, there is absolutely nothing in R.A. No. 7941 that prohibits the Comelec from disclosing or even publishing through mediums other than the “Certified List” the names of the party-list nominees. The Comelec obviously misread the limited non-disclosure aspect of the provision as an absolute bar to public disclosure before the May 2007 elections. The interpretation thus given by the Comelec virtually tacks an unconstitutional dimension on the last sentence of Section 7 of R.A. No. 7941. xxx Comelec has a constitutional duty to disclose and release the names of the nominees of the party-list groups.

CIBAC vs. COMELEC , GR No. 172103, (2007): Applying the Veterans formula in petitioner’s case, we reach the conclusion that CIBAC is not entitled to an additional seat. Party-List Canvass Report No. 20 contained in the petition shows that the first party, Bayan Muna, garnered the highest number of votes, that is, a total of

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1,203,305 votes. Petitioner CIBAC, on the other hand, received a total of 495,190 votes. It was proclaimed that the first party, Bayan Muna, was entitled to a maximum of three seats based on June 2, 2004 Resolution No. NBC 04-004 of the COMELEC. A computation using the Veterans formula would therefore lead us to the following result:

No. of votes of concerned party No. of additional Additional-------------------------- x seats allocated to = Seats forNo. of votes of the first party concernedFirst party (Emphasis supplied) party

Applying this formula, the result is as follows: 495,190 –––––––– x (2) = 1,203,305 0.41152493 x 2 = 0.82304986

NB: The prevailing formula for the computation of additional seats for party-list winners is the formula stated in the landmark case of Veterans.

READ: Partido ng Manggagawa vs. COMELEC, 3/15/06.

LEGISLATIVE PERKS

Section 11. 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. 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.

PP vs. Jalosjos , 324 SCRA 689: The history of the provision granting Senators and Congressmen immunity from arrest and detention shows that the privilege has always been granted in a restrictive sense.

Parliamentary immunity guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional Hall. However, it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming of a member thereof (Osmeña vs. Pendatun).

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 13. No Senator or a Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office

which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Section 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) 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.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty for suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

QUORUM

PP vs. Jalosjos : The members of Congress cannot compel absent members to attend sessions if the reason for the absence is a legitimate one. The confinement of a Congressman charged with a crime punishable by imprisonment of more than 6 years is not merely authorized by law, it has constitutional foundations.

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Avelino vs. Cruz : When the constitution declares that a majority of each House shall constitute a quorum, it does not mean all the members. The base in computing majority is normally the total membership of the body, within the coercive power of the House.

Santiago vs. Guingona , 298 SCRA 756: The term majority simply means the greater number or more than half. Who shall sit as officers is the sole prerogative of the Senate. (Note: splitting of term between Senate President Drilon and another Senator). When the Constitution provides that the Senate President shall be elected by the majority it does not delineate who comprises the majority or the minority. The defeated senator(s) in the election for the Senate presidency are not necessarily the minority.

RULES OF PROCEEDINGS

Arroyo vs. De Venecia , 277 SCRA 268: Courts cannot inquire into the allegations that in enacting a law, a House of Congress failed to comply with its own rules in the absence of showing that there was violation of a constitutional provision or private rights. Parliamentary rules are mere procedures which may be waived or disregarded by the legislative body.

DISCIPLINING MEMBERS

Osmeña vs Pendatun : The House of Representatives is the judge of what constitutes disorderly behavior. The courts will not assume jurisdiction in any case which will amount to an interference by the judicial department with the legislature.

People vs . Jalosjos , 324 SCRA 689: His election as congressman did not thereby amount to a condonation of his offense; neither does it entitle him, pending appeal of his case, to be free from confinement and to be allowed to attend sessions of congress, for the people elected him with full awareness of the limitations on his freedom of action and movement. It was never the intention of the framers of the constitution to shield a member of congress from the consequences of his wrongdoings. A member of Congress could only invoke the immunity from arrests for relatively minor offenses, punishable at most by correctional penalties.

Paredes vs . Sandiganbayan : suspension imposed by Congress to a colleague is distinct from suspension spoken in Section 13 of RA 3019 which is not a penalty but a preliminary preventive measure, prescinding from the fact that the latter is not being imposed for misbehavior as a a member of Congress.

ELECTORAL TRIBUNALS

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be

chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be it Chairman.

Vera vs. Avelino : The members of the Senate validly suspended the oath-taking of the 3 senators elect. This does not fall within the powers of the electoral tribunal. The latter has jurisdiction only over electoral contests in which contestant seeks not only to oust the intruder, but also have himself inducted into office. Barbers vs. COMELEC , June 22, 2005: The phrase “election, returns and qualifications” should be interpreted in its totality as referring to all matters affecting the validity of the contestee’s title. But if it is necessary to specify, we can say that “election” referred to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes; “returns” to the canvass of the returns and the proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns; and “qualifications” to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty or ineligibility or the inadequacy of his certificate of candidacy.

Chavez vs. COMELEC : While the COMELEC has exclusive jurisdiction over pre-proclamation controversies involving local elective officials (Sec. 242, Omnibus Election Code), nevertheless, pre-proclamation cases are not allowed in elections for President, V-President, Senator and Members of the House of Representatives.

What is allowed is the correction of “manifest errors” in the certificate of canvass or election returns”. To be manifest, the errors must appear on the face of the certificates of canvass or election returns sought to be corrected and/or objections thereto must have been made before the board of canvassers and specifically noted in the minutes of their respective proceedings. Where the petition calls for the correction of manifest errors in the certificates of canvass, COMELEC has jurisdiction. If it calls for the re-opening and appreciation of ballots, the Electoral Tribunal has jurisdiction.

This Supreme Court’s jurisdiction to review decisions and resolutions of HRET operates only upon a showing of grave abuse of discretion on the part of the Tribunal tantamount to lack or excess of jurisdiction. Such grave abuse of discretion implies capricious and whimsical exercise of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal hostility.

Bondoc vs . Pineda : Members of the HRET as sole judge of congressional election contests are entitled to security of tenure just as members of the judiciary enjoy security of tenure under our Constitution.

Robles vs . HRET : Jurisdiction of HRET once acquired is not lost upon the instance of the parties but continues until the case is terminated.

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Abubakar vs. HRET , March 7, 2007: The Supreme Court’s jurisdiction to review decisions and resolutions of HRET operates only upon a showing of grave abuse of discretion on the part of the Tribunal tantamount to lack or excess of jurisdiction. Such grave abuse of discretion implies capricious and whimsical exercise of judgment amounting to lack of jurisdiction, or arbitrary and despotic exercise of power because of passion or personal hostility. The grave abuse of discretion must be so patent and gross as to amount to an evasion or refusal to perform a duty enjoined by law. It is absent in this case.

Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

DAZA V. SINGSON , 180 SCRA 496: The House of Representatives is authorized to change its representation in the Comm. on Appointments to reflect at any time the changes that may transpire in the political alignments of its membership. The changes must be PERMANENT and do not include temporary alliances or factional divisions not involving severance of political loyalties or formal disaffiliation and permanent shifts of allegiance from one political party to another.

The provision on Section 18 on proportional representation is mandatory in character and does not leave any discretion to the majority party in the Senate to disobey or disregard. A political party must have at least two senators to be able to have a representative in the Commission on Appointments, so that any number less than 2 will not entitle such party a membership in the CA. (Guingona v. Gonzales, 214 SCRA 789).

Pimentel, Jr. vs. House of Representatives , 11/19/02: Even assuming that party-list representatives comprise a sufficient number and have agreed to designate common nominees to the HRET and the CA, their primary recourse clearly rests with the House of Representatives and not with this Court. Under Sections 17 and 18, Article VI of the Constitution, party-list representatives must first show to the House that they possess the required numerical strength to be entitled to seats in the HRET and the CA. Only if the House fails to comply with the directive of the Constitution on proportional representation of political parties in the HRET and the CA can the party-list representatives seek recourse to this Court under its power of judicial review. Under the doctrine of primary jurisdiction, prior recourse to the House is necessary before petitioners may bring the instant case to the court. Consequently, petitioners’ direct recourse to this Court is premature. The discretion of the House to choose its members to the HRET and the CA is not absolute, being subject to the mandatory constitutional rule on proportional representation.

Pimentel III vs. COMELEC, Zubiri , March 13, 2008: It is the SET which has exclusive jurisdiction to act on the complaint of Pimentel involving, as it does, a contest relating to the election of Zubiri, now a member of the Senate.

Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member.

APPROPRIATION

Gonzales vs. Narvasa , 337 SCRA 733: The President’s creation of the Preparatory Commission on Constitutional Reform through an executive Order involves no exercise by Congress of its taxing power or spending power. The appropriation for the PCCR was authorized by the President, not by Congress. In a strict sense, appropriation has been defined as “nothing more than the legislative authorization prescribed by the Constitution that the money may be paid out of the treasury, while appropriation made by law refers to the “act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors.

IMPORTANT: LEGISLATIVE INQUIRY

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Bengzon vs. Senate Blue Ribbon (203 SRCA 76): An investigation that seeks the determination whether a law has been violated is not in aid of legislation but in aid of prosecution, and therefore, violative of separation of powers.

Section 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

EXECUTIVE PRIVILEGE is the implied constitutional power of the President to withhold information requested by other branches of the government. The Constitution does not expressly grant this power

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to the President but courts have long recognized implied Presidential powers if “necessary and proper” in carrying out powers and functions expressly granted to the Executive under the Constitution. xxx In this jurisdiction, several decisions have recognized executive privilege starting with the 1995 case of Almonte v. Vasquez, and the most recent being the 2002 case of Chavez v. Public Estates Authority and the 2006 case of Senate v. Ermita.

As Commander-in-Chief of the Armed Forcesand as Chief Executive, the President is ultimately responsible for military and national security matters affecting the nation. In the discharge of this responsibility, the President may find it necessary to withhold sensitive military and national security secrets from the Legislature or the public.

As the official in control of the nation’s foreign service by virtue of the President’s control of all executive departments, bureaus and offices, the President is the chief implementer of the foreign policy relations of the State. The President’s role as chief implementer of the State’s foreign policy is reinforced by the President’s constitutional power to negotiate and enter into treaties and international agreements. In the discharge of this responsibility, the President may find it necessary to refuse disclosure of sensitive diplomatic secrets to the Legislature or the public. Traditionally, states have conducted diplomacy with considerable secrecy. There is every expectation that a state will not imprudently reveal secrets that its allies have shared with it.

There is also the need to protect the confidentiality of the internal deliberations of the President with his Cabinet and advisers. To encourage candid discussions and thorough exchange of views, the President’s communications with his Cabinet and advisers need to be shielded from the glare of publicity. Otherwise, the Cabinet and other presidential advisers may be reluctant to discuss freely with the President policy issues and executive matters knowing that their discussions will be publicly disclosed, thus depriving the President of candid advice.

Executive privilege, however, is not absolute. The interest of protecting military, national security and diplomatic secrets, as well as Presidential communications, must be weighed against other constitutionally recognized interests. There is the declared state policy of full public disclosure of all transactions involving public interest, the right of the people to information on matters of public concern, the accountability of public officers, the power of legislative inquiry, and the judicial power to secure testimonial and documentary evidence in deciding cases.

The balancing of interests – between executive privilege on one hand and the other competing constitutionally recognized interests on the other hand – is a function of the courts. The courts will have to decide the issue based on the factual circumstances of each case. This is how conflicts on executive privilege between the Executive and the Legislature, and between the

Executive and the Judiciary, have been decided by the courts.

Akbayan vs. Aquino , G.R. No. 170516, July 16, 2008: Applying the principles adopted in PMPF v. Manglapus, it is clear that while the final text of the JPEPA may not be kept perpetually confidential – since there should be “ample opportunity for discussion before [a treaty] is approved” – the offers exchanged by the parties during the negotiations continue to be privileged even after the JPEPA is published. It is reasonable to conclude that the Japanese representatives submitted their offers with the understanding that “historic confidentiality” would govern the same. Disclosing these offers could impair the ability of the Philippines to deal not only with Japan but with other foreign governments in future negotiations. xxx Diplomatic negotiations, therefore, are recognized as privileged in this jurisdiction, the JPEPA negotiations constituting no exception. It bears emphasis, however, that such privilege is only presumptive. For as Senate v. Ermita holds, recognizing a type of information as privileged does not mean that it will be considered privileged in all instances. Only after a consideration of the context in which the claim is made may it be determined if there is a public interest that calls for the disclosure of the desired information, strong enough to overcome its traditionally privileged status.

Neri vs. Senate Committee , G.R. No. 180643, March 25, 2008: The communications elicited by the three (3) questions--- a) Whether the President followed up the (NBN) project? b) Were you dictated to prioritize the ZTE? c) Whether the President said to go ahead and approve the project after being told about the alleged bribe? ---are covered by the presidential communications privilege. First, the communications relate to a “quintessential and non-delegable power” of the President, i.e. the power to enter into an executive agreement with other countries. This authority of the President to enter into executive agreements without the concurrence of the Legislature has traditionally been recognized in Philippine jurisprudence. Second, the communications are “received” by a close advisor of the President. Under the “operational proximity” test, petitioner can be considered a close advisor, being a member of President Arroyo’s cabinet. And third, there is no adequate showing of a compelling need that would justify the limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. Conduct legislative inquiries in accordance with publish rules.

In the matter of the petition for issuance of writ of habeas corpus of Camilo Sabio, GR No. 174340, October 17, 2006: The Congress’ power of inquiry, being broad, encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed statutes. It even extends “to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish.” PCGG belongs to this class. xxx So long as the constitutional rights of witnesses, like Chairman Sabio and his Commissioners, will be respected by respondent Senate Committees, it is their duty to cooperate with them in their efforts to obtain the facts needed for intelligent

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legislative action. The unremitting obligation of every citizen is to respond to subpoenae, to respect the dignity of the Congress and its Committees, and to testify fully with respect to matters within the realm of proper investigation.

Senate vs. Ermita (E.O. 464), April 20, 2006: Ultimately, the power of Congress to compel the appearance of executive officials under Section 21 and the lack of it under Section 22 find their basis in the principle of separation of powers. While the executive branch is a co-equal branch of the legislature, it cannot frustrate the power of Congress to legislate by refusing to comply with its demands for information. Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of legislation. If the executive branch withholds such information on the ground that it is executive privileged, it must so assert it and state the reason therefore and why it must be respected.

When Congress exercises its power of inquiry, the only way for department heads to exempt themselves therefrom is by a valid claim of privilege. They are not exempt by the mere fact that they are department heads. Only one executive official may be exempted from this power — the President on whom executive power is vested, hence, beyond the reach of Congress except through the power of impeachment. It is based on her being the highest official of the executive branch, and the due respect accorded to a co-equal branch of government which is sanctioned by a long-standing custom.

The absence of any reference to inquiries in aid of legislation, must be construed as limited in its appearance of department heads in the question hour contemplated in Section 22 of Article VI, the objective of which is to obtain information in pursuit of Congress’ oversight function.

The power of oversight embraces all activities undertaken by Congress to enhance its understanding of and influence over the implementation of legislation it has enacted. Clearly, oversight concerns post-enactment measures undertaken by Congress (a) to monitor bureaucratic compliance with program objectives; (b) to determine whether agencies are properly administered; (c) to eliminate executive waste and dishonesty; (d) to prevent executive usurpation of legislative authority; and (e) to assess executive conformity with the congressional perception of public interest.

The acts done by Congress purportedly in the exercise of its oversight powers may be divided into three categories, namely: scrutiny; investigation and supervision.

Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless

sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments or agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

ENROLLED BILL DOCTRINE

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the

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President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the day of receipt thereof; otherwise, it shall become a law as if he had signed it.(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Abakada Guro Party List, et al. vs. Ermita, et al., October 18, 2005: The signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaries of both houses of Congress that it was passed are conclusive of its due enactment. A bill originating in the House may undergo such extensive changes in the Senate that the result may be a rewriting of the whole, a distinct bill may be produced. The power of the Senate to propose amendments, it can propose its own version even with respect to bills which are required by the Constitution to originate in the House.

BICAMERAL CONFERENCE COMMITTEE The Supreme Court recognizes the long standing legislative practice of giving said conference ample latitude for compromising differences between the Senate and the House. It can propose amendment in the nature of a substitute, so long as the amendment is germane to the subject of the bills before the committee. After all, its report was not final but needed the approval of both houses of Congress to become valid as an act of the legislative department.

Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

(3) Charitable institutions, churches and parsonages or covenants appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Section 31. No law granting a title of royalty or nobility shall be enacted.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

ARTICLE VIIEXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June following the day of the election and shall end at noon of the same date six years thereafter. The President shall not be eligible for any reelection. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.

No Vice-President shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered

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as an interruption in the continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.The person having the highest number of votes shall be proclaimed elected, but in case two or more shall have an equal and highest number of votes, one of them shall forthwith be chosen by the vote of a majority of all the Members of the Congress, voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice- President, and may promulgate its rules for the purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)

Section 6. The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source.

PRESIDENTIAL IMMUNITY The immunity enjoyed by a sitting president evolved through case law.

Soliven vs. Makasiar : The privilege pertains to the President by virtue of the office. There is nothing in our laws that would prevent the President from waiving the privilege. The choice of whether to exercise the privilege or to waive it is solely the President’s prerogative.

Estrada vs. Desierto : There is no basis in the contention that the immunity of the President extends to the end of the term to which he was elected notwithstanding his resignation. It is clear that the immunity of the President from suit is concurrent only with his tenure (representing the period during which the incumbent actually holds

office) and not his term (the time during which the officer may claim to hold office as a matter of right).

Romualdez vs . Sandiganbayan , 435 SCRA 371: Executive immunity applied only during the incumbency of a President.

David, et al. vs. Ermita, et al. , April 20, 2006: It is not proper to implead President Arroyo as respondent. Settled is the doctrine that the President, during his tenure of office or actual incumbency, may not be sued in any civil or criminal case, and there is no need to provide for it in the Constitution or law.

SUPREME COURT AS PRESIDENTIAL ELECTORAL TRIBUNAL Lopez vs. Roxas , 17 SCRA 755: When the law grants the Supreme Court the power to resolve an election contest between or among presidential candidates, no new or separate court is created. The law merely conferred upon the Supreme Court the functions of a Presidential Electoral Tribunal.

The power of Congress to declare who, among the candidates for President and/or Vice-President has obtained the largest number of votes, is entirely different in nature from and not inconsistent with the jurisdiction vested in the Presidential Electoral Tribunal by RA 1793. Congress merely acts as national board of canvassers, charged with the ministerial and executive duty to make said declaration, on the basis of the election returns duly certified by provincial and city boards of canvassers. Upon the other hand, the Presidential Electoral tribunal has the judicial power to determine whether or not said duly certified election returns have been irregularly made or tampered with or reflect the true results of the elections in the areas covered by each and, if not, to recount the ballots cast, and incidentally thereto, pass upon the validity of each ballot or determine whether the same shall be counted, and, in the affirmative, in whose favor, which Congress has no power to do.

In assuming the Office of Senator protestant Santiago has effectively abandoned or withdrawn her protest to the election protestee Ramos as President. (Santiago v. Ramos, 253 SCRA 559).

The fundamental rule applicable in a presidential election protest is Rule 14 of the PET Rules. It provides, “Rule 14. Election Protest. –Only the registered candidate for President or for Vice-President of the Philippines who received the second or third highest number of votes may contest the election of the President or the Vice-President, as the case may be, by filing a verified petition with the Clerk of the Presidential Electoral Tribunal within thirty (30) days after the proclamation of the winner.” Pursuant to this rule, only two persons, the 2nd and 3rd placers, may contest the election. By this express enumeration, the rule makers have in effect determined the real parties in interest concerning an on-going election contest. It envisioned a scenario where, if the declared winner had not been truly voted upon by the electorate, the candidate who received that 2nd or the 3rd highest number of votes would be the

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legitimate beneficiary in a successful election contest.

The Supreme Court ruled that it does not have any rule on substitution nor intervention but it does allow for the analogous and suppletory application of the Rules of Court, decisions of the Supreme Court, and the decisions of the electoral tribunals. Rule 3, Section 16 is the rule on substitution in the Rules of Court. This rule allows substitution by a legal representative. It can be gleaned from the citation of this rule that movant/ Intervenor seeks to appear before the Presidential Tribunal as the legal representative/substitute of the late protestant prescribed by said Section 16. However, in the Supreme Court’s application of this rule to an election contest, it has every time ruled that a public office is personal to the public officer and not a property transmissible to the heirs upon death. Thus, the Supreme Court consistently rejected substitution by the widow or the heirs in election contests where the protestant dies during the pendency of the protest.

This is not to say that death of the protestant necessarily abates the pending action. In Vda. de De Mesa (1966) the Supreme Court held that while the right to a public office is personal and exclusive to the public officer, an election protest is not purely personal and exclusive to the protestant or to the protestee such that the death of either would oust the court of all authority to continue the protest proceedings. Hence, the Supreme Court has allowed substitution and intervention but only by a real party in interest. A real party in interest is the party who would be benefited or injured by the judgment, and the party who is entitled to the avails of the suit. Herein movant/intervenor, Mrs. FPJ, herself denies any claim to the august office of President. Thus, given the circumstances of this case, we can conclude that protestant’s widow is not a real party in interest to this election protest (Ronald Allan Poe vs. GMA, PET case No. 002, March 29, 2005).

Tecson vs. COMELEC , 424 SCRA 277: The actions contemplated in Section 4, Article VII of the Constitution are post election remedies, namely, regular election contests and quo warranto. The word “contest” means that the jurisdiction of the Supreme Court only be invoked after the election and proclamation of the President or Vice-President – there can be no “contest” before a winner is proclaimed.

Section 7. The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.

If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified.

If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or have become permanently disabled, the Vice-President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified, in case of death, permanent disability, or inability of the officials mentioned in the next preceding paragraph.

VACANCY IN THE OFFICE OF THE PRESIDENT

Section 8. In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of both the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or the Vice-President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation of a majority vote of all the Members of both Houses of the Congress, voting separately.

Section 10. The Congress shall, at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election to elect a President and a Vice-President to b held not earlier than forty-five days nor later than sixty days from the time of such call. The bill calling such special election shall be deemed certified under paragraph 2, Section 26, Article VI of this Constitution and shall become law upon its approval on third reading by the Congress. Appropriations for the special elections shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this Constitution. The convening of the Congress cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice-President as Acting President.

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Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Congress shall decide the issue. For that purpose, the Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its rules and without need of call.If the Congress, within ten days after receipt of the last written declaration, or, if not in session, within twelve days after it is required to assemble, determines by a two-thirds vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the Vice-President shall act as the President; otherwise, the President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the state of his health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such illness.

Read: Estrada vs. Desierto, March 2, 2001. Also Read: TEMPORARY DISABILITY OF PRESIDENT – The question whether the claimed temporary inability of Estrada is a political question beyond the Supreme Court’s power of review. The decision that President Arroyo is the dejure President made by a co-equal branch of government cannot be reviewed by the Supreme Court.

POLITICAL QUALIFIED AGENCY (ALTER-EGO DOCTRINE)

Constantino vs. Cuisia , G.R. No. 106064, October 13, 2005: Nevertheless, there are powers vested in the President by the Constitution which may not be delegated to or exercised by an agent or alter ego of the President. Justice Laurel, in his ponencia in Villena, makes this clear: Withal, at first blush, the argument of ratification may seem plausible under the circumstances, it should be observed that there are certain acts which, by their very nature, cannot be validated by subsequent approval or ratification by the President. There are certain constitutional powers and prerogatives of the Chief Executive of the Nation which must be exercised by him in person and no amount of approval or ratification will validate the exercise of any of those powers by any other person. Such, for instance, in his power to suspend the writ of habeas corpus and proclaim martial law (PAR. 3, SEC. 11, Art. VII) and the exercise by him of the benign prerogative of mercy (par. 6, sec. 11, idem]. These distinctions hold true to this day. There are certain presidential powers which arise

out of exceptional circumstances, and if exercised, would involve the suspension of fundamental freedoms, or at least call for the supersedence of executive prerogatives over those exercised by co-equal branches of government. The declaration of martial law, the suspension of the writ of habeas corpus, and the exercise of the pardoning power notwithstanding the judicial determination of guilt of the accused, all fall within this special class that demands the exclusive exercise by the President of the constitutionally vested power. The list is by no means exclusive, but there must be a showing that the executive power in question is of similar gravitas and exceptional import. We cannot conclude that the power of the President to contract or guarantee foreign debts falls within the same exceptional class. Indubitably, the decision to contract or guarantee foreign debts is of vital public interest, but only akin to any contractual obligation undertaken by the sovereign, which arises not from any extraordinary incident, but from the established functions of governance.

APPOINTING POWER OF THE PRESIDENT

Section 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.

Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive department, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or involuntary, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress.

Sarmiento vs. Mison; Bautista vs. Salonga; Bermudez vs. Torres; Calderon vs. Carale: Congress cannot expand the constitution by increasing those officers who need prior confirmation by the CA.

Binamira vs. Garucho; Matibag vs. Benipayo, April 2, 2002: An ad interim appointment is a permanent appointment because it takes effect immediately and can no longer be withdrawn by the President once an ppointee has qualified into office. The fact that it is subject to confirmation

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by the CA does not alter its permanent character. It is effective until disapproved by the CA or until the next adjournment of Congress. It is extended only during a recess of Congress. If disapproved by CA, appointee can no longer be extended a new appointment. If by-passed, the President is free to renew the ad-interim appointment.

Pimentel, Jr. v. Office of the Executive Secretary, 462 SCRA 622, July 6, 2005: The law allows the President to make such acting appointment. The President may even appoint in acting capacity a person not yet in the government service, as long as the President deems that person competent.

Acting appointment - It is temporary in nature. It is a stop-gap measure intended to fill an office for a limited time until the appointment of a permanent occupant to the office. In case of vacancy in an office occupied by an alter ego of her choice as acting secretary before the permanent appointee of her choice could assume office. It may be extended any time there is vacancy, even while Congress is in session.

Rufino vs . Endriga , G. R. No. 139554, July 21, 2006: Under Section 16, Article VII of the 1987 Constitution, the President appoints three groups of officers. The first group refers to the heads of the Executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in the President by the Constitution. The second group refers to those whom the President may be authorized by law to appoint. The third group refers to all other officers of the Government whose appointments are not otherwise provided by law. Under the same Section 16, there is a fourth group of lower-ranked officers whose appointments Congress may by law vest in the heads of departments, agencies, commissions, or boards. xxx The President appoints the first group of officers with the consent of the Commission on Appointments. The President appoints the second and third groups of officers without the consent of the Commission on Appointments. The President appoints the third group of officers if the law is silent on who is the appointing power, or if the law authorizing the head of a department, agency, commission, or board to appoint is declared unconstitutional.

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as members of the Constitutional Commissions, or the Office of the

Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries.

CABINET SECRETARIES, UNDERSECRETARIES AND THEIR ASSISTANT SECRETARIES are prohibited from holding multiple positions and receiving compensation therefrom. (BITONIO VS. COA, 425 SCRA 437, March 12, 2004)

CONTROL OF EXECUTIVE DEPARTMENTS

Section 17. The President shall control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.

Buklod ng Kawaning EIIB vs. Zamora , July 10, 2001: The general rule has always been that the power to abolish a public office is lodged with the legislature. The exception, however, is that as far as bureaus, agencies or offices in the executive department are concerned, the President’s power of control may justify him to inactivate the functions of a particular office, or certain laws may grant him broad authority to carry out reorganization measures. The chief executive, under or laws, has the continuing authority to reorganize the administrative structure of the Office of the President.

Rufino vs. Endriga : The presidential power of control over the Executive branch of government extends to all executive employees from the Department Secretary to the lowliest clerk. This constitutional power of the President is self-executing and does not require any implementing law. Congress cannot limit or curtail the President’s power of control over the Executive branch. xxx In mandating that the President “shall have control of all executive x x x offices,” Section 17, Article VII of the 1987 Constitution does not exempt any executive office — one performing executive functions outside of the independent constitutional bodies — from the President’s power of control. xxx The President’s power of control applies to the acts or decisions of all officers in the Executive branch. This is true whether such officers are appointed by the President or by heads of departments, agencies, commissions, or boards. The power of control means the power to revise or reverse the acts or decisions of a subordinate officer involving the exercise of discretion.

COMMANDER-IN-CHIEF OF THE AFP

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or

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suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Lacson vs. Perez , May 10, 2001: The declaration by the President of ‘state of rebellion” during or in the aftermath of the May 1, 2001 seige of Malacanang is not violative of the separation of powers doctrine. The President, as Commander in chief of Armed Forces of the Philippines, may call upon such armed forces to prevent or suppress lawless violence, invasion or rebellion.

Sanlakas vs. Executive Committee , 421 SCRA 656, February 3, 2004: The President’s authority to declare a state of rebellion springs in the main from her powers as chief executive and, at the same time draws strength from her Commander-in-Chief powers pursuant to her calling out power.

Gudani vs. Senga , Augsut 15, 2006: It is on the President that the Constitution vests the title as commander-in-chief and all the prerogatives and functions appertaining to the position. Again, the exigencies of military discipline and the chain of command mandate that the President’s ability to control the individual members of the armed forces be accorded the utmost respect. Where a military officer is torn between obeying the President and obeying the Senate, the Supreme Court will without hesitation affirm that the officer has to choose the President. After all, the Constitution prescribes that it is the President, and not the Senate, who is the commander-in-chief of the armed forces. if the President or the Chief of Staff refuses to allow a member of the AFP to appear before Congress, the legislative body seeking such testimony may seek judicial relief to compel the attendance.

Integrated Bar of the Philippines vs. Zamora : The President has full discretion to call the military when in his judgment it is necessary to

do so in order to prevent or suppress lawless violence, invasion or rebellion. There is no equivalent provision dealing with the revocation or review of the President’s action to call out the armed forces.

David, et al. vs. Executive Secretary Ermita , May 3, 2006: PP 1017 constitutes the call by the President for the AFP to prevent or suppress lawless violence. However, PP 1017’s extraneous provisions giving the President express or implied power (1) to issue decrees; (2) to direct AFP to enforce obedience to all laws even those not related to lawless violence as well as decrees promulgated by the president; and (3) to impose standards on media or any form of prior restraint on the press, are ultra vires and unconstitutional. In the absence of legislation, the President cannot take over privately-owned public utility and private business affected with public interest.

The President can validly declare the existence of a state of national emergency even in the absence of congressional enactment. But the exercise of emergency powers requires a delegation from Congress.

EMERGENCY POWER GRANT TO PRESIDENTRequisites: 1) there must be a war or other emergency; 2) delegation must be for a limited period only; 3) delegation must be subject to such

restrictions as Congress may prescribe and 4) emergency powers must be exercised to

carry out a national policy declared by Congress.

David, et al. vs. Ermita: It may be pointed out that the second paragraph of the above provision refers not only to war but also to other national emergency. If the intention of the Framers of our Constitution was to withhold from the President the authority to declare a state of national emergency pursuant to Section 18, Article VII (calling-out power) and grant it to Congress (like the declaration of the existence of a state of war), then the Framers could have provided so. Clearly, they did not intend that Congress should first authorize the President before he can declare a state of national emergency. The logical conclusion then is that President Arroyo could validly declare the existence of a state of national emergency even in the absence of a Congressional enactment. But the exercise of emergency powers, such as the taking over of privately owned public utility or business affected with public interest, is different matter. This requires a delegation from Congress.

PARDONING POWER

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress.

Drilon vs. CA , 202 SCRA 370: The pardoning power of the President is final and unappealable.

Section 20. The President may contract or guarantee foreign loans on behalf of the Republic of the

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Philippines with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within thirty days from the end of every quarter of the calendar year, submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by the Government or government-owned and controlled corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law.

TREATY MAKING POWER

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.

Bayan vs. Zamora , 342 SCRA 449: It is inconsequential whether the United States treats the VFA only as an executive agreement because, under international law, an executive agreement is as binding as a treaty. (Also read USAFFE Veterans Ass. v. Treasurer 105 Phil. 1030) In the field of negotiation, the Senate cannot intrude, and Congress itself is powerless to invade it. Akbayan vs. Aquino : The doctrine in PMPF v. Manglapus that the treaty-making power is exclusive to the President, being the sole organ of the nation in its external relations, was echoed in BAYAN v. Executive Secretary where the Court held: “By constitutional fiat and by the intrinsic nature of his office, the President, as head of State, is the sole organ and authority in the external affairs of the country. In many ways, the President is the chief architect of the nation's foreign policy; his "dominance in the field of foreign relations is (then) conceded." Wielding vast powers and influence, his conduct in the external affairs of the nation, as Jefferson describes, is “executive altogether.” As regards the power to enter into treaties or international agreements, the Constitution vests the same in the President, subject only to the concurrence of at least two thirds vote of all the members of the Senate. In this light, the negotiation of the VFA and the subsequent ratification of the agreement are exclusive acts which pertain solely to the President, in the lawful exercise of his vast executive and diplomatic powers granted him no less than by the fundamental law itself. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it. x x x (Italics in the original; emphasis and underscoring supplied)

The same doctrine was reiterated even more recently in Pimentel v. Executive Secretary where the Court ruled: “In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country's sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the country's mouthpiece with respect to international affairs. Hence, the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations. In the realm of treaty-making, the President has the sole authority to negotiate with other states.” Nonetheless, while the President has the sole authority to negotiate and enter into treaties, the Constitution provides

a limitation to his power by requiring the concurrence of 2/3 of all the members of the Senate for the validity of the treaty entered into by him. x x x (Emphasis and underscoring supplied)

It has long been recognized that the power to enter into treaties is vested directly and exclusively in the President, subject only to the concurrence of at least two-thirds of all the Members of the Senate for the validity of the treaty. In this light, the authority of the President to enter into trade agreements with foreign nations provided under P.D. 1464 may be interpreted as an acknowledgment of a power already inherent in its office. It may not be used as basis to hold the President or its representatives accountable to Congress for the conduct of treaty negotiations. This is not to say, of course, that the President’s power to enter into treaties is unlimited but for the requirement of Senate concurrence, since the President must still ensure that all treaties will substantively conform to all the relevant provisions of the Constitution. It follows from the above discussion that Congress, while possessing vast legislative powers, may not interfere in the field of treaty negotiations. While Article VII, Section 21 provides for Senate concurrence, such pertains only to the validity of the treaty under consideration, not to the conduct of negotiations attendant to its conclusion. Moreover, it is not even Congress as a whole that has been given the authority to concur as a means of checking the treaty-making power of the President, but only the Senate.

Pimentel vs. Executive Secretary , July 6, 2005: Under our Constitution, the power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Although the refusal of a state to ratify a treaty which has been signed in its behalf is a serious step that should not be taken lightly, such decision is within the competence of the President alone, which cannot be encroached by this Court via a writ of mandamus. The Supreme Court has no jurisdiction over actions seeking to enjoin the President in the performance of his official duties. The Court, therefore, cannot issue the writ of mandamus prayed for by the petitioners as it is beyond its jurisdiction to compel the executive branch of the government to transmit the signed text of Rome Statute to the Senate.

Section 22. The President shall submit to the Congress within thirty days from the opening of the regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.

Section 23. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.

POWER TO CLASSIFY PUBLIC LANDS AND TO SELL THE SAME

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The power to classify lands as alienable belongs to the President. Only lands, which have been classified as alienable, may be sold. There must be a law authorizing its sale or alienation by the President or by another officer before conveyance can be executed on behalf of the government (Section 48, Book I of the 1987 Administrative Code).

Laurel vs. Garcia , 187 SCRA 797: The President may not convey valuable real property of the government on her sole will. Conveyance must be authorized by a law enacted by Congress.

POWER OF SUPERVISION OVER LOCAL GOVERNMENTS

To ensure that local affairs are administered according to law. xxx Insofar as existing legislation authorizes the President (through the Secretary of Local Government) to proceed against local officials administratively.

ARTICLE VIIIJUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

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

JUDICIAL REVIEW- Joya vs. PCGG; Kilosbayan vs. Guingona; Oposa vs. Factoran (petitioners-children); Kilosbayan vs. Morato; IBP vs. Zamora (IBP not proper party); Gonzales vs. Narvasa (private citizen not proper party).

Gudani vs. Senga , August 15, 2006: Courts are empowered, under the constitutional principle of judicial review, to arbitrate disputes between the legislative and executive branches of government on the proper constitutional parameters of power.

PROPER PARTY- In this jurisdiction, the Supreme Court adopts the “DIRECT INJURY” test. In People vs. Vera, it held that the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained, or will sustain direct injury as a result.

However, being a mere procedural technicality, the requirement of locus standi may be waived by the Supreme Court in the exercise of its discretion. Even when the petitioners have failed to show direct injury, they have been allowed to sue under the “principle of transcendental importance”. DAVID, ET AL VS. ARROYO; CHAVEZ VS. PEA, 384 SCRA 152; BAGONG ALYANSANG MAKABAYAN VS. ZAMORA, 342 SCRA 449; LIM VS. EXECUTIVE SECRETARY, 380 SCRA 739.

Taxpayers, voters, concerned citizens and legislators may be accorded standing to sue, provided that the following requirements are met:1. the cases involved constitutional issues;2. for taxpayers, there must be a claim of illegal

disbursement of public funds or that the tax measure is unconstitutional;

3. for voters, there must be a showing of obvious interest in the validity of the election law in question;

4. for concerned citizens, there must be a showing that the issues are of transcendental importance which must be settled early; and

5. for legislators, there must be a claim that the official action complained of infringes upon their prerogatives as legislators.

AIWA vs. Romulo , GR No. 157509, January 18, 2005: For a citizen to have standing, he must establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable to the challenged action; and the injury is likely to be redressed by a favorable action.

TELEBAP VS.C OMELEC - proper party1. registered voter – must show that the action

concerns his right of suffrage2. taxpayer – he has sufficient interest in

preventing the illegal expenditure of money raised by taxation.

3. corporate entity – the party suing has substantial relation to the third party; the third party cannot assert his constitutional right; the right of the third party will be diluted unless the party in court is allowed to espouse the third party’s constitutional claim.

As the case involves constitutional questions, the Supreme Court is not concerned with whether the petitioners are real parties in interest, but whether they have legal standing. LA BUGAL-B’LAAN TRIBAL ASS., INC., VS RAMOS, 421 SCRA 148.

EVEN WHEN THE ISSUES ARE MOOT AND ACADEMIC, the Court still entertains to adjudicate the substantive matter if there is a grave violation of the constitution; to formulate controlling principles to guide the bench, bar and public and capable of repetition, yet evading review. PROVINCE OF BATANGAS VS. ROMULO, 429 SCRA 736, May 27, 2004.

The moot and academic principle is not a magical formula that can automatically dissuade the courts in resolving a case. Courts will decide cases, otherwise moot and academic, if: first, there is grave violation of the constitution, second, the exceptional character of the situation and the paramount public interest is involved, third, when constitutional issue raised requires formulation of controlling principles to guide the bench, bar and the public, and fourth, the case is capable of repetition yet evading review. DAVID, ET AL. VS. ARROYO, ET AL.; SANLAKAS VS. EXEC. SEC., 421 SCRA 656; ACOP VS. GUINGONA, JR., 383 SCRA 577; ALBA-A VS. COMELEC, 435 SCRA 98.

POLITICAL QUESTIONS- are concerned with issues dependent upon the wisdom, not legality of a particular measure. QUESTIONS REGARDING ADMINISTRATIVE

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ISSUANCES will not preclude the SUPREME COURT from exercising its power of judicial review to determine whether or not there was grave abuse of discretion amounting to lack or excess of jurisdiction on the part of issuing authority under its EXPANDED JURISDICTION. BRILLANTES VS. COMELEC, 432 SCRA 269, June 15 2004.

KILOSBAYAN VS. ERMITA , GR No. 177721, July 3, 2007 - Petitioners have standing to file the suit simply as people’s organizations and taxpayers since the matter involves an issue of utmost and far-reaching Constitutional importance, namely, the qualification – nay, the citizenship – of a person to be appointed a member of this Court. xxx This case is a matter of primordial importance involving compliance with a Constitutional mandate. As the body tasked with the determination of the merits of conflicting claims under the Constitution, the Supreme Court is the proper forum for resolving the issue, even as the JBC has the initial competence to do so. xxx It is clear, therefore, that from the records of this Court, respondent Ong is a naturalized Filipino citizen. The alleged subsequent recognition of his natural-born status by the Bureau of Immigration and the DOJ cannot amend the final decision of the trial court stating that respondent Ong and his mother were naturalized along with his father.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.

FISCAL AUTONOMY

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Bengzon vs. Drilon : The Chief Justice must be given a free hand on how to augment appropriations where augmentation is needed.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

(2) All cases involving the constitutionality of a treaty, international or executive agreement, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the

deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc; Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

PP VS. DY , 395 SCRA 256: Under Article VIII, Section 4(1) of the Constitution, the Supreme Court may sit en banc or, in its discretion, in divisions of three, five, or seven members.

IBP vs. Zamora : deployment of marines – is justiciable - the problem being one of legality or validity, not its wisdom.

FARIÑAS VS. EXEC. SEC. , 417 SCRA 503: Policy matters are not the concern of the Supreme Court - government policy is within the exclusive dominion of the political branches of the government.

Section 5. The Supreme Court shall have the following powers:

(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.(2) Review, revise, modify, or affirm on appeal on certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

(4) Order a change of venue or place of trial to avoid a miscarriage of justice.

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies

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shall remain effective unless disapproved by the Supreme Court.

(6) Appoint all officials and employees of the judiciary in accordance with the Civil Service Law.

CHANGE OF VENUE- Larranaga vs. CA, 287 SCRA 581: A motion to change the venue of (and authority to conduct) preliminary investigation cannot be taken cognizance by the courts for lack of jurisdiction. The holding of a preliminary investigation is a function of the Executive department and not of the judiciary.

PP vs . Sola , 103 SCRA 393: In case of doubt, it should be resolved in favor of change of venue.

PP VS. TUBONGBANUA , GR No. 171271: August 31, 2006- In view of the enactment of Republic Act No. 9346 or the Act Prohibiting the Imposition of Death Penalty on June 24, 2006, the penalty that should be meted is reclusion perpetua, thus:

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law and all other laws, executive orders and decrees insofar as they impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed:(a) the penalty of reclusion perpetua, when the

law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.

PROMULGATE RULES concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all court, the admission to the practice of law, the IBP, and legal assistance to the underprivileged.

Limitations : (1) simplified and inexpensive procedure; (2) uniform; (3) not diminish, increase or modify substantive rights.

WRIT OF AMPARO The right to enforce and protect a person’s rights guaranteed and recognized by the bill of rights. It is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ covers extralegal killings and enforced disappearances or threats thereof.

Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order . “The court, justice or judge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an

accredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3(c) of the Rule, the protection may be extended to the officers involved. The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue. The accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, justice or judge.

(b) Inspection Order . “The court, justice or judge, upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant object or operation thereon. The motion shall state in detail the place or places to be inspected. It shall be supported by affidavits or testimonies of witnesses having personal knowledge of the enforced disappearance or whereabouts of the aggrieved party. If the motion is opposed on the ground of national security or of the privileged nature of the information, the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The movant must show that the inspection order is necessary to establish the right of the aggrieved party alleged to be threatened or violated. The inspection order shall specify the person or persons authorized to make the inspection and the date, time, place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. The order shall expire five (5) days after the date of its issuance, unless extended for justifiable reasons.

(c) Production Order . “The court, justice or judge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant. The motion may be opposed on the ground of national security or of the privileged nature of the information, in which case the court, justice or judge may conduct a hearing in chambers to determine the merit of the opposition. The court, justice or judge shall prescribe other conditions to protect the constitutional rights of all the parties.

(d) Witness Protection Order . “The court, justice or judge, upon motion or motu proprio, may refer the witnesses to the Department of Justice for admission to the Witness Protection, Security and Benefit Program, pursuant to Republic Act No. 6981. The court, justice or judge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of keeping and securing their safety.

WRIT OF HABEAS DATA It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or

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http://jlp-law.com/blog/rule-on-the-writ-of-amparo-full-text/


omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

Aruelo vs. Court of Appeals , 227 SCRA 475: The COMELEC cannot adopt a rule prohibiting the filing of certain pleadings in the regular courts. The power to promulgate rules concerning pleadings, practice and procedure in all courts is vested on the Supreme Court.

Republic vs. Gingoyon , G.R. No. 16429, December 19, 2005: Congress has the plenary legislative power. The silence of the Constitution on the subject can only be interpreted as meaning there is no intention to diminish that plenary power. RA 8974 which requires full payment before the State may exercise proprietary rights, contrary to Rule 67 which requires only a deposit was recognized by the Supreme Court.

PEOPLE VS. MATEO , July 7, 2004: While the fundamental law requires mandatory review by the Supreme Court of cases where the penalty is reclusion perpetua, life imprisonment, or death, nowhere however, has it proscribed an intermediate review. The Supreme Court deems it wise and compelling to provide in these cases a review by the Court of Appeals before the case is elevated to the Supreme Court. Procedural matters, first and foremost, fall more squarely within the rule making prerogative of the Supreme Court than the law making power of Congress. The rule allowing an intermediate review by the Court of Appeals, a subordinate appellate court, before the case is elevated to the Supreme Court for automatic review, is such a procedural matter.

Section 6. The Supreme Court shall have the administrative supervision over all courts and the personnel thereof.

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age and, must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.

(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular Members of the Council shall be appointed by the President for a term of four years

with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year.

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reached the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor.

MINUTE RESOLUTION

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- Komatsu vs. CA, 289 SCRA 604: does not violate Section 14. Resolutions are not decisions within the constitutional requirement; they merely hold that the petition for review should not be entertained and the petition to review decision of the CA is not a matter of right but of sound judicial discretion, hence, there is no need to fully explain the Court’s denial since, for one thing, the facts and the law are already mentioned in the CA decision.

German Machineries Corporation vs. Endaya , 444SCRA 329: The mandate under Section 14, Article VIII of the constitution is applicable only in cases “submitted for decision”, i.e, given due course and after the filing of the briefs or memoranda and/or other pleadings, but not where a resolution is issued denying due course to a petition and stating the legal basis thereof.

Oil & National Gas Com. vs. CA , 293 SCRA 26: Section 14 does not preclude the validity of “Memorandum Decision” which adopt by reference the findings of fact and conclusions of law contained in the decisions of inferior tribunals. It is intended to avoid cumbersome reproduction of the decision (or portions thereof) of the lower court.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pending, brief, or memorandum required by the Rules of Court or by the court itself.

(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.

ARTICLE IXCONSTITUTIONAL COMMISSIONS

A. Common Provisions

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.

Section 2. No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice

of any profession or in the active management or control of any business which in any way be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporation or their subsidiaries.

Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure.

Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law.

Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights.

Section 7. Each Commission shall decide by a majority vote of all its Members any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.

Section 8. Each Commission shall perform such other functions as may be provided by law.

CIVIL SERVICE COMMISSION

Section 1. (1) The Civil Service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

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(2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

(3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law.

(4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

(5) The right to self-organization shall not be denied to government employees.

(6) Temporary employees of the Government shall be given such protection as may be provided by law.

Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

Section 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.Section 5. The Congress shall provide for the standardization of compensation of government officials, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions.

Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries.

Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

GSIS VS. CSC , 202 SCRA 799: The grant to the Civil Service Commission of adjudicatory power, or the authority to hear and adjudge cases, necessarily includes the power to enforce or order execution of its decisions, resolutions, or orders. The authority to decide cases would be inutile unless accompanied by the authority to see that what has been decided is carried out.

CSC vs. Sojor , GR No. 168766, May 22, 2008: The Constitution grants to the CSC administration over the entire civil service. As defined, the civil service embraces every branch, agency, subdivision, and instrumentality of the government, including every government-owned or controlled corporation. It is further classified into career and non-career service positions. Career service positions are those where: (1) entrance is based on merit and fitness or highly technical qualifications; (2) there is opportunity for advancement to higher career positions; and (3) there is security of tenure. A state university president with a fixed term of office appointed by the governing board of trustees of the university, is a non-career civil service officer. He was appointed by the chairman and members of the governing board of CVPC. By clear provision of law, respondent is a non-career civil servant who is under the jurisdiction of the CSC.

CSC vs. DBM , GR No. 158791, July 22, 2005: The “no report, no release” policy may not be validly enforced against offices vested with fiscal autonomy. Being automatic connotes something mechanical, spontaneous and perfunctory. It means that no condition to fund releases to it may be imposed.

Naseco vs. NLRC , 68 SCRA 122: Employees of GOCCs, as a general rule, are governed by the Civil Service Law. But a distinction of the manner the GOCC was created must be made. If the GOCC was established through an original charter (or special law), then it falls under the civil service, e.g., GSIS and SSS. However, corporations which are subsidiaries of these chartered agencies, e.g., Manila Hotel, is excluded from the coverage of the civil service.

Leveriza vs. IAC , 157 SCRA 282: An agency of government refers to any of the various units of the government, including a department, bureau, office, instrumentality or government-owned or controlled corporation or a local government or a distinct unit therein. Instrumentality refers to any agency of the national government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, institutes and government-owned or controlled corporations,

MWSS vs. Hernandez , 143 SCRA 602: If one is employed in a GOCC, whether regular or not, the civil service law applies. It is not true either that with respect to money claims, the Labor Code applies. Regardless of the nature of employment or claim, an employee in a GOCC with original charter is covered by the Civil Service Law.

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Dimayuga vs. Benedicto II , 373 SCRA 652 (2002): The appointment to the positions in the Career Executive Service may be considered permanent in which the appointee enjoys security of tenure.

Achacoso vs. Macaraig , 195 SCRA 235: permanent appointment can be issued only to a “person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed.” The mere fact that a position belongs to the Career Service does not automatically confer security of tenure on its occupant even if he does not possess the required qualifications. Such right will have to “depend on the nature of appointment, which in turn depends on his eligibility or lack of it.

Fernandez vs. Dela Paz , 160 SCRA 751: Unconsented transfer of the officer, resulting in demotion in rank or salary is a violation of the security of tenure clause in the Constitution.

Rosales, Jr . vs. Mijares , 442 SCRA 532: A transfer that aims by indirect method to terminate services or to force resignation constitutes removal.

Estrada vs . Escritor , June 22, 2006: In the area of religious exercise as a preferred freedom, however, man stands accountable to an authority higher than the state, and so the state interest sought to be upheld must be so compelling that its violation will erode the very fabric of the state that will also protect the freedom. In the absence of a showing such state interest exists, man must be allowed to subscribe to the Infinite.

Mateo vs. Court of Appeals , 247 SCRA 284: The party aggrieved by a decision, ruling, order, or action of an agency of the government involving termination of services may appeal to the CSC within 15 days. Thereafter, he could go on certiorari to the Supreme Court under Rule 65 of the Rules of Court if he still feels aggrieved by the ruling of the CSC.

PRIMARILY CONFIDENTIAL

Montecillo vs. CSC , June 28, 2001: The CSC is expressly empowered by the Administrative Code of 1987 to declare positions in the Civil Service primarily confidential. (Read: Salazar vs. Mathay, 73 SCRA 285, on two instances when a position may be considered primarily confidential: (1) President declares the position to be primarily confidential upon recommendation of of the CSC; (2) when by the nature of the functions, there exists close intimacy between the appointee and appointing authority which ensures freedom of intercourse without embarrassment or freedom from misgiving or betrayals of personal trust or confidential matters of state.

HILARIO VS. CSC , 243 SCRA 206: City Legal Officer is primarily confidential.

PAGCOR VS. RILLORAZA , June 25, 2001: The position of Casino Operations Manager is not primarily confidential.

RESIGNATION

Estrada vs. Desierto , March 2, 2001: There must intent to resign and the intent must be

coupled by acts of relinquishment. The validity of a resignation is not governed by any formal requirement as to form. It can be oral. It can be written. It can be express. It can implied. As long as the resignation is clear, it must be given legal effect.

To constitute a complete and operative resignation from public office, there must be: (1) an intention to relinquish a part of the term; (2) an act of relinquishment; and (3) an acceptance by the proper authority. The last one is required by reason of Article 238 of the Revised Penal Code. (Sangguniang Bayan of San Andres, Catanduanes vs. CA, 284 SCRA 276, 1997).

Santos vs. CA , 345 SCRA 553, (2000): Rule on double compensation not applicable to pension. A retiree receiving pension or gratuity after retirement can continue to receive such pension or gratuity if he accepts another government position to which another compensation is attached.

PILC vs. Elma , G.R. No. 138965, March 5, 2007: PCCG Chair Magdangal Elma is prohibited under the Constitution from simultaneously serving as Chief Presidential Legal Counsel. The position of PCCG Chair and CPLC are incompatible offices since the CPLC reviews actions of the PCGG Chair. It pointed out that the general rule to hold more than one office is “allowed by law or by the primary functions of his position”.

Del Castillo vs. Civil Service Commission , August 21, 1997: When an employee is illegally dismissed, and his reinstatement is later ordered by the Court, for all legal intents and purposes he is considered as not having left his office, and notwithstanding the silence of the decision, he is entitled to payment of back salaries.

DOTC vs. Cruz , GR No. 178256, July 23, 2008: The Supreme Court follows as a precedent, the DOTC did not effect Cruz's termination with bad faith and, consequently, no backwages can be awarded in his favor.

David vs. Gania GR No. 156030, August 14, 2003: A civil service officer or employee, who has been found illegally dismissed or suspended, is entitled to be reinstated and to back wages and other monetary benefits from the time of his illegal dismissal or suspension up to his reinstatement, and if at the time the decision of exoneration is promulgated, he is already of retirement age, he shall be entitled not only to back wages but also to full retirement benefits.

CSC vs. Dacoycoy , April 29, 1999: The CSC as an aggrieved party, may appeal the decision of the Court of Appeals to the Supreme Court. Appeal now lies from a decision exonerating a civil service employee of administrative charges.

CSC vs. Albao , October 13, 2005: The present case partakes of an act by petitioner CSC to protect the integrity of the civil service system, and does not fall under the provision on disciplinary actions under Sec. 47. It falls under the provisions of Sec. 12, par. 11, on administrative cases instituted by it directly. This is an integral part of its duty, authority and power to administer the civil service system and protect its integrity, as provided in Article IX-B, Sec. 3 of

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the Constitution, by removing from its list of eligibles those who falsified their qualifications. This is to be distinguished from ordinary proceedings intended to discipline a bona fide member of the system, for acts or omissions that constitute violations of the law or the rules of the service.

SSS Employees Ass. vs. CA , 175 SCRA 686: While the Constitution and the Labor Code are silent as to whether government employees may strike, they are prohibited from striking by express provision of Memorandum Circular No. 6, series of 1997 of the CSC and as implied in E.O. 180.

COMELEC

C. The Commission on Elections

Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be Members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to a vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of

the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizen's arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidates.

(8) Recommend to the President the removal of any officer or employer it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, peaceful, and credible elections.

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Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election rules, and regulations shall be granted by the President without a favorable recommendation of the Commission.

Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article.

Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Section 8. Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law.

Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days after.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Section 11. Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission. REAPPOINTMENT OF COMMISSIONERS

- Matibag vs. Benipayo, April 2, 2002: The phrase “without reappointment” applies only to one who has been appointed by the President and confirmed by the Commission on Appointments, whether or not such person completes his term of office which could be seven, five or three years. There must be a confirmation by the Commission on Appointments of the previous appointment before the prohibition on reappointment can apply.

ISSUANCE of writs of certiorari, prohibition and mandamus only in aid of its appellate jurisdiction.- Relampagos vs. Cumba, 243 SCRA 690.

LDP vs. COMELEC , GR No. 151265, February 24, 2004: The COMELEC correctly stated that “the ascertainment of the identity of [a] political party and its legitimate officers” is a matter that is well within its authority. The source of this authority is no other than the fundamental law itself, which vests upon the COMELEC the power and function to enforce and administer all laws and regulations relative to the conduct of an election. In the exercise of such power and in the discharge of such function, the Commission is endowed with ample “wherewithal” and “considerable latitude in adopting means and methods that will ensure the accomplishment of the great objectives for which it was created to promote free, orderly and honest elections.

LP vs . ATIENZA, ET AL ., GR No. 174992- April 17, 2007: COMELEC has jurisdiction to decide questions of leadership within a party and to ascertain its legitimate officers and leaders. xxx The COMELEC is endowed with ample “wherewithal” and “considerable latitude in adopting means and methods that will ensure the accomplishment of the great objectives for which it was created to promote free and orderly honest elections.

Balajonda vs. COMELEC , GR No. 166032, February 28, 2005: Despite the silence of the COMELEC Rules of Procedure as to the procedure of the issuance of a writ of execution pending appeal, there is no reason to dispute the COMELEC’s authority to do so, considering that the suppletory application of the Rules of Court is expressly authorized by Section 1, Rule 41 of the COMELEC Rules of Procedure which provides that absent any applicable provisions therein the pertinent provisions of the Rules of Court shall be applicable by analogy or in a suppletory character and effect.

Codilla vs. De Venecia, et al. , December 10, 2002: Section 3, Article IX-C of the 1987 Constitution empowers the COMELEC en banc to review, on motion for reconsideration, decisions or resolutions decided by a division. Since the petitioner seasonably filed a Motion for Reconsideration of the Order of the Second Division suspending his proclamation and disqualifying him, the COMELEC en banc was not divested of its jurisdiction to review the validity of the said Order of the Second Division. The said Order of the Second Division was yet unenforceable as it has not attained finality; the timely filing of the motion for reconsideration suspends its execution. It cannot, thus, be used as the basis for the assumption in office of the respondent as the duly elected Representative of the 4th legislative district of Leyte.

Sarmiento vs. COMELEC , 212 SCRA 307: The COMELEC en banc does not have the authority to hear and decide cases at the first instance. Under the COMELEC Rules, pre-proclamation cases are classified as Special Cases and in compliance with the provision of the Constitution, the two divisions of the COMELEC are vested with the authority to hear and decide these special cases.

Santiago vs. COMELEC , March 19, 1997: COMELEC cannot validly promulgate rules and regulations to implement the exercise of the right of the people to directly propose amendments to the Constitution through the system of initiative. It does not have that power under R.A. No. 6735. Reliance on the COMELEC’s power under Section 2(1) of Article IX-C of the Constitution is misplaced, for the laws and regulations referred to therein are those promulgated by the COMELEC under (a) Section 3 of Article IX-C of the Constitution, or (b) a law where subordinate legislation is authorized and which satisfies the “completeness” and the “sufficient standard” tests.

The COMELEC acquires jurisdiction over a petition for initiative only after its filing. The petition then is the initiatory pleading. Nothing before its filing is cognizable by the COMELEC, sitting en banc. The only participation of the

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COMELEC or its personnel before the filing of such petition are (1) to prescribe the form of the petition; (2) to issue through its Election Records and Statistics Office a certificate on the total number of registered voters in each legislative district; (3) to assist, through its election registrars, in the establishment of signature stations; and (4) to verify, through its election registrars, the signatures on the basis of the registry list of voters, voters’ affidavits, and voters’ identification cards used in the immediately preceding election.

Cayetano vs. COMELEC , January 23, 2006: The conduct of plebiscite and determination of its result have always been the business of the COMELEC and not the regular courts. Such a case involves the appreciation of ballots which is best left to the COMELEC. As an independent constitutional body exclusively charged with the power of enforcement and administration of all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall, the COMELEC has the indisputable expertise in the field of election and related laws.” Its acts, therefore, enjoy the presumption of regularity in the performance of official duties.

Alunan III vs. Mirasol , GR No. 108399, July 31, 1997: Contests involving elections of SK officials do not fall within the jurisdiction of the COMELEC.

Loong vs . COMELEC , 305 SCRA 832: The COMELEC may validly order a manual count notwithstanding the required automated counting of ballots in R. A. 8436, the law authorizing the commission to use an automated election system, if that is the only way to count votes. It ought to be self-evident that the Constitution did not envision a COMELEC that cannot count the result of an election.

COMMISSION ON AUDIT

Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, certified public accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the election immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 2. (1) The Commission on Audit shall have the power, authority and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies,

or instrumentalities, including government-owned and controlled corporations with original charters, and on a post-audit basis: (a) constitutional bodies, commissions and offices that have been granted fiscal autonomy under this Constitution; (b) autonomous state colleges and universities; (c) other government-owned or controlled corporations and their subsidiaries; and (d) such non-governmental entities receiving subsidy or equity, directly or indirectly, from or through the government, which are required by law of the granting institution to submit to such audit as a condition of subsidy or equity. However, where the internal control system of the audited agencies is inadequate, the Commission may adopt such measures, including temporary or special pre-audit, as are necessary and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers pertaining thereto.

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define the scope of its audit and examination, establish the techniques and methods required therefor, and promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, inexpensive, extravagant, or unconscionable expenditures, or uses of government funds and properties.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government, its subdivisions, agencies, and instrumentalities, including government-owned or controlled corporations, and non-governmental entities subject to its audit, and recommend measures necessary to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law.

COA’S AUDITING POWER

Blue Bar Coconut Phils. vs. Tantuico : Corporations covered by the COA’s auditing powers are not limited to GOCCs. Where a private corporation or entity handles public funds, it falls under COA jurisdiction. Under Sec. 2(1), item, (d), non-governmental entities receiving subsidies or equity directly or indirectly from or through the government are required to submit to post audit.

DBP vs. COA , January 16, 2002: The mere fact that private auditors may audit government agencies does not divest the COA of its power to examine and audit the same government agencies. The COA is neither by-passed nor ignored since even with a private audit the COA will still conduct its usual examination and audit, and its findings and conclusions will still bind government agencies and their officials. A concurrent private audit poses no danger whatsoever of public funds or assets escaping the usual scrutiny of a COA audit. Manifestly, the express language of the Constitution, and the clear intent of its framers, point to only one indubitable conclusion - the COA does not have the exclusive power to examine and audit government agencies. The framers of the

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Constitution were fully aware of the need to allow independent private audit of certain government agencies in addition to the COA audit, as when there is a private investment in a government-controlled corporation, or when a government corporation is privatized or publicly listed, or as in the case at bar when the government borrows money from abroad.

BSP vs. COA , January 22, 2006: Retirement benefits accruing to a public officer may not, without his consent, be withheld and applied to his indebtedness to the government.

MISON vs. COA , 187 SCRA 445: The chairman of COA, acting by himself, has no authority to render or promulgate a decision for the commission. The power to decide on issues relating to audit and accounting is lodged in the COA acting as a collegial body which has the jurisdiction to decide any case brought before it.

PHIL. OPERATIONS, INC. vs Auditor General , 94 Phil 868: COA’s power over the settlement of accounts is different from power over unliquidated claims, the latter of which is within the ambit of judicial power.

NHA vs. COA , 226 SCRA 55: COA can validly disallow the approval of excess or unnecessary expenditures.

ARTICLE XLOCAL GOVERNMENTS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units.

TERM OF OFFICE OF ELECTIVE LOCAL OFFICIALS

Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Socrates vs. COMELEC , November 12, 2002: What the Constitution prohibits is an immediate re-election for a fourth term following three consecutive terms. The Constituton, however, does not prohibit a subsequent re-election for a fourth term as long as the reelection is not

immediately after the end of the third consecutive term. A recall election mid-way in the term following the third consecutive term is a subsequent election but not an immediate re-election after the third term.

Adormeo vs. COMELEC , February 4, 2002: The winner in the recall election cannot be charged or credited with the full term of three years for purposes of counting the consecutiveness of an elective official’s terms in office. Thus, in a situation where a candidate loses in an election to gain a third consecutive term but later wins in the recall election, the recall term cannot be stitched with his previous two consecutive terms. The period of time prior to the recall term, when another elective official holds office, constitutes an interruption in the continuity of service.

Lonzanida vs COMELEC , 311 SCRA 602: Voluntary renunciation of a term does not cancel the renounced term in the computation of the three-term limit. Conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. The petitioner vacated his post a few months before the next mayoral elections, not by voluntary renunciation but in compliance with the legal process of writ of execution issued by the COMELEC to that effect. Such involuntary severance from office is an interruption of continuity of service and thus, the petitioner did not fully serve the 1995-1998 mayoral term.

Borja vs. COMELEC , 295 SCRA 157: For the three term-limit rule to apply, the local official concerned must serve three consecutive terms as a result of election. The term served must be one for which he was elected. Thus, if he assumes a position by virtue of succession, the official cannot be considered to have fully served the term. Ong vs. Alegre, et al. , June 23, 2006: assumption of office constitutes, for Francis Ong, “service for the full term”, and should be counted as a full term served in contemplation of the three-term limit prescribed by the constitutional and statutory provisions, barring local elective officials from being elected and serving for more than three consecutive terms for the same position. His continuous exercise of the functions thereof from start to finish of the term, should legally be taken as service for a full term in contemplation of the three-term rule, notwithstanding the subsequent nullification of his proclamation. There was actually no interruption or break in the continuity of Francis Ong’s service respecting the 1998-2001 term.

METROPOLITAN MANILA DEVELOPMENT AUTHORTY

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created shall be limited to basic services requiring coordination.

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Its function is limited to the delivery of basic services. RA 7924 does not grant the MMDA police power, let alone legislative power. The MMDA is a development authority. It is not a political unit of government. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. It is the local government units, acting through their respective legislative councils, that possess legislative power and police power. (MMDA vs. BelAir Village Association, 328 SCRA 836).

Therefore, insofar as Sec. 5(f) of Rep. Act No. 7924 is understood by the lower court and by the petitioner to grant the MMDA the power to confiscate and suspend or revoke drivers’ licenses without need of any other legislative enactment, such is an unauthorized exercise of police power. The MMDA was intended to coordinate services with metro-wide impact that transcend local political boundaries or would entail huge expenditures if provided by the individual LGUs, especially with regard to transport and traffic management, and we are aware of the valiant efforts of the petitioner to untangle the increasingly traffic-snarled roads of Metro Manila. But these laudable intentions are limited by the MMDA’s enabling law, which we can but interpret, and petitioner must be reminded that its efforts in this respect must be authorized by a valid law, or ordinance, or regulation arising from a legitimate source. (MMDA vs. Danilo Garin, April 15, 2005)

INTERNAL REVENUE ALLOTMENT

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

IRAs are items of income because they form part of the gross accretion of the funds of the local government unit. (Alvarez vs. Guingona, 252 SCRA 695)

LGUS’ SHARE IN THE IRA SHALL BE AUTOMATICALLY RELEASED WITHOUT ANY CONDITION OF APPROVAL FROM ANY GOVERNMENTAL BODY - Section 6, Art. X of the 1987constitution provides that LGUs shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. When passed, it would be readily see that such provision mandates that (1) the LGUs shall have a “just share” in the national taxes; and (2) “just share” shall be determined by law; (3) that “just share” shall be automatically released to the LGUs. (PROVINCE OF BATANGAS VS. ROMULO, 429 SCRA 736, May 27, 2004)

The legislative is barred from withholding the release of the IRA. (ACORD vs. Zamora, June 8, 2005)

AO No. 372 of President Ramos, Section 4 which provides that “pending the assessment and

evaluation by the Development Budget Coordinating Committee of the emerging fiscal situation, the amount equivalent to 10% of the internal revenue allotment to local government units shall be withheld” is declared in contravention of Section 286 of the LG Code and Section 6 of Art X of the constitution (Pimentel vs. Aguirre, July 19, 2000).

LOCAL TAXATION

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Constitution itself promotes the principles of local autonomy as embodied in the Local Government Code. The State is mandated to ensure the autonomy of local governments, and local governments are empowered to levy taxes, fees and charges that accrue exclusively to them, subject to congressional guidelines and limitations. The principle of local autonomy is no mere passing dalliance but a constitutionally enshrined precept that deserves respect and appropriate enforcement by this Court. The GSIS’s tax-exempt status, in sum, was withdrawn in 1992 by the Local Government Code but restored by the Government Service Insurance System Act of 1997, the operative provision of which is Section 39. The subject real property taxes for the years 1992 to 1994 were assessed against GSIS while the Local Government Code provisions prevailed and, thus, may be collected by the City of Davao. (City of Davao vs. RTC, Br. 12, August 18, 2005)

G.R. No. 165827, National Power Corporation vs. Province of Isabela, represented by Hon. Benjamin G. Dy, Provincial Governor, June 16, 2006): The NAPOCOR is not exempt from paying franchise tax. Though its charter exempted it from the tax, the enactment of the Local Government Code (LGC) has withdraw such exemption, the Court said, citing its previous ruling in National Power Corporation vs. City of Cabanatuan.

MCCIA vs. Marcos , September 11, 1996: The power to tax is primarily vested in the Congress; however, in our jurisdiction, it may be exercised by local legislative bodies, no longer merely by virtue of a valid delegation as before, but pursuant to direct authority conferred by Section 5, Article X of the Constitution. An “agency” of the Government refers to “any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporation, or a local government or a distinct unit therein;” while an “instrumentality” refers to “any agency of the National Government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned and controlled corporations.” It had already become,

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even if it be conceded to be an “agency” or “instrumentality” of the Government, a taxable person for such purpose in view of the withdrawal in the last paragraph of Section 234 of exemptions from the payment of real property taxes, which, as earlier adverted to, applies to MCIAA.

PPA vs. Iloilo City , November 11, 2004: The bare fact that the port and its facilities and appurtenances are accessible to the general public does not exempt it from the payment of real property taxes. It must be stressed that the said port facilities and appurtenances are the petitioner’s corporate patrimonial properties, not for public use, and that the operation of the port and its facilities and the administration of its buildings are in the nature of ordinary business.

MIAA vs. CA, et al. , July 20, 2006: MIAA’s Airport Lands and Buildings are exempt from real estate tax imposed by local governments. MIAA is not a government-owned or controlled corporation but an instrumentality of the National Government and thus exempt from local taxation. Second, the real properties of MIAA are owned by the Republic of the Philippines and thus exempt from real estate tax. The Airport Lands and Buildings of MIAA are property of public dominion and therefore owned by the State or the Republic of the Philippines. The Airport Lands and Buildings are devoted to public use because they are used by the public for international and domestic travel and transportation. The Airport Lands and Buildings of MIAA are devoted to public use and thus are properties of public dominion. As properties of public dominion, the Airport Lands and Buildings are outside the commerce of man. Real Property Owned by the Republic is Not Taxable

When local governments invoke the power to tax on national government instrumentalities, such power is construed strictly against local governments. The rule is that a tax is never presumed and there must be clear language in the law imposing the tax. Any doubt whether a person, article or activity is taxable is resolved against taxation. This rule applies with greater force when local governments seek to tax national government instrumentalities.

Another rule is that a tax exemption is strictly construed against the taxpayer claiming the exemption. However, when Congress grants an exemption to a national government instrumentality from local taxation, such exemption is construed liberally in favor of the national government instrumentality.

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

PRESIDENT’S SUPERVISION

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully executed.

National Liga vs. Paredes , September 27, 2004: Like the local government units, the Liga ng mga Barangay is not subject to control by the Chief Executive or his alter ego.

The President can only interfere in the affairs and activities of a local government unit if he or she finds that the latter has acted contrary to law. This is the scope of the President’s supervisory powers over local government units. Hence, the President or any of his or her alter egos cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of the law and the Constitution. Any directive therefore by the President or any of his or her alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a local government unit is a patent nullity because it violates the principle of local autonomy and separation of powers of the executive and legislative departments in governing municipal corporations. (Dadole vs. COA, December 3, 2002).

Leynes vs. COA , 418 SCRA 180: By upholding the power of LGUs to grant allowances to judges and leaving to their discretion the amount of allowances they may want to grant, depending on the availability of local funds, the genuine and meaningful local autonomy is ensured.

Batangas CATV Inc. vs. CA , 439 SCRA 326: In the absence of constitutional or legislative authorization, municipalities have no power to grant franchises.

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials.

Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law.

Section 14. The President shall provide for regional development councils and other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the region for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and

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geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government from the region consisting of the executive department and legislative assembly, both of which shall be reflective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:

(1) Administrative organization;

(2) Creation of sources of revenues;(3) Ancestral domain and natural resources;

(4) Personal, family, and property relations;

(5) Regional urban and rural planning development;

(6) Economic, social, and tourism development;

(7) Educational policies;

(8) Preservation and development of the cultural heritage; and

(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government.

ARTICLE XIACCOUNTABILITY OF PUBLIC OFFICERS

Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

IMPEACHMENT

Section 2. The President, Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Section 3. (1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint may be filed by any Member of the House of Representatives or by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the Order of Business within ten session days, and referred to the proper Committee within three session days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report to the House within sixty session days from such referral, together with the corresponding resolution. The resolution shall be calendared for consideration by the House within ten session days from receipt thereof.

(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.(5) No impeachment proceedings shall be initiated against the same official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.

(7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment according to law.

(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.

Estrada vs. Desierto , April 3, 2001: Section 3(7) of Article XI provides for the limit and the consequence of an impeachment judgment.

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Conviction in the impeachment proceeding is not required before the public officer subject of impeachment may be prosecuted, tried and punished for criminal offenses committed.

READ: Francisco, et al. vs. House of Representatives, November 10, 2003: definition of “TO INITIATE IMPEACHMENT”- proceeding is initiated or begins, when a verified complaint is filed and referred to the Committee on Justice.

A vote of 1/3 of all the members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee or override its contrary resolution. (De Castro vs. Committee on Justice, Batasan Pambansa, September 3, 1995)

Resignation by an impeachable official does not place him beyond the reach of impeachment proceedings; he can still be impeached.

The 1987 Constitution, the deliberations thereon, and the opinions of constitutional law experts all indicate that the Deputy Ombudsman is not an impeachable officer. (Office of the Ombudsman vs. CA & former Deputy Ombudsman Arturo C. Mojica, March 4, 2005)

Marquez vs. Desierto , June 27, 2001: there must be a pending case before a court of competent jurisdiction before inspection of bank accounts by Ombudsman may be allowed.

Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.

Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

OMB’S POWER TO PROSECUTE

Uy vs. Sandiganbayan , March 20, 2001: The power to prosecute granted by law to the Ombudsman is plenary and unqualified. The law does not make a distinction between cases cognizable by the Sandiganbayan and those cognizable by regular courts.

Ombudsman vs. Valera , September 30, 2005: The Court has consistently held that the Office of the Special Prosecutor is merely a component of the Office of the Ombudsman and may only act under the supervision and control and upon authority of the Ombudsman. xxx However, with respect to the grant of the power to preventively suspend, Section 24 of R.A. No 6770 makes no mention of the Special Prosecutor. The obvious import of this exclusion is to withhold from the Special Prosecutor the power to preventively suspend.

Honasan II vs. Panel of Investigating Prosecutors of DOJ, April 13, 2004: The power of the Ombudsman to investigate offenses involving public officers or employees is not exclusive but is concurrent with other similarly authorized agencies of the government such as the provincial, city and state prosecutors. DOJ Panel is not precluded from conducting any

investigation of cases against public officers involving violations of penal laws but if the cases fall under the exclusive jurisdiction of the Sandiganbayan, then respondent Ombudsman may, in the exercise of its primary jurisdiction take over at any stage.

Ledesma vs. CA , July 29, 2005: Ombudsman has the authority to determine the administrative liability of a public official or employee at fault, and direct and compel the head of the office or agency concerned to implement the penalty imposed. In other words, it merely concerns the procedural aspect of the Ombudsman’s functions and not its jurisdiction.

Office of the Ombudsman vs. CA , GR No. 160675, June 16, 2006: the Court similarly upholds the Office of the Ombudsman’s power to impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault, in the exercise of its administrative disciplinary authority. The exercise of such power is well founded in the Constitution and Republic Act No. 6770. xxx The legislative history of Republic Act No. 6770 thus bears out the conclusion that the Office of the Ombudsman was intended to possess full administrative disciplinary authority, including the power to impose the penalty of removal, suspension, demotion, fine, censure, or prosecution of a public officer or employee found to be at fault. The lawmakers envisioned the Office of the Ombudsman to be “an activist watchman,” not merely a passive one

QUIMPO vs. TANODBAYAN : It is not material that a GOCC is originally created by charter or not. What is decisive is that it has been acquired by the government to perform functions related to government programs and policies.

Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman according to the Civil Service Law.Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except those conferred on the Office of the Ombudsman created under this Constitution.

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have for ten years or more been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article IX-A of this Constitution.

Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.

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Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members, respectively, of the Constitutional Commissions, and they shall receive the same salary, which shall not be decreased during their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office.

JURISDICTION OVER GOCC

Section 12. The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any agency, subdivision or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the actions taken and the result thereof.

Macalino vs. Sandiganbayan , 376 SCRA 452: Section 13, Article XI of the Constitution and Section 15 of RA 6770 granted the Ombudsman the power to direct any officer or employee of government-owned or controlled corporations with original charters to perform any act or duty required by law or to stop any abuse or impropriety in the performance of duties.

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties :

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts and transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules and procedure and exercise such other powers or perform such functions or duties as may be provided by law.

Section 14. The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be automatically and regularly released.

PRESCRIPTION

Section 15. The right of the State to recover properties unlawfully acquired by public officials and employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Presidential Ad- hoc Fact-finding Committee on Behest Loans vs. Desierto, 317 SCRA 272: Section 15 of Article XI applies only to civil actions for recovery of ill-gotten wealth and not to criminal cases.

Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.

Section 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.Section 18. Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.

ARTICLE XIINATIONAL ECONOMY & PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

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In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. 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. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant.

The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical of financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public

domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

ANCESTRAL DOMAIN

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights and relations in determining the ownership and extent of ancestral domain.

Alcantara vs. DENR , GR No. 161881, July 31, 2008: It must be emphasized that FLGLA No. 542 is a mere license or privilege granted by the State to petitioner for the use or exploitation of natural resources and public lands over which the State has sovereign ownership under the Regalian Doctrine. Like timber or mining licenses, a forest land grazing lease agreement is a mere permit which, by executive action, can be revoked, rescinded, cancelled, amended or modified, whenever public welfare or public interest so requires. The determination of what is in the public interest is necessarily vested in the State as owner of the country's natural resources. Thus, a privilege or license is not in the nature of a contract that enjoys protection under the due process and non-impairment clauses of the Constitution. In cases in which the license or privilege is in conflict with the people's welfare, the license or privilege must yield to the supremacy of the latter, as well as to the police power of the State. Such a privilege or license is not even a property or property right, nor does it create a vested right; as such, no irrevocable rights are created in its issuance. xxx The Supreme Court recognized the inherent right of ICCs/IPs to recover their ancestral land from outsiders and usurpers. Seen by many as a victory attained by the private respondents only after a long and costly effort, the Court, as a guardian and instrument of social justice, abhors a further delay in the resolution of this controversy and brings it to its fitting conclusion by denying the petition.

CRUZ VS. SEC. OF DENR , 347 SCRA 128: RA 8371 categorically declares ancestral lands and domains held by native title as never to have been public land. Domains and lands under native title are, therefore, indisputably presumed to have never been public lands and are private.

Chavez vs. Public Estates Authority , July 9, 2002: Foreshore and submerged areas form part of the public domain and are inalienable. Lands reclaimed from foreshore and submerged areas are also form part of the public domain and are also inalienable, unless converted into alienable or disposable lands of the public domain.

The prevailing rule is that reclaimed disposable lands of the public domain may only be leased and not sold to private parties. These

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lands remained sui generis, as the only alienable or disposable lands of the public domain which the government could not sell to private parties except if the legislature passes a law authorizing such sale. Reclaimed lands retain their inherent potential as areas for public use or public service.xxx The ownership of lands reclaimed from foreshore areas is rooted in the Regalian Doctrine, which declares that all lands and waters of the public domain belong to the State

But notwithstanding the conversion of reclaimed lands to alienable lands of the public domain, they may not be sold to private corporations which can only lease the same. The State may only sell alienable public land to Filipino citizens.

Chavez vs. PEA & Amari , May 6, 2003: Decision does not bar private corporations from participating in reclamation projects and being paid for their services in reclaiming lands. What the Decision prohibits, following the explicit constitutional mandate, is for private corporations to acquire reclaimed lands of the public domain. There is no prohibition on the directors, officers and stockholders of private corporations, if they are Filipino citizens, from acquiring at public auction reclaimed alienable lands of the public domain. They can acquire not more than 12 hectares per individual, and the land thus acquired becomes private land.

Freedom Islands are inalienable lands of the public domain. Government owned lands, as long they are patrimonial property, can be sold to private parties, whether Filipino citizens or qualified private corporations. Thus, the so-called Friar Lands acquired by the government under Act No. 1120 are patrimonial property which even private corporations can acquire by purchase. Likewise, reclaimed alienable lands of the public domain if sold or transferred to a public or municipal corporation for a monetary consideration become patrimonial property in the hands of the public or municipal corporation. Once converted to patrimonial property, the land may be sold by the public or municipal corporation to private parties, whether Filipino citizens or qualified private corporations.

Chavez vs. NHA, et al. , August 15, 2007: To lands reclaimed by PEA or through a contract with a private person or entity, such reclaimed lands still remain alienable lands of public domain which can be transferred only to Filipino citizens but not to a private corporation. This is because PEA under PD 1084 and EO 525 is tasked to hold and dispose of alienable lands of public domain and it is only when it is transferred to Filipino citizens that it becomes patrimonial property. On the other hand, the NHA is a government agency not tasked to dispose of public lands under its charter—The Revised Administrative Code of 1987. The NHA is an “end-user agency” authorized by law to administer and dispose of reclaimed lands. The moment titles over reclaimed lands based on the special patents are transferred to the NHA by the Register of Deeds, they are automatically converted to patrimonial properties of the State which can be sold to Filipino citizens and private corporations, 60% of which are owned by Filipinos. The reason is obvious: if the reclaimed land is not converted to patrimonial land once transferred to NHA, then it

would be useless to transfer it to the NHA since it cannot legally transfer or alienate lands of public domain. More importantly, it cannot attain its avowed purposes and goals since it can only transfer patrimonial lands to qualified beneficiaries and prospective buyers to raise funds for the SMDRP. From the foregoing considerations, we find that the 79-hectare reclaimed land has been declared alienable and disposable land of the public domain; and in the hands of NHA, it has been reclassified as patrimonial property.

JG Summit Holdings Inc. vs. CA , January 31, 2005: the prohibition in the Constitution applies only to ownership of land. It does not extend to immovable or real property as defined under Article 415 of the Civil Code. Otherwise, we would have a strange situation where the ownership of immovable property such as trees, plants and growing fruit attached to the land would be limited to Filipinos and Filipino corporations only.

Ramos-Bulalio vs. Ramos , January 23, 2006: Under the Regalian doctrine, all lands of the public domain belong to the State and those lands not appearing to be clearly within private ownership are presumed to belong to the State.Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Alienable lands of the public domain shall be limited to agricultural lands. A homestead patent, such as the subject of the instant case, is one of the modes to acquire title to public lands suitable for agricultural purposes.

La Bugal- B’laan Tribal Ass., Inc. vs. Ramos , December 1, 2004: Foreign corporations are confined to technical and financial assistance. The State itself may explore, develop or utilize the country’s natural resources by entering into the necessary agreements with individuals or entities in the pursuit of visible operations. Service contracts with foreign corporations as contractors who invest in and operate and manage extractive enterprises, subject to the full control and supervision of the State. Control by the state must be on the macro level, through the establishment of policies, guidelines, regulations, industry standards and similar measures that would enable the government to control the conduct of the affairs in various enterprises and restrain activities deemed not desirable or beneficial.

GR No. 157882, Didipio Earth-Savers’ Multi-Purpose Association, Incorporated, et al. v. DENR Sec. Gozun, et al., March 30, 2006: The Constitution expressly allows service contracts in the large-scale exploration, development, and utilization of minerals, petroleum, and mineral oils via “agreements with foreign-owned corporations involving either technical or financial assistance” as provided by law. The Court said that these agreements with foreign corporations are not limited to mere financial or technical assistance. The 1987 Constitution allows the continued use of service contracts with foreign corporations as contractors who would invest in and operate and manage extractive enterprises, subject to the full control and supervision of the State.

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GR Nos. 152613 & 152628, Apex Mining Co., Inc. v. Southeast Mindanao Gold Mining Corp., et al . ; GR No. 152619-20, Balite Communal Portal Mining Cooperative v. Southeast Mindanao Gold Mining Corp., et al.; and GR No. 152870-71, The Mines Adjudication Board and its Members, et al. v. Southeast Mindanao Gold Mining Corp., et al., June 23, 2006- Mining operations in the Diwalwal Mineral Reservation Area lies within the full control of the executive branch of the state. xxx Mining operations in the Diwalwal Mineral Reservation are now, therefore, within the full control of the State through the executive branch. Pursuant to sec. 5 of RA 7942, the State can either directly undertake the exploration, development, and utilization of the area or it can enter into agreement with qualified entities.

Republic vs. Rosemoor Mining & Development Corp . , 426 SCRA 517: Section 2, Article XII of the 1987 constitution does not apply retroactively to a “license, concession or lease” granted by the government under the 1973 constitution or before the effectivity of the 1987 constitution.

Zarate vs. Director of Lands , 434 SCRA 322: It is the rule of law that possession, however long, cannot ripen into private ownership.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost its Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various public sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of

enterprises whose capital is wholly owned by Filipinos.

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.

PUBLIC UTILITIES

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Republic vs . EXTELCOM , 373 SCRA 316: The operation of public utility shall not be exclusive.

FRANCHISE

Section 11. 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 sixty per centum 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. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

PLDT vs. Bacolod City , July 15, 2005: In sum, it does not appear that, in approving §23 of R.A. No. 7925, Congress intended it to operate as a blanket tax exemption to all telecommunications entities. Applying the rule of strict construction of laws granting tax exemptions and the rule that doubts should be resolved in favor of municipal corporations in interpreting statutory provisions on municipal taxing powers, we hold that §23 of R.A. No. 7925 cannot be considered as having amended petitioner's franchise so as to entitle it to exemption from the imposition of local franchise taxes.

City Government of San Pablo vs. Reyes , 305 SCRA 353: Under the Constitution, no franchise shall be granted under the condition that it shall be subject to amendment or repeal when the public interest so requires. Franchises are also subject to alteration by the power to tax, which cannot be contracted away.

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Pilipino Telephone Corp. vs. NTC , 410 SCRA 82: The constitution is emphatic that the operation of public utility shall not be exclusive.

Eastern Assurance & Surety Corp. vs. LTFRB , October 7, 2003: The constitution does not totally prohibit monopolies. It mandates the State to regulate them when public interest so requires.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

ARTICLE XIIISOCIAL JUSTICE & HUMAN RIGHTS

SOCIAL JUSTICE

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

While the pursuit of social justice can have revolutionary effect, it cannot justify breaking the law. (Astudillo v. Board of Directors, PHHC, 73 SCRA 15)

Labor

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.

Agrarian and Natural Resources Reform

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of

farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject

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to the payment of just compensation. In determining retention limits, the State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing.

Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services.

Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.

Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice.

Urban Land Reform and Housing

Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

Section 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban and rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

Health

Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.

Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems.

Section 13. The State shall establish a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society.

Women

Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Role and Rights of People's Organizations

Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

HUMAN RIGHTS

Section 17. (1) There is hereby created an independent office called Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically and regularly released.

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Section 18. The Commission on Human Rights shall have the following powers and functions:

(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;

(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection;

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, ad information to enhance respect for the primacy of human rights;

(6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;

(7) Monitor the Philippine Government's compliance with international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

Read EPZA VS, HR; Simon vs. Com. on Human Rights, 229 SCRA 1170: limited to violations of civil and political rights only either by government official or private individual.

Human Security Act : granting adjudicatory and prosecutorial powers to the CHR re violations of human rights - refer to Section 5 - perform such other functions and duties as may be provided by law.

CHREA vs. CHR , November 25, 2004: The CHR, although admittedly a constitutional creation is, nonetheless, not included in the genus of offices accorded fiscal autonomy by constitutional or legislative fiat.

People vs. Leachon , 1998: The constitutional requirement that the eviction and demolition be in accordance with law and conducted in a just and humane manner does not mean validity or

legality of the demolition or eviction is hinged on the existence of resettlement area designated or earmarked by the government.

ARTICLE XIVESTACS

Education, Science and Technology, Arts, Culture, and Sports

ACADEMIC FREEDOM

Section 1. The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age;

(3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the Government.

Section 4. (1) The State recognizes the complementary roles of public and private institutions in the educational system and shall exercise reasonable supervision and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and mission boards,

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shall be owned solely by citizens of the Philippines or corporations or associations at least sixty per centum of the capital of which is owned by such citizens. The Congress may, however, require increased Filipino equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents.

(3) All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law.

Propriety educational institutions, including those cooperatively owned, may likewise be entitled to such exemptions subject to the limitations provided by law including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes shall be exempt from tax.

Section 5. (1) The State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement. Non-teaching academic and non-academic personnel shall enjoy the protection of the State.(5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

From standpoint of the educational institution and the members of the academe. The Supreme Court sustained the primacy of academic freedom over Civil service rules on AWOL, stressing when UP opted to retain private petitioner and even promoted him despite his absence, the University was exercising its freedom to choose who may teach or who may continue to teach its faculty (UP, et al. vs. CSC, April 3, 2001).

Morales vs. UP Board of Regents , December 13, 2004: As enunciated by this Court in the case of University of San Carlos v. Court of Appeals, the discretion of schools of learning to formulate

rules and guidelines in the granting of honors for purposes of graduation forms part of academic freedom. And such discretion may not be disturbed much less controlled by the courts, unless there is grave abuse of discretion in its exercise. Therefore, absent any showing of grave abuse of discretion, the courts may not disturb the University’s decision not to confer honors to petitioner.

Lacuesta vs. Ateneo , December 9, 2005: Consistent with academic freedom and constitutional autonomy, an institution of higher learning has the prerogative to provide standards for its teachers and determine whether these standards have been met. At the end of the probation period, the decision to re-hire an employee on probation, belongs to the university as the employer alone.

UP vs. CSC , April 3, 2001: The University has the academic freedom to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.” Clearly, this freedom encompasses the autonomy to choose who should teach and, concomitant therewith, who should be retained in its rolls of professors and other academic personnel. This Court declared in Ateneo de Manila University v. Capulong: “As corporate entities, educational institutions of higher learning are inherently endowed with the right to establish their policies, academic and otherwise, unhampered by external controls or pressure.”

Language

Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission composed of representatives of various regions and disciplines which shall undertake, coordinate, and promote researches for the development, propagation, and preservation of Filipino and other languages.

Science and Technology

Section 10. Science and technology are essential for national development and progress. The State shall

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give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.

Arts and Culture

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations.

Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues.

(2) The State shall encourage and support researches and studies on the arts and culture.

Sports

Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors.

ARTICLE XVFAMILY

Read in relation two-child policy and divorce. Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.

ARTICLE XVIGENERAL PROVISIONS

Section 1. The flag of the Philippines shall be red, white, and blue, with a sun an three stars, as consecrated and honored by the people and recognized by law.

Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. IMMUNITY OF THE STATE FROM SUIT

(Read general principles)

Section 3. The State may not be sued without its consent.

Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the State.

Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution.

(2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty.

(3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics.

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No member of the military shall engage directly or indirectly in any partisan political activity, except to vote.

(4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries.

(5) Laws on retirement of military officers shall not allow extension of their service.

(6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.

(7) The tour of duty of the Chief of Staff of the Armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty.

NATIONAL POLICE FORCE

Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

Under the DILG (Carpio vs. Executive Secretary, 206 SCRA 290).

Alunan vs. Asuncion , January 28, 2000: The new PNP absorbed the members of the former NAPOLCOM, PC and INP, all three of which accordingly abolished.

Professionalism of the AFP cannot engage, directly or indirectly, in any partisan political activity, except to vote. They cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries.

IBP vs. Zamora: Since none of the marines were incorporated or enlisted as members of the PNP, there can be no appointment to a civilian position to speak of.

Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources.

Section 8. The State shall, from time to time, review to upgrade the pensions and other benefits due to retirees of both the government and the private sectors.

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.

Section 11. (1) The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

(2) The advertising industry is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare.

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

The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines.

OPERATION OF PUBLIC UTILITIES 60% Filipino ownership

MASS MEDIA 100% Filipino ownership

ADVERSTISING INDUSTRY 70% Filipino ownership

EDUCATIONAL INSTITUTION 60%, except: Schools established by religious groups and mission boards.

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

ARTICLE XVIIAMENDMENTS OR REVISIONS

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Members; or

(2) A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be

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authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.

IMBONG VS. COMELEC , 35 SCRA 28: Congress when acting as a Constituent Assembly has full and plenary powers to propose amendments or to call a convention. The grant to Congress as a Constituent Assembly of such plenary authority includes, by virtue of the doctrine of necessary implication, all powers necessary to the effective exercise of principal power granted, such as the power to fix qualifications, apportionment, etc.

SANTIAGO VS. COMELEC , 270 SCRA 106: RA 6735 is insufficient in providing for mechanism to govern initiatives for constitutional amendments. While the Constitution recognizes the right of citizens to propose amendments, the people cannot exercise such until Congress provides for its implementation.

LAMBINO VS., ET AL. VS. COMELEC , October 25, 2006: Clearly, the framers of the Constitution intended that the “draft of the proposed constitutional amendment” should be “ready and shown” to the people “before” they sign such proposal. The framers plainly stated that “before they sign there is already a draft shown to them.” The framers also “envisioned” that the people should sign on the proposal itself because the proponents must “prepare that proposal and pass it around for signature.” The essence of amendments “directly proposed by the people through initiative upon a petition” is that the entire proposal on its face is a petition by the people. This means two essential elements must be present. First, the people must author and thus sign the entire proposal. No agent or representative can sign on their behalf. Second, as an initiative upon a petition, the proposal must be embodied in a petition.

DOCTRINE OF PROPER SUBMISSION

GONZALES VS. COMELEC, 21 SCRA 774: The power to amend the Constitution or to propose amendments is not included in the general grant of legislative power to Congress. It is part of the inherent powers of the people as the repository of sovereignty in a republican state. Congress may propose amendments to the Constitution merely

because the same explicitly grants such power. Hence, when exercising the same, it is said that Senators and Members of the House of Representatives act, not as members of Congress, but as component elements of a Constituent Assembly.

When Congress, acting as Constituent Assembly, makes proposals for amendments, it does not have the final say on whether or not its acts are within constitutional limits- an issue which is clearly subject to judicial review.

There is nothing to indicate that a special election is all times necessary in the ratification of amendments. A plebiscite may be validly held together with general elections.

TOLENTINO VS. COMELEC , 41 SCRA 702: There can be no piece meal ratification.

Presidential proclamation is not required for effectivity of amendment/revisions. UNLESS, the proposed amendments/revisions so provide.

ARTICLE XVIIITRANSITORY PROVISIONS

Section 1. The first elections of the Members of the Congress under this Constitution shall be held on the second Monday of May, 1987.

The first local elections shall be held on a date to be determined by the President, which may be simultaneous with the election of the Members of the Congress. It shall include the election of all Members of the city or municipal councils in the Metropolitan Manila area.

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the election of 1992, the first twelve obtaining the highest number of votes shall serve six years and the remaining twelve for three years.

Section 3. All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.Section 4. All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992.

The first regular elections for the President and Vice-President under this Constitution shall be held on the second Monday of May, 1992.

Section 6. The incumbent President shall continue to exercise legislative powers until the first Congress is convened.

Section 7. Until a law is passed, the President may fill by appointment from a list of nominees by the

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respective sectors the seats reserved for sectoral representation in paragraph (2), Section 5 of Article VI of this Constitution.

Section 8. Until otherwise provided by the Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units comprising the Metropolitan Manila area.

Section 9. A sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province.

Section 10. All courts existing at the time of the ratification of this Constitution shall continue to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain operative unless amended or repealed by the Supreme Court or the Congress.

Section 11. The incumbent Members of the Judiciary shall continue in office until they reach the age of seventy years or become incapacitated to discharge the duties of their office or are removed for cause.

Section 12. The Supreme Court shall, within one year after the ratification of this Constitution, adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts prior to the effectivity of this Constitution. A similar plan shall be adopted for all special courts and quasi-judicial bodies.

Section 13. The legal effect of the lapse, before the ratification of this Constitution, of the applicable period for the decision or resolution of the cases or matters submitted for adjudication by the courts, shall be determined by the Supreme Court as soon as practicable.

Section 14. The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this Constitution shall apply to cases or matters filed before the ratification of this Constitution, when the applicable period lapses after such ratification.

Section 15. The incumbent Members of the Civil Service Commission, the Commission on Elections, and the Commission on Audit shall continue in office for one year after the ratification of this Constitution, unless they are sooner removed for cause or become incapacitated to discharge the duties of their office or appointed to a new term thereunder. In no case shall any Member serve longer than seven years including service before the ratification of this Constitution.

Section 16. Career civil service employees separated from the service not for cause but as a result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following the ratification of this Constitution shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation. In lieu thereof, at the option of the employees, they may be considered for employment in the Government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. This provision also applies to career

officers whose resignation, tendered in line with the existing policy, had been accepted.

Section 17. Until the Congress provides otherwise, the President shall receive an annual salary of three hundred thousand pesos; the Vice-President, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, two hundred forty thousand pesos each; the Senators, the Members of the House of Representatives, the Associate Justices of the Supreme Court, and the Chairmen of the Constitutional Commissions, two hundred four thousand pesos each; and the Members of the Constitutional Commissions, one hundred eighty thousand pesos each.

Section 18. At the earliest possible time, the Government shall increase the salary scales of other officials and employees of the National Government.

Section 19. All properties, records, equipment, buildings, facilities, and other assets of any office or body abolished or reorganized under Proclamation No. 3 dated March 25, 1986 or this Constitution shall be transferred to the office or body to which its powers, functions, and responsibilities substantially pertain.

Section 20. The first Congress shall give priority to the determination of the period for the full implementation of free public secondary education.

Section 21. The Congress shall provide efficacious procedures and adequate remedies for the reversion to the State of all lands of the public domain and real rights connected therewith which were acquired in violation of the Constitution or the public land laws, or through corrupt practices. No transfer or disposition of such lands or real rights shall be allowed until after the lapse of one year from the ratification of this Constitution.

Section 22. At the earliest possible time, the Government shall expropriate idle or abandoned lands as may be defined by law, for distribution to the beneficiaries of the agrarian reform program.

Section 23. Advertising entities affected by paragraph (2), Section 11 of Article XVI of this Constitution shall have five years from its ratification to comply on a graduated or proportionate basis with the minimum Filipino ownership requirement therein.

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the citizen armed force established in this Constitution, shall be dissolved or, where appropriate, converted into the regular force.

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.

Section 26. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March

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25, 1986 in relation to the recovery of ill-gotten wealth shall remain operative for not more than eighteen months after the ratification of this Constitution. However, in the national interest, as certified by the President, the Congress may extend said period.

A sequestration or freeze order shall be issued only upon showing of a prima facie case. The order and the list of the sequestered or frozen properties shall forthwith be registered with the proper court. For orders issued before the ratification of this Constitution, the corresponding judicial action or proceeding shall be filed within six months from its ratification. For those issued after such ratification, the judicial action or proceeding shall be commenced within six months from the issuance thereof.

The sequestration or freeze order is deemed automatically lifted if no judicial action or proceeding is commenced as herein provided.

Section 27. This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions.

LIM VS. EXEC SEC. , April 11, 2002: Section 25 of the Transitory Provisions show a marked antipathy towards foreign military presence in the country, or of foreign influence in general. Hence, foreign troops are allowed entry into the Philippines only be way of direct exception.

Under the Constitution, the US forces are prohibited from engaging in an offensive war on Philippine territory. The Supreme Court, however, cannot accept the bare allegations that the Arroyo administration is engaged in double speak in trying to pass off as a mere training exercise an offensive effort by foreign troops on native soil.

Ratified: February 2, 1987.

ARTICLE III(BILL OF RIGHTS)

Section 1-Procedural Due Process- Banco Español-Filipino vs. Palanca

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Serrano vs NLRC, 323 SCRA 445- Due process clause of the constitution is a limitation on government powers. It does not apply to the exercise of private power, such as the termination of employment under the Labor Code.

Mercury Drug Corp. vs. Serrano, March 10, 2006- In dismissing an employee, the employer must serve the employee two notices: (1) the first to inform the employee of the particular acts or omissions for which the employer seeks his dismissal, and (2) the second to inform the employee of his employer’s decision to terminate him. The first notice must state that the employer seeks dismissal for the act or omission charged against the employee, otherwise, the notice does not comply with the rules.

Macias vs. Macias, September 3, 2003- Denial of due process suffices to cast on the official act taken by whatever branch of the government the impress of nullity.

Estrada vs. Desierto, April 3, 2001- Alleged violations of the right to impartiality due to adverse publicity must be substantiated by proof of actual prejudice.

Alauya vs. COMELEC, 395 SCRA 742- due process is satisfied even if there was no oral argument if a party was able to file pleadings.

INSTANCES WHEN HEARINGS ARE NOT NECESSARY:1. When administrative agencies are exercising

their quasi-legislative functions;2. Abatement of nuisance per se;3. Granting by courts of provisional remedies;4. Preventive suspension;5. Removal of temporary employees in the

government service;6. Issuance of warrants of distraint and/or levy by

the BIR Commissioner;7. Cancellation of passport of a person charged with

a crime;8. Issuance of sequestration orders9. Judicial order which prevents an accused from

traveling abroad10. Suspension of bank’s operations by the Monetary

Board upon a prima facie finding of liquidity problems in such bank.

Ang Tibay vs. CIR, Administrative Due Process

CARDINAL REQUIREMENTS OF DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS:1. Right to a hearing which includes the right to

present one’s case and submit evidence in support thereof

2. Tribunal must consider the evidence presented3. Decision must have something to support itself4. Evidence must be substantial5. Decision must be based on the evidence

presented at the hearing, or at least contained in the record and disclosed to the parties affected

6. Tribunal or body or any of its judges must act on its own or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate

7. Board or body should in all controversial questions render its decision in such manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered

8. Officer or tribunal conducting the investigation must be vested with competent jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee of honesty and impartiality.

Equal Protection of the Law-

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Trillanes IV vs. Pimentel, GR No. 179817, June 27, 2008 Election to Congress is not a reasonable classification in criminal law enforcement as the functions and duties of the office are not substantial distinctions which lift one from the class of prisoners interrupted in their freedom and restricted in liberty of movement.

People vs. Jalosjos, 324 SCRA 689, Election to the position of a Congressman is not reasonable classification in criminal alw enforcement. The functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty of movement.

USA vs. Purganan, September 3, 2002- The position of Congressman is not a reasonable classification in criminal law enforcement. The functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty of movement. Lawful arrest and confinement are germane to the purposes of the law and apply to all those belonging to the same class

Fariñas vs. Executive Secretary, 417 SCRA 503, December 10, 2003, Substantive distinctions exist between elective officials and appointive officials. The former occupy their office by virtue of the mandate of the people while the latter hold their office by virtue of their designation by an appointing authority.

Section 2- Unreasonable searches & seizures

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

PROBABLE CAUSE- Read: StoneHill vs. Diokno; Lim vs. Felix; Webb vs. de Leon; Roan vs. Gonzales; Papa vs. Mago; Aniag vs. COMELEC.

Del Rosario vs. People, May 31, 2001- Seizure of evidence in plain view is justified only when:1. there is prior valid intrusion based on a valid

warrantless arrest in which the police are legally present in the pursuit of their official duties;

2. the evidence was inadvertently discovered by the police who had the right to be there where they are;

3. the evidence must be immediately apparent; and4. plain view justified the seizure without further

search conducted.

Manalili vs. CA, 280 SCRA 400- The following are valid warrantless searches and seizures:1. Search incidental to lawful arrest (PP vs. Tiu Won

Chua, 405 SCRA 280; PP vs. Estella, 395 SCRA 553);

2. search of a moving vehicle (PP vs. Tampis, 407 SCRA 582);

3. seizure in plain view (PP vs. Go, 411 SCRA 81, The counterfeit nature of the seals and stamps was not apparent and established until after they have been turned over to the Chinese embassy

and the Bureau of Immigration for verification. Hence, not considered as evidence in plain view);

4. customs search (Salvador vs. PP, July 15, 2005);5. waiver by the accused( 1. right to be waived

exists; 2. person waiving has knowledge of such right, actually or constructively; and 3. he/she has actual intention to relinquish the right.) Silahis Int’l Hotel vs. Soluta, Feb. 20, 2006;

6. stop & frisk (limited protective search);7. Armed conflict (war time)8. Check points (limited to visual search);9. Exigent and emergency circumstances (PP vs. De

Gracia, 233 SCRA 716), where a warrantless search was allowed where there was a prevailing general chaos and disorder because of an ongoing coup;

10. Conduct of “Area Target Zone” and “Saturation Drives” in the exercise of military powers of the President (Guanzon vs. Villa, 181 SCRA 623);

11. Routine Airport Security Procedure (PP vs. Suzuki, October 23, 2003).

WARRANTLESS ARREST

HOT PURSUIT- Requisites:1. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest.2. There must be no supervening event which breaks the continuity of the chase.

Ladlad/Beltran, et al. vs. Gonzales/Velasco, June 1, 2007- Inquest proceedings are proper only when the accused has been lawfully arrested without warrant.

PP vs. Del Rosario, 305 SCRA 740, There must be a large measure of immediacy between the time of the offense was committed and the time of the warrantless arrest. If there was an appreaciable lapse of time between the arrest and the commission of the crime, a warrant of arrest must be secured.

Padilla vs. CA, 269 SCRA 402, When the law speaks of a crime committed in the presence of an arresting officer, it is not limited to actually seeing the commission of the crime. The requirement of the law is complied where the arresting officer was within an earshot from the scene although he did not personally witness the commission of the crime.

PP vs. Martin, 193 SCRA 57, The Bill of Rights is protection against the State. The protection against unreasonable searches and seizures cannot be extended to acts committed by private individuals so as to bring it within the ambit of alleged unlawful intrusion by the government. Right applies only against the government and agencies tasked with the enforcement of the law.Only a judge may validly issue a warrant- EXCEPT: By administrative authorities (CID; BOC) only for the purpose of carrying out a final finding of violation of law.

Jackson vs. Macalino, November 24, 2003- the Commissioner of the Immigration can issue a warrant of arrest against a foreigner who has been ordered to be deported.

SCATTER SHOT WARRANT- is a warrant having been issued to more than one offense.

PRECISE AND MINUTE DETAIL AS TO THE PLACE TO BE SEARCHED AND THINGS OR PERSONS TO BE SEIZED NOT REQUIRED- the constitution does

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not require that the things to be seized must be described in precise and minute detail as to no room for doubt on the part of the searching authorities; TECHNICAL DESCRIPTION IS NOT REQUIRED- It is only necessary that there be reasonable certainty or particularity as to the identity of the property to be searched for and seized so that the warrant shall not be a mere roving commission. THE TEST as would be as to what is to be taken, nothing is left to the discretion of the officer executing the warrant. VALLEJO VS. CA, 427 SCRA 658, April 14, 2004.

Section 3- Privacy of communication & correspondence

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

In the matter of petition for habeas corpus of Capt. G. Alejano, et al. vs. Cabuay, G.R. No. 160792, August 25, 2005- The letters alleged to have been read by the ISAFP authorities were not confidential letters between the detainees and their lawyers. The petitioner who received the letters from detainees Trillanes and Maestrecampo was merely acting as the detainees’ personal courier and not as their counsel when he received the letters for mailing. In the present case, since the letters were not confidential communication between the detainees and their lawyers, the officials of the ISAFP Detention Center could read the letters. If the letters are marked confidential communication between the detainees and their lawyers, the detention officials should not read the letters but only open the envelopes for inspection in the presence of the detainees. That a law is required before an executive officer could intrude on a citizen’s privacy rights is a guarantee that is available only to the public at large but not to persons who are detained or imprisoned. The right to privacy of those detained is subject to Section 4 of RA 7438, as well as to the limitations inherent in lawful detention or imprisonment. By the very fact of their detention, pre-trial detainees and convicted prisoners have a diminished expectation of privacy rights.

Roxas vs. Zuzuarregei, June 12, 2007- To prevent liability from attaching on account of his letter, he invokes his rights to free speech and privacy of communication. The invocation of these rights will not, however, free him from liability. As already stated, his letter contained defamatory statements that impaired public confidence in the integrity of the judiciary. The making of contemptuous statements directed against the Court is not an exercise of free speech; rather, it is an abuse of such right. Unwarranted attacks on the dignity of the courts cannot be disguised as free speech, for the exercise of said right cannot be used to impair the independence and efficiency of courts or public respect therefor and confidence therein. Free expression must not be used as a vehicle to satisfy one’s irrational obsession to demean, ridicule, degrade and even destroy this Court and its magistrates.

Right to Privacy – Re Iggy Arroyo’s right to privacy (the right to be let alone) Read: PP vs. Molina, et al., - right to privacy may be waived by the defendant).Basis: It is expressly recognized in Section 3(1) of the Bill of Rights: Other facets of the right to privacy are protected in various provisions of the Bill of Rights, viz: Sections1; 2; 6; 8; and 17. Zones of privacy are likewise recognized and protected in our laws. The Civil Code provides that "[e]very person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons" and punishes as actionable torts several acts by a person of meddling and prying into the privacy of another. It also holds a public officer or employee or any private individual liable for damages for any violation of the rights and liberties of another person, and recognizes the privacy of letters and other private communications. The Revised Penal Code makes a crime the violation of secrets by an officer, the revelation of trade and industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, the Secrecy of Bank Deposit Act and the Intellectual Property Code. The Rules of Court on privileged communication likewise recognize the privacy of certain information. (Ople vs. Torres, July 23, 1998.

In the matter of petition for habeas corpus of Camilo Sabio, October 17, 2006- In evaluating a claim for violation of the right to privacy, a court must determine whether a person has exhibited a reasonable expectation of privacy and, if so, whether that expectation has been violated by unreasonable government intrusion.

Administrative Order No. 308 entitled “Adoption of a National Computerized Identification Reference System" declared null and void for being unconstitutional, violative of the person’s right to privacy.

Read: Ayer Productions vs. Capulong- The right of privacy or the right to be let alone is not an absolute right where the person is a public figure and the information sought to be elicited from him or to be published about him constitute matters of a public character.

Zulueta vs. CA, 253 SCRA 699- The only exception to the prohibition in the constitution is if there is a “lawful order from a court or when public safety or order requires otherwise, as prescribed by law”.

Relate to emails and other ways of communication.

RA 4200 (Anti-Wiretapping Act)- A violation of the Anti Wire Tapping Law (R.A. 4200) which prohibits not only the unauthorized taping of private conversations, but also: (a) the possession of such tapes with the knowledge of their nature as illegal wiretaps; (b) the replaying of the tapes to any person; and (c) to communicate the contents thereof either verbally or in writing, such as the provision of transcripts. The potential jail term, if convicted, ranges from six months to six years.

Section 4- Freedom of expression

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.

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Bayan vs Ermita, April 25, 2006 - The provisions of B.P. No. 880 practically codify the ruling in Reyes:

Reyes v. BagatsingG.R. No. L-65366, Nov. 9, 1983, 125 SCRA 553, 569)

8. By way of a summary. The applicants for a permit to hold an assembly should inform the licensing authority of the date, the public place where and the time when it will take place. If it were a private place, only the consent of the owner or the one entitled to its legal possession is required. Such application should be filed well ahead in time to enable the public official concerned to appraise whether there may be valid objections to the grant of the permit or to its grant but at another public place. It is an indispensable condition to such refusal or modification that the clear and present danger test be the standard for the decision reached. If he is of the view that there is such an imminent and grave danger of a substantive evil, the applicants must be heard on the matter. Thereafter, his decision, whether favorable or adverse, must be transmitted to them at the earliest opportunity. Thus if so minded, they can have recourse to the proper judicial authority.

B.P. No. 880

SEC. 4. Permit when required and when not required.-- A written permit shall be required for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution. Political meetings or rallies held during any election campaign period as provided for by law are not covered by this Act.

SEC. 5. Application requirements.-- All applications for a permit shall comply with the following guidelines:

(a) The applications shall be in writing and shall include the names of the leaders or organizers; the purpose of such public assembly; the date, time and duration thereof, and place or streets to be used for the intended activity; and the probable number of persons participating, the transport and the public address systems to be used.

(b) The application shall incorporate the duty and responsibility of applicant under Section 8 hereof.

(c) The application shall be filed with the office of the mayor of the city or municipality in whose jurisdiction the intended activity is to be held, at least five (5) working days before the scheduled public assembly.

(d) Upon receipt of the application, which must be duly acknowledged in writing, the office of the city or municipal mayor shall cause the same to immediately be posted at a conspicuous place in the city or municipal building.

SEC. 6. Action to be taken on the application. –(a) It shall be the duty of the mayor or any official

acting in his behalf to issue or grant a permit unless there is clear and convincing evidence that the public assembly will create a clear and present danger to public order, public safety, public convenience, public morals or public health.

(b) The mayor or any official acting in his behalf shall act on the application within two (2) working

days from the date the application was filed, failing which, the permit shall be deemed granted. Should for any reason the mayor or any official acting in his behalf refuse to accept the application for a permit, said application shall be posted by the applicant on the premises of the office of the mayor and shall be deemed to have been filed.

(c) If the mayor is of the view that there is imminent and grave danger of a substantive evil warranting the denial or modification of the permit, he shall immediately inform the applicant who must be heard on the matter.

(d) The action on the permit shall be in writing and served on the applica[nt] within twenty-four hours.

(e) If the mayor or any official acting in his behalf denies the application or modifies the terms thereof in his permit, the applicant may contest the decision in an appropriate court of law.

(f) In case suit is brought before the Metropolitan Trial Court, the Municipal Trial Court, the Municipal Circuit Trial Court, the Regional Trial Court, or the Intermediate Appellate Court, its decisions may be appealed to the appropriate court within forty-eight (48) hours after receipt of the same. No appeal bond and record on appeal shall be required. A decision granting such permit or modifying it in terms satisfactory to the applicant shall be immediately executory.

(g) All cases filed in court under this section shall be decided within twenty-four (24) hours from date of filing. Cases filed hereunder shall be immediately endorsed to the executive judge for disposition or, in his absence, to the next in rank.

(h) In all cases, any decision may be appealed to the Supreme Court. (i) Telegraphic appeals to be followed by formal appeals are hereby allowed.

It is very clear, therefore, that B.P. No. 880 is not an absolute ban of public assemblies but a restriction that simply regulates the time, place and manner of the assemblies.

In sum, this Court reiterates its basic policy of upholding the fundamental rights of our people, especially freedom of expression and freedom of assembly. In several policy addresses, Chief Justice Artemio V. Panganiban has repeatedly vowed to uphold the liberty of our people and to nurture their prosperity. He said that “in cases involving liberty, the scales of justice should weigh heavily against the government and in favor of the poor, the oppressed, the marginalized, the dispossessed and the weak. Indeed, laws and actions that restrict fundamental rights come to the courts with a heavy presumption against their validity. These laws and actions are subjected to heightened scrutiny.”For this reason, the so-called calibrated preemptive response policy has no place in our legal firmament and must be struck down as a darkness that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses. On the other hand, B.P. No. 880 cannot be condemned as unconstitutional; it does not curtail or unduly restrict freedoms; it merely regulates the use of public places as to the time, place and manner of assemblies. Far from being insidious, “maximum tolerance” is for the benefit of rallyists, not the government. The delegation to the mayors of the power to issue rally “permits” is valid because it is subject to the constitutionally-sound “clear and present danger” standard.

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Social Weather Stations vs. COMELEC, May 5, 2001- Election surveys are covered by the protection to freedom of expression as they refer to the measurement of opinions and perception of voters as regards to a candidate’s popularity, qualifications, platforms or a matter of public discussion in relation to the election, including the voter’s preference for candidates pr publicly discussed issues during the campaign period.

The prohibition imposed by Section 5.4 of RA 9006 (Fair Election Act) is invalid because: 1) it imposes prior restraint on the freedom of expression; 2) it is a direct and total suppression of a category of expression even though such suppression is only for a limited period; and 3) the government interest sought to be promoted can be achieved by means other than the suppression of freedom of expression.

TESTS of Valid Government Interference:1. Clear & Present Danger2. Balancing of Interests3. Dangerous Tendency Rule

ABS-CBN vs. COMELEC, 323 SCRA 811- The prohibition of publication of exit poll or electoral survey would be unreasonably restrictive because it effectively prevents the use of exit poll data not only for election day projections, but also for long term research.

MTRCB vs. ABS-CBN, et al., January 17, 2005- P.D. No. 1986 gives petitioner “the power to screen, review and examine “all television programs,” emphasizing the phrase “all television programs”. Thus, when the law says “all television programs,” the word “all” covers all television programs, whether religious, public affairs, news documentary, etc. The principle assumes that the legislative body made no qualification in the use of general word or expression. It then follows that since “The Inside Story” is a television program, it is within the jurisdiction of the MTRCB over which it has power of review.

Borjal vs. CA, 301 SCRA 1, In order to maintain a libel suit, it is essential that the victim is identifiable although it is not necessary that he be named. It must also be shown that a third party could identify him as the object of the libelous article. Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following:1. private communication made by any person to another in the performance of any legal, moral or social duty;2. a fair and true report, made in good faith, without remarks, of any judicial, legislative or other official proceeding which are not confidential in nature including any statement made therein or act performed by public officer.A privileged communication may either be absolutely privileged (those which are not actionable or even if author acted in bad faith, e.g. speech by member of Congress therein or any committee thereof) or qualified privileged (those containing defamatory imputations which are not actionable unless found to have been made without good intention or justifiable motive, e.g., private communications and fair and true reports without any comments/remarks).

Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because

every man is presumed innocent until his guilt is judicially proved.

Section 5- Freedom of Religion

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Ebralinag vs. Div. Superintendent of Schools of Cebu, 219 SCRA 256, - members of Jehovah’s witnesses may validly refuse participating in flag ceremonies (singing the national anthem, saluting the flag, etc.) on account of their religious beliefs.

Iglesia ni Cristo vs. CA, 259 SCRA 529- The exercise of religious freedom can be regulated when it will bring about clear and present danger of a substantive evil which the State has a duty to prevent. However, criticism on certain catholic tenets and dogmas does not constitute clear and present danger.

Tolentino vs. Sec. of Finance, 235 SCRA 630 – Freedom of religion does not prohibit imposition of a generally applicable sales and use tax on the sale of religious materials by a religious organization. For the purpose of defraying cost of registration.

Islamic Da’wah Council of the Philippines vs. Executive Secretary, 405 SCRA 497, Classifying a food product as halal is a religious function because the standards are drawn from the Qur’an and Islamic beliefs. By giving the Office of the Muslim Affairs exclusive power to classify food products as halal, E. O. No. 46 encroached on the religious freedom of Muslim organization to interpret what food products are fit for Muslim consumption. The State has in effect forced Muslim to accept its own interpretation of the Qur’an and Sunnah on halal food.

Section 6- Liberty of abode & Right to travel

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Read: Villavicencio vs. Lukban; Manotoc vs. CA; Silverio vs CA. Relate to suspension of deployment of OFWs to SARs infected countries. In relation to bail (Manotoc vs. CA; Santiago vs. Vasquez)- valid restriction on his right to travel.

Section 7- Right to Information

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen,

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subject to such limitations as may be provided by law.

Chavez vs. Public Estates Authority, July 9, 2002- The constitutional right to information includes official information on on-going negotiations before a final contract is consummated. The information, however, must constitute definite propositions by the government and should not cover recognized exceptions liked privileged information, military and diplomatic secrets and similar matters affecting national security and public order.

Legazpi vs. CSC; Valmonte vs. Belmonte

Section 8- Right to form Unions of public sector

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

United Pepsi Cola Supervisory Union vs. Laguesma, 288 SCRA 15- Congress, via Art. 125 of the Labor Code, validly prohibited supervisors from forming labor unions. The right to strike does form an integral part of the Right to Association.

Section 9- Expropriation

Section 9. Private property shall not be taken for public use without just compensation.

Republic vs. Gingoyon, December 19, 2005- Rule 67 outlines the procedure under which eminent domain may be exercised by the Government. Yet by no means does it serve at present as the solitary guideline through which the State may expropriate private property. For example, Section 19 of the Local Government Code governs as to the exercise by local government units of the power of eminent domain through an enabling ordinance. And then there is Rep. Act No. 8974, which covers expropriation proceedings intended for national government infrastructure projects.

Rep. Act No. 8974, which provides for a procedure eminently more favorable to the property owner than Rule 67, inescapably applies in instances when the national government expropriates property “for national government infrastructure projects”.

Republic vs. Lim, June 29, 2005- Section 9, Article III of the Constitution is not a grant but a limitation of power. This limiting function is in keeping with the philosophy of the Bill of Rights against the arbitrary exercise of governmental powers to the detriment of the individual’s rights. Given this function, the provision should therefore be strictly interpreted against the expropriator, the government, and liberally in favor of the property owner.

While the prevailing doctrine is that “the non-payment of just compensation does not entitle the private landowner to recover possession of the expropriated lots, however, in cases where the government failed to pay just compensation within five (5) years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their

property. This is in consonance with the principle that “the government cannot keep the property and dishonor the judgment.” To be sure, the five-year period limitation will encourage the government to pay just compensation punctually. This is in keeping with justice and equity. After all, it is the duty of the government, whenever it takes property from private persons against their will, to facilitate the payment of just compensation.

Local government units possessed the delegated power of eminent domain, subject to judicial review (City of Manila vs. Chinese Community).

Any property owned by a municipal corporation in its private capacity (patrimonial), in any expropriation proceeding, must be paid just compensation. If the property owned is public or otherwise held in trust then no compensation need be paid (City of Baguio vs. NAWASA).

To set just compensation is a judicial prerogative (EPZA vs. Dulay).

Public use does not mean use by the public. As long as the purpose of the taking is public, then power of eminent domain comes into play. It is inconsequential that private entities may benefit as long as in the end, public interest is served (Ardona vs. Reyes).

Reyes v. National Housing Authority, 395 SCRA 494, Taking of property for socialized housing is for public use.

Lands for socialized housing are to be acquired n the following order: 1) government lands; 2) alienable lands of the public domain; 3) unregistered or abandoned or idle lands; 4) lands within the declared areas for priority development, zonal improvement program sites, slum improvement and resettlement sites which have not yet been acquired; 5) BLISS sites which have not yet been acquired; and 6) privately-owned lands (City of Mandaluyong vs. Aguilar, 350SCRA 487 2001).

Section 10- Non-impairment clause

Section 10. No law impairing the obligation of contracts shall be passed.

There is no impairment in the imposition of the VAT against real estate transactions entered or perfected even prior to its imposition. The contract clause is not a limitation on the exercise of the State’s power of taxation save only where a tax exemption has been granted for a valid consideration. (Tolentino vs. Sec. of Finance)

The non-impairment clause includes prohibition on judicial acts that impair contract. (Ganzon vs. Inserto, 123 SCRA 135)

Sections 11 & 12- Custodial Investigation Rights

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be

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informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Read: Miranda vs. Arizona, Gamboa vs. Cruz, Escobedo vs. Illinois.

Applies to preliminary investigation, PP vs. Sunga, 399 SCRA 624

PP vs. Vallejo, May 9, 2002- To be an effective counsel, a lawyer need not challenge all the questions being propounded to his client. The presence of counsel to preclude the slightest coercion as would lead the accused to admit something false. Indeed counsel should not prevent an accused from freely and voluntarily telling the truth.

PP vs. Domantay, 307 SCRA 1- RA 7438 has extended the constitutional guarantee to situations in which an individual has not been formally arrested but has merely been “invited” for questioning.

PP vs. Garcia, 400 SCRA 229, A confession made to a private person is admission in evidence.

PP vs. Lozada, 406 SCRA 494, An unwritten confession is inadmissible.

Section 13- Bail

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Where the accused was originally charged with a capital offense but later convicted of non-capital and which he appeals, bail cannot be granted as a matter right (Obosa vs. CA, 266 SCRA 281).

The constitutional right to bail is available only in criminal proceedings. The right is not available in extradition proceedings that are not criminal in nature. In the absence of any provision in the constitution, the law or the treaty, adopting the practice of not granting bail, as a general rule, would be a step towards deterring fugitives from coming to the Philippines to hide from or evade their prosecutors.

Notwithstanding the rule that bail is not a matter of right in extradition cases, bail may be applied for and granted as an exception, only upon a clear and convincing showing: 1) that, once granted bail, the applicant will not be a flight risk or a danger to the community; and 2) that there exist special, humanitarian and compelling reasons (Gov’t. of USA vs. Purganan, September 24, 2002).

Government of Hongkong Special Administrator Region vs. Judge Olalia, Jr., April 19, 2007 – Potential extradite may be granted bail on the basis of “clear and convincing evidence” that the person is not a flight risk and will abide with all the orders and processes of the extradition court.

Section 14- Rights of accused

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Presumption of innocence- as against presumption of law

The right to be heardThe vagueness doctrine merely requires reasonable degree of certainty for the law to be upheld- not absolute precision or mathematical exactitude (Estrada vs. Desierto, November 19, 2001).

Despite the allegation of minority of the victim, an accused appellant may not be sentenced to death under RA 7659 due to the failure of the information to allege relationship to the victim. It would be a denial of the right of the accused to be informed of the charges against him and, consequently, a denial of due process (PP vs. Sandoval, 348 SCRA 476).

A person subject of an extradition request from another sovereign State is bereft of the right to notice and hearing during the evaluation stage of the extradition process. An extradition proceeding is sui generis. It is not criminal proceeding which will call into operations all the rights of an accused as guaranteed by the Bill of Rights. The extraditee’s right to notice and hearing is present only when the petition for extradition is filed in court- it is only then when he has the opportunity to meet the evidence against him (Secretary of Justice vs. Lantion, 343 SCRA 377, 2000).

Right to public trial

A public trial is not synonymous with publicized trial; it only implies that the court doors must be open to those who wish to come, sit in the available seats, conduct themselves with decorum and observe trial (Sec of Justice vs. Estrada, June 29, 2001).

Right to face to face confrontation

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The absence of cross-examination by the defense due to the supervening death of plaintiff/witness does not necessarily render the deceased’s testimony inadmissible. Where no fault can be attributed to plaintiff/witness, it would be a harsh measure to strike out all that has been obtained in the direct examination (PP vs. Narca, 275 SCRA 696).

Section 15- Habeas Corpus

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Section 16- Speedy disposition

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Where the case for violation of the Anti-Graft Law was pending for preliminary investigation with the Office of the Tanodbayan for 3 years and it is indicated that the case is of simple nature and was prosecuted for political reasons, it is held that there was violation of the accused’s right to speedy disposition of case. Right to speedy disposition extends to preliminary investigations. (Tatad vs. Sandiganbayan, 159 SCRA 70).

Section 17- Against Self-incrimination

Section 17. No person shall be compelled to be a witness against himself.

The right against self-incrimination is available in administrative hearings when the nature of the penalty is penal in nature (like forfeiture of property or dismissal from employment) and the hearing partakes the nature of criminal proceeding (Cabal vs. Kapunan, 6 SCRA 1059).

Applicable to a proceeding that could possibly result in the loss of the privilege to practice medical profession. (Pascual vs. Board of Medical Examiners)

The right against self-incrimination is defeated by the public nature of documents sought to be accessed. (Almonte vs. Vasquez)

In the recent case of PEOPLE vs. YATAR, G.R. No. 150224, May 19, 2004, the Supreme Court affirmed the admissibility and probative value of DNA (deoxyribonucleic acid). Citing the first ever Supreme Court decision on the admissibility of DNA evidence, i.e., People v. Vallejo, G.R. No. 144656, 9 May 2002, 382 SCRA 192, 209, the Court, in Yatar, held that in assessing the probative value of DNA evidence, courts should consider, inter alia, the following factors: “how the samples were collected, how they were handled, the possibility of contamination of the samples, the procedure followed in analyzing the samples, whether the proper standards and procedures were followed in conducting the tests, and the qualification of the analyst who conducted the tests”.

In Yatar, in an attempt to exclude the DNA evidence, the appellant contended “that the blood sample taken from him as well as the DNA tests were conducted in violation of his right to remain silent as well as his right against self-incrimination under Secs. 12 and 17 of Art. III of the Constitution”.

The Court rejected the argument. It held that “the kernel of the right is not against all compulsion, but against testimonial compulsion”, citing Alih v. Castro, G.R. No. 69401, 23 June 1987, 151 SCRA 279. It held that “the right against self- incrimination is simply against the legal process of extracting from the lips of the accused an admission of guilt” and that “it does not apply where the evidence sought to be excluded is not an incrimination but as part of object evidence”.

Citing People v. Rondero, G.R. No. 125687, 9 December 1999, 320 SCRA 383, the Court held that “although accused-appellant insisted that hair samples were forcibly taken from him and submitted to the National Bureau of Investigation for forensic examination, the hair samples may be admitted in evidence against him, for what is proscribed is the use of testimonial compulsion or any evidence communicative in nature acquired from the accused under duress.”

Hence, according to the Court, “a person may be compelled to submit to fingerprinting, photographing, paraffin, blood and DNA, as there is no testimonial compulsion involved”. It cited People v. Gallarde, G.R. No. 133025, 27 February 2000, 325 SCRA 835, where immediately after the incident, “the police authorities took pictures of the accused without the presence of counsel”. In that case, the Court ruled that “there was no violation of the right against self-incrimination”. It further stated that “the accused may be compelled to submit to a physical examination to determine his involvement in an offense of which he is accused”.

Section 18- Political beliefs / Involuntary Servitude

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any from shall exist except as punishment for a crime whereof the party shall be duly convicted.Section 19- Death penalty

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

The death penalty is not a cruel punishment. There was no total abolition of the death penalty. The ConCom had deemed it proper for Congress to determine its reimposition because of compelling

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reasons involving heinous crimes. (PP v, Echegaray, 267 SCRA 682).

Section 20- Non-imprisonment for Debt

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

The civil liability from a crime is not “debt” within the purview of the constitutional provision against imprisonment for non payment of “debt”.

Vergara vs. Gedorio, 402 SCRA 520- Debt, as used in the Constitution, refers to a civil debt or one not arising from a criminal offense. Clearly, the payment of rentals is covered by the constitutional guarantee against imprisonment.

Section 21- Double Jeopardy

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

The impeachment proceedings against petitioner Estrada was not concluded as a series of events prompted the Senate to declare the impeachment functus officio- thus, he was neither acquitted nor was the impeachment proceeding dismissed without his express consent. Neither was there conviction/ It follows then that the claim of double jeopardy must fail. (Estrada vs. Desierto, April 3, 2001).

Under Sec. 8, Rule 117 of the Rules of Court, a provisional dismissal of a case becomes permanent after the lapse of one year for offenses punishable by imprisonment of not exceeding six years or a lapse of two years for offenses punishable by imprisonment of more than six years.

For this rule to bar the subsequent filing of a similar case against the accused, the following must be established: 1) the provisional dismissal had express consent of the accused; 2) the provisional dismissal was ordered by the court after notice to the offended party; 3) the 1 yr. or 2-yr. period to revive had lapsed; 4) there is no justification to file a subsequent case beyond the period of one or two years. (PP vs. Lacson, May 28, 2002).The order approving the plea of guilty to homicide was not a judgment of conviction. It merely approved the agreement between the parties on the plea to a lesser offense by the accused and the condition attached to it. (PP vs. Romero, 399 SCRA 386)

Section 22- Ex post facto law/bill of attainder

Section 22. No ex post facto law or bill of attainder shall be enacted.

RA 8249, an act which further defines the jurisdiction of the Sandiganbayan, is not penal law but a substantive law on jurisdiction whose retroactive application is constitutional (Lacson vs. Exec. Secretary, 301 SCRA 298).

The prohibition of ex post facto laws and bill of attainder applies to court doctrines pursuant to the maxim “legis interpretatio legis vim obtinet”- the interpretation placed upon the written law by a competent court has the force of law PP vs. Jabinal, 55 SCRA 602).

The law making the use of an unlicensed firearm a qualifying circumstance in murder cannot apply retroactively. (PP vs. Patoc, 398 SCRA 62).

Re DNA tests conducted by the prosecution against accused being unconstitutional on the ground that resort thereto was tantamount to the application of an ex-post facto law- Describing the argument as specious, the Supreme Court held “no ex-post facto law was involved in the case at bar”. It added that “the science of DNA typing involved the admissibility, relevance and reliability of the evidence obtained under the Rules of Court”. Whereas, “an ex-post facto law referred primarily to a question of law, DNA profiling requires a factual determination of the probative weight of the evidence presented”. (PP vs. Yatar, May 19, 2004)

ELECTION LAW

Benito vs. COMELEC, 349 SCRA 705- It is the COMELEC en banc which has the exclusive power to postpone, to declare a failure of election, or to call a special election.Two preconditions must be met before a failure of election may be declared: 1) no voting has been held in any precinct due to force majeure, violence or terrorism; and 2) the votes not cast therein are sufficient to affect the results of the election.

Tan vs. COMELEC , 417 SCRA 532- Instances when failure of election may be declared: 1) the election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud and other analogous cases (FVTFA); 2) the election in any polling place has been suspended before the hour fixed by law of the closing of the voting on account of FVTFA; or 3) after voting and closing the preparation and transmission or the election returns in custody or canvass thereof, such election results in a failure to elect on account of FVTFA.

CHU vs. COMELEC, 319 SCRA 482- In a pre-proclamation controversy, the board of canvassers and the COMELEC cannot look beyond the returns, which are on their face regular and authentic. A party seeking to raise issues the resolution of which would necessitate the COMELEC to pierce the veil of election returns must file a regular election protest.

Agbayani vs. COMELEC, 186 SCRA 484- The proclamation of the winning candidate makes the pre proclamation controversy no longer viable. However, this is true only where the proclamation is based on a complete canvass. Where it is claimed that certain returns should have been omitted because they were manufacture and other returns cannot be included because they have been irretrievably lost, the pre-proclamation controversy would still be continued despite the proclamation of the supposed winner. Also, read Lorenzo vs. COMELEC, December 11, 2003.

Milla vs. Balmores-Laxa, 406 SCRA 679, Under Section 5, Rule 27 of the COMELEC Rules of Procedure, a petition to correct the statement of

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votes should be filed five days after the proclamation of the winner. However, the COMELEC can suspend its own Rules so as not to defeat the will of the electorate.

Gatchalian vs. CA, 245 SCRA 208- It is the payment of the filing fees that vests jurisdiction of the court over the election protest, not the payment of the docket fees for the claim of damages and attorney’s fees.

Melendres vs, COMELEC, 245 SCRA 208- The date of payment of the filing fee is deemed the actual date of the filing of the election protest. The rule prescribing the ten-day period is MANDATORY and JURISDICTIONAL and the filing of an election protest beyond the period deprives the court of jurisdiction over the protest.

Due to petitioner’s active participation in the proceeding, estoppel has set in precluding petitioner from questioning the incomplete payment of the filing fee. (Navarosa vs. COMELEC, 411 SCRA 369)

If the winner in an election is ineligible, the one who finished second cannot be proclaimed (Latasa vs. COMELEC, December 10, 2003)

EXECUTION PENDING APPEAL- A combination of two or more of the following reasons suffice to grant execution pending appeal: 1) public interest or will of the electorate; (2) the shortness of the remaining portion of the term of the contested office, and (3) the length of time that the election contest has been pending. (Santos vs. COMELEC, 399 SCRA 611)

Jurisdiction of Election Contest:1. President/Vice President – Supreme Court2. Senator – SET3. Congressman- HRET4. Regional/Provincial/City Offices- COMELEC5. Municipal Offices- RTC6. Barangay Offices- MTC

Once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the House of representatives, COMELEC’s jurisdiction over election contests relating to his election returns, qualification ends, and the HRET’s jurisdiction begins. The jurisdiction of HRET is not limited to the qualifications prescribed under section6, Art. VI of the constitution. Questions on statutory disqualifications, including validity of substitution fall within the realm of the HRET. (Guerrero vs. COMELEC, 336 SCRA 458)

In an election contest where what is involved is the correctness of the number of votes of each candidate, the best and most conclusive evidence are the ballots themselves. But where the ballots cannot be produced or are not available, the election returns would be the best evidence. (Lerias vs. HRET, 202 SCRA 808)

The rule that the filing of an election protest or a petition for quo warranto precludes the subsequent filing of a pre-proclamation case admits of exceptions as where: 1) the board of canvassers was improperly constituted; 2) quo warranto was not the proper remedy; 3) what was filed was not really a petition for quo warranto or an election protest but a petition to annul a proclamation; 4) the filing of a quo warranto petition or an election protest was expressly made without prejudice to the pre-proclamation controversy or was made ad cautelam; and 5) the

proclamation was null and void. (Samad vs. COMELEC, 224 SCRA 631)

With respect to qualifications of local elective officials, the reckoning time for compliance of residency is one year preceding the day of election and the minimum age is computed at the date of election. As far as Filipino citizenship is concerned, it is held that should be reckoned at the date of proclamation or start of the term, not necessarily the date of election or date of filing of certificate of candidacy. (Frivaldo vs. COMELEC, 287 SCRA 727)

Sarmiento vs. COMELEC, 347 SCRA 307- The COMELEC, sitting en banc, does not have the requisite authority to hear and decide election cases including pre-proclamation controversies in the first instance. This power pertains to the divisions of the Commission. Any decision by the Commission en ban as regards election cases decided by it in the first instance is null and void.

Angelia vs. COMELEC, 332 SCRA 757- A resolution of the COMELEC en banc is not subject to reconsideration and, therefore, any party who disagrees with it has only one recourse and that is to file a petition for certiorari under Rule 65. For him to wait until the COMELEC denied his motion would be allowed the reglamentary period for filing a petition for certiorari run and expire.

Ambil vs. COMELEC, 344 SCRA 358- An order setting the promulgation of a draft decision of a COMELEC division is not proper subject for certiorari before the Supreme Court. The decision subject to review by the Supreme Court refer to final orders, rulings and decisions of the COMELEC rendered in the exercise of its adjudicatory or quasi-judicial powers. The decision must be final decision or resolution of the COMELEC en banc, not of a division, and certainly not an interlocutory order of a division. The pre-requisite filing of a motion for reconsideration is mandatory.

COMELEC vs. Noynay, 292 SCRA 254- The RTCs have exclusive juridiction over election offenses, except failure to register or to vote which fall under the jurisdiction of the MTC, regardless of the duration of the penalties pursuant to Section 268 of the Omnibus Election Code.

PUBLIC INTERNATIONAL LAW

A treaty obligation has the force and effect of a statute and is given equal treatment with the latter. But the constitution may invalidate a treaty inconsistent with it, as it does in case of an unconstitutional statute. In the case of a conflict between a treaty and a statute, the principle of lex posterior derogat priori applies- a treaty may repeal a prior statute, and a later statute may repeal an existing treaty. (Sec. of Justice vs. Lantion, 322 SCRA 160, 2000)

Extradition is the removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to enable the requesting state or government to hold him in connection with any criminal investigation directed against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or government (see Sec. 2, PD 1069).

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READ: Gov’t. of USA vs. Purganan, September 24, 2002; Secretary of Justice vs. Lantion, 343 SCRA 377).

A person subject of an extradition request may be extradited for offense committed prior to the entry or effectivity of the extradition treaty. (Wright vs. CA, 235 SCRA 341)

War may exist without a proclamation to that effect. Actual hostilities may determine the date of the commencement of war, though no proclamation may have been issued, nod eclaration made, and no action of the executive or legislative branches of the government had. (US vs. Lagnason, 3 Phil 472)

Diplomatic immunity is essentially a political question and courts should refuse to look beyond a determination by the executive branch of the government. (WHO vs. Aquino, 48 SCRA 242)

Consul is not entitled to the privileges and immunities of an ambassador or minister, but is subject to the laws and regulations of the country to which he is accredited. He may, therefore, be subject of criminal prosecution. (Schneckenberger vs. Moran, 63 Phil 249)

The slander of a person cannot be treated as falling under the purview of the immunity granted to international officials who may only enjoy immunity with respect to acts performed by them in their official capacity. However, the international organizations they represent enjoy absolute immunity. (Liang vs. People, 355 SCRA 125 (2001))

LOCAL GOVERNMENT

Where the highest ranking member of the sanggunian was elevated to the position of vice-mayor, the resulting vacancy should be filled by a partymate of said sanggunian member. The reason behind the right given to a political party to nominate a replacement is to maintain the party representation as willed by the people in election. (Navarro vs. CA, November 28, 2001)

There is nothing in the Constitution that will remotely suggest that the people have the sole and exclusive right to decide on whether to initiate a recall proceeding. The Constitution did not provide for any mode, let alone a single mode, of initiating recall elections. Neither did it prohibit the adoption of multiple modes of initiating recall elections.

Initiation by the preparatory recall assembly is also initiation by the people, albeit done indirectly through their representatives. It is not constitutionally impermissible for the people to act through their elected representatives. (Garcia vs. COMELEC, 227 SCRA 100)Magtajas vs. Pryce, 234 SCRA 255, An ordinance, as a product of delegated power, cannot rise above a statute. For an ordinance to be valid: 1) it must not contravene the Constitution or any statute, 2) it must not be unfair or oppressive, 3) it must not be partial or discriminatory, 4) it must not prohibit but may regulate trade, 5) it must be general and consistent with public policy, and 6) it must not be unreasonable.

Heirs of Alberto Suguitan vs. City of Mandaluyong, 328 SCRA 137, The power of eminent domain, as delegated power from the legislature,

may only be exercised in strict compliance with the terms of the delegating law. An ordinance promulgated by the legislative body authorizing its local chief executive to exercise the power of eminent domain is necessary prior to the filing by the latter of the complaint with the proper court.

ADMINSTRATIVE LAW

Civil Servants may be removed from office on acts of dishonesty and grave misconduct even if it is not work-related. The private life of an employee cannot be segregated from his public life. (Bernardo vs. CA, 429 SCRA 285, May 27, 2004)

Read Doctrine of Primary Jurisdiction- Simply mandates that the regular courts, in controversies involving specialized disputes, defer to the findings or resolutions of administrative tribunals on certain technical matters. (Conrad & Co., Inc. vs. CA, 246 SCRA 691)

The precise function of the doctrine of primary jurisdiction is to guide a court in determining whether the court should refrain from exercising its jurisdiction until, after an administrative agency has determined some question or some aspect of some question arising in the proceeding before the court. (Quintos vs. National Stud Farm, 54 SCRA 210)

Factual findings of quasi-judicial agencies which have acquired expertise in matters entrusted to their jurisdictions are accorded by the courts not only respect but finality is supported by substantial evidence. (Katipunan ng Mga Manggagawa sa Daungan vs. Calleja, 278 SCRA 531)

Exhaustion of Administrative Remedies- Before one resorts to the courts of justice, such administrative remedies as may be available should first be exhausted. (vda. De Vilanueva v. Ortiz, 103 Phil 875)

The premature invocation of the intervention of the court is fatal to one’s cause of action. (Republic vs. Extelcom, January 15, 2002)

EXCEPTIONS: (1) issues are purely legal in nature, (2) public interest is involved; (3) extreme urgency is obvious; or (4) special circumstances warrant immediate or more direct action. (Indiana Aerospace University vs. CHED, April 4, 2001.)

(5) where the controverted act is patently illegal or was performed without jurisdiction; (6) where the respondent is a department secretary whose acts as an alter ego of the President bear the implied or assumed approval of the latter; (7) where there are circumstances indicating the urgency of judicial intervention (Mitra vs. Subido, 21 SCRA 127)

(8) when such remedy is permissive only, warranting the conclusion that the legislature intended to allow the judicial remedy even though the administrative remedy has not been exhausted (Corpus vs. Cuaderno, 4 SCRA 749)

PUBLIC OFFICERS

PUBLIC OFFICIALS- Laurel vs. Desierto, April 12, 2002- The National Centennial Commission which is tasked to spearhead the celebrations of the

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centennary of the Philippine Independence performed executive functions and is, therefore, a public office.

DEFACTO AND DEJURE OFFICERS DISTINGUISHED: The difference between the basis of authority of a dejure officer and that of a defacto officer is that one rests on right, the other on reputation. A defacto officer is one who is in possession of the office and discharging its duties under color of authority. By color of authority is meant that derived from an election or appointment, however irregular or informal, so that the incumbent is not a mere volunteer. (CSC vs. Joson, 429 SCRA 773, May 27, 2004)

Next in rank rule- There is neither mandatory nor preemptory requirement in the Civil Service Law that persons next-in-rank are entitled to preference in appointment. (Santiago vs. CSC, 178 SCRA 733)

There is valid restriction to the exercise by government workers of their right to peaceably assemble and petition the government for redress of grievances. Had the teachers availed of their free time to dramatize their grievances and to dialogue with the proper authorities within the bounds of law, no one, not the DECS, the CSC or even the Supreme Court could have held them liable for their participation in the mass actions.

RESIGNATION- to constitute a complete and operative resignation of public office, there must be an intention to relinquish a part of the term, accompanied by the act of relinquishment. A resignation implies an expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office and the acceptance by competent and lawful authority. (Gamboa vs. CA, 108 SCRA 1).

…to the BAR…

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