QUESTIONS & ANSWERS The 1987

IN POLITICAL LAW Constitution of the Philippines

2015 PREAMBLE
By Professor Noel T. Tiampong
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,
Q: What is a constitution? conserve and develop our patrimony, and secure to ourselves and our
A: In the Philippine context, as in the United States, a constitution is posterity the blessings of independence and democracy under the rule of
a written instrument by which the fundamental powers of law and a regime of truth, justice, freedom, love, equality, and peace, do
government are established, limited, and defined, and by which ordain and promulgate this Constitution.
these powers are distributed among several departments, for
their more safe and useful exercise, for the benefit of the body Q: What are the purposes of the preamble?
politic.1 A: The preamble is not a source of power or right for any department
of government4 for its purpose is only to introduce, i.e., “to walk
Q: What are the three essential substantive parts of a good written before,” the Constitution. It also indicates the authors of the
constitution? Constitution, it enumerates their primary aims and aspirations,
A: The three essential substantive parts of a good written constitution and it is useful as an aid in the construction and interpretation of
are known as the constitution of liberty, the constitution of the text of the Constitution.
government, and the constitution of sovereignty.2
Q: How are the provisions of the Constitution generally interpreted?
Q: What do you mean by the supremacy of the Constitution? A: In case of the doubt, the provisions of the Constitution should be
A: The Constitution is the basic and paramount law to which all other interpreted as self-executing rather than non-self-executing.
laws must conform and to which all persons, including the highest Hence, unless it is expressly provided that a legislative act is
officials of the land must defer. No act shall be valid, however necessary to enforce a constitutional mandate, the presumption
nobly intentioned, if it conflicts with the Constitution. The now is that all provisions of the constitution are self-executing.5
Constitution must ever remain supreme. All must bow to the
mandate of this law. Expediency must not be allowed to sap its Q: What is a state?
strength nor greed for power debase its rectitude. Right or A: A state is a community of persons, more or less numerous,
wrong, the Constitution must be upheld as long as it has not been permanently occupying a fixed territory, and possessed of an
changed by the sovereign people lest its disregard result in the independent government organized for political ends to which the
usurpation of the majesty of the law by the pretenders to great body of inhabitants render habitual obedience. 6
illegitimate power.3

1 4
Miller, Lectures on the Constitution of the United States 64 (1893); I Schwartz, The Powers Jacobson v. Massachusetts, 197 U.S. 22 (1905).
of the Government 1 (1963). 5
Gutierrez v. House of Representatives Committee on Justice, En Banc, G.R. No. 193459, 15
2
Garner, Introduction to Political Science, 397. February 2011. See also Manila Prince Hotel v. GSIS, 335 Phil. 82 (1987).
3 6
Isagani A. Cruz, Philippine Political Law, 1987 Edition, page 11. Garner, Introduction to Political Science, page 41.

1
 Rufffy v. Chief of Staff
Q: What are the elements of a state? Laurel v. Misa
A: The elements of a state are: people, territory, government, and
sovereignty. Change in Sovereignty
People v. Perfecto
Q: What do you mean by people? Macariola v. Asuncion
A: People refers simply to the inhabitants of the state.7 Vilas v. City of Manila

Q: What do you mean by territory? Q: What is the international law concept of “association”?
A: Territory is the fixed portion of the surface of the earth inhabited A: An “association” is formed when two states of unequal power
by the people of the state.8 voluntarily establish durable links. In the basic model, one state,
the associate, delegates certain responsibilities to the other, the
Q: What do you mean by government? principal, while maintaining its international status as a state. Free
A: Government is the agency or instrumentality through which the will associations represent a middle ground between integration and
of the state is formulated, expressed, and realized. 9 independence.12

Q: What do you mean by sovereignty? Q: Is the concept of “association” recognized under the present
A: Sovereignty is the supreme and uncontrollable power inherent in Constitution?
the state by which the state is governed.10 A: The concept of association is not recognized under the present
Constitution. No province, city, or municipality, not even the
Q: What are the characteristics of sovereignty? ARMM, is recognized under our laws as having an “associative”
A: Sovereignty is permanent, exclusive, comprehensive, absolute, relationship with the national government. Indeed, the concept
indivisible, inalienable, and imprescriptible.11 (Code: PECA-III) implies powers that go beyond anything ever granted by the
Constitution to any local or regional government. It also implies
Kinds of Sovereignty the recognition of the associated entity as a state. The
Legal and Political Constitution, however, does not contemplate any state in this
Internal and External jurisdiction other than the Philippine State, much less does it
provide for a transitory status that aims to prepare any part of
Characteristics of Sovereignty Philippine territory for independence.13
PECA-III
Permanent, Exclusive, Comprehensive, Absolute, Q: The Government of the Republic of the Philippines (GRP) and the
Indivisible, Inalienable, and Imprescriptible Moro Islamic Liberation Front (MILF) entered into a Memorandum
of Agreement (MOA) containing the following provisions: The
Belligerent Occupation Autonomous Region in Muslim Mindanao (ARMM) is expanded
into an entity to be known as the Bangsamoro Juridical Entity
7
(BJE). The entity is given the capacity to enter into economic and
Isagani A. Cruz, Philippine Political Law, 1987 Edition, page 14. trade relations with foreign countries. GRP commits to ensure the
8
Isagani A. Cruz, Philippine Political Law, 1987 Edition, page 15.
9 12
Pointdexter v. Greenhow, 114 U.S. 250. C.I. Keitner and W.M. Reisman, FREE ASSOCIATION: THE UNITED STATES
10 EXPERIENCE, 39 Tex. Int'l L.J. 1 (2003).
Garner, Political Science and Government, 238, 170.
11 13
Laurel v. Misa, 77 Phil. 856. Province of North Cotabato et al. v. GRP, G.R. No. 183591, En Banc, 14 October 2008.

2
 BJE’s participation in meetings and events in the ASEAN and the Forms of Consent to be Sued
specialized UN agencies. GRP also continues to be responsible
over external defense. BJE has the right to participate in (1) Express
Philippine official missions bearing on negotiation of border a. General Law (Act o. 3083)
agreements, environmental protection, and sharing of revenues b. Special Law (Merritt v. Gov’t. of the P.I.)
pertaining to the bodies of water adjacent to or between the Note: Republic v. Purisima, Amigable v. Cuenca
islands forming part of the ancestral domain. Is the creation of CA 327 and PD 1445
the BJE in accordance with law and the Philippine Constitution?
A: The MOA is contrary to law and the Philippine Constitution. BJE (2) Implied
is not merely an expanded version of the ARMM, the status of its a. Files an Action asking for affirmative relief
relationship with the national government being fundamentally Froilan v. Pan Oriental Shipping Co.
different from that of the ARMM. Indeed, BJE is a state in all but But not in Lim v. Brownell
name as it meets the criteria of a state laid down in the b. Enters into a proprietary contract
Montevideo Convention,14 namely, a permanent population, a U.S.A v. Guinto
defined territory, a government, and a capacity to enter into But not in U.S.A. v. Ruiz
relations with other states. The act of placing a portion of
Philippine territory in a status which, in international practice, has Suits Against Agencies
generally been a preparation for independence, is certainly not a. Charter
conducive to national unity. Bermoy v. Phil. Normal College
Palafox v. Prov. of Ilocos Norte
Torio v. Fontanilla
Doctrine of State Immunity Mun. of Moncada v. Cajuigan

The State may not be sued without its consent (Article XVI, Section b. Function
3) National Airports Corporation v. Teodoro

Basis - Cases Note:

Kawanakoa v. Polybank Bureau of Printing v. Bureau of Printing Employees Association
Syquia v. Almeda Lopez Mobil Phil. Exploration, Inc. v. Customs Arrastre Service
De Haber v. Queen of Portugal (unduly vex the peace of nations) Professional Video Inc. v. TESDA

Actions - Cases Liability

Garcia v. Chief of Staff Republic v. Villasor (AFP)
Sanders v. Veridiano PNB v. Pabalan (PVTA)
Ruiz v. Cabahug Merritt v. Gov’t of the P.I.

Fernando v. Festejo Q: What is the effect of a belligerent occupation to the sovereignty of

Santiago v. Republic a state?

14
Convention on Rights and Duties of States, Dec. 26, 1933, 49 Stat. 3097, 165 L.N.T.S. 19.

3
A: During a belligerent occupation, sovereignty is not deemed A: Non-political laws, by contrast, continue in operation, for the
suspended although acts of sovereignty cannot be exercised by reason that they regulate private relations only, unless they are
the legitimate authority. changed by the new sovereign or are contrary to its institutions.

Q: What is the effect a belligerent occupation on the political laws of Q: What is the doctrine of state immunity?
the occupied territory? A: It means that the State may not be sued without its consent. 18
A: There being no change of sovereignty during a belligerent
occupation, the political laws of the occupied territory are merely Q: Is this doctrine available to foreign states insofar as they are
suspended, subject to revival under the jus postiliminium upon the sought to be sued in the courts of the local state?
end of the occupation. A: Yes, this doctrine is available to foreign states insofar as they are
sought to be sued in the courts of the local state. 19
Q: What is the effect of a belligerent occupation on the non-political
laws of the occupied territory? Q: What is the reason why other states can also invoke the doctrine
A: Non-political laws of the occupied territory are deemed continued of state immunity?
unless changed by the belligerent occupant since they are A: Other states can invoke the doctrine of state immunity because of
intended to govern the relations of individuals as among the principle of sovereign equality of states, under which one
themselves and are not generally affected by changes in regimes state cannot assert jurisdiction over another state for this would
or rulers.15 be in violation of the maxim par in parem non habet imperium.

Q: Does the suspension of political law during a belligerent Q: Instead of suing the Republic of the Philippines, the plaintiff sues
occupation affect all citizens? the officer of the government who is supposed to discharge the
A: The rule suspending political laws affects only civilian inhabitants responsibility or grant the redress demanded. Can the action
of the occupied territory and is not intended to bind the enemies now be considered as a suit not against the State?
in arms.16 A: In this case, it must be determined if the State is the real party in
interest, that is, that the claim if proved will be the direct liability of
Q: During a belligerent occupation, are all political laws suspended the State and not merely of the officer impleaded. If this is
as far as civilians are concerned? shown, the action can be dismissed as a suit against the State
A: No, the law on treason although decidedly political in character is unless its immunity had been previously waived.
still effective as far as civilians are concerned.17
Q: Garcia filed a claim against the Chief of Staff of the Armed Forces
Q: What is the effect of the change of sovereignty on the political of the Philippines for damages for injuries he sustained while
laws of the former sovereign? undergoing military training as required by law. Is the action a suit
A: Where there is a change of sovereignty, the political laws of the against the State?
former sovereign are not merely suspended but abrogated. A: The suit is actually a suit against the State although filed against
the Chief of Staff in his personal capacity since it would need an
Q: What is the effect of the change of sovereignty on the non-political appropriation of public funds to satisfy the judgment if the claim
laws of the former sovereign? were allowed.20
15 18
Peralta v. Director of Prisons, 75 Phil. 285. Section 3, Article XVI of the Constitution.
16 19
Ruffy v. Chief of Staff, 75 Phil. 875. Syquia v. Almeda Lopez, 84 Phil. 312
17 20
Laurel v. Misa, 77 Phil. 856. Garcia v. Chief of Staff, 16 SCRA 120.

4
 Q: Suppose an action is filed against the Director of Public Works
Q: Two American employees of the Subic Naval Base sued its who took over without authority property belonging to the plaintiff
commanding general and the director of special services for and constructed thereon a public irrigation canal. Is this a suit
damages for allegedly defamatory remarks made by the against the State?
defendants. Is the action a suit against the state? A: The action for the recovery of the land or its value was properly
A: The defendants were being sued as officers of the United States filed against the defendant in his personal capacity and is
Government. As they have acted on behalf of that government therefore not covered by the doctrine of State immunity. 23
and within the scope of their authority, it is that government, and
not the defendants, personally, that is responsible for their acts. Q: The plaintiff sued the government for revocation of a donation on
Assuming that trial can proceed and it is proved that claimants the ground of failure of the defendant to comply with the
have a right to the payment of damages, such award will have to stipulated conditions. The defendant moved to dismiss for lack of
be satisfied not by the defendants in their personal capacity but its consent to be sued. Decide on the motion to dismiss.
by the United States Government as their principal. This will A: The motion should be denied. The suit can prosper because it
require that government to perform an affirmative act to satisfy does not involve money claim against the State as what the
the judgment, viz., the appropriation of the necessary amount to plaintiff is seeking is the return only of the property donated. 24
cover the damages awarded, thus making the action a suit
against that government without its consent.21 Q: Suppose an action is filed against a public officer for recovery of
title or possession of property and in addition a claim for the
Q: Are all suits directed against a public officer necessarily a suit recovery of damages, such as accrued rentals. Is this a suit
against the State? against the State?
A: No. There are many instances when a public officer may be sued A: Inasmuch as its allowance would require the government to
in his official capacity without the action being considered as a appropriate the necessary amount for the satisfaction of the
suit against the State. In cases where, assuming a decision is judgment, the action is a suit against the State. 25
rendered against the public officer impleaded, enforcement
thereof will not require an affirmative act from the State, such as Q: How does the State give its consent to be sued?
the appropriation of the needed amount to satisfy the judgment, A: The State gives its consent to be sued either expressly or
then those actions are not considered as suits against the State. impliedly.

Q: Suppose an action is filed against a public officer to require him to Q: How does the State give its consent to be sued expressly?
do a duty mandated by law, or to restrain him from performing an A: The State gives its consent to be sued expressly either through a
act alleged to be unconstitutional, or to recover from him taxes general law or through a special law.
unlawfully assessed or collected,22 would any of these be
considered a suit against the State? Q: May the State give its consent to be sued expressly through a
A: No. These actions are not suits against the State as they would lawyer?
not require an appropriation of the needed amount for the
satisfaction of the judgment.

23
Festejo v. Fernando, 50 O.G. 1556.
21 24
Sanders v. Veridiano, 162 SCRA 88. Santiago v. Republic, 87 SCRA 294.
22 25
Houston v. Hormes, 252 U.S. 569; Sterling v. Constantin, 287 U.S. 378. Syquia v. Almeda Lopez, 84 Phil. 312

5
A: No. The express consent of the State to be sued must be given in Q: How does the State give its consent to be sued impliedly?
a duly enacted statute and may not be given by a mere counsel A: The State is deemed to have given its consent to be sued when
of the government.26 (a) it files a complaint asking for an affirmative relief or (b) when it
enters into a proprietary contract.
Q: Do we have a general law whereby the State has expressly given
its consent to be sued? Q: Suppose the government files a complaint in intervention for the
A: Yes. We have Act No. 3083 declaring that “the Government of the purpose of recovering a vessel. Is the State deemed to have
Philippine Islands hereby consents and submits to be sued upon waived its immunity from suit?
moneyed claim involving liability arising from contract, express or A: Yes. The government impliedly allowed itself to be sued when it
implied, which could serve as a basis of civil action between filed a complaint in intervention for the purpose of asserting a
private parties.” claim for affirmative relief against the plaintiff, to wit, recovery of
a vessel.28
Q: How does a party file a suit against the State?
A: Under Commonwealth Act No. 327 as amended by Presidential Q: The Philippine government, as successor in interest of the United
Decree No. 1445, a claim against the government must first be States to the properties being claimed from the latter, filed a
filed with the Commission on Audit, which must act upon it within complaint in intervention to join the defendant in invoking the
sixty days. Rejection of the claim will authorize the claimant to doctrine of State immunity to secure the dismissal of the action.
elevate the matter to the Supreme Court on certiorari and in effect Is the Philippine government in doing so deemed to have waived
sue the State with its consent.27 its immunity from suit?
A: No. As the Philippine government was not asking for any
Q: The plaintiff sued the government for recovery of the value of her affirmative relief from the plaintiff but had intervened only for the
property which had been converted into public streets without purpose of resisting the claim, the Supreme Court held that no
payment to her of just compensation. Suppose the plaintiff failed implied waiver of immunity could be assumed.29
to previously file he claim with the Commission on Audit as
required by law, may the action be dismissed for failure to comply Q: The United States, through its Engineering Command in the U.S.
with the law? Navy, had entered into a contract with the plaintiff for the repair
A: No. The doctrine of governmental immunity from suit cannot of wharves in Subic Bay. For the failure of the United States to
serve as an instrument for perpetrating an injustice on a citizen. comply with the contract, plaintiff filed a action against it or pay
Had the government followed the procedure indicated by the damages. The United States moved to dismiss invoking its non-
governing law at the time, a complaint would have been filed by it, suability. Rule on the issue.
and only upon payment of the compensation fixed by the A: The state may be said to have descended to the level of an
judgment, or after tender to the party entitled to such payment of individual and can thus be deemed to have tacitly given its
the amount fixed, may it have the right to enter in and upon the consent to be sued only when it enters into business contracts.
land so condemned, to appropriate the same to the public use It does not apply where the contract relates to the exercise of its
defined in the judgment. If there were an observance of sovereign functions. In this case, the projects are an integral
procedural regularity, plaintiff would not be in the said plaint they part of the naval base which is devoted to the defense of both
are now. the United States and the Philippines, indisputably a function of
the government of the highest order; they are not utilized for nor
26 28
Republic v. Purisima, 78 SCRA 470. Froilan v. Pan Oriental Shipping Co., G.R. No. L-6060, 30 September 1950.
27 29
P.D. No. 1445, Sections 49-50. Lim v. Brownell, 107 SCRA 345.

6
 dedicated to commercial or business purposes. 30 In this case, PROVI for a commercial purpose. According to PROVI, since the
the United States is not deemed to have waived its immunity purpose of its contract with TESDA is to provide identification
from suit. PVC cards with security seal which TESDA will thereafter sell to
TESDA trainees, TESDA thereby engages in commercial
Q: Is the United States Government considered to have waived its transactions not incidental to its governmental functions.
immunity from suit if it engages in a restaurant business or
operates a barbershop? TESDA’s response to this position is to point out that it is not
A: Yes. These are proprietary acts (jure gestionis) not governmental engaged in business, and there is nothing in the records to show
acts (jure imperii).31 that its purchase of the PVC cards from PROVI is for a business
purpose. While TESDA admits that it will charge the trainees with
Q: How does the State give its consent to be sued when it is acting a fee for the PVC cards, it claims that this fee is only to recover
through government agencies? their costs and is not intended for profit.32
A: The State gives its consent to be sued through the charter of the
government agency or, in the absence thereof, if the government Q: If you were the judge, would you entertain the case?
agency is performing a proprietary function. A: No, the case should be dismissed because TESDA is immune
from suit. Being an unincorporated instrumentality of the
government, the test for its suability is on the function that it
performs. The fact that TESDA sells the PVC cards to its trainees
PROBLEM: for a fee does not characterize the transaction as industrial or
business; the sale, expressly authorized by the TESDA Act,
TESDA is an unincorporated instrumentality of the cannot be considered separately from TESDA’s general
government directly attached to the Department of Labor and governmental functions, as they are undertaken in the discharge
Employment. One of its functions is to “develop and establish a of these functions. Along this line of reasoning, the Supreme
national system of skills standardization, testing, and certification Court held in Mobil Philippines v. Customs Arrastre Services:33
in the country.” To fulfill this mandate, it sought to issue security-
printed certification and/or identification polyvinyl (PVC) cards to “Now, the fact that a non-corporate government
trainees who have passed the certification process. It entered entity performs a function proprietary in nature does
into a contract of with PROVI for the printing and encoding of not necessarily result in its being suable. If said non-
PVC cards. According to PROVI, TESDA’s liability amounts to governmental function is undertaken as an incident
P39,475,000.00. But TESDA paid PROVI only P3,739,500.00, to its governmental function, there is no waiver
leaving an outstanding balance of P35,735,500.00. Despite the thereby of the sovereign immunity from suit
two demand letters that PROVI sent TESDA, the outstanding extended to such government entity.”
balance remained unpaid. PROVI subsequently filed with the
RTC a complaint for sum of money with damages against
TESDA. Q: Assuming that TESDA may be sued and subsequently damages
are awarded in favor of PROVI, may the funds of TESDA be
PROVI argues that TESDA can be sued because it has garnished?
effectively waived its immunity when it entered into a contract with
30 32
United States of America v. Ruiz, 136 SCRA 487. Professional Video Inc. v. TESDA, G.R. No. 155504, 26 June 2009.
31 33
U.S.A. v. Guinto, 182 SCRA 644. G.R. No. L-23139, December 17, 1966, 18 SCRA 1120.

7
A: Even assuming that TESDA entered into a proprietary contract The Supreme Court reiterated this doctrine in Traders Royal
with PROVI and thereby gave its implied consent to be sued, Bank v. Intermediate Appellate Court,35 where it said:
TESDA’s funds are still public in nature and, thus, cannot be the
valid subject of a writ of garnishment or attachment. TESDA The NMPC’s implied consent to be sued
funds, being sourced from the Treasury, are moneys belonging to notwithstanding, the trial court did not have the
the government, or any of its departments, in the hands of public power to garnish NMPC deposits to answer for any
officials. The Supreme Court specifically spoke of the limits in eventual judgment against it. Being public funds, the
dealing with this fund in Republic v. Villasor34 when it said: deposits are not within the reach of any garnishment
or attachment proceedings. [Emphasis supplied.]
This fundamental postulate underlying the 1935
Constitution is now made explicit in the revised
charter. It is therein expressly provided, ‘The State
may not be sued without its consent.’ A corollary, ARTICLE I
both dictated by logic and sound sense, from such a NATIONAL TERRITORY
basic concept, is that public funds cannot be the
object of garnishment proceedings even if the
consent to be sued had been previously granted and Section 1. The national territory comprises the Philippine
the state liability adjudged. Thus in the recent case archipelago, with all the islands and waters embraced therein, and all other
of Commissioner of Public Highways vs. San Diego, territories over which the Philippines has sovereignty or jurisdiction,
such a well-settled doctrine was restated in the consisting of its terrestrial, fluvial, and aerial domains, including its
opinion of Justice Teehankee: territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands
The universal rule that where the State gives its of the archipelago, regardless of their breadth and dimensions, form part of
consent to be sued by private parties either by the internal waters of the Philippines.
general or special law, it may limit claimant's action
'only up to the completion of proceedings anterior to Q: What are the components of a territory?
the stage of execution' and that the power of the A: The components of a territory are: the terrestrial domain, the
Courts ends when the judgment is rendered, since maritime or fluvial domain, and the aerial domain.
government funds and properties may not be seized
under writs of execution or garnishment to satisfy Q: What does UNCLOS mean?
such judgments, is based on obvious considerations A: UNCLOS means United
of public policy. Disbursements of public funds must Nations Convention on the
be covered by the corresponding appropriation as Law of the Seas.
required by law. The functions and public services
rendered by the State cannot be allowed to be Q: What is meant by territorial
paralyzed or disrupted by the diversion of public sea?
funds from their legitimate and specific objects, as A: Territorial sea or territorial
appropriated by law. [Emphasis supplied.] waters, as defined by the
1982 UNCLOS is a belt of
34 35
G.R. No. L-30671, 28 November 1973, 54 SCRA 84. G.R. No. 68514, 17 December 1990, 192 SCRA 305.

8
 coastal waters extending at most 12 nautical miles from
the baseline (usually the mean low-water mark) of a coastal state.
The territorial sea is regarded as the sovereign territory of the
state, although foreign ships (both military and civilian) are
allowed innocent passage through it; this sovereignty also
extends to the airspace over and seabed below.

Q: How are straight archipelagic baselines drawn?

A: Straight archipelagic baselines are drawn by joining the outermost
points of the outermost islands and drying reefs of the
archipelago provided that within such baselines are included the
main islands and an area in which the ratio of the area of the
water to the area of the land, including atolls, is between 1 to 1
and 9 to 1.36

Q: What is the maximum length of the baselines?

A: The length of the baselines shall not exceed 100 nautical miles,
except that up to 3 per cent of the total number of baselines
enclosing any archipelago may exceed that length, up to a
maximum length of 125 nautical miles. 37
Q: What is the right of the state over territorial waters?
Q: What is the limit of the territorial waters? A: Under Article 2 of the UNCLOS, the state may exercise
A: 12 nautical miles from the baselines. sovereignty over territorial waters.

Q: What are included in the internal waters of the Philippines?

A: When we say internal waters, we mean internal waters under the
Archipelagic doctrine which is contained in Article I of the
Constitution stating that “the waters around, between, and connecting
the islands of the archipelago, regardless of their breath and
dimensions, from part of the internal waters of the Philippines.”38

Q: What is the limit of the contiguous zone?

A: 24 nautical miles from the baselines.

Q: What is the right of the state over its contiguous zone?

A: Under Article 33 of the UNCLOS, the state may exercise
jurisdiction to enforce customs, fiscal, immigration, and sanitation
laws in the contiguous zone.
36
Article 47, paragraph 1of UNCLOS III.
37 38
Article 47, paragraph 2 of the UNCLOS III. Second sentence of Section 1, Article I of the Constitution.

9
 sovereignty may be waived without violating the
Q: What is the limit of the exclusive economic zone? Constitution.40 Such waiver does not amount to an
A: 200 nautical miles from the baselines. unconstitutional diminution or deprivation of jurisdiction of
Philippine courts.41
Q: What is the right of the state over its exclusive economic zone
and continental shelf? Section 3. Civilian authority is, at all times, supreme over the military.
A: Under the UNCLOS, the state may exercise the right to exploit the The Armed Forces of the Philippines is the protector of the people and the
living and non-living resources in the exclusive economic zone State. Its goal is to secure the sovereignty of the State and the integrity of
(Article 56) and continental shelf (Article 77). the national territory.

Section 4. The prime duty of the Government is to serve and protect

ARTICLE II the people. The Government may call upon the people to defend the State
DECLARATION OF PRINCIPLES AND STATE POLICIES and, in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal, military or civil service.
PRINCIPLES
Section 5. The maintenance of peace and order, the protection of life,
liberty, and property, and promotion of the general welfare are essential for
Section 1. The Philippines is a democratic and republican State.
the enjoyment by all the people of the blessings of democracy.
Sovereignty resides in the people and all government authority emanates
Section 6. The separation of Church and State shall be inviolable.
from them.

Section 2. The Philippines renounces war as an instrument of national

policy, adopts the generally accepted principles of international law as part STATE POLICIES
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations. Section 7. The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
Q: What is the effect of entering into treaties with other states on the sovereignty, territorial integrity, national interest, and the right to self-
sovereignty of the state?39 determination.
A: By their nature, treaties and international agreements actually
have a limiting effect on the otherwise encompassing and Section 8. The Philippines, consistent with the national interest,
absolute nature of sovereignty. By their voluntary act, nations adopts and pursues a policy of freedom from nuclear weapons in its
may decide to surrender or waive some aspects of their state territory.
power or agree to limit the exercise of their otherwise exclusive
and absolute jurisdiction. The usual underlying consideration in Section 9. The State shall promote a just and dynamic social order
this partial surrender may be the greater benefits derived from a that will ensure the prosperity and independence of the nation and free the
pact or a reciprocal undertaking of one contracting party to grant people from poverty through policies that provide adequate social services,
the same privileges or immunities to the other. On the rationale
that the Philippines has adopted the generally accepted principles
of international law as part of the law of the land, a portion of 40
Tañada v. Angara, G.R. No. 118295, May 2, 1997, 272 SCRA 18.
41
Dizon v. Phil. Ryubus Command, 81 Phil. 286 (1948); cited in Agpalo, Public International
39
Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011. Law, 222-223 (2006).

10
promote full employment, a rising standard of living, and an improved Section 19. The State shall develop a self-reliant and independent
quality of life for all. national economy effectively controlled by Filipinos.

Section 10. The State shall promote social justice in all phases of Q: Is Section 11 of Article XII of the Constitution referring to the
national development. percentage of Filipino ownership in the capital of public utilities
self-executing?
Section 11. The State values the dignity of every human person and A: Yes.42
guarantees full respect for human rights.
Q: In the operation if a public utility, how much of its capital must be
Section 12. The State recognizes the sanctity of family life and shall owned by Filipino citizens?
protect and strengthen the family as a basic autonomous social institution. A: Sixty percent (60%).43
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 Q: What do you mean by the term “capital”?
rearing of the youth for civic efficiency and the development of moral A: Considering that common shares have voting rights which
character shall receive the support of the Government. translate to control, as opposed to preferred shares which usually
have no voting rights, the term “capital” in Section 11, Article XII of
Section 13. The State recognizes the vital role of the youth in nation- the Constitution refers only to common shares. However, if the
building and shall promote and protect their physical, moral, spiritual, preferred shares also have the right to vote in the election of
intellectual, and social well-being. It shall inculcate in the youth patriotism directors, then the term “capital” shall include such preferred
and nationalism, and encourage their involvement in public and civic shares because the right to participate in the control or
affairs. management of the corporation is exercised through the right to
Section 14. The State recognizes the role of women in nation-building, vote in the election of directors. In short, the term “capital” in
and shall ensure the fundamental equality before the law of women and Section 11, Article XII of the Constitution refers only to shares of
men. stock that can vote in the election of directors.44

Section 15. The State shall protect and promote the right to health of Section 20. The State recognizes the indispensable role of the private
the people and instill health consciousness among them. sector, encourages private enterprise, and provides incentives to needed
investments.
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 Section 21. The State shall promote comprehensive rural development
of nature. and agrarian reform.

Section 17. The State shall give priority to education, science and Section 22. The State recognizes and promotes the rights of indigenous
technology, arts, culture, and sports to foster patriotism and nationalism, cultural communities within the framework of national unity and
accelerate social progress, and promote total human liberation and development.
development.

Section 18. The State affirms labor as a primary social economic 42

Gamboa v. Finance Secretary, En Banc, G.R. No. 176579, 28 June 2011.
force. It shall protect the rights of workers and promote their welfare. 43
Section 11, Article XII of the Constitution.
44
Gamboa v. Finance Secretary, G.R. No. 176579, 28 June 2011, En Banc.

11
 Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation. Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
Section 24. The State recognizes the vital role of communication and
information in nation-building. Section 4. Citizens of the Philippines who marry aliens shall retain
their citizenship, unless by their act or omission they are deemed, under the
Section 25. The State shall ensure the autonomy of local governments. law to have renounced it.

Section 26. The State shall guarantee equal access to opportunities for Section 5. Dual allegiance of citizens is inimical to the national
public service and prohibit political dynasties as may be defined by law. interest and shall be dealt with by law.

Section 27. The State shall maintain honesty and integrity in the
public service and take positive and effective measures against graft and
ARTICLE V
corruption.
SUFFRAGE
Section 28. Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all its Section 1. Suffrage may be exercised by all citizens of the Philippines,
transactions involving public interest. not otherwise disqualified by law, who are at least eighteen years of age,
and who shall have resided in the Philippines for at least one year and in
the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive
ARTICLE IV requirement shall be imposed on the exercise of suffrage.
CITIZENSHIP
Section 2. The Congress shall provide a system for securing the
Section 1. The following are citizens of the Philippines: secrecy and sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution; The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then, they
2. Those whose fathers or mothers are citizens of the Philippines; shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of the
3. Those born before January 17, 1973, of Filipino mothers, who ballot.
elect Philippine Citizenship upon reaching the age of majority; and

4. Those who are naturalized in the accordance with law. ARTICLE VI

Section 2. Natural-born citizens are those who are citizens of the THE LEGISLATIVE DEPARTMENT
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship. Those who elect Philippine citizenship
Section 1. The legislative power shall be vested in the Congress of the
in accordance with paragraph (3), Section 1 hereof shall be deemed
Philippines which shall consist of a Senate and a House of Representatives,
natural-born citizens.

12
except to the extent reserved to the people by the provision on initiative and by Congress will detract from the constitutional principle that the
referendum. power to create legislative districts belongs exclusively to
Congress.49
Q: What are the two tests to determine the validity of delegation of
legislative power? Section 2. The Senate shall be composed of twenty-four Senators who
A: The two tests are (1) the completeness test and (2) the sufficient shall be elected at large by the qualified voters of the Philippines, as may
standard test. be provided by law.

Q: When is a delegation considered complete? Section 3. No person shall be a Senator unless he is a natural-born
A: A delegation is complete when it sets forth therein the policy to be citizen of the Philippines and, on the day of the election, is at least thirty-
executed, carried out or implemented by the delegate. 45 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
Q: When is a delegation considered to have sufficient standard? of the election.
A: There is sufficient standard when the limits of the delegate’s
authority have been specified, the legislative policy has been Section 4. The term of office of the Senators shall be six years and
announced, and the conditions under which the delegate’s power shall commence, unless otherwise provided by law, at noon on the thirtieth
is to be implemented are identified.46 (Code: LPC) day of June next following their election. No Senator shall serve for more
than two consecutive terms. Voluntary renunciation of the office for any
Q: What are some of the recognized sufficient standards? length of time shall not be considered as an interruption in the continuity of
A: Some of the sufficient standards recognized by the Supreme his service for the full term of which he was elected.
Court are “public interest,” “justice and equity,” “public
convenience and welfare” and “simplicity, economy and Section 5. (1) The House of Representatives shall be composed of not
welfare.”47 more than two hundred and fifty members, unless otherwise fixed by law,
who shall be elected from legislative districts apportioned among the
Q: May Congress delegate the power to create a province? provinces, cities, and the Metropolitan Manila area in accordance with the
A: No, Congress cannot delegate the power to create a province. 48 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
Q: What is the reason why Congress cannot delegate the power to through a party-list system of registered national, regional, and sectoral
create a province? parties or organizations.
A: A province cannot legally be created without a legislative district
because the Constitution mandates that “each province shall have (2) The party-list representatives shall constitute twenty per centum of
at least one representative.” The creation of a province other than the total number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution, one-half
45
Pelaez v. Auditor General, 122 Phil. 965 (1965), cited in Abakada Guro v. Purisima, En of the seats allocated to party-list representatives shall be filled, as
Banc, G.R. 166715, 14 August 2008. provided by law, by selection or election from the labor, peasant, urban
46
See Isagani Cruz, Philippine Political Law, 1991 Edition, page 97, cited in Abakada Guro v. poor, indigenous cultural communities, women, youth, and such other
Purisima, En Banc, G.R. 166715, 14 August 2008. sectors as may be provided by law, except the religious sector.
47
Equi-Asia Placement, Inc. v. Department of Foreign Affairs, G.R. No. 152214, 19
September 2006, 502 SCRA 295, cited in Abakada Guro v. Purisima, En Banc, G.R. 166715,
14 August 2008.
48 49
Sema v. Comelec, G.R. No. 177597, 16 July 2008. Sema v. Comelec, G.R. No. 177597, 16 July 2008.

13
Q: Explain the two steps before a party or organization can join seat each, to every two-percenter. Thus, the
electoral contests? remaining available seats for allocation as
A: To join electoral contests, a party or organization must undergo “additional seats” are the maximum seats reserved
the two-step process of registration and accreditation. under the Party List System less the guaranteed
Registration is the act that bestows juridical personality for seats. Fractional seats are disregarded in the
purposes of our elections laws; accreditation on the other hand, absence of a provision in R.A. No. 7941 allowing for
relates to the privileged participation that our election laws grant a rounding off of fractional seats.
to qualified registered parties.50

Q: Explain how is the 20% party-list representatives in the total Q: Can major political parties participate in the party-list system? If
membership of the House of Representatives computed? so, give reasons and examples.
A: In BANAT v. Comelec,51 the Supreme Court declared that in A: Yes. Neither the Constitution nor R.A. No. 7941 prohibits major
determining the allocation of seats for party-list representatives political parties from participating in the party-list system. On the
under Section 11 of R.A. No. 7941, the following procedure shall contrary, the framers of the Constitution clearly intended the
be observed: major political parties to participate in party-list elections through
their sectoral wings. Excluding the major political parties in party-
1. The parties, organizations, and coalitions list elections is manifestly against the Constitution, the intent of
shall be ranked from the highest to the lowest based the Constitutional Commission, and R.A. No. 7941. Read
on the number of votes they garnered during the together, R.A. No. 7941 and the deliberations of the Constitutional
elections. Commission state that major political parties are allowed to
establish, or form coalitions with, sectoral organizations for
2. The parties, organizations, and coalitions electoral or political purposes.
receiving at least two percent (2%) of the total votes
cast for the party-list system shall be entitled to one There should not be a problem if, for example, the Liberal
guaranteed seat each. Party participates in the party-list election through the Kabataang
Liberal ng Pilipinas (KALIPI), its sectoral youth wing. The other
3. Those garnering sufficient number of votes, major political parties can thus organize, or affiliate with, their
according to the ranking in paragraph 1, shall be chosen sector or sectors. To further illustrate, the Nacionalista
entitled to additional seats in proportion to their total Party can establish a fisherfolk wing to participate in the party-list
number of votes until all the additional seats are election, and this fisherfolk wing can field its fisherfolk nominees.
allocated. Kabalikat ng Malayang Pilipino (KAMPI) can do the same for the
urban poor.52
4. Each party, organization, or coalition shall
be entitled to not more than three (3) seats. Q: Explain the qualifications of party-list nominees?
A: The qualifications of party-list nominees are prescribed in Section
In computing the additional seats, the 9 of R.A. No. 7941:
guaranteed seats shall no longer be included
because they have already been allocated, at one Qualifications of Party-List Nominees. — No
person shall be nominated as party-list
50
Magdalo v. Comelec, G.R. No. 190793, June 19, 2012, 673 SCRA 651.
51 52
G.R. No. 179271, En Banc, penned by Justice Carpio, 21 April 2009. BANAT v. Comelec, En Banc, G.R. No. 179271, penned by Justice Carpio, 21 April 2009.

14
 representative unless he is a natural born citizen of candidacy. Under Section 13 of RA 9369, which reiterates
the Philippines, a registered voter, a resident of the Section 66 of the Omnibus Election Code, any person holding a
Philippines for a period of not less than one (1) year public appointive office or position, including active members of
immediately preceding the day of the elections, able the Armed Forces of the Philippines, and officers and employees
to read and write, bona fide member of the party or in government-owned or -controlled corporations, shall be
organization which he seeks to represent for at least considered ipso facto resigned from his office upon the filing of
ninety (90) days preceding the day of the election, his certificate of candidacy.54
and is at least twenty-five (25) years of age on the
day of the election. (3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a population of
In case of a nominee of the youth sector, he at least two hundred fifty thousand, or each province, shall have at least
must at least be twenty-five (25) but not more than one representative.
thirty (30) years of age on the day of the election.
Any youth sectoral representative who attains the Q: Is there a specific provision in the Constitution that fixes a
age of thirty (30) during his term shall be allowed to 250,000 minimum population that must compose a legislative
continue until the expiration of his term. district?
A: No, there is no specific provision in the Constitution that fixes a
Under Section 9 of R.A. No. 7941, it is not necessary that 250,000 minimum population that must compose a legislative
the party-list organization’s nominee “wallow in poverty, district.55
destitution and infirmity” as there is no financial status required in
the law. It is enough that the nominee of the sectoral Q: Must the population of a city be increased by another 250,000 in
party/organization/coalition belongs to the marginalized and order to be entitled to an additional district?
underrepresented sectors, that is, if the nominee represents the A: No. While Section 5(3), Article VI of the Constitution requires a
fisherfolk, he or she must be a fisherfolk, or if the nominee city to have a minimum population of 250,000 to be entitled to a
represents the senior citizens, he or she must be a senior citizen. representative, it does not have to increase its population by
another 250,000 to be entitled to an additional district. 56
Q: Are elected officials considered ipso facto resigned from their
offices upon their filing of certificates of candidacy? (4) Within three years following the return of every census, the
A: No, elected officials are no longer considered ipso facto resigned Congress shall make a reapportionment of legislative districts based on the
from their respective offices upon their filing of certificates of standards provided in this section.
candidacy. Section 14 of the Fair Election Act repealed Section
67 (i.e., the deemed-resigned provision in respect of elected Q: What is reapportionment?
officials) of the Omnibus Election Code.53

Q: Are appointive officials considered ipso facto resigned from their

offices upon their filing of certificates of candidacy?
54
A: Yes, appointive officials are considered ipso facto resigned from Quinto and Tolentino v. Comelec, G.R. No. 189698, 22 February 2010.
their respective offices upon their filing of certificates of 55
Aquino III v. Comelec,En Banc, G.R. No. 189793, 7 April 2010, 617 SCRA 623, 640. See
also Mariano, Jr. v. Comelec, 312 Phil. 259, 242 SCRA 211 (1995).
53 56
Fariñas, et al. v. Executive Secretary, et al., G.R. No. 147387, 10 December 2003, 417 Aquino III v. Comelec, En Banc, G.R. No. 189793, 7 April 2010, 617 SCRA 623, 641. See
SCRA 503. also Mariano, Jr. v. Comelec, 312 Phil. 259, 242 SCRA 211 (1995).

15
A: Reapportionment is the realignment or change in legislative Q: Latasa was elected and served as mayor of the Municipality of
districts brought about by changes in population and mandated Digos, Davao del Sur for terms 1992-1995, 1995-1998 and 1998-
by the constitutional requirement of equality of representation. 57 2001. During his third term, Digos was converted into a
component city, with the corresponding cityhood law providing the
Section 6. No person shall be a Member of the House of holdover of elective officials. Is Latasa qualified to run as mayor
Representatives unless he is a natural-born citizen of the Philippines and, of Digos City in the 2001 elections?
on the day of the election, is at least twenty-five years of age, able to read A: No, Latasa is disqualified to run as mayor of Digos City in the
and write, and, except the party-list representatives, a registered voter in 2001 elections as he will be violating the three-term limit rule for
the district in which he shall be elected, and a resident thereof for a period the following reason: The very instant he vacated his office as
of not less than one year immediately preceding the day of the election. municipal mayor, he also assumed office as city mayor. He never
ceased from discharging his duties and responsibilities as chief
Section 7. The Members of the House of Representatives shall be executive of Digos.59
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following their Section 8. Unless otherwise provided by law, the regular election of
election. No Member of the House of Representatives shall serve for more the Senators and the Members of the House of Representatives shall be held
than three consecutive terms. Voluntary renunciation of the office for any on the second Monday of May.
length of time shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected. Section 9. In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill such vacancy in the
Q: Capco was elected vice-mayor of Pateros on January 18, 1988 manner prescribed by law, but the Senator or Member of the House of
for a term ending June 30, 1992. On September 2, 1989, Capco Representatives thus elected shall serve only for the unexpired term.
became mayor, by operation of law, upon the death of the
incumbent mayor, Cesar Borja. Capco was then elected and Section 10. The salaries of Senators and Members of the House of
served as mayor for terms 1992-1995 and 1995-1998. When Representatives shall be determined by law. No increase in said
Capco expressed his intention to run again for the mayoralty compensation shall take effect until after the expiration of the full term of
position during the 1998 elections, Benjamin U. Borja, Jr., who all the Members of the Senate and the House of Representatives approving
was then also a candidate for mayor, sought Capco’s such increase.
disqualification for violation of the three-term limit rule. Is Capco
disqualified? Section 11. A Senator or Member of the House of Representatives
A: Finding for Capco, the Supreme Court held that for the shall, in all offenses punishable by not more than six years imprisonment,
disqualification rule to apply, “it is not enough that an individual be privileged from arrest while the Congress is in session. No Member shall
has served three consecutive terms in an elective local office, he be questioned nor be held liable in any other place for any speech or debate
must also have been elected to the same position for the same in the Congress or in any committee thereof.
number of times before the disqualification can apply.” There
was, the Court ruled, no violation of the three-term limit, for Capco Section 12. All Members of the Senate and the House of
“was not elected to the office of the mayor in the first term but simply Representatives shall, upon assumption of office, make a full disclosure of
found himself thrust into it by operation of law” when a permanent 58
vacancy occurred in that office.58 Borja, Jr. v. Comelec and Jose T. Capco, Jr.,September 3, 1998, 295
SCRA 157, cited in Abundo, Sr. v. Comelec, en banc, 688 SCRA 149, 169
59
Latasa v. Comelec, December 10, 2003, 417 SCRA 601, cited in
57
Bagabuyo v. Comelec, 573 SCRA 290 (2008). Abundo Sr. v. Comelec, en banc, 688 SCRA 149.

16
their financial and business interests. They shall notify the House (3) Each House may determine the rules of its proceedings, punish its
concerned of a potential conflict of interest that may arise from the filing of Members for disorderly behavior, and, with the concurrence of two-thirds of
a proposed legislation of which they are authors. all its Members, suspend or expel a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.
Section 13. No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or any (4) Each House shall keep a Journal of its proceedings, and from time
subdivision, agency, or instrumentality thereof, including government- to time publish the same, excepting such parts as may, in its judgment,
owned or controlled corporations or their subsidiaries, during his term affect national security; and the yeas and nays on any question shall, at the
without forfeiting his seat. Neither shall he be appointed to any office which request of one-fifth of the Members present, be entered in the Journal. Each
may have been created or the emoluments thereof increased during the term House shall also keep a Record of its proceedings.
for which he was elected.
(5) Neither House during the sessions of the Congress shall, without
Section 14. No Senator or Member of the House of Representatives the consent of the other, adjourn for more than three days, nor to any other
may personally appear as counsel before any court of justice or before the place than that in which the two Houses shall be sitting.
Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any Section 17. The Senate and the House of Representatives shall each
contract with, or in any franchise or special privilege granted by the have an Electoral Tribunal which shall be the sole judge of all contests
Government, or any subdivision, agency, or instrumentality thereof, relating to the election, returns, and qualifications of their respective
including any government-owned or controlled corporation, or its Members. Each Electoral Tribunal shall be composed of nine Members,
subsidiary, during his term of office. He shall not intervene in any matter three of whom shall be Justices of the Supreme Court to be designated by
before any office of the Government for his pecuniary benefit or where he the Chief Justice, and the remaining six shall be Members of the Senate or
may be called upon to act on account of his office. the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the
Section 15. The Congress shall convene once every year on the fourth parties or organizations registered under the party-list system represented
Monday of July for its regular session, unless a different date is fixed by therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session, Q: Is the validity of the selection of members of the Senate Electoral
exclusive of Saturdays, Sundays, and legal holidays. The President may call Tribunal a political question?
a special session at any time. A: No, the Supreme Court ruled that the validity of the selection of
members of the Senate Electoral Tribunal by the senators is not a
Section 16. (1) The Senate shall elect its President and the House of political question. The choice of these members did not depend
Representatives, its Speaker, by a majority vote of all its respective on the Senate’s “full discretionary authority,” but was subject to
Members. Each House shall choose such other officers as it may deem mandatory constitutional limitations.60
necessary.
Q: Does the House of Representatives Electoral Tribunal (HRET)
(2) A majority of each House shall constitute a quorum to do business, have the jurisdiction to pass upon the qualifications of party-list
but a smaller number may adjourn from day to day and may compel the nominees after their proclamation and assumption of office?
attendance of absent Members in such manner, and under such penalties, as A: Yes, the HRET has jurisdiction to pass upon the qualifications of
such House may provide. party-list nominees after their proclamation and assumption of
60
Cited in Santiago v. Guingona, G.R. No. 134577, 18 November 1998

17
 office; they are, for all intents and purposes, “elected members” of Section 21. The Senate or the House of Representatives or any of its
the House of Representatives although the entity directly voted respective committees may conduct inquiries in aid of legislation in
upon was their party.61 accordance with its duly published rules of procedure. The rights of persons
appearing in, or affected by, such inquiries shall be respected.
Section 18. There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman, twelve Senators, and Section 22. The heads of departments may, upon their own initiative,
twelve Members of the House of Representatives, elected by each House on with the consent of the President, or upon the request of either House, as
the basis of proportional representation from the political parties and the rules of each House shall provide, appear before and be heard by such
parties or organizations registered under the party-list system represented House on any matter pertaining to their departments. Written questions
therein. The chairman of the Commission shall not vote, except in case of a shall be submitted to the President of the Senate or the Speaker of the
tie. The Commission shall act on all appointments submitted to it within House of Representatives at least three days before their scheduled
thirty session days of the Congress from their submission. The Commission appearance. Interpellations shall not be limited to written questions, but
shall rule by a majority vote of all the Members. may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the
Q: Is the apportionment among political parties the seats to which appearance shall be conducted in executive session.
each chamber was entitled in the Commission on Appointments a
political question? Q: When must the rules of procedure in inquiries in aid of legislation
A: No, the issue is justiciable, “even if the question were political in in the Senate be published?
nature,” since it involved “the legality, not the wisdom, of the A: The phrase “duly published rules of procedure” in Section 21 of
manner of filling the Commission on Appointments as prescribed Article VI of the Constitution requires the Senate of every
by [Section 18, Article VI of] the Constitution.” [Daza v. Singson,62 Congress to publish its rules of procedure governing inquiries in
Coseteng v. Mitra Jr.63 and Guingona Jr. v. Gonzales64] aid of legislation because every Senate is distinct from the one
before it or after it. Since Senatorial elections are held every three
Section 19. The Electoral Tribunals and the Commission on (3) years for one-half of the Senate’s membership, the
Appointments shall be constituted within thirty days after the Senate and composition of the Senate also changes by the end of each term.
the House of Representatives shall have been organized with the election of Each Senate may thus enact a different set of rules as it may
the President and the Speaker. The Commission on Appointments shall meet deem fit.65
only while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as are Q: Is it sufficient to publish the rules of procedure in booklet form and
herein conferred upon it. make them available to anyone for free, and accessible to the
public at the Senate’s internet web page?
Section 20. The records and books of accounts of the Congress shall A: No. The publication of the Rules of Procedure in the website of
be preserved and be open to the public in accordance with law, and such the Senate, or in pamphlet form available at the Senate, is not
books shall be audited by the Commission on Audit which shall publish sufficient under the Tañada v. Tuvera ruling which requires
annually an itemized list of amounts paid to and expenses for each Member. publication either in the Official Gazette or in a newspaper of
general circulation. Publication in accordance with Tañada is
61
mandatory to comply with the due process requirement because
Bello v. Comelec, G.R. No. 191998, December 7, 2010, 637 SCRA 59.
62
the Rules of Procedure put a person’s liberty at risk. A person
180 SCRA 496, 21 December 1989.
63
187 SCRA 377, 12 July 1990.
64 65
214 SCRA 789, 20 October 1992. Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.

18
 who violates the Rules of Procedure could be arrested and Bank (Philippine Branch) v. Senate Committee on Banks,
detained by the Senate.66 Financial Institutions and Currencies (Standard Chartered Bank)71
provides the following reason:
Q: Is the invocation of the provisions of the of R.A. No. 8792,
otherwise known as the Electronic Commerce Act of 2000, [T]he mere filing of a criminal or an
correct to support a claim of valid publication of the rules of administrative complaint before a court or quasi-
procedure of the Senate through the internet? judicial body should not automatically bar the
A: R.A. 8792 considers an electronic data message or an electronic conduct of legislative investigation. Otherwise, it
document as the functional equivalent of a written document only would be extremely easy to subvert any intended
for evidentiary purposes. In other words, the law merely inquiry by Congress through the convenient ploy of
recognizes the admissibility in evidence (for their being the instituting a criminal or an administrative complaint.
original) of electronic data messages and/or electronic Surely, the exercise of sovereign legislative
documents. It does not make the internet a medium for publishing authority, of which the power of legislative inquiry is
laws, rules and regulations.67 an essential component, cannot be made
subordinate to a criminal or administrative
Q: Does the pendency of the cases in court bar the Congress from investigation.
conducting inquiries in aid of legislation?
A: A legislative investigation in aid of legislation and court As succinctly stated in x x x Arnault v. Nazareno––
proceedings have different purposes. 68 On one hand, courts
conduct hearings or like adjudicative procedures to settle, through [T]he power of inquiry––with process to
the application of a law, actual controversies arising between enforce it––is an essential and appropriate auxiliary
adverse litigants and involving demandable rights. On the other to the legislative function. A legislative body cannot
hand, inquiries in aid of legislation are, inter alia, undertaken as legislate wisely or effectively in the absence of
tools to enable the legislative body to gather information and, information respecting the conditions which the
thus, legislate wisely and effectively; 69 and to determine whether legislation is intended to affect or change; and where
there is a need to improve existing laws or enact new or remedial the legislative body does not itself possess the
legislation,70 albeit the inquiry need not result in any potential requisite information––which is not infrequently
legislation. On-going judicial proceedings do not preclude true––recourse must be had to others who possess
congressional hearings in aid of legislation. Standard Chartered it.
66
Garcillano v. House of Representatives Committee on Public Information et al., En Banc,
G.R. No. 170338, 23 December 2008 consolidated with Ranada et al. v. Senate, G.R. No. Q: What must appear in an invitation in an inquiry aid of legislation
179275. under Section 21 of Article VI or in a request for appearance
67
Garcillano v. House of Representatives Committee on Public Information et al., En Banc, under Section 22 of Article VI of the Constitution?
G.R. No. 170338, 23 December 2008 consolidated with Ranada et al. v. Senate, G.R. No. A: In Senate v. Ermita, the Supreme Court ruled that the invitations
179275. should contain the “possible needed statute which prompted the
68
Cited in Regis Romero II v. Senator Jinggoy Estrada et al, En Banc, G.R. No. 174105, 2 need for the inquiry,” along with “the usual indication of the
April 2009.
69 subject of inquiry and the questions relative to and in furtherance
Arnault v. Nazareno, 87 Phil. 29 (1950).
70 thereof.” Compliance with this requirement is imperative, both
Neri v. Senate Committee on Accountability of Public Officers and Investigations, G.R. No.
180643, 25 March 2008, 549 SCRA 77, 168; citing W. Keefe & M. Ogul, THE AMERICAN
71
LEGISLATIVE PROCESS: CONGRESS AND THE STATES 20-23 (4th ed., 1977). G.R. No. 167173, 27 December 2007, 541 SCRA 456, 471-472.

19
 under Sections 21 and 22 of Article VI of the Constitution. This Q: What are the two (2) kinds of executive privilege?
must be so to ensure that the rights of both persons appearing in A: The two (2) kinds of executive privilege are (a) the presidential
or affected by such inquiry are respected as mandated by said communications privilege and (b) the deliberative process
Section 21 and by virtue of the express language of Section 22. 72 privilege.75

Q: Distinguish between the right of Congress or any of its Q: What does the presidential communications privilege include?
committees to obtain information in aid of legislation and the A: The presidential communications privilege pertains to
people’s right to public information. “communications, documents or other materials that reflect
A: In Senate v. Ermita, the Supreme Court declared that: presidential decision-making and deliberations and that the
President believes should remain confidential.” 76
“There are, it bears noting, clear distinctions
between the right of Congress to information which Q: What are the elements of the presidential communications
underlies the power of inquiry and the right of people privilege?
to information on matters of public concern. For one, A: The elements of the presidential communications privilege are as
the demand of a citizen for the production of follows:
documents pursuant to his right to information does
not have the same obligatory force as a subpoena 1. The protected communication must relate to
duces tecum issued by Congress. Neither does the a “quintessential and non-delegable presidential
right to information grant a citizen the power to exact power”;
testimony from government officials. These powers
belong only to Congress, not to an individual 2. The communication must be authored or
citizen.”73 “solicited and received” by a close advisor of the
President or the President himself. The judicial test
Thus, while Congress is composed of representatives is that an advisor must be in “operational proximity”
elected by the people, it does not follow, except in a highly with the President;
qualified sense, that in every exercise of its power of inquiry, the
people are exercising their right to information. 3. The presidential communications privilege
remains a qualified privilege that may be overcome
Q: May a person invited as resource person to a legislative inquiry in by a showing of adequate need, such that the
aid of legislation invoke the right to counsel? information sought “likely contains important
A: The right to be assisted by counsel can only be invoked by a evidence” and by the unavailability of the information
person under custodial investigation suspected for the elsewhere by an appropriate investigating
commission of a crime, and therefore attaches only during such authority.77
custodial investigation. Resource persons invited to a legislative
inquiry cannot therefore validly invoke the right to counsel. 74 Q: What does the deliberative process privilege include?

72 75
Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008. Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.
73 76
Cited in Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008. Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.
74 77
Philcomsat v. Senate of the Philippines, G.R. No. 180308, June 19, 2012, 673 SCRA 611. Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.

20
A: The deliberative process privilege includes “advisory opinions, A: Any military official whom Congress summons to testify before it
recommendations and deliberations comprising part of a process may be compelled to do so by the President. If the President is
by which governmental decisions and policies are formulated.” 78 not so inclined, the President may be commanded by judicial
order to compel the attendance of the military officer. 82
Q: Distinguish presidential communications privilege and deliberative
process privilege. Section 23. (1) The Congress, by a vote of two-thirds of both Houses in
A: Presidential communications privilege applies to decision-making joint session assembled, voting separately, shall have the sole power to
of the President while, the deliberative process privilege, to declare the existence of a state of war.
decision-making of executive officials. The first is rooted in the
constitutional principle of separation of power and the President’s (2) In times of war or other national emergency, the Congress may, by
unique constitutional role; the second on common law privilege. law, authorize the President, for a limited period and subject to such
Unlike the deliberative process privilege, the presidential restrictions as it may prescribe, to exercise powers necessary and proper to
communications privilege applies to documents in their entirety, carry out a declared national policy. Unless sooner withdrawn by
and covers final and post-decisional materials as well as pre- resolution of the Congress, such powers shall cease upon the next
deliberative ones. As a consequence, congressional or judicial adjournment thereof.
negation of the presidential communications privilege is always
subject to greater scrutiny than denial of the deliberative process Section 24. All appropriation, revenue or tariff bills, bills authorizing
privilege.79 increase of the public debt, bills of local application, and private bills, shall
originate exclusively in the House of Representatives, but the Senate may
Q: Cite some instances where the Executive may withhold propose or concur with amendments.
documents as falling under executive privilege?
A: The Executive has a right to withhold documents that might reveal Section 25. (1) The Congress may not increase the appropriations
military or state secrets, identity of government informers in some recommended by the President for the operation of the Government as
circumstances, and information related to pending investigations. specified in the budget. The form, content, and manner of preparation of the
An area where the privilege is highly revered is in foreign budget shall be prescribed by law.
relations.80
(2) No provision or enactment shall be embraced in the general
Q: May the President prevent a member of the armed forces from appropriations bill unless it relates specifically to some particular
testifying before a legislative inquiry? appropriation therein. Any such provision or enactment shall be limited in
A: Yes, the President has constitutional authority to do so, by virtue its operation to the appropriation to which it relates.
of her power as commander-in-chief, and that as a consequence
a military officer who defies such injunction is liable under military (3) The procedure in approving appropriations for the Congress shall
justice.81 strictly follow the procedure for approving appropriations for other
departments and agencies.
Q: What is the remedy of Congress if a military officer refuses to
appear before it? (4) A special appropriations bill shall specify the purpose for which it
78 is intended, and shall be supported by funds actually available as certified
Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.
79 by the National Treasurer, or to be raised by a corresponding revenue
Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.
80 proposal therein.
Neri v. Senate Committee on Accountability, G.R. No. 180643, 25 March 2008.
81 82
B/Gen. Gudani v. Chief of Staff, G.R. No. 170165, En Banc, 15 August 2006. B/Gen. Gudani v. Chief of Staff, G.R. No. 170165, En Banc, 15 August 2006.

21
 complained of concerned the internal procedures of the House,
(5) No law shall be passed authorizing any transfer of appropriations; with which the Court had no concern. It enucleated in Arroyo v.
however, the President, the President of the Senate, the Speaker of the De Venecia that:83
House of Representatives, the Chief Justice of the Supreme Court, and the
heads of Constitutional Commissions may, by law, be authorized to “It would be an unwarranted invasion of the
augment any item in the general appropriations law for their respective prerogative of a coequal department for this Court
offices from savings in other items of their respective appropriations. either to set aside a legislative action as void
because the Court thinks the House has disregarded
(6) Discretionary funds appropriated for particular officials shall be its own rules of procedure, or to allow those
disbursed only for public purposes to be supported by appropriate vouchers defeated in the political arena to seek a rematch in
and subject to such guidelines as may be prescribed by law. the judicial forum when petitioners can find their
remedy in that department itself. The Court has not
(7) If, by the end of any fiscal year, the Congress shall have failed to been invested with a roving commission to inquire
pass the general appropriations bill for the ensuing fiscal year, the general into complaints, real or imagined, of legislative
appropriations law for the preceding fiscal year shall be deemed re-enacted skullduggery. It would be acting in excess of its
and shall remain in force and effect until the general appropriations bill is power and would itself be guilty of grave abuse of
passed by the Congress. discretion were it to do so. x x x In the absence of
anything to the contrary, the Court must assume that
Section 26. (1) Every bill passed by the Congress shall embrace only Congress or any House thereof acted in the good
one subject which shall be expressed in the title thereof. faith belief that its conduct was permitted by its rules,
and deference rather than disrespect is due the
(2) No bill passed by either House shall become a law unless it has judgment of that body.”
passed three readings on separate days, and printed copies thereof in its
final form have been distributed to its Members three days before its Section 27. (1) Every bill passed by the Congress shall, before it
passage, except when the President certifies to the necessity of its becomes a law, be presented to the President. If he approves the same he
immediate enactment to meet a public calamity or emergency. Upon the last shall sign it; otherwise, he shall veto it and return the same with his
reading of a bill, no amendment thereto shall be allowed, and the vote objections to the House where it originated, which shall enter the
thereon shall be taken immediately thereafter, and the yeas and nays objections at large in its Journal and proceed to reconsider it. If, after such
entered in the Journal. reconsideration, two-thirds of all the Members of such House shall agree to
pass the bill, it shall be sent, together with the objections, to the other
Q: The Court is being asked to reexamine the enrolled bill doctrine House by which it shall likewise be reconsidered, and if approved by two-
and to look beyond the certification of the Speaker of the House thirds of all the Members of that House, it shall become a law. In all such
of Representatives that the bill, which was later enacted as a cases, the votes of each House shall be determined by yeas or nays, and the
Republic Act, was properly approved by the legislative body. names of the Members voting for or against shall be entered in its Journal.
Petitioners are claiming that certain procedural rules of the House The President shall communicate his veto of any bill to the House where it
had been breached in the passage of the bill. They aver further originated within thirty days after the date of receipt thereof, otherwise, it
that a violation of the constitutionally mandated House rules is a shall become a law as if he had signed it.
violation of the Constitution itself. Should the Court entertain the
petition?
A: The Court should dismiss the petition, because the matter 83
277 SCRA 268, 14 August 1997.

22
 (2) The President shall have the power to veto any particular item or Section 30. No law shall be passed increasing the appellate
items in an appropriation, revenue, or tariff bill, but the veto shall not affect jurisdiction of the Supreme Court as provided in this Constitution without
the item or items to which he does not object. its advice and concurrence.

Section 28. (1) The rule of taxation shall be uniform and equitable. Section 31. No law granting a title of royalty or nobility shall be
The Congress shall evolve a progressive system of taxation. enacted.

(2) The Congress may, by law, authorize the President to fix within Section 32. The Congress shall, as early as possible, provide for a
specified limits, and subject to such limitations and restrictions as it may system of initiative and referendum, and the exceptions therefrom, whereby
impose, tariff rates, import and export quotas, tonnage and wharfage dues, the people can directly propose and enact laws or approve or reject any act
and other duties or imposts within the framework of the national or law or part thereof passed by the Congress or local legislative body after
development program of the Government. the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district must
(3) Charitable institutions, churches and personages or convents be represented by at least three per centum of the registered voters thereof.
appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and exclusively used for
religious, charitable, or educational purposes shall be exempt from ARTICLE VII
taxation. EXECUTIVE DEPARTMENT
(4) No law granting any tax exemption shall be passed without the
Section 1. The executive power shall be vested in the President of the
concurrence of a majority of all the Members of the Congress.
Philippines.
Section 29. (1) No money shall be paid out of the Treasury except in
Q: May the president be sued during his incumbency?
pursuance of an appropriation made by law.
A: In David v. Macapagal-Arroyo, the Supreme Court declared that
indeed the President enjoys immunity during her incumbency, and
(2) No public money or property shall be appropriated, applied, paid,
why this must be so:
or employed, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion, or of
Settled is the doctrine that the President, during
any priest, preacher, minister, other religious teacher, or dignitary as such,
his tenure of office or actual incumbency, may not be
except when such priest, preacher, minister, or dignitary is assigned to the
sued in any civil or criminal case, and there is no
armed forces, or to any penal institution, or government orphanage or
need to provide for it in the Constitution or law. It will
leprosarium.
degrade the dignity of the high office of the
President, the Head of State, if he can be dragged
(3) All money collected on any tax levied for a special purpose shall
into court litigations while serving as such.
be treated as a special fund and paid out for such purpose only. If the Furthermore, it is important that he be freed from
purpose for which a special fund was created has been fulfilled or any form of harassment, hindrance or distraction to
abandoned, the balance, if any, shall be transferred to the general funds of enable him to fully attend to the performance of his
the Government. official duties and functions. Unlike the legislative
and judicial branch, only one constitutes the
executive branch and anything which impairs his

23
 usefulness in the discharge of the many great and in the presence of the Senate and the House of Representatives in joint
important duties imposed upon him by the public session, and the Congress, upon determination of the authenticity
Constitution necessarily impairs the operation of the and due execution thereof in the manner provided by law, canvass the votes.
Government. x x x.84
The person having the highest number of votes shall be proclaimed
Section 2. No person may be elected President unless he is a natural- elected, but in case two or more shall have an equal and highest number of
born citizen of the Philippines, a registered voter, able to read and write, at votes, one of them shall forthwith be chosen by the vote of a majority of all
least forty years of age on the day of the election, and a resident of the the Members of both Houses of the Congress, voting separately.
Philippines for at least ten years immediately preceding such election.
The Congress shall promulgate its rules for the canvassing of the
Section 3. There shall be a Vice-President who shall have the same certificates.
qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same The Supreme Court, sitting en banc, shall be the sole judge of all
manner as the President. contests relating to the election, returns, and qualifications of the President
or Vice-President, and may promulgate its rules for the purpose.
The Vice-President may be appointed as a Member of the Cabinet.
Such appointment requires no confirmation. Q: Petitioner submits that if the President, as head of the Executive
Department, cannot create the Philippine Truth Commission, the
Section 4. The President and the Vice-President shall be elected by Supreme Court, likewise, cannot create the Presidential Electoral
direct vote of the people for a term of six years which shall begin at noon Tribunal in the absence of an act of the legislature. Is Petitioner’s
on the thirtieth day of June next following the day of the election and shall contention correct?
end at noon of the same date, six years thereafter. The President shall not A: No, Petitioner’s argument is not valid. A plain reading of Article
be eligible for any re-election. No person who has succeeded as President VII, Section 4, paragraph 7, readily reveals a grant of authority to
and has served as such for more than four years shall be qualified for the Supreme Court sitting en banc.85
election to the same office at any time.
Q: What is the doctrine of necessary implication?
No Vice-President shall serve for more than two successive terms. A: Under the doctrine of necessary implication, the conferment of
Voluntary renunciation of the office for any length of time shall not be additional jurisdiction includes the means to carry it into effect. 86
considered as an interruption in the continuity of the service for the full
term for which he was elected. Section 5. Before they enter on the execution of their office, the
President, the Vice-President, or the Acting President shall take the
Unless otherwise provided by law, the regular election for President following oath or affirmation:
and Vice-President shall be held on the second Monday of May.
"I do solemnly swear (or affirm) that I will faithfully and
The returns of every election for President and Vice-President, duly conscientiously fulfill my duties as President (or Vice-President or Acting
certified by the board of canvassers of each province or city, shall be President) of the Philippines, preserve and defend its Constitution, execute
transmitted to the Congress, directed to the President of the Senate. Upon its laws, do justice to every man, and consecrate myself to the service of the
receipt of the certificates of canvass, the President of the Senate shall, not
later than thirty days after the day of the election, open all the certificates 85
Macalintal v. PET, 7 June 2011, En Banc, 651 SCRA239, 250, 253.
84 86
G.R. No. 171396, 3 May 2006, 489 SCRA 160, 224-225. Macalintal v. PET, 7 June 2011, En Banc, 651 SCRA239, 250.

24
Nation. So help me God." (In case of affirmation, last sentence will be Speaker of the House of Representatives, shall then act as President until
omitted.) the President or Vice-President shall have been elected and qualified.

Section 6. The President shall have an official residence. The salaries The Congress shall, by law, provide who shall serve as President in
of the President and Vice-President shall be determined by law and shall case of death, permanent disability, or resignation of the Acting President.
not be decreased during their tenure. No increase in said compensation He shall serve until the President or the Vice-President shall have been
shall take effect until after the expiration of the term of the incumbent elected and qualified, and be subject to the same restrictions of powers and
during which such increase was approved. They shall not receive during disqualifications as the Acting President.
their tenure any other emolument from the Government or any other source.
Section 9. Whenever there is a vacancy in the Office of the Vice-
Section 7. The President-elect and the Vice President-elect shall President during the term for which he was elected, the President shall
assume office at the beginning of their terms. nominate a Vice-President from among the Members of the Senate and the
House of Representatives who shall assume office upon confirmation by a
If the President-elect fails to qualify, the Vice President-elect shall act majority vote of all the Members of both Houses of the Congress, voting
as President until the President-elect shall have qualified. separately.

If a President shall not have been chosen, the Vice President-elect Section 10. The Congress shall, at ten o'clock in the morning of the
shall act as President until a President shall have been chosen and third day after the vacancy in the offices of the President and Vice-President
qualified. occurs, convene in accordance with its rules without need of a call and
within seven days, enact a law calling for a special election to elect a
If at the beginning of the term of the President, the President-elect President and a Vice-President to be held not earlier than forty-five days
shall have died or shall have become permanently disabled, the Vice nor later than sixty days from the time of such call. The bill calling such
President-elect shall become President. special election shall be deemed certified under paragraph 2, Section 26,
Article V1 of this Constitution and shall become law upon its approval on
Where no President and Vice-President shall have been chosen or third reading by the Congress. Appropriations for the special election shall
shall have qualified, or where both shall have died or become permanently be charged against any current appropriations and shall be exempt from the
disabled, the President of the Senate or, in case of his inability, the Speaker requirements of paragraph 4, Section 25, Article V1 of this Constitution.
of the House of Representatives, shall act as President until a President or a The convening of the Congress cannot be suspended nor the special
Vice-President shall have been chosen and qualified. election postponed. No special election shall be called if the vacancy occurs
within eighteen months before the date of the next presidential election.
The Congress shall, by law, provide for the manner in which one who
is to act as President shall be selected until a President or a Vice-President Section 11. Whenever the President transmits to the President of the
shall have qualified, in case of death, permanent disability, or inability of Senate and the Speaker of the House of Representatives his written
the officials mentioned in the next preceding paragraph. declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the contrary,
Section 8. In case of death, permanent disability, removal from office, such powers and duties shall be discharged by the Vice-President as Acting
or resignation of the President, the Vice-President shall become the President.
President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the President and Whenever a majority of all the Members of the Cabinet transmit to the
Vice-President, the President of the Senate or, in case of his inability, the President of the Senate and to the Speaker of the House of Representatives

25
their written declaration that the President is unable to discharge the The spouse and relatives by consanguinity or affinity within the fourth
powers and duties of his office, the Vice-President shall immediately civil degree of the President shall not during his tenure be appointed as
assume the powers and duties of the office as Acting President. Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
Thereafter, when the President transmits to the President of the Senate bureaus or offices, including government-owned or controlled corporations
and to the Speaker of the House of Representatives his written declaration and their subsidiaries.
that no inability exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of the Cabinet Section 14. Appointments extended by an Acting President shall
transmit within five days to the President of the Senate and to the Speaker remain effective, unless revoked by the elected President within ninety days
of the House of Representatives, their written declaration that the President from his assumption or reassumption of office.
is unable to discharge the powers and duties of his office, the Congress
shall decide the issue. For that purpose, the Congress shall convene, if it is Q: Distinguish between appointment and designation.
not in session, within forty-eight hours, in accordance with its rules and A: In Binamira v. Garrucho, Jr., 87 the Supreme Court distinguished
without need of call. between the terms appointment and designation, as follows:
Appointment may be defined as the selection, by the authority
If the Congress, within ten days after receipt of the last written vested with the power, of an individual who is to exercise the
declaration, or, if not in session, within twelve days after it is required to functions of a given office. When completed, usually with its
assemble, determines by a two-thirds vote of both Houses, voting confirmation, the appointment results in security of tenure for the
separately, that the President is unable to discharge the powers and duties person chosen unless he is replaceable at pleasure because of
of his office, the Vice-President shall act as President; otherwise, the the nature of his office. Designation, on the other hand, connotes
President shall continue exercising the powers and duties of his office. merely the imposition by law of additional duties on an incumbent
official, as where, in the case before us, the Secretary of Tourism
Section 12. In case of serious illness of the President, the public shall is designated Chairman of the Board of Directors of the Philippine
be informed of the state of his health. The members of the Cabinet in charge Tourism Authority, or where, under the Constitution, three Justices
of national security and foreign relations and the Chief of Staff of the of the Supreme Court are designated by the Chief Justice to sit in
Armed Forces of the Philippines, shall not be denied access to the President the Electoral Tribunal of the Senate or the House of
during such illness. Representatives. It is said that appointment is essentially
executive while designation is legislative in nature. Designation
Section 13. The President, Vice-Pesident, the Members of the Cabinet, may also be loosely defined as an appointment because it
and their deputies or assistants shall not, unless otherwise provided in this likewise involves the naming of a particular person to a specified
Constitution, hold any other office or employment during their tenure. They public office. That is the common understanding of the
shall not, during said tenure, directly or indirectly practice and ather term. However, where the person is merely designated and not
profession, participate in any business, or be financially interested in any appointed, the implication is that he shall hold the office only
contract with, or in any franchise, or special privilege granted by the in a temporary capacity and may be replaced at will by the
Government or any subdivision, agency or instrumentality thereof, appointing authority. In this sense, the designation is considered
including government-owned or controlled corporations or their only an acting or temporary appointment, which does not
subsidiaries. They shall strictly avoid conflict of interest in the conduct of confer security of tenure on the person named.88
their office.
87
G.R. No. 92008, July 30, 1990, 188 SCRA 154.
88
G.R. No. 92008, July 30, 1990, 188 SCRA 154, 158-159.

26
 Section 15. Two months immediately before the next presidential The President shall have the power to make appointments during the
elections and up to the end of his term, a President or Acting President recess of the Congress, whether voluntary or compulsory, but such
shall not make appointments, except temporary appointments to executive appointments shall be effective only until disapproved by the Commission
positions when continued vacancies therein will prejudice public service or on Appointments or until the next adjournment of the Congress.
endanger public safety.

Q: Is the prohibition against midnight appointments under Section 15 Q: Distinguish ad interim appointments from appointments in an
of Article VII of the Constitution applicable to appointments of acting capacity.
Members of the Supreme Court? A: Ad-interim appointments must be distinguished from appointments
A: The prohibition against the President or Acting President making in an acting capacity. Both of them are effective upon
appointments within two months before the next presidential acceptance. But ad-interim appointments are extended only
elections and up to the end of the President’s or Acting during a recess of Congress, whereas acting appointments may
President’s term does not apply to the Members of the Supreme be extended any time there is a vacancy. Moreover ad-interim
Court.89 appointments are submitted to the Commission on Appointments
for confirmation or rejection; acting appointments are not
Q: Did the framers of the Constitution intend the prohibition against submitted to the Commission on Appointments. Acting
midnight appointments under Section 15 of Article VII of the appointments are a way of temporarily filling important offices but,
Constitution to be applicable to appointments in the Judiciary? if abused, they can also be a way of circumventing the need for
Why? confirmation by the Commission on Appointments.91
A: No. The framers of the Constitution did not need to extend the
prohibition to appointments in the Judiciary, because their Q: May the President appoint department secretaries in an acting
establishment of the JBC and their subjecting the nomination and capacity while Congress is in session?
screening of candidates for judicial positions to the unhurried and A: Yes, the President may appoint department secretaries in an
deliberate prior process of the JBC ensured that there would no acting capacity while Congress is in session. The office of a
longer be midnight appointments to the Judiciary. 90 department secretary may become vacant while Congress is in
session. The essence of an appointment in an acting capacity is
Section 16. The President shall nominate and, with the consent of the its temporary nature. It is a stop-gap measure intended to fill an
Commission on Appointments, appoint the heads of the executive office for a limited time until the appointment of a permanent
departments, ambassadors, other public ministers and consuls, or officers occupant to the office.92
of the armed forces from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this Constitution. He shall Section 17. The President shall have control of all the executive
also appoint all other officers of the Government whose appointments are departments, bureaus, and offices. He shall ensure that the laws be
not otherwise provided for by law, and those whom he may be authorized by faithfully executed.
law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads
of departments, agencies, commissions, or boards. 91
JOAQUIN G. BERNAS, S.J., THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES:
A COMMENTARY 772 (1996) cited in Pimentel v. Ermita, penned by Justice Carpio, G.R. No.
164978, En Banc, 13 October 2005.
89
De Castro v. JBC, G. R. No. 191002, 17 March 2010. 92
See Marohombsar v. Alonto, Jr., G.R. No. 93711, 25 February 1991, 194 SCRA 390, cited in
90
De Castro v. JBC, G. R. No. 191002, 17 March 2010. Pimentel v. Ermita, En Banc, penned by Justice Carpio, G.R. No. 164978, 13 October 2005.

27
Q: What is command responsibility? extraordinary diligence in the investigation of the enforced
A: “Command responsibility,” in its simplest terms, means the disappearance.96
“responsibility of commanders for crimes committed by
subordinate members of the armed forces or other persons Section 18. The President shall be the Commander-in-Chief of all
subject to their control in international wars or domestic conflict.” armed forces of the Philippines and whenever it becomes necessary, he may
In this sense, command responsibility is properly a form of call out such armed forces to prevent or suppress lawless violence, invasion
criminal complicity.93 or rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the
Q: Does the doctrine of command responsibility apply in an amparo privilege of the writ of habeas corpus or place the Philippines or any part
proceeding? thereof under martial law. Within forty-eight hours from the proclamation of
A: The doctrine of command responsibility is not applicable in martial law or the suspension of the privilege of the writ of habeas corpus,
an amparo proceeding but it does not, by any measure, preclude the President shall submit a report in person or in writing to the Congress.
impleading military or police commanders on the ground that the The Congress, voting jointly, by a vote of at least a majority of all its
complained acts in the petition were committed with their direct or Members in regular or special session, may revoke such proclamation or
indirect acquiescence. Commanders may therefore be impleaded suspension, which revocation shall not be set aside by the President. Upon
—not actually on the basis of command responsibility—but rather the initiative of the President, the Congress may, in the same manner, extend
on the ground of their responsibility, or at least accountability. 94 such proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
Q: In relation to an amparo proceeding, what is responsibility? requires it.
A: Responsibility refers to the extent the actors have been
established by substantial evidence to have participated in The Congress, if not in session, shall, within twenty-four hours
whatever way, by action or omission, in an enforced following such proclamation or suspension, convene in accordance with its
disappearance.95 rules without need of a call.

Q: In relation to an amparo proceeding, what is accountability? The Supreme Court may review, in an appropriate proceeding filed by
A: Accountability, on the other hand, refers to the measure of any citizen, the sufficiency of the factual basis of the proclamation of
remedies that should be addressed to those who exhibited martial law or the suspension of the privilege of the writ or the extension
involvement in the enforced disappearance without bringing the thereof, and must promulgate its decision thereon within thirty days from its
level of their complicity to the level of responsibility defined filing.
above; or who are imputed with knowledge relating to the
enforced disappearance and who carry the burden of disclosure; A state of martial law does not suspend the operation of the
or those who carry, but have failed to discharge, the burden of Constitution, nor supplant the functioning of the civil courts or legislative
assemblies, nor authorize the conferment of jurisdiction on military courts
and agencies over civilians where civil courts are able to function, nor
automatically suspend the privilege of the writ.
93
Balao v. Macapagal-Arroyo, G.R. No. 186050, 13 December 2012 citing the opinion of Fr.
Joaquin Bernas in Rubrico v. Macapagal-Arroyo, G.R. No. 183871, 18 February 2010, 613
SCRA 233.
94
Roxas v. Macapagal-Arroyo, G.R. No. 189155, September 7, 2010, 630 SCRA 211, cited in
Balao v. Macapagal-Arroyo, G.R. No. 186050, 13 December 2011.
95 96
Razon, Jr. v. Tagitis, G.R. No. 182498, 3 December 2009, 606 SCRA 598. Razon, Jr. v. Tagitis, G.R. No. 182498, 3 December 2009, 606 SCRA 598.

28
 The suspension of the privilege of the writ shall apply only to persons Q: May a local chief executive exercise the calling out power?
judicially charged for rebellion or offenses inherent in or directly connected A: No, a local chief executive is not endowed with the power to
with invasion. call upon the armed forces at his own bidding. The calling
out power contemplated under the Constitution is exclusive
During the suspension of the privilege of the writ, any person thus to the President.102
arrested or detained shall be judicially charged within three days,
otherwise he shall be released. Q: May a general who has retired from service be proceeded against
for violation of the Articles of War?
Q: For purposes of exercising his calling out power, should the A: Yes, an officer whose name was dropped from the roll of officers
President first make a declaration of a state of rebellion? cannot be considered to be outside the jurisdiction of military
A: For the purpose of exercising the calling out power, the authorities when military justice proceedings were initiated
Constitution does not require the President to make a declaration against him before the termination of his service. Once
of a state of rebellion.97 The only criterion is that “whenever it jurisdiction has been acquired over the officer, it continues until
becomes necessary,” the President may call the armed forces “to his case is terminated.103
prevent or suppress lawless violence, invasion or rebellion.” 98
Nevertheless, it is equally true that Section 18, Article VII does Section 19. Except in cases of impeachment, or as otherwise provided
not expressly prohibit the President from declaring a state of in this Constitution, the President may grant reprieves, commutations, and
rebellion.99 pardons, and remit fines and forfeitures, after conviction by final judgment.

Q: Is the concurrence of (a) actual invasion or rebellion and (b) He shall also have the power to grant amnesty with the concurrence of
public safety required in the exercise of the calling out power of a majority of all the Members of the Congress.
the President?
A: The concurrence of two conditions, namely (a) an actual invasion Section 20. The President may contract or guarantee foreign loans on
or rebellion, and (b) that public safety requires the exercise of behalf of the Republic of the Philippines with the prior concurrence of the
such power are not required in the exercise of the calling out Monetary Board, and subject to such limitations as may be provided by law.
power.100 The Monetary Board shall, within thirty days from the end of every quarter
of the calendar year, submit to the Congress a complete report of its
Q: What are the two (2) requirements needed for the exercise by the decision on applications for loans to be contracted or guaranteed by the
President of the power to declare martial law or suspend of the Government or government-owned and controlled corporations which
privilege of habeas corpus? would have the effect of increasing the foreign debt, and containing other
A: In the exercise of these two powers, the Constitution requires the matters as may be provided by law.
concurrence of two conditions, namely (a) an actual invasion or
rebellion, and (b) that public safety requires the exercise of such Section 21. No treaty or international agreement shall be valid and
powers.101 effective unless concurred in by at least two-thirds of all the Members of the
Senate.
97
Sanlakas v. Reyes, 159085, 3 February 2004. 101
Integrated Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, 338 SCRA
98
Ibid. 81.
99 102
Ibid. Kulayan v. Tan, G.R. No. 187298, July 3, 2012, 675 SCRA 482.
100 103
Integrated Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, 338 SCRA Abadilla v. Ramos, No. L-79173, 7 December 1987, 156 SCRA 92 cited in B/Gen. Gudani
81. v. Chief of Staff, G.R. No. 170165, 15 August 2006.

29
 having behind it the authority of the President, the Senate, and
Q: What is a treaty?104 the people;111 a ratified treaty, unlike an executive agreement,
A: Article 2 of the Vienna Convention on the Law of Treaties defines takes precedence over any prior statutory enactment. 112
a treaty as “an international agreement concluded between states
in written form and governed by international law, whether Q: Does “exchange of notes” fall into the category of inter-
embodied in a single instrument or in two or more related governmental agreements?113
instruments and whatever its particular A: Yes, an “exchange of notes” falls “into the category of inter-
designation.”105 International agreements may be in the form of governmental agreements,”114 which is an internationally accepted
(1) treaties that require legislative concurrence after executive form of international agreement. The United Nations Treaty
ratification; or (2) executive agreements that are similar to Collections (Treaty Reference Guide) defines the term as follows:
treaties, except that they do not require legislative concurrence An “exchange of notes” is a record of a routine agreement, that
and are usually less formal and deal with a narrower range of has many similarities with the private law contract. The
subject matters than treaties.106 Under international law, there is agreement consists of the exchange of two documents, each of
no difference between treaties and executive agreements in the parties being in the possession of the one signed by the
terms of their binding effects on the contracting states representative of the other. Under the usual procedure, the
concerned,107 as long as the negotiating functionaries have accepting State repeats the text of the offering State to record its
remained within their powers.108 Neither, on the domestic sphere, assent. The signatories of the letters may be government
can one be held valid if it violates the Constitution. 109 Authorities Ministers, diplomats or departmental heads. The technique of
are, however, agreed that one is distinct from another for exchange of notes is frequently resorted to, either because of its
accepted reasons apart from the concurrence-requirement speedy procedure, or, sometimes, to avoid the process of
aspect.110 As has been observed by US constitutional scholars, a legislative approval.115 In another perspective, the terms
treaty has greater “dignity” than an executive agreement, “exchange of notes” and “executive agreements” have been used
because its constitutional efficacy is beyond doubt, a treaty interchangeably, exchange of notes being considered a form of
executive agreement that becomes binding through executive
104
Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011. action.116 On the other hand, executive agreements concluded by
105
Executive Order No. 459, dated November 25, 1997, contains a similar definition. the President “sometimes take the form of exchange of notes and
106
B.A. Boczek, INTERNATIONAL LAW: A DICTIONARY 346 (2005). at other times that of more formal documents denominated
107
Bayan v. Zamora, G.R. No. 138587, October 10, 2000, 342 SCRA 2000 citing Richard ‘agreements’ or ‘protocols.’”117
Erickson, “The Making of Executive Agreements by the US Department of Defense,” 13
Boston U. Intl. L. J. 58 (1955); Randall, The Treaty Power, 51 Ohio St. L.J., p. 4; see
also Restatement (Third) of Foreign Relations Law § 301 (1987), which states that “[t]he
terminology used for international agreements is varied. Among the terms used are: treaty, 111
Henkin, FOREIGN AFFAIRS AND THE UNITED STATES CONSTITUTION 224 (2nd
convention, agreement, protocol, covenant, charter, statute, act, declaration, ed., 1996).
concordat, exchange of notes, agreed minute, memorandum of agreement, memorandum of 112
Prof. Edwin Borchard, Treaties and Executive Agreements – Reply, Yale Law Journal, June
understanding, and modus vivendi. Whatever their designation, all agreements have the same
1945; cited in Justice Antonio T. Carpio’s Dissent in Nicolas v. Romulo, G.R. Nos. 175888,
legal status, except as their provisions or the circumstances of their conclusion indicate
176051 & 176222, February 11, 2009, 578 SCRA 438.
otherwise.” (Emphasis supplied.) 113
108 Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011.
Id. at 489; citing 5 Hackworth, DIGEST OF INTERNATIONAL LAW 395; cited 114
in USAFE Veterans Association Inc. v. Treasurer of the Philippines, 105 Phil. 1030, 1037 Harris, CASES AND MATERIALS ON INTERNATIONAL LAW 801 (2004).
115
(1959). Official Website of the UN <http://untreaty.un.org/English/guide.asp.>; cited in Abaya v.
109 Ebdane, G.R. No. 167919, February 14, 2007, 515 SCRA 720.
Reid v. Covert, 354 U.S. 77 S. Ct.1230.
116
110
In the US constitutional system, it is the legal force of treaties and executive agreements on Abaya v. Ebdane.
117
the domestic plane. Id.; citing The Constitutionality of Trade Agreement Acts by Francis Sayre.

30
Q: Who has the power to enter into treaties?118
A: By constitutional fiat and by the nature of his or her office, the ARTICLE VIII
President, as head of state and government, is the sole organ JUDICIAL DEPARTMENT
and authority in the external affairs of the country. 119 The
Constitution vests in the President the power to enter into
international agreements, subject, in appropriate cases, to the Section 1. The judicial power shall be vested in one Supreme Court
required concurrence votes of the Senate. But as earlier and in such lower courts as may be established by law.
indicated, executive agreements may be validly entered into
without such concurrence. As the President wields vast powers Judicial power includes the duty of the courts of justice to settle actual
and influence, her conduct in the external affairs of the nation is, controversies involving rights which are legally demandable and
as Bayan would put it, “executive altogether.” The right of the enforceable, and to determine whether or not there has been a grave abuse
President to enter into or ratify binding executive agreements has of discretion amounting to lack or excess of jurisdiction on the part of any
been confirmed by long practice. 120 In Pimentel, Jr. v. Office of the branch or instrumentality of the Government.
Executive Secretary,121 the Supreme Court stressed that the
power to ratify a treaty, the Statute in that instance, rests with the Q: What is judicial power?
President, subject to the concurrence of the Senate, whose role A: Judicial power includes the duty of the courts of justice to settle
relative to the ratification of a treaty is limited merely to concurring actual controversies involving rights which are legally
in or withholding the ratification. And concomitant with this treaty- demandable and enforceable, and to determine whether or not
making power of the President is his or her prerogative to refuse there has been a grave abuse of discretion amounting to lack or
to submit a treaty to the Senate; or having secured the latter’s excess of jurisdiction on the part of any branch or instrumentality
consent to the ratification of the treaty, refuse to ratify it. 122 This of the Government.124
prerogative, the Court hastened to add in Bayan Muna v. Alberto
Romulo,123 is the President’s alone and cannot be encroached Q: What are the pillars of limitations/requisites of judicial review?
upon via a writ of mandamus. A: The power of judicial review is subject to limitations, to wit: (1)
there must be an actual case or controversy calling for the
Section 22. The President shall submit to the Congress, within thirty exercise of judicial power; (2) the person challenging the act must
days from the opening of every regular session as the basis of the general have the standing to question the validity of the subject act or
appropriations bill, a budget of expenditures and sources of financing, issuance; otherwise stated, he must have a personal and
including receipts from existing and proposed revenue measures. substantial interest in the case such that he has sustained, or will
sustain, direct injury as a result of its enforcement (locus standi);
Section 23. The President shall address the Congress at the opening of (3) the question of constitutionality must be raised at the earliest
its regular session. He may also appear before it at any other time. opportunity; and (4) the issue of constitutionality must be the
very lis mota of the case.125 (Code: ALEL)

118 Q: What do you mean by “actual case or controversy”?126

Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011.
119
Bayan v. Zamora, G.R. No. 138587, October 10, 2000, 342 SCRA 2000. 124
120
Second paragraph of Section 1 of Article VIII of the Constitution.
Id.; citing Commissioner of Customs. 125
121
Senate of the Philippines v. Ermita, G.R. No. 169777, 20 April 2006, 488 SCRA 1, 35;
G.R. No. 158088, July 6, 2005, 462 SCRA 622. and Francisco v. House of Representatives, 460 Phil. 830, 842 (2003) cited in Biraogo v.
122
Id. at 637-638; citing Cruz, INTERNATIONAL LAW 174 (1998). The Philippine Truth Commission, G.R. No. 192935, 7 December 2010.
123 126
G.R. No. 159618, 1 February 2011. Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011.

31
A: An actual case or controversy is a conflict of legal rights, an Q: What are the exceptions to the stringent requirement of the “direct
assertion of opposite legal claims which can be resolved on the injury test”?
basis of existing law and jurisprudence.127 A: The following are the exceptions: taxpayers, voters, concerned
citizens, and legislators may be accorded standing to sue (Code:
Q: When is a case or controversy ripe for adjudication? TVCL), provided that the following requirements are met: (1) the
A: A question is ripe for adjudication when the act being challenged cases involve constitutional issues; (2) for taxpayers, there must
has had a direct adverse effect on the individual challenging it. 128 be a claim of illegal disbursement of public funds or that the tax
For a case to be considered ripe for adjudication, it is a measure is unconstitutional; (3) for voters, there must be a
prerequisite that something had then been accomplished or showing of obvious interest in the validity of the election law in
performed by either branch before a court may come into the question; (4) for concerned citizens, there must be a showing that
picture.129 the issues raised are of transcendental importance which must be
settled early; and (5) for legislators, there must be a claim that the
Q: What does locus standi mean? official action complained of infringes upon their prerogatives as
A: Locus standi means “a right of appearance in a court of justice on legislators.134
a given question.”130 Specifically, it is “a party’s personal and
substantial interest in a case where he has sustained or will Q: What is the requirement for a citizen’s suit to be entertained? 135
sustain direct injury as a result”131 of the act being challenged, A: In Francisco, Jr. v. Nagmamalasakit na mga Manananggol ng mga
and “calls for more than just a generalized grievance.”132 Manggagawang Pilipino, Inc.136 the Supreme Court expounded on
this, thus: When suing as a citizen, the interest of the petitioner
Q: What is the “direct injury test”? assailing the constitutionality of a statute must be direct and
A: In Ex Parte Levitt, later reaffirmed in Tileston v. Ullman, the United personal. He must be able to show, not only that the law or any
States Supreme Court declared that for a private individual to government act is invalid, but also that he sustained or is in
invoke the judicial power to determine the validity of an executive imminent danger of sustaining some direct injury as a result of its
or legislative action, he must show that he has sustained a direct enforcement, and not merely that he suffers thereby in some
injury as a result of that action, and it is not sufficient that he has indefinite way. It must appear that the person complaining has
a general interest common to all members of the public. In been or is about to be denied some right or privilege to which he
People v. Vera, our Supreme Court ruled that person who is lawfully entitled or that he is about to be subjected to some
impugns the validity of a statute must have a personal and burdens or penalties by reason of the statute or act complained
substantial interest in the case such that he has sustained, or will of. In fine, when the proceeding involves the assertion of a public
sustain direct injury as a result.133 right, the mere fact that he is a citizen satisfies the requirement of
personal interest.137
127
Guingona v. Court of Appeals, G.R. No. 125532, 10 July 1998.
128
Guingona, Jr. v. Court of Appeals, 354 Phil. 415, 427-428 (1998).
129
Francisco, Jr. v. House of Representatives, 460 Phil. 830, 901-902 (2003). 134
David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006, 489 SCRA 160, cited in
130
David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006, 489 SCRA 160. Province of North Cotabato et al. v. GRP, G.R. No. 183591, En Banc, 14 October 2008;
131
Jumamil v. Café, G.R. No. 144570, September 21, 2005, 470 SCRA 475; citing Integrated Gunsi, Sr. v. The Honorable Commissioners of Comelec, G.R. No. 168792, En Banc, 23
Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, 338 SCRA 81. February 2009 (580 SCRA 70, 76).
132 135
Ibid. Bayan Muna v. Alberto Romulo, En Banc, G.R. No. 159618, 1 February 2011.
133 136
Cited in Province of North Cotabato et al. v. GRP, G.R. No. 183591, En Banc, 14 October G.R. No. 160261, November 10, 2003, 415 SCRA 45.
137
2008. Id. at 136-137.

32
Q: Senators Pimentel, Angara, Enrile, Ejercito-Estrada, Estrada, pending, Sinsuat was proclaimed winner so that the Comelec
Lacson, Lim, Madrigal, and Osmena are questioning before the second division issued a resolution dismissing the petition as the
Supreme Court the constitutionality of the President’s same had become moot and academic. The proclamation of
appointment of department secretaries in an acting capacity while Sinsuat was, however, later annulled by the Comelec second
Congress is in session. While the other petitioners are members division. It issued a resolution clarifying that its first ruling
of the Commission on Appointments, the following are not: dismissing the petition has become ineffective because Sinsuat’s
Senators Pimentel, Estrada, Lim, and Madrigal. Do Senators proclamation had been annulled. Thereupon it ruled that Gunsi is
Pimentel, Estrada, Lim, and Madrigal have the legal standing to indeed disqualified. Gunsi filed a motion for reconsideration but
question the constitutionality of said appointments? the Comelec en banc denied it. When the case was filed before
A: No, Senators Pimentel, Estrada, Lim, and Madrigal have no legal the Supreme Court, the term of office of Sinsuat, for which
standing to question the constitutionality of said appointments. position Gunsi was declared by Comelec to be disqualified, had
The Commission on Appointments does not legislate when it already expired. May the Supreme Court still exercise
exercises its power to give or withhold consent to presidential jurisdiction?
appointments. Considering the independence of the Commission A: The expiration of term is a supervening event which renders this
on Appointments from Congress, it is error for petitioners to claim case moot and academic. A moot and academic case is one that
standing in the present case as members of Congress. Thus, on ceases to present a justiciable controversy by virtue of
the impairment of the prerogatives of members of the supervening events, so that a declaration thereon would be of no
Commission on Appointments, only Senators Enrile, Lacson, practical value. As a rule, courts decline jurisdiction over such
Angara, Ejercito-Estrada, and Osmeña have standing in the case, or dismiss it on ground of mootness. 141 The rule, however,
petition. This is in contrast to Senators Pimentel, Estrada, Lim, admits of exceptions. Thus, courts may choose to decide cases
and Madrigal, who, though vigilant in protecting their perceived otherwise moot and academic if: first, there is a grave violation of
prerogatives as members of Congress, possess no standing in the Constitution; second, the exceptional character of the
the present petition.138 situation and the paramount public interest is involved; third, the
constitutional issue reaised requires formulation of controlling
Q: What is a moot and academic case?139 principles to guide the bench, the bar and the public; or fourth, the
A: A moot and academic case is one that ceases to present a case is capable of repetition yet evasive of review. 142 None of the
justiciable controversy by virtue of supervening events, so that a foregoing obtains in this case.143
declaration thereon would be of no practical value. Generally,
courts decline jurisdiction over such case, or dismiss it on ground Q: Bautista was appointed Undersecretary of the DOTC and later
of mootness.140 designated as Undersecretary for Maritime Transport. Following
the resignation of the MARINA Administrator, Bautista was
Q: Sinsuat filed a petition for the denial of due course to or designated as Officer-in-Charge of the Office of MARINA
cancellation of the certificate of candidacy of his opponent Gunsi Administrator, in a concurrent capacity as DOTC Undersecretary.
claiming that the latter is disqualified. While the case was still Funa filed a petition challenging the constitutionality of Bautista’s

138
Pimentel v. Ermita, penned by Justice Carpio, G.R. No. 164978, En Banc, 13 October 2005. 141
David v. Macapagal-Arroyo, G.R. No. 171396, 3 May 2006, 489 SCRA 160, cited in
139
Gunsi Sr. v. Commissioners of Comelec, G.R. No. 168792, En Banc, 23 February 2009, 580 Province of North Cotabato et al. v. GRP, G.R. No. 183591, En Banc, 14 October 2008.
SCRA 70, 76; (2) Funa v. Ermita, G.R. No. 184740, En Banc, 11 February 2010, 612 SCRA 142
David v. Macapagal-Arroyo, G.R. Nos. 171396, 171409, 171485, 171483, 171400, 171489,
308. 171424, 3 May 2006, 489 SCRA 160,
140 143
David v. Macapagal-Arroyo, G.R. No. 171396, 3 May 2006, 489 SCRA 160, cited in Gunsi Sr. v. Commissioners of Comelec, G.R. No. 168792, En Banc, 23 February 2009, 580
Province of North Cotabato et al. v. GRP, G.R. No. 183591, En Banc, 14 October 2008. SCRA 70, 76

33
 designation alleging that the President, Vice-President, the President’s appointment or designation of a Department
Members of the Cabinet, and their deputies and assistants are Undersecretary as officer-in-charge of an attached agency will
prohibited by the Constitution from holding any other office or arise in every such appointment.
employment. During the pendency of the petition, Bautista was
appointed MARINA Administrator. May the court still entertain the Q: After more than three years from the first time the “Hello Garci”
issue considering that the case has become moot and academic tapes were played, former Comelec Commissioner Garcillano
because of the appointment of Bautista as MARINA Administrator implores from the Supreme Court the issuance of an injunctive
and her relinquishment of her post as DOTC Undersecretary for writ to prohibit the respondent House Committees from playing
Maritime Transport? the tape recordings and from including the same in their
A: A moot and academic case is one that ceases to present a committee report. He likewise prays that the said tapes be
justiciable controversy by virtue of supervening events, so that a stricken off the records of the House proceedings. May an
declaration thereon would be of no practical use or value. injunctive writ be issued?
Generally, courts decline jurisdiction over such case, or dismiss it A: No. It must be noted that the recordings were already played in
on ground of mootness.144 However, the Supreme Court held in the House and heard by its members. There is also the widely
Public Interest Center, Inc. v. Elma 145 that supervening events, publicized fact that the committee reports on the “Hello Garci”
whether intended or accidental, cannot prevent the Court from inquiry were completed and submitted to the House in plenary by
rendering a decision if there is a grave violation of the the respondent committees. Having been overtaken by these
Constitution. Even in cases where supervening events had made events, the Garcillano petition has to be dismissed for being moot
the cases moot, the Court did not hesitate to resolve the legal or and academic. After all, prohibition is a preventive remedy to
constitutional issues raised to formulate controlling principles to restrain the doing of an act about to be done, and not intended to
guide the bench, bar, and public. 146 As a rule, the writ of provide a remedy for an act already accomplished.148
prohibition will not lie to enjoin acts already done. However, as
an exception to the rule on mootness, courts will decide a Q: Ordinarily, when the case has become moot and academic there
question otherwise moot if it is capable or repetition yet evading is no more actual case or controversy. What are the exceptions
review.147 In the present case, the mootness of the petition does to the “moot and academic” principle?
not bar its resolution. The question of the constitutionality of the A: In David v. Macapagal-Arroyo,149 the Court held that the “moot and
academic” principle not being a magical formula that
144
David v. Macapagal-Arroyo, G.R. No. 171396, 3 May 2006, 489 SCRA 160, citing automatically dissuades courts in resolving a case, it will decide
Province of Batangas v. Romulo, G.R. No. 152774, 27 May 2004, 429 SCRA 736; Banco cases, otherwise moot and academic, if it finds that (1) there is a
Filipino Savings and Mortgage Bank v. Tuazon, Jr., G.R. No. 132795, 10 March 2004, 425 grave violation of the Constitution; 150 (2) the situation is of
SCRA 129; Vda. de Dabao v. Court of Appeals, G.R. No. 116526, 23 March 2004, 426
SCRA 91; Paloma v. Court of Appeals, G.R. No. 145431, 11 November 2003, 415 SCRA exceptional character and paramount public interest is involved; 151
590; Royal Cargo Corporation v. Civil Aeronautics Board, G.R. Nos. 103055-56, 26 January (3) the constitutional issue raised requires formulation of
2004, 421 SCRA 21; and Lacson v. Perez, G.R. No. 147780, 10 May 2001, 357 SCRA 756. controlling principles to guide the bench, the bar, and the
145
G.R. No. 138965, 30 June 2006, 494 SCRA 756. public;152 and (4) the case is capable of repetition yet evading
146
Public Interest Center, Inc. v. Elma, G.R. No. 138965, 30 June 2006, 494 SCRA 756 citing
148
Province of Batangas v. Romulo, G.R. No. 152774, 27 May 2004, 429 SCRA 736, 757; and Garcillano v. House of Representatives Committee on Public Information et al., En Banc,
Chavez v. Public Estates Authority, 433 Phil. 506, 522; 384 SCRA 152, 177 (2002). G.R. No. 170338, 23 December 2008.
147
Pimentel, Jr. v. Ermita, G.R. No. 164978, 13 October 2005, 472 SCRA 587, 593, citing 149
G.R. No. 171396, 3 May 2006, 489 SCRA 160.
Tolentino v. Comelec, G.R. No. 148334, 21 January 2004, 420 SCRA 438; Gil v. Benipayo, 150
Province of Batangas v. Romulo, G.R. No. 152774, 27 May 2004, 429 SCRA 736.
G.R. No. 148179, 26 June 2001 (Unsigned Resolution) ; Chief Supt. Acop v. Secretary 151
Guingona, Jr., 433 Phil. 62; 383 SCRA 577 (2002), Viola v. Hon. Alunan III, 342 Phil. 184; Lacson v. Perez, 410 Phil. 78 (2001).
152
277 SCRA 409 (1997) and Alunan III v. Mirasol, 342 Phil. 467; 276 SCRA 501 (1997). Province of Batangas v. Romulo, G.R. No. 152774, 27 May 2004, 429 SCRA 736.

34
 review.153 Another exclusionary circumstance that may be State or political organization’s refusal to acknowledge or
considered is where there is a voluntary cessation of the activity give information on the fate or whereabouts of the person
complained of by the defendant or doer. Thus, once a suit is filed subject of the amparo petition; and (4) that the intention for
and the doer voluntarily ceases the challenged conduct, it does such refusal is to remove subject person from the protection
not automatically deprive the tribunal of power to hear and of the law for a prolonged period of time.157
determine the case and does not render the case moot especially
when the plaintiff seeks damages or prays for injunctive relief
against the possible recurrence of the violation.154 (Code: GEFC) Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Q: What are political questions? Supreme Court of its jurisdiction over cases enumerated in Section 5
A: Political questions refer to those questions which, under the hereof.
Constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has No law shall be passed reorganizing the Judiciary when it undermines
been delegated to the legislative or executive branch of the the security of tenure of its Members.
government. It is concerned with issues dependent upon the
wisdom, not legality of a particular measure.155 Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations
for the Judiciary may not be reduced by the legislature below the amount
Q: What is the Rule on the Writ of Amparo? appropriated for the previous year and, after approval, shall be
A: The Rule on the Writ of Amparo was promulgated to arrest automatically and regularly released.
the rampant extralegal killings and enforced disappearances
in the country. Its purpose is to provide an expeditious and Section 4. (1) The Supreme Court shall be composed of a Chief Justice
effective relief “to any person whose right to life, liberty and and fourteen Associate Justices. It may sit en banc or in its discretion, in
security is violated or threatened with violation by an division of three, five, or seven Members. Any vacancy shall be filled within
unlawful act or omission of a public official or employee, or ninety days from the occurrence thereof.
of a private individual or entity.”156
(2) All cases involving the constitutionality of a treaty, international or
Q: What are the elements of enforced disappearances? executive agreement, or law, which shall be heard by the Supreme Court en
A: The following are the elements of enforced disappearances banc, and all other cases which under the Rules of Court are required to be
AARR: (1) that there be an arrest, detention, abduction or heard en banc, including those involving the constitutionality, application,
any form of deprivation of liberty; (2) that it be carried out by, or operation of presidential decrees, proclamations, orders, instructions,
or with the authorization, support or acquiescence of, the ordinances, and other regulations, shall be decided with the concurrence of
State or a political organization; (3) that it be followed by the a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon.
153
Albaña v. Comelec, 478 Phil. 941 (2004); Chief Supt. Acop v. Guingona Jr., 433 Phil. 62
(2002); SANLAKAS v. Executive Secretary Reyes, 466 Phil. 482 (2004). (3) Cases or matters heard by a division shall be decided or resolved
154
US v. W.T. Grant Co., 345 U.S. 629 (1953); US v. Trans-Missouri Freight Assn, 166 U.S. with the concurrence of a majority of the Members who actually took part
290, 308-310 (1897); Walling v. Helmerich & Payne, Inc., 323 U.S. 37, 43 (1944); Gray v. in the deliberations on the issues in the case and voted thereon, and in no
Sanders, 372 U.S. 368, 376 (1963); Defunis v. Odegaard, 416 U.S. 312 (1974). case without the concurrence of at least three of such Members. When the
155
Tanada v. Cuenco, 103 Phil 1051, 1068 (1957), cited in Estrada v. Desierto, G.R. No. required number is not obtained, the case shall be decided en banc:
146710-15, En Banc, March 2, 2001.
156 157
Navia v. Pardico, G.R. No. 184467, June 19, 2012, 673 SCRA 618. Navia v. Pardico, G.R. No. 184467, June 19, 2012, 673 SCRA 618.

35
Provided, that no doctrine or principle of law laid down by the court in a (5) Promulgate rules concerning the protection and enforcement of
decision rendered en banc or in division may be modified or reversed constitutional rights, pleading, practice, and procedure in all courts, the
except by the court sitting en banc. admission to the practice of law, the integrated bar, and legal assistance to
the under-privileged. Such rules shall provide a simplified and inexpensive
Section 5. The Supreme Court shall have the following powers: procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
(1) Exercise original jurisdiction over cases affecting ambassadors, rights. Rules of procedure of special courts and quasi-judicial bodies shall
other public ministers and consuls, and over petitions for certiorari, remain effective unless disapproved by the Supreme Court.
prohibition, mandamus, quo warranto, and habeas corpus.
(6) Appoint all officials and employees of the Judiciary in accordance
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, with the Civil Service Law.
as the law or the Rules of Court may provide, final judgments and orders of
lower courts in: Section 6. The Supreme Court shall have administrative supervision
over all courts and the personnel thereof.

(a) All cases in which the constitutionality or validity of Section 7. (1) No person shall be appointed Member of the Supreme
any treaty, international or executive agreement, law, Court or any lower collegiate court unless he is a natural-born citizen of
presidential decree, proclamation, order, instruction, the Philippines. A Member of the Supreme Court must be at least forty
ordinance, or regulation is in question. years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation (2) The Congress shall prescribe the qualifications of judges of lower
thereto. courts, but no person may be appointed judge thereof unless he is a citizen
of the Philippines and a member of the Philippine Bar.
(c) All cases in which the jurisdiction of any lower
court is in issue (3) A Member of the Judiciary must be a person of proven
. competence, integrity, probity, and independence.
(d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher. Section 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex
(e) All cases in which only an error or question of law officio Chairman, the Secretary of Justice, and a representative of the
is involved. Congress as ex officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a
(3) Assign temporarily judges of lower courts to other stations as representative of the private sector.
public interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned. (2) The regular members of the Council shall be appointed by the
President for a term of four years with the consent of the Commission on
(4) Order a change of venue or place of trial to avoid a miscarriage of Appointments. Of the Members first appointed, the representative of the
justice. Integrated Bar shall serve for four years, the professor of law for three

36
years, the retired Justice for two years, and the representative of the private Section 13. The conclusions of the Supreme Court in any case
sector for one year. submitted to it for the decision en banc or in division shall be reached in
consultation before the case the case assigned to a Member for the writing
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of of the opinion of the Court. A certification to this effect signed by the Chief
the Council and shall keep a record of its proceedings. Justice shall be issued and a copy thereof attached to the record of the case
and served upon the parties. Any Member who took no part, or dissented,
(4) The regular Members of the Council shall receive such or abstained from a decision or resolution must state the reason therefor.
emoluments as may be determined by the Supreme Court. The Supreme The same requirements shall be observed by all lower collegiate court.
Court shall provide in its annual budget the appropriations for the Council.
Section 14. No decision shall be rendered by any court without
(5) The Council shall have the principal function of recommending expressing therein clearly and distinctly the facts and the law on which it is
appointees to the judiciary. It may exercise such other functions and duties based.
as the Supreme Court may assign to it.
No petition for review or motion for reconsideration of a decision of
Section 9. The Members of the Supreme Court and judges of lower the court shall be refused due course or denied without stating the legal
courts shall be appointed by the President from a list of at least three basis therefor.
nominees preferred by the Judicial and Bar Council for every vacancy.
Such appointments need no confirmation. Section 15. (1) All cases or matters filed after the effectivity of this
Constitution must be decided or resolved within twenty-four months from
For the lower courts, the President shall issued the appointment date of submission for the Supreme Court, and, unless reduced by the
within ninety days from the submission of the list. Supreme Court, twelve months for all lower collegiate courts, and three
months for all other lower courts.
Section 10. The salary of the Chief Justice and of the Associate
Justices of the Supreme Court, and of judges of lower courts shall be fixed (2) A case or matter shall be deemed submitted for decision or
by law. During the continuance in office, their salary shall not be resolution upon the filing of the last pleading, brief, or memorandum
decreased. required by the Rules of Court or by the court itself.

Section 11. The Members of the Supreme Court and judges of the (3) Upon the expiration of the corresponding period, a certification to
lower court shall hold office during good behavior until they reach the age this effect signed by the Chief Justice or the presiding judge shall forthwith
of seventy years or become incapacitated to discharge the duties of their be issued and a copy thereof attached to the record of the case or matter,
office. The Supreme Court en banc shall have the power to discipline judges and served upon the parties. The certification shall state why a decision or
of lower courts, or order their dismissal by a vote of majority of the resolution has not been rendered or issued within said period.
Members who actually took part in the deliberations on the issues in the
case and voted in thereon. (4) Despite the expiration of the applicable mandatory period, the
court, without prejudice to such responsibility as may have been incurred in
Section 12. The Members of the Supreme Court and of other courts consequence thereof, shall decide or resolve the case or matter submitted
established by law shall not be designated to any agency performing quasi- thereto for determination, without further delay.
judicial or administrative function.
Section 16. The Supreme Court shall, within thirty days from the
opening of each regular session of the Congress, submit to the President

37
and the Congress an annual report on the operations and activities of the (4) In case the verified complaint or resolution of impeachment is filed
Judiciary. by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS (5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.

Section 1. Public office is a public trust. Public officers and employees Q: What does the term “initiate” mean?158
must, at all times, be accountable to the people, serve them with utmost A: In Francisco v. House of Representatives, 159 the Supreme Court
responsibility, integrity, loyalty, and efficiency; act with patriotism and declared that the term “initiate” means to file the
justice, and lead modest lives. complaint and take initial action on it. The initiation starts with the
filing of the complaint which must be accompanied with an action
Section 2. The President, the Vice-President, the Members of the to set the complaint moving. It refers to the filing of the
Supreme Court, the Members of the Constitutional Commissions, and the impeachment complaint coupled with Congress’ taking initial
Ombudsman may be removed from office on impeachment for, and action of said complaint. The initial action taken by the House on
conviction of, culpable violation of the Constitution, treason, bribery, graft the complaint is the referral of the complaint to the Committee on
and corruption, other high crimes, or betrayal of public trust. All other Justice.
public officers and employees may be removed from office as provided by
law, but not by impeachment. (6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath
Section 3. (1) The House of Representatives shall have the exclusive or affirmation. When the President of the Philippines is on trial, the Chief
power to initiate all cases of impeachment. Justice of the Supreme Court shall preside, but shall not vote. No person
shall be convicted without the concurrence of two-thirds of all the Members
(2) A verified complaint for impeachment may be filed by any Member of the Senate.
of the House of Representatives or by any citizen upon a resolution or
endorsement by any Member thereof, which shall be included in the Order (7) Judgment in cases of impeachment shall not extend further than
of Business within ten session days, and referred to the proper Committee removal from office and disqualification to hold any office under the
within three session days thereafter. The Committee, after hearing, and by a Republic of the Philippines, but the party convicted shall nevertheless be
majority vote of all its Members, shall submit its report to the House within liable and subject to prosecution, trial, and punishment, according to law.
sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the (8) The Congress shall promulgate its rules on impeachment to
House within ten session days from receipt thereof. effectively carry out the purpose of this section.

(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The
vote of each Member shall be recorded. 158
Gutierrez v. House of Representatives Committee on Justice, En Banc, G.R. No. 193459, 15
February 2011.
159
Francisco v. House of Representatives, 460 Phil. 830, 927 (2003).

38
Q: Must the rules on impeachment be published?160
A: Not necessarily. “Promulgation” must thus be used in the
context in which it is generally understood—that is, to make
known. Generalia verba sunt generaliter inteligencia. What is
generally spoken shall be generally understood. Between the
restricted sense and the general meaning of a word, the general
must prevail unless it was clearly intended that the restricted
sense was to be used.161 Since the Constitutional Commission did
not restrict “promulgation” to “publication,” the former should be
understood to have been used in its general sense. It is within
the discretion of Congress to determine on how to promulgate its
Impeachment Rules, in much the same way that the Judiciary is
permitted to determine that to promulgate a decision means to
deliver the decision to the clerk of court for filing and
publication. It is not for the Supreme Court to tell a co-equal
branch of government how to promulgate when the Constitution
itself has not prescribed a specific method of promulgation. The
Supreme Court is in no position to dictate a mode of
promulgation beyond the dictates of the Constitution. Had
the Constitution intended to have the Impeachment Rules
published, it could have stated so as categorically as it did in the
case of the rules of procedure in legislative inquiries,
per Neri. Other than “promulgate,” there is no other single formal
term in the English language to appropriately refer to an issuance
without need of it being published.

160
Gutierrez v. House of Representatives Committee on Justice, En Banc, G.R. No. 193459, 15
February 2011.
161
Marcos v. Chief of Staff, AFP, 89 Phil. 239 (1951).

39
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