BATCH 2018
S I L L I M A N U N I V E R S I T Y C O L L E G E O F L A W
C O N S T I T U T I O N A L L A W I
PREAMBLE
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RON ROA
ARTICLE I: NATIONAL TERRITORY
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RON ROA
ARTICLE II: DECLARATION OF PRINCIPLES
AND STATE POLICY
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RON ROA
ARTICLE VI: LEGISLATIVE DEPARTMENT
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JOED MARICE ZAMORA
ARTICLE VII: EXECUTIVE DEPARTMENT
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MONICA MICIANO AND ELAINE CEPEDA
ARTICLE VIII: JUDICIAL DEPARTMENT
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GLENNA DUCH AND NUBBIN LAGUMBAY
ARTICLE IX: CONSTITUTIONAL
COMMISSIONS
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NIKITA LORETTE AGUILAR
ARTICLE X: LOCAL GOVERNMENT
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RAY ARNAIZ
ARTICLE XI: ACCOUNTABILITY OF PUBLIC
OFFICERS
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KAREN DUNGOG
ARTICLE XII: NATIONAL ECONOMY AND
PATRIMONY
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ROLANDO ENQUIG
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN
RIGHTS
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JOSE ARVIN MIRANDA
ARTICLE XIV: EDUCAION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND SPORTS
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KIEFER JOHN SAGA
ARTICLE XV: THE FAMILY
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JOSEA PALMA BITO-‐ON
ARTICLE XVI: GENERAL PROVISIONS
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JOSEA PALMA BITO-‐ON
ARTICLE XVII: AMENDMENTS OR REVISIONS !
JOSEA PALMA BITO-‐ON
ARTICLE XVIII: TRANISTORY PROVISIONS
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JOSEA PALMA BITO-‐ON
NIKITA LORETTE MARTINEZ AGUILAR
Subject Head
MONICA MARIE TEVES MICIANO
Chairperson
ATTY. EDUARDO T. SEDILLO
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 constitutions
• The change from “general welfare” to “common good” was intended to project the idea of a social order that enables every citizen to attain his or her fullest development economically, politically, culturally, and spiritually. The rejection of the phrase “general welfare” was based on the apprehension that the phrase could be interpreted as meaning “the greatest good for the greatest number” even if what the greater number wants does violence to human dignity. It was thought that the “common good” would guarantee that mob rule would not prevail and that the majority would not persecute the minority.
• The phrase “Almighty God” was chosen as being more personal than “Divine Providence” and therefore more consonant with Filipino religiosity.
• “Just and humane society” added the notion that a constitution not merely sets up a government but is also an instrument for building the larger society of which government is merely a part.
• “Equality” to reflect the mounting wave of protests against basic social inequalities.
• The introduction of the word “love” serves as a momentum to the love that prevented bloodshed in the February revolution of 1986.
• “Truth” is a protest against the deception that characterized the Marcos regime.
• The Preamble is not a source of power or right for any department of government. But because it sets down the origin, scope, and purpose of the Constitution, it is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the Constitution.
ARTICLE I THE NATIONAL TERRITORY
SECTION 1. The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territory over which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, fluvial, or 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 breath and dimensions, form part of the internal waters of the
Philippines.
• Scope:
1. The Philippine archipelago,
2. All other territories over which the Philippines has sovereignty or jurisdiction, 3. Terrestrial, aerial, and fluvial domains under numbers 1 and 2.
• A constitution is a municipal law. As such, it is binding only within the territorial limits of the sovereignty promulgating the constitution.
• An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930). It is a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features from an intrinsic geographical, economic and political entity, or which historically gave been regarded as such.
• An archipelagic state means a state constituted wholly by one or more archipelagos and may include other islands.
• The territorial sea of ta state, as distinct from its inland and internal waters, consists of a marginal belt of maritime waters adjacent to the base lies extending twelve nautical miles outward. Outside territorial sea are the high seas. A state exercises sovereignty over its territorial sea subject to the right of innocent passage by other states.
• The waters around, between and connecting the islands of the archipelago. Irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.
• Important distances with respect to the waters around the Philippines 1. Territorial sea -‐ 12 nautical miles (n.m.)
2. Contiguous zone -‐ 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone -‐ 200 n.m. from the baseline [includes (1) and (2)]
• Methods used for fixing the starting point or baseline from which the territorial belt is measured seawards: 1. Normal baseline method – under which the breadth of the territorial seas is measured from the low
water-‐line. Following the indentations of the coast.
2. Straight baseline method – under which instead of the baseline following the sinusitis of the coast, it is drawn as straight lines connecting appropriate points on the coast, without departing to any appreciable extent from the general direction of the coast.
• Baseline is the low-‐water line along the coast as marked on large scale charts officially recognized by the coastal State.
• Contiguous zone is the maritime zone adjacent to the territorial seas where the coastal state may exercise certain protective jurisdiction.
Indonesia v. Malaysia
Issue: Who has sovereignty over Pulau Ligitan and Pulau Sipadan?
Ruling: Malaysia. Based on actual activities and continued exercise of authority over these islands. Us v. Netherlands
Issue: Is there positive international law of terra firma, or title based on contiguity, where the nearest continent or island of considerable size gives title to the land in dispute?
Ruling: No. The title of contiguity, understood as a basis of territorial sovereignty, has no foundation in international law.
Malaysia v. Singapore
Issue: Is there positive international law of acquisitive prescription over neighbouring territories?
Ruling: Yes. Acquisitive Prescription is capable of accounting for the process whereby a state acquires sovereignty that did don’t originally belong to it and without the express consent of the original sovereign.
Magalona v. Ermita
Issue: Whether or not RA 9522 “dismembers a large portion of national territory” because it discards the pre-‐ UNCLOS III demarcation of the Philippine territory under the Treaty of Paris and related Treaties?
Ruling: No. 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 (i.e., the territorial waters [12 nautical miles from the baselines], contiguous zone [24 nautical miles from the baselines], exclusive economic zone [200 nautical miles from the baselines]), and continental shelves that UNCLOS III delimits.
Issue: that RA 9522’s use of UNCLOS III’s regime of islands framework to draw the baselines, and to measure the breadth of the applicable maritime zones of the KIG, “weakens our territorial claim” over that area?
Ruling: No. Petitioners’ assertion of loss of “about 15,000 square nautical miles of territorial waters” under RA 9522 is similarly unfounded both in fact and law. On the contrary, RA 9522, by optimizing the location of base points, increased the Philippines’ total maritime space (covering its internal waters, territorial sea and exclusive economic zone) by 145,216 square nautical miles
Magalona v. Ermita
Issue: Whether or not RA 9522 failed to textualize the Philippines’ claim of Sabah in North Borneo?
Ruling: No. Petitioners claim is untenable. Section 2 of RA 5446, which RA 9522 did not repeal, keeps open the door for drawing the baselines of Sabah.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
BDCA v. COA
Issue: Which of the provisions under Art. II of the 1987 are self-‐executing? Which are enabling?
Ruling: Most of the sections are enabling, they require legislative action before rights are enforced. Only sections 4, 6, 15, and 16 are self-‐executing
SECTION 1. The Philippines is a democratic and republican state. Sovereignty resides in the people and
all government authority emanates from them.
• A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.
o Elements: " People " Territory " Government " Sovereignty
• People simply means a community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law.
• The extent of territory is discussed in Article I.
• Government is that institution or aggregate institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.
o Functions:
" Constituent -‐ compulsory functions which constitute the very bonds of society.
" Ministrant – optional functions of government intended for achieving a better life for the community.
o Determinants whether or not a government shall exercise certain of these optional functions are: " That a government should do for the public welfare those things which private capital would
not naturally undertake.
" That a government should do those things which by its very nature it is better to equipped to administer for the public welfare than is any private individual or group of individuals.
• On the basis of legitimacy, governments are classified into de jure governments and those which are de facto merely. It is a legal truism in political and international law that all acts and proceedings of the legislative, executive, and judicial departments of a de facto government are good and valid.
• Sec. 1, Article II says: “Sovereignty resides in the people and all government authority emanates from them.” Sovereignty therefore can be understood as the source of ultimate legal authority. Legal sovereignty means the power to adapt or alter a constitution. This power resides in the “people” understood as those who have a direct hand in the formulation, adoption, and amendment or alteration of the Constitution.
Bayan Muna v. Romulo
Issue: Is the RP-‐US Non-‐Surrender Agreement violative of the Rome Statute and Philippine sovereignty?
Ruling: No. Article 1 of the Rome Statute expressly says that the ICC’S jurisdiction will be complementary to the criminal jurisdiction of the country, which has original jurisdiction.
SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
• Parts:
o Renunciation of war
o Adoption of the principles of international law
o Adherence to a policy of peace, freedom, and amity with all nations
• The pact renounced war or aggression and this is all that the Constitution renounces, for the power to wage a defensive war is of the very essence of sovereignty.
• The Constitution makes defense of the state a duty of government and of the people and gives to Congress the power to declare a state of war.
• Implicit in this provision is the acceptance of the dualist view of legal systems, namely that domestic law is distinct from international law. Since dualism holds that international law and municipal law belong to different spheres, international law becomes part of municipal law only if it is incorporated into municipal law. What the second part of section 2 does is to make international law part of the law of the land.
• Incorporation is the doctrine that considers the general or customary norms of international law as part of municipal law and are to be enforced as such, without regard as to whether they are enacted as statutory or legislative rules or not.
• Jus cogens is a norm which states cannot derogate or deviate from their agreements in international law. Vinuya et. al. v. Executive Secretary
Issue: What is “jus cogens”? Is the Philippines under a non-‐derogable obligation to prosecute international crimes? Ruling: “Jus cogens” literally means “compelling law”. It refers to norms that command peremptory authority, superseding conflicting treaties and customs. They are mandatory, which do not admit derogation and can be modified only by general international norms of equivalent authority.
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 goals is to secure the sovereignty of the state
and the integrity of the national territory.
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 fulfilment thereof, all citizens may be required,
under conditions provided by law, to render personal military or civil service.
• The National Defense Law, in so far as it establishes compulsory military service, does not go against this constitutional provision but is, on the contrary, in faithful compliance therewith. The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.
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 enjoyment by all the people of the blessings of
democracy.
• The provision recognized a hierarchy of needs: o First: life
o Second: liberty o Third: property
SECTION 6. The separation of church and state shall be inviolable.
• Discussed under the non-‐establishment clause of the Bill of Rights. Imbong et. al. v. OchoaIssue: Does R.A. No. 10354. “The Responsible Parenthood and Reproductive Health Act of 2012, violate the principle of separation of the church and the state?
Ruling: No. One religious group cannot be allowed to impose its beliefs on the rest of the society. Thus, with this stipulation, it does not violate the principle.
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.
• The Philippines is a nuclear free country. No portion of its territory shall be used for the purpose of storing or stockpiling nuclear weapons, devices, or parts thereof.
• The ban is clearly on nuclear arms only. This provision is not a ban on the peaceful uses of nuclear energy, nor is it a ban on all “nuclear-‐capable vessels”. For a vessel to be banned, it is not enough that it is capable of carrying nuclear arms; it must actually carry nuclear arms.
ICJ Advisory Opinion
Issue: Is there customary or conventional international law specifically authorizing the threat or use of nuclear weapons?
Ruling: No. At face value, the threat or use of nuclear weapons is against international laws of armed conflict.
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.
PKSMMN v. Cocofed
Issue: Are the laws on coco-‐levy fund consistent with social justice?
Ruling: No. As per meaning the term levy. Thus, the main reason of the coco-‐levy funds was similar to that of taxes. As such, the fund is considered public funds. Considering its nature as public funds, there are some provisions in the coco-‐levy fund that were contrary to social justice. Such provisions included those that appropriated portion of funds to private interests. By doing so, these provisions violated the rights of the citizens to substantive due process and as such, were inconsistent with social justice.
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.
• The unborn’s entitlement to protection begins from conception, that is, from the moment of conception. The intention is to protect life from its beginning, and the assumption is that human life begins at conception and that conception takes place at fertilization.
• The 1987 provision has added the adjective “primary” to modify the right of parents. It imports the assertion that the right of parents is superior to that of the state.
Imbong et. al. v. Ochoa
Issue: Does R.A. No. 10354. “The Responsible Parenthood and Reproductive Health Act of 2012, violate the constitutional right of the unborn.
Ruling: No. The court considers life from the moment of fertilization.
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.
Garcia v. Drilon
Issue: Is R.A. 9262, An Act Defining Violence against Women and their Children, violative of the fundamental equality between men and women?
Ruling: No. Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. The classification should be based on substantial distinctions which makes for real differences.
SECTION 15. The state shall protect and promote the right to health of the people and instil health
consciousness among them.
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.
• While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter.
• The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.
Imbong et. al. v. Ochoa
Issue: Does R.A. No. 10354. “The Responsible Parenthood and Reproductive Health Act of 2012, violate the constitutional right to health and the right to protection against hazardous products?
Ruling: No. The contraceptives it will procure shall be from a duly licensed drug store or pharmaceutical company and that the actual distribution of these contraceptive drugs and devices will be done following a prescription of a qualified medical practitioner.
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 labour as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Cercado v. UNIPROM
Issue: Is an employee’s passive acquiescence to the early retirement age option sufficient?
Ruling: No. Considering that a retirement plan is a contract between two parties, i.e. Employer and employee and that the assailed revised retirement plan was not embodied in a CBA, or any employment contract or agreement between the company and the employees, such retirement plan could not be unilaterally and compulsorily be imposed to the employees.
SECTION 19. The state shall develop a serf-‐reliant and independent national economic 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.
CMU v. Nat’l. Anti-‐Poverty Com.
Issue: Is Presidential Proclamation 310 that takes 670 hectares from CMU’s registered lands for distribution to indigenous peoples and cultural communities in Maramag, Bukidnon, valid and constitutional?
Ruling: No. the lands by their character have become separate from the moment President Garcia dedicated the land for scientific and technological research in the field of agriculture. The have ceased to be alienable public lands.
SECTION 23. The state shall encourage non-‐governmental, community-‐based, or sectorial organizations
that promote the welfare of the nation.
SECTION 24. The state recognizes the vital role of communication and information in nation-‐building.
SECTION 25. The state shall ensure the autonomy of local governments.
• The principle of local autonomy under the Constitution simply means decentralization. It does not make the local governments sovereign within the state or an imperium in imperio. The local government is autonomous in the sense that it is given more powers, authority, responsibilities and resources.
Belgica v. Alcantara
Issue: Does the Congressional Pork Barrel go against the constitutional principles on local autonomy since it allows district representatives, who are national officers, to substitute their judgement in utilizing public funds for local development?
Ruling: Yes. Insofar as individual legislators are authorized to intervene in purely local matters and thereby subvert genuine local autonomy, the 2013 PDAF Article as well as all other similar forms of Congressional Pork Barrel is deemed unconstitutional.
SECTION 26. The state shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.
• The establishment of political dynasties is an effective way of monopolizing and perpetuating power. Hence, the state is commanded to prohibit political dynasties.
SECTION 27. The state shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption
Ombudsman v. Racho
Issue: Must public officials declare their SALN?
Ruling: Yes. Our public servants that public service demands utmost integrity and discipline. A public servant must display at all times the highest sense of honesty and integrity, for no less than the Constitution mandates the principle that a public office is a public trust; and all public officers and employees must at all times be accountable to the people and serve them with utmost responsibility, integrity, loyalty and efficiency.
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.
RE: Request for Copy of 2008 SALN and Personal Data Sheet or Curriculum
Issue: Are the information contained in the SALN matters of public necessitating public disclosure?
Ruling: Yes. Section 7 of Article III of the Constitution is relevant in the issue of public disclosure of SALN and other documents of public officials, which provides that the right of the people to information on matters 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, subject to such limitations as may be provided by law.
ARTICLE VI THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a
Senator and a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
• Legislative power is the authority to make laws and to alter or repeal them, and is vested by the Constitution to the Congress
-‐ Senate (elected by the nation at large)
-‐ House of Representatives (elected by the district) • Separation of powers:
1. legislative power shall be vested in the Congress of the Philippines 2. executive power shall be vested in the President of the Philippines
3. judicial power shall be vested in one Supreme Court and in such lower courts as maybe established by law
-‐ each is prevented from invading the domain of the others, but not absolute for the system still allows for "checks and balance" (no one department is able to act without the cooperation of at least one of the other departments)
• Blending of power – confluence of 2 or more powers of the 3 branches of the government
• Limits of legislative power of Congress: (1) substantive – limitations on content of laws, and (2) procedural – limitations on the manner of passing laws.
• Holders of legislative power: (1) Congress, (2) people through initiative and referendum, and (3) President in emergency.
• Non-‐delegability of legislative power, except (1) delegation of legislative power to local governments, and (2) instances when the Constitution itself allows for such delegation.
• Congress can only delegate Rule-‐Making Power and Law Execution. Banda vs. Ermita (2010):
Issue: Is the issuance of E.O. 378 an invalid exercise of legislative power?
Ruling: No. It is a well-‐settled principle in jurisprudence that the President has the power to reorganize the offices and agencies in the executive department in line with the President’s constitutionally granted power of control over executive offices and by virtue of previous delegation of the legislative power to reorganize executive office under existing statutes.
Pichay vs. Ochoa (2012):
Issue: Is E.O. 13 unconstitutional for usurping the power of the legislature to create a public office?
Ruling: No. The President has continuing authority to reorganize the Executive Department under E.O. 292 in order to achieve simplicity, economy and efficiency. The abolition of the PAGC and the transfer of its functions to a division specially created within the ODECLA is properly within the prerogative of the President under his continuing “delegated legislative authority to reorganize” his own office.
Pimentel vs. Senate (2011):
Issue: Will the invocation of the doctrine of separation of powers preclude the Supreme Court from resolving the legal issues of a petition?
Ruling: No. The doctrine of separation of powers does not prescribe absolute autonomy in the discharge of the separate department’s duties assigned to them by the sovereign people. Therefore, the Supreme Court is not precluded from resolving the legal issues raised by the petitioner more so that such issues do not require the expertise, specialized skills and knowledge of administrative bodies for their resolution.
Belgica vs. Alcantara (2013):
Issue: Are post-‐enactment measures which govern the areas of project identification, fund release and fund alignment not related to functions of congressional oversight and not violative of separation of powers? Are these measures violative of the non-‐delegability of legislative functions?
Ruling: Yes. These post-‐enactment measures violate the separation of powers. The enforcement of the national budget, as primarily contained in the GAA, is indisputably a function both constitutionally assigned and properly
entrusted to the Executive branch. The Legislative branch, much more any of its members, should not cross over the field of implementing the national budget. The court held that “from the moment the law becomes effective, any provision of law that empowers Congress or any of its members to play any role in the implementation or enforcement of the law violates the principle of separation of powers and is thus unconstitutional.”
Yes. The 2013 PDAF Article violates the principle of non-‐delegability since legislators are effectively allowed to individually exercise the power of appropriation.
Francisco vs. TRB (2010):
Issue: Can Congress delegate its franchising power and prerogative?
Ruling: Yes. As stressed in Alabano vs. Reyes, there is nothing in the Constitution which provides that the issuance of a franchise, certificate or other form of authorization for the operation of a public utility shall be subject to amendment, alteration or repeal by Congress does not necessarily imply that only Congress has the power to grant such authorization. Congress may validly delegate its legislative authority under the power of subordinate legislation, to issue franchises of certain public utilities to some administrative agencies.
Lokin vs. COMELEC (2010):
Issue: Is Sec. 13 of COMELEC Res. No. 7804 a valid subordinate legislation as it implements Section 8 of R.A. No. 7941?
Ruling: Yes. The administrative IRRs must comply with the following requisites to be valid: (1) its promulgation must be authorized by the Legislative; (2) it must be within the scope of the authority given by the Legislative; (3) it must be promulgated in accordance with the prescribed procedure; and (4) it must be reasonable. The COMELEC issued Resolution No. 7804 pursuant to its powers under the Constitution, Batas Pambansa Bilang 881, and the Party-‐List System Act.
Biraogo vs. Philippine Truth Commission (2010):
Issue: Is there a valid delegation of power from Congress empowering the President to create a public office?
Ruling: No. The court ruled that the Constitution ever remains the supreme power and that the inclusion of recognition of the past presidents in creating public offices should not be an upfront to the Constitution and that it is still the Judiciary who has the advanced interest in the quest for truth and should not be retarded by any other branches.
Vivas vs. Monetary Board (2013):
Issue: Is Sec. 30 R.A. 7653 an undue delegation of legislative power to the Monetary Board?
Ruling: No. The Court denied the petition as RA 7653 was complete in itself and the act imposed sufficient standards and parameters the Monetary Board ha to follow.
The Senate
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.
• The numerical composition of the Senate can only be changed by constitutional amendment, and the phrase, “as may be provided by the law”, refers to the mechanics for electing the Senators at large.
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.
• The residence requirement is satisfied if one is domiciled in the Philippines during the two-‐year period even if not physically present in the Philippines during the two-‐year period.
• The age qualification must be possessed on the day votes are cast as fixed by law and not on the day of proclamation.
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.
• Senators shall have a six year term with one immediate re-‐election.
• A senator could run again for office three years after the expiration of his second term.
The House
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 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
reapportionment of legislative districts based on the standard provided in this section.
• The total membership of the House may be raised from time to time by statute (through reapportionment due to the creation of new districts or new provinces).
• Kinds of representatives: (1) district representatives elected by districts, (2) party representatives elected through the party-‐list system, and (3) sectoral representatives which only last for three consecutive terms. • A city with a population of at least 250,000 shall have at least one representative.
• A province is entitled to one representative no matter what its population size.
• Parties, coalitions participating in the system are required to obtain at least two percent of the total votes cast for the party-‐list system in order to be entitled to a party-‐list seat, with a three-‐seat limit.
(R.A. No. 7941)
• The party-‐list nominees “must represent marginalized and underrepresented sectors.”
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 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.
• The qualifications mentioned must be possessed, by the candidate, on the day of the election.
• 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.
Section 7. The Members of the House of Representatives shall be elected 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 be considered as an interruption in the
continuity of his service for the full term for which he was elected.
• The three-‐year term set by the Constitution may not be changed by Congress.
• Elective official whether national or local running for any office other than the one he is holding in a permanent capacity except for the President and Vice-‐President shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
• Term is the period of time allotted to the office by law.
• Tenure is the period during which the official actually holds office. Aquino vs. COMELEC (2010):
Issue: Is the 250 thousand population requirement applicable to both the province and the city?
Ruling: No. The plain and clear distinction between a city and a province was explained under the second sentence of Section 5(3) of the Constitution. It states that a province is entitled a representative, and nothing was mentioned about population.
Ladlad vs. COMELEC (2010):
Issue: Are only those sectors specifically enumerated in R.A. 7941 or related to said sectors may be registered under the party-‐list system?
Ruling: No. As mentioned in Ang Barangay Bayani OFW vs. COMELEC that marginalized and underprivileged is not exclusive. It is not whether a sector is stipulated specifically but whether a particular organization complied with the requirements of the Constitution and the requirements set forth in R.A. 7941.
Guardians vs. COMELEC (2010):
Issue: Is the Minero ruling a correct application of Section 6(8) of RA 7941?
Ruling: No. According to the court, the Minero ruling is an erroneous application of Section 6(8) of RA 7941, hence, it cannot stand PGBI’s delisting from the roster of registered national, regional or sectoral parties, organizations, or coalitions under the party-‐list system. A delisting based on a mixture of fusion of these two different and separate grounds for delisting is therefore a strained application of the law.
BANAT vs. COMELEC (2009):
Issue: How are the party-‐list seats computed and allocated under the BANAT ruling as compared to the Veterans ruling?
Ruling: To summarize, in Veterans, the court allocated party-‐list seats of those party-‐lists ranked 2 and higher in reference to the number of seats allocated to the rank 1party-‐list. This method of allocation will never reach the full number of seats as mandated by the Constitution as a consequence to the formula used by the courts.