Salaries (Sec.10 Art.

6)
The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members
of the Senate and the House of Representatives approving such increase.

• Shall be determined by law.

• No increase shall take effect until expiration of full term of all members of Senate and House of
Representatives approving such increase.
They not look at their salaries, they look at something else...
Privileges (Sec. 11 Art. 6)
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or debate in the Congress or in any
committee thereof.

• Immune from arrest while Congress is in session only in offenses punishable by not more than 6
yrs.
o No difference between Regular session and Special session
o If a member of congress is detained for more than 6 yrs, the congressman cannot be allowed
to attend session
• Privilege speech – immunity from filing of cases regarding the content of the speech
o Congressman cannot be liable for the content of his privilege speech outside of the
congressional body.
o Includes utterances made by a congressman in the performance of their official function
such as speeches delivered while the congress is in session.
o The content of the bill cannot be a source of liability for a senator or a congressman.
• Should be in connection to his actions for the furtherance of the legislation.
• Participation in the media is not covered by such privilege, not an official function of any lawmaker.
• Privilege speech also covers immunity from disbarment complaint, but only if done for the
furtherance of legislation.
Disclosure (Sec. 17 Art. 11)

• 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 SALN.
• All members of the Senate and House of Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interest (Sec. 12 Art. 6)
o Includes direct and indirect financial interests.
o Amounts paid to and expenses incurred by each member
• Within 30 days upon assumption of office on or before April 15
Inhibitions (Sec. 13 Art. 6)
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 GOCCs or their
subsidiaries, during his term without forfeiting his seat. Neither shall be appointed to any office which
may have been created or the emoluments thereof increased during the term for which he was elected.

• Any office of the government shall be considered as an incompatible office.

o Forfeiture of the seat shall be automatic upon assumption of such office deemed
incompatible.
o PNRC is not a government office (Gordon v. Liban)
o Incompatible office – can still be appointed but have to forfeit the Senate or House seat
• Any office in the government that has been created or the emoluments thereof have been increased
during his term constitutes forbidden office.
 o Forbidden office – a member cannot be appointed even in exchange of his seat.
o Prohibition is only during the term of office
Disqualifications (Sec. 14 Art. 6)
No Senator or Member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise
or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.
Sessions (Sec. 15 Art. 6)
The Congress shall convene once every year on the fourth Monday of July for its regular session, unless
a different date is fixed by law, and shall continue to be in session for such number of days as it may
determine until thirty days before opening of its next regular session, exclusive of Saturdays, Sundays,
and legal holidays.
The President may call a special session at any time.

• If there’s an urgent bill that needs to be passed urgently

• The legislature could consider only the subject matter designated by the President.
• Majority officials shall constitute a quorum.
o Members outside the country are not included
o Majority of the Senate - Total number of the Senators in the country and within the coercive
jurisdiction of the Senate.
o Majority of the House- ½ plus one of the number of members of the house or within
coercive jurisdiction of the House.
o Majority of all members of the Congress – Combination of the two majorities
Bills originating from House of Representatives (Sec. 24 Art. 6)
All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the House of Representatives, but the Senate
may propose or concur with amendments.

• Bills authorizing increase of public debt – procurement of loan from private entity
• Private bills – purely private interest (franchise)
• Tariff bill – setting of duties to be imposed on imported article
• Bill of Local Application – involving local or municipal matters
• Revenue bill – levies tax and raises funds to the government (imposition of excise tax and VAT)
Limitations

• Every bill should embrace only one subject and should be expressed in the title of the bill.
• Must pass 3 readings on separate days and printed copies must be distributed 3 days before passage
of the bill
o 1st reading – reading of the no. and title, referral to the proper committee
o 2nd reading – bill is read in its entirety. Whole body can introduce their amendments
o 3rd reading – members register their votes, no amendments allowed, yeys and nays are
entered into journal
• Exception: President’s certification of necessity of immediate enactment, still need to pass 3
readings but can be done on the same day
Bicameral Conference Committee – Constitutional creation of Congress. Purpose: resolve conflicts
between the House and the Senate
 • Can adopt the bill entirely
• Can amend the bills
• Can revise
• Can reconcile the House bill and Senate bill
• May propose entirely new provisions not found either in the House Bill or Senate Bill.
o Amendments must be germane to the subject of the bill.
o Cannot change the subject of the bill
Approval of Bills (Sec. 27 Art. 6)
Every bill passed by Congress should be presented to the President before it becomes a law. If he approves
the same, he shall sign it. Otherwise, he shall veto it and return the same with his objections to the House
where it originated
A bill may become a law

• When the President signs it;

• When the President vetoes it but the veto is overridden by 2/3 vote of all members of each house;
• When the President does not act upon the measure within 30 days after it shall have been presented
to him.
Executive impoundment – non-allocation of funds on laws passed thru override when the president doesn’t
want to implement such law.
Doctrine of inappropriate provision - “Veto of a rider”, provision that does not relate to the initial provision
of the bill.
Powers of the Congress

• Legislative – general plenary powers: pass laws, appropriation, provide specific funds, taxation,
expropriation, legislative inquiry, question hour
• Non-legislative – quasi-judicial powers: canvassing of Presidential elections, declaration of
state of war, grant emergency powers for the presidents, propose Constitutional amendments,
impeachment, granting of amnesty
Legislative inquiry (Sec. 21 Art. 6)
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in
aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing
in or affected by such inquiries shall be respected.

• Power to issue summons and notices

• Power to punish or declare a person in contempt
• Power to determine the rules of its proceedings
• Limitations:
o Inquiry must be in aid of legislation
o Must be conducted in accordance with the published rules of procedure
o Rights of the person appearing in the inquiry must be respected
• Appearance is mandatory, needs presidential approval when decided not to appear
• The materiality of the question is determined not by the connection to any pending legislation, but
by its connection to general scope of the inquiry.
• If the question is no longer in aid of legislation but in aid of persecution, it will go beyond the power
of legislative inquiry that is beyond the scope of congressional powers.
• The power of legislative investigation includes the power to compel the attendance of the witness
and the power to ensure that said witness would be available to testify in legislative investigation.
• The witness cannot refuse to attend legislative inquiry by invoking his right against self-
incrimination, but may refuse to answer questions profounded to him during the actual inquiry.
 • Imprisonment of a person held in contempt could last not only during the session when the offense
was committed but until the final adjournment of the body.

Question hour (Sec. 22 Art. 6)

The heads of departments may upon their own initiative, with the consent of the President, or upon the
request of either House, as the rules of each House shall provide, appear before and be heard by such
House on any matter pertaining to their departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of Representatives at least three days before their
scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters
related thereto. When the security of the State or the public interest so requires and the President so states
in writing, the appearance shall be conducted in executive session.

• Obtain information in pursuit of Congress’ oversight function

• Oversight function to determine whether funds have been properly used
• Covers executive department heads to appear before the Congress to give account of their
stewardship.
• Department heads are invited to attend but cannot be compelled to appear before Congress.
• Department heads cannot impose their appearance.
o Upon their own initiative with the consent of the President and the house
o Upon request from either house
• Written questions shall be submitted to the president and to the Senate at least 3 days before the
scheduled appearance
• In keeping with the separation of powers, Congress may only request their appearance
Invocation of Executive Privilege

• The President, or thru executive secretary, may invoke a valid claim of Executive Privilege
• The person invoking the same must have presidential authority
• The President has the constitutional authority to prevent any member of the executive or the armed
forces to testify before the legislative inquiry by virtue of his/her position as commander-in-chief
• Only way to circumvent this is by judicial order, the president may be commanded by the judiciary
in order to compel the attendance of the military officer.
Non-Legislative Powers

• Canvassing of Presidential Elections

• Declaration of existence of state of war
• Delegation of Emergency Powers
• Calling for special elections for President and Vice-President
• Power to concur the treaties and amnesties
• Constitutional amendments
• Confirmation of appointments
• Impeachment
Power of Impeachment (Sec. 3 Art.11)
(1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or
by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper Committee within three session days
thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its report
to the House within sixty session days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that
purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without
the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section.

• Impeachment is a political exercise.

• Burden of proof lies with the prosecution
• Penalties to be imposed
o Removal from office
o Disqualification to hold any office
• Officers subject to impeachment
o President
o Vice-President
o Members of the SC
o Members of the Constitutional Commission
o Ombudsman
• Grounds for impeachment
o Bribery
o Graft and Corruption
o Treason
o Other high crimes
o Betrayal of public trust
o Culpable violation of the Constitution
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.
Judicial power (Sec. 1 Art. 8)

• Authority to settle justiciable controversies and disputes involving rights that are enforceable and
demandable before the courts of justice
• The power to redress violation of such rights
• To determine whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.
• The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
• There must be a law that gives rise to the specific right
o That law must be violated or must cover actual demandable rights
Jurisdiction (Sec. 2 Art. 8)
The Congress shall have the power to define, prescribe, and apportion the jurisdiction of various courts
but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

• Authority vested in court to hear and decide cases

• Defined by law. Congress shall have
• No law shall be passed increasing appellate jurisdiction
• SC members are not allowed to give advisory opinion
Justiciable Controversy

• There must be an Actual Controversy

o Conflict of legal rights
o Assertion of legal claims susceptible of judicial resolution
o There must be a contrast of legal rights that can be interpreted on the basis of existing law
and jurisprudence
o Facts are the basis of the actual controversy
o Moot question – an action is considered moot when it no longer represents justiciable
controversy because the issues involved had become academic, or when the matter has
already been resolved. There is nothing for the court to resolve as the determination thereof
has been overtaken by subsequent events, the facts of the case had already been changed
and there is no longer an actual controversy.
o Courts may still take cognizance of otherwise moot case if it finds:
▪ A grave violation of the Constitution
▪ The situation with exceptional character requires paramount public interest
▪ The constitutional issue requires formulation of controlling principle
▪ The case is capable of repetition yet evading any
• Interest of the parties must be adverse
o Locus Standi – personal and substantial interest to the case such that a party sustained
direct injury as a result of the governmental act that has been challenged
o The interest of the party must be personal and not one based on the desire to vindicate the
constitutional right of some third-party
o Elements
▪ The petitioner must have personally suffered some actual threat or injury
▪ The injury is fairly traceable to the challenging action
▪ The injury is likely to be redressed to by a favorable action
o 3rd party injury
 ▪ The litigant suffering injury must be giving him a sufficiently concrete interest
▪ The litigant must have a close relationship to the third party
▪ There must exist some hindrance to the third party to protect his own interest
o Taxpayer suit – there should be an actual injury on the petitioner, must be directly affected
by the alleged act
o Taxpayers are allowed to sue where there is a claim of
▪ If there are claims that public funds are illegally disbursed;
▪ Public money is being deflected to any improper purpose;
▪ There is a wastage of public funds to the enforcement of an invalid or
unconstitutional law; and
▪ The tax measure is unconstitutional.
o Before the taxpayer invokes the power of judicial review, he must specifically prove that he
has sufficient interest in preventing the illegal expenditure of money raised by the taxation,
and that he would sustain a direct injury as a result of enforcement of the questioned
statute or contract.
o Transcedental importance – issues that the courts may think or the parties may say affects
the country in general or governmental act has a profound effect on the government and
its citizen
o Guidelines:
▪ The character of the funds and the assets involved in the case
▪ Presence of a clear case of disregard of a constitutional or statutory provision by
the government agency
▪ Lack of any other party with more direct or specific interest in the question
• The matter in controversy is capable of being adjudicated by a judicial power
o Constitutional question must be raised in the earliest opportunity before a competent court
that can resolve the same
o Exceptions:
▪ Criminal case – at any time at the discretion of the court
▪ Civil case – at the stage of proceeding, if necessary, in the determination of the case
itself
▪ In every case – at any stage if it involves jurisdiction of the court
• The determination of the controversy result in practical relief to the complainant
o Unconstitutional act is not a law. It confers no rights, imposes no duties, creates no
protection, creates no office, and actually inoperative as if it has not been passed at all.
o Operative fact doctrine – applies basically as a matter of equity and fair play. It nullifies an
effect of an unconstitutional law by recognizing that the existence of a statute prior to a
determination of unconstitutionality is an operative fact and may have consequences which
cannot always be ignored. It legitimizes otherwise invalid acts done pursuant thereto
because of considerations of practicality and fairness.
o Political question – a question the resolution of which has been vested by the constitution
exclusively to the people and the exercise of their sovereign capacity, or in regard to which
full discretionary authority has been delegated to the equal branch of the government.
▪ The existence of constitutionally imposed limits justifies the subjecting of official
actions of any government instrumentality to the scrutiny review of the courts.
▪ The concept of political question would never preclude judicial review when the
act of a constitutional organ infringes upon a fundamental individual or collective
right.
▪ Examples:
• Rules of house of representatives
• Violation of parliamentary immunity
Judicial Independence and Autonomy
Decisional independence – judges' ability to render decision free from political or popular influence and
based solely on the individual facts and applicable law. Focuses on each particular judge and seeks to ensure
his/her ability to decide case with autonomy within the constraints of the law
Institutional independence – separation of the judicial branch to the executive and legislative branch,
focuses on the independence of the judiciary as an independent branch of the government and protects
judges as a class. Refers also to the collective independence of judiciary as a body.
Constitutional safeguards for both:

• The creation and abolition of courts is given to Congress. This power cannot be exercised in a
manner that could undermine the security of tenure of the judiciary and the abolition or the
regulation of the court must be done in good faith and not for political or personal reason.
• Congress may enact laws prohibiting courts from issuing restraining orders against admin acts in
controversy imposing facts or in exercise of jurisdiction
o Members of judiciary enjoys security of tenure
o Members of judiciary may not be designated to any other agency performing quasi-judicial
function except for those admin functions covering only the judiciary
o The salaries of justices and judges shall be fixed by law and cannot be decreased during
their continuance in the office
• Supreme court cannot be deprived of its given minimum appellate jurisdiction and Congress cannot
increase its appellate jurisdiction without its advice or concurrence
o Congress may only define enforceable demandable rights, or determine the court’s
jurisdiction to hear disputes controversies arising from legal rights
Fiscal Autonomy (Sec. 3 Art. 8)
The Judiciary shall enjoy fiscal autonomy. 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.

• Covers the grant to the judiciary of the authority to use and dispose of its funds and properties at
will free from any outside control and interference.
• Legal fees constitute not only vital source of court’s financial resources but also comprises essential
elements
Supreme Court in General

• Members may be removed through impeachment

o Impeachment – action done after the appointment
• May now be removed by quo warranto procedure (Republic v Sereno)
o Quo warranto – action done before the appointment
o Looks at the validity of the officer at the time of appointment and questions his/her
qualifications thereof
• Administrative supervision over all inferior court judges and personnel
• Exclusive power to discipline or dismiss judges and justices of inferior courts
• May order the temporary details of judges
• Can appoint all official members of the judiciary
•
Appointments of the Judiciary (Sec. 9 Art. 8)
The Members of the Supreme Court and judges of lower courts shall be appointed by the President from
a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days from the submission
of the list.

• Every prospective appointee of judiciary must apprise the appointing authority of every matter
bearing on his fitness for judicial office including circumstances that may reflect on his integrity
and probity
Rules on appointment and clustering of nominees

• The President shall appoint members of the SC and judges of the lower courts from a list of at least
3 nominees for each vacancy as prepared by the JBC
• No CA confirmation is needed for appointments in the judiciary
• Vacancies in the SC should be filled within 90 days from the occurrence of vacancy
• Vacancies in the lower courts should be filed within 90 days from the submission of JBC list
• Midnight appointments
o Express prohibition is unnecessary
• Mandamus will not lie to compel JBC to select and recommend nominees for vacant judicial
position
o There is no legal right to be included in the list of nominees for judicial vacancies
• Possession of constitutional and statutory qualifications for appointments in the judiciary may not
be used to legally demand that once they be included in the list of candidates for judicial function.
• Choosing a nominee is not a political question. The question of whether or not the nominee possess
the requisite qualifications is determined based on facts and therefore does not depend or call for
exercise of discretion on the part of operating body.
Qualifications (Sec. 7 Art. 8)
(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is
a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of
age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of
law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

• SC – At least 40 yrs old

o At least 15 years of practice of law in the Philippines
• Collegiate Courts must all be NATURAL born citizen of the Philippines
o At least 40 yrs old
o At least 10 yrs in the practice of law in the Philippines
• Lower courts (RTC Below) - citizen of the Philippines
o RTC – At least 35 yrs old
▪ At least 10 yrs in the practice of law in the Philippines
o MTC – At least 30 yrs old
▪ At least 5 yrs in the practice of Law in the Philippines
• A person should be of PROVEN competence, integrity, probity and independence
o To be of proven integrity, means that the applicant must have an established tests that
adheres to moral principle
• Other courts – as prescribed by Congress
Judicial and Bar Council (Sec. 8 Art. 8)
(1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of
the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as
ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private sector.
(2) The regular Members of the Council shall be appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two
years, and the representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record
of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme Court may assign to it.

• Principal function is to recommend appointees to the judiciary

1. Chief Justice – ex-officio Chairman
2. Secretary of Justice
3. Member of Congress
4. IBP representative – 4 years
5. Law professor – 3 yrs.
6. Retired SC judge – 2 yrs.
7. Private sector representative – 1 yr.
• They may receive emoluments as determined by SC
• SC Clerk may serve as their ex-officio secretary
• JBC can still submit list of nominees despite vacancy of the position of CJ or the ex-officio Chairman
• Most senior Justice who is not an applicant to the position shall seat on the vacant post and preside
over the proceedings
• SC will provide the annual budget for JBC
• Specific Sala – covers branch of RTC
• Function of screening, searching and selecting nominees as deemed as necessary.
• Criteria for every vacancy should only be the minimum qualifications required by the constitution.
Composition of the Supreme Court (Sec. 4 Art. 8)
(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 divisions of three, five, or seven Members. Any vacancy shall be filled within
ninety days from the occurrence thereof.

• SC is the only Constitutional Court as all other courts are created by law
• 1 CJ and 14 Associate Judges
• President cannot appoint a temporary member and any law that will authorize the president to do
the same is void
• Performs judicial functions only
• Chief Justice – Primos inter pares or First among equals
En banc (Par. 2 Sec. 4 Art. 8)
(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality, application, or operation
of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be
decided with the concurrence of a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon.

• Everyone
• Cases to be heard En Banc
o All cases involved in the constitutionality of a treaty, international or executive agreement,
executive issuances, election contests, discipline justices of lower courts
o Under Rules of Court – appeals from the Sandiganbayan and from Constitutional
Commission, cases where majority of 3 has not met
o Cases where SC modifies or reverses doctrines or principles laid down by the SC En Banc
or Division
o Election contests for President and Vice President
 o Receive cases to discipline or dismiss judges of the lower court
• Not an appellate court of division
• SC sitting en banc is not an appellate court vis-a-vis its Divisions, and it exercises no appellate
jurisdiction over the latter.
Division (Par. 3 Sec. 4 Art. 8)
(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority
of the Members who actually took part in the deliberations on the issues in the case and voted thereon,
and in no case, without the concurrence of at least three of such Members. When the required number is
not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down
by the court in a decision rendered en banc or in division may be modified or reversed except by the court
sitting en banc.

• Members are divided into 3, if divided into 3, all 3 members must decide
• All other cases are heard by Division.

Decisions (Sec. 14 Art. 8)

No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and
the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused due course
or denied without stating the legal basis therefor.

• All parties of the litigation must be informed of on how the litigation was decided, with the
explanation of factual and legal reason that led to the decision of the court.
• Provision does not apply on interlocutory order – it only refers to the decision on the merit and not
orders of the trial court resolving incidental matters.
• The significance of the factual finding lies in the values of the decision as precedent. For a decision
to be a precedent, there must be a factual comparison between the previous decision and the actual
controversy.
• SC can still issue minute resolutions
o It presupposes that the denial has already been explained and no new arguments had been
raised
o Should be on case-to-case basis
o Does not provide a precedent
• Memorandum decisions – the appellate court adopts the finding of fact and conclusion of law
contained in the decisions of the lower court, as long as the reference is attached to a memorandum.
• Time frame of the decisions
o SC – 24 Months from the submission or resting of the parties
o Collegiate courts – 12 months from submission
o Lower courts – 3 months from submission
o These periods are enforceable with leniency
•
Consultations (Sec. 13 Art. 8)
The conclusions of the Supreme Court in any case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a Member for the writing of the opinion of the
Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties. Any Member who took no part, or dissented, or
abstained from a decision or resolution must state the reason therefor. The same requirements shall be
observed by all lower collegiate courts.

• Ponente - writer of the decision

 • A certification to this effect must be signed by the Chief Justice and attached to the records of the
case and served upon the parties.
• Absence of the certification does not mean that there was no consultation prior to the assignment
of the case to a member of the Supreme Court. The presumption of regularity would still prevail.
• Any member who took no part, dissented or abstained to the decision or resolution must state the
reason thereof, and same requirement must be observed by all lower collegiate courts
Test

• Whether the rule really regulates procedure that is the judicial process for enforcing rights and
duties recognized by a substantive law and for a justly administering remedy
• If the rule takes away a vested right, it is not procedural.
• If the rule creates a right, it's not substantive
Administrative Supervision over Lower Courts (Sec. 6 Art. 8)
The Supreme Court shall have administrative supervision over all courts and the personnel thereof.

• Supervising the operations of agencies to ensure that they are manage efficiently, effectively and
economically without interference to day-to-day activities
• Administrative jurisdiction over a court employee belongs to the SC
• It is only the SC that can oversee the judges and court personnel in compliance with all laws take
proper administrative action against them if they commit violation and no other branch of the
government may intrude to this power without running afoul of the doctrine of separation of
powers.
• Ombudsman cannot determine for itself and by itself whether a criminal complaint against a judge
or court employee involves an administrative matter. The Ombudsman is duty bound to have all
cases against judges and court personnel filed before it refer to the SC for determination as to
whether an administrative aspect is involved.
Original Jurisdiction (Par.1 Sec. 5 Art. 8)
(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.
Appellate Jurisdiction (Par.2 Sec. 5 Art. 8)
(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 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.

Temporary Assignment of Judges (Par.3 Sec. 5 Art. 8)

(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.
Change of Venue or Place of Trial (Par.4 Sec. 5 Art. 8)
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
• Matter of venue rather than jurisdiction
 • Court may transfer the trial of cases from one court to another of equal rank whenever there is an
imperative of securing a fair impartial trial or preventing miscarriage of justice.
Rule-Making Power (Par.5 Sec. 5 Art. 8)
(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 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.
Privileges

• Independence of SC
• Administration
• Fiscal Autonomy
• Deliberative process privilege
o Deliberations done by the members of the court are strictly confidential and cannot be
disclosed without the approval of the court itself
o Courts must show that the documents are both pre-decisional and deliberative
▪ Pre-decisional – if it precedes the decision
▪ Deliberative – must show that it reflects a give and take of the consultative process
o Privileged Documents or Communications Subject to Disclosure
• Court actions as a result of raffles and actions taken by the court, each included
agenda of the court session, exempt
• Court deliberations done pending with the court
• Records which are pre-decisional and deliberative in nature
• Confidential information secured by justices, judges, officers and employees of the
court and the records of the cases that are still pending for the decisions are
privileged materials that cannot be disclosed
CONSTITUTIONAL COMMISSION (Art. 9)

• Independent branch of the government

• Has specific purpose
• Physically independent from other branches of the Government
• Cannot be abolished by law
• They perform vital function on the government
• Their integrity is protected
• Each commission has a power to promulgate their own rules and procedure
• They have physical autonomy
• Each commission has a power to decide by a majority vote of all its members within 60 days from
submission
• Each has institutional independence
• No one member can decide for the commission
• They exercise quasi-judicial functions
o SC still has the power over the decision
• Officers cannot be appointed in acting capacity
Fiscal Autonomy (Sec. 5 Art. 9-A)
The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be
automatically and regularly released.
Staggering Scheme

• Original members of the commission shall begin the terms on a common date;
• Any vacancy occurring before the expiration of the term shall be filed only for the balance of such
term
Disqualification (Sec. 2 Art. 9-A)
No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment.
Neither shall he engage in the practice of any profession or in the active management or control of any
business which in any way be affected by the functions of his office, nor shall he 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 or their subsidiaries.
Civil Service Commission Art. (9-B)

• Human Resource department of the Government

• Implement RA 6850
• Hear contested appointments
• Original jurisdiction to hear and decide cheating on CS exam
• Conduct grievance procedure on low level officials
• May revoke certificate of eligibility
• Integrate all HR development programs for all levels
Career Service

• Entrance based on merit and fitness to be determined as far as practicable by competitive

examinations, or based on technical qualifications
• Opportunity for advancement for higher career position
• Security of tenure
• Includes:
o Open career positions for appointment, exam is required
o Closed career positions w/c are scientific and technical in nature
o Positions in career executive service – USec, ASec, all appointed by President
 o Career officers other than those appointed by President – FSO in DFA
o Commissioned officers in the AFP
o GOCC Personnel who does not fall under non-Career service
o Permanent laborers
Non-Career Service

• Entrance based other than those of the usual test of merit and fitness utilized by career service
• Tenure which is limited to a period specified by law
• Includes:
o Elective officials and their personal and confidential staff
o Department heads and other Cabinet Officials
o Chairmen and commissioners and members of board
o Contractual personnel
o Emergency and seasonal personnel
Prohibition on Double Compensation (Sec. 8 Art. 9-B)
No elective or appointive public officer or employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.

• Additional Compensation – when for one and the same office for which compensation is fixed there
is add to such fixed compensation
• Double compensation – two sets of compensation from two different offices that held concurrently
by one officer
Commision on Elections

• Power and duty to enforce all laws and regulations related to the conduct of election, referendum,
plebiscite and default.
• COMELEC can take cognizance of any question on conduct of counting or plebiscite such as to
correct canvassers erroneously did during the conduct of canvassing.
• Ascertain the results of election or plebiscite
• There is no need for special legislation for the authorization of the conduct of recall election because
it is deemed included in the constitutional functions of the COMELEC
• Exercise exclusive original jurisdiction over all contest related to election returns and qualifications
of all elective regional, provincial and city officials.
• Election of SK is under jurisdiction of DILG
• Exercise appellate jurisdiction over all contest involving elective municipal officials decided by the
trial court of original jurisdiction and elective brgy officials.
o Decisions are final and executory
▪ Exceptions: Expanded judicial powers of SC questioning grave abuse of discretion
or lack of jurisdiction
• COMELEC has the power to deputize with concurrence of the President law enforcement agencies
and instrumentalities of the Government to ensure free orderly honest and peaceful elections.
• Can declare hot spots
• Register political parties and accredit citizen arms of the COMELEC
• Power to file verified complaint to prosecute violation of election laws and can deputize prosecution
for that purpose
Commission on Audit

• DI KO NA MASUNDAN AMBILIS MAGSALITA NI AD KAYO NAA BAHALA MAG-TAKE NOTE,

HAHAHAHA....