Silliman materials (2003)

POLITICAL LAW (Basics)

****What are the requisites for judicial inquiry?
A:
1. there must be an actual case or controversy;
2. the question of constitutionality must be raised by the proper party;
3. the constitutional question must be raised at the earliest opportunity; and
4. the decision of the constitutional question must be necessary to the determination of
the case itself (Dumlao vs. COMELEC)
SQ: Give examples of non-self executing provisions of the Constitution.
A:
By its very nature, Article II of the Constitution is a declaration of principles and state
policies. These principles in Article II are not intended to be self-executing principles ready for
enforcement through the courts. They are used by the judiciary as aids or as guides in the
exercise of its power of judicial review, and by the legislature in its enactment of laws. As held
in the leading case of Kilosbayan vs. Morato, the principles and state policies enumerated in
Article II and some sections of Article XII are not self-executing provisions, the disregard of
which can give rise to a cause of action in courts. They do not embody judicially enforceable
constitutional rights but guidelines for legislation. (Tanada vs. Angara (1997)
****SQ:
What is the enrolled bill doctrine?
A:
Under the enrolled bill doctrine, the signing of a bill by the Speaker of the House and the
President of the Senate and the certification by the secretaries of both Houses of Congress that it
was passed on date stated thereon are conclusive of its due enactment.
See the case of Arroyo vs. De Venecia [Mendoza] p. 38 306 QnA
****SQ:
Give the three (3) reasons why violation of the notice requirement in
termination cases (Labor cases) cannot be considered a denial of the due process clause
resulting in the nullity of the employees dismissal or layoff.
A:
First, due process clause of the Constitution is a limitation on governmental power. It
does not apply to the exercise of private power, such as the termination of employment under the
Labor Code.
Second, notice and hearing are required under the Due Process Clause before the power
of organized society are brought to bear upon the individual which is NOT the case of
termination of employment under Art. 283, Labor Code. In termination cases, the employee is
not faced with an aspect of the adversary system. The purpose for requiring a 30-day written
notice before an employee is laid off is not to afford him an opportunity to be heard on any
charge against him, for there is none. The purpose rather is to give him time to prepare for the
eventual loss of his job and the DOLE the opportunity to determine whether economic causes do
exist justifying the termination of his employment.
Third, is that the employer cannot really be expected to be entirely an impartial judge of
his own cause. (Serrano vs. Isetann Department Store (2000) MENDOZA)
SQ:

Distinguish dual citizenship from dual allegiance.

A:
Dual citizenship arises when, as a result of the concurrent application of the different
laws of two or more states, a person is simultaneously considered a national by the said states.
For instance, such a situation may arise when a person whose parents are citizens of a state
which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus
soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently a citizen
of both states.
Dual allegiance, on the other hand, refers to a situation in which a person simultaneously
owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary,
dual allegiance is the result of an individuals volition. (Mercado vs. Manzano [1999]
MENDOZA)
**** SQ:
Name six (6) provisions which insure the rights of tribal Filipinos to preserve
their way of life. (cultural communities/indigenous peoples)
A:
Art. II, Sec. 22 the State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Art. XII, Sec. 5 the State subject to the provisions of this Constitution and national
development policies and programs shall protect the rights of indigenous cultural communities to
their ancestral lands to ensure their economic, social and cultural well-being.
The Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of the ancestral domains.
Art. XIII, Sec. 6 the State shall apply the principles of Agrarian Reform xxx in the
disposition or utilization of other natural resources, including lands of the public domain under
lease or concession suitable to agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral lands.
Art. XIV, Sec. 17 the State shall recognize, respect and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions and institutions. It shall
consider these rights in the formulation of national plans and policies.
Art. XIII, Sec. 1 the Congress shall give the highest priority to the enactment of
measures that protect and enhance the right of all the people to human dignity, reduce social,
economic and political irregularities and remove cultural inequalities by equitably diffusing
wealth and political power for the common good.
Art. XVI, Sec. 12 the Congress may create a consultative body to advise the president
on policies affecting indigenous cultural communities, the majority of the members of which
shall come from such communities. (Cruz vs. Secretary of DENR, 2000)
SQ: State the various modes of, and steps in, revising or amending the Philippine
Constitution.
A:
There are three (3) modes of amending the Constitution:
First mode Article XVIII, Section 1 - Congress (sitting as a Constituent Body) may
by votes of all its members propose any amendment to or revision of the Constitution.

Under Section 4, Article XVII, to be valid, any amendment to or revision of the

Constitution must be ratified by a majority of the votes CAST in a plebiscite.
Second mode Article XVII, Section 3 - a constitutional convention may propose any
amendment to or revision of the Constitution. Congress may by 2/3 vote of ALL of its members
call a constitutional convention or by a majority vote of ALL its members submit the question
calling such convention to the electorate.
Under Section 4, Article XVII, to be valid, any amendment to or revision of the
Constitution must be ratified by a majority of the votes CAST in a plebiscite.
Third mode Article XVII, Section 2 the people may directly propose amendments to
the Constitution through initiative upon a petition of at least 12% of the total number of
registered voters, of which every legislative district must be represented by at least 3% of the
registered voters therein.
Under Section 4, Article XVII, to be valid, any amendment to or revision of the
Constitution must be ratified by a majority of the votes CAST in a plebiscite.
Note:
In Santiago vs. COMELEC, SC ruled that the constitutional provision on the right of the
people to propose AMENDMENTS to the Constitution through peoples initiative is NOT selfexecuting. The right of the people to directly propose amendments to the Constitution through
the system of initiative would remain entombed in the cold niche of the Constitution until
Congress provides for its implementation.
SQ:
A:

What are the three (3) systems of initiative?

1.
Initiative on the Constitution which refers to a petition proposing amendments
to the Constitution.
2.
Initiative on statutes which refers to the petition proposing to enact a national
legislation; and
3.
Initiative on local legislation which refers to a petition proposing to enact laws
of local application.

SQ:
A:

State the basic policies of the State on arts and culture.

1.
Foster the preservation, enrichment and dynamic evolution of a Filipino national
culture (Article XIV, Sec. 14)
2.
Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nations historical and cultural heritage and
resources, as well as artistic creations (Section 15, Art. XIV)
3.
State shall recognize, respect and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions and institutions.
(Sec. 17, Art. XIV)
4.
State shall ensure equal access to cultural opportunities through educational
system, public or private cultural entities, scholarships, grants and other
incentives. (Sec. 18[1], Art. XIV)

SQ: State the Constitutional policies or guarantees on education

A:
1. State shall protect and promote the right of all citizens to quality education at all
levels and shall take appropriate steps to make such education accessible to all. (Art.
XIV, Sec. 1)
2. establish, maintain and support a complete, adequate and integrated system of
education relevant to the needs of the people;
3. establish and maintain a system of free public education in the elementary and high
school levels. Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
4. establish and maintain a system of scholarship grants, student loan programs,
subsidies and other incentives which shall be available in both public and private
schools, especially to the underprivileged;
5. encourage non-formal, informal and indigenous learning systems, as well as selflearning, independent and out-of-school youth study programs particularly those
that respond to the community needs; and
6. provide adult citizens, the disabled, and out-of-school youth with training in civics,
vocational efficiency and other skills. (Sec. 2, Art. XIV)
SQ:
State the constitutional provision concerning protection to labor.
A:
State shall afford full protection to labor, local and overseas, organized and unorganized,
and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of the workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in accordance with
law.
They shall be entitled to security of tenure, humane conditions of work, and a living
wage. They shall also participate in the policy and decision-making processes affecting their
rights and benefits as may be provided by law.
The State shall promote the principles of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. (Sec.
3, Art. XIII)
SQ: State the constitutional provisions on social justice.
A:
1. Congress shall give the highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity, reduce social, economic and political
inequalities, and remove cultural inequities by equitably diffusing wealth and political power for
the common good.
To this end, the State shall regulate the acquisition, ownership, use and disposition of
property and its increments. (Sec. 1, Art. XIII)
2. Promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance. (Sec. 2, Art. XIII)

3. State shall promote social justice in all phases of national development (Sec. 10, Art.
II)
4. State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law. (Sec. 26, Art. II)
SQ: State the provisions of the Constitution that manifest economic protectionism of the
Philippines.
A:
1.
Certain areas of investments shall be reserved by Congress to citizens of the
Philippines or to corporations or associations at least 60% of whose capital or higher is owned by
Filipinos (Sec. 10, Art. XII)
2. Congress shall enact measures that will encourage the formation and operation of
enterprises whose capital is wholly-owned by Filipinos.
3. Preference shall be given to qualified Filipinos in the grant of rights, privileges and
concessions covering the national economy and patrimony.
4. Regulation and exercise of authority of the State over foreign investments within the
Philippines and in accordance with the national goals and priorities.
5. The franchises, certificates or any other form of authorization for the operation of
public utilities shall be granted only to citizens of the Philippines or to corporations at least 60%
of whose capital is owned by Filipinos. (Sec. 11, Art. XII)
6.
Promotion of preferential use of Filipino labor, domestic materials and locally
produced goods, and adoption of measures that help make them competitive. (Sec. 12, Art. XII)
7.
Ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such
citizens. (Sec. 11 [1], Art. XVI)
8.
Only Filipino citizens, corporations or associations at least 70% of the capital of
which is owned by such citizens shall be allowed to engage in the advertising industry. (Sec.
11[2], Art. XVI)
SQ:
A:

State the goals of the national economy as provided for in the Constitution.
1. A more equitable distribution of opportunities, income and wealth;
2. Sustained increase in the amount of goods and services produced by the nation for
the benefit of the people; and
3. An expanding productivity as the key to raising the quality of life of all, especially,
the underprivileged.
SQ: State the Constitutional provisions on women.
A:
Art. II, Sec. 12 The State shall equally protect the life of the mother and the life of the
unborn from conception.

Art. II, Sec. 14 The State recognizes the role of the women in nation building, and
shall ensure the fundamental equality before the law of women and men.
Art. XIII, Sec. 14 The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential in the
services of the nation.
SQ: State the Constitutional provisions on transparency in matters of public interest
A:
Art. II, Sec. 28 Subject to reasonable conditions prescribed by law, the State adopts
and implements a policy of full public disclosure of all its transactions involving public interest.
Art. III, Sec. 7 The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitation as may be provided
by law.
Art. VI, Sec. 20 The records and books of accounts of the Congress shall be preserved
and be open to the public in accordance with law, and such shall be audited by the Commission
on Audit which shall be publish annually an itemized list of accounts paid to and expenses
incurred for each Member.
Art. XI, Sec. 12 The Ombudsman and his deputies, as protectors of the people, shall
act promptly on complaints filed in any for or manner against public officials or employees of
the government, or any subdivision, agency or instrumentality thereof, including governmentowned or controlled corporations, and shall in appropriate cases, notify the complainants of the
action taken and the result thereof.
Art. XI, Sec. 17 A public officer or employee shall, upon assumption of office and as
often thereafter as may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other
constitutional offices, and offices of the Armed Forces with general or flag rank, the declaration
shall be disclosed to the public in the manner provided by law.
Art. XII, Sec. 21 Foreign loans may only be incurred in accordance with law and the
regulations of the monetary authority. Information on foreign loans obtained or guaranteed by
the government shall be made available to the public.
SQ: What are the qualifications of the Ombudsman and his Deputies?
A:
1. natural born citizens
2. at least 40 years of age at the time of appointment
3. of recognized probity and independence
4. member Philippine Bar
5. not have been candidates for any elective office in the immediately preceding
election
6. on the Ombudsman, must have at least 10 years or more, been a judge or engaged in
the practice of law in the Philippines. (Sec. 8, Art. XI)
SQ: State the Constitutional provision concerning the policy of the State on public office
and public officers.

A:
Public office is a public trust. Public officers and employees must, at all times, be
accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency,
act with patriotism and justice and lead modest lives. (Sec. 1, Art. XI)
SQ: Who are the public officers who may be removed by IMPEACHMENT?
A:
1. President
2. Vice-President
3. Chief Justice and Associate Justices of the Supreme Court
4. Chairmen and Members of the Constitutional Commissions
5. Ombudsman (Sec. 2, Art. XI)
****SQ:
Outline the procedure for impeachment.
A:
Only the House of Representatives has the power to initiate all cases of impeachment, but
before it can initiate, there must be:
1. Verified complaint for impeachment filed by any member of the Lower House or by
any citizen upon a resolution of endorsement by any member thereof;
2. Then, the complaint shall be included in the Order of Business within ten (10) session
days and referred to the proper Committee within three (3) session days;
3. The Committee, after the hearing and by a vote of a majority of its members, shall
submit its report to the Lower House within 60 days from referral together with the
corresponding resolution;
4. A vote of at least 1/3 of all members of the House shall necessary of either affirm a
favorable resolution or override a contrary resolution by the Committee. The vote of
each member shall be recorded; and
5. If the verified complaint is filed by at least 1/3 of ALL the members of the Lower
House, the same shall constitute the article of impeachment and shall be tried
immediately by the Senate. (Sec. 3, Art. XI)
SQ: What are the grounds for impeachment?
A:
1. culpable violation of the Constitution;
2. treason;
3. bribery;
4. graft and corruption;
5. other high crimes and
6. betrayal of the public trust (Art. XI, Sec. 2)
SQ: What are the qualifications of the members of the COMELEC?
A:
1. natural born citizens
2. at least 35 years of age at the time of their appointment
3. holder of college degree
4. must not have been candidates for any elective position in the immediately preceding
elections. Majority of the members, including the Chairman, shall be members of the

Philippine Bar who have been engaged in the practice of law for at least 10 years.
(Sec. 1, Art. IX-C)
SQ: What are the qualifications of the Chairman and members of the Civil Service
Commission?
A:
1. natural born citizens
2. at least 35 years of age at the time of their appointment
3. must not have been candidates for any elective position in the elections immediately
preceding their appointment. (Sec. 1[1], Art. IX-B)
SQ: Give some evidence of the independence of the Constitutional Commissions.
A:
1. salaries of their Commissioners are fixed by law and shall not be decreased during
their tenure; (Sec. 3, Art. IX-A)
2. they shall enjoy fiscal autonomy (Sec. 5)
3. the Commissioners can be removed by impeachment only (Art. XI, Sec. 2)
4. the President cannot designate an acting Chairman, like the Chairman of the
COMELEC.
SQ: What are the inhibitions on the members of the Constitutional Commissions?
A:
1. they cannot hold any other office or employment;
2. they cannot engage in the practice of any profession;
3. they cannot take part in the active management or control or any business which are
affected by the functions of their office; and
4. they shall not be financially interested, directly or indirectly, in any contract with, or
in any franchise or privilege granted by the Government, any of its subdivisions,
agencies or instrumentalities, including government-owned or controlled
corporations. (Sec. 2 Art. IX)
SQ:
A:

Give instances showing the independence of the judiciary.

1. the salaries of judges and justices cannot be reduced or diminished;
2. judges and justices have security of tenure, for they cannot be removed without just
cause;
3. justices of the Supreme Court can be removed only by impeachment;
4. judges and justices cannot be designated to perform non-judicial work;
5. the judiciary enjoys fiscal autonomy.

SQ: What are the exceptions to the rule that members of the judiciary may not perform
non-judicial function?
A:
1. when it sits as the sole judge of all contests relating to the election returns and
qualifications of the President and Vice-President
2. when the Chief Justice presides over the Senate in trying the impeachment case
against the President and Vice-President;
3. When the Chief Justice sits as ex-officio Chairman of the Judicial and Bar Council
4. When justices of the SC sit as members of the Senate and House Electoral Tribunals.

SQ: Give the powers of the Supreme Court.

A:
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 the lower courts in:
a) all cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance or regulation is in question;
b) all cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
c) all cases in which the jurisdiction of any lower court is in issue;
d) all criminal cases in which the penalty imposed is reclusion perpetua or
higher;
e) all cases in which only an error or question of law is involved.
3. assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed SIX months without the
consent of the judge concerned.
4. order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar and legal assistance to the underprivileged.
(the rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the
SC.
6. appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law. (Sec. 5, Art. VIII)
SQ: What are the qualifications of the members of the Supreme Court?
A:
1. natural born citizens
2. at least 40 years of age
3. have been for fifteen years or more a judge of a lower court or engaged in the practice
of law in the Philippines;
4. be a person of proven competence, integrity, probity and independence.
SQ: Who are the members of the Judicial and Bar Council?
A:
1. Chief Justice of the Supreme Court as ex officio chairman
2. Secretary of Justice
3. Representative of Congress as ex officio members
4. Representative of the Integrated Bar
5. Professor of Law
6. Retired member of the Supreme Court
7. Representative of the private sector. (Sec. 8[1] Art. VIII)

SQ:
A:

What are the evidences showing the independence of the President?

1. President can be removed by impeachment only. (Art. XI, Sec. 2)
2. his salary may not be increased or decreased during his term of office;
3. his executive actions cannot be supervised by the courts;
4. his executive power may not be impaired by Congress;
5. he cannot be sued during his term of office.

SQ: What are the qualifications of the President?

A:
1. natural born citizen
2. registered voter
3. able to read and write
4. he must be at least 40 years of age on the day of the election
5. he must have resided in the Philippines for at least 10 years immediately preceding
the election. (Art. VII, Sec. 2)
****SQ: Distinguish pardon from amnesty.
A:
1. Amnesty is addressed to political offenses; pardon refers to infractions of laws of the
state or ordinary offenses;
2. Amnesty is granted to a class or classes of persons; pardon is granted to individuals;
3. Amnesty need not be accepted, pardon must be accepted;
4. Amnesty requires the concurrence of Congress; pardon does not need the
concurrence of Congress;
5. Amnesty is a public act; pardon is a private act of the President;
6. Amnesty looks forward and puts the offense into oblivion; pardon looks backward
and relieves the pardonee of the consequences of the offense.
SQ:
A:

What are the limitations on the pardoning power of the President?

1.
it cannot be granted in cases of IMPREACHMENT;
2.
it cannot be granted in violations of ELECTION laws without the favorable
recommendation of the COMELEC.
3.
It can be granted only after conviction
4.
It cannot be granted in civil or legislative contempt;
5.
it cannot absolve the convict of civil liability;
6.
it cannot restore public offices forfeited.

SQ:
A:

Enumerate the powers of the President.

1. Appointment
2. Control and Supervision
3. Execution of laws (includes determination on whom to prosecute)
4. Impoundment
5. Military power a) call out AFP to prevent or suppress lawless violence etc.
b) declare martial law
c) create military tribunals
6. Veto power
7. Budgetary power - includes augmentation power

10

8.
Pardoning power includes commutation, reprieve, parole, amnesty, executive
clemency
9. Deportation
10. Contract and guarantee foreign loans
11. Treaty making and foreign relations includes nomination with CA consent of
ambassador, consuls other public ministers.
12. Residual power (IBP vs. Zamora)
SQ: Who are the officers who may be appointed by the President with the confirmation of
the Commission on Appointments?
A:
1. heads of executive departments;
2. ambassadors, and other public ministers and consuls;
3. officers of the Armed Forces from the rank of colonel or naval captain; and
4.
those whose appointments are vested in him by the Constitution, i.e., sectoral
representatives (Art. VII, Sec. 16)
SQ:
A:

What are the steps in the appointing process?

1. nomination by the President
2. confirmation by the Commission on Appointments
3. issuance of the commission and
2. acceptance by the appointee.

SQ: What are the kinds of appointments?

A:
Regular appointment require the confirmation of the CA before the appointee can
assume office. The President nominates, the CA confirms, and the President issues the
commission.
Ad interim appointment takes effect immediately. It is valid if it is confirmed by the
CA or until the next adjournment of Congress.
Recess appointment needs no confirmation by the CA. It is effective immediately, but
temporary in the sense that it is valid until disapproved by the CA or until the next adjournment
of Congress.
SQ: What are the limitations on the appointing power of the President?
A:
1. he cannot appoint relatives within the 4th civil degree of consanguinity or affinity
(Art. VII, Sec. 13[2])
2. two months prior to the regular election for President, he cannot appoint except
temporary appointments to executive positions when continued vacancies therein will prejudice
public service or endanger public safety. (Art. VII, Sec. 15)
3. appointments extended by an acting President shall remain effective, unless revoked
by the elected President within ninety (90) days from his assumption or reassumption of office.
(Art. VII, Sec. 14)
SQ:
A:

What are the prohibitions against the President and his official family?
1. they cannot hold any other office or employment during their tenure;
2. they cannot directly or indirectly participate in any business;
3. they cannot directly or indirectly practice their professions

11

4. they cannot directly or indirectly 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 (Art. VII, Sec. 13[1])
****SQ:
Summarize the rule on Presidential succession under Sec. 7 of Art. VII.
A:
1. if the President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified;
2. 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;
3. 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
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. (Art. VII, Sec. 7)
4. 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 House of Representatives who shall assume office upon confirmation by a
majority vote of ALL of the Members of both Houses of Congress voting SEPARATELY. (Art.
VII, Sec. 9)
SQ:
A:

State the powers of Congress and its other powers and functions.
the POWERS of Congress are:
a) Legislation
b) To discipline its Members
c) Treaty making/ratification powers
d) Appropriation
the other powers and functions are:
a) to act as a canvassing body for the Presidential and Vice-Presidential elections and
proclaim the persons duly elected. (Art. VII, Sec. 4[4])
b) to concur to amnesty granted by the President (Art. VII, Sec. 2)
c) the Senate shall concur to treaties or international agreements entered into by the
President (Art. VII, Sec. 21)
d) the House of Representatives shall initiate the impeachment process (Art. XI, Sec. 2)
e) the Senate shall try and decide all impeachment cases. (Art. XI, Sec. 3[6])

***SQ:
How does a bill become a law?
A:
Per Jimenez notes;
1. If the President approves a bill presented by the Congress to his Office.
2. By inaction of the President. That is his failure to communicate his veto of any bill to
the House where it originated within thirty (30) days after the date of receipt thereof.
3. When Congress overrides a veto of the President by a 2/3 vote of ALL members of
the House.
SQ:
A:

Outline the steps for a bill to become a law (legislative mill)

1. the majority floor leader schedules the bill for first reading;

12

2.
3.
4.
5.

proposed bill is referred to the Committees, i.e., labor, finance etc.

Committee shall conduct hearings in aid of legislation;
Committee redrafts the bill in accordance with the data gathered;
Bill is ready for sponsorship and is reported for second reading; floor debates and
amendments are introduced;
6. Bill is redrafted and submitted for third reading.
7. Bill is transmitted to the Senate/Lower House as the case may be, for another round
of three readings.
(Note: Suppose a Senate version went through three readings and a House version
went also on three readings, the next step is for the two Houses to create a conference
committee. After the conference committee has finally consolidated the Bill, the
House Speaker/President shall bring the Bill to the floor for final approval, there is
NO NEED for the yeas and nays anymore, it became an approved bill (in the case of
Arroyo vs. De Venecia (MENDOZA).
SQ:
A:

State the purposes of congressional inquiries.

1. to gather information for enactment of laws;
2. to check the performances of agencies of the government;
3. to check consequences or reactions of the public on laws passed; and
4. to check how money is being spent.

SQ:
A:

State some of the limitation on the power of Congress to investigate.

1. Bill of Rights;
3. Personal matters cannot be investigated;
4. Congress cannot investigate on matters not within its power to legislate; and
5. It cannot inquire into cases pending in court because of the principle of separation of
powers. (Bengzon vs. Senate Blue Ribbon Committee)

****SQ:
What are two (2) ways of questioning the VETO of the President?
A:
1. Repassage of the vetoed bill by 2/3 votes of ALL members of both Houses voting
separately.
2. Challenging before the Court as unconstitutional, meaning the veto was ultra vires.
In Bengzon vs. Drilon, it was ruled that a Bill made pursuant to a law existing for more than 30
years cannot be vetoed by the President without making the act as ultra vires.
Note: The veto message of the President is very important for the guidance of
Congress on what remedy to take. If only for policy and political considerations, the
Congress may override the same veto through repassage. The remedy for ultra vires veto is
to challenge the same before the Supreme Court.
SQ:
A:

State the qualification of party-list nominees.

Please see 306 Sandoval p. 31

SQ: What are the four (4) inviolable parameters to determine the winners in a
Philippine-style party-list election?

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A:
1.
The twenty (20%) percent allocation the combined number of all party-list
congressmen shall not exceed twenty percent of the total membership of the House of
Representatives, including those elected under the Party list.
2.
The two (2%) percent threshold only those garnering a minimum of two
percent of the total valid votes cast for the party list system are qualified to have a seat in the
House of Representatives.
3.
The three seat limit each qualified party, regardless of the number of votes it
actually obtained, is entitled to a maximum of three seats; that is, one qualifying and two
additional seats.
4.
Proportional representation the additional seats which a qualified party is
entitled to shall be computed in proportion to their total number of votes. (Veterans Federation
Party vs. COMELEC, 2000)
SQ: What are the two stages in eminent domain?
A:
1. the determination by the court of the authority to exercise it and the propriety of the
grant; and
2.
determination of compensation by the three (3) commissioners designated by the
court. The designation is compulsory.
SQ: What are the basic purposes of police power?
A:
1. to serve the general welfare, comfort and convenience of the people;
2. to promote and preserve public health;
3. to promote and protect public safety;
4. to maintain and safeguard public order;
5. to protect public morals; and
6. to promote the economic security of the people.
SQ: What are the requisites for the validity of rules and regulations promulgated by
administrative agencies?
A:
1. rules must be issued by authority of law;
2. rules must be within the scope and purview of the law; and
3. rules must be reasonable.
SQ: What are the requirements of administrative due process?
A:
1. impartial tribunal;
2. due notice and hearing or opportunity to be heard;
3. procedure consistent with the essentials of a fair trial and
4. proceedings should be conducted to give opportunity for a court to determine whether
the applicable rules of law and procedure were observed.
SQ:
A:

State the cardinal rights of a person in administrative investigation.

1. right to hearing;
2. tribunal must consider the evidence presented;
3. decision must have something to support itself;
4. evidence must be substantial;
5. decision must be rendered on the evidence presented;

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6. board or its judges must act on their own individual consideration of the law and the
facts in the controversy or they must be impartial; and
7. decision must be rendered in a manner that the parties may know the various issues
involved. (Ang Tibay vs. CIR)
SQ: What are the requisites of judicial review of administrative action?
A:
1. administrative action must have been completed known as the principle of the
finality of administrative action and
2. administrative remedies must have been exhausted known as the principle of
exhaustion of administrative remedies
SQ: What are the exceptions to the principle of exhaustion of administrative remedies?
A:
1. resort to administrative remedies is fruitless or of no value;
2. government agency is under estoppel;
3. question is purely legal;
4. lack of jurisdiction is the issue;
5. unreasonable delay or there is official inaction;
6. irreparable damage or injury would result;
7. doctrine of qualified political agency;
8. no other plain, speedy or adequate remedy in the ordinary course of law.
9. in land cases, where it is private land; and
10. special reasons or circumstances demand immediate court actions.
SQ: State the powers which a local government unit may exercise.
A:
1. continuous succession in its corporate name;
2. to sue and be sued;
3. have and use corporate seal;
4. acquire and convey real property or personal property;
5. enter into contracts; and
6. exercise such other powers as are granted to corporations, subject to limitations
provided in this Code and other laws.

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