Political-Law-Review-Constitutional-Law-I-Prof.Loanzon.pptx

Political Law
(Constitutional Law I)
by Victoria V. Loanzon
A Review of Significant Provisions of the 1987 Constitution,
Concepts and Principles of Law relevant to the Appreciation
of Selected Provisions of the Constitution and Doctrinal
Rulings of the Supreme Court

Preliminaries
Definition of the Constitution: The Constitution
is “that body of rules and maxims in accordance
with which the powers of sovereignty are
habitually exercised.” (Constitutional Limitations,
Judge Cooley)
Parts of the Constitution
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty

Preliminaries
Interpreting the Provisions of the Constitution
1. Verba legis - Wherever possible, the words used in
the Constitution should be given their ordinary
meaning except where technical terms are employed;
and second, where there is ambiguity.
2. Ratio legis est anima - The words of the Constitution
should be interpreted in accordance with the intent of
its framers.
3. Ut magis valeat quam pereat - The Constitution
must be interpreted as a whole.

Preliminaries
Self-Executing and Non-Self-Executing Provisions -
A provision which lays down a general principle,
such as those found in Article II of the 1987
Constitution, is usually not self-executing.
But a provision which is complete in itself and
becomes operative without the aid of supplementary
or enabling legislation, or that which supplies
sufficient rule by means of which the right it grants
may be enjoyed or protected, is self-executing.
(Manila Prince Hotel v. GSIS, 267 SCRA 408, 437)

Declaration of Principles and
State Policies (Article II)
Section 1 – The Philippines is a democratic and
republican state.
As a state, the Philippines has a presidential form of
government. By direct mandate of the people, the
President, the Vice President, the members of Congress
and elective local government officials are charged with
the operations of government in their respective spheres
of responsibility .
The same section provides that sovereignty resides in
the people and all governmental authority emanates
from them. The exercise of suffrage is the best way to
express the sovereign will of the people.

Section 2 – The Philippines adopts the generally accepted
principles of international law as part of the law of the land.
Pangilinan v. Sec. Cayetano, Leonen, J. (March 16, 2021) - By
transformation, the Philippines became a member of the
International Criminal Court. On March 15, 2018, the
Philippines announced its withdrawal from the
International Criminal Court. On March 16, 2018, it formally
submitted its Notice of Withdrawal through a Note Verbale
to the U.N. Secretary-General's Chef de Cabinet. The
Secretary General received this communication the
following day, March 17, 2018. Through these actions, the
Philippines completed the requisite acts of withdrawal. This
was all consistent and in compliance with what the Rome
Statute plainly requires.

Section 3 –Civilian authority is supreme over the
military.
Ocampo v. Enriquez, (August 08, 2017), Peralta, J. -
AFP Regulations G 161-375 was issued by order of
the DND Secretary, who, as the alter ego of the
President, has supervision and control over the
Armed Forces of the Philippines (AFP) and the
PVAO. PVAO is tasked to administer, develop and
maintain military shrines such as the LNMB. The
President is the chief executor of the laws and may
in his discretion when allowed by law may exercise
his judgment.

Section 4 – The prime duty of the government is to serve and
protect the people.
Lagman v. Executive Secretary (February 2019), Carandang J.:
On July 4, 2017, the Court found sufficient factual bases for the
issuance of Proclamation No. 216 and declared it constitutional.
This is the third petition challenging the extension of the
declaration of martial law and suspending the writ of habeas
corpus in Mindanao. The sufficiency of the factual basis for the
extension of martial law in Mindanao must be determined from
the facts and information contained in the President's request,
supported by reports submitted by his alter egos to Congress.
These are the bases upon which Congress granted the
extension. The Court's review is confined to the sufficiency and
reasonableness thereof. It concluded that public safety requires
the extension of martial law and the suspension of the writ of
habeas corpus in Mindanao.

Section 5 – General Welfare Clause
Zabal v. President Duterte (February 12, 2019), Del
Castillo, J.: Proclamation No. 475 must be upheld for
being in the nature of a valid police power measure.
Police power has been defined as the 'state authority
to enact legislation that may interfere with personal
liberty or property in order to promote general
welfare.“
As defined, it consists of imposition or restraint
upon liberty or property in order to foster the
common good.

Section 6 – Separation of Church and State
Peralta v. Philippine Postal Corporation (December 4,
2018), Tijam, J.: The printing of the commemorative
stamp by the Philpost in connection with centennial
celebration of the INC does not violate both the
principle of separation of church and state and the
non-establishment clause.
In a number of cases, the Court has upheld the
broadest exercise of religious freedom without
infringing the non-establishment clause. Benevolent
neutrality recognizes the religious nature of the
Filipino people and the elevating influence of
religion in society; at the same time, it acknowledges
that government must pursue its secular goals.

Section 6 – Separation of Church and State
In Lemon vs. Kurtzman, the U. S. Supreme Court in
issues involving the determination of non-
establishment of religion clause has adopted a three-
pronged test. The three-pronged test to adjudge
whether the assailed governmental act violated the
First Amendment, as follows:
1. The statute must have a secular legislative
purpose;
2. Its principal or primary effect must be one that
neither advances nor inhibits religion; and,
3. The statute must not foster "an excessive
government entanglement with religion."

Section 16 – Public Trust Doctrine
Maynilad v. Secretary of Environment and Natural
Resources (Aug 06, 2019 ), Hernando, J: Under the
Public Trust doctrine, the people have a collective
responsibility to preserve water resources and
improve sanitation facilities for future generations.
Water is not a mere commodity for sale and
consumption but a natural asset to be protected and
conserved. Sanitation is its corollary constant, as a
poor state of sewerage systems is one of the pillars of
people's miseries. a collective responsibility to
preserve water resources and improve sanitation
facilities for future generations.
The provisions of the Clean Water Act on the five-
year period to connect the existing sewage lines, are
mandatory.

National Territory
Scope of Philippine Archipelago
(Article I, 1987 Constitution)
1. All the islands and waters embraced
therein; and
2. all other territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its
terrestrial, fluvial and aerial domains,
including its territorial sea, the
seabed, the subsoil, the insular
shelves, and other submarine areas.

National Territory
SCOPE OF INTERNAL WATERS OF THE
PHILIPPINES
The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and
dimensions, form part of the internal
waters of the Philippines. (Article 1, 1987
Constitution)
This is also known as the archipelagic
waters of the Philippines.
Net effect: Internal waters = Archipelagic
waters

National Territory
Republic v. Province of Palawan (Dec 04, 2018), Tijam,
J. - The Provincial Government of Palawan asserted its
claim of forty percent (40%) of the National
Government's share in the proceeds of the Malayampaya
–Camago Natural Gas Project. It argued that since the
reservoir is located within its territorial jurisdiction, it is
entitled to said share under Section 290 of the Local
Government Code. The National Government disputed
the claim arguing that since the gas fields were
approximately 80 k.ms from Palawan's coastline [15 km
limit], they are outside the territorial jurisdiction of the
province and is within the national territory of the
Philippines.
The Court sustained the national government’s claim.

National Territory
CONSTITUTIONALITY OF THE PHILIPPINE
BASELINES LAW (R.A. 9522)
Nature of the law: R.A. 9522 is a statutory tool to
demarcate the country’s maritime zones and the
extended continental shelf under UNCLOS III.
The law does not define the national territory and it
does not delineate the Philippine territory when it
redefined its baselines pursuant to UNCLOS.
(Magallona v. Ermita, G.R. 187167, Aug.16, 2011,
Carpio, J.)

National Territory
Philippine Baselines Law (R.A. 9522)
and UNCLOS
Nature of UNCLOS: UNCLOS III has nothing to
do with the acquisition (or loss) of territory.
Purpose of UNCLOS: It is a multilateral treaty
regulating, among others, sea-use rights over
maritime zones and continental shelves that
UNCLOS III delimits. (Magallona v. Ermita,
Ibid.)

National Territory and UNCLOS
Maritime Zones under UNCLOS
(1) Internal waters include the waters in bays,
rivers and lakes.
No right of innocent passage for foreign vessels
exists in the case of internal waters. (Harris, Cases
and Materials on International Law, 5th ed., 1998, p.
407).
(2) Territorial sea extends up to twelve nautical
miles from the baseline.

(3) Contiguous zone extends up to twenty- four
nautical miles from the baseline.
Rights over the contiguous zone
State exercises control to prevent infringement of
its customs, fiscal, immigration or sanitary laws
and regulations within the territory or territorial
sea. (Article 33 of UNCLOS)

(4). Exclusive Economic Zone extends up to
200 nautical miles from the baselines of a
state.
(5). Extended Continental Shelf shall not
exceed 350 nautical miles from the baselines
from which the breadth of the territorial sea is
measured.

Philippine Claim Against China – Ruling of the
Permanent Court on Arbitration
1. Mischief Reef, Thomas Shoal and Subi Reef are low
tide elevations that do not generate entitlement to any
maritime regime and do not have features that are
capable of appropriation by occupation.
2. Scarborough Shoal is a rock based on Article 121 of
the UNCLOS. It is not capable of human habitation but
may form part of a maritime regime.

Philippine Claim Against China
3. China has caused devastating and long- lasting
damage to the marine environment.
4. China has unlawfully prevented Filipino
fishermen from engaging traditional fishing at
Scarborough Shoal.
5. There is no pronouncement as to damages because
UNCLOS does not include artificially formed islands
and rocks.

Rights under UNCLOS
Customary rights which are enjoyed
consistent with the provisions under UNCLOS
-
1. Right of Innocent Passage
2. Freedom of Navigation
3. Freedom of Overflight
4. Right of Archipelagic Sea Lanes Passage
(Designation of an international sea lane)

Basic Concepts
Supremacy of the Constitution – All subordinate
legislations and other issuances must conform
with the provisions of the Constitution.
Political Question Doctrine – The Constitution
has reserved certain prerogatives to specific
organs of the government.

Basic Concepts
Transcendental Importance Doctrine
– There are instances when
constitutional issues are raised
directly to the Supreme Court where
it relaxes procedural matters like
legal standing or strict application of
the hierarchy of courts doctrine.

Relevant Cases on Supremacy of
the Constitution, Political Question Doctrine
and Transcendental Importance Doctrine
Manila Prince Hotel v. GSIS, Bellosillo, J. (1997) –
The provisions of the Constitution are deemed
written in laws and contracts.
Marcos v. Manglapus, Cortes, J. (1989) –
Separation of power dictates that each
department has exclusive powers. The
Court upheld the government ban on the return
of the Marcos family. It ruled that the president
has the power to impose such a ban and that she
did not act arbitrarily or with grave abuse of
discretion.
Araneta v. Hon. Dinglasan, Tuason, J. (1949)-
The transcendental importance to the public of
the cases demands that they be settled promptly
and definitely, brushing aside technicalities of
procedure, if needed.

Relevant Cases on Constitutional Supremacy
Chavez v. JBC (G.R. NO. 202242 , April 16,
2013) – Congress is entitled only to one
representative in the JBC.
Aguinaldo et al. v. Pres. Aquino (G.R. No.
224302, February 21, 2017) –The JBC
rules on clustering cannot prevail over the
appointing powers of the President.
Judge Caoibes v. Ombudsman and Judge
Alumbres (G.R. No. 132177 July 19,
2001) - The power to discipline judges is
vested in the Supreme Court. (Section 11,
Article VIII)

Basic Concepts
Separation of Powers - The separation of
powers is a fundamental principle in the
Philippine system of government. It
obtains not through express provision but
by actual division in the Constitution. Each
department of the government has
exclusive cognizance of matters within its
jurisdiction and is supreme within its own
sphere. (Angara v. Electoral Commission,
63 Phil. 139, 156)

Basic Doctrines and Principles
Separation of Powers
Legislative Branch: power to propose, enact,
amend and repeal laws.
Executive Branch: power to enforce or implement
laws
Judicial Branch: power to apply/interpret laws
Reminders: There is no judicial legislation.
The functions of judicial review are limited to
legitimizing and checking acts of other branches
and instrumentalities of government and in
appropriate cases, the function may be
instructional or symbolic. In some instances, the
Court may exercise restraint.

Relevant Cases
Belgica v. Ochoa, Perlas-Bernabe, J. (2013)
- The Congress enacts the General
Appropriations Act but must not have any
post-enactment participation.
Estipona v. Lobrigo, Peralta, J. (2015) –
Section 23 of Republic Act No. 9165
providing for plea bargaining is
unconstitutional for being contrary to the
rule-making authority of the Supreme
Court under Section 5(5), Article VIII of
the 1987 Constitution.

Relevant Case
Ople v. Torres, Puno, J. (1998) - An
administrative order is an ordinance
issued by the President which relates to
specific aspects in the administrative
operation of government. It must be in
harmony with the law and should be for
the sole purpose of implementing the law
and carrying out the legislative policy.
A.O. No. 308 does not implement the
legislative policy of the Administrative
Code of 1987. It cannot pass
constitutional muster as an
administrative legislation because facially
it violates the right to privacy.

Separation of Powers
“It is the duty of the Judicial Department to say
what the law is. Where necessary courts
expound and interpret the rule. If two laws
conflict with each other, the Court must decide
on the operation of each.
If courts are to regard the Constitution, and the
Constitution is superior to any ordinary act of
the legislature, the Constitution, and not such
ordinary act, must govern the case to which
they both apply.” (Marbury v. Madison, 5 US 1
Cranch 137 137 [1803])

Separation of Powers: President’s Prerogative
over Diplomatic Matters
“The Court cannot interfere with or question the
wisdom of the conduct of foreign relations by the
Executive Department. Accordingly, the Court
cannot direct the Executive Department, either
by writ of certiorari or injunction, to conduct our
foreign relations with Japan in a certain manner.”
(Vinuya et al. v. Sec. Romulo, 732 SCRA 595, G.R.
No. 162230 August 12, 2014)

Power of Congress to enact laws
The Court said that as soon as the General
Appropriations Act is approved, Congress cannot
have any post enactment participation. It was
thus an error for the members of Congress to
request allocation of funds from the Office of the
President to implement projects in their
congressional districts. (Belgica et al. v. Ochoa,
G.R.No.208566, November 19, 2013)

Principle of Blending of Powers
This principle refers to an instance when powers are
not confined exclusively within one department but
are assigned to or shared by several departments.
Appointing Powers of the President –
Confirmation of the Commission on Appointments –
Section 16 of Article VII
Section 18 of Article VI
Shortlist of Nominees from the JBC
Sections 4 and 9 of Article VIII

Principle of Blending of Powers
Opening of Session/Budget Process
President to address Congress during the opening of its
regular session
Submission of Budget Proposal by the executive branch to
Congress as basis of G.A.A.
Section15, Article VI – opening of regular session on the
4th Monday of July
Section 23, Article VII – The President to address
Congress at the opening of its regular session
Grant of Amnesty by the President
Congress must concur with a vote of majority of all
members.
Concurrence to a Treaty
Senate must concur with a vote of 2/3 of all its members.

Basic Concepts
Check and Balances – This is a system that allows each
branch of a government to amend or veto acts of
another branch so as to prevent any one branch from
exerting too much power.
Examples –
1. The Congress, voting separately, by a vote of at least a
majority of all the members, in regular or special
session, may revoke such proclamation or suspension,
as the case maybe (Sec. 18, Art. VII).
Reminder – Padilla et al v. Congress

Basic Concepts
Check and Balances –
2. The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the
extension thereof. The Supreme Court must
promulgate its decision within thirty days from the
date of filing of the petition. [Lagman v. Medialdea]
3. The President may exercise veto powers on laws
enacted by Congress.
4. The Supreme Court may exercise the power of
judicial review to determine if there has been grave
abuse of discretion of a branch of government or an
instrumentality thereof.

Basic Concepts
State Immunity
The Constitution declares, rather superfluously, that the
State may not be sued without its consent. This
provision is merely a recognition of the sovereign
character of the State and an express affirmation of the
unwritten rule insulating it from the jurisdiction of the
courts of justice. (Cruz, Philippine Political Law, 1993
edition, p. 29)
The doctrine is sometimes called as the “royal
prerogative of dishonesty.” (Id., p. 33)

Basic Concepts
State Immunity
To Justice Holmes, the doctrine of non-suability is
based not any formal conception or obsolete theory
but on the logical and practical ground that there can
be no legal right against the authority which makes
the law on which the right depends. Another
justification is the practical consideration that the
demands and the inconveniences of litigation will
divert the time and resources of the State from the
more pressing matters demanding its attention, to
the prejudice of the public welfare. (Id.)

Basic Concepts
State Immunity
The suit is against the State
(a) when the Republic is sued by name;
(b) when the suit is against an unincorporated
government agency; and
(c) when the suit is on its face against a
government officer but the case is such that
ultimately liability will belong not the officer but
to the government.
In all these instances, suability depends on
whether the State has consented to be sued.

Basic Concepts
State Immunity
The consent of the State to be sued may be given expressly or
impliedly. There is an express consent when there is a law
expressly granting authority to sue the State or any of its
agencies. There is implied consent: (1) When the state enters
into a private contract, unless the contract is merely
incidental to the performance of a governmental function
(Santos v. Santos, 92 Phil. 281); (2) When the state enters
into an operation that is essentially a business operation,
unless the business operation is merely incidental to the
performance of a governmental function, as for instance,
arrastre service (Mobil Philippines v. Customs Arrastre
Service, 18 SCRA 1120); and (3) When a state sues a private
party, unless the suit is entered into only to resist a claim
(Lim v. Brownell, 107 Phil. 344).

Basic Concepts
State Immunity
Non-suability principle cannot be a shield for
injustice. The doctrine of governmental immunity
from suit cannot serve as an instrument for
perpetrating an injustice on a citizen. (Ministerio v.
Court of First Instance, 40 SCRA 464, 470)
In Urbano v. Solicitor General Chavez, 183 SCRA
347, the Court ruled that the Solicitor General
cannot be represented by lawyers from the Office
of the Solicitor General for criminal charges filed
against him in his personal capacity.

Basic Concepts
State Immunity
The doctrine of non-suability of State is available also
to foreign States. They may not be sued in the local
courts. The added basis in this case is the principle of
the sovereign equality of States, under which one
State cannot assert jurisdiction over another in
violation of the maxim par in parem non habet
imperium. To do so would unduly vex the peace of
nations. (Id.)

Basic Concepts
State Immunity
PTRI v. C.A. and E.A. Construction (2021) Caguioa,
J. - The State's immunity from suit may be
shelved when the Court is convinced that its
stubborn observance will lead to the subversion
of the ends of justice. Likewise, the doctrine of
governmental immunity from suit cannot serve
as an instrument for perpetrating an injustice on
a citizen.

Basic Concepts
State Immunity – Jurisdiction over controversy
• PTRI v. C.A. and E.A. Construction (2021) Caguioa, J. -
Under Section 4 of E.O. 1008, the CIAC shall have
original and exclusive jurisdiction over disputes
arising from, or connected with, contracts entered
into by parties involved in construction in the
Philippines, whether the dispute arises before or
after the completion of the contract, or after the
abandonment or breach thereof. The provision
further states that the CIAC acquires jurisdiction
when the parties to a dispute agree to submit the
same to voluntary arbitration.
• The provision also states that the jurisdiction of
CIAC includes, but is not limited to, violation of
specifications for materials and workmanship;
violation of the terms of agreement; interpretation
and/or application of contractual time and delays;
maintenance and defects; payment, default of
employer or contractor and changes in contract
cost.

Basic Concepts
Delegation of Powers – The delegation of powers is the
act whereby a political authority invested with certain
powers turns over the exercise of those powers, in full
or in part, to another authority.
The tests applied to determine valid delegation of
powers are the completeness test and the sufficient
standard test.
The principle of delagata potestas non potest delegari
means that all the powers of the branches of the
government are merely delegated to them by the
people. They enjoy these powers as delegated duty.
They cannot delegate the responsibility of carrying out
the delegated tasks to some other agencies without
violating the delegation.

Basic Concepts
The exceptions to the principle of non-delegation of
legislative power are:
1. Delegation to local governments of the power to
enact ordinances.
2. Delegation to the President under the Constitution
of the emergency power (Section 23, 2, Art. VI)
and the determination of tariff rates. (Section 28,
2, Art. VI)
3. The power of the people under the concepts of
referendum and initiative.

Basic Concepts
Delegation of Powers – CotesCUP v. Secretary of
Education, supra, Caguioa, J. – The K to 12 Law does
not constitute an undue delegation of legislative
power. The law adequately provides the legislative
policy that it seeks to implement. There are the
standards to guide the DepEd, CHED and TESDA in
carrying out the provisions of the law, from the
development of the K to 12 Basic Education
Curriculum, to the hiring and training of teaching
personnel and to the formulation of appropriate
strategies in order to address the changes during the
transition period.

Amendments and Revisions – Article XVII
The modes of amending the Constitution are:
1. Through Constituent Assembly, that is the
Congress upon a vote of three-fourths of all its
members.
2. Through Constitutional Convention.
3. By the people through initiative upon a petition
of at least twelve per centum of the total number
of registered voters, of which every legislative
district must be represented by at least three per
centum of the registered voters therein.
(Sections 1 and 2, Art. XVII)

The modes of revision of the Constitution are:
1. Through Constituent Assembly, that is the
Congress upon a vote of three-fourths of all its
members.
2. Through Constitutional Convention (Section 1,
Art. XVII)
The Congress may, by a vote of two-thirds of all its
members, call a Constitutional Convention, or by a
majority vote of all of its members, submit to the
electorate the question of calling such a convention.
(Section 3, Art. XVII)

The tests to determine if there is an amendment or
revision would be the QUALITATIVE TEST or the
QUANTITATIVE test.
Any amendment to, or revision of, the Constitution
under Sections 1 and 2 of Article XVII shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty
days nor later ninety days after the approval of such
amendment. (Section 4, Art. XVII)

1. Defensor-Santiago v. COMELEC (1997), Davide, J. –
R.A. No. 6735 does not provide for the manner
through which the 1987 Constitution may be
amended through People’s Initiative.
2. Lambino v. COMELEC (2006), Carpio, J. – The
provisions which the petitioners sought to change
were in the nature of revisions and not
amendments. The proposed changes call a
transition from a presidential form of government
to a parliamentary form. The People’s Initiative
under Section 2 of Article XVII is limited to
amendments.

Citizenship
Who are citizens of the Philippines
Section 1, Article IV provides that the following
are citizens of the Philippines –
1.Those who are citizens of the Philippines at the
adoption of this Constitution;
2.Those whose fathers or mothers are citizens of
the Philippines;
3.Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
4.Those who are naturalized in accordance with
law.

Citizenship
Manner by which citizenship may be acquired other
than by birth –
1. Judicial proceeding under C.A. 473
2. Administrative Proceeding under R.A. 9225
3. Congressional Act
Manner by which citizenship may be lost –
1. Renunciation
2. Allegiance to another country
3. Denaturlaization

Citizenship
Poe-Llamanzares v. COMELEC, March 8, 2016, Perez, J –
On equitable grounds, a foundling like Grace Poe-
Llamanzares is considered a natural-born citizen.
Note: On 6 May 2022, the President signed into law
R.A.11767 or the Foundling Recognition and Protection
Act
So v. Republic, January 29, 2007, Callejo, J. - A
naturalization proceeding is not a judicial adversary
proceeding, and the decision rendered therein does not
constitute res judicata. A certificate of naturalization
may be cancelled if it is subsequently discovered that
the applicant obtained it by misleading the court upon
any material fact. Law and jurisprudence even authorize
the cancellation of a certificate of naturalization upon
grounds or conditions arising subsequent to the
granting of the certificate.

Citizenship
Piccio v. HRET (October 05, 2021), Caguioa, J. -
Citizenship, being a continuing requirement for
Members of the House of Representatives, however,
may be questioned at anytime.
Representative Vergara of Nueva Ecija met the twin
requirements for natural-born Filipinos to re-
acquire Philippine citizenship, and to qualify for
public office as provided in R.A. No. 9225.

Citizenship
Sagun v. Republic, February 15, 2012, Villarama, J. –
Sagun filed a petition entitled "In re: Judicial Declaration
of Election of Filipino Citizenship, Nora Fe Sagun v. The
Local Civil Registrar of Baguio City." before the RTC of
Baguio City. The trial court granted the prayer but the
state objected. After her marriage, Sagun executed an
Oath of Allegiance to the Republic of the Philippines but
it was not recorded and registered with the Local Civil
Registrar of Baguio City. One cannot assert that the
exercise of suffrage and the participation in election
exercises constitutes a positive act of election of
Philippine citizenship since the law specifically lays
down the requirements for acquisition of citizenship by
election.
There is no specific statutory or procedural rule which
authorizes the direct filing of a petition for declaration
of election of Philippine citizenship before the courts.

Citizenship
In Re: Vicente Ching, October 1, 1999, Kapunan, J. –
The prescribed procedure in electing Philippine
citizenship is certainly not a tedious and
painstaking process. All that is required of the
elector is to execute an affidavit of election of
Philippine citizenship and, thereafter, file the same
with the nearest civil registry. The phrase
"reasonable time" has been interpreted to mean
that the election should be made generally within
three (3) years from reaching the age of majority.
The practice of the legal profession is reserved only
for Filipino citizens. Having failed to acquire his
Philippine citizenship within a reasonable time,
Ching is precluded from taking his oath as a lawyer.

Citizenship
Maquiling v. COMELEC, April 16, 2013, Sereno, C.J. -
The use of foreign passport after renouncing one’s
foreign citizenship is a positive and voluntary act of
representation as to one’s nationality and
citizenship. However, it does not divest Filipino
citizenship regained by repatriation but it recants
the Oath of Renunciation required to qualify one to
run for an elective position.
Having failed to perfect the requirements under
R.A. No. 9225, Arnado’s proclamation was revoked.
Maquiling, the second placer, was ruled to be the
winner of the mayoralty race.

Three Inherent Powers of Government
1. Police Power
Elements: lawful subject or purpose; and lawful
means to achieve the purpose
2. Power of Eminent Domain
Elements: taking of private property through
judicial proceedings; taking must be for a public
purpose; and payment of just compensation for the
taking.
3. Power to Tax
Under the life blood theory, taxes are impositions
by the state in order to fund the operations which
include the provision of public services.

Cases – Police Power
1. Zabal v. Duterte - The 6-month lockdown of the
Boracay Island is a valid exercise of police power.
2. Pimentel v. LEB – The creation of the LEB is
constitutional. LEB has been vested with police power to
prescribe courses to a law degree and has the power to
supervise law schools.
3. CotesCUP v. Secretary of Education – The enactment of
education laws, including the K to 12 Law and the
Kindergarten Education Act, their respective
implementing rules and regulations and the issuances of
the government agencies, are an exercise of the State's
police power. The State has an interest in prescribing
regulations to promote the education and the general
welfare of the people.

Cases – Eminent Domain
1. PNOC Alternative Fuels Corp. v. National Grid
Corporation of the Philippines (September 4, 2019),
Caguioa, J. - The right of eminent domain is an
ultimate right of the sovereign power to
appropriate any property within its territorial
sovereignty for a public purpose. The exercise of
this power, whether directly by the State or by its
authorized agents, is necessarily in derogation of
private rights. Hence, it is considered to be one of
the harshest proceedings known to the law.
Land owned by the government which partakes of
patrimonial property may a subject of an
expropriation case.

2. MORE Electric Power Corp. v. Panay Electric
Company (September 15, 2020), Reyes, J. Jr., J -
Sections 10 and 17 of R.A. No. 11212 granting
MORE Electric Power Corporation (“MORE”) did
NOT violate the constitutional guarantee of due
process and equal protection. Congress explicitly
provided that MORE can exercise the power of
eminent domain to take over the power and
electricity distribution system in Iloilo City which is
owned by the previous franchise holder Panay
Electric Company, Inc. The Constitution prohibits
the grant of exclusive franchise.

When the power of eminent domain is exercised by an
agent of the State and by means of expropriation of real
property, the following limitations must be observed:
1. A valid delegation to a public utility to exercise the
power of eminent domain or pursue expropriation
proceedings over a particular private property;
2. An identified public use, purpose or welfare for which
eminent domain or expropriation is exercised;
3. Previous tender of a valid and definite offer to the
owner of the property sought to be expropriated, but
which offer is not accepted; and
4. Payment of just compensation.

Cases – Power to Tax
1. Cagayan de Oro v. CEPALCO, October 17, 2018, A.
Reyes, Jr. - The term "taxes" has been defined by
case law as "the enforced proportional
contributions from persons and property levied by
the state for the support of government and for all
public needs." While, under the Local Government
Code, a "fee" is defined as "any charge fixed by law
or ordinance for the regulation or inspection of a
business or activity.
The purpose of the P500 per post under the
ordinance of Cagayan de Oro City is to regulate the
construction and maintenance of electric and
telecommunications posts erected within territorial
boundaries.

Cases – Power to Tax
2. MWSS v. Central Board of Assessment Appeals,
Pasay City LBAA et. al, (September 2020), Lopez, J. -
MWSS is a government instrumentality vested
with corporate powers, and as such, exempt from
payment of real property taxes.
The tax exemption that its properties carries,
however, ceases when their beneficial use has been
extended to a taxable person. The liability to pay
real property taxes on government-owned
properties, the beneficial or actual use of which was
granted to a taxable entity, now devolves on the
taxable beneficial user.

The Three Branches of Government
1. Legislative Department (Article VI, 1987 Constitution)
2. Executive Department (Article VII, 1987 Constitution)
3. Judicial Department (Article VIII, 1987 Constitution)

The Legislative Department
Legislative and Non-Legislative Powers
Legislative Powers – Propose, enact, amend and repeal laws
Non-legislative Powers – Canvassing of Votes, Role in
Exercise of Commander-in-Chief Powers, Declaration of
State of War; Role in Treaty-Making Powers, Role in
Pardoning Powers of the President, Role in Impeachment
Proceedings, Role in SONA

Chambers of Congress
Senate
Composition – 24 members
Qualifications –
1. natural-born Filipino citizen
2. 35 years old on the day of election
3. resident of the Philippines for two years
4. registered voter
5. able to read and write
Election – Senators are voted at large even by qualified
overseas voters and domestic absentee voters.
Assumption and Term of Office – June 30 at 12 noon or on
another date fixed by law
Term - six years but can still run for another term or for a
total of twelve years.

House of Representatives
Qualifications
1. natural-born Filipino citizen
3.1. for congressional district representatives, must be a
resident of the district which he/she seeks to
represent for a period of one year; and
3.2. for party list members, one must have resided any
where in the Philippines for a period of one year.
4. registered voter

House of Representatives
Composition –
1. congressional district representatives (territorial, may
affiliated with political parties or independent candidates);
and
2. party list members (limited to members of national party,
regional party or sectoral party)
Term – three years per term and one can serve for a
maximum period of three terms or a total of nine years.

Election –
Congressional district representatives are elected by
constituents in a well-defined territory where they
have resided.
Party list members are voted at large even by
qualified overseas voters and domestic absentee
voters.
Assumption and Term of Office - June 30 at 12 noon
or on another date fixed by law

Legislative privileges, inhibitions and
qualifications – Parliamentary Speech
Parliamentary privilege of speech and debate aims to
enable and encourage a representative of the public to
discharge the public trust with firmness and success for
it is indispensably necessary that he should enjoy the
fullest liberty of speech, and that he should be protected
from the resentment of everyone, however powerful, to
whom the exercise of that liberty may occasion offense.
(Osmena, Jr. v. Pendatun)

Pobre v. Defensor- Santiago (August 25, 2000),
Velasco, J. - The Supreme Court upheld the
parliamentary privilege of Sen. Defensor-Santiago
even if she referred to the Supreme Court as a court
of idiots. She delivered her privilege speech during
the plenary session of Congress. Thus, her utterances
were covered the parliamentary speech privilege.

To come under the privilege, it is not essential that
the Congress be in session where the utterance is
made. What is essential is that the utterance must
constitute “legislative action,” that is, it must be part
of the deliberative and communicative process by
which legislators participate in committee or
congressional proceedings in the consideration of
proposed legislation or of other matters which the
Constitution has place within the jurisdiction of the
Congress. (Bernas, Primer,2011: 233)
•

Trillanes v. Hon. Marigomen (March 14, 2018), Tijam, J. –
This is a libel suit instituted by Antonio Tiu, a resource
person in a senate inquiry, against Sen. Trillanes. The
latter moved to dismiss the case and argued that the claim
of falsity of statements made by a member of Congress
does not destroy the privilege of parliamentary immunity,
and the authority to discipline said member lies in the
assembly or the voters and not the courts.
The Court dismissed the petition holding that the privilege
of parliamentary speech could only be invoked in the
performance of their official functions, such as speeches
delivered, statements made, or votes cast in the halls of
Congress, while the same is in session, as well as bills
introduced in Congress.

qualifications – Freedom from Arrest
The parliamentary privilege of freedom from arrest is
limited to offenses punishable by not more than six years
while the Congress is in session. The privilege is not
applicable to a member of the Congress who has been
convicted already.
In People v. Jalosjos (2000, Ynares-Santiago), the Court
held that after his conviction, Congressman Jalosjos
cannot invoke his freedom from arrest.
In Sen. Trillanes v. Hon. Judge Pimentel (2008, Carpio-
Morales), the Court held that during his trial, Sen. Trillanes
cannot be allowed to attend the plenary sessions in the
Senate and to participate in the Committee hearings of
which he is a member. The charges he faced were
punishable beyond six years.

Disqualifications –
1. No Senator or Member of the House of
Representatives may hold any other office or
employment in the government, or any
subdivision, agency or instrumentality thereof,
including government-owned or controlled
corporations or their subsidiaries, during his
term without forfeiting his seat. (Section 13,
Art. VI)
2. No member of the Congress shall be appointed
to any office which may have been created or
the emoluments thereof increased during the
term for which he was elected. (Section 10, Art.
VI)

Disqualifications
3. No member of Congress may appear as
counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other
administrative bodies. (Section 14, Art. VI).

Discipline of Members
It is the Committee on Ethics that is vested the power
to discipline a member of Congress for disorderly
behavior.
The penalty of suspension of not more than 60 days
or expulsion may be imposed upon a vote of 2/3 of all
its members.

Scope and limitations of legislative powers
The substantive limitations to the power to enact laws are:
1. Congress cannot pass irrepealable laws.
2. Congress cannot enact ex post facto or bill of attainder.
(Section 22, Art. III)
3. No law shall be passed increasing the appellate jurisdiction of
the Supreme Court without its advice and concurrence.
(Section 30, Art. VI)
4. Congress may not increase the appropriations recommended
by the President for the operation of the government
specified in the budget. (Section 25[1], Art. VI)

5. Every bill passed by Congress shall embrace
only one subject which shall be expressed in the
title thereof. (Section 26[1], Art. VI)
6. Congress cannot enact a law granting a title of
royalty or nobility. (Section 31, Art. VI)

7. No public money or property shall be appropriated,
applied, paid or employed, directly or indirectly, for the
use, benefit, or support any sect, church, denomination,
sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or
dignitary as such, except when such priest, preacher,
minister, or dignitary as such, is assigned to the armed
forces, or to any penal institution, or government
orphanage or leprosarium. (Section 29 [2], Art. VI)

The procedural limitations to the power to enact laws are
the following:
1. No bill passed by either House shall become a law
unless it has passed three readings on separate days
and printed copies thereof in its final form have been
distributed to its members three days before its final
passage. (Section 26[2], Art. VI)
2. Upon the last reading of a bill, no amendment thereto
shall be allowed. (Section 26(2), Art. VI)
3. All appropriation, revenue or tariff bills, bills
authorizing increase in public debt, bills of local
application, and private bills shall originate
exclusively in the House of Representatives. (Section
24, Art. VI)

Principle of non-delegability
(Potestas delegata non delegari potest)
The principle of non-delegation of powers provides
that the Congress cannot further delegate the power
delegated to it by the people.
(a) The Congress delegates its legislative power by
allowing direct legislation by the people in cases of
initiative and referendum;

Exceptions to the Principle of non-delegability
Delegation is permitted in the following:
(b) Delegation of emergency powers to the
President. Section 23 (2), Article VI of the
Constitution states that “in times of war or other
national emergency, the Congress may, by law,
authorize the President, for a limited period and
subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a
declared national policy;”

Exceptions to the Principle of non-delegability
(c) The Constitution permits the delegation of
tariff powers to the President under Section 28 (2),
Article VI of the Constitution;
(d) The Congress delegates the so called “power of
subordinate legislation” to administrative bodies;
and
(e) The Congress delegates to the local
governments the power to enact ordinances
pursuant the principle of local autonomy.

Appropriation and Re-alignment
The constitutional limitations to the power to appropriate
are:
1. Congress may not increase the appropriation
recommended by the President for the operation of the
government. (Section 25[1], Art.VI)
2. A special appropriation bill shall specify the purpose
for which it is intended and shall supported by funds
actually available as certified by the National Treasurer,
or to be raised by a corresponding revenue proposal.
(Section 25[4], Art. VI)

The constitutional limitations to the power to
appropriate are:
1. Congress may not increase the appropriation
recommended by the President for the operation of
the government. (Section 25[1], Art.VI)
2. A special appropriation bill shall specify the purpose
for which it is intended and shall supported by funds
actually available as certified by the National
Treasurer, or to be raised by a corresponding
revenue proposal. (Section 25[4], Art. VI)

3. No law shall be passed authorizing any transfer of
appropriation. However, the President, the Senate
President, the Speaker of the House, the Chief Justice and
the heads of the Constitutional Commissions may, by law,
be authorized to transfer funds within their respective
departments and offices provided:
(a) the transfer is for the purpose of augmenting an item
in the general appropriation laws; and
(b) the funds so transferred must come from their savings.
(Section 25[5], Art. VI)

4. No provision or enactment shall be embraced in the
general appropriation bill unless it relates specifically to
some particular appropriation therein. (Section 25[2], Art.
VI)
5. No public money or property shall be appropriated,
applied, paid or employed, directly or indirectly, for the
use, benefit, or support any sect, church, denomination,
sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or
dignitary as such, except when such priest, preacher,
minister, or dignitary as such, is assigned to the armed
forces, or to any penal institution, or government
orphanage or leprosarium. (Section 29 [2], Art. VI)

Appropriation and Re-alignment –
Vetoed Provisions
Inappropriate provisions in an appropriation bill
may be vetoed by the President as they are to be
treated as items for purposes of the veto. Explicit
is the requirement that a provision in the
Appropriations Bill should relate specifically to
some “particular appropriation” therein.
According to the Supreme Court, if the challenged
“provisions” do not relate to any particular or
distinctive appropriation, they should be
considered as items for the purpose of the
President’s veto power (Gonzales v. Macaraig, 391
SCRA 452, 467).

Under the doctrine of augmentation, the transfer of
funds or appropriations by law is impermissible or
illegal. However, the President, the Senate President,
the Speaker of the House, the Chief Justice, the
heads of the Constitutional Commissions may, by
law, be authorized to transfer funds within their
respective departments and offices provided:
(a) the transfer is for the purpose of augmenting an
item in the general appropriation laws; and
(b) the funds so transferred must come from their
savings. (Section 25[5], Art. VI)

The transfer of appropriated funds, to be valid under Section
25(5) must be made upon a concurrence of the following
requisites, namely:
1. There is a law authorizing the President, the President of the
Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of the
Constitutional Commissions to transfer funds within their
respective offices;
2. The funds to be transferred are savings generated from the
appropriations for their respective offices; and
3. The purpose of the transfer is to augment an item in the
general appropriations law for their respective offices.
(Araullo v. Aquino III, 728 SCRA 1)

Process of Law-Making
1. The initial step begins with the drafting of the bill.
2. First reading of the proposed bill is included in the
session agenda for referral to the concerned
Committee.
3. Committee hearings on the proposed bill are
conducted.
4. Second reading wherein the Committee Report is
submitted to the plenary; and amendments are
introduced during the period of deliberation.
5. Third reading wherein amendments are
incorporated in the proposed bill. The house is
divided to allow members to cast their vote.

6. The Bi-Cameral Conference Committee harmonizes
the two versions of the bill as approved separately by
the two chambers of Congress.
7. The adoption of the enrolled bill is duly signed by the
Senate President and the Speaker of the House and
their signatures are duly authenticated by the Senate
Secretary and the Secretary General of the HOR.
8. The enrolled bill is presented to the President.

Actions which the President may take on an enacted
bill -
1. Approve it as presented;
2. Veto a line in an appropriations act;
3. Veto in part or in whole a bill and formally
informing the chamber where the bill originated
the basis for the veto; and
4. Refuse to act on the bill for a period of 30 days then
the bill becomes a law through inaction.

Action on an approved bill –
The approved bill is transmitted to Congress for
publication.
Action on vetoed bill –
The vote message of the President is included in the
Order of Business.
If the Congress decides to override the veto, the House
and the Senate shall proceed separately to reconsider
the bill or the vetoed items of the bill.
If the bill or its vetoed items would be passed by a vote
of two-thirds of the Members of each House, such bill
or items shall become a law.

Legislative Branch - Shifting Majorities
Override presidential
veto
2/3 Separately
(House where
bill originated
votes first)
Art. VI, Sec.
27(1)
Grant of tax
exemptions
Majority (Silent) Art. VI, Sec.
27(4)
Elect President in case
of tie
Majority Separately Art. VII, Sec. 4,
(5)
Confirm appointment
of VP
Majority Separately Art. VII, Sec. 9
Revoke or extend (a)
Martial Law or (b)
suspension of writ of
Habeas Corpus
Majority Jointly Art. VII, Sec. 18

Confirm amnesty
grant
Majority (Silent) Art. VII,
Sec. 19, (2)
Submit question of
calling a
Constitutional
Convention to the
electorate
Majority (Silent)
Prevailing view: by
default, houses vote
separately (because
Congress is
bicameral)
Art. XVII,
Sec. 3
Call for
Constitutional
Convention
2/3 Art. XVII,
Sec. 3
Propose
amendments as
Constituent
Assembly
3/4 Art. XVII,
Sec. 1(1)

Legislative Branch – Other Special Cases
Determine
President’s
disability
2/3 of both Houses,
voting separately
Art. VII,
Sec. 11
(4)
Declaring a
State of War
2/3 of both Houses
(in joint session),
voting separately
Art. VI,
Sec.
23(1)

Legislative Inquiries and Oversight Functions
Mandatory Guidelines on Oversight Functions:
- Congress’ role must be confined to mere oversight.
- Any post-enactment measure allowing any
legislator’s participation beyond oversight is
tantamount to impermissible interference and/or
assumption of executive functions. (Belgica v. Ochoa)
- As the Court ruled in Abakada v. Purisima, any post-
enactment congressional measure should be limited to
scrutiny and investigation.

Scope of Oversight Functions
(1) Scrutiny is based primarily on Congress’ power of
appropriation and the budget hearings; its power to
ask heads of departments to appear before and be
heard by either of its Houses on any matter pertaining
to their departments (Question Hour); and its power
of confirmation (Commission on Appointments); and
(2) Investigation and monitoring through the conduct
inquiries in aid of legislation. (Section 21, Article VI)
Reminder: Nature of Question Hour (Section 22,
Article VI)

. No. 180643, September 4, 2008)G.R. No. 180643,
September 4, 2008)
Neri v. Senate Committees, G.R. No. 180643 (2018),
De Castro, J. - An official of the executive branch may
invoke executive privilege during a congressional
inquiry. Strictly speaking, executive privilege is not a
personal privilege, but one that adheres to the Office
of the President. Its purpose, among others, is to
assure that the nation will receive the benefit of
candid, objective and untrammeled communication
and exchange of information between the President
and his/her advisers in the process of shaping or
forming policies and arriving at decisions in the
exercise of the functions of the presidency.

September 4, 2008)
Balag v. Senate, July 3, 2018, Gesmundo, J. - The
Court ruled that Balag’s petition had become moot
and academic. The Senate Committees had
terminated their legislative inquiry upon the
approval of Committee Report Nos. 232 and 233 by
majority of its members. The Senate even went
further by approving on its 3rd reading the proposed
bill, Senate Bill No. 1662, the result of the inquiry in
aid of legislation.
As the legislative inquiry ends, the basis for the
detention of petitioner likewise ends.

Legislative Branch - Electoral Tribunals
Two Types
(1) Senate Electoral Tribunal (SET)
(2) House Electoral Tribunal (HRET)
Composition
Three (3) Supreme Court justices, designated
by Chief Justice
Senior Justice in the Electoral Tribunal shall be
its Chairman
Six (6) members of the Senate or House of
Representatives chosen on the bases of
proportional representation from parties

Composition Rules
(1)The SET and the HRET shall be
constituted within 30 days after the
Senate and the House shall have been
organized with the election of the
President and the Speaker. [Sec. 19]
(2)Members chosen enjoy security of tenure
and cannot be removed by mere change of
party affiliation. (Bondoc v. Pineda, 201
SCRA 793).

Valid grounds/just cause for termination of
membership to the tribunal:
1. Expiration of Congressional term of
office;
2. Death or permanent disability;
3. Resignation from political party which
one represents in the tribunal; and
4. Removal from office for other valid
reasons.

Jurisdiction: sole judge of all contests relating to the
election, returns, and qualifications of their respective
members.
Election Contest: one where a defeated candidate
challenges the qualification and claims for himself the
seat of a proclaimed winner.
Commencement of jurisdiction: The electoral tribunal
acquires jurisdiction only after (1) a petition is filed
before it, and (2) a candidate is already considered a
member of the House. (Ongsiako-Reyes v. COMELEC
(G.R. No. 207264, June 25, 2013)
REMEMBER: To be considered a member, there must
be a concurrence of the following: (1) a valid
proclamation; (2) a proper oath (a) before the
Speaker and (b) in open session; and (3) assumption
of office. [Id.]

The Executive Department
September 4, 2008)
1. Qualifications, election, term and oath, (Art. VII,
Sections 2, 4 and 5)
Qualifications for the President and Vice President
1. Natural-born Filipino
3. must have resided in the Philippines for 10 years
5. a registered voter.
Term of Office of the President – one term of six
years
Term of Office of the Vice President – two terms of
six years each

Privileges, Inhibitions and Disqualifications
Section 13, Article VII
1. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold
any other office or employment during their tenure.
2. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in
any business, or be financially interested in any
contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency,
or instrumentality thereof, including government-
owned or controlled corporations or their
subsidiaries. 3. They shall strictly avoid conflict of
interest in the conduct of their office. 2008)

Privileges, Inhibitions and Disqualifications
Section 13, Article VII
4. The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and
their subsidiaries.
Note: Appointments in the judiciary are not included
in the prohibition.
Reminder: Presidential Immunity and Executive
Privilege

September 4, 2008)
Compare prohibition against other officials (Art. VI,
Sec. 13, Art. IX, A, Sec. 2 and Art. IX, B, Sec. 7)
Exceptions to rule prohibiting executive officials
from holding another office:
1. Vice President as member of the cabinet (Art.
VII, Sec. 3, par.2)
2. Secretary of Justice as member of Judicial and
Bar Council (Art. VIII, Sec. 8 (1))

Powers of the President
1. o. 180643, September 4, 2008)G.R. No. 180643,
September 4, 200
1. General executive and administrative powers –
Section 1, Article VII - The executive power shall be
vested in the President of the Philippines.
Section 17, Article VII - The President shall have
control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully
executed.
Section 4, Article X - The President of the Philippines
shall exercise general supervision over local
governments.

Power of Appointment
1. In general – S
Section 16, Article VII –
“ x x x He shall also appoint all other officers of the
Government whose appointments are not otherwise
provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in
rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or
boards.”
, 2008)G.R. No. 180643, September 4, 200

4,2. Constitutional and by-passed appointments
Section 16, Article VII -
“The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from
the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
x x x
The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or
compulsory, but such appointments shall be effective only
until disapproved by the Commission on Appointments or
until the next adjournment of the Congress.”
2008)G.R. No. 180643, September 4, 200

Appointments in the Judiciary
Upon nomination of the Judicial and Bar Council (Art.
VIII, Sec. 9)
Cases:
De Castro v. JBC – The midnight appointment rule does
not apply to a vacancy in the Supreme Court. (Section4
(1), Article VIII)
Jardeleza v. Sereno and JBC – A nominee or an
applicant to a vacancy in the Supreme Court must be
accorded due process when an issue about his
integrity is raised.
2008)G.R. No. 180643, September 4, 200

3. Midnight and ad interim appointments –
Section 15, Article VII –
“Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments, except
temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety.”
Article IX -B Section 1(b), IX-C Section 1(b), and IX-D Section
1(b)
Appointment to any vacancy shall be only for the unexpired
term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
Ad interim appointments are permanent in nature.

Power of Removal – The President may remove or revoke
appointments -
Appointments based on trust and confidence
Nominations disapproved by the Commission on
Appointments
Public officers who by law have been found to have violated
their oath of office

Power of Removal
Removal of Appointees: Gonzales III v. Office of the
President (G. R. Nos. 196231, 196232, September 4,
2019): Only the Ombudsman can discipline the Over-
all Ombudsman and the other Deputies.
Reminders:
1. Almario v. Executive Secretary, 701 SCRA 269
(2013);
2. Aguinaldo v. Pres. Aquino; and
3. Endriga v. Executive Secretary

Power of Control and Supervision
a) Concept of Qualified Political Agency/Alter ego
b) Control of executive department (Art. VII, Sec. 17)
c) General supervision of local governments and
autonomous regions but not CONTROL (Art. X, Sec. 4
and Sec.16)
Joson v. Executive Secretary, 290 SCRA 279(1998)
Ombudsman v. Court of Appeals, Mayor Binay et al. :
The Ombudsman may remove a local executive
official.
Reminder: De Leon v. Pres. Duterte: state of health of
the President; capacity to rule in case of temporary
incapacity or serious illness (Sections 11 &12,
Article VII)

Emergency Power
Emergency powers (Art. VI, Sec. 23(2))
"In times of war or other national emergency, the
Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it
may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless
sooner withdrawn by resolution of the Congress,
powers shall cease upon the next adjournment
thereof.“
Araneta v. Hon. Dinglasan – When Congress reassumes
its law-making powers, the exercise of the delegated
legislative powers to the President under a state of
war or emergency ceases.

Military Powers
Powers as Commander-in-Chief (Art. VII, Sec.18, Art. III,
Sec. 15, Art. VIII, Sec. 1, par.2)
Lagman et al. v. Medialdea (G.R. No. 231658, July 4,
2017, G.R. No. 231658, December 05, 2017 and G.R.
No. 243522, February 19, 2019): The Court agreed
with the Congress that there was a factual basis to
declare and extend Martial Law in Mindanao.
Ocampo v. Enriquez (G.R. No. 225973, November 08,
2016): The President's decision to bury the remains of
Marcos at the LNMB is not done whimsically,
capriciously or arbitrarily, out of malice, ill will or
personal bias.

Executive Clemency
Nature and Limitations: Acts of clemency are rooted in
the “divine rights of the King”
General Rule: The Constitution grants the President
this right to individuals convicted by final judgment
who have demonstrated they have fulfilled their debt
to society.
Forms of Executive Clemency: Reprieves,
commutations and pardons; remit fines and forfeitures
extended to individuals subject to final conviction
Amnesty is extended to a class of individuals
Note: The President may also grant pardon to a person
in an administrative proceeding.

Executive Clemency
Exceptions:
1. Grant of amnesty requires congressional consent.
2. Offenses involving violation of election laws require
the recommendation of the COMELEC. (Section 5,
Article IX-C)
3. Public officers removed through impeachment may
not be pardoned by the President.
Tiu v. Natividad Dizon, (G.R. No. 211269, June 15,
2016): To enjoy the act of pardon by the President, the
recipient must conform to the conditions of pardon.
Reminder: Pemberton case – grant of absolute pardon

Diplomatic Power (Art. VII, Sec. 21)
Stages involved in the Adoption of a Treaty
1. Negotiations
2. Execution
3. Ratification in accordance with domestic law
(Concurrence of the Senate)
4. Exchange of ratified instruments
5. Deposit of instruments
Pimentel v. Executive Secretary – The President cannot be
compelled to submit a treaty or an international agreement
for concurrence of the Senate.
Pangilinan v. Secretary Cayetano – When granting its
concurrence, the Senate may provide restrictions for
withdrawal from a treaty or international agreement.

Powers relative to Appropriations
The executive branch submits to Congress its
proposed annual budget 30 days after the President
delivers his SONA.
Veto Powers
1. Veto power (Art. VII, Sec. 27)
2. Line veto; veto due to constitutional grounds
A line veto will not affect the validity and effectivity
of the other provisions in the appropriations
measure.

Powers relative to Appropriations
Tolentino v. Secretary of Finance: The Bi-cam Conference
Committee settles and harmonizes the two versions of GAA
originating from the Senate and the HOR. The output is
known as the enrolled bill.
Demetria v. Alba: President cannot amend the GAA approved
by the legislative branch because the Constitution vested the
power to appropriate in the Interim Batasan Pambansa.
Belgica v. Ochoa: The Congress cannot delegate to the
President the power to appropriate. Individual appropriation
is not allowed.
Araullo v. Ochoa: The President cannot redefine savings and
cannot give any amount in favor of constitutional
commissions since this violates their independence.
Reminders –
1. Cross-border transfers of funds under Section 25 (5) of
Article VI
2. Impoundment of budget

Residual Powers
Residual Powers refer to “whatever is not judicial,
whatever is not legislative, is residual power
exercised by the President."
Residual powers of the President include things that
are considered to be outside of the office's usual
realm. This includes enjoying absolute criminal
and civil immunity while in office.

Rules on Succession
Section 7. The President-elect and the Vice President-
elect shall assume office at the beginning of their
terms.
Rules
1. If the President-elect fails to qualify, the Vice
President-elect shall act as President until the
President-elect shall have qualified.
2. If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
3. If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall
become President.

Rules on Succession
4. Where no President and Vice-President shall have
been chosen or shall have qualified, or where both
shall have died or become permanently disabled, the
President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall act as
President until a President or a Vice-President shall
have been chosen and qualified.
The Congress shall, 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 shall have
qualified, in case of death, permanent disability, or
inability of the officials mentioned in the next
preceding paragraph.

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

The Judicial Department
Judicial Power (Sec. 1, Art. VIII)
Nature: Judicial power is the power to hear and settle
disputes concerning rights and duties between
private persons or between private persons and the
government.
When exercised: Judicial power is exercised only
when an actual controversy is presented to the court
for resolution/disposition.
How exercised: When the law is clear, it is the court’s
duty to APPLY the law.
When the law is vague, the court must interpret the
law and apply it according to its meaning.

Theory and Justification of Judicial Review: Judicial
review is the doctrine where the judiciary may
review acts of the executive and legislative branches.
This power is rooted under the principle of checks
and balances and separation of powers doctrine.

Requisites of Judicial Review
(a) there must be an actual case or
controversy;
(b) the petitioners must possess locus standi;
(c) the question of constitutionality must be
raised at the earliest opportunity; and
(d) the issue of constitutionality must be the
lis mota of the case
but may produce legal effects.

Political Question Doctrine
1. If the framers of the Constitution made
clear their intention that the judiciary not
resolves a particular question of
constitutional interpretation, that
determination must be respected.
2. The political question doctrine might be
invoked when there is a lack of judicially
manageable standards to decide the case on
the merits, when judicial intervention might
show insufficient respect for other branches
of government, or when a judicial decision
might threaten the integrity of the judicial
branch. (Baker v. Carr, 1962)

Moot Questions
General Rule: A matter is moot if further legal
proceedings would serve no other purpose
and therefore, such can have no effect, or
events have placed it beyond the reach of the
law. Normally, courts will defer to acting on a
matter that has become moot and academic.
Exception: Where matters of transcendental
importance arise, the Court renders a
resolution to give guideposts to the bench
and bar if a similar matter should arise in the
future.
produce legal effects.

Operative Fact Doctrine
Article 7 of the Civil Code provides that
when statute is void and declared
unconstitutional, it may produce legal effects.
Relevant cases:
Araullo v. President Aquino
Municipality of Tupi v. Faustino

Judicial Independence
1. Discipline of the members of the bench and
employees of the judiciary is vested solely in the
Supreme Court.
2. The Supreme Court has rule-making powers
provided such rules do not diminish, increase or
modify substantive rights.
3. The security of tenure of the members of the
bench is guaranteed.
4. Cases are decided based only on facts, evidence
and applicable law.

Fiscal Autonomy
1. Appropriations for the Judiciary may not be
reduced by the legislature below the amount
appropriated for the previous year and, after
approval, shall be automatically and regularly
released.
2. The salaries of the members of the bench may
not be reduced.
3. The proceeds of the Judicial Development Fund is
not subject to COA audit.
4. The appraisal value of items for disposition shall
be subject to the internal rules of fiscal control
unit of the Court.

Qualifications based on the Constitution –
1. Competence
2. Integrity
3. Probity
4. Independence

Qualifications based on the Code of Judicial
Conduct –
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence

Composition of the
Judicial and Bar Council
The Constitution provides for the composition of the
JBC to include the following:
Ex –officio Members -
1. Chief Justice as Chairperson
2. A representative of Congress
3. Secretary of Justice
Regular members -
1. A representative of the Integrated Bar of the
Philippines;
2. A professor of law;
3. A retired member of the Supreme Court; and
4. A representative from the private sector.

Powers of the Judicial and Bar Council
The primary responsibility of the JBC is to
recommend to the President the appointees to
the Judiciary and the Office of the Ombudsman.
With this primary responsibility, the JBC
enhances the quality of the search, screening,
and selection process, as well as insulate the
process from undue influence of any kind.
The JBC may exercise such other functions and
duties as the Supreme Court may assign to it.

1. Chavez v. JBC: only one representative of
Congress
2. De Castro v. JBC: appointment in the Supreme
Court is not covered by the midnight
appointment rule
3. Jardeleza v. JBC: due process must be observed
in selection process to fill up vacancies in the
judiciary
4. Villanueva v. JBC: publication of rules affecting
qualifications of applicants
5. Aguinaldo v. Pres. Aquino: JBC cannot impair
the appointing powers of the President by
resorting to clustering of nominees
6. Republic v. Sereno: infirmity in the
qualifications may subject a member of S.C. to
quo warranto proceedings.

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

Powers and Functions of
the Supreme Court
Section 5. The Supreme Court shall have the following
powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of

the Supreme Court
any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
(c) All cases in which the jurisdiction of any lower
court is in issue.
(d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
(e) All cases in which only an error or question of
law is involved.

the Supreme Court
(3) Assign temporarily judges of lower courts to
other stations as public interest may require. Such
temporary assignment shall not exceed six months
without the consent of the judge concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the integrated bar,
and legal assistance to the underprivileged. Such
rules shall

the Supreme Court
provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.

Constitutional Commissions
Common Provisions
1. Prohibition on any member to hold any
other office or employment during their
tenure;
2. Proscription against engaging in the practice
of their profession or in active management or
control of any business which in any way may
be affected by the function of their office;
3. Prohibition against financial interest,
directly or indirectly, in any contract with, or in
any franchise or privilege granted by the
government, any of its subdivisions, agencies
or instrumentalities, including government-
owned or controlled corporations;

Common Provisions
4. Authority to promulgate their respective
rules concerning pleadings and practice before
it or before any of its offices, provided such
rules shall not diminish, increase or modify
substantive rights;
5. Review of en banc decisions by the Supreme
Court en banc; and
6. Authority to appoint their officials and
employees in accordance with law.

Independence of the CSC, COMELEC and COA
•1. The members of the Commissions have a fixed term of office.
1. The members of the Commissions have a
fixed term of office. [No temporary or acting
appointments]
2. The members of the Commissions cannot be
removed from office except by impeachment
and upon their expiration of their term.
3. The Commissions enjoy fiscal autonomy
with annual appropriation to be automatically
and regularly released.
•o temporary or acting appointments

Civil Service Commission - Composition,
Qualifications and Term of Office
Composition –
Chairman and two Commissioners
Qualifications –
All members of the Civil Service Commission shall
be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five
years of age, with proven capacity for public
administration, and must not have been
candidates for any elective position in the
elections immediately preceding their
appointment.

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

Powers, functions and jurisdiction
The Civil Service Commission is the central
personnel agency of the government. E
Characteristics of Civil Service:
1. Appointments are based on merit and
fitness.
2. A public servant has opportunity for career
advancement.
3. Every government employee enjoys security
of tenure.
Freedom to associate
Government employees have the right to form
organizations.
• members of the Commissions have a fixed term of office.

As the central personnel agency of the
government, the Civil Service Commission
embraces all branches, subdivisions,
instrumentalities, and agencies of the
government, including government owned- or
controlled corporations with original charters.

Cerilles v. CSC , G.R. No. 180845, June 6, 2018,
Caguioa, J –
The Court denied the Petition. The dismissal of
the employees violated the rules on
reorganization of offices. The Court noted that
Gov. Cerilles did not observe the following
guidelines:
First, an officer or employee may only be validly
removed from service pursuant to a bona
fide reorganization; in such case, there is no
violation of security of tenure and the aggrieved
employee has no cause of action against the
appointing authority.

Second, if, on the other hand, the
reorganization is done in bad faith, as when
the enumerated circumstances in Section 2 of
the law are present, the aggrieved employee,
having been removed without valid cause, may
demand for his reinstatement or
reappointment.

Third, officers and employees holding
permanent appointments in the old staffing
pattern shall be given preference for
appointment to the new positions in the
approved staffing pattern, which shall be
comparable to their former position or in case
there are not enough comparable positions, to
positions next lower in rank.

Lastly, no new employees shall be taken in
until all permanent officers and employees
have been appointed unless such positions are
policy-determining, primarily confidential, or
highly technical in nature.

COMELEC – Composition, Qualifications and
Term of Office
Composition –
Chairman and six Commissioners
Qualifications –
All members of COMELEC shall be natural-
born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years
of age, holders of a college degree, and must
not have been candidates for any elective
positions in the immediately preceding
elections. However, a majority thereof,
including the Chairman, shall be members of
the Philippine Bar who have been engaged in
the practice of law for at least ten years.

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

The Commission on Elections possesses quasi-
judicial and quasi-legislative powers. Its main
function is to enforce and administer all laws
and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and
recall .
COMELEC ensures clean, orderly and honest
elections.
a fixed term of office.

COMELEC is vested with the power to
conduct preliminary investigation and
prosecution of election offenses.
COMELEC is the canvassing body for the votes
of the members of the Senate and the party
list members of the House of Representatives.
COMELEC resolves election contests under its
jurisdiction.
f office.

PADPAO v. COMELEC, G.R. No. 223505, October
3, 2022, Caguioa – The Court ruled
Section 2(e), Rule III of COMELEC Resolution
No. 10015 as valid and constitutional.
The COMELEC did not gravely abuse its
discretion or exceed its jurisdiction in including
Private Security Service Providers and Private
Security Agencies within the ambit of those
persons required to secure written authority
from the COMELEC to bear, carry, and transport
firearms and other dangerous weapons outside
their place of residence, work, or within public
places during the election period.

COA – Composition, Qualifications and Term of
Office
Composition –
Chairman and two Commissioners
Qualifications
All members of COA shall be natural-born citizens
of the Philippines and, at the time of their
appointment, at least thirty-five years of age,
Certified Public Accountants with not less than ten
years of auditing experience, or members of the
Philippine Bar who have been engaged in the practice
of law for at least ten years and must not have been
candidates for any elective position in the elections
immediately preceding their appointment. At no time
shall all Members of the Commission belong to the
same profession.

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

Powers of the Commission on Audit –
1. Examine and audit all forms of government
revenues;
2. Examine and audit all forms of government
expenditures;
3. Settle government accounts;
4. Define the scope and techniques for its auditing
procedures;
5. Promulgate accounting and auditing rules;
including those for the prevention and disallowance
of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures; and
6. Decide administrative cases involving
expenditure of public funds.

The Commission on Audit is the watchdog of
public funds.
General Rule: Application of post audit system in
the conduct of audit.
Exception: Resort to pre-audit system if there is a
weak internal audit system.
Audit of non-government entities is allowed if such
receive any funds from government by way of
equity, financial assistance, grants or loans.
Example: Actual audit of NGOs set up by Napoles
which is the core issue in the pending PDAF cases.
Audit of sui generis organizations: PNRC, Boy
Scouts of the Philippines

Madera v. COA, September 8. 2020, Caguioa
– This case provided new guidelines to
determine the effects of disallowance on
payment of allowances and benefits beyond
the Salary Standardization Law:
a) the statutory bases for the liability of
approving and certifying officers and
payees for illegal expenditures;
b) the badges of good faith in determining
the liability of approving and certifying
officers;

Madera v. COA
c) the body of jurisprudence which
inequitably absolve responsible persons
from liability to return based on good faith;
and
d) the nature of the payees' participation
and their liability for return and the
acceptable exceptions as regards the
liability to return disallowed amounts on
the bases of unjust enrichment and solutio
indebiti.

National Economy and Patrimony
Regalian Doctrine: All lands of the public
domain, waters, minerals, coal, petroleum
and other mineral oils, all forces of potential
energy, fisheries, forests or timber, wildlife,
flora and fauna and other natural resources
are owned by the State (Sec. 2, Art. XII)

Exploration, development and utilization of natural
resources
Section 2, Article XII - The exploration,
development, and utilization of natural
resources shall be under the full control and
supervision of the State. The State may
directly undertake such activities, or it may
enter into co-production, joint venture, or
production-sharing agreements with Filipino
citizens, or corporations or associations at
least sixty per centum of whose capital is
owned by such citizens.

resources
The government may undertake the exploration,
development, and utilization of natural resources
through four modes:
(1) The State may directly undertake such activities;
(2) The State may enter into co-production, joint
venture or production-sharing agreements with
Filipino citizens or qualified corporations;
(3) Congress may, by law, allow small-scale utilization
of natural resources by Filipino citizens; or
(4) For the large-scale exploration, development and
utilization of minerals, petroleum and other mineral
oils, the President may enter into agreements with
foreign-owned corporations involving technical or
financial assistance. [La Bugal-B’Laan Tribal Assn. v.
Ramos (Jan. 2004)]

resources
Limits imposed on the concept of regalian doctrine under
Section 2, Article XII
1. Only agricultural lands of the public domain may be
alienated.
2. The exploration, development, and utilization of all
natural resources shall be under the supervision of the
State either by directly undertaking such exploration,
development, and utilization or through co-exploration,
joint venture, or production-sharing agreements with
qualified persons or corporations.
3. All agreements with the qualified private sector maybe
for only a period not exceeding twenty-five years,
renewable for another twenty-five years.

resources
4. The twenty- five year limit is not applicable to water
rights for irrigation, water supply, fisheries, or industrial
uses other than the development of hydropower, for which
beneficial use may be the measure and the limit of grant.
5. The use and enjoyment of the marine wealth of the
archipelagic waters, territorial sea, and exclusive
economic zone shall be reserved for Filipino citizens.
6. Utilization of natural resources in rivers, lakes, bays, and
lagoons may be allowed on a small scale to Filipino
citizens or cooperatives—with priority for subsistence
fishermen and fish workers ( Bernas, Primer, 461).

Proscription on the grant of franchise for public utility
to aliens
Section 11, Art. XII - No franchise, certificate, or
any other form of authorization for the
operation of a public utility shall be granted
except to citizens of the Philippines or to
corporations or associations organized under
the laws of the Philippines at least sixty per
centum of whose capital is owned by such
citizens, nor shall franchise, certificate or
authority be exclusive in character or for a
longer period than fifty years
Reminders:
1. Expiration of ABS-CBN Franchise
2. Infusion of foreign capital in Rappler (Article
XVI)

to aliens
Roy v. Herbosa, G.R. No. 207246, April 18,
2017, Caguioa – The Court upheld the SEC-
MC No. 8 which provides "xxx For purposes
of determining compliance [with the
constitutional or statutory ownership], the
required percentage of Filipino ownership
shall be applied to BOTH (a) the total
number of outstanding shares of stock
entitled to vote in the election of directors;
AND (b) the total number of outstanding
shares of stock, whether or not entitled to
vote xxx."

to aliens
The Court said the SEC issuance affirmed its ruling in
Heirs of Gamboa v. Teves -
[T]he fallo or decretal/dispositive portions of both
the Gamboa Decision and Resolution are definite,
clear and unequivocal. While there is a passage in the
body of the Gamboa Resolution that might have
appeared contrary to the fallo of the Gamboa
Decision xxx the definiteness and clarity of the fallo of
the Gamboa Decision must control over the obiter
dictum in the Gamboa Resolution regarding the
application of the 60-40 Filipino-foreign ownership
requirement to "each class of shares, regardless of
differences in voting rights, privileges and
restrictions."

Lands of public domain
Classification of the land of the public
domain:
Section 3, Art. XII - agricultural, forest or
timber, mineral lands, and national parks.
Agricultural lands of the public domain may
be further classified according to the uses to
which they may be devoted

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

Heirs of Sadwhani v. Sadwhani, G.R, No.
217365, August 14, 2019, Caguioa -The rule
is clear and inflexible: aliens are absolutely
not allowed to acquire public or private lands
in the Philippines, save only in
constitutionally recognized exceptions.
There is no rule more settled than this
constitutional prohibition, as more and
more aliens attempt to circumvent the
provision by trying to own lands through
another.

As the Spouses Sadhwani were Indian
nationals, the laws of succession under the
Civil Code do not apply. Therefore, the
complaint should have alleged, at the very
least, that petitioners were legal heirs of
their parents and were entitled to inherit the
Ritz Condominium Unit under the laws of the
Republic of India. As they failed to
sufficiently allege the basis for their right
under the national law of their parents,
petitioners failed to state a cause of action
over the condominium unit.

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