consti overview outline

8/10/2019 Consti Overview Outline

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CONSTITUTIONAL LAW 1

I.

Supremacy of the Constitution

Angara v. Electoral Commission, 53 Phil 139

The Constitution is a definition of the powers of government. Who is to determine the

nature, scope and extent of such powers? The Constitution itself has provided for the

instrumentality of the judiciary as the rational way. And when the judiciary mediates to

allocate constitutional boundaries, it does not assert any superiority over the other

departments; it does not in reality nullify or invalidate an act of the legislature, but only

asserts the solemn and sacred obligation assigned to it by the Constitution

I.

The Constitution

Manila Prince Hotel v. GSIS, 267 SCRA 408 (1997) (on constitutional supremacy)

A constitution is a system of fundamental laws for the governance and administration of a

nation. It has been defined as the fundamental and paramount law of the nation. It

prescribes the permanent framework of a system of government, assigns to the different

departments their respective powers and duties, and establishes certain fixed principles on

which government is founded. The fundamental conception in other words is that it is a

supreme law to which all other laws must conform and in accordance with which all private

rights must be determined and all public authority administered

II.

The State

1933 Montevideo Convention, Art. 1 (definition)4 elements

a. Sovereignty

The Province of North Cotabato vs. Government of the Republic of the Philippines Peace

Panel on Ancestral Domain, G.R. No. 183591, October 14, 2008.

The associative relationship between the Central Government and BJE is not recognized

under the present Constitution. The concept of association implies the recognition of the

associated entity as a state. The Constitution, however, does not contemplate any state inthis jurisdiction other than the Philippine State, much less does it provide for a transitory

status that aims to prepare any part of Philippine territory for independence

b. Territory

Magallona v. Ermita, GR No. 187167 (2011).

UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a multilateral

treaty regulating, among others, sea-use rights over maritime zones, contiguous zone,exclusive economic zone and continental shelves. Baselines laws such as RA 9522 are enacted


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i. State Immunity from Suit

Landbank vs. Rivera, G.R. No. 182431, November 17, 2001

Consent to be sued does not mean admission of liability

Waiver of immunity is not concession of liability

Consent mere opportunity for the other party to prove that State is liability

Suabilityresult of consent; liability is determined after hearing (due process)

Ministerio v. Court of First Instance, 40 SCRA 464 (1971)

Immunity from suit cannot be perpetrated as an instrument for perpetrating an

injustice to a citizen

When the government takes any property for public use, conditioned on just

compensation which judicially determined, the government submits to

jurisdiction of the court,

III.

Principles and State Policies

BCDA v COA

Article II of the Constitution is entitled Declaration of Principles and State Policies. By its very title,

Article II is a statement of general ideological principles and policies. It is not a source of

enforceable rights.

Principles

i.

Sovereignty of the People and Republicanism

1.

Direct and Indirect Democracy

2. Representation and renovation

3.

Accountability to the People

4.

Rule of the Majority

5. Rule of Law

Definition of Republican State

It is one wherein all government authority emanates from the people and is

exercised by representatives chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct

democracy such as initiative and referendum.

ii.

Adherence to International Law

1.

Renunciation of War

The Philippines only renounces AGGRESSIVE war as an instrument of

national policy. It does not renounce defensive war.

2.

Adoption of International Law3.

Adherence to policy of peace, freedom, amity


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Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to

leave the country is due to the fact that no country will accept him ( Mejoff v. Director

of Prisons, 90 Phil. 70)

2.

The right of a country to establish military commissions to try war criminals ( Kuroda v.

Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Pharmaceutical and Healthcare v. Health Secretary, GR No. 173034, October 9, 2007

WHA Resolutions were not generally accepted principles of international law and

thus did not form part of the law of the land.

Under the 1987 Constitution, international law can become part of the sphere of

domestic law either by transformation or incorporation. The transformation method

requires that an international law be transformed into a domestic law through a

constitutional mechanism such as local legislation. The incorporation method applies

when, by mere constitutional declaration, international law is deemed to have theforce of domestic law.

iii. Supremacy of Civilian Authoiry

IBP v. Zamora, GR No. 141284, August 15, 2000

Jamar M. Kulayan v. Gov. Tan, GR No. 187298, July 3, 2012

iv.

Government as protector of People and People as defenders of the State

b. Policies

i.

Independent foreign policy and a nuclear-free Philippines

Bayan v. Zamora (VFA)

Sec. 25 Art. XVIII which specifically deals with treaties involving foreign military

bases and troops should apply in the instant case. Hence, for VFA to be

constitutional it must sufficiently meet the following requisites :

a) it must be under a treaty

b) the treaty must be duly concurred in by the Senate, and when so required by

Congress, ratified by a majority of votes cast by the people in a national

referendum

c) recognized as a treaty by the other contracting State

There is no dispute in the presence of the first two requisites. The third requisite

implies that the other contracting party accepts or acknowledges the agreement

as a treaty. Moreover, it is inconsequential whether the US treats the VFA only as

an executive agreement because, under international law, an executive

agreement is as binding as a treaty. They are equally binding obligations upon

nations. Therefore, there is indeed marked compliance with the mandate of the

constitution.

ii. Just and Dynamic Social Order


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viii.

Autonomy of Local Governments

ix.

Sema v. Comelec, GR No. 177597, July 16, 2008

For Congress to delegate validly the power to create a province or city, it must also

validly delegate at the same time the power to create a legislative district. Under the

present Constitution, as well as in past Constitutions, the power to increase the

allowable membership in the House of Representatives, and to reapportion

legislative districts, is vested exclusively in Congress.

IV.

a.

Separation of Powers

BOC v. Tevez

Although the principle of separation of powers ordains that each of the three great branches of

government has exclusive cognizance of and is supreme within matters falling within its own

constitutionally allocated sphere, the principle of non-delegation of powers admits of exceptions,

such as the delegation of legislative power to various specialized administrative agencies. In this

case, the law passed both the completeness test (set forth the policy of the law, the optimization

of the revenue-generation capability and collection of the BIR and BOC) and the sufficient

standards test (the law limits the powers of the Boards authority and specifies the conditions

under which employees may be removed).

b.

Judicial Review; Theory and Justification

Marbury v. Madison, 1 Cranch (5 US) 137, 2 L.ED. 60 (1803)

And when the judiciary mediates to allocate constitutional boundaries, it does not assert any

superiority over the other departments; it does not in reality nullify or invalidate an act of the

legislature, but only asserts the solemn and sacred obligation assigned to it by the

Constitution

c.

Justiciable and Political Questions

Tanada v. Cuenco, 13 SCRA 375 (1965)

Political questions refer to those questions which, under the Constitution, are to be decided

by the people in their sovereign capacity, or in regard to which full discretionary authority has

been delegated to the legislative or executive branch of the government; it is concerned with

issues dependent upon the wisdom, not legality, of a particular measure.

d. Requisites of Judicial Review

i. Actual Case or Controversy


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A conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis

of existing law and jurisprudence

1.

Prematurity

PACU v. Secretary of Education, 97 Phil 806 (1955)

A request for advisory opinion is not an actual case or controversy

Montesclaros v. Comelec, GR No. 152295 (2002)

A proposed bill is not subject to judicial review because it creates no rights

and imposes no duties enforceable by the courts.

2.

Mootness

David v. Arroyo, GR No. 171396, May 3, 2006

Exceptions: 1) grave violation of the Constitution; 2) paramount public

interest is involved; 3) constitutional issues require formulation of principles to guide

the bench and the bar; 4) evading review

ii.

Proper Party

1.

Taxpayers Standing

Information Technology Foundation v. Comelec GR No. 159139 (2004)

When there is a claim of illegal disbursement of public funds

2.

Legislative Standing

Ople v. Torres, 293 SCRA 141 (1998)

If there is usurpation of legislative power

3.

Transcendental Importance

iii.

Earliest Opportunity

Must be raised in the pleadings. Not on appeal or Motion for Reconsideration (Umali v.

Guingona)

iv.

Necessity of Deciding Constitutional Questions (lis mota rule)

ARTICLE VITHE LEGISLATIVE DEPARTMENT


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Legislative power 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.

Limkaichong v. COMELEC

Under the 1987 Constitution, Members of the House of Representatives must be natural-born citizens not only

at the time of their election but during their entire tenure .

Legislative Power: The authority to make laws and to alter or repeal them.

Limits of the legislative power of Congress:

1.

Substantivelimitations on the content of laws. E.g. no law shall be passed establishing a state religion.

2. Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three

readings on three separate days.

Note:

Provided that these two limitations are not exceeded, Congress legislative power is plenary.

NON-DELEGATION RULE

1.

Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated

legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:

1.

Delegation of legislative power to local government units;

2.

Instances when the Constitution itself allows for such delegation

What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION.

This involves either of two tasks for the administrative agencies:

1. Filling up the details on an otherwise complete statute; or

2. Ascertaining the facts necessary to bring a contingent law or provision into actual operation.

SENATE

Composition

24 senators who shall be elected at large

6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

Term Limitations:

1.

No Senator shall serve for more than 2 consecutive terms.

2.

Voluntary renunciation of 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.

HOUSE OF REPRESENTATIVES

Composition:


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1.

Constitute 20% of the total number of representatives, including those under the party-list system

Atong Paglaum v. Comelec

I. Parameters. In qualifying party-lists, the COMELEC must use the following parameters:

1. Three different groups may participate in the party-list system: (1) national parties or

organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.

2. National parties or organizations and regional parties or organizations do not need to organize

along sectoral lines and do not need to represent any marginalized and underrepresented sector.

3.. A political party, whether major or not, that fields candidates in legislative district elections can

participate in party-list elections only through its sectoral wing

4. Sectoral parties or organizations may either be marginalized and underrepresented or lacking in

well-defined political constituencies.

5. A majority of the members of sectoral parties or organizations that represent the marginalized and

underrepresented or those that lack well-defined political constituencies must belong to the

sector they represent. The nominees of sectoral parties or organizations that represent the

marginalized and underrepresented, or that represent those who lack well-defined political

constituencies, either must belong to their respective sectors, or must have a track record of

advocacy for their respective sectors.

6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their

nominees are disqualified, provided that they have at least one nominee who remains qualified.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE)

OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.

Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators

can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits.

CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:

a. Legislators are privileged from arrest while Congress is in session with respect to offenses

punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special session,

the immunity from arrest applies.

b.

If Congress is in recess, members thereof may be arrested.

c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

2.)

Legislative privilege:

a.

No member shall be questioned or held liable in any forum other than his/her respective

Congressional body for any debate or speech in the Congress or in any Committee thereof.b.

Limitation on the privilege:


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(i)

Protection is only against forum other than Congress itself. Thus for inflammatory remarks

which are otherwise privileged, a member may be sanctioned by either the Senate or the

House as the case may be.

(ii) Congress need NOT be in session when the utterance is made, as long as it forms part of

legislative action, i.e. part of the deliberative and communicative process used to participate

in legislative proceedings in consideration of proposed legislation or with respect to other

matters with Congress jurisdiction.

Osmena v. Pendatun

The privilege does not protect a lawmaker from responsibility before the legislative body whenever his words

and conduct are considered disorderly or unbecoming of a member therein..

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:

Disqualifications:

DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House cannot hold any

other office or employment in the Government

or any subdivision, agency or Instrumentality

thereof, including GOCCS or their subsidiaries.

During his term. If he does so, he forfeits his seat.

2. Legislators cannot be appointed to any office.

IF the office was created or the emoluments

thereof increased during the term for which he

was elected.

3. Legislators cannot personally appearas counsel

before any court of justice, electoral tribunal,

quasi-judicial and administrative bodies.

During his term of office.

4. Legislators cannot be financially interested

directly or indirectly in any contract with or in any

franchise, or special privilege granted by the

Government, or any subdivision, agency or

instrumentality thereof, including any GOCC or its

subsidiary.

During his term of office.

5. Legislators cannot intervene in any matter

before any office of the government.

When it is for his pecuniary benefit or where he

may be called upon to act on account of his office.

REGULAR AND SPECIAL SESSIONS

Regular Sessions:

1.)

Congress convenes once every year on the 4th

Monday of July (unless otherwise provided for by law)

2.)

Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session,

excluding Saturdays, Sundays, and legal holidays.


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Special Sessions:

Called by the President at any time when Congress is not in session.

Quorum to do business:1. Majority of each House shall constitute a quorum.

2. A smaller number may adjourn from day to day and may compel the attendance of absent members.

3.

In computing a quorum, members who are outside the country and thus outside of each Houses coercive

jurisdiction are not included.

Internal Rules:

1.

Each House shall determine its own procedural rules.

2.

Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of

powers, the courts cannot intervene in the implementation of these rules insofar as they affect the

members of Congress.

3.

Also, since Congress has the power to make these rules, it also has the power to ignore them whencircumstances so require.

Discipline:

1.)

Suspension

a. Concurrence of 2/3 of ALL its members and

b. Shall not exceed 60 days.

2.)

Expulsion

a.

Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:

1.)

The Journal is conclusive upon the courts.

2.)

BUT an enrolled bill prevails over the contents of the Journal.

3.)

An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding

officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the

enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

Adjournments:

1.)

Neither House can adjourn for more than 3 days during the time Congress is in session without the consent

of the other House.

2.)

Neither can they adjourn to any other place than that where the two houses are sitting, without theconsent of the other.

Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:

1.

3 Supreme Court Justices to be designated by the Chief Justice; &

2.

6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ETs shall be chosen on the basis of proportiona l representation from

the political parties and party-list organizations.


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THE COMMISSION ON APPOINTMENTS

Composition:

1.)

Senate President as ex-officio chairman;

2.)

12 Senators; and

3.)

12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the

political parties and party-list organizations.

Jurisdiction

1.) CA shall confirm the appointments by the President with respect to the following positions:

a.

Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).

b.

Ambassadors, other public ministers or consuls.

c.

Officers of the AFP from the rank of Colonel or Naval Captain: and

d.

Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2.)

Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall

be subject to confirmation by the CA.

3.)

Appointments extended by the President to the above-mentioned positions while Congress is not in

session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

LEGISLATIVE INQUIRIES

Scope:

1. Either House or any of their committees may conduct inquires in aid of legislation.

2.

If the stated purpose of the investigation is to determine the existence of violations of the law, the

investigation is no longer in aid of legislation but in aid of prosecution. This violates the principle of

separation of powers and is beyond the scope of congressional powers.

Enforcement:

1.

Since experience has shown that mere requests for information does not usually work, Congress has the

inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such

time that they agree to testify.

2.

The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the bodyceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each

Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite

because the Senate, with its staggered terms, is a continuing body.

3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry

is within the scope of Congress powers. i.e. it is in aid of legislation.

4.

The materiality of a question is determined not by its connection to any actually pending legislation, but by

its connection to the general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be

exercised by local government units unless they are expressly authorized to do so.

Limitations:


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1.

In order to become a law, each bill must pass three (3) readings in both Houses.

2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form

shall be distributed to its Members three (3) days before its passage.

3.

Exception: If a bill is certified as urgent by the President as to the necessity of its immediate

enactment to meet a public calamity or emergency, the 3 readings can be held on the same day.

4.

First readingonly the title is read; the bill is passed to the proper committee

Second readingEntire text is read and debates are held, and amendments introduced.

Third reading only the title is read, no amendments are allowed. Vote shall be taken

immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.

2.

If the President does not approve of the bill, he shall veto the same and return it with his objections to the

House from which it originated. The House shall enter the objections in the Journal and proceed to

reconsider it.

3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If

he fails to do so, the bill shall become a law as if he signed it.

4.

To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such

case, the veto is overriden and becomes a law without need of presidential approval.

5. Item veto

a.

The President may veto particular items in an appropriation, revenue or tariff bill.

b. This veto will not affect items to which he does not object.

c. Definition of item

POWER TO TAX

Limitations:

1)

The rule of taxation should be UNIFORM

2)

It should be EQUITABLE

3)

Congress should evolve a PROGRESSIVE system of taxation.

4)

The power to tax must be exercised for a public purpose because the power exists for the general welfare

5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1)

Congress may, BY LAW, authorize the President to fix the following:

a) Tariff rates

b)

Import and Export Quotas

c)

Tonnage and wharfage dues

d)

Other duties and imposts

Within the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed by Congress and

subject to such limitations and restrictions as it may impose.


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1)

All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and

duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational

purposes. (Art. XIV Sec 4 (3))

2)

Grants, endowments, donations or contributions used actually, directly and exclusively for educational

purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

Power of the Purse

1)

No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by

law.

a) This places the control of public funds in the hands of Congress.

b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the

rule does not require yearly, or annual appropriation.

2)

Limitations.

a)

Appropriations must be for a PUBLIC PURPOSEb) Cannot appropriate public funds or property, directly or indirectly, in favor of religion

c)

BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it

incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police

also protects the safety of clergymen.

Section 32. INITIATIVE AND REFERENDUM

1)

Through the system of initiative and referendum, 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.

2)

Required Petition

a)

Should be signed by at least 10% of the total number of registered voters

b)

Every legislative district should be represented by at least 3% of the registered voters

c)

Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

EXECUTIVE POWER

1)

Executive power is vested in the President of the Philippines.

Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the

country, which powers include others not set forth in the Constitution.

The Vice-President has the same qualifications & term of office as the President.

MANNER OF ELECTION/ TERM OF OFFICE

Manner of Election

1)

The President and Vice-President shall be elected by direct vote of the people.

2)

Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall

be forwarded to Congress, directed to the Senate President.


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3) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of

both Houses, voting separately.

4)

The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns,

and qualifications of the President or Vice-President and may promulgate its rules for the purpose.

Macalintal v. PET

The last line of the provision creating the PET and may promulgate its rules for the purpose. This was

done in order to indicate that the sole power to promulgate the rules of the PET is vested in the Supreme

Court, without intervention by the legislature. With this, the Supreme Court held that the PET needed no

law for its creation. What the provision merely did was to constitutionalize what was once merely

statutory.

PRESIDENTIAL SUCCESSION

1.

Vacancies at the beginning of the term

VACANCY SUCCESSOR

President-elect fails to qualify or to be chosen VP-elect will be Acting President until someone is

qualified/chosen as President.

President-elect dies or is permanently disabled. VP becomes President.

Both President and VP-elect are not chosen or do

not qualify or both die, or both become

permanently disabled.

1. Senate President or

2.

In case of his inability, the Speaker of the

House shall act as President until a President

or a VP shall have been chosen and qualified.In case of death or disability of (1) and (2), Congress

shall determine, by law, who will be the acting

President.

2. Vacancies after the office is initially filled:

VACANCY SUCCESSOR

President dies, is permanently disabled, is

impeached, or resigns.

Vice-President becomes President for the

unexpired term.

Both President and Vice-President die, become

permanently disabled, are impeached, or resign.

1.

Senate President or

2. In case of his inability, the Speaker of the

House shall act as President until the Presidentor VP shall have been elected and qualified.

1)

Vacancy in office of Vice-President during the term for which he was elected:

a) President will nominate new VP from any member of either House of Congress.

b)

Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses,

voting separately. (Nominee forfeits seat in Congress)

2) Election of President and Vice-President after vacancy during tem


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a)

Congress shall convene 3 days after the vacancy in the office of both the President and the VP,

without need of a call. The convening of Congress cannot be suspended.

b)

Within 7 days after convening, Congress shall enact a law calling for a special election to elect a

President and a VP. The special election cannot be postponed.

c) The special election shall be held not earlier than 45 days not later than 60 days from the time of the

enactment of the law.

d)

The 3 readings for the special law need not be held on separate days.

e) The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next

presidential election.

Section 13. DISQUALIFICATIONS

SUBJECT SOURCE OF DISQUALIFICATIONPresident, Vice-President, Cabinet

Members, Deputies or Assistants of

Cabinet Members

Prohibited from:

1. Holding any office or employment during their tenure,

UNLESS:

a.

otherwise provided in the Constitution (e.g. VP can be

appointed a Cabinet Member, Sec. of Justice sits on Judicial

and Bar Council); or

b. the positions are ex-officio and they do not receive any

salary or other emoluments therefor (e.g. Sec. of Finance is

head of Monetary Board).

2.

Practicing, directly or indirectly, any other professionduring their tenure;

3.

Participating in any business;

4.

Being 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 GOCC's or their subsidiaries.

N.B. The rule on disqualifications for the President and his

Cabinet are stricter than the normal rules applicable to

appointive and elective officers under Art. IX-B, Sec. 7.Spouses and 4

th degree relatives of

the President (consanguinity or

affinity)

Cannot be appointed during Presidents tenure as:

1.

Members of the Constitutional Commissions;

2. Office of the Ombudsman;

3. Department Secretaries;

4.

Department under-secretaries;

5.

Chairman or heads of bureaus or offices including

GOCCs and their subsidiaries.

N.B.

a.

If the spouse, etc., was already in any of the above offices at

the time before his/her spouse became President, he/shemay continue in office. What is prohibited is appointment

and reappointment, NOT continuation in office.


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b. Spouses, etc., can be appointed to the judiciary and as

ambassadors and consuls.

Sections 14-16. POWER TO APPOINT

Principles:

1)

Since the power to appoint is executive in nature, Congress cannot usurp this function.

2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular

offices, the determination of who among those who are qualified will be appointed is the Presid ents

prerogative.

Scope:

The President shall appoint the following:

1)

Heads of executive departments (CA confirmation needed):

2)

Ambassadors, other public ministers, and consuls (CA confirmation needed).3)

Officers of AFP from rank of colonel or naval captain (CA confirmation needed).

4) Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as:

a) Chairmen and members of the COMELEC, COA and CSC.

b)

Regular members of the Judicial and Bar Council.

c)

The Ombudsman and his deputies;

5)

All other officers whose appointments are not otherwise provided for by law; and those whom he may be

authorized by law to appoint.

a)

This includes the Chairman and members of the Commission on Human Rights, whose

appointments are provided for by law NOT by the Constitution.

b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone

or in the courts, or in the heads of departments, agencies, boards or commissions.

c)

BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for

offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral

Governor).

1)

CA confirmation needed:

a)

Nomination by President

b)

Confirmation by CAc)

Appointment by President; and

d) Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the

nomination/appointment.

2) No CA confirmation:

a)

Appointment; and

b)

Acceptance.

Note: Once appointee accepts, President can no longer withdraw the appointment.


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Ad-interim appointments:

1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.

2)

These appointments are effective immediately, but are only effective until they are disapproved by the CA

or until the next adjournment of Congress.

3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA

approval.

Appointments by an Acting President:

These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or

re-assumption of office.

Limitation

1)

2 months immediately before the next Presidential elections, and up to the end of his term,the Presidentor Acting President SHALL NOT make appointments. This is to prevent the practice of midnight

appointments.

2)

EXCEPTION:

a) Can make TEMPORARY APPOINTMENTS

b) To fill EXECUTIVE POSITIONS;

c)

If continued vacancies therein will prejudice public service or endanger public safety.

Power of Control and Supervision

Power of Control:

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of

his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President

exercises control over all the executive departments, bureaus, and offices.

The Presidents power over government-owned corporations comes not from the Constitution but from

statute. Hence, it may be taken away by statute.

Qualified Political Agency:

1)

Since all executive and administrative organizations are adjuncts of the Executive Department, the headsof such departments, etc. are assistants and agents of the President.

2)

Thus, generally the acts of these department heads, etc, which are performed and promulgated in the

regular course of business, are presumptively the acts of the President.

3)

Exception: If the acts are disapproved or reprobated by the President.

4)

Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in

order to comply with the requirement of exhaustion of administrative remedies.

5) Qualified political agency does NOT apply if the President is required to act in person by law or by the

Constitution. Example: The power to grant pardons must be exercised personally by the President.


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Disciplinary Powers:

1)

The power of the President to discipline officers flows from the power to appoint the, and NOT from the

power control.

2) BUT While the President may remove from office those who are not entitled to security of tenure, or those

officers with no set terms, such as Department Heads, the officers, and employees entitled to security of

tenure cannot be summarily removed from office.

Power of Supervision:

1)

This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.

2)

The power of the president over local government units is only of general supervision. Thus, he can only

interfere with the actions of their executive heads if these are contrary to law.

3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.

4)

The power of supervision does not include the power of control; but the power of control necessarily

includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:

1)

The President is the Commander-in-Chief of the Armed Forces.

2)

Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:

a)

Lawless violence;

b)

Invasion; or

c)

Rebellion.

3) The President may also:

a)

Suspend the privilege of the writ of habeas corpus; and

b)

Proclaim a state of martial law.

Suspension of the privilege of the writ of habeas corpus and declaring martial law;

1.

Grounds

a.

Invasion or

b.

Rebellion; and

c. Public safety requires it.

2.

The invasion or rebellion must be ACTUAL and not merely imminent.

3.

Limitations:

a. Suspension or proclamation is effective for only 60 days.

b.

Within 48 hours from the declaration or suspension, the President must submit a report to

Congress.


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c.

Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set

aside the revocation.

d.

In the same manner, at the Presidents initiative, Congress can extend the same for a period

determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.

NOTE: Congress CANNOT extend the period motu propio.

e.

Supreme Court review:

i. The appropriate proceeding can be filed by any citizen.

ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.

iii. Decision is promulgated within 30 days from filing.

f.

Martial Law does NOT:

i. Suspend the operation of the Constitution.

ii. Supplant the functioning of the civil courts or legislative assemblies.

iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are

able to function and

iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly

connected with invasion.

ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise

he should be released.

Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial

review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war is

subject to the Presidents judgment and discretion.

Section 19: EXECUTIVE CLEMENCY

Scope:

1.)

The President may grant the following:

a. Pardons (conditional or plenary)

b.

Reprieves

c. Commutations

d. Remittance of fines and forfeitures

2.)

These may only be granted AFTER conviction by final judgment.

3.)

ALSO: The power to grant clemency includes cases involving administrative penalties.


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4.)

Where a conditional pardon is granted, the determination of whether it has been violated rests with

the President.

Amnesty V. Pardon

AMNESTY PARDON

Addressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALS

Need not be accepted Must be accepted

Requires concurrence of majority of all

members of Congress

No need for Congressional concurrence

A public act. Subject to judicial notice Private act of President. It must be proved.

Extinguishes the offense itself Only penalties are extinguished.

May or may not restore political rights. Absolute

pardon restores. Conditional does not.

Civil indemnity is not extinguished.

May be granted before or after conviction Only granted after conviction by final judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:

(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the

prior concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in

order to be valid and effective in our country.

(b) Options of Senate when a treaty is submitted for its approval:

(i)

Approve with 2/3 majority;

(ii)

Disapprove outright; or

(iii) Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the treaty will go into

effect without need of further Senate approval.

Note: While our municipal law makes a distinction between international agreements and executive

agreements, with the former requiring Senate approval and the latter not needing the same, under

international law, there is no such distinction.


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ARTICLE VIII. THE JUDICIAL DEPARTMENT

SEC. 1. JUDICIAL POWER

Scope:

1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are

enforceable and demandable before the courts of justice or the redress of wrongs for violations of such

rights.

2. Vested in the Supreme Court and such lower courts as may be established by law.

3. Since the courts are given judicial power and nothing more, courts may neither attempt to assume or be

compelled to perform non-judicial functions. They may not be charged with administrative functions except

when reasonably incidental to the fulfillment of their duties.

4. In order that courts may exercise this power, there must exist the following:

a.

An actual controversy with legally demandable and enforceable rights;

b.

Involving real parties in interest;

c. The exercise of such power will bind the parties by virtue of the courts application of existing

laws.

5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are

violated, there can be no recourse to the courts.

6. The courts cannot be asked for advisory opinions.

7. Judicial power includes:

a.

The duty of the courts to settle actual controversies involving rights which are legally demandable

and enforceable; and

b.

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.

FISCAL AUTONOMY

1. The entire judiciary shall enjoy fiscal autonomy.

2.

Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the

previous year.

3.

Once approved, appropriations shall be automatically and regularly released.


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JUDICIARY

Composition of the Supreme Court:

1.

Chief Justice and2.

14 Associate Justices

Note: 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 8. JUDICIAL AND BAR COUNCIL

1. The Judicial and Bar Council is under the supervision of the SC.

A. Is under the supervision of the Supreme Court and is composed of:

1.

Chief Justice, as ex-officio chairman

2.

Secretary of Justice, as an ex-officio member

3.

Representative of Congress, as an ex-officio member

4. Representative of the Integrated Bar

5.

A professor of law

6.

A retired member of the SC; and

7.

Private sector representative

Note: The last four re the regular members of the JBC. Regular members are appointed by the President with

CA approval. Regular members serve for 4 years, with staggered terms.

B. Functions of JBC

1. Principal function: recommend appointees to the Judiciary

2.

Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary

1.

President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the

JBC.

2.

No CA confirmation is needed for appointments to the Judiciary.

3.

Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.

4.

Vacancies in lower courts should be filled within 90 days from submission to the President ofthe JBC list.

SEC. 10. SALARIES

1. Salaries of SC Justices and judges of lower courts shall be fixed by law.

2. Cannot be decreased during their continuance in office, but can be increased.

3. Members of the Judiciary are NOT exempt from payment of income tax.


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SEC. 11. TENURE/DISCIPLINARY POWERS OF SC

1. Members of the SC and judges of the lower courts hold office during good behavior until

a. The age of 70 years old; or

b. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:

a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.

b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and

voted therein.

3. Removal of SC Justices:

a. Only by IMPEACHMENT.

b. Cannot be disbarred while they hold office.

SECS. 4-6, 13. THE SUPREME COURT

Hearing of cases:

1. En banc; or

2.

Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:

a. Treaty

b. International or executive agreement or

c. Law.

2. All cases required to be heard en banc under the Rules of Court:

a. Appeals from Sandiganbayan; and

b. From the Constitutional Commissions

3. All cases involving the constitutionality, application or operation of

a. Presidential decrees

b. Proclamations

c. Orders

d. Instructions


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e. Ordinances; and

f. Other regulations.

4. Cases heard by a division where required majority of 3 was not obtained.

5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a

division.

6. Administrative cases to discipline or dismiss judges of lower courts; and

7. Election contests for President and Vice-President.

Cases heard by division

1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and

voted thereon.

2. Majority vote in a division should be at least 3 members.

Powers of the SC

1. SC has ORIGINAL jurisdiction over

a. Cases affecting ambassadors, other public ministers and consuls.

Note: This refers to foreign ambassadors, etc., stationed in the Philippines.

b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:

a. All cases involving the constitutionality or validity of any

i. treaty

ii.

international or executive agreement

iii.

law

iv.

presidential decree

v.

proclamation

vi.

order

vii.

instruction


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viii.

ordinance, or

ix.

regulation;

b. All cases involving the legality of any

i.

tax

ii.

impostiii.

assessment or

iv. toll or

v. any penalty imposed in relation thereto;

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

d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and

e. All cases where ONLY errors or questions of law are involved.

3. Temporarily assign lower court judges to other stations in the public interest.

Note: Temporary assignment shall not exceed 6 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:

a. The protection and enforcement of constitutional rights;

b. Pleading, practice and procedure in all courts;

c. Admission to the practice of law;

d. The Integrated Bar; and

e. Legal assistance to the underprivileged.

Limitations on Rule Making Power

a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.

b. It should be uniform for all courts of the same grade.

c. It should not diminish, increase, or modify substantive rights.

6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.


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7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.

2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and

served upon the parties.

3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.

Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the

Sandiganbayan).

JUDICIAL REVIEW

Definition

1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.

2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.

3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites

1. An ACTUAL CASE calling for the exercise of judicial power

2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse

effect on the person challenging it.

3. The person challenging the governmental act must have STANDING, i.e. a personal and substantial interest

in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.

4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.

5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Effect of a declaration of unconstitutionality:

1. Prior to the declaration that a particular law is unconstitutional, it is considered as an operative fact which

at that time had to be complied with.

2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional.

3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

SEC. 14. DECISIONS


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1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.

2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis

for such refusal.

3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court,

are allowed as long as the decision adopted by reference is attached to the Memorandum for easy

reference.

4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military

tribunals.

CONSITUTIONAL COMMISSIONSCivil Service Commission (CSC)

Commission on Elections (COMELEC)

Commission on Audit (COA)

Safeguards ensuring their independence:

1.

Constitutionally created

2.

Functions may not be reduced by statute

3.

Chairmen and members cannot be removed except by impeachment

4.

Chairmen and members have relatively long term of office of 7 years

5. No reappointment or appointment in an acting capacity

Brillantes v. Yorac6. Fiscal autonomy

7.

Salaries may not be decreased during continuance in office

8.

Power to promulgate rules of procedure

Decisions are reached by majority vote of all members

Estrella v. Comelec:

What is required is the majority vote of all the members, not only of those who participated in the

deliberations and voted thereon in order that a valid decision may be made by the Constitutional Commissions.

Civil Service Commission

(will be further discussed in your Admin Law and Public Officers Law subjects)3 members

Appointed by the President with the consent of the Commission on Appointments

Central Personnel Agency of the Government

Scope of Civil Service: Embraces all branches, subdivisions, instrumentalities and agencies of the Government,

including GOCC with original charters

Thus:

An employee of the governmentcovered by the CSC law/rules

An employee of a private companygoverned by Labor law (a 2nd

year subject)

GOCCs with original charters

As distinguished from those created under the Corporation Code (Your 3rd

year subject)


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UP, having been created by a special law and having an original charter, is clearly part of the Civil Service. (UP v.

Regino)

Appointments in the Civil Servicemade only according to merit and fitness to be determined, as far as

practicable by competitive exams. Except for the following:

Policy determiningwhere the officer lays down principal or fundamental guidelines or rules

Primarily confidentialdenotes close intimacy which ensures freedom of intercourse without embarrassment

or freedom from misgivings or betrayals on confidential matters (De los Santos v. Mallare)

Highly technicalrequires possession of technical skill or training in a superior degree.

Rules on appointments:

Appointing authority for every government agency as determined by law (Admin Code, CSC law, etc.)

As long as the appointee possesses the minimum qualification requirements prescribed by law, appointing

authority has discretion who to appoint. (Luego v. CSC)

The discretion of the appointing authority is not only in the choice of the person who is to be appointed, but

also in the nature or character of the appointmentwhether permanent or authority. (Province of Camarines

Sur v. CA)

Rules expressly provided by the Constitution:1. No candidate who has lost in any election shall, within one yearafter such election, be appointed to

any office in the Government or any GOCC or in any subsidiaries. (Note the case of Mar Roxas who

had to wait for a year to be appointed as Cabinet Secretary after losing in the VP elections)

2.

No electiveofficial shall be eligible for appointment or designation in any capacity to any public office

or position during his tenure

Section 7 Article IX-B !Unless otherwise allowed by law or by the primary functions of the

position, no appointive official shall hold any other office in the Government... (Funa, CLU cases)

Note that this is the general rule, Article 7 Sec 13 is the exception (for Pres, VP, Cabinet Sec and dep)

3. Security of Tenure for govt employees

Valid abolition of office does not violate security of tenure. Note: abolition must be in good faith4. No officer or employee in the Civil Service shall engage, directly or indirectly, in any electioneering or

partisan political campaign.

5. Right to self-organize

BUT Government employees may not engage in strikes to demand changes in the terms and

conditions of employment for these terms are provided by law (Alliance of Concerned Teachers v.

Carino)

6.

Prohibition on Double Compensation

This does not mean that a govt retiree cannot receive pension and at the same time receive

compensation for a new government position. (Santos v. CA)

THE COMMISSION ON ELECTIONS

Composition: (7)

1)Chairman and

2)Commissioners (6)

Qualifications include: Not candidates for any elective position in the immediately preceding elections.

5) Majority of the Commission, including the Chairman must be:

a). Members of the Philippines Bar

b). Engaged in the practice of law for at least 10 years: any activity in or out of court, which requires

the application of law, legal procedure, knowledge, training and experience.

6) Appointments subject to CA approval

Powers:


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1)

Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,

initiative, referendum, and recall.

(a)

Ex: COMELEC can enjoin construction of public works within 45 days of an election.

2)

Exercise:

Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications

of all elective

1. Regional,

2. Provincial, and

3. City officials

B. Appellate jurisdiction over all contests involving:

1. Elective municipal officials decided by trial courts of general jurisdiction

2. Elective barangay officials decided by trial courts of limited jurisdiction.

C. Decisions, final orders, or rulings of the Commission on election contests involving elective

municipal and barangay offices shall be final, executory, and not appealable.

Exception: Appealable to the SC on questions of law.

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.

Note:Questions involving the right to vote fall within the jurisdiction of the ordinary courts.

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.

a). This power is NOT limited to the election period.

b). Applies to both criminal and administrative cases.

5) Registration of political parties, organizations, or coalitions/accreditation of citizens arms of the

Commission on Elections.


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Rules of Procedure

1) COMELEC can sit en banc or in two divisions

2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election

cases, including pre-election controversies.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES /

CONCESSIONS

Regulation of franchises

A. What can COMELEC supervise or regulate

1). The enjoyment or utilization of all franchises or permits for the operation of transportation and

other public utilities, media of communication or information.

2). Grants, special privileges or concessions granted by the Government or any subdivision, agency

or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power

1). During the election period

a). Under Article XI, Section 9, the election period commences 90 days before


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B.

Any of its subdivisions, agencies or instrumentalities;

C.

Including GOCCs with original charters.

2) Conduct post-audit with respect to the following:

A.

Constitutional bodies, commissions, and offices granted fiscal autonomy;

B.

Autonomous state colleges and universities;

C. GOCCs and their subsidiaries incorporated under the Corporation Code.

D. None-governmental entities receiving subsidies or equity, directly or indirectly, from or through

the government, which are required by law of the granting of institution to submit to such audit.

3)

If COA finds internal control system of audited agencies as inadequate, COA may adopt measures,

including temporary or special pre-audit, as may be necessary.

4)

Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining

thereto.

5)

Exclusive authority to define the scope of COAs audit and examination and to establish the techniques and

methods required therefor.

6)

Promulgate accounting and auditing rules and regulations.

A.

Including those for the prevention or disallowance of irregular, unnecessary, excessive,

extravagant, or unconscionable expenditures or uses of government funds and properties.

B. Failure to comply with these rules can be a ground for disapproving the payment of a proposed

expenditure.

Note:

1) The functions of COA can be classified as:

A. Examine and audit all forms of government revenues;

B.

Examine and audit all forms of govt expenditures

C.

Settle govt accounts

D.

Promulgate accounting and auditing rules (including those for the prevention of

irregularexpenditures.

E. To decide administrative cases involving expenditures of public funds.

2)

COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic

process.

3) COA has authority not just over accountable officers but also over other officers who perform functions

related to accounting such as verification of evaluations and computation of fees collectible, and theadoption of internal rules of control.

4)

COA does not have the power to fix the amount of an unfixed or undetermined debt.

5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to

approve and pass in audit vouchers for payment:

A.

There is a law appropriating funds for a particular purpose;

B.

There is a contract, made by the proper officer, entered into in conformity with the above-

mentioned law;

C. The goods or services covered by such contract have been delivered or rendered in pursuance to

such contract, as attested by the proper officer; and

D.

Payment has been authorized by officials of the corresponding department or bureau.


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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.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:

1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to

improve specific provisions of the Constitution. The changes brought about by amendments will not affect

the other provisions of the Constitution.

2) Revision: An examination of the entire Constitution to determine how and to what extent it should be

altered. A revision implies substantive change, affecting the Constitution as a whole.

Constituent power v. Legislative power

1)

Constituent poweris the power to formulate a Constitution or to propose amendments to or revisions of

the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend orordinary laws or statutes (as opposed to organic law).

2)

Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional

Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign

electorate, whereas legislative power is an ordinary power of Congress and of the people, also through

initiative and referendum.

3)

The exercise of constituent powerdoes not need the approval of the Chief Executive, whereas the exercise

of legislative power ordinarily needs the approval of the Chief Executive, except when done by people

through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and3) Ratification.

Proposal of amendments:

Amendments may be proposed by:

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

The power of Congress to propose amendments is NOT part of its ordinary legislative power.

The only reason Congress can exercise such power is that the Constitution has granted it such power.

B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or

b). By a majority vote of all its members, Congress may submit to the electorate the question

of whether to call a ConCon or not.2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and

revisions is left to the discretion of Congress. In other words, it is a political question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has

provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for

the calling of such ConCon, Congress - exercising its ordinary legislative power - may supply such

details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress

acting as a constituent assembly.

5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their

expenses. Money may be spent from the treasury only to pursuant to an appropriation made by

law.

C. Peoples Initiative

1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.


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