ARTICLE I – THE NATIONAL TERRITORY The national territory of the Philippines comprises: 1. The Phili Philipp ppine ine archi archipe pelag lago o 2. With all all the islands islands and and waters waters embraced embraced therein therein 3. And And all all othe otherr terri territo tori ries es over over whic which h the the Phil Philip ippi pine nes s has has jurisdiction 4. Cons Consis isti ting ng of its its a. Terrestrial b. Fluvial; and c. Aerial domains 5. Incl Includ udin ing g its its a. Territorial sea b. The seabed c. The subsoil d. The insular shelves; and e. The other submarine areas 6. The The wa waters a. Around b. Between and c. Connecting d. The islands of the archipelago Regardless of their breadth and dimensions Form part of the INTERNAL WATERS of the Philippines
sove sovere reig ignt nty y or
CODE: TFA
CODE: TSSIO
CODE: ABCI
Definition of Archipelago Archipelago An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).
Definition of “all other territories over which the Philippines has sovereignty or jurisdiction” It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle Two elements: 1. The defini definition tion of intern internal al waters waters (as provide provided d above); above); 2. The straight baseline method of delineating the territorial sea – consists of drawing drawing straight straight lines lines connect connecting ing appropri appropriate ate points points on the coast coast without without departing to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines 1. Terr Terriitorial sea 2. Contiguous zone 3. Excl Exclus usiv ive e econ econom omic ic zone zone -
12 nautical miles (n.m.) 12 n.m. from the edge of the territorial sea 200 200 n.m. n.m. from from the the base baseli line ne [inc [inclu lude des s (1) (1) and and (2)] (2)]
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles SEC 1. The Philippines Philippines is a democratic democratic and republican republican State. Sovereignty Sovereignty resides resides in the people and all government authority emanates from them. Elements of a State (for municipal law purposes)
1. 2. 3. 4.
A community of persons, persons, more or less less numerous numerous (P ( PEOPLE) Permanently occupying a definite portion of territory ( TERRITORY) Independent of external control ( SOVEREIGNTY) Possessing an organized government to which the great body of inhabitants render habitual obedience (G ( GOVERNMENT)
Definition of “People”
1. 2. 3. 4.
CODE: PTSG
CODE: CNCH
A Community of persons; Sufficient in Number; Capable of maintaining the continued existence of the community; and Held together by a common bond of law.
Definition of “Sovereignty” 1. LEGA LEGAL L sove sovere reig ignt nty y a. The supre supreme me pow power er to make make law. law. b. It is is lodg lodged ed in in the the peop people. le. 2. POLI POLITI TICA CAL L sove sovere reig ignt nty y a. The sum sum total total of of all the the influen influences ces in a state, state, b. Lega Legall and and nonnon-le lega gal, l, c. Which Which dete determi rmine ne the the cours course e of law law..
3. According to the Principle of AUTO-LIMITATION : Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. Definition of “Government” 1. 2. 3. 4. 5.
That instituti institution on or aggre aggregate gate of instit institutio utions ns by whic which h an inde indepe pend nden entt societ society y makes makes and carries carries out out those those rules rules of actio action n which which are necess necessary ary to enab enable le men to to live in a social social state state or which which are imposed imposed upon upon the people people forming forming that that society society by those those who possess possess the power or authority of prescribing them.
Classification of governments 1. De jure 2. De facto
- one established by the authority of the legitimate sovereign - one established in defiance of the legitimate sovereign
Classification Classification of de of de facto governments
1. De facto proper a. b. c. d.
That gover governmen nmentt that gets gets posses possession sion and and control control of of or usurps usurps by force force or or by the the voice voice of majorit majority y the right rightful ful legal legal gove governm rnmen entt and maint maintain ains s itself itself against against the the will will of the the latter. latter.
2. Government of paramount paramount force
a. That which which is establ establishe ished d and maintai maintained ned by milita military ry forces forces b. who invad invade e and occupy occupy a territo territory ry of the the enemy enemy c. in the the cou cours rse e of of war war..
3. That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. Definition of “Republican State” It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people. Definition of Democratic State This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. SEC. 2. The Philippines Philippines renounces war as an instrument instrument of national policy, policy, adopts the generally accepted accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Kind of war renounced by the Philippines The Philippines only renounces AGGRESSIVE AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war. Some "generally "generally accepte accepted d principle principles s of internat internationa ionall law" recognized recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation deportation when his failure to leave the country is due to the fact that no country will accept him ( Mejoff v. Director of Prisons, Prisons, 90 Phil. 70) 2. The right of a country to establish military commissions to try war criminals ( Kuroda v. Jalondoni, 83 Phil. 171) 3. The Vienna Convention on Road Signs and Signals ( Agustin ( Agustin v. v. Edu, 88 SCRA 195) Amity with all nations This This does does not not mean mean autom automati atic c diplo diplomat matic ic recog recognit nition ion of all nation nations. s. recognition remains a matter of executive discretion.
Diplo Diplomat matic ic
SEC 3. Civilian Civilian autho authority rity is, is, at all times, times, supreme supreme over over the milita military. ry. The Armed Armed Forces of the Philippines Philippines is the protector protector of the people and the State. State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority/supremacy clause (1 st sentence) 1. Civilian Civilian authori authority ty simply means means the supremac supremacy y of the law because because authority authority,, under our constitutional system, can only come from law. 2. Under Under this clause, clause, the soldie soldierr renounces renounces politica politicall ambition. ambition. Mark of sovereignty (2 nd and 3rd sentences) 1. Positively, Positively, this clause clause singles singles out the the military as the guardian guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. 2. Negativ Negatively, ely, it is an expressi expression on of disapprov disapproval al of military military abuses. abuses.
SEC 4. The prime duty of the Governme Government nt is to serve serve and protect protect the people. people. The Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service. SEC. 5. The maintena maintenance nce of peace and order, order, the protection protection of life, liberty liberty and property, and the promotion of the general welfare are essential essential for the enjoyment enjoyment by all the people of the blessings of democracy. SEC. 6. The separation of Church and State shall be inviolable. Selected state policies SEC. 7. The State shall pursue pursue an independen independentt foreign policy. policy. In its relations relations with other states, the paramount consideration consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. self-determination. SEC. 8. The Philippines, Philippines, consistent with the national national interest, adopts and pursues pursues a policy of freedom from nuclear weapons in its territory. Policy of freedom from nuclear weapons 1. The The poli policy cy PRO PROHI HIBI BITS TS:: a. The possess possession ion,, control control and manufact manufacture ure of nuclear nuclear weapo weapons ns b. Nucl Nuclea earr arm arms s tes tests ts.. 2. The policy policy does does NOT prohibit prohibit the peacef peaceful ul uses of nuclea nuclearr energy. energy. SEC. 12. The State State recognizes recognizes the sanctity sanctity of family family life and shall shall protect and strengthen the family family as a basic autonomous autonomous social social institution. It shall equally protect the life of the mother and the life of the unborn from conception. etc. Principle that the family is not a creature of the state. Protection for the unborn 1. It is not not an assertio assertion n that the the unborn unborn is is a legal legal person. person. 2. It is not an asserti assertion on that that the life of of the unborn unborn is placed placed exactl exactly y on the level level of the life of the mother. mother. Hence, when when it is necessary to save save the life of the mother, the life of the unborn may be sacrificed. 3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6 th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception.
SEC. 16. The State shall shall protect and advance advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 1.
2.
Whil While e the the righ rightt to a bala balanc nced ed and healt healthf hful ul ecolo ecology gy is foun found d unde underr the the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran) The righ rightt to a balanc balanced ed and health healthful ful ecolog ecology y carries carries with with it the the correla correlativ tive e duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The The State State shall shall guaran guarantee tee equal equal acce access ss to opport opportuni unitie ties s for public public service, and prohibit political dynasties as may be defined by law. SEC. 27. The State shall shall maintain honesty honesty and integrity integrity in the public service service and take positive and effective measures against graft and corruption. SEC. 28. Subject to reasonable reasonable conditions prescribed prescribed by law, the State State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
ARTICLE III – BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Definition of “Police Power”: 1) 2) 3) 4) 5) 6) 7)
Power Power vested vested in in the leg legisl islatu ature re By the the Con Const stit itut utio ion n To make, make, orda ordain in,, and est estab ablis lish h All manner manner of wholesome wholesome and reasonable reasonable laws, statutes, statutes, and and ordinances ordinances Eithe Eitherr with with pena penalti lties es or witho without ut Not repugna repugnant nt to to the the constitu constitution tion As they shall shall judge judge to be for the good good and welfare welfare of the the commonwe commonwealth alth and of of the subjects of the same.
Aspects of “Due Process”:
1. Procedu Procedural ral due process process – refer refers s to the mode of proced procedure ure which gove governm rnmen entt agencies must follow in the enforcement and application of laws. 2. Substantive due process – prohibition against arbitrary laws. Note: PROCEDURAL DUE PROCESS: 1. A law law which which hears hears before before it cond condemns emns.. 2. Due Due proc proces ess s of law law cont contem empl plat ates es noti notice ce and and oppo opport rtun unit ity y to be hear heard d befo before re judgment is rendered affecting one’s person person or property property (Lopez (Lopez v. Dir. of Lands) Lands) 3. Due process process depend depends s on circumstance circumstances; s; it varies with with the subject subject matter matter and the necessities of the situation. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: C J N O H
1. A court or tribunal clothed with judicial power to hear and determine the matter before it. 2. Juris urisdi dict ctio ion n must must be lawf lawful ully ly acqu acquir ired ed over over the the pers person on of the the defen fendant or over ver the the prop roperty rty which hich is the the sub subject of the the proceedings. 3. The defendant must be given notice and an opportunity to be heard. 4. Judgment must be rendered upon a lawful hearing. For ADMINISTRATIVE ADMINISTRATIVE proceedings: proceedings: CODE: H E D S H I P
1. The right to a hearing, which includes the right to present one’s case 2. 3. 4. 5. 6.
7.
Note:
and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. Evidence supporting the conclusion must be substantial. The decision must be based on the evidence presented at the hearing or at least least conta containe ined d in the the record record and disclo disclose sed d to the the parti parties es affected. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered.
1. What is required is not actual hearing, hearing, but but a real real opportunity opportunity to be heard. heard. 2. The require requirement ment of due due process process can be satisfie satisfied d by subseque subsequent nt due hearing. 3. Violation of due due process: process: when when same person reviews his own own decision decision on appeal. 4. Notice and and hearing hearing are required required in judicial and quasi-judicia quasi-judiciall proceedings, proceedings, but not in the promulgation of general rule. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
1. The student must be informed in writing of the nature and cause of 2. 3. 4. 5. 6.
any accusation against them. The student shall have the right to answer the charges against him, with the assistance of counsel if desired. The student has the right to be informed informed of the evidence against him. The student has the right to adduce evidence in his own behalf. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. The penalty imposed must be proportionate to the offense.
Note: 1. The The scho school ol has has a cont contra ract ctua uall obli obliga gati tion on to affo afford rd its its stud studen ents ts a fair fair opportunity to complete the course a student has enrolled for. 2. Exceptio tions: 3. Serio Serious us brea breach ch of of discip disciplin line; e; or or 4. Failure Failure to maint maintain ain the the require required d academic academic stand standard. ard. 5. Proc Procee eedi ding ngs s in stud studen entt disc discip ipli lina nary ry case cases s may may be summ summar ary; y; cros crosssexamination is not essential Instances when hearings are NOT necessary:
1. When adminis administrati trative ve agencie agencies s are exercisi exercising ng their their quasi-legislative functions. 2. Abatement Abatement of nuisance of nuisance per se. se . 3. Granting by courts of provisiona of provisionall remedies. remedies. 4. Cases of preventive preventive suspension suspension.. 5. Removal of Removal of temporary employees in the government service. 6. Issu Issuan ance ce of warr warran ants ts of dist istrai raint and/or /or lev levy by the BIR Commissioner. 7. Cancellation of the passport of a person charged with a crime. 8. Issuance of sequestration of sequestration orders (considered a provisional remedy). 9. Judicial order which prevents an accused from travelling abroad in order to maintain the effectivity of the court’s jurisdiction. 10. Suspension of a bank’s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank. Note: 1. The The righ rightt to couns counsel el is a very very basi basic c requ requir irem emen entt of subst substan anti tive ve due due process and has to be observed even in administrative and quasi-judicial bodies. 2. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law. Requisites of SUBSTANTIVE due process: CODE: I M
1. The INTERESTS of the public generally, as distinguished from those of a particular class, requires the interference by the government and 2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Requirements of a valid ordinance: 1. 2. 3. 4. 5. 6.
Must not not contrav contravene ene the the Constitu Constitution tion or or any statut statute e Must Must not not be unfa unfair ir or or oppre oppressi ssive ve Must Must not not be parti partial al or discr discrimi imina nator tory y Must not prohibit prohibit,, but but may regulate regulate trade trade Must be be general general and and consiste consistent nt with with public public policy policy Must Must not not be unrea unreason sonab able le
When is a law VAGUE? 1. When it lacks lacks COMPREHE COMPREHENSIB NSIBLE LE STAND STANDARDS ARDS 2. That men men of ordinary intelligence intelligence must necessarily necessarily GUESS GUESS as to its meaning 3. And And diffe differr as to to its its appli applicat cation ion Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons before the law. It does not not demand absolute absolute equality. equality. It merely requires requires that all all persons shall shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. enforced. Requisites for valid classification for purposes of the equal protection clause The classification classificatio n must:
1. 2. 3. 4.
CODE: SGEE
Rest on SUBSTANTIAL DISTINCTIONS Be GERMANE to the purposes of the law NOT LIMITED TO EXISTING CONDITIONS only APPLY EQUALLY to all members of the SAME CLASS.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest Requ Requis isit ites es for for a vali valid d warr warran ant: t:
CODE CODE::
P J E D
1. It must be issued upon PROBABLE CAUSE. 2. The existence of probable cause is determined personally by the JUDGE. JUDGE. 3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. 4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. Definition of “PROBABLE CAUSE” For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. For the issuance of a search warrant:
Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.
Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established, unlike in the case of a warrant of arrest. Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE” The judge is NOT required to personally examine the complainant and his witnesses. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause ( Soliven v. Makasiar Makasiar , 167 SCRA 394). To be sure, the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary (Lim v. Felix). Procedure: 1. The judge judge personally personally evaluat evaluates es the report and support supporting ing documen documents ts submitted submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or 2. If on the the basis basis thereo thereof, f, the judge judge finds finds no proba probabl ble e cause cause,, he may disrega disregard rd the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause. Exami Examinat nation ion “UNDER “UNDER OATH OATH OR AFFIR AFFIRMA MATIO TION N OF THE THE COMP COMPLAI LAINA NANT NT AND AND WITNESSES” 1. The oath oath required required must refer refer to the truth of the facts facts within the person personal al knowledg knowledge e of the complainant or his witnesses witnesses because the purpose is to convince the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33). 2. The true test of sufficiency of an affidavit affidavit to to warrant the issuance issuance of a search warrant warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI). PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when the description therein is as specific as the circumstances circumstances will ordinarily allow or 2. When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and seizure or 3. When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued ( Bache and Co. v. Ruiz , 37 SCRA 823). JOHN DOE WARRANT A “John Doe” warrant can satisfy the requirement requirement of particularity of description description if it contains a descriptio personae such as will enable the officer to identify the accused (People v. Veloso, Veloso , 48 Phil. 159) GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH 1. Search Search made made as an inciden incidentt to lawfu lawfull arrest arrest A. An officer making making an arrest arrest may take take from the the person arrested: arrested:
i. ii. iii. iv. iv.
Any Any mon money ey or prop proper erty ty foun found d upo upon n his his pers person on whic which h was was used used in the the commission of the offense or Was the fruit thereof or Whi Which might furnish the prisoner with the means of committing violence or escaping or Whic Which h may may be use used d in in evi evide denc nce e in in the the tria triall of of the the case case
B. The search search must be made simultaneously simultaneously with the arrest arrest and it may only only be made in the area within the reach of the person arrested 2. Searc Search h of of movi moving ng vehicl vehicles es A. This exception exception is based based on exigency. exigency. Thus, Thus, if there is time to obtain obtain a warrant warrant in order to search the vehicle, a warrant must first be obtained. B. The search search of a moving vehicle vehicle must be based based on probable probable cause. 3. Seizure of of goods goods concealed concealed to avoid customs customs duties/auth duties/authorized orized under under the Tariffs and and Customs Code A. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. B. Exception: Exception: A search search warrant warrant is required required for the search search of a dwelling house. C. Searches under under this exception exception include searches searches at borders and and ports of of entry. Searches in these areas do not require the existence of probable cause 4. Seizu Seizure re of evid eviden ence ce in pla plain in view view A. To be a valid warrantless warrantless search, the articles must be open to the eye and hand. B. The peace peace office officerr comes upon upon them them inadve inadverten rtently. tly. 5. Waiv Waive er of of rig right ht A. Requisites of a valid waiver: waiver: i. ii. ii. iii. iii.
The right exists. The The pers person on had had act actua uall or cons constr truc ucti tive ve kno know wledg ledge e of the the exis existe tenc nce e of such right. Ther There e is an actu actual al inte intent ntio ion n to to reli relinq nqui uish sh such such righ right. t.
B. The right right against against unreasona unreasonable ble searches searches and seizures seizures is a personal personal right. Thus, only the person being searched can waive the same. C. Waiver requires requires a positive positive act from from the person. person. Mere Mere absence absence of opposition opposition is not a waiver. D. The search search made pursua pursuant nt to the waiver waiver must be made within within the scope scope of the waiver. Note: Checkpoints: Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte ( Valmonte V. De Villa) Villa ) 2. Carroll rule: warrantless warrantless search of a vehicle vehicle that that can be quickly quickly moved out of the locality or jurisdiction 1.
3. The 1987 1987 Constitution Constitution has has returned returned to the the 1935 rule that that warrants may be issued only by judges, but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order.
VALID WARRANTLESS ARRESTS 1. When the the person person to be arrested arrested has committ committed, ed, is actually actually committ committing, ing, or is about about to commit an offense in the presence of the arresting officer. 2. When When an offen offense se has in fact fact just been been committe committed d and the arrestin arresting g officer officer has personal knowledge knowledge of facts indicating that the person to be arrested has committed it. 3. When When the perso person n to be arre arrest sted ed is a pris prison oner er who has escap escaped ed from from a pena penall establishment or place where he is serving final judgment or temporarily confined while while his case case is pend pendin ing, g, or has has escap escaped ed while while bein being g transf transferr erred ed from from one one confinement to another. 4. Waive Waiverr of an inval invalid id arre arrest: st: When a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest. 5. Hot pursu rsuit A. The pursuit of the offender offender by the arresting officer must be continuous continuous from the time of the commission of the offense to the time of the arrest. B. There must be no supervening event which breaks the continuity of the chase. 6. Stop top an and fri frisk sk When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed, he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. self-protection. Should he find, however, a weapon on the suspect which is unlicensed, he can arrest such person then and there for having committed an offense in the officer’s presence. Section Section 3. 3. (1) The priv privacy acy of of communi communicat cation ion and and corres correspond pondence ence shall shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidenc evidence e obtained obtained in violatio violation n of this or the preceding preceding section section shall be inadmissible for any purpose in any proceedings. R.A. 4200 (Anti-Wiretapping Act) 1. The law does not not distinguish distinguish between between a party to the private private communication communication or a third third person. Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca) 2. The use of of a telephone telephone extension extension to overhear overhear a private conversation conversation is not a violation violation of R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone telephone extension extension is not purposely installed for the purpose of secretly intercepting or recording private communication. (Gaanan v. IAC, 145 SCRA 112) Types of communication protected: Letters, messages, telephone calls, telegrams and the like. Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding. proceeding. Howe Howeve ver, r, in the the abse absenc nce e of gove govern rnme ment ntal al inte interf rfer eren ence ce,, the the prot protec ecti tion on agai agains nstt unreasonable search and seizure cannot be extended to acts committed by private individuals. individuals. (People v. Martin) Martin )
Sect Sectio ion n 4. No law shal shalll be passe passed d abri abridg dgin ing g the the free freedo dom m of spee speech ch,, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances. What are considered protected speech: Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included within the meaning of speech. Prohibitions under Section 4 1. Prohibit Prohibition ion against against PRIOR PRIOR REST RESTRAIN RAINT T 2. Prohibit Prohibition ion agains againstt SUBSEQ SUBSEQUEN UENT T PUNISHME PUNISHMENT NT
Prohibition against prior restraint 1. Prior restraint restraint means means official official governmental governmental restrictions restrictions on the press or or other forms of of expression in advance of actual publication or dissemination. 2. Examp Examples les/fo /forms rms of prio priorr restrai restraint nt a. movi movie e cens censor orsh ship ip b. judicial judicial prior prior restrain restraintt = injunctio injunction n against against publica publication tion c. license license taxes taxes based based on gross gross receipt receipts s for the the privileg privilege e of engag engaging ing in the business of advertising in any newspaper d. flat license license fees fees for for the privileg privilege e of selling selling religiou religious s books When prohibition does not apply a. During a war. Ex. Government Government can prevent publication publication about the number/locations number/locations of its troops (Near v. Minnesota, 238 US 697) b. Obsce Obscene ne publi publica catio tions ns.. Standards for allowable subsequent punishment TEST 1. Dangerous Tendency Test
CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended.
2. Cle Clear and Pres resent Dan Danger Tes Test
The There should be a cle clear and prese resen nt danger that that the the words ords when hen used used unde underr such such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that that they they will will bring bring abou aboutt the subst substan antiv tive e evils that the State has a right to prevent.
3. Ba Balancing of Interests Test
The co courts sh should BA BALANCE th the PU PUBLIC INTER INTERES EST T served served by legis legislat lation ion on one one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The The cour courts ts will ill then then deci decide de where here the the greater weight should be placed.
Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of “core” speech, i.e. speech which communicates political, social or religious ideas. These enjoy the same degree of protection. Commercial speech, however, does not. Commercial Speech 1. A communication communication which no no more than proposes proposes a commercial commercial transaction. transaction. 2. To enj enjoy oy pro prote tect ctio ion: n: a. It must must not not be be false false or or mislead misleading; ing; and b. It should should not not propo propose se an illegal illegal transa transactio ction. n. 3. Even Even truthful truthful and lawfu lawfull commercial commercial speech speech may may be regulate regulated d if: a. Governme Government nt has has a substan substantial tial intere interest st to protec protect; t; b. The regul regulatio ation n directly directly advan advances ces that that interes interest; t; and c. It is not more extensive than is necessary to protect that interest. ( Central Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557) Unprotected Speech 1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered actionable, even if the words used are neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the person. The statements are not used to attack personalities but to give one’s opinion on decisions and actions.
B. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be aired regarding their public actua actuatio tions. ns. Comme Comment nt on their private private lives, lives, if not not germa germane ne to their their publ public ic personae, are not protected. 2. OBSCENITY
A. Test for obscenity (Miller obscenity (Miller v. California) California) i.
ii. ii. iii. iii.
Whet Whethe herr the the aver averag age e pers person on,, appl apply ying ing cont contem empo pora rary ry com commu muni nity ty standards would find that the work, taken as a whole, appeals to the prurient interest. Whe Whether the work dep depicts icts or des describ cribe es, in a paten tently tly offen fensive ive way, sexual conduct, specifically defined by law. Whet Whethe herr the the work work,, take taken n as a who whole le,, lack lacks s seri seriou ous s lite litera rary ry,, arti artist stic ic,, political or scientific value.
B. Procedure Procedure for seizure of allegedly allegedly obscene publications publications i. Auth Author orit itie ies s mus mustt app apply ly for for iss issua uanc nce e of of sea searc rch h war warra rant nt.. ii. ii. Cour Courtt mus mustt be be co convin nvince ced d tha thatt the the mate materi rial als s are are obsc obscen ene. e. Apply pply clear and present danger test. iii. iii. Judg Judge e wil willl det deter ermi mine ne wheth hether er they they are are in in fac factt “ob “obsc scen ene” e”.. iv. iv. Jud Judge will ill issu issue e a search rch warra rrant. v. Prop Proper er acti action on shou should ld be file filed d und under er Art. Art. 201 201 of of the the RPC. RPC. vi. Conviction is is su subject to to ap appeal. Right of Assembly and Petition 1. The standa standards rds for allowab allowable le impairmen impairmentt of speech and and press also also apply to the right right of assembly and petition.
2. Rules Rules on on assemb assembly ly in pub public lic place places: s: i.
Applica lican nt should info inform rm the the lice icensing ing autho thority rity of the the date, te, the the public lic place where and the time when the assembly will take place.
ii. ii.
The The appl applic icat atio ion n shou should ld be be file filed d ahea ahead d of tim time e to ena enabl ble e the the publ public ic off offic icia iall concerned to appraise whether there are valid objections to the grant of the permit or to its grant, but in another another public place. The grant or refusal refusal should be based on the application of the Clear and Present Danger Test.
iii. iii.
If the the pub publi lic c auth author orit ity y is of of the the view view tha thatt ther there e is an an immi immine nent nt and and gra grave ve danger of a substantive evil, the applicants must be heard on the matter.
iv. iv.
The The deci decisi sion on of of the the publ public ic auth author orit ity, y, whe wheth ther er favo favora rabl ble e or adve advers rse, e, must must be transmitted to the applicants at the earliest opportunity so that they may, if they so desire, have recourse to the proper judicial authority.
3. Rules Rules on assembly assembly in privat private e prope propertie rties: s: Only the consent consent of the owner of the property property or person person entitled entitled to possession possession thereof is required.
Section Section 5. No law shall shall be made respectin respecting g an establishme establishment nt of religion, religion, or prohibiting the free exercise exercise thereof. The free exercise exercise and enjoyment enjoyment of religious professio profession n and worship, worship, without without discrim discriminat ination ion or prefere preference, nce, shall shall forever forever be allowed. allowed. No religious religious test shall be required required for the exercise exercise of civil or political political rights. Clauses under Section 5 1. Non-e Non-esta stabli blishm shmen entt clau clause se 2. Free Free exe exerci rcise se of Relig Religion ion Distinction between the clauses ( School District v. Schempp, 374 US 203)
1. The non-establishment non-establishment clause does does not not depe depend nd upon upon any any show showing ing of direc directt governmental compulsion. It is violated by the enactment of laws which establish an offici official al religi religion on wheth whether er those those laws laws opera operate te direct directly ly to coerce coerce non-o non-obs bserv erving ing individuals individuals or not. The test of compliance with the non-establishme non-establishment nt clause can be stated as follows: follows: What are the purposes purposes and and primary effect of of the enactment? enactment? If eithe eitherr is the adva advance ncemen mentt or inhib inhibiti ition on of relig religion ion,, the law violat violates es the the nonnonestablishment establishment clause. Thus, in order for a law to comply with the non-establishment non-establishment clause, clause, two requisites requisites must be met. First, First, it has a secular secular legislative legislative purpose. purpose. Second, its primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws withdraws from legislative power the exertion of any restraint restraint on the free exercise exercise of religion. religion. In order to show show a violation of this this clause, the person affected must show the coercive effect of the legislation as it operates against against him in the practice of of his religion. While the freedom freedom to believe (non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to government regulation. Requisites for government aid to be allowable: 1. It must must have have a secular secular legisl legislativ ative e purpose purpose;; 2. It must have a primary effect effect that that neither neither advances advances nor inhibits inhibits religion; religion; 3. It must must not not require require excessive excessive entanglement entanglement with recipient recipient institutions. institutions.
Secti Section on 6. The The libert liberty y of abode abode and of chang changing ing the same same withi within n the limits limits prescribed by law shall not be impaired except upon lawful order of the court. Neithe Neitherr shall shall the right right to trave travell be impair impaired ed exce except pt in the interes interestt of nation national al security, public safety or public health, as may be provided by law. Rights guaranteed under Section 6: 1. Freedom Freedom to choo choose se and and change change one’s one’s place place of of abode. abode. 2. Freedom Freedom to to travel travel within within the coun country try and and outside outside.. Curtailment of rights: RIGHT 1. Liberty of abode
MANNER OF CURTAILMENT Lawful or order of of th t he co court an and wi within th t he lilimits prescribed by law.
2. Ri Right to travel
May be be cu c urtailed ev even by by ad administrative of officers (ex. passport passport officers officers)) in the interest interest of nationa nationall security, public safety, or public health, as may be provided by law.
Note: The right to travel and the liberty of abode are distinct from the right to return to one’s country, as shown by the fact that the Declaration of Human Rights and the Covenant Covenant on Human Rights have separate separate guarantees guarantees for these. these. Hence, the right right to return to one’s country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus) Manglapus ) Section Section 7. The right right of the people people to information information on matters matters of public concern concern shall be recognized. Rights guaranteed under Section 7 1. Right Right to informa information tion on matters matters of public public conce concern rn 2. Right Right of access access to officia officiall records records and and documen documents ts Persons entitled to the above rights Only Filipino citizens. Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized Recognized restrictions on the right of the people to information: 1. 2. 3. 4. 5. 6. 7. 8.
Natio Nationa nall sec securi urity ty matter matters s Intel Intellig ligen ence ce inform informati ation on Trad Trade e secr secret ets s Bank Bankin ing g transa transact ctio ions ns Diplom Diplomati atic c corre correspo spond nden ence ce Exec Execut utiv ive e ses sessi sion ons s Closed Closed door door cabi cabine nett meetin meetings gs Supre Supreme me Cou Court rt delib delibera eratio tions ns
Section Section 8. The right right of the people, people, including including those those employed employed in the public public and priva private te secto sectors, rs, to form form union unions, s, assoc associat iation ions, s, or societ societies ies for purpos purposes es not contrary to law, shall not be abridged. The right to form associations shall not be impaired without due process of law and is thus an aspect aspect of the right of liberty. liberty. It is also an aspect aspect of the freedom freedom of of contract. contract. In
addition addition,, insofar insofar as the association associations s may have for their object object the advanceme advancement nt of beliefs and ideas, the freedom of association is an aspect of the freedom of speech and expression, subject to the same limitation. The right also covers the right not to join an association. Government employees have the right to form unions. They also have the right to strike, unless there is a statutory ban on them. Secti Section on 9. Priv Private ate propert property y shall shall not be taken taken for public public use withou withoutt just just compensation. Who can exercise the power of eminent domain: 1) The natio nationa nall gove governm rnmen entt a. Congress b. Executi Executive, ve, pursuan pursuantt to legislat legislation ion enacted enacted by by Congress Congress 2) Local Local governm governmen entt units units,, pursu pursuan antt to an ordina ordinanc nce e enact enacted ed by their their respe respecti ctive ve legislative bodies (under LGC) 3) Public Public utiliti utilities, es, as may be delegate delegated d by law. law. When is the exercise of the power of eminent domain necessary? It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract exists between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract. Elements of the power of eminent domain 1) There There is a TAKIN TAKING G of private private property property 2) Takin Taking g is is for for PUBL PUBLIC IC USE USE 3) Payme Payment nt of JUS JUST T COMPE COMPENS NSATI ATION ON "TAKING" A. Elements: CODE: E P A P O
1. 2. 3. 4. 5.
The expropriator enters the property The entrance must not be for a momentary period, i.e., it must be permanent Entry is made under warrant or color of legal authority Property is devoted to public use Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property.
B. Compensable Compensable taking does not need need to involve all the property property interests which form part of the right of of ownership. When one or more of of the property rights rights are are appr approp opri riat ated ed and and appl applie ied d to a publ public ic purp purpos ose, e, ther there e is alre alread ady y a compensable taking, even if bare title still remains with the owner. "PUBLIC USE" 1. Public Public use, for purpose purposes s of expropria expropriation tion,, is synonymous synonymous with public public welfare welfare as the latter term is used in the concept of police power. 2. Example Examples s of public use use include include land reform reform and and socialize socialized d housing. housing. "JUST COMPENSATION" 1. Compe Compensa nsatio tion n is just if the the owne ownerr receiv receives es a sum sum equiv equivale alent nt to the market market value of his property. property. Market value value is generally defined defined as the fair value of of
the property as between one who desires to purchase and one who desires to sell. 2. The point point of referen reference ce use in determi determining ning fair fair value value is the value value at the time time the prope property rty was taken. taken. Thus, Thus, future future potent potential ial use of the the land land is not considered in computing just compensation. Judicial review of the exercise of the power of eminent domain 1. To determ determine ine the the adequa adequacy cy of the the compe compensat nsation ion 2. To determ determine ine the the nece necessity ssity of the the taking taking 3. To deter determi mine ne the "pub "publi lic c use" use" chara charact cter er of the takin taking. g. Howe Howeve ver, r, if the the expropriation is pursuant to a specific law passed by Congress, the courts cannot question the public use character of the taking. When municipal property is taken by the State: Compensa Compensation tion is required required if the property property is a patrimon patrimonial ial property property,, that that is, property property acquired by the municipality with its private funds in its corporate or private capacity. However, if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will. Point of reference for valuating a piece of property: General General rule: The value value must be that as of the time of the filing of the complaint complaint for expropriation. Excep Exceptio tion: n: When When the the filing filing of the case case comes comes later later than the time of taking taking and and meanwhile the value of the property has increased because of the use to which the expropriator expropriator has put it, the value is that that of the time of the earlier earlier taking. BUT if the value increased independently of what the expropriator did, then the value is that of the latter filing of the case. Section 10. No law impairing the obligation of contracts shall be passed. When does a law impair the obligation of contracts: 1) If it chan change ges s the terms terms and condi conditio tions ns of a legal legal contr contract act eithe eitherr as to the time or mode of performance 2) If it imposes imposes new conditi conditions ons or dispense dispenses s with those those expressed expressed 3) If it authorizes authorizes for for its satisfaction satisfaction something different from that provided in its terms. terms. A mere change in PROCEDURAL REMEDIES which does not change the substance substance of the contract, and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts. A valid exercise exercise of police police power power is superior to obligation of contracts. contracts. Secti Section on 12. 12. offense.
Rights Rights of perso person n under under inve investi stigat gation ion for the commiss commission ion of an
Rights of person under investigation for the Commission of an offense CODE: SCISI
1) 2) 3) 4)
Right to remain silent Right to have competent and independent counsel, preferably of his own choice Right to provided with the services of counsel if he cannot afford the services of one. Right to be informed of these rights.
When rights are available: 1) AFTER AFTER a person person has has been been taken taken into into custo custody dy or
2) When a person person is otherwise otherwise deprived deprived of his his freedom of action in any significant significant way. way. 3) When the investi investigati gation on is being conducte conducted d by the governm government ent (police, (police, DOJ, NBI) NBI) with respect to a criminal offense. 4) Signing Signing of arrest arrest repor reports ts and booki booking ng sheets. sheets. When rights are not available: 1) During a police police line-up. Exception: Exception: Once there is a move among the investigators investigators to elicit admissions or confessions from the suspect. 2) During During admin administra istrative tive investig investigatio ations. ns. 3) Confessions Confessions made by an accused accused at the the time he voluntarily surrendered surrendered to the police or outside the context of a formal investigation. 4) Stateme Statements nts made to a private private perso person. n. Exclusionary rule 1) Any Any conf confes essi sion on or admis dmissi sion on obta obtain ined ed in viol violat atio ion n of this this sect sectio ion n shal shalll be inadmissible in evidence against him (the accused). 2) Therefore, any evidence evidence obtained obtained by by virtue of an illegally obtained obtained confession confession is also inadmissible, being the fruit of a poisoned tree. Requisites of valid waiver: 1) Waive Waiverr should should be be made made in in WRITIN WRITING G 2) Waiver Waiver should should be made made in the the PRESENC PRESENCE E OF COUNSE COUNSEL. L.
Section 13. Right to bail Who are entitled to bail: 1) All pers person ons s ACTUA ACTUALL LLY Y DETAI DETAINE NED D 2) shall, shall, BEFOR BEFORE E CONV CONVICT ICTION ION 3) Be enti entitl tled ed to bail bail.. Who are not entitled to bail: 1) 2) 3)
Pers Person ons s char charge ged d with with offe offens nses es PUNI PUNISH SHAB ABLE LE by RECL RECLUS USIO ION N PERP PERPET ETUA UA or DEATH, when evidence of guilt is strong Persons Persons CONVI CONVICTED CTED by the the trial trial court. court. Bail Bail is only only discret discretiona ionary ry pendin pending g appeal. appeal. Persons Persons who are membe members rs of the AFP facing facing a court court martial martial..
Other rights in relation to bail. 1) The right right to bail shall shall NOT be impaired impaired even even when the privile privilege ge of the writ of habeas habeas corpus is suspended. 2) Excessi Excessive ve bail bail shall shall not be requ required ired.. Factors considered in setting the amount of bail: 1) Abil Abilit ity y to post post bail bail 2) Natu Nature re of of the the offe offens nse e 3) Pena Penalty lty impose imposed d by law law 4) Characte Characterr and reputati reputation on of of the accused accused 5) Heal Health th of of the the accu accuse sed d 6) Stren Strength gth of the the evid eviden ence ce 7) Probabil Probability ity of of appea appearing ring at the the trial 8) Forfeitur Forfeiture e of of previ previous ous bail bonds bonds 9) Whether Whether accuse accused d was a fugitiv fugitive e from justice justice when when arrested arrested 10) If accused is under under bond in other cases
Implicit limitations on the right to bail: 1. The person person claiming claiming the right must be in actual actual detention detention or custody custody of the law. law. 2. The constitut constitutiona ionall right is availab available le only in criminal criminal cases, not, e.g. e.g. in deporta deportation tion proceedings. Note: 1. Right Right to bail bail is not availabl available e in the the milita military. ry. 2. Apart from from bail, bail, a person person may attain attain provisional provisional liberty through through recognizance. recognizance.
Section 14. Rights of an accused Rights of a person charged with a criminal offense 1. 2. 3. 4. 5. 6. 7.
Right Right to to due due proces process s of law Right Right to be pres presume umed d inno innocen centt Right Right to be be heard heard by by himself himself and counsel counsel Right to be informed informed of the nature nature and cause of of the accusation accusation against him Right Right to have have a speed speedy, y, imparti impartial al and and public public trial trial Right Right to meet the witnesse witnesses s face face to face Right Right to have compulsor compulsory y process process to secure the atten attendan dance ce of witnesses witnesses and the the production of evidence in his behalf
“DUE PROCESS” This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. “PRESUMPTION OF INNOCENCE” The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed. Presumption of guilt should not be conclusive. “RIGHT TO BE HEAR BY HIMSELF AND COUNSEL” The right to be heard includes the following rights: 1. Right Right to be pres presen entt at the the tria triall A. The right to be present covers the period from ARRAIGNMENT ARRAIGNMENT to PROMULGATION of sentence. B. After arraignment, arraignment, trial may proceed proceed notwithstand notwithstanding ing absence absence of accused, accused, provided 2 requisites are met. Note, that trial in absentia is allowed only if the accused has been validly arraigned. (i) (i) (ii) (ii)
Accu ccused ha has be been du duly no notifi tifie ed; an and His His fai failu lure re to appe appear ar is unju unjust stif ifia iabl ble. e.
C. The accused may waive the right to be present at the trial by not showing up. However, the court can still compel the attendance of the accused if necessa necessary ry for identific identificatio ation n purposes purposes.. EXCEPTI EXCEPTION: ON: If the accused, accused, after after arraignment, has stipulated that he is indeed the person charged with the offense and named in the information, and that any time a witness refers to a name by which he is known, the witness is to be understood as referring to him.
D. Whil While e the the accu accuse sed d is enti entitl tled ed to be pres presen entt duri during ng prom promul ulga gati tion on of judgement, judgement, the absence of his counsel during such promulgation promulgation does not affect its validity. 2. Right to counsel (a) Right to counsel means the the right to EFFECTIVE EFFECTIVE REPRESEN REPRESENTATION. TATION. (b) If the accused accused appears appears at arraignment arraignment without without counsel, counsel, the judge judge must: (i) (i) Info Inform rm the the accu accuse sed d that that he has a righ rightt to a coun counse sell befo before re arraignment (ii) Ask the accused if he desires desires the the aid of of counsel counsel (iii) If the accused accused desires desires counsel counsel,, but cannot cannot afford afford one, a counsel counsel de oficio must be appointed (iv) If the accused accused desires desires to obtain obtain his own counsel, counsel, the court must give him a reasonable time to get one. 3. Right to an impartial judge 4. Right of confrontation and cross-examination cross-examinat ion 5. Right to compulsory process to secure the attendance of witnesses
“RIGHT “RIGHT TO BE INFOR INFORME MED D OF THE NATURE NATURE AND AND CAUSE CAUSE OF ACCUS ACCUSATI ATION ON AGAINST HIM” HIM” Purposes of the right: 1) To furnish furnish the accused accused with a descripti description on of the charge charge against against him as will enable enable him to make his defenses 2) To avail avail himself himself of his conviction conviction or acquitta acquittall against against a further further prosecutio prosecution n for the same cause 3) To inform inform the the court court of the the facts facts alleg alleged. ed. If the information information fails to allege the material elements of the offense, the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. “RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL” Factors used in determining whether the right to a speedy trial has been violated 1) 2) 3) 4) 5)
Time expi expired red from from the filin filing g of the the informa information tion Leng Length th of of dela delay y invol involved ved Reas Reason ons s for for the the dela delay y Assertion Assertion or or non-asser non-assertion tion of the the right right by the accused accused Prejudi Prejudice ce caused caused to the the defenda defendant. nt.
Effect of dismissal based on the ground of violation of the accused’s right to speedy trial If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal was made with the consent of the accused Remedy of the accused if his right to speedy trial has been violated He can move for the dismissal of the case. If he is detained, he can file a petition for the issuance of writ of habeas corpus.
Definition of impartial trial The accused is entitled to the “cold neutrality of an impartial judge”. It is an element of due process. Definition of public trial The attendance at the trial is open to all irrespective of their relationship relationship to the accused. accused. However, if the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded. The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if failed to object thereto.
“RIGHT TO MEET WITNESS FACE TO FACE” Purposes of the right: 1. To afford afford the accused an opportunity opportunity to cross-examine cross-examine the witness witness 2. To allow the judge judge the opportunity opportunity to observe observe the the deportment deportment of of the witness witness Failure of the accused to cross-examine a witness If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution, the testimony of the witness should be excluded. When the right to cross-examine is demandable It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations. Principal exceptions to the right of confrontation 1. The admissib admissibility ility of “dyin “dying g declara declaration tions” s” 2. Trial in absentia absentia under under Secti Section on 14(2 14(2)) 3. With With respe respect ct to to child child tes testim timon ony y
Section 16. All persons shall shall have the right to a speedy speedy disposition of their their cases before all judicial, quasi-judicial, or administrative bodies. Distinction between Section 14 and Section 16 While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE ADMINISTRATIVE proceedings. proceedings.
Section 17. No person shall be compelled to be a witness against himself. When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Distinction between an accused and an ordinary witness 1. An accused accused can refuse refuse to take take the witness witness stand by invokin invoking g the right against against selfselfincrimination.
2. An ordina ordinary ry witness witness canno cannott refuse refuse to take take the the stand. stand. He can only refuse refuse to to answer answer specific questions which would incriminate him in the commission of an offense. Scope of right 1.
2.
3.
What What is PROHI ROHIBI BITE TED D is the the use use of phy physica sicall or moral moral compu compuls lsio ion n to exto extort rt communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness. The right right does does NOT PROH PROHIBI IBIT T the exami examina natio tion n of the the body of the accuse accused d or the use use of finding findings s with with respe respect ct to his body body as physica physicall evide evidenc nce. e. Henc Hence, e, the fingerprinting of an accused would not violate the right against self-incrimination. However, obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification. The accus accused ed cannot cannot be be compelle compelled d to produce produce a private private docum document ent in in his posse possessio ssion n which which might tend to incrimina incriminate te him. However However,, a third third person in custody custody of the document may be compelled to produce it.
When the right can be invoked: 1. In cri crimi mina nall case cases s 2. In administ administrativ rative e proceedin proceedings gs if the accused accused is liable liable to a penalty penalty (Ex. Forfeiture Forfeiture of property) Who can invoke the right: Only natural persons. persons. Judicial persons persons are subject to the visitorial powers powers of the state in order to determine compliance with the conditions of the charter granted to them.
Section 18. Right against involuntary servitude Definition of involuntary servitude It is every condition of enforced or compulsory service of one to another another no matter under what form such servitude may be disguised. Exceptions: 1. Punishm Punishment ent for for a crime for which which the party party has has been duly duly convicte convicted d 2. Persona Personall military military or civil service service in the interest interest of nation national al defense defense 3. Return Return to work work order issued issued by the the DOLE Secre Secretary tary or the the Presiden Presidentt
Section 19. Prohibition against cruel, degrading and inhuman punishment When is a penalty “cruel, degrading and inhuman”? 1. A penalty penalty is cruel cruel and inhum inhuman an if it involve involves s torture torture or lingerin lingering g suffering suffering.. Ex. Being Being drawn and quartered. 2. A penalt penalty y is degra degrading ding if it expo exposes ses a person person to public public humilia humiliation tion.. Ex. Being Being tarred tarred and feathered, then paraded throughout town. Standards used: 1. The punishm punishment ent must not not be so severe as to be degrad degrading ing to the dignity dignity of human human beings. 2. It must must not be applied applied arbitrar arbitrarily. ily. 3. It must must not be unac unaccept ceptabl able e to contemp contemporar orary y society society 4. It must not not be excessive excessive,, i.e. it must serve serve a penal penal purpose purpose more effect effectivel ively y than a less severe punishment would.
Excessive fine A fine is excessive, excessive, when when under any any circumstance, circumstance, it is disproportio disproportionate nate to the offense. Note: Fr. Bernas says that the accused accused cannot cannot be convicted of the crime to which which the punishm punishment ent is attache attached d if the court finds that the punishm punishment ent is cruel, cruel, degradi degrading ng or inhuman. Reason: Without a valid penalty, the law is not a penal law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Definition of debt under Section 20 1) Debt Debt refers to a CONTRAC CONTRACTUAL TUAL obligat obligation, ion, whether whether express express or implied, implied, resulting resulting in any liability liability to pay money. money. Thus, Thus, all other types of obligati obligations ons are not within within the scope of this prohibition. 2) Thus, Thus, if an accus accused ed fails fails to pay the fine impos imposed ed upon upon him, him, this may result result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu. 3) A FRAUDULENT FRAUDULENT debt may may result result in the imprisonment imprisonment of the debtor if: A. The fraudulent fraudulent debt debt constitutes constitutes a crime such such as estafa estafa and B. The accus accused ed has has been been duly duly convicte convicted. d.
Section 21. No person shall shall be twice put in jeopardy jeopardy of punishment for the same same offense. offense. If an act punished punished by a law and an ordinance ordinance,, conviction conviction or acquittal acquittal under either shall constitute a bar to another prosecution for the same act. Requisites for a valid defense of double jeopardy: CODE: ATS
1) First jeopardy must have attached prior attached prior to the second. 2) The first jeopardy must have terminated. 3) The second jeopardy must be for the same offense as that in the first. When does does jeopardy jeopardy ATTACH: ATTACH: (1st requisite) CODE: CICAV 1) A per perso son n is is cha charg rged ed 2) Unde Underr a compl complai aint nt or informa informatio tion n suffi sufficie cient nt in form form and and subst substan ance ce to susta sustain in a conviction 3) Before Before a court court of compet competent ent jurisdict jurisdiction ion 4) After After the the pers person on is is arrai arraign gned ed 5) Such Such perso person n enter enters s a valid valid plea plea.. When does jeopardy NOT attach: 1) If informa information tion does does not not charge charge any offen offense se 2) If, upon pleadin pleading g guilty, guilty, the accused accused presents presents evidence evidence of complete complete self-defe self-defense nse,, and the court thereafter acquits him without entering a new plea of not guilty for accused. 3) If the information information for an offense cognizable cognizable by the the RTC is is filed with with the MTC. MTC. 4) If a complaint complaint filed filed for prelimina preliminary ry investiga investigation tion is dismisse dismissed. d. When does first jeopardy jeopardy TERMINATE: TERMINATE: (2ND REQUISITE) 1) 2) 3) 4)
Acquittal Convic victio tion Dismissa Dismissall W/O the EXPR EXPRESS ESS consen consentt of the the accused accused Dismis Dismissal sal on the merits merits..
Examples of termination of jeopardy: 1) Dismis Dismissal sal base based d on viola violatio tion n of the right right to a speed speedy y trial. trial. This This amoun amounts ts to an acquittal. 2) Dismissa Dismissall based based on a demurrer demurrer to evidenc evidence. e. This is a dismis dismissal sal on the merit merits. s. 3) Dismissa Dismissall on motion of the prosecut prosecution ion,, subsequen subsequentt to a motion motion for reinvest reinvestigat igation ion filed by the accused. 4) Discharge of an an accused accused to be be a state witness. This amounts amounts to an an acquittal. acquittal. When can the PROSECUTION appeal from an order of dismissal: 1) If dismissa dismissall is on motion motion of of the accus accused. ed. Excepti Exception: on: If motion motion is based based on on violati violation on of the right to a speedy trial or on a demurrer to evidence. 2) If dismissal dismissal does NOT amount amount to an an acquittal acquittal or dismissal on on the merits merits 3) If the ques question tion to to be passed passed upon upon is purel purely y legal. legal. 4) If the dismissal dismissal violates violates the right of due process process of the prosecution. prosecution. 5) If the dismiss dismissal al was made made with grave grave abuse abuse of discre discretion tion.. What are consid considere ered d to be the “SAME “SAME OFFENSE” OFFENSE”:: Section 21)
(under (under the 1 st sentence of
1) Exact identity identity between between the the offenses offenses charged charged in the first and second second cases. cases. 2) One offense offense is an attempt attempt to commit or a frustration frustration of the other other offense. offense. 3) One offense offense is necessarily necessarily included included or necessary necessary includes includes the the other. other. Note: where a single act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of the exceptions apply. Definition of double jeopardy (2 nd sentence of Sec. 21) Double jeopardy will result if the act punishable punishable under the law and the ordinance ordinance are the same. For there to be double jeopardy, it is not necessary that the offense be the same. SUPERVENING FACTS 1) Under the Rules of of Court, a conviction for for an offense offense will will not bar a prosecution prosecution for an offense which necessarily includes the offense charged in the former information where: A. The graver offense developed developed due to a supervening supervening fact arising from the same act or omission constituting the former charge. B. The facts facts constitutin constituting g the graver offens offense e became known known or were discovere discovered d only after the filing of the former information. C. The plea plea of guilty to the lesser lesser offense offense was was made without without the consen consentt of the fiscal and the offended party. 2) Under (1)(b), (1)(b), if the facts could could have been discovered discovered by the prosecution prosecution but were were not discovered because of the prosecution’s incompetence, it would not be considered a supervening event. Effect of appeal by the accused: If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole whole case will be open to review by the appellat appellate e court. Such Such court may even increase the penalties imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted. Definition of ex-post facto law.
1) One One which which makes makes an actio action n done befor before e the passing passing of the law, law, and and which which was innocent when done, criminal, and punishes such action. 2) One which which aggravates aggravates the the crime or makes it greater greater than when it was committed. committed. 3) One One which which change changes s the the punis punishm hmen entt and and inflic inflicts ts a greate greaterr puni punishm shmen entt than than that that which the law annexed to the crime when it was committed. 4) One which which alters alters the legal legal rules of eviden evidence ce and receive receives s less testimon testimony y than the the law required at the time of the commission of the offense in order to convict the accused. 5) One One whic which h assu assume mes s to regu regula late te civi civill righ rights ts and and reme remedi dies es only only BUT, BUT, in effe effect ct,, imposes a penalty or deprivation of a right, which, when done, was lawful. 6) One which which deprive deprives s a person accus accused ed of a crime crime of some lawful lawful protec protection tion to which which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. Definition of BILL OF ATTAINDER 1) A bill of attainde attainderr is a LEGISLA LEGISLATIVE TIVE act act which inflicts inflicts punish punishment ment W/O JUDICI JUDICIAL AL trial. 2) The bill bill of attaind attainder er does does not need need to be directe directed d at a specific specifically ally named named person person.. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. 3) Eleme Elements nts of of the bill bill of of attai attaind nder er A. There must be a LAW. B. The The law law impo impose ses s a PENA PENAL L burd burden en on a NAME NAMED D INVI INVIDI DIDU DUAL AL/E /EAS ASIL ILY Y ASCERTAINABLE ASCERTAINABLE MEMBERS MEMBERS of a GROUP. C. The penal penal burden burden is imposed imposed DIRECTLY DIRECTLY by the LAW LAW W/O JUDICIAL JUDICIAL trial. trial.
ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines? 1) Those Those who are citizen citizens s of the Philipp Philippin ines es at the time time of the adop adoptio tion n of the 1987 1987 Constitution 2) Those Those whose whose fathers fathers or mothers mothers are citizens citizens of the the Philippin Philippines. es. 3) Thos Those e born born befo before re Janu Januar ary y 17, 17, 1973 1973 of Fili Filipi pino no moth mother ers, s, who who elec electt Phil Philip ippi pine ne citizenship upon reaching the age of majority. 4) Those Those who are are natura naturalize lized d in accorda accordance nce with with law. law. Modes of acquiring citizenship: 1) Jus Soli Soli – acquisiti acquisition on of citizen citizenship ship on the the basis basis of place place of birth 2) Jus Sanguinis Sanguinis – acquisition of citizenship citizenship on the basis basis of blood blood relationship relationship 3) Naturaliz Naturalizatio ation n – the legal legal act of adopting adopting an alien and and clothing clothing him with the privileg privilege e of a native-born citizen. Note: The Philippines follows (2) and (3) Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. citizenship. Hence, her child would would have to elect Filipino citizenship citizenship upon reaching reaching the
age of majority. Under the 1973 Constitution, Constitution, however, however, children born of Filipino mothers were already considered considered Filipinos. Filipinos. Therefore, Therefore, the provision on election election of citizenship citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. Constitution. In order for the children to elect Filipino citizenship, citizenship, the mothers must have been Filipinos Filipinos at the time of their their marriage. So, if your mother mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching the age of majority. When must the election be made: The election must be made within a reasonable period after reaching the age of majority. Effects of naturalization naturalization:: 1) The legitimate legitimate minor minor children of the naturalized naturalized father become Filipinos as as well. 2) The wife wife also also becom becomes es a Filip Filipino ino citize citizen, n, provid provided ed that she does not have have any disqualification which would bar her from being naturalized. Natural-born citizens: 1) Citizens Citizens of the Philip Philippine pines s from birth who who do not need to perform perform any any act to acquire acquire or perfect their Philippine citizenship. 2) Those who who elect Philippine Philippine citizenship citizenship under under Art. IV, IV, Sec. 1(3) 1(3) of 1987 Constitution. Constitution. Marriage of Filipino with an alien:
1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it. Examples of renunciation of Philippine citizenship: 1) Volunta Voluntarily rily obtai obtainin ning g foreign foreign passport passport 2) Pledg Pledging ing allegia allegiance nce to anot anothe herr coun country try (ex. (ex. by becom becomin ing g a natur naturali alized zed citizen citizen of another country) Re-acquisition Re-acquisition of citizenship citizenship Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation proceeding proceedings. s. This involves taking taking an oath of allegiance and filing the same with the civil registry. How may one lose citizenship: 1. 2. 3. 4. 5.
By naturaliz naturalizatio ation n in a foreig foreign n countr country y By express express renuncia renunciation tion of citizens citizenship hip By subscrib subscribing ing oath oath or allegia allegiance nce to a foreig foreign n Constitu Constitution tion By servin serving g in the the armed armed forces forces of of an enemy enemy country country By being being a desert deserter er of the the armed armed forces forces of one’s one’s count country ry
How may one reacquire citizenship: 1. By direct direct act of Cong Congres ress s 2. By natu natura rali liza zati tion on 3. By repa repatr tria iati tion on
ARTICLE V – SUFFRAGE Qualifications: Qualificati ons:
1) 2) 3) 4)
CODE: CD18RR
Citizen of the Philippines Not Disqualified by law At least 18 years old Resident of the Philippines for at least 1 year
5) Reside esident nt of the place place where wherein in he/sh he/she e propo propose ses s to vote vote for for at least least 6 months months immediately preceding the election. Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE – This This is in refer referen ence ce to the 1 year year reside residency ncy require requiremen mentt in the Philippines. 2. TEMPO TEMPORA RARY RY RESIDE RESIDENC NCE E – This This is in refer referen ence ce to the 6 month month reside residenc ncy y requirement requirement in the place where one wants wants to vote. In this case, residence residence can either mean domicile or temporary residence. Disqualifications: 1) Any person person senten sentenced ced by final final judgment judgment to imprison imprisonmen mentt of not less than 1 year, year, which disability has not been removed by plenary pardon. 2) Any Any perso person n adjud adjudge ged d by final final judgme judgment nt of havin having g violat violated ed his alleg allegia iance nce to the the Republic of the Philippines. 3) Insan Insane e or feeble feeble-mi -mind nded ed perso persons ns.. Note Under the 2 nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence.
ARTICLE VI – THE LEGISLATIVE DEPARTMENT SEC. 1. The legislative legislative power shall shall be vested vested in the Congress of the Philippines Philippines,, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. Definition of Legislative Power: The authority to make laws and to alter or repeal them. Classification Classification of legislative legislative power: (O De CO)
1. Original – Possessed by the people in their sovereign capacity 2. Delegated Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. Constituent – The power to amend or revise the Constitution 4. Ordinary – The power to pass ordinary laws Note:
The original legislative legislative power of the people is exercised via initiative initiative and referendum. referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit. Limits on the legislative power of Congress: 1. Subs Substa tant ntiv ive e – limi limita tati tion ons s on the cont conten entt of laws laws.. E.g. E.g. no law shal shalll be passe passed d establishing a state religion. 2. Procedu Procedural ral – limitatio limitations ns on the manne mannerr of passing passing laws. laws. E.g. genera generally lly a bill must must go through three readings on three separate days. Note: Provided that these two limitations are not exceeded, Congress’ legislative power is plenary. Corollaries of legislative power: 1. Congres Congress s cannot cannot pass pass irrepeala irrepealable ble laws. laws. Since Since Congress Congress’’ powers powers are plena plenary, ry, and limited only by the Constitution, Constitution, any attempt to limit the powers of future Congresses Congresses via an irrepealable law is not allowed. 2. Congress, as a general rule, cannot cannot delegate its legislative legislative power. Since the people people have already delegated legislative power to Congress, the latter cannot delegate it any further. EXCEPTIONS: 1. Delegati Delegation on of legisla legislative tive power power to local local governmen governmentt units; units; 2. Instance Instances s when the Constitu Constitution tion itself itself allows allows for such delegatio delegation n [see Art. VI Sec. 23(2)] What may Congress delegate: Congre Congress ss can can only only deleg delegat ate, e, usual usually ly to admin administ istrat rative ive agen agencie cies, s, RULE RULE-MA -MAKIN KING G POWER or LAW EXECUTION. EXECUTION. This involves either either of two tasks for the administrative administrative agencies: 1. “Filling “Filling up the the details” details” on an an otherwis otherwise e complete complete statute statute;; or 2. Ascertain Ascertaining ing the facts facts necessary necessary to bring bring a “conting “contingent” ent” law or provisio provision n into actual operation.
Sections 2-4. SENATE Composition 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Qualifications 1. 2. 3. 4. 5.
Natu Natura ral-b l-bor orn n citiz citizen en;; At least least 35 35 years years old old on the day day of of electio election; n; Able Able to to read read and and wri write te;; A regi regist ster ered ed vot voter er;; and and Philippine resident for at least 2 years immediately immediately preceding preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications.
Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election. Term Limitations: 1. No Senato Senatorr shall shall serve for for more more than 2 consecu consecutive tive terms. terms. 2. Volunta Voluntary ry renunciat renunciation ion of office office for any length length of time shall shall not be considere considered d as an interruption in the continuity of his service for the full term for which he was elected. Sections 5-7. HOUSE OF REPRESENTATIVES Composition: 1. Not more more than 25 25 members, members, unless unless otherw otherwise ise fixed fixed by law; law; and 2. Party Party-li -list st Rep Repres resen entat tative ives s Election of 250 members 1. They They shall shall be electe elected d from from legis legisla lativ tive e distr district icts s appo apporti rtion oned ed amon among g the provinc provinces es,, cities and the Metropolitan Manila area. 2. Legisla Legislative tive districts districts are apportion apportioned ed in accordance accordance with the number number of inhabitants inhabitants of each area and on the basis of a uniform and progressive ratio. a. Each distric districtt shall comprise comprise,, as far as practicable practicable,, contiguou contiguous, s, compact compact and adjacent territory; b. Each Each city with at least least 250,00 250,000 0 inhab inhabita itants nts will will be entitle entitled d to at least least one representative. c. Each province province will will have have at least least one one repres representa entative tive.. d. Legisla Legislative tive districts districts shall shall be re-apportio re-apportioned ned by Congress Congress within within 3 years years after the the retu return rn of each each cens census us.. Acco Accord rdin ing g to Jack, Jack, howe howeve ver, r, whil while e the the apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this. e. The standa standards rds used to determin determine e the apportion apportionment ment of legisla legislative tive districts districts is meant to prevent ‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. Qualifications 1. 2. 3. 4. 5.
Natural Natural born born citizen citizen of of the Philipp Philippines ines;; At least least 25 years years old on on the day of of the elect election; ion; Able Able to to read read and and wri write te;; Registe Registered red voter voter in the distri district ct he seeks seeks to represe represent; nt; and and A resident resident of such such district district for at least least one year year immediate immediately ly precedin preceding g the day of the election.
Term of Office 1. Each Each member member of the House House shall be elected elected for for a term of three (3) (3) years which which shall shall commence (unless otherwise otherwise provided for by law) at noon on 30 June next following their election. 2. Volunta Voluntary ry renunciat renunciation ion of office office for any length length of time shall shall not be considere considered d as an interruption in the continuity of his service for the full term for which he was elected. Term Limitations No membe memberr of the Hous House e of Repres Represen entat tative ives s shall shall serve serve for for more more than than three three (3) consecutive terms.
Distinctions between Term and Tenure 1. Defin finitio ition n a. Terms means means the period period during during which the electe elected d officer officer is legally legally authorize authorized d to assume his office and exercise the powers thereof. b. Tenu Tenure re is the the actu actual al peri period od duri during ng whic which h such such offi office cerr actu actual ally ly hold holds s his his position. 2. Limita Limitatio tion/ n/Po Possi ssible ble Reduct Reductio ion n a. Term Term CAN CANNO NOT T be be red reduc uced ed.. b. Tenu Tenure re MAY, MAY, by law, law, be limit limited ed.. Thus Thus,, a prov provis isio ion n whic which h cons consid ider ers s an elective office automatically automatically vacated when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officers tenure and NOT his constitutional term. Party-List Representatives 1. Const Constitu itute te 20% 20% of the the total total number number of repres represen enta tativ tives, es, includ including ing those those unde underr the party-list system (thus a maximum of 50 party-list members of the House) 2. However, for 3 consecutive consecutive terms from from 2 February February 1987 1987 (i.e., the 1987-92, 1987-92, 92-95 92-95 and and 95-98 terms), 25 seats shall be allotted allotted to sectoral representatives. representatives. Under Art. XVIII, Sec. Sec. 7, the sectoral sectoral represe representat ntatives ives are to be appoint appointed ed by the President President until until legislation otherwise provides. 3. Mechani Mechanics cs of of the the party-lis party-listt system system:: a. Registered organizations organizations submit submit a list of candidates candidates in order of of priority. priority. b. During During the election elections, s, these these organizat organizations ions are voted voted for at large. large. c. The numbe numberr of seats seats that each each organiz organizati ation on gets out out of the 20% allotte allotted d to the system depends on the number of votes they get. 4. Qual Qualif ific icat atio ions ns a. Natural Natural born born citizen citizen of of the Philippi Philippines nes b. At least least 25 years years of of age on on the day of of the election election c. Able Able to read read and and wri write te
SEC. 9. In case of vacanc vacancy y in the Senate or in the House House of Represen Representativ tatives, es, a SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.
SEC. 10. Salaries of Senators and Members of the House Determination of Salaries: Salaries of Senators and Members of the House of Representatives Representatives shall be determined determined by law. Rule on increase in salaries: No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished legislators can appropriate for themselves other sums of money such as travel allowances, as well as other side ‘benefits.’ SEC. 11: CONGRESSIONAL IMMUNITIES 1.) Immunity Immunity from arrest: arrest: a. Legi Legisl slat ator ors s are priv privil ileg eged ed fro from m arre arrest st whi while le Con Congr gres ess s is “in “in sess sessio ion” n” wit with h respect to offenses offenses punishable punishable by up to 6 years of imprisonment. imprisonment. Thus, whether whether Congress is in regular or special session, the immunity from arrest applies. b. If Cong Congre ress ss is in rece recess ss,, mem membe bers rs ther thereo eoff may may be arre arrest sted ed.. c. The The immu immuni nity ty is is only only wit with h resp respec ectt to arr arres ests ts and and NOT NOT to to pros prosec ecut utio ion n for for criminal offenses. 2.) Legisla Legislative tive privileg privilege: e: a. No member member shall shall be questi question oned ed or held held liable liable in any forum forum other other than than his/her his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. b. Limit Limitati ation on on on the the privi privile lege ge:: (i) (i)
(ii) (ii)
(iii (iii))
Prot Protec ecti tion on is is only only aga again inst st for forum um oth other er tha than n Cong Congre ress ss its itsel elf. f. Thu Thus for for inflammatory remarks which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be. The The ‘spe ‘speec ech h or deb debat ate’ e’ mus mustt be mad made e in per perfo form rman ance ce of of thei theirr duti duties es as as members members of Congres Congress. s. This includes includes speeches speeches delivered, delivered, statement statements s made, votes cast, as well as bills introduced, and other activities done in performance of their official duties. Cong Congre ress ss need need NOT NOT be be in sess sessio ion n when when the the utt utter eran ance ce is is made, made, as as long long as it forms part of ‘legislative action,’ i.e. part of the deliberative and communicative process used to participate in legislative proceedings in consideration consideration of proposed legislation legislation or with respect to other matters with Congress’ jurisdiction.
SEC. 12. All Members of the Senate Senate and the House of Representatives Representatives shall, upon assum assumpti ption on of offic office, e, make make a full full disclo disclosur sure e of their their finan financia ciall and and busine business ss interests. They shall notify the House House concerned concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION WHEN APPLICABLE 1. Senator Senator/Mem /Member ber of the House House cannot cannot During his his term. If he does so, so, he forfeits forfeits hold any other office or employment in the his seat. Government or any subdivision, agency or Instrumentality Instrumentality thereof, including GOCCS or their subsidiaries. 2. Legislators cannot be appointed to any office.
IF the office was created or the emolume emoluments nts thereof thereof increase increased d during during the term for which he was elected.
3. Legislators cannot personally appear as coun counse sell befo before re any any cour courtt of just justic ice, e, elec electo tora rall trib tribun unal al,, quas quasii-ju judi dici cial al and and administrative bodies.
During his term of office.
4. Legi Legisl slat ator ors s cann cannot ot be fina financ ncia iall lly y During his term of office. inte intere rest sted ed dire direct ctly ly or indi indire rect ctly ly in any any contract with or in any franchise, or special privileg privilege e granted granted by the Governm Government, ent, or any subdivision, agency or instrumentality the thereo reof, incl inclu udin ding any GO GOC CC or its subsidiary. 5. Legi Legisl slat ator ors s cann cannot ot inte interv rven ene e in any any When When it is for for his his pecu pecuni niar ary y bene benefi fitt or matter before any office of the where he may be called upon to act on government. account of his office.
SEC. 15: REGULAR AND SPECIAL SESSIONS Regular Sessions: 1.) Congress convenes once every year on the 4 th Monday of July (unless otherwise
provided for by law) 2.) Continues Continues in session for as long as it sees sees fit, until 30 days before before the opening opening of the next regular session, excluding Saturdays, Sundays, and legal holidays. Special Sessions: Called by the President at any time when Congress is not in session. SEC. 16. Officers: 1.) Senate Senate Presiden President; t; 2.) Speake Speakerr of the House; House; and and 3.) Each House may may choose such such other officers officers as it may deem necessary. necessary. Election of Officers By a majority vote of all respective members. Quorum to do business: 1. Majority Majority of each each House House shall shall constit constitute ute a quoru quorum. m. 2. A smaller smaller number number may adjourn adjourn from day to day day and may compel compel the attend attendance ance of of absent members. 3. In computin computing g a quorum, quorum, members members who are outside outside the country country and and thus outsid outside e of each House’s coercive jurisdiction are not included. Internal Rules: 1. Each Each House House shall shall determin determine e its own own procedu procedural ral rules. rules. 2. Since Since this is a power vested vested in Congres Congress s as part of its inherent inherent powers, powers, under under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. 3. Also, Also, since Congres Congress s has the power power to make these these rules, rules, it also has the power power to ignore them when circumstances so require. Discipline: 1.) 1.) Susp Suspen ensi sion on a. Concurr curre ence of 2/3 2/3 of AL ALL its its memb membe ers and b. Shall not exceed 60 days. 2.) 2.) Expu Expuls lsio ion n a. Concurre Concurrence nce of 2/3 2/3 of of ALL ALL its members. members.
Congressional Journals and Records: 1.) The Journal Journal is conclusive upon the courts. courts. 2.) BUT an enrolled enrolled bill prevails prevails over the the contents contents of the Journal. 3.) An enrolled bill bill is the official copy of approved approved legislation legislation and bears bears the certifications certifications of the presiding presiding officers of each House. House. Thus where where the certifications certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill. Adjournments: 1.) Neith Neither er House House can can adjo adjourn urn for more than 3 days days during during the time Congre Congress ss is in session without the consent of the other House. 2.) Neith Neither er can they adjou adjourn rn to any othe otherr place place than that where where the two houses houses are sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL The Senate and the House shall each have an Electoral Tribunal which shall be composed of: 1. 3 Supreme Supreme Court Court Justice Justices s to be designa designated ted by the the Chief Chief Justice; Justice; & 2. 6 Members Members of the the Senate Senate or or House, House, as the the case case may be. be. The senior Justice in the Electoral Tribunal shall be its Chairman. Note Note:: The The cong congre ress ssio iona nall memb member ers s of the the ET’s ET’s shal shalll be chos chosen en on the the basi basis s of proportional representation from the political parties and party-list organizations. Jurisdiction: 1.) Each Each ET shall shall be the sole judge judge of all CONTESTS CONTESTS relatin relating g to the electio election, n, returns, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. 2.) An ‘election contest’ contest’ is one where where a defeated defeated candidate candidate challenges challenges the qualification qualification and claims for himself the seat of a proclaimed winner. 3.) In the absence absence of an electio election n contest, contest, the ET is without without jurisdict jurisdiction. ion. However, However, the power of each House to expel its own members or even to defer their oath-taking until until their their quali qualific ficati ation ons s are are deter determin mined ed may still still be exerc exercise ised d even even witho without ut an election contest. Issues regarding the Electoral Tribunals: 1.) Since Since the ET’s ET’s are indep indepen ende dent nt consti constitut tutio iona nall bodie bodies, s, indep indepen ende dent nt even even of the House from which the members are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to the functions of the ET’s, such as the setting of deadlines or filing their election contests with the respective ETs. 2.) The ETs being being independent independent bodies, its members members may not be arbitrarily arbitrarily removed from from their positions positions in the tribunal by the parties parties which they represent. represent. Neither may they they be remo remove ved d for for not not voti voting ng acco accord rdin ing g to part party y line lines, s, sinc since e they they are are acti acting ng independently of Congress. 3.) The mere fact that that the members of either either the Senate Senate or the House sitting sitting on the ET are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution Constitution is quite clear that the ET must act with both members members from the SC and from the Senate Senate or the House. If all the legislator-members legislator-members of the ET were to be disqualified, the ET would not be able to fulfill its constitutional functions.
4.) Judicial Judicial review review of decisions decisions of the ETs may be had with with the SC only insofar insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS Composition: 1.) Senate President President as ex-officio chairman; 2.) 12 Sen Senato ators; rs; and and 3.) 12 Membe Members rs of the House. House. Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations. Voting/Action 1.) The chairman chairman shall shall only vote vote in case case of a tie. 2.) The CA shall act act on all appointments appointments within within 30 session session days from their their submission to Congress. 3.) The Commission Commission shall rule rule by a majority majority vote of of all the Members. Members. Jurisdiction 1.) CA shall confirm the appointm appointments ents by the Preside President nt with respect respect to the following following positions: a. Head Heads s of the Executi Executive ve Departm Departmen ents ts (excep (exceptt if it is the ViceVice-Pre Presid siden entt who who is appointed to the post). b. Ambassa Ambassadors dors,, other other public public ministe ministers rs or consul consuls. s. c. Officers Officers of of the AFP AFP from from the rank rank of Colon Colonel el or Naval Naval Captai Captain: n: and d. Other Other officers officers whose appoint appointmen ments ts are vested vested in him by the Constitut Constitution ion (e.g. (e.g. COMELEC members). 2.) Congres Congress s CANNOT by law prescribe prescribe that the appointme appointment nt of a person person to an office created by such law shall be subject to confirmation by the CA. 3.) Appoint Appointment ments s extend extended ed by the Presiden Presidentt to the above-me above-mentio ntioned ned positions positions while while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress. Meetings of the CA 1.) CA meets meets only while Congress Congress is in session. 2.) Meetings are held held either at the the call of the Chairman Chairman or a majority of of all its members. 3.) Since Since the CA is also an independ independent ent constituti constitutiona onall body, body, its rules rules of procedure procedure are also outside the scope of congressional powers as well as that of the judiciary. Note: The ET and the CA shall shall be constituted within within 30 days after the Senate Senate and the House of Representative shall have been organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES Scope: 1. Either House House or any of their committees committees may conduct inquires ‘in aid of legislation’. legislation’.
2. “In aid of legislat legislation” ion” does does not mean that that there is pending pending legisl legislatio ation n regarding regarding the subje subject ct of the inqui inquiry. ry. In fact, fact, inves investig tigati ation on may be needed needed for purpo purpose ses s of proposing future legislation. 3. If the stated stated purpose purpose of of the investigation investigation is to determine determine the the existence existence of violations of the law, the investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’. This This viola violates tes the the princ principl iple e of separa separatio tion n of powers powers and and is beyo beyond nd the the scope scope of congressional powers. Enforcement: 1. Since Since expe experie rienc nce e has has shown shown that mere reque requests sts for inform informat atio ion n does does not not usua usually lly work, work, Cong Congres ress s has has the the inhere inherent nt powe powerr to punis punish h recalc recalcitr itran antt witne witnesse sses s for for contempt, and may have them incarcerated until such time that they agree to testify. 2. The continu continuanc ance e of such incarcerat incarceration ion only subsists subsists for the lifetim lifetime, e, or term, of such body. body. Once Once the body ceases ceases to exist after after its final adjourn adjournment ment,, the power power to incarcerate ceases ceases to exist exist as well. Thus, each ‘Congress’ ‘Congress’ of the the House lasts for for only 3 years. But if one is incarcerated incarcerated by the Senate, Senate, it is indefinite because because the Senate, with its staggered terms, is a continuing body. 3. BUT, BUT, in order rder for for a witne itness ss to be subj subjec ectt to this this inca incarc rcer erat atio ion, n, the the prim primar ary y requirement requirement is that the inquiry is within the scope of Congress’ powers. powers. i.e. it is in aid of legislation. 4. The materi material ality ity of a ques questio tion n is determi determine ned d not not by its conn connect ectio ion n to any actua actually lly pending legislation, but by its connection to the general scope of the inquiry. 5. The powe powerr to punish punish for contem contempt pt is inhere inherent nt in Cong Congres ress s and and this power power is sui generis. It cannot be exercised exercised by local government government units unless they are expressly expressly authorized to do so. Limitations: 1. The inquir inquiry y must must be condu conducte cted d in accorda accordance nce with with the the ‘duly ‘duly publish published ed rules rules of procedure’ of the House conducting the inquiry; and 2. The rights rights of person persons s appearin appearing g in or affected affected by such such inquirie inquiries s shall be respec respected. ted. Ex. The right against self-incrimination. Appearance by department heads before Congress: 1.
Sinc Since e memb member ers s of the exec execut utiv ive e depa depart rtme ment nt are co-e co-equ qual als s with with thos those e of the legislative department, under the principle of separations of powers, department head heads s canno cannott be compell compelled ed to appe appear ar before before Congres Congress. s. Neith Neither er may may the the department heads impose their appearance upon Congress.
2.
Departme Department nt heads heads may may appea appearr before before Congre Congress ss in the the follow following ing instan instances: ces: a. Upon Upon their their own own initia initiativ tive, e, with the conse consent nt of the Preside President nt (and that that of the House concerned); or b. Upon Upon the reques requestt of either either House House (which (which cannot cannot compel compel them them to attend) attend)
3.
The appeara appearance nce will will be conducte conducted d in EXEC EXECUTIV UTIVE E SESSIO SESSION N when: when: a. Require Required d by the securit security y of state state or required required by publi public c interest; interest; and and b. When the Preside President nt so states states in in writin writing g
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS Vote requirement: (to declare the existence of a state of war)
1. 2/3 of of both both House Houses, s, in join jointt sessio session n 2. Voti Voting ng sepa separa rate tely ly Emergency powers: 1. During During times of war or other other national national emergency emergency,, Congress Congress may, BY LAW, author authorize ize the President President to exercise exercise powers powers necessary necessary and proper proper to carry out a declare declared d national policy. 2. Limi Limita tati tion ons: s: a. Powers Powers will will be exercise exercised d for a limited limited perio period d only; only; and b. Powers Powers will be subjec subjectt to restrictio restrictions ns prescrib prescribed ed by Congres Congress s 3. Expi Expirat ration ion of of emerge emergency ncy pow powers ers a. By res resolu olutio tion n of of Cong Congres ress s or b. Upon the next next adjour adjournmen nmentt of Congres Congress s Sections 24-27, 30-31 LEGISLATION Bills that must originate from the House of Representatives (Section 24) CODE: A R T Pu Lo P 1. 2. 3. 4. 5. 6.
Appropriation bills Revenue bills Tariff bills Bills authorizing the increase of public public debt Bills of lo of local cal application Private bills
Note: The Senate may, however, propose or concur with with amendments. Appropriation bills 1. The prima primary ry and specif specific ic aim of an approp appropria riatio tion n bill bill is to approp appropria riate te a sum of money from the public treasury. 2. Thus, Thus, a bill enactin enacting g the budget budget is an appro appropria priation tions s bill. 3. BUT: BUT: A bill creat creatin ing g a new new office office,, and appro appropri priati ating ng fund funds s therefo thereforr is NOT an appropriation bill. Revenue Bill 1.
A reve revenu nue e bill bill is one one spec specif ific ical ally ly desi design gned ed to rais raise e mone money y or reve revenu nue e thro throug ugh h imposition or levy.
2.
Thus, Thus, a bill introdu introducing cing a new new tax is is a revenue revenue bill, bill, but a provis provision ion in, in, for instanc instance, e, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.
Bills of local application A bill of local application, application, such as one asking for the conversion of a municipality municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: 1. For For app approp ropria riatio tion n bill bills: s:
a. Congres Congress s cannot increas increase e the appropriati appropriations ons recommen recommended ded by the President President for the operation of the Government as specified in the budget. b. Each Each provisi provision on or enact enactme ment nt in the Genera Generall Appro Appropri priati ation ons s Bill Bill must must relate relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates. c. The proced procedure ure in approvin approving g appropria appropriation tions s for Congress Congress shall shall strictly follow follow the procedure for approving appropriations for other departments and agencies. d. A special special appropriations appropriations bill must specify the the purpose purpose for which it is intended intended and must must be suppo supporte rted d by funds funds actu actuall ally y availa available ble as certif certified ied by the Natio Nationa nall Treasurer or to be raised by a corresponding revenue proposal therein.
e. Trans Transfer fer of app approp ropria riatio tions: ns: i. ii. ii.
f.
Rule Rule:: No law law shal shalll be be pass passed ed auth author oriz izin ing g any any tran transf sfer er of appr approp opri riat atio ions ns BUT BUT the the foll follow owin ing g may may,, BY BY LAW LAW,, be be aut autho hori rize zed d to to AUG AUGME MENT NT any any ite item m in in the general appropriations law for their respective offices from savings in other items of their respective appropriations - President - President of the Senate - Speaker of the House of Representatives - Chief of Justice of the Supreme Court - Heads of the Constitutional Commissions
Discreti Discretiona onary ry funds funds appropri appropriated ated for for particul particular ar official officials s shall be: be: i. Disbursed on only fo for pu public pu purposes; ii. ii. Shou Should ld be supp suppor orte ted d by by app appro ropr pria iate te vouc vouche hers rs;; and and iii. iii. Subj Subjec ectt to guid guidel elin ines es as may may be be pre presc scri ribe bed d by by law law..
g. If Congres Congress s fails fails to pass pass General General Approp Appropria riatio tions ns Bill (GAB) (GAB) by the end of any any fiscal year: i. The GAB for the previous year is deemed reenacted ii. It will remain in full force and effect until the GAB is passed by Congress. 2. For For law grant granting ing tax exemp exemptio tion n It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. 3. For For bil bills ls in gene genera rall a. Every bill bill shall embrace embrace only only one (1) subject, subject, as expressed expressed in the title thereof thereof i.
As a mandatory requirement
ii.
The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses expresses the general general subject of the bill and all the provisions of the statute are germane to that general subject.
iii.
A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing repealing the latter. Thus, a repealing repealing clause in the bill is considered germane to the subject matter of the bill.
b. Readings 1. In order order to become become a law, law, each bill bill must must pass three three (3) readin readings gs in both Houses.
2. General General rule: rule: Each reading reading shall shall be held on separate separate days days & printed printed copies copies thereof in its final form shall be distributed to its Members three (3) days before its passage. 3. Exceptio Exception: n: If a bill bill is certified certified as urgent urgent by the the Preside President nt as to the the necess necessity ity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be held on the same day. 4. First reading reading – only only the title is read; read; the bill is passed passed to the proper proper committee committee Second reading – Entire text is read and debates are held, and amendments introduced. Third reading – only the title is read, no amendments amendments are allowed. allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Veto power of President: President: 1. Ever Every y bill bill,, in order order to beco become me a law, law, must must be prese present nted ed to and and sign signed ed by the the President. 2. If the Preside President nt does does not approve approve of of the bill, bill, he shall shall veto the the same and and return return it with his objectio objections ns to the House House from which it originated. originated. The House House shall enter enter the objections in the Journal and proceed to reconsider it. 3. The Preside President nt must commun communicat icate e his decisio decision n to veto within within 30 days days from from the date date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it. 4. This rule rule eliminate eliminates s the ‘pocket ‘pocket veto’ veto’ whereby whereby the Presi Presiden dentt would simply simply refuse refuse to act on the bill. 5. To OVERRID OVERRIDE E the veto, veto, at least least 2/3 of ALL ALL the member members s of each House House must must agree agree to pass pass the bill. bill. In such such case, case, the veto veto is override overriden n and become becomes s a law without without need of presidential approval. 6. Item veto a. The President President may may veto particular particular items in an appropriation appropriation,, revenue or tariff bill. b. This veto veto will will not affec affectt items to to which which he does does not not object. object. c. Defi Defini niti tion on of ite item m TYPE OF BILL 1. Revenue/tax bill 2. Approp ropria riation ions bil billl
ITEM Subject of the tax and the tax rate imposed thereo reon Ind Indivis visible ible sum de dedica icated ted to to a sta state ted d pu purpo rpose
d. Veto of of RI RIDER DER 1. A rider is is a provision provision which which does not relate relate to a particular particular appropriation appropriation stated in the bill. 2. Since Since it is an invalid provisio provision n under under Section Section 25(2), 25(2), the Presiden Presidentt may veto it as an item. Specific limitations on legislation 1. No law shall shall be enac enacted ted increa increasin sing g the Suprem Supreme e Court’ Court’s s appe appella llate te jurisd jurisdict iction ion without the SC’s advice and concurrence. 2. No law shall shall be enacte enacted d granting granting titles titles of royalt royalty y or nobility nobility..
Section 28. POWER TO TO TAX Limitations: 1) 2) 3) 4)
The rule of taxat taxation ion shou should ld be UNIFORM UNIFORM It shou should ld be EQUI EQUITAB TABLE LE Congres Congress s should should evolve evolve a PROGRESSIV PROGRESSIVE E system system of taxation. taxation. The power power to tax must be exercise exercised d for a public purpose purpose because because the the power power exists for the general welfare 5) The The due due proc proces ess s and and equa equall prot protec ecti tion on clau clause ses s of the the Cons Consti titu tuti tion on shou should ld be observed.
Delegation of power to fix rates 1) Congress may, BY BY LAW, authorize the President President to fix the following: following: a) Tari Tariff ff rate rates s b) Import Import and and Exp Export ort Quota Quotas s c) Tonna Tonnage ge and and wha wharfa rfage ge due dues s d) Other Other dutie duties s and and impost imposts s Within the framework of the national development program of the Government 2) The exercise exercise of such power power by the Presiden Presidentt shall be within within the specified specified limits limits fixed by Congress and subject to such limitations and restrictions as it may impose. Constitutional tax exemptions: 1) The follow following ing properti properties es are exempt exempt from REAL REAL PROPERTY PROPERTY taxes taxes (CODE: Cha Chu M- CA) a) b) c) d) e)
Charit Charitab able le insti institut tution ions s Churches, and parsonages parsonages or or convents convents appurtenant appurtenant thereto Mosques Non-pr Non-prof ofit it ceme cemeter terie ies; s; and and All lands, lands, buildings buildings and improvemen improvements ts actually, actually, directly directly and exclusive exclusively ly used for religious, charitable, or educational purposes.
2) All revenues revenues and assets assets of NON-STOC NON-STOCK K NON-PROFIT NON-PROFIT EDUCATIO EDUCATIONAL NAL instituti institutions ons are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3)) 3) Gran Grants ts,, endo endowm wmen ents ts,, dona donati tion ons s or cont contri ribu buti tion ons s used used actu actual ally ly,, dire direct ctly ly and and exclusiv exclusively ely for education educational al purposes purposes shall be exempt exempt from tax. tax. This is subject subject to conditions conditions prescribed by law. law. (Art. XIV. Sec Sec 4 (4))
Section 29. Power of the Purse 1) No money money shall be paid paid out of the Nationa Nationall Treasury Treasury EXCEPT EXCEPT in pursuanc pursuance e of an appropriation made by law. a) This places places the the control control of public public funds funds in the the hands hands of Congress Congress.. b) BUT: BUT: This This rule does does not not proh prohib ibit it cont contin inui uing ng appro appropr pria iati tion ons. s. e.g. e.g. for for debt debt serv servic icin ing. g. This This is beca becaus use e the the rule rule does does not not requ requir ire e year yearly ly,, or annu annual al appropriation. 2) Limi Limita tati tion ons. s.
a) Appropr Appropriati iations ons must must be for a PUBL PUBLIC IC PURPOS PURPOSE E b) Cannot appropriate appropriate public public funds or property, property, directly directly or indirectly, indirectly, in favor of (i) (i) Any Any sect, sect, chur church ch,, deno denomi mina nati tio on, or sect sectar aria ian n inst instit itut utio ion n or syst system em of religion or (ii) (ii) Any Any pries priest, t, prea preach cher er,, minis ministe ter, r, or othe otherr relig religio ious us teac teache herr or digni dignita tary ry as such. EXCEPT if the priest, etc is assigned to: - the Armed Forces; or - any penal institution; or - government orphanage; or - leprosarium
c) BUT BUT the the gover governme nment nt is not not prohib prohibite ited d from from appro appropri priati ating ng money money for for a valid valid secular purpose, even if it incidentally incidentally benefits a religion, e.g. appropriations appropriations for a natio nationa nall polic police e force force is valid valid even even if the police police also also prote protects cts the the safe safety ty of clergymen. d) ALSO, ALSO, the temporar temporary y use of public public property property for religiou religious s purposes purposes is valid, valid, as long as the property is available for all religions 3) Spec Specia iall Fun Funds ds a) Money Money collec collected ted on a tax levied levied for a speci special al purpose purpose shall shall be treate treated d as a special fund and paid out for such purpose only. b) Once Once the the spec specia iall purp purpos ose e is fulf fulfil ille led d or aban abando done ned, d, any any bala balanc nce e shal shalll be transferred to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM 1) Through the system system of initiative initiative and referendum, referendum, the people people can can directly propose and enact enact laws laws or appro approve ve or reject reject any act or law or part part there thereof of passed passed by the Congress or local legislative body. 2) Requ Requir ired ed Peti Petiti tion on a) Should be signed signed by at at least 10% 10% of the total total number number of registered registered voters voters b) Every Every legislativ legislative e district district should be represe represented nted by at least least 3% of the registere registered d voters c) Petit Petition ion shoul should d be reg regist istere ered d
ARTICLE VII. THE EXECUTIVE DEPARTMENT Section 1. EXECUTIVE POWER Scope: 1) Executi Executive ve power power is vested in the the President President of the Philip Philippine pines. s. 2) The scope scope of of this power power is set set forth in in Art. VII VII of the Const Constitut itution. ion. But this this power power is not limited to those those set forth therein. therein. The SC, in Marcos Marcos v. Manglapus, Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include include others not not set forth in in the Constitution. Constitution. EXAMPLE: EXAMPLE: The President President is immune from suit and criminal prosecution while he is in office. 3) Privileg Privilege e of immunity immunity from suit is personal personal to the Presiden Presidentt and may be invoked invoked by him alone. It may also be waived by the President, as when he himself files suit. 4) BUT The President President CANNOT dispose of state property unless authorized authorized by law. law.
Section 2. QUALIFICATIONS 1) 2) 3) 4) 5)
Natural-b Natural-born orn citizen citizen of of the Philippi Philippines nes Regi Regist ster ered ed vote voter; r; Able Able to read read and and write; write; At least least 40 years years old on on the day of of electio election n Philippine resident for at least 10 years immediately immediately preceding such election. election.
Note: The Vice-President Vice-President has the same qualifications qualifications & term of office as the President. President. He is elected with with & in the same manner manner as the President. President. He may be removed removed from office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President President and and Vice-President Vice-President shall shall be elected by direct vote of of the people. people. 2) Electi Election on return returns s for Presid Presiden entt and and ViceVice-Pre Presid siden ent, t, as duly duly certi certifie fied d by the proper proper Board Board of Canv Canvass assers ers shall shall be forwa forwarde rded d to Cong Congres ress, s, direc directed ted to the Sena Senate te President. 3) Not later than than 30 days days after the day day of the election, election, the certificates certificates shall be opened opened in the presence of both houses of Congress, assembled in joint public session. 4) The The Cong Congre ress ss,, afte afterr dete determ rmin inin ing g the the auth authen enti tici city ty and and due due exec execut utio ion n of the the certificates, shall canvass the votes. 5) The person person receiving receiving the highest number number of of votes shall be proclaimed proclaimed elected. elected. 6) In case of a tie betwee between n 2 or more candidate candidates, s, one shall shall be chosen chosen by a majority majority of ALL the members of both Houses, voting separately. separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken. 7) The Supreme Supreme Court Court en banc shall shall act as the sole sole judge over over all contests contests relating relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose. Term of Office 1) Pres residen dent a) 6 years years begin beginni ning ng at noon noon on 30 June June immed immediat iately ely follow following ing the electi election on and ending at noon on the same day 6 years later. b) Term limitat limitation ion:: Single Single term only; only; not not eligible eligible for any any reelectio reelection. n. c) Any person person who who has succeed succeeded ed as Preside President, nt, and served served as such such for more more than 4 years shall NOT be qualified for election to the same office at any time. 2) Vice Vice-P -Pre resi side dent nt:: a) 6 years, years, starting starting and and ending ending the same same time as as the Presiden President. t. b) Term limitatio limitation: n: 2 successi successive ve terms. terms.
c) Volunta Voluntary ry renunciat renunciation ion of the office office for any length length of time is NOT an interrup interruption tion in the continuity of service for the full term for which the Vice-President was elected. Section 6. SALARIES AND EMOLUMENTS 1) Official Official salar salaries ies are are determi determined ned by law. law. 2) Salaries Salaries cannot cannot be decrease decreased d during the TENURE TENURE of the Presiden Presidentt and the VicePresident. 3) Increase Increases s take effect effect only after after the expirati expiration on of the TERM of the incumbe incumbent nt during during which the increase was approved. 4) Prohibit Prohibited ed from receivin receiving g any other emolume emolument nt from the governm government ent or any other other source during their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION 1. Vacanci Vacancies es at at the the begin beginning ning of the the term term VACANCY Presid Presiden ent-e t-elec lectt fails fails to quali qualify fy or to be chosen Presid Presiden ent-e t-elec lectt dies dies or is perma permane nentl ntly y disabled. Both Both Pres Presid iden entt and and VP-e VP-ele lect ct are are not not chosen or do not qualify or both die, or both become permanently disabled.
SUCCESSOR VP-e VP-ele lect ct will will be Acti Acting ng Pres Presid iden entt unti untill someone is qualified/chosen as President. VP becomes President. 1. Sena Senate te Pre Presi side dent nt or or 2. In case case of his his inabil inability ity,, the Spea Speake kerr of the House shall act as President until a Pres Presid iden entt or a VP shal shalll have have been been chosen and qualified. In case of death or disability of (1) and (2), Congress shall determine, by law, who will be the acting President.
2. Vacancies Vacancies after the office is is initially filled: VACANCY President dies, is permanently disabled, is impeached, or resigns. Both Both Presid Presiden entt and and Vice-P Vice-Pres reside ident nt die, die, become come perma rmanently tly disa isabled, are impeached, or resign.
SUCCESSOR Vice-President becomes President for the unexpired term. 1. Sena Senate te Pre Presi side dent nt or or 2. In case case of his his inabil inability ity,, the Spea Speake kerr of the House shall act as President until the Preside President nt or VP shall shall have have been been elected and qualified.
3) Vacancy in office of Vice-President Vice-President during the the term for which he was was elected: a) President President will nominate nominate new new VP from from any member of of either House of of Congress. Congress. b) Nominee shall shall assume assume office upon confirmation confirmation by majority vote of ALL members members of both Houses, voting separately. (Nominee forfeits seat in Congress) 4) Election of President President and and Vice-Preside Vice-President nt after vacancy during tem a)
Cong Congre ress ss shall shall conve convene ne 3 days days after after the vacan vacancy cy in the the offi office ce of both both the Presiden Presidentt and the VP, without without need of a call. The convenin convening g of Congress Congress cannot be suspended.
b)
Within Within 7 days after after conveni convening, ng, Congre Congress ss shall shall enact a law law calling calling for a special special electi election on to elect elect a Presid Presiden entt and and a VP. VP. The specia speciall elect electio ion n cann cannot ot be postponed.
c)
The specia speciall election election shall shall be held held not earlier earlier than than 45 days days not later later than than 60 days days from the time of the enactment of the law.
d)
The 3 readin readings gs for the the special special law law need need not be be held on on separate separate days days..
e)
The law law shall shall be deemed deemed enact enacted ed upon upon its appro approval val on third third read reading. ing.
BUT: No special special election election shall be called called if the vacancy vacancy occurs occurs within 18 months months before the date of the next presidential election. 5)
Temporary disability of disability of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the Presiden Presidentt himself, himself, when he sends sends a written written declaratio declaration n to the Senate Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary. b) When a majority majority of the Cabinet Cabinet members members transmi transmitt to the Senate Senate President President and the Speaker their written declaration. (i) (i)
The The VP will ill imm immed edia iate tely ly be Acti Acting ng Pres Presid iden ent. t.
(ii) (ii)
BUT: BUT: If the the Pre Presi side dent nt tra trans nsmi mits ts a wri writt tten en dec decla lara rati tion on tha thatt he is is not not disabled, he reassumes his position
(iii (iii))
If with within in 5 day days afte afterr the the Pres Presid iden entt re-a re-ass ssum umes es his his posi positi tion on,, the the majority of the Cabinet Cabinet retransmits their written declaration, Congress shall decide the the issue. In this event, Congress Congress shall reconvene reconvene within within 48 hours if it is not in session, without need of a call.
(iv) (iv)
With Within in 10 10 days days aft after er Cong Congre ress ss is requ requir ired ed to ass assem embl ble, e, or 12 12 days days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.
6) Presid Presiden entia tiall Illne Illness: ss: a) If the President President is seriously seriously ill, the public must must be informed thereof. b) Even Even durin during g such such illne illness, ss, the Nation National al Secu Security rity Advise Adviser, r, the Secret Secretary ary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President Section 13. DISQUALIFICATION DISQUALIFICATIONS S SUBJECT SOURCE OF DISQUALIFICATION Pres Presid iden ent, t, Vice Vice-P -Pre resi side dent nt,, Prohibited from: Cabinet Members, Deputies or 1. Hold Holdin ing g any any offi office ce or emplo employ yment ment duri during ng thei their r Assistants of Cabinet Cabinet Members tenure, UNLESS: a. otherw otherwise ise provid provided ed in in the the Cons Constit titut ution ion (e.g. (e.g. VP can be appo appoint inted ed a Cabin Cabinet et Membe Member, r, Sec. Sec. of Justice sits on Judicial and Bar Council); or b. the posit positions ions are ex-off ex-officio icio and and they they do not not receiv receive e any salary or other emoluments emoluments therefor (e.g. Sec. of Finance is head of Monetary Board).
2.
Prac racticing, directly or indirectly, profession during their tenure;
any
other
3.
Parti artici cipa pati ting ng in any any busi busine ness ss;;
4.
Bein Being g finan financi cial ally ly inter interes este ted d in any cont contra ract ct with with,, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality instrumentality thereof, including GOCC's or their subsidiaries.
N.B. The rule on disquali disqualifica fication tions s for the Presiden Presidentt and and his Cabi Cabine nett are stricte stricterr than than the the norma normall rules rules applica applicable ble to appoint appointive ive and elective elective officers under under Art. IX-B, Sec. 7. th Spouses and 4 degree Cannot be appointed during President’s tenure as: rela relati tive ves s of the the Presi resid dent (consanguinity or affinity) 1. Memb Member ers s of the the Cons Consti titu tuti tion onal al Comm Commis issi sion ons; s; 2. Office of the Ombudsman; 3. Department Se Secretaries; 4. Department under-secretarie ries; 5. Chairman or heads of bureaus or offices including GOCC’s and their subsidiaries. N.B. a. If the spou spouse se,, etc. etc.,, was alrea already dy in any any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, NOT continuation in office. b. Spou Spouses ses,, etc., can can be appo appoin inted ted to the judici judiciary ary and as ambassadors and consuls.
Sections 14-16. POWER TO APPOINT Principles: 1) 2)
Sinc Since e the the powe powerr to appo appoin intt is exec execut utiv ive e in natu nature re,, Cong Congre ress ss cann cannot ot usur usurp p this this function. Whil While e Cong Congre ress ss (and (and the the Cons Consti titu tuti tion on in cert certai ain n case cases) s) may may pres prescr crib ibe e the the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the President’s prerogative.
Scope: The President shall appoint the following: 1) 2) 3) 4)
Heads Heads of executive executive departme departments nts (CA confirma confirmation tion neede needed): d): Ambassadors, Ambassadors, other other public public ministers, ministers, and consuls (CA confirmation confirmation needed). needed). Officers of of AFP from from rank of colonel colonel or naval naval captain captain (CA confirmation confirmation needed). needed). Othe Otherr offic fficer ers s whos whose e appo appoin intm tmen entt is vest vested ed in him him by the the Cons Consti titu tuti tion on (CA (CA confirmation needed), such as: a) Chairmen Chairmen and and members members of the the COMEL COMELEC, EC, COA COA and CSC. CSC. b) Regular Regular members members of the Judi Judicial cial and and Bar Counc Council. il. c) The Ombu Ombuds dsman man and and his his depu deputie ties; s; d) Sectoral Sectoral represen representativ tatives es in in Congre Congress. ss. •
N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation.
5) All other other officers officers whose appoin appointmen tments ts are not otherwise otherwise provided provided for by law; and those whom he may be authorized by law to appoint. a) This This includ includes es the Chairm Chairman an and membe members rs of the Commiss Commissio ion n on Human Human Righ Rights ts,, whose hose appo appoin intm tmen ents ts are are prov provid ided ed for for by law law NOT NOT by the the Constitution. b) Congress Congress may, may, by law, law, vest the appo appointm intment ent of other other office officers rs lower lower in rank in the Presid Presiden entt alone alone or in the courts, courts, or in the heads heads of depa departm rtmen ents, ts, agencies, boards or commissions. c)
BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent subsequent to the 1987 Constitution Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor).
d)
ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. jurisdiction. The President President cannot extend extend the scope of the CA’s CA’s power as provided for in the Constitution.
Procedure: 1) CA confi confirma rmatio tion n nee neede ded: d: a) b) c) d)
Nomin Nominati ation on by Presid Presiden entt Conf Confir irma mati tion on by CA Appo Appoin intme tment nt by Pres Presid iden ent; t; and and Accep Accepta tance nce by by appo appoint intee ee..
Note: At any time before all four steps have have been complied with, with, the President can withdraw the nomination/appointment. 2) No CA con confi firm rmat atio ion: n: a) Appo Appoin intm tmen ent; t; and and b) Acce Accept ptan ance ce.. Note: Once appointee accepts, President can no longer withdraw the appointment. Ad-interim appointments: appointments: 1) When When Cong Congres ress s is in recess recess,, the Presid Presiden entt may still still appo appoint int officer officers s to positio positions ns subject to CA confirmation. 2) These These appointm appointments ents are effect effective ive immediat immediately ely,, but are only effective effective until until they are disapproved by the CA or until the next adjournment of Congress. 3) Appointments Appointments to fill an office office in an ‘acting’ ‘acting’ capacity capacity are NOT ad-interim ad-interim in nature and need no CA approval. Appointments by an Acting President: These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office. Limitation 1) 2 months immediately immediately before before the next Presidential Presidential elections, elections, and and up to the end of his his term, the President President or Acting President President SHALL NOT make appointmen appointments. ts. This is to prevent the practice of ‘midnight appointments.”
2) EXCEPTI EPTIO ON: a) Can make TEMPORA TEMPORARY RY APPOINTM APPOINTMENTS ENTS b) To fill fill EXECU EXECUTIV TIVE E POSIT POSITIO IONS NS;; c) If continue continued d vacancies vacancies therein therein will prejudic prejudice e public service service or endange endangerr public safety.
Section 17. Power of Control and Supervision Power of Control: The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordi subordina nate. te. Thus, Thus, the the Presid Presiden entt exerc exercise ises s contro controll over over all all the the execu executiv tive e departments, bureaus, and offices. The Presid Presiden ent’s t’s power power over over gove governm rnmen ent-o t-own wned ed corpo corporat ration ions s comes comes not not from from the Constitution but from statute. Hence, it may be taken away away by statute. Qualified Political Agency: 1) Since Since all executive executive and administ administrativ rative e organizati organizations ons are adjuncts adjuncts of the Executiv Executive e Department, the heads of such departments, etc. are assistants and agents of the President. 2) Thus, Thus, generall generally y the acts of these these departmen departmentt heads, heads, etc, which which are performed performed and promulgated in the regular course of business, are presumptively the acts of the President. 3) Exception: Exception: If the the acts acts are disapproved disapproved or or reprobated reprobated by the the President. President. 4) Unde Underr Admi Admini nist stra rati tive ve Law, Law, deci decisi sion ons s of Depa Depart rtme ment nt Secr Secret etar arie ies s need need not not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.
5) Quali Qualifie fied d polit politica icall agen agency cy does NOT apply apply if the Presid Presiden entt is require required d to act in person by by law or by the Constitution Constitution.. Example: The power power to grant grant pardons pardons must be exercised personally by the President. Disciplinary Powers: 1) The power power of the President President to disciplin discipline e officers officers flows from from the power power to appoint appoint the, the, and NOT from the power control. 2) BUT BUT While While the Presid Presiden entt may remov remove e from from offic office e those those who are not entitle entitled d to security of tenure, or those officers with no set terms, such as Department Heads, the officers, officers, and employees employees entitled entitled to security security of tenure tenure cannot cannot be summarily summarily removed from office. Power of Supervision: 1) This is the power power of a superio superiorr officer to ensure ensure that that the laws are faithfully faithfully execu executed ted by subordinates. 2) The The pow power of the the pres presid iden entt over over loca locall gove govern rnme ment nt unit units s is only only of gene genera rall supervision. supervision. Thus, he can only interfere interfere with the actions of their executive executive heads if these are contrary to law. 3) The execut execution ion of laws laws is an OBLIGA OBLIGATION TION of of the Preside President. nt. He cannot cannot suspe suspend nd the operation of laws.
4) The power power of superv supervisi ision on does not includ include e the power power of contro control; l; but the power power of control necessarily includes the power of supervision. Section 18. COMMANDER-IN-CHIEF COMMANDER-IN -CHIEF POWERS Scope: 1) The Preside President nt is the Commande Commander-in-C r-in-Chief hief of the the Armed Forces Forces.. 2) When Whenev eve er nece necess ssar ary y, the the Pres Presid iden entt may may call call out out the the AFP AFP to PREV PREVEN ENT T or SUPPRESS: a) Lawl Lawles ess s viol violen ence ce;; b) Inva Invasi sion on;; or c) Reb Rebelli llion. 3) The Presid Presiden entt may may also also:: a) Suspend Suspend the the privilege privilege of of the writ of habe habeas as corpus; corpus; and and b) Procla Proclaim im a state state of of martia martiall law. law. Suspension of the privilege of the writ of habeas corpus and declaring martial law; 1. Grounds a. Inva Invas sion ion or b. Rebe Rebell llio ion; n; and and c. Publi Public c safe safety ty requi requires res it. 2. The invasi invasion on or rebellio rebellion n must be ACTUAL ACTUAL and and not merely merely imminen imminent. t.
3. Limi Limita tati tion ons: s: a. Suspens Suspension ion or proclam proclamatio ation n is effective effective for for only 60 days. days. b. Within Within 48 hours hours from from the declar declarati ation on or suspe suspens nsion ion,, the Presid Presiden entt must must submit a report to Congress. c. Congress Congress,, by majority majority vote vote and voting voting jointly jointly,, may revoke revoke the same, same, and the the President cannot set aside the revocation. d. In the same manner, manner, at the Preside President’s nt’s initiati initiative, ve, Congress Congress can extend extend the same for a period determined by Congress if: i. Invasion or rebellion persist and ii. Public safety requires it. NOTE: Congress CANNOT extend the period motu propio. e. Supr Suprem eme e Cour Courtt revie review: w: i. The appropriate proceeding can be filed by any citizen. ii. The SC can review review the FACTUA FACTUAL L BASIS BASIS of the procla proclamat matio ion n or suspension. iii. Decision is promulgated promulgated within 30 days from filing. f.
Martial Law does NOT: i. Suspend the operation of the Constitution. ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment conferment of of jurisdiction on on military courts courts over civilians civilians where civil courts are able to function and iv. Automatically Automaticall y suspend the privilege of the writ. g. Suspens Suspension ion of privilege privilege of the writ: writ: i. Applies ONLY ONLY to persons judicially judicially charged charged for rebellion rebellion or offenses inherent in or directly connected with invasion. ii. Anyone Anyone arrested arrested or detained detained during during suspensi suspension on must be charged charged within 3 days. Otherwise he should be released. Note: While the suspension suspension of the privilege of writ and the proclamation proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war is subject to the President’s judgment and discretion.
Section 19: EXECUTIVE CLEMENCY Scope:
1.) The President may grant the following: [ Pa R C Re] a. Pardons Pardons (conditional or plenary) b. Reprieves c. Commutations d. Remittance Remittance of fines and forfeitures 2.) These may only be granted AFTER AFTER conviction conviction by final final judgment. judgment.
3.) ALSO: ALSO: The power power to grant clemency clemency include includes s cases cases involvin involving g administ administrativ rative e penalties. 4.) Where a conditional conditional pardon pardon is granted, granted, the determination determination of whether whether it has been violated rests with the President. Limitations: 1.) 1.) As to to scop scope: e: Cannot be granted: a.) Befor Before e convict conviction ion b.) In cases cases of of impeach impeachment ment c.) For violations violations of election election laws, rules, rules, and regulation regulation without without the favorable favorable recommendation of the COMELEC d.) In cases cases of civil or legislative contempt 2.) As to effec effect: t: a.) Does not not absolve absolve civil liabilities liabilities for an offense. offense. b.) Does not restore restore public offices offices already forfeited, forfeited, although although eligibility for for the same may be restored. Amnesty: 1.) An act of grace concurred concurred in by Congress, Congress, usually extended extended to groups of persons persons who commit political offenses, which puts into oblivion the offense itself. 2.) Presiden Presidentt alone CANN CANNOT OT grant grant amnesty. amnesty. Amnesty Amnesty needs needs concu concurrenc rrence e by a majority of all the members of Congress.
3.) When a person person applies for amnesty, amnesty, he must admit admit his guilt of the offense offense which is subject subject to such amnesty. amnesty. If his applicati application on is denied, denied, he can be convicte convicted d based on this admission of guilt. 4.) Amne Amnesty sty V. V. Pardo Pardon n AMNESTY Addressed to POLITICAL POLITICAL offenses offenses Granted to to a CL CLASS of of pe persons Need not be accepted Requires Requires concurr concurrence ence of majority majority of all members of Congress A public act. act. Subject to judicial notice notice Extinguishes the offense itself
May be gran ranted ted conviction
before fore or
PARDON Addressed Addressed to ORDINARY ORDINARY offenses offenses Granted to to INDIVIDUALS Must be accepted No need for Congressional concurrence
Private act act of President. President. It must must be proved. proved. Only penalties are extinguished. May May or may not not restor restore e polit politica icall rights rights.. Absolute Absolute pardon restores. restores. Conditional Conditional does does not. Civil indemnity is not extinguished. afte fter Only Only gran grante ted d afte afterr conv convic icti tion on by fina finall judgement judgement
Section 20. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and (2) Subject to such limitations as may be provided by law. Section 21. Foreign Relations Powers include: (1) Power to negotiate treaties and other international agreements (a) BUT: Such treaty of international international agreement agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country. (b) Options of Senate when a treaty is submitted for its approval: ( i) Approve with 2/3 majority; ( i i) Disapprove ou outright; or or (iii (iii)) Appr Approv ove e cond condit itio iona nall lly, y, wit with h sugge suggest sted ed ame amend ndme ment nts. s. (c) If treaty is not re-negotiated, no treaty (d) If treaty is re-negotiated re-negotiated and the Senate’s Senate’s suggestions suggestions are incorporated, incorporated, the treaty will go into effect without need of further Senate approval. Note: While our municipal law makes a distinction between international agreements and executive agreements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction. Note: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition. (e) Conflict between treaty and municipal law. (i) Philippine court: The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s will.
(ii) International tribunal Treaty Treaty will always always prevail. prevail. A State cannot cannot plead plead its municip municipal al law to justify justify noncompliance with an international obligation. (2) Power to appoint ambassadors, other public public ministers, and consuls. (3) Powe Powerr to recei receive ve ambas ambassad sadors ors and and other other publi public c minist ministers ers accred accredite ited d to the the Philippines. (4) Power to contract and guarantee foreign loans on behalf of the Republic (5) Power to deport aliens (a) This power power is vested vested in the President President by virtue of his office, office, subject subject only to restrictions as may be provided by legislation as regards the grounds for deportation.
(b) In the absence absence of any legislative legislative restriction to authority, authority, the President President may still exercise this power. (c) The power power to deport deport aliens aliens is limited limited by the the requir requireme ements nts of due due process, which entitles the alien to a full and fair hearing. BUT: The alien alien is not not entitl entitled ed to bail as a matter matter of of right. right.
ARTICLE VIII. THE JUDICIAL DEPARTMENT SEC. 1. JUDICIAL POWER Scope: 1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. 2. Vested in the Supreme Court and such lower courts as may be established by law. 3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt to assume assume or be compelled compelled to perform non-judicial non-judicial functions. functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. 4. In order that courts may exercise this power, there must exist the following: a. b. c.
An actua actuall contro controver versy sy with with legall legally y demand demandab able le and enfo enforce rceab able le rights rights;; Invo Involv lvin ing g real real par parti ties es in in inte intere rest st;; The The exe exerci rcise of of such po power will ill bind ind the the par partie ties by virt virtu ue of the the cou court’ rt’s application of existing laws.
5. Judicial power power cannot cannot be exercised exercised in in vacuum. Without any any laws from from which rights rights arise and which are violated, there can be no recourse to the courts. 6. The courts cannot be asked for advisory opinions. 7. Judicial power power includes: a. The duty of the courts courts to settle settle actual actual controve controversies rsies involvi involving ng rights which which are legally demandable and enforceable; and
b. To determi determine ne whethe whetherr or not there there has been been a grave grave abuse abuse of discret discretio ion n amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
Political Questions: 1.
A ‘polit ‘politica icall quest question ion’’ is one the resolut resolution ion of which has been been vested vested by the Constitu Constitution tion exclusively exclusively in either either the people, people, in the exercise exercise of their their sovereig sovereign n capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government.
2. Thus, while courts courts can determine questions questions of legality legality with respect respect to governmental governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments.
SEC. 2. ROLES OF OF CONGRESS 1. Defining enforceable enforceable and demandable demandable rights and and prescribing remedies remedies for violations of such rights; and 2. Determining the court court with jurisdiction to hear hear and decide controversies controversies or disputes arising from legal rights. 3. Thus, Congress Congress has the power to define, prescribe prescribe and apportion the jurisdiction jurisdiction of various courts. 4. BUT, BUT, Cong Congres ress s canno cannott depri deprive ve the Supre Supreme me Court Court of its jurisdic jurisdictio tion n over over cases cases provided for in the Constitution. 5. Creat Creation ion and and abo abolit litio ion n of court courts: s: a. The powe powerr to create create courts courts implie implies s the powe powerr to abolis abolish h and even rereorganize courts. b. BUT this this power power cannot cannot be exercised exercised in a manner manner which which would would undermine undermine the security of tenure of the judiciary. c. If the abolitio abolition/re n/re-orga -organiza nization tion is done done in good faith faith and not not for political political or personal reasons, then it is VALID. (same rule applies for civil servants)
SEC. 3. FISCAL AUTONOMY 1. The entire entire judiciary judiciary shall shall enjo enjoy y fiscal fiscal autonomy autonomy.. 2. Annu Annual al appro appropri priati ation ons s for for the judicia judiciary ry cann cannot ot be reduc reduced ed below below the amoun amountt appropriated for the previous year. 3. Once approved approved,, appropriations appropriations shall be be automatically automatically and regularly regularly released.
SECS. 4-7; 12 JUDICIARY Composition of the Supreme Court: 1. Chief Chief Justi Justice ce and 2. 14 Assoc Associate iate Justi Justices ces Note: Members of the Supreme Supreme Court and and of other courts established established by law shall shall not be designated to any agency performing quasi-judicial or administrative functions. Qualifications of members of the SC: 1. 2. 3. 4.
Natural born citizen of the Philippines At least 40 years years old At least 15 years of experience as a judge or in the practice of law in the Philippines Person of proven competence, integrity, probity and independence.
Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 1. 2. 3. 4.
Natural born citizen of the Philippines Member of the Philippine bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Qualifications of judges of lower non-collegiate courts: 1. 2. 3. 4.
Citizen of the Philippines Philippines (may be a naturalized naturalized citizen) Member of the Philippine Bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Section 8. JUDICIAL AND BAR COUNCIL 1. The Judicial and Bar Council is under the supervision of the SC. A. Is under the the supervision supervision of the Supreme Court Court and is composed composed of: 1. Chief Chief Justic Justice, e, as ex-of ex-offici ficio o chairm chairman an 2. Secreta Secretary ry of Justic Justice, e, as an ex-offi ex-officio cio member member 3. Represe Representat ntative ive of Cong Congress ress,, as an ex-off ex-officio icio member member 4. Represe Representat ntative ive of the Integrat Integrated ed Bar 5. A pro profe fess ssor or of law law 6. A retir retired ed mem membe berr of the SC; SC; and and 7. Priva Private te secto sectorr repres represen entat tative ive Note: The last last four four re the regul regular ar members members of the JBC. Regu Regular lar members members are appointed appointed by the President with CA approval. approval. Regular members members serve for 4 years, with staggered terms. B. Functions of JBC 1. Principa Principall functio function: n: recommen recommend d appoi appointee ntees s to the the Judic Judiciary iary 2. Exercise Exercise such such other other functi functions ons as as the SC may may assign assign to it. it. C. Appointments to the Judiciary 1. Presid Presiden entt shall shall appo appoint int from from a list list of at least least 3 nomin nominee ees s for each vacancy, as prepared by the JBC. 2. No CA confirma confirmation tion is needed needed for for appointme appointments nts to the Judici Judiciary. ary. 3. Vacanci Vacancies es in SC should should be filled filled within within 90 days days from the occurre occurrence nce of the vacancy. 4. Vaca Vacanc ncie ies s in low lower cour courts ts shou should ld be fill filled ed withi ithin n 90 days days from from submission to the President of the JBC list.
SEC. 10. SALARIES 1. Salaries of SC Justices and judges of lower courts shall be fixed by law. 2. Cannot be decreased during their continuance in office, but can be increased. 3. Members of the Judiciary are NOT exempt from payment payment of income tax.
SEC. 11. TENURE/DISCIPLINARY TENURE/DISCIPLIN ARY POWERS OF SC 1. Members of the SC and judges judges of the lower courts hold office during good behavior behavior until a. The age of 70 years old; or b. They become incapacitated to discharge their duties.
2. Disciplinary action action against against judges of lower lower courts: a. Only the SC en banc banc has jurisdiction jurisdiction to discipline discipline or dismiss judges judges of lower courts. b. Disciplinary action/dismissal: action/dismissal: Majority vote vote of of SC Justices Justices who took took part in the deliberations and voted therein. 3. Removal of SC Justices: a. Only by IMPEACHMENT. b. Cannot be disbarred while they hold office.
SECS. 4-6, 13. THE SUPREME COURT Hearing of cases: 1. 2.
En banc; or Divisions of 3, 5, or 7.
Cases required to be heard en banc: 1. All cases involving involving constitutionality constitutionality of a/an: a/an: a. Treaty b. International or executive agreement or c. Law. 2. All cases required to be heard en banc under the Rules of Court: a. Appeals from Sandiganbayan ; and b. From the Constitutional Commissions 3. All cases involving the constitutionality, application or operation of a. Presidential decrees b. Proclamations c. Orders d. Instructions e. Ordinances; and f. Other regulations. 4. Cases heard by a division where required majority of 3 was not obtained. 5. Cases where SC modifies modifies or reverses a doctrine or principle principle of law laid down by the SC en banc or by a division. 6. Administrative Administrat ive cases to discipline or dismiss judges of lower courts; and 7. Election contests for President and Vice-President. Cases heard by division 1. Must be decided with with the concurrence of a majority of the members members who took part in the deliberations and voted thereon. 2. Majority vote in a division should be at least 3 members. Powers of the SC 1. SC has ORIGINAL jurisdiction over a. Cases affecting ambassadors, other public ministers and consuls. Note Note:: This This refe refers rs to fore foreig ign n amba ambass ssad ador ors, s, etc. etc.,, stat statio ione ned d in the the Philippines. b. Petition Petitions s for certiorari, certiorari, prohibito prohibiton, n, mandamu mandamus, s, quo warrant warranto, o, and habeas habeas corpus.
2. SC has APPELLATE APPELLATE jurisdiction over final judgments and orders in the following:
i. ii. iii. iv. v. vi. vii. viii. ix.
a. All cases involving the constitutionality or validity of any treaty international or executive agreement law presidential decree proclamation order instruction ordinance, or regulation; b. All cases involving the legality of any i. tax ii. impost iii. assessment or iv. toll or v. any penalty impo mposed sed in in re relat lation ion th thereto reto;; c. All cases in which which the jurisdiction of any lower court is in issue d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and e. All cases where ONLY errors or questions of law are involved. 3. Temporarily Temporaril y assign lower court judges to other stations in the public interest. Note: Temporary assignment assignment shall not exceed exceed 6 months without the consent 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: a. The protection and enforcement of constitutional rights; b. Pleading, practice and procedure in all courts; c. Admission to the practice of law; d. The Integrated Bar; and e. Legal assistance to the underprivileged. Limitations on Rule Making Power a. It shou should ld prov provide ide a simpl simplifi ified ed and and inexp inexpen ensiv sive e proced procedure ure for for the speed speedy y disposition of cases. b. It should be uniform for all courts of the same grade. c. It should not diminish, increase, or modify substantive rights. 6. Appoint Appoint ALL officials and employees of the Judiciary, Judiciary, in accordance with Civil Service Law. 7. Exercise administrative supervision over ALL courts and the personnel thereof. Decisions of the Supreme Court: 1. Reached in consultation before being assigned to a member for the writing of the opinion. 2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties. 3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.
Note: This procedure shall shall also be observed by all lower collegiate collegiate courts (CA, CTA, and the Sandiganbayan). Sandiganbayan ). JUDICIAL REVIEW Definition 1.
Judicial Judicial Review Review is the power of the SC to declare declare a law, treaty, treaty, ordinanc ordinance e etc. unconstitutional. 2. Lower courts courts may also exercise exercise the power of of judicial judicial review, subject subject to the appellate appellate jurisdiction of of the SC. SC. 3. Only SC decisions are precedent, and thus, only SC decisions are binding on all. Requisites
Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power 2. The question question involved involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it. 3. The person challenging challenging the governmenta governmentall act must have ‘ STANDING’, i.e. a personal and substantial substantial interest in the case such that he has sustained, sustained, or will sustain, direct injury as a result of its enforcement. enforcement. 4. The question of Co of Constitution nstitutionality ality must be raised in the first instance, or at the earliest opportunity. 5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota. Effect of a declaration of unconstitutionality: 1. Prior to the declaration declaration that a particular law is unconstitutional, unconstitutional, it is considered as an ‘operative fact’ which at that time had to be complied with. 2. Thus, vested rights rights may have been acquired acquired under under such law before it was declared declared unconstitutional. 3. These These rights rights are not not prejud prejudice iced d by the subsequ subsequen entt decla declarat ratio ion n that that the the law is unconstitutional.
SEC. 14. DECISIONS 1. Decisions MUST state clearly and distinctly distinctl y the facts and the law on which which it is based. 2. Refusal to give due due course to petitions petitions for review and and motions for reconsideration reconsideration must state the legal basis for such refusal. 3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. 4. These rules rules only apply to courts. courts. They do not not apply to quasi-judicial quasi-judicial or or administrative bodies nor to military tribunals.
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Section 1. Constitutional Constituti onal Commissions Independent Constitutional Commissions: Commissions : 1) Civil Service Commission (CSC) 2) Commission on Elections (COMELEC) 3) Commission on Audit (COA) Why Independent? They perform vital functions functions of government. government. Their integrity is protected protected by the fact that they:
1) Are constitutionally created (Sec. 1) 2) Have independent powers of appointment (Sec. 4) 3) Each Commission may promulgate its own procedural rules (Sec. 6) 4) Fiscal autonomy (Sec. 5) 5) Salaries may not be diminished during their office (Sec. 3) 6) Commissioners have a fixed term 7) Commissioners are removable by impeachment only.
Section 2. DISQUALIFICATION DISQUALIFICATIONS S Disqualifications: Members cannot, during their tenure: 1) Hold any other office or employment; 2) Engage in the practice of any profession; 3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and 4) Be financially interested, direct or indirect, in any contract, franchise, privilege gran ranted ted by the govern vernme men nt, any of its its subdivis ivisiions, agencies ies, instrumentalities, including GOCC's and their subsidiaries. Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES Salaries 1) Salaries are fixed by law and shall not be decreased during their TENURE. 2) Decreases in salaries only affect those members appointed AFTER increase. 3) Incumbent members do not lose any salary. 4) Increases take effect IMMEDIATELY. Section 6. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC. 2) Limitation: It shall not: a) Diminish, b) Increase, or c) Modify substantive rights. 3) Power of SC a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special courts and quasi-judicial bodies." b). In proceedings before the Commissions, the rules of the Commission prevail. c). In proceedings before a court, the Rules of Court prevail. d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Section 7. DECISION MAKING/APPEAL Decision-Making: 1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. COMELEC may sit en banc or in 2 divisions.
Election Election cases, cases, includin including g pre-pro pre-proclam clamatio ation n controve controversies rsies are decided decided in division, with motions for reconsideration filed to the COMELEC en banc. The SC has has held held that that a major majority ity decisio decision n decid decided ed by a divisi division on of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case case for the entire entire commission. commission. (i.e. The Chairman Chairman cannot ratify ratify a decision decision which would otherwise have been void). Appeals: 1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65. 2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43. Enforcement:
It has been held that the CSC can issue a writ of execution to enforce judgments which which are final. final.
THE CIVIL SERVICE COMMISSION Section 1. COMPOSITION/QUALIFI COMPO SITION/QUALIFICATIONS/TERM CATIONS/TERM Composition: 1) Chairman 2) Commissioners – 2 commissioners Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of their appointments; 3) With proven capacity for public administration; administration; and 4) NOT candidates for any elective position in the elections immediately preceding their appointment. 5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation Term: 1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs 2) Limitation: single term only, no reappointment 3) Appointment to vacancy: only for unexpired term of predecessor 4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope: The Civil Service embraces all: A. B. C. D. E.
branches, subdivisions, instrumentalities, agencies of the government, including GOCCs with original charters. 1."With Original Charter" means that the GOCC was created by special law/by Congress 2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC. 4. Jurisdiction is determined as of the time of filing the complaint. Appointments to civil service shall be: A. Competitive Competitive positions positions fitness to be determined by competitive competitive examinations, examinations, According to merit and fitness as far far as pract practica icabl ble e excep exceptt to posit position ions s which which are polic policy-d y-dete etermi rmini ning ng,, primarily confidential, or highly technical. B. Non-competitive positions 1). No need for competitive examinations. 2). 3 kinds a) Policy-de Policy-determ terminin ining g-
formulate formulate a method method of action action for the gov't gov't
b) Primar Primarily ily confi confide denti ntial al -
more more than than ordina ordinary ry confid confiden ence; ce; close close intima intimacy cy insure insures s freed freedom om of interc intercou ourse rse without betrayals of personal trust... requires technical skill to a superior degree.
c) Highly technical
-
C. The TEST to determine whether non/competitive is the Nature of the responsibilities, responsibilities, NOT the administrative or legislative description given to it. D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled. E. Who may be appointed: 1). RULE: Whoever fulfills all the qualifications qualifications prescribed prescribed by law for a particular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In-Rank Rule
While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one one else, can be appointed. appointed. Such person has has no vested right to the position and the appointing authority is not bound to appoint the person next in rank.
Tenure (Classification of Positions) Career Service 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. 2. Entitled to security of tenure
3. With opportunity for advancement to higher career positions.
Non-Career Service 1. Entrance on bases OTHER than usual tests of merit and fitness.
2. Tenure limited to: a) Perio Period d spe specif cified ied by law law,, b) Cotermino Coterminous us with the appoint appointing ing authority or subject to his pleasure, or c) Limite Limited d to the the dura duratio tion n of of a particular project for which purpose the employment was made.
Security of Tenure: 1) Officers or employees employees of the Civil Service cannot be removed or suspended suspended EXCEPT for cause cause provid provided ed by law. law. It guara guarant ntee ees s both both proced procedura urall and and substa substanti ntive ve due due process. 2) For "LEGAL CAUSE" - Cause is: a). related to and affects the administration of office, and b). must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions a). Primarily confidential officers and employees hold office only for so long as confidence in them remains. b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office c). Non-career service officers and employees do not enjoy security of tenure. d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. 4) One must be VALIDLY APPOINTED APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure.
Abolition of Office To be valid, abolition must be made: (a) In good faith; (good faith is presumed) (b) Not for political or personal reasons; and (c) Not in violation of law. Temporary employees are covered by the following rules: 1). Not protected by security of tenure - can be removed anytime even without cause 2). If they are separated, this is considered an expiration of his term. 3). BUT: They can only be removed by the one who appointed them. 4). Entitled only to such protection as may be provided by law. No officer or employee in the Civil Service Service shall engage in any electioneering or in partisan political activity 1) Cannot solicit votes in favor of a particular candidate. 2) Cannot give campaign contributions or distribute campaign materials. 3) BUT: Allowed to express express views on political political issues, and to mention mention the names names of the candidates whom he supports. 4) Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATION DISQUALIFICATIONS S Disqualifications 1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC's or their subsidiaries b). Period of disqualification: One (1) year after such election. 2) Elective officials a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure. b). EXCEPTION: May hold ex officio positions. Examples: The Vice President may be appointed Cabinet member Congressman may sit in the Judicial and Bar Council c). To be eligible to hold any other office, the elected official must first resign his office d). Even Congress cannot, by law, authorize the appointment of an elective official. 3). Appointive officials a). a). Cann Cannot ot hold hold any any othe otherr offi office ce or empl employ oyme ment nt in the the gove govern rnme ment nt,, any any subd subdiv ivis isio ion, n, agen agency cy,, inst instru rume ment ntal alit ity, y, incl includ udin ing g GO GOCC CC's 's and and thei their r subsidiaries. b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position. c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed governed by the stricter prohibitions prohibitions contained therein.
Section 8. COMPENSATION 1) Prohibitions: applies to elected or appointed officers and employees Cannot receive: A. Additional Additional B. Double Double -
an extra reward given given for the same same office i.e. bonus bonus when when an offic officer er is given given 2 sets sets of compe compens nsati ation on for for 2 different offices held concurrently by 1 officer C. Indirect Compensation
2) EXCEPTION: EXCEPTION: Unless specifically authorized by law A. "SPECIFICALLY "SPECIFICALLY AUTHORIZED" AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3) Cann Cannot ot accep acceptt any prese present nt,, emolu emolumen ment, t, office office,, title title of any any kind kind from from forei foreign gn governments UNLESS with the consent of Congress. 4) Pension Pensions s and gratuities gratuities are NOT consider considered ed as addition additional, al, double double,, or indirect indirect compensation.
THE COMMISSION ON ELECTIONS Section 1. COMPOSITION/QUALIFI COMPO SITION/QUALIFICATIONS/TERM CATIONS/TERM Composition: (7) 1)Chairman and 2)Commissioners 2)Commissioners (6)
Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of appointment 3) Holders of college degrees; and 4) Not candidates for any elective position in the immediately preceding elections. 5) Majority of the Commission, including the Chairman must be: a). Members of the Philippines Bar b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, court, which which requires requires the applica application tion of law, law, legal legal procedu procedure, re, knowledg knowledge, e, training and experience.” 6) Appointments subject to CA approval
Term: 1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs. 2) LIMITATION: Single term only: no reappointment allowed 3) Appointment to a vacancy: only for unexpired portion of predecessor’s term 4) No temporary appointments, or appointments in acting capacity a). Thus, the President cannot designate an incumbent commissioner as acting Chairman. b). The choice choice of tempo temporar rary y chair chairman man falls falls unde underr the COME COMELE LEC’s C’s discretion. Section 2. POWERS AND FUNCTIONS Powers: 1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (a) Ex: COMELEC COMELEC can enjoin enjoin construc construction tion of public works works within within 45 days days of an election. 3) Exercise: A. Exclusive Exclusive original jurisdiction jurisdiction over over all contests contests relating relating to the elections, returns, returns, and qualifications of all elective 1. Regional, 2. Provincial, and 3. City officials B. Appellate jurisdiction over all contests involving: 1. Elective municipal officials decided by trial courts of general jurisdiction 2. Elective barangay officials decided by trial courts of limited jurisdiction. jurisdiction. C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal municipal and barangay offices shall be final, executory, and not appealable. Exception: Appealable to the SC on questions of law. D. Cont Contem empt pt pow power ers s
1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial quasi-judicial functions. It CANNOT exercise exercise this in connection connection with its purely executive or ministerial functions. 2. If it is a pre-proclamation controversy, the COMELEC exercises quasi judicial/administrative judicial/administrative powers. powers. 3. Its jurisdiction over ‘contests’ (after proclamation), proclamation), is in exercise of its judicial functions. functions. E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate jurisdiction. This is not an inherent power. 3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. 4) Deputiz Deputize, e, with the concurr concurrence ence of the President, President, law enforcem enforcement ent agencies agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. a). This power is NOT limited to the election period. b). Applies to both criminal and administrative cases. 5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on Elections. a). a). The The poli politi tica call part partie ies s etc. etc. must must pres presen entt thei theirr plat platfo form rm or prog progra ram m of government. b). There should be sufficient publication c). Groups which cannot be registered: i. Religious denominations/sects ii. Groups which seek to achieve their goals through violence or unlawful means iii. Groups which refuse to uphold and adhere to the Constitution iv. Groups which are supported by any foreign government. d). BUT: Political parties parties with religious affiliation affiliation or which derive their their principles from religious beliefs are registerable. registerable. e). Finan Financia ciall contr contribu ibutio tions ns from from forei foreign gn gove governm rnmen ents ts and and their their agen agencie cies s to political parties, organizations, coalitions, or candidates related to elections constitut constitute e interferenc interference e in nationa nationall affairs. affairs. If accepted, accepted, it is an additiona additionall groun ground d for the cance cancella llatio tion n of their their regist registrat ration ion with with the the Commi Commissi ssion on,, in addition to other penalties that may be prescribed by law. 6) File, File, upon a verified verified complaint, complaint, or on its own initiative initiative,, petitions petitions in court for inclusio inclusion n of exclusi exclusion on of voters; voters; investig investigate ate and, and, where where appropri appropriate, ate, prosecute prosecute cases cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices. A. COMELEC has exclusive jurisdiction to investigate investigate and prosecute prosecute cases for violations of election laws. B. COMEL COMELEC EC can deputi deputize ze prosecu prosecutor tors s for this purpo purpose. se. The actio actions ns of the prosecutors are the actions of the COMELEC C. Preliminary investigation investigation conducted conducted by COMELEC COMELEC is valid. valid.
7) Recom Recommen mend d to the the Congre Congress ss effec effectiv tive e measu measures res to minimi minimize ze elect electio ion n spend spendin ing, g, including limitation of places where propaganda materials shall be posted, and to preven preventt and and pena penaliz lize e all all forms forms of electi election on fraud frauds, s, offen offenses ses,, malpr malpract actice ices, s, and and nuisance candidacies. 8) Reco Recomm mmen end d to the the Pres Presid iden entt the the remo remova vall of any any offi office cerr or empl employ oyee ee it has has deputized, deputized, or the imposition of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision. 9) Submit Submit to the Presiden Presidentt and the congress congress a comprehe comprehensiv nsive e report on the conduct conduct of each election, plebiscite, initiative, referendum, or recall.
Section 3. RULES OF PROCEDURE/DECISIO PROCEDURE/DECISION-MAKING N-MAKING Rules of Procedure 1) COMELEC COMELEC can can sit sit en banc banc or or in two two division divisions s 2) It has has the the powe powerr to promul promulga gate te its its own own rule rules s of proc proced edur ure e in orde orderr to expe expedi dite te disposition of election cases, including pre-election controversies. Decision-Making 1) Election cases should be heard and decided in division. Provided that, 2) Motions for reconsideration of decisions should be decided by COMELEC en banc. 3) ”Decisions” mean resolutions on substantive issues. 4) If a divi divisi sion on dism dismis isse ses s a case case for for fail failur ure e of coun counse sell to appe appear ar,, the the Moti Motion on for for Reconsideration here may be heard by the division. 5) EXCEPTI EXCEPTION: ON: COMELEC COMELEC en banc banc may directly directly assume jurisdi jurisdictio ction n over a petition petition to correct manifest errors in the tallying of results by Board of Canvassers.
Section 4. SUPERVISION/REG SUPERVISION/REGULATION ULATION OF FANCHISES FANCHISES / PERMITS PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises franchises A. What can can COMELEC COMELEC supervise supervise or regulate regulate 1). The enjoyment or utilization of all franchises or permits for the operation of trans transpo port rtat atio ion n and and othe otherr publ public ic util utilit itie ies, s, medi media a of comm commun unic icat atio ion n or information. 2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary B. When can COMELEC exercise this power 1). During the election period a). Under Article XI, Section 9, the election period commences 90 days before the day of the election and ends 30 days thereafter. b). In special cases, COMELEC can fix a period. 2). Applies not just to elections but also to plebiscites and referenda. 3). Plebiscite: Plebiscite : Submission of constitutional amendments or important legislative measures to the people ratification 4). Referendum Referendum:: power of the electorate to approve or reject legislation through an election called for that purpose.
COMELEC and the MEDIA 1). COMELEC cannot cannot compel print media to donate free space space to the COMELEC. It may, however, compel it to provide space after paying just compensation. 2). Powe Powerr of COME COMELEC LEC is over over franch franchise ises s and and permi permits ts,, NOT indivi individu dual als. s. For example, COMELEC may not regulate media practitioners, for this would violate the freedom of expression.
Section 5. No pardon, amnesty, amnesty, parole, or suspension suspension of sentence for violation of election laws, rules, and regulations shall be granted by t he President without the favorable recommendation of the Commission.
Section 6 Definition of Political Party
orga organi nize zed d grou group p of pers person ons s purs pursui uing ng the the same same poli politi tica call idea ideals ls in a government and includes its branches, and divisions
Importance of registration of a political party 1) Registra Registration tion confers confers juridic juridical al personali personality ty on the party. party. 2) It informs informs the publi public c of the party's party's existe existence nce and and ideals. ideals. 3) It identifies identifies the party party and its officers officers for purposes purposes of of regulation regulation by the COMELEC COMELEC..
Section Section 7. No votes cast cast in favor favor of a political political party, party, organization organization,, or coalitio coalition n shall be valid, except for those registered under the party-list system as provided in this Constitution. Prohibition on block-voting block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM No Right to be Represented in Various Boards
Politica Politicall parties parties,, organiza organization tions, s, or coalitio coalitions ns register registered ed under under the party-li party-list st system shall NOT be represented in the following: 1). Voters’ registrations boards, 2). Boards of election inspectors, 3). Boards of canvassers, or 4). Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10. Bona fide candidates candidates for any public office office shall be free from any any form of harassment and discrimination.
This section does not give candidates immunity from suit. Discrimination includes unequal treatment in the availment of media facilities.
Section 11. FUNDING How provided 1) Funds Funds certified certified by the COMELE COMELEC C as necessary necessary to defray defray the expenses expenses for holding holding regular regular and special special electio elections, ns, plebisci plebiscites, tes, initiativ initiative, e, referend referenda a and recalls, recalls, shall shall provided in the regular or special appropriations. 2) Funds Funds should should be certifie certified d by the COMEL COMELEC EC as necessa necessary. ry. Release of funds
Once approved, funds should be released automatically automatically upon certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT Section 1. COMPOSITION/QUALIF COMPOSITION/QUALIFICATIONS ICATIONS Composition: 1) Chai Chairm rman an,, and and 2) Comm Commis issi sion oner ers s (2). (2). Qualifications: 1) Natural-b Natural-born orn citizens citizens of of the Philipp Philippines ines 2) At least least 36 years years old old at the time time of their their appo appointm intment; ent; 3) Either: a). CPA’s with at least 10 years auditing experience; or b). Members of Phil. Bar with 10 years of practice. 4) Members Members canno cannott all belong belong to the the same same profess profession. ion. 5) Subject Subject to confirma confirmation tion of the CA. 6) Must not have have been been candidates candidates for any any elective position in the elections elections immediately immediately preceding their appointment. Term: 1) Chairman Chairman -7 yrs; yrs; Commissi Commissione oner1 r1 -5yrs; -5yrs; Commission Commissioner er - 2 -3 yrs. 2) LIMITATI LIMITATION: ON: - Single Single terms only; only; no re-appo re-appointm intment ent allowe allowed d 3) Appointments Appointments to any any vacancy shall only be be for the unexpired unexpired portion of of predecessor’s predecessor’s term
Section 2. POWERS 1) Examine Examine,, audit, audit, and settle settle accou accounts nts pertain pertaining ing to: to: A. Revenue and and receipts receipts of funds funds or property; property; or B. Expendi Expenditure tures s and uses uses of funds funds or or property property Owned or held in trust by, or pertain to: A. The Government; Government; B. Any of its subdivis subdivisions ions,, agencies agencies or instrument instrumentaliti alities; es; C. Includin Including g GOCC’s GOCC’s with with original original charte charters. rs. 2) Conduct Conduct post-a post-audit udit with with respect respect to the the followin following: g: A. Constitutional Constitutional bodies, bodies, commissions, commissions, and offices offices granted granted fiscal autonomy; autonomy; B. Autonomo Autonomous us state state colleges colleges and and universit universities; ies; C. GOCC’s and and their subsidiaries subsidiaries incorporated incorporated under under the Corporation Corporation Code. Code.
D. None None-g -gov over ernm nmen enta tall enti entiti ties es rece receiv ivin ing g subs subsid idie ies s or equi equity ty,, dire direct ctly ly or indirectly, from or through the government, which are required by law of the granting of institution to submit to such audit. 3) If COA finds interna internall control control system of audited audited agencies agencies as inadequa inadequate, te, COA may adopt measures, including temporary or special pre-audit, as may be necessary. 4) Keep Keep the genera generall accou accounts nts of the governm governmen ent, t, prese preservi rving ng vouch vouchers ers and othe other r supporting papers pertaining thereto. 5) Exclu Exclusiv sive e autho authorit rity y to define define the scope scope of COA’s COA’s audi auditt and and exami examina natio tion n and and to establish the techniques and methods required therefor. 6) Promulga Promulgate te accountin accounting g and auditing auditing rules rules and regulatio regulations. ns. A.
B.
Including Including those for the prevention prevention or disallowance of irregular, unnecessary, unnecessary, exces excessiv sive, e, extra extravag vagan ant, t, or unco unconsc nscion ionab able le expe expend nditu itures res or uses uses of government funds and properties. Fail Failur ure e to compl comply y with with thes these e rule rules s can can be a grou ground nd for disap disappr prov ovin ing g the the payment of a proposed expenditure.
Note: 1) The function functions s of COA COA can can be be classifi classified ed as: as: A. B. C. D.
Examine and and audit all all forms of government government revenues; revenues; Examine Examine and and audit audit all forms of of gov’t expe expenditu nditures res Settl Settle e gov’ gov’tt acco accoun unts ts Promulgate accounting accounting and auditing auditing rules rules (including (including those for the prevention prevention of irregular…expenditures. E. To decide decide administrative administrative cases cases involving involving expenditures expenditures of public public funds. funds.
2) COA can settle settle only LIQUIDA LIQUIDATED TED ACCOUN ACCOUNTS TS or those those accoun accounts ts which which may be adjusted simply by arithmetic process. 3) COA has authority not just over accountab accountable le officers but also over other other officers officers who perform perform functio functions ns related related to accounti accounting ng such as verifica verification tion of evaluat evaluations ions and computation of fees collectible, and the adoption of internal rules of control. 4) COA does does not have the power power to fix the amount amount of of an unfixed unfixed or undetermined undetermined debt. debt. 5) Where Where the following following requireme requirements nts are complied complied with, with, it becomes becomes the minister ministerial ial duty of the COA to approve and pass in audit vouchers for payment: A. There is a law law appropriating appropriating funds funds for a particular particular purpose; purpose; B. There is a contract, contract, made made by the proper officer, officer, entered entered into in conformity with the above-mentioned law; C. The goods goods or service services s cover covered ed by such such contra contract ct have been delive delivered red or rendered in pursuance to such contract, as attested by the proper officer; and D. Payment has has been authorized authorized by officials officials of the corresponding corresponding department department or bureau.
6) Prosecu Prosecutors tors may still still review accoun accounts ts already already settled settled and approve approved d by COA for the purpose of determining determining possible possible criminal liability. This is because COA’s COA’s interest in such accounts is merely administrative. 7) COA COA has has the the pow power to dete determ rmin ine e the the mean meanin ing g of ‘pub ‘publi lic c bidd biddin ing’ g’ and and what hat constitutes constitutes failure when regulations require public bidding for the sale of government government property.
Section 3. No law shall be passed passed exempting any entity entity of the Government Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission Commission on Audit. Audit.
ARTICLE X: LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICA TERRITORIAL/POLITICAL L SUBDIVISIONS OF THE THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) 2) 3) 4)
Provinces Cities; Muni Munici cipa pali liti ties es;; and Baran rangays ays
There shall be Autonomous regions in: 1) Musl Muslim im Min Minda dana nao, o, and and 2) Cordileras [At present, present, it is only only the Cordilera ADMINISTRATIVE ADMINISTRATIVE region] region] Note: Note: 1) A third autonomous regions would require a constiutional amendment. 2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, AMENDMENT, and not by law. 3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s
Section 2. Local Autonomy 1) All politic political al subdivisi subdivisions ons shall shall enjoy enjoy local local autonomy autonomy 2) This does does not mean mean that that the LGU’s LGU’s are completely completely free from from the central government. government. A. Judiciary may may still pass on on LGU actions actions B. President President may exercise disciplinary power over LGU officials. officials.
SEC. 3. Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system system of decentra decentraliza lization tion with effectiv effective e mechani mechanisms sms of recall, recall, initiativ initiative, e, and referendum, allocate among the different local government units their powers, respon responsib sibili ilitie ties, s, and resou resource rces, s, and provi provide de for the qualif qualifica icatio tions ns,, electi election on,, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 4. PRESIDENTIAL SUPERVISION OF LGUS LGUS Supervision of President 1) The Preside President nt exercises exercises general general superv supervisio ision n over all LGUs LGUs 2) The Presi Presiden dentt exercises exercises DIREC DIRECT T supervisi supervision on over over A. Provinces B. Auton Autonomo omous us reg region ions s and and C. Indep Indepen ende dent nt citi cities. es. 3) This power power is limited limited to ensuring ensuring that that lower lower officers exercise their their functions functions in accordance with law.
4) The president president cannot cannot substitute substitute his judgment judgment for that that of an LGU official official unless the the latter is acting contrary to law. 5) The President President may, may, however, however, impose administrative administrative sanctions sanctions against against LGU LGU officials, officials, such as suspension for 120 days, and may even remove them from their posts, in accordance with law. 6) Provinces exercise direct supervision supervision over component component cities and and municipalities. municipalities. 7) Cities and and municipalities municipalities exercise direct supervision supervision over component component barangays. barangays.
Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC. Limitations on Power 1) It is subject to such such guidelines guidelines and and limitations limitations as as Congress Congress may provide. See Local Local Government Code for examples. 2) The guidelines guidelines set set by Congress Congress should should be be consistent consistent with the basic basic policy of local autonomy. Accrual of taxes, fees, charges The taxes, fees and charges shall accrue exclusively to the local governments.
Sect Sectio ion n 6. LGUs LGUs SHAL SHALL L HAVE HAVE A JUST JUST SHAR SHARE E IN NATI NATION ONAL AL TAXE TAXES, S, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM Internal Revenue Allotment (IRA) 1) Share of of LGUs in national national taxes taxes is limited to the internal revenue taxes. 2) The share share of each each LGU shoul should d be releas released ed,, witho without ut need of any furth further er actio action, n, directly to the provincial, provincial, city, municipal municipal or barangay treasurer. treasurer. Release is made on on a quarterly basis within 5 days after the end of each quarter. 3) The share share of each each LGU should should not be be subject subject to any lien lien or holdba holdback ck that may be be imposed by the national government for whatever purpose. 4) Each Each LGU should should appropri appropriate ate in its annual annual budget budget at least least 20% of its annual annual IRA for development projects. 5) Adju Adjust stme ment nts s in in IRA IRA A. Ground: Unmanageable Unmanageable public public section deficit deficit B. President can make make the necessary necessary adjustments adjustments in the the IRA upon the the recommendation of the following: 1. Depa Departm rtmen entt of Fina Finance nce Secr Secreta etary ry 2. DILG DILG Secr Secret etar ary y 3. DBM DBM Secr Secret etar ary y 6) IRA considered considered for purposes purposes of of conversion conversion from one political subdivision subdivision to to the next. next. (Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1) LGUs LGUs are are enti entitl tled ed to an equi equita tabl ble e shar share e in the the proc procee eeds ds of the the util utiliz izat atio ion n and and develop development ment of the national national wealth wealth within within their their respecti respective ve areas areas in the manner provided by law.
2) This includes includes share the same with the inhabitants inhabitants by way way of direct direct benefits. benefits. Under the LGC 1) LGUs LGUs have have a shar share e of 40% 40% of the the gros gross s coll collec ecti tion on deri derive ved d by the the nati nation onal al government from the preceding fiscal year from A. Mining taxes taxes B. Roy Royalti altie es C. Forestry Forestry and fishery fishery charges charges D. Other Other taxes, taxes, fees and charges charges E. Share Share in any co-produ co-productio ction, n, joint venture venture or production production sharing sharing agreeme agreement nt in the utilizat utilization ion and developmen developmentt of the national national wealth wealth w/in their territori territorial al jurisdiction
SEC. 8. TERM OF OFFICE Term of Office Elective local officials, now including barangay officials have a term of 3 years. Limitations: 1) No elective elective officia officiall shall serve serve for more than than 3 consecuti consecutive ve terms 2) Voluntary Voluntary renunciation renunciation of office office for any length length of time time shall not not be considered considered as an interruption in the continuity of his service for the full term for which he was elected. SEC. 9. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law There should be representatives from: 1) The The wom women en’s ’s sec secto tor r 2) The The worke rkers 3) Third sector sector (can (can choose choose from from any of of the follow following) ing) A) Urban poor poor B) Indigen Indigenous ous cultural cultural communi communities ties C) Disab Disabled led perso persons ns D) Any other other sector as may be determined determined by by the sanggunian sanggunian
Election of Sector Representatives SEC. 10. Creation, abolition and division of LGU’s 1) Requisit isite es A. Compliance with with the requirements requirements of the Local Local Government Government Code; and and B. Approved by by a majority majority of the votes votes cast in a plebiscite held held in the political units DIRECTLY affected. 2) Thus, a province province is supposed supposed to to be divided divided into 2 separate provinces, plebiscite will will include voters of the ENTIRE province, and not just the area to comprise the new province. 3) LGC requirements requirements relate relate to matters such such as population, population, revenue, revenue, and and area requirements.
Sec. 11. Metropolitan Metropolit an political subdivisions Creation: 1) Congress may create create special special metropolitan metropolitan political subdivisions subdivisions by law. 2) It is is subj subject ect to a plebis plebiscit cite e Jurisdiction Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. Basic Autonomy of Component Cities and Municipalities 1) The component component cities cities and municipalities municipalities retain retain their their basic basic autonomy autonomy 2) They shall shall be entitled entitled to their own own local executive executive and legislative legislative assemblies. assemblies.
SEC. 12. CITIES Classification Classification of Cities: 1) Highly Highly urbaniz urbanized ed (as (as determ determined ined by law) law) 2) Compone Component nt cities cities (cities still still under under provincia provinciall control); control); and 3) Independent Independent component component cities (non-highly (non-highly urbanized urbanized cities whose voters are prohibited by thecity charter from voting in provincial elections)
Independence from the Province 1) Highly urbanized urbanized cities cities and independent independent component component cities are independent independent of the province. 2) Component Component cities whose whose charter charter contain contain no such such prohibition prohibition are are still under under the control of the province and its voters may still vote for elective provincial officials.
Section 13. Coordination among LGUS Consolidation and Coordination of Efforts, Services and Resources 1) It is optional optional on the part part of LGUs LGUs as shown by by the use use of the word word “may” 2) It can be done for purposes commonly beneficial beneficial to them in accordance accordance with with the law. law. Under LGC (Section 33) 1) Consolidation Consolidation and coordination coordination may be done done through through appropriate appropriate ordinances. ordinances. 2) A public hearing hearing should should be conducted conducted and the approval approval of of the sanggunian sanggunian obtained obtained.. 3) An LG LGU ca can: A. Contribute funds, real real estate, equipment equipment and other other kinds of property B. Appoint/assign Appoint/assign personnel personnel under under such terms terms and conditions conditions as as may be agreed upon by the participating LGUs through Memoranda of Agreement.
Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) Local Local gov govern ernme ment nt offi officia cials ls 2) Regiona Regionall heads of depar departmen tments ts and other other governme government nt offices offices
3) Represe Representat ntatives ives of of NGOS within within the regions regions For Purpose of 1) Administ Administrativ rative e decentra decentraliza lization tion 2) To stren strength gthen en local local auto autono nomy my 3) To accelerate accelerate the economic economic and and social growth growth and developme development nt of the units in the the region
Section 15. AUTONOMOUS REGIONS Where: 1) Musl Muslim im Mind Mindan anao ao 2) Cord Cordil ille lera ra regi region on Factors: 1) Hist Histor oric ical al her herit itag age e 2) Cult Cultur ural al heri herita tage ge 3) Economi Economic c and and social social structur structures, es, 4) Other Other releva relevant nt chara character cteristic istics s within within:: A. The framework framework of the consititution consititution B. Nation National al sovere sovereig ignty nty C. Territ Territori orial al integ integrit rity. y. Creation: 1) Prov Provid ided ed by law. law. 2) EFFECTIVITY EFFECTIVITY of such such creation creation occurs occurs only when when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. 3) Only those those Provinces, Provinces, Cities, Cities, and Geographical Geographical Areas Areas voting favorably favorably in such plebiscite shall form part of the autonomous region. 4) If only 1 province province approved approved the law, NO AUTONOMOUS AUTONOMOUS REGION REGION created, created, since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite) 5) The question question of which which LGU’s shall shall constitute constitute an autonomous autonomous region region is one one which is exclusively for Congress to decide.
Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS By Whom: The President Purpose: To ensure that the laws are faithfully executed.
SEC. 17. 17. All All powe powers rs,, func functi tion ons s and and resp respon onsi sibi bili liti ties es not not gran grante ted d by this Constitution or by law to the autonomous region shall be vested in the National Government. Examples:
1) Foreign relations, 2) National defense and Security 3) Monetary Affairs
Section 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1) 2) 3) 4) 5) 6) 7) 8) 9)
Admin Administ istrat rative ive organiz organizati ation on;; Creation Creation of sources sources of revenue revenues; s; Ancestra Ancestrall domain domain and and natur natural al resour resources ces Persona Personal, l, family family and and prope property rty relati relations ons Regiona Regional, l, urban, urban, and rural rural plannin planning g developm development; ent; Economi Economic, c, social, social, and and touris tourism m develop development ment;; Educ Educati ation onal al polic policie ies; s; Preserva Preservation tion and and developm development ent of the cultura culturall heritage; heritage; and Such other other matters as as may be authorized authorized by law for the promotion promotion of the general welfare of the people of the region.
Limitations: 1) Subject to the the provisions provisions of of the Constitution Constitution and and national national laws laws 2) To be exerc exercised ised within within its its territor territorial ial jurisdi jurisdictio ction n
Section 21. PRESERVATION OF PEACE PEACE AND ORDER/DEFENSE AND AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. Defense and Security It shall be the responsibility of the national government.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS 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. Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman 2. Grounds Culpable violation of the Constitution treason bribery graft and corruption other high crimes or betrayal of public trust
Note: Note: It is an exclusive exclusive list. Congres Congress s cannot, cannot, by law, law, add to the list of impeacha impeachable ble offenses. 3. These These office officers rs cann cannot ot be charge charged d in court court with with offense offenses s that that have removal removal from office as penalty. 4. The Presi Presiden dentt cannot cannot be charged charged with with murder. murder. 5. A SC Just Justic ice e cann cannot ot be disb disbar arre red d beca becaus use e this this woul would d disq disqua uali lify fy him him from from his his position. 6. BUT AFTER an official official has been been impeached, impeached, he can be charged with with the appropriate appropriate offense. 7. Resig Resigna natio tion n by an impea impeach chab able le offic official ial does does not not place place him beyo beyond nd the reach reach of impeachment proceedings; he can still be impeached. All Other Public Officers and Employees 1. They may be removed from office as provided provided by law 2. BUT: NOT by impeachment
Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The The Hous House e of Repr Repres esen enta tati tive ves s has has excl exclus usiv ive e powe powerr to INIT INITIA IATE TE all all case cases s of impeachment. Procedure: 1. Filling of verified complaint a. Can Can be be fil filed ed by: by: 1. Any membe memberr of the the House House of Represe Representat ntatives ives or or 2. Any citizen citizen upon upon a resolutio resolution n of endorse endorsement ment by by any Member Member of the House or 3. By at least least 1/3 of all all the Member Members s of the House House of Repres Representa entative tives s 2.) 3.) 4.)
Inclusion of of complaint in in the order of of business wi with 10 10 session days Referral to proper Committee within 3 session days thereafter Submission o f Co Committee r ep eport t o th the H ou ouse t og ogether with c or orresponding resolution a. There There should should be a hea hearin ring g b. There There should should be be a majority majority vote of the the members members c. The report report should should be submitte submitted d within within 60 days from from referral, referral, after after hearing hearing,, and by a majority vote of ALL its members.
5.)
Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof Vote of at least 1/3 of all Members of the House necessary to:
6.)
a. Affirm Affirm a favora favorable ble resolu resolutio tion n with with the the Articl Articles es of Impea Impeach chmen mentt of the Committee or b. To overr override ide its its contra contrary ry resolu resolutio tion n Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the the House, it shall shall constitute the Articles Articles of Impeachment. Impeachment. Trial in the Senate shall proceed. 7.)
Trial in the Senate
A. Senate has has the sole sole power power to try and decide decide all cases cases of impeachmen impeachmentt B. For this purpose, the Senators Senators shall shall be under under oath oath or affirmation affirmation a. When the the Presiden Presidentt of the Philipp Philippine ines s is on trial, the the CJ of the Suprem Supreme e Court presides. However, he/she will not vote. 8.)
Judgmen Judgmentt of Convict Conviction ion
This requires the concurrence of 2/3 of all the Members of the Senate 9.)
Effect Effect of the Impeachm Impeachment ent a. Removal Removal from from offic office e of the the offici official al concer concerned ned b. Disqualification Disqualification to hold any any office office under under the Republic of the Philippines Philippines c. Officer Officer still still liable to prosecu prosecution tion,, trial, and and punishmen punishmentt if the impeachab impeachable le offense committed also constitutes a felony or crime.
Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN Composition: 1.) 2.) 3.) 4.)
Ombudsman/Tanodbayan Overall deputy At least one Deputy each for Luzon, Visayas and Mindanao Deputy for military establishment may be appointed Qualifications: (Ombudsman and his deputies) 1.) Natural Natural born citizen citizen of the Philippi Philippines nes 2.) At least least 40 years years old at at time of of appointment appointment 3.) Of recognized recognized probity and indepen independence dence 4.) Member Member of the the Philipp Philippine ine bar bar 5.) 5.) Must Must not not have have been been cand candid idat ate e for for any any elec electi tive ve offi office ce in the the imme immedi diat atel ely y preceding election 6.) For Ombudsman: Ombudsman: He must must have been for ten ten years or or more a. A ju judge or or b. Engage Engage in in the pract practice ice of of law in in the Philippi Philippines nes Disqualifications/Prohibitions (under Article IX, Section 2) 1.) Cannot hold hold any other other office or employment employment during his tenure 2.) Cannot engage engage in the practice practice of any profession profession or in the the active management management or control of any business which may be affected by the functions of his office 3.) Cannot Cannot be financiall financially y intereste interested, d, directly directly or indirect indirectly, ly, in any contract contract with or in any franch franchise ise or privil privilege ege grante granted d by the Gover Governme nment, nt, any of its subd subdivi ivisio sions ns,, agencies or instrumentalities, including GOCCs or their subsidiaries Appointment 1. Of Ombudsman Ombudsman and deputies a. By the presi preside dent nt from from a list list of at least least 6 nomi nomine nees es prepa prepare red d by the Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees b. Appoint Appointment ments s do NOT require require conf confirmat irmation ion c. All vacanc vacancies ies shall shall be filled filled within within 3 months months after after they they occur. occur. 2. Of other officials and employees of the Office of the Ombudsman
d. By the the Omb Ombud udsm sman an e. In accor accorda dance nce with with Civil Civil Serv Service ice Law Law Term: (Ombudsman and deputies) 1. 7 years with with reappointment 2. They are NOT qualified qualified to run for any office in the election election immediately succeeding succeeding their cessation from office Rank/Salaries: 1. The Ombudsman has the rank of Chairman of a Constitutional Commission Commis sion 2. The Members have the rank of members of a Constitutional Commission Commiss ion 3. Their salaries cannot be decreased during their term of office. Powers, Functions and Duties of the Office of the Ombudsman 1. Investiga Investigate te on its own, or on complain complaintt by any person, person, any act or omission omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. inefficient. a. The SC held held that the power power to investig investigate ate and prosec prosecute ute cases cases involvin involving g public officers and employees has been transferred to the Ombudsman. b. The Ombud Ombudsman sman may may always always delegate delegate his his power power to investig investigate. ate. c. The The powe powerr to inve invest stig igat ate e incl includ udes es the the powe powerr to impo impose se prev preven enti tive ve suspension. d. This preve preventiv ntive e suspens suspension ion is not not a pena penalty. lty. e. “INVESTI “INVESTIGATE GATE”” does not mean mean prelimin preliminary ary investig investigatio ation. n. f. The complain complaintt need need not not be be draw drawn n up in the the usual usual form. form. g. The “ILLEG “ILLEGAL” AL” act or omissio omission n need not not be in connectio connection n with the duties duties of the public officer or employee concerned. h. ANY illeg illegal al act may may be inves investiga tigated ted by by the Ombud Ombudsman sman.. In this this regard, regard, the Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors. 2. Direct, upon complaint complaint or at its own instance, instance, any public official official or employee of the government, or any subdivision, agency or instrumentality thereof, as well as of any gover governme nmentnt-ow owne ned d or contr controll olled ed corpo corporat ration ion with with origin original al charte charter, r, to perfo perform rm and and expedite any act of duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance performance of duties. a. The The Ombu Ombuds dsma man n has has PERS PERSUA UASI SIVE VE POWE POWER, R, and and may may requ requir ire e that that proper legal steps are taken by the officers concerned. b. The publi public c official official or employ employee ee must must be employe employed d in: (I). The Government (II). (II). Any Any sub subdiv divisi ision on,, agen agency cy,, or instr instrume umenta ntalit lity y the thereo reof; f; or (III (III). ). GOCC GO CC’s ’s with with orig origin inal al char charte ters rs c. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under the Supreme Court. 3.) Direct the officer concerned concerned to take the appropriate appropriate action action against a public official official or employ employee ee at fault, fault, and and recomm recommen end d his remov removal, al, suspe suspensi nsion on,, demot demotio ion, n, fine, fine, censure, or prosecution, and ensure compliance therewith. a. The The Ombu Ombuds dsma man n does does NOT NOT hims himsel elff pros prosec ecut ute e case cases s agai agains nstt publ public ic officers or employees. b. Final Final say to prosecu prosecute te still rests rests in the the executiv executive e departmen department. t. c. The The Ombu Ombuds dsma man n or Tano Tanodb dbay ayan an may may use use mand mandam amus us to compe compell the the fiscal to prosecute.
4.) Direct the officer concerned, concerned, in any appropriate appropriate case, and subject to such limitations limitations as may be provided provided by law to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds of properties, and report any irregularity to COA for appropriate action. 5.) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. 6.) Public matters covered by its investigation when circumstances so warrant and with due process 7.) Determine the cause of inefficiency, red tape, mismanagement, mismanagement, fraud and corruption in the government government and make recommendations recommendations for their elimination and the observance observance of high standards of ethics and efficiency 8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law Note: Note: The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or employees of the government, or any subdivision, subdivision, agency or instrumentality instrumentality including including GOCCs and their subsidiaries. subsidiaries. In appropriate cases, it should notify the complainants of the action taken and the result thereof. Fiscal Autonomy: The The Offi Office ce of the the Ombu Ombuds dsma man n enjo enjoys ys fisc fiscal al auto autono nomy my.. appropriations should be automatically and regularly released.
Its Its appr approv oved ed annu annual al
Section 7: OFFICE OF THE SPECIAL PROCECUTOR 1. Under Under the 1987 Constitu Constitution tion,, the existing existing Tanodba Tanodbayan yan became the Office Office of the Special Prosecutor 2. Powers a. It will continu continue e to functio function n and and exerc exercise ise its powers powers as now or hereaf hereafter ter may be provided by law b. Excepti Exception: on: Powers Powers conferre conferred d on the Office Office of the the Ombudsma Ombudsman n 3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman Note: Note: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases.
Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription, Laches, Estoppel 1.) The right of the State to recover recover properties properties unlawfully acquired acquired by public public officials and employees from them or from their nominees or transferees shall NOT be barred by prescription, laches or estoppel. 2.) Their right to prosecute criminally these officials and employees may prescribe.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Coverage: This prohibition applies to: 1.) 1.) 2.) 3.) 4.) 5.) 6.) 7.) 7.) 8.)
Pres Presid iden entt ViceVice-Pre Presid siden entt Members Members of of the Cabinet Cabinet Members Members of Congres Congress s Members Members of of Supreme Supreme Court Court Members Members of Constitu Constitution tional al Commissions Commissions Ombu Ombuds dsma man n Any firm or entity entity in which which they have have controlling controlling interest interest
When prohibition applies: Prohibition applies during their TENURE. Scope of prohibition: 1.) The above mentione mentioned d officials cannot cannot obtain, directly directly or indirectly for for BUSINESS PURPOSES: a. Loans b. Guaran rantee tees c. Other Other forms forms of financia financiall accom accommod modatio ation n From: 1. Governme Government nt owne owned d or contr controlle olled d banks; banks; or 2. Governme Government nt owned owned or controlle controlled d financial financial institut institution ions. s. 2.) If the loan, etc, is NOT for business business purpose, purpose, e.g. a housing housing loan, the prohibition prohibition does not apply.
Section 17: Statements of assets, liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required under the law. When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.)
Pres Presid iden entt ViceVice-Pre Presid siden entt Members Members of of the Cabinet Cabinet Members Members of Congres Congress s Justices Justices of of the Suprem Supreme e Court Court Members Members of Constitu Constitution tional al Commissions Commissions Other Other constituti constitutiona onall offices offices Officers of the armed forces with with general or or flag rank
Section 18: Allegiance of public officers and employees Allegiance to the State State and to to the Constitution Constitution Change in Citizenship/Immigrant Status 1.) Incumbent Incumbent public officers officers and employee employees s who seek either: either:
a. Chan Change ge his his citi citize zensh nship ip;; or b. Acquire Acquire immig immigrant rant status status in in anothe anotherr country country Shall be dealt with by law. 2.) If Philippin Philippine e citizens citizenship hip is one of the qualificat qualifications ions to the office, the loss of such citizenship means the loss of the office by the incumbent. 3.) The Electio Election n Code Code provid provides es the rules with with respe respect ct to non-i non-incu ncumbe mbent nts, s, i.e. i.e. persons running for elective offices. a. The Code Code provides provides that that permanen permanentt residents residents of or immigrant immigrant to a foreign foreign country cannot file certificates of candidacy unless they expressly waive their status as such This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.
ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY SEC. 1. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 1. More equitable distribution distributi on of opportunities, income and wealth; 2. Sustained Sustained increase in the amount amount of goods and services services produced by the nation nation for the benefit of the people; and 3. Expanding productivity, as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through through industries industries that make full and efficient efficient use of human and natural natural resources. Industries should also be competitive in both domestic and foreign markets. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Role of Private Enterprises Private Private enterpris enterprises, es, includin including g corporati corporations, ons, cooperat cooperatives ives,, and similar similar collecti collective ve organizations, shall be encouraged to broaden the base of their ownership.
Section 2. REGALIAN DOCTRINE Distinction between Imperium and Dominium 1. Imperium Government authority possessed by the State which is appropriately embraced in sovereignty. 2. Dominium a. The capac capacity ity of the the State State to own own and acqui acquire re property property.. b. It refers refers to lands lands held by the gove governme rnment nt in a proprieta proprietary ry characte character: r: can provide for the exploitation and use of lands and other natural resources. Scope: The following are owned by the State:
1. Lands of the public domain: Waters Minerals, coals, petroleum, and other mineral oils; All sources of potential potential energy; energy; Fisheries; Forests or timber; Wildlife; Flora and fauna; and Other natural resources. Alienation of Natural Resources 1. General Rule: All natural resources CANNOT be alienated 2. Exception: Agricultural lands Exploration, Development and Utilization of Natural Resources 1. Shall be under the full control and supervision of the State 2. Means A. The state may may DIRECTLY DIRECTLY UNDERTAKE UNDERTAKE such activities activities B. The The stat state e may may ente enterr into into CO-P CO-PRO RODU DUCT CTIO ION, N, JO JOIN INT T VENT VENTUR URE E OR PRODUCTION-SHARING arrangements with 1. Fili Filipi pino no citi citize zen n or or 2. Corp Corpor orat atio ion n or asso associ ciat atio ion n at leas leastt 60% 60% of whos whose e capi capita tall is owned by such citizens 3. Limitations: A. Period: It should not exceed exceed 25 years, years, renewable renewable for not not more than 25 years years B. Under terms and conditions as may be provided provided by law. 4. In case case of wate waterr righ rights ts/w /wat ater er supp supply ly/f /fis ishe heri ries es/in /indu dust stri rial al uses uses othe otherr than than the the development of water power The beneficial use may be the measure and limit of the grant. Small-scale Utilization of Natural Resources 1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens 2. Cong Congre ress ss may may also also auth author oriz ize e coop cooper erat ativ ive e fish fish farm farmin ing g with with prio priori rity ty give given n to subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons. Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. The President President may enter into agreements agreements with foreign owned owned corporations corporations involving techn technica icall or finan financia ciall assist assistan ance ce for for large large-sc -scale ale explo explorat ration ion etc. etc. of minera minerals, ls, petroleum, and and other mineral oils. These agreements agreements should should be in accordance with with the general terms and conditions provided by law.
2. They should should be based on the real contribu contribution tions s to economic economic growth growth and general general welfare of the country. 3. In the agreement agreements, s, the State should should promote promote the developme development nt and use of local local scientific and technical resources. 4. The President President should notify Congress of every contract contract under this provision within 30 days from its execution. 5. Management and service contracts are not allowed under this rule. Protection of Marine Wealth 1. The State shall protect its marine wealth in its Archipelagic Archipelagic waters
Territorial sea & EEZ 2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO 1. 2. 3. 4.
Agricultural Forest/timber Mineral lands & National Parks
Note: 1. Classification Classification of public lands is an exclusive prerogative prerogative of the Executive Executive Department Department through the Office of the President, upon recommendation by the DENR. 2. Classification Classification is descriptive of the legal nature nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Alienable lands of public domain 1. Only agricultural lands are alienable. 2. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Limitations regarding Alienable Lands of the Public Domain 1. For private corporations or associations A. They can only hold alienable alienable lands lands of the public domain domain BY LEASE LEASE B. Period: Cannot exceed 25 years, renewable for not more than 25 years C. Area: Lease cannot exceed 1,000 hectares Note: A corporation corporation sole is treated like other private corporations corporations for the purpose of acquiring public lands. 2. For Filipino Filipino citizens A. Can lease up to 500 500 hectares hectares B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant Taking into account the requirements of conservation, ecology and development, and subject to the requirements of agrarian reform, Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or lease and the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land 1. Acquired from government by purchase or grant; 2. Uninterrupted Uninterrupted possession possession by the occupant occupant and his his predecessors-in-interest predecessors-in-interest since time immemorial; and 3. Open, exclusive, exclusive, and undisputed undisputed possession of ALIENABLE ALIENABLE (agricultural) (agricultural) public land for a period of 30 years. A. Upon completion completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction. B. Here, in possession possession since time immemorial, immemorial, presumption is that that the land was never part of public domain. C. In computing 30 years, years, start from when land was converted converted to alienable land, land, not when it was still forest land D. Presumption is that land belongs to the State.
Section Section 4. Congres Congress s shall, as soon as possible possible,, determine determine by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, Thereafter, such forest lands and and national parks parks shall be conserved conserved and may not be increased increased or diminished diminished,, EXCEPT by law. Congress Congress shall shall provide provide measures to prohibit logging in a. Enda Endang nger ered ed for fores estt and and b. Wate Waters rshe hed d area areas s for such period as it may determine.
Section 5. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. The State protects protects the rights of indigenous indigenous cultural cultural communities communities to their ancestral lands A. Subject to Constitutional Constitutional provisions provisions B. Subject to national development policies and programs 2.
In deter determin mining ing owners ownership hip and exten extentt of ance ancestr stral al domai domain, n, Cong Congres ress s may use customary laws on property rights and relations.
3. “ANCESTRAL DOMAIN” A. It refers to lands which which are considered considered as pertaining to a cultural cultural region B. This includes lands not yet yet occupied, such as deep forests. Section 7. PRIVATE LANDS General rule 1. Private lands CAN only be transferred or conveyed to: A. Filipino citizens citizens B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens 2. Exceptions A. In intestate succession, where an alien heir of a Filipino is the transferee of private land. B. A natural born citizen of the Philippines Philippines who has lost his Philippine citizenship citizenship may be a transferee of PRIVATE ALND, subject subject to limitation provided by law. Hence, land can be be used only for residential residential purposes. purposes. In this case, he only acquires derivative title. C. Foreign Foreign states states may acquire land but only only for embassy embassy and staff residen residence ce purposes. 3. Filipino Filipino citizen citizenship ship is only only required required at the the time the land land is acquired acquired.. Thus, Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction Restricti on against aliens only applies to acquisition of ownership. Therefore: A. Aliens may be be lessees lessees or usufructuaries usufructuaries of private private lands lands B. Aliens may be mortgages mortgages of land, as long as they do not not obtain possession possession thereof and do not bid in the foreclosure sale. 5. Land Land tenure is not indispen indispensab sable le to the free exercise exercise of religious religious profession profession and worship. A religious corporation corporation controlled by non-Filipinos non-Filipinos cannot cannot acquire and own land, even for religious purposes.
Remedies to recover private lands from disqualified aliens: 1. Escheat proceedings 2. Action for reversion under the Public Land Act 3. An action by the former Filipino owner to recover the land A. The former pari pari delicto principle principle has been abandone abandoned d B. Alien still has the title (didn’t pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS Power of Congress 1. Congress, upon upon the recommendation recommendation of NEDA, NEDA, can reserve to Filipino citizens citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates. 2. Congress shall shall also enact measures measures to encourage encourage the formation formation and operation operation of enterprises whose capital is wholly owned by Filipinos. National Economy and Patrimony In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to QUALIFIED Filipinos.
Section 11. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. Congress may directly directly grant a legislative legislative franchise; franchise; or 2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s
Public utility 1. In order to be considered considered as a public utility, and thus thus subject to this provision, provision, the undertaking must involve dealing directly with the public. 2. Thus, a Build-Operate-Tra Build-Operate-Transfer nsfer grantee grantee is is NOT a public public utility. utility. The BOT BOT grantee grantee merely merely constructs constructs the utility, utility, and it leases the same to the governmen government. t. It is the government which operates the public utility (operation separate from ownership). To whom granted: 1. Filipino citizens or 2. Corporations Corporations or associations associations incorporated in the Philippines Philippines and at least least 60% of the capital is owned by Filipino citizens. Terms and conditions: 1. Duration: Not more than 50 years 2. Franchise is NOT exclusive in character 3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so requires. Participation of Foreign Investors 1. The parti particip cipati ation on of forei foreign gn invest investors ors in the gove governi rning ng body body of any publi public c utilit utility y enterprise shall be limited to their proportionate share in its capital.
2. Foreigne Foreigners rs cannot cannot be appoint appointed ed as the executiv executive e and managing managing officers officers because because these positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZ FORMATION/ORGANIZATION/REGULATI ATION/REGULATION ON OF CORPORATIONS 1. Private corporations corporations Congress can only provide for the formation, etc of private corporations through a general law. 2. GOCC’s They may be created by: a. Special charters in the interest of the common good and subject to the test of economic viability. b. By incorporation under the general corporation law.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. Temporary takeover or direction of operations: A. Conditions i. National emergency and ii. When the public interest interest requires requires B. May be used against against privately privately owned public public utilities or businesses businesses affected with public interest. C. Duration of the takeover: period of of emergency D. Takeover is subject to reasonable terms and conditions E. No need for just compensation because it is only temporary. 2. Nationalization Nationalization of vital vital industries: industries: A. Exercised in the interest interest of national national welfare welfare or defense defense B. Involves either: i. Establishment and operation of vital industries; or ii. Transfer Transfer to public public ownersh ownership, ip, upon upon payment payment of just compensati compensation, on, publi public c utili utilitie ties s and and othe otherr priva private te enter enterpri prises ses to be opera operated ted by the the government.
Section 19. MONOPOLIES 1. The Constitution does NOT prohibit the existence of monopolies. 2. The State State may eithe eitherr regula regulate te or prohi prohibit bit mono monopo polie lies, s, when when publi public c intere interest st so requires. 3. Combinations in restraint of trade or unfair competition are prohibited. Filipino citizenship or equity requirements: ACTIVITY REQUIREME REQUIREMENTS NTS
CITIZENSHIP CITIZENSHIP AND/OR EQUITY EQUITY
Exploitation of natural resources
1. Filipino citizens; or 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, with with 60% Filipino ownership
Operation of Public Utilities
1. Filipino citizens; or 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, with with 60% Filipino ownership
Acquisition of alienable lands of the public domain 1. Filipino citizens; 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, with with 60% Filipino ownership;
3. Former Former natural-b natural-born orn citizens citizens of RP, RP, as transferees, with certain legal restrictions; restrictions; and 4. Alien Alien heirs heirs as transf transfere erees es in case case of intestate succession. Practice of AL ALL Professions
Filipino ci citizens on only (natural pe persons) *Congress may, by law, otherwise prescribe
Mass Media
1. Filipino citizens; or 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, and and 100% Filipino owned
Advertising
1. Filipino citizens; citizens; or 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, and and 70% Filipino owned.
Educational institution
1. Fi Filipino citizens; or 2. Corpo Corporat ration ions s incorp incorpora orated ted in RP, RP, with with 60% Filipino ownership EXCEPT: Schools established by religious groups and mission boards. *Congres *Congress s may, may, by law, law, increase increase Filipino Filipino equity requirements for ALL educational institutions.
Other economic activities
Congress ma may, by by la law, re reserve to to Fi Filipino citize citizens ns or to corpo corpora ratio tions ns 60% 60% Filipi Filipino no owned (or even higher) certain investment areas.
ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1) Social Social justice justice in the Constitutio Constitution n is principa principally lly the embodimen embodimentt of the principl principle e that those who have less in life should have more in law. 2) The 1987 1987 Constitution Constitution advances advances beyond what what was in previous Constitutions Constitutions in that that it seeks not only economic social justice but also political social justice. Principal activities in order to achieve social justice 1) Creation Creation of more more economic economic opportu opportuniti nities es and more more wealth; wealth; and 2) Closer Closer regulatio regulation n of the acquisition acquisition,, ownership, ownership, use and disposi disposition tion of property property in order to achieve a more equitable distribution of wealth and political power.
Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protec protected ted by the Const Constitu itutio tion, n, what what rights rights are guara guarante nteed ed,, and and what what posit positive ive measures the state should take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law.
Right to participate in the decision making process of employers The workers have the right to participate on matters affecting their rights and benefits, “as may be be provided by law”. This participation can be through 1) 2) 3) 4)
collective ba bargaining ag agreements, grievance machineries, voluntary modes of settling disputes, and conciliation pr proceedings me mediated by by go government.
Agrarian Reform Goals: Agrarian reform reform must aim aim at 1) efficient production, 2) a more equitable distribution distributi on of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they till, and 3) a just share of other or seasonal farmworkers in the fruits of the land.
CARL as an exercise of police power and power of eminent domain
To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes necessary necessary to deprive owners of their land in excess of the maximum allowed there is compensable taking and therefore the exercise of eminent domain.
Reach of agrarian reform
It extends not only to private agricultural lands, but also to “other natural resources r esources,” ,” even including the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”.
The Commission on Human Rights Composition: 1) Chai Chairm rman an;; and and 2) 4 members Qualifications: 1) 2) 3) 4) 5)
Natural-b Natural-born orn citizens citizens of of the Philipp Philippines ines;; Majority Majority of the Commissi Commission on must be member members s of the Philippi Philippine ne Bar; Term of office, other qualifications and disabilities disabiliti es shall be provided by law; The appointment of the CHR members is NOT subject to CA confirmation; and The CHR is not of of the same level as the COMELEC, CSC, or COA.
Powers: 1) Investigate Investigate all forms of human rights violations violations involving civil or political political rights A. Violations Violations may be committed by public officers officers or by civilians civilians or rebels. rebels. B. CHR cannot investigate violations of social rights. C. CHR has NO adjudicatory powers over cases involving human rights violations. D. They cannot investigate cases where no rights are violated. E. Examp Example: le: There There is no right right to occupy occupy gover governme nment nt land, land, i.e. i.e. squa squatt thereo thereon. n. Therefore, eviction therefrom is NOT a human rights violation. 2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court. 4) Provide appropriate legal measures for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection. A. CHR can initiate court court proceedings proceedings on behalf behalf of victims victims of human human rights violations. violations. B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases. C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. These must be obtained from the regular courts. 5) Exercise visitorial visitorial powers over jails, prisons prisons and other detention detention facilities. 6) Establish continuing programs for research, education and information in order to enhance respect for the primacy of human rights. 7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families. 8) Monitor compliance by the government with with international treaty obligations on human rights. 9) Gran Grantt immu immuni nity ty from from pros prosec ecut utio ion n to any any pers person on whos whose e test testim imon ony y or whos whose e posse possessi ssion on of docu documen ments ts or othe otherr evide evidenc nce e is neces necessar sary y or conve conveni nien entt to determine the truth in any CHR investigation. 10) 10) Requ Reques estt assi assist stan ance ce from from any any depa depart rtme ment nt,, bure bureau au,, offi office ce,, or agen agency cy in the the performance of its functions. 11) Appoint its officers and employers in accordance with with law. 12) Perform such other functions and duties as may be provided for by law.
ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS EDUCATION Goals of the State: The State shall promote and protect: 1) The right to quality education at all levels; 2) The right to affordable and accessible education; and 3) Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission requirements.” Power to Dismiss Students 1) Schools Schools have the power to dismiss dismiss students students,, after after due process, process, for disciplinary disciplinary reasons. 2) Acts committed outside the school may also be a ground for disciplinary disciplinar y action if: a) It involves violations of school policies connected to school-sponsored activities; or b) The misconduct affects the student’s status, or the good name or reputation of the school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter medical school by requiring the applicants to take the NMAT.
Free Education 1) The State shall maintain a system of free education in: a) Elementary level, and b) High school level. 2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion. Educational Educational Institutions I. Filipinization A. Ownership: Ownership: 1). Filipino citizens, or 2). Corporations incorporated in RP and 60% Filipino-owned. EXCEPT: Schools established by religious groups and mission boards. 3). Congres Congress s may increase increase Filipino Filipino equity equity require requirement ments s in ALL educati educationa onall institutions. B. Control and Administration: 1). Must be vested in Filipino citizens 2). Refers to line positions, such as President, Dean, Principal, and Trustees 3). Faculty members may be foreigners. C. Student Population: 1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment. 2). EXCEPTIONS: Schools established established for foreign diplomatic personnel personnel and their dependents, and unless otherwise provided for by law for other foreign temporary residents. II. Tax Exemptions A. Non-stock, Non-stock, non-profit non-profit educational educational institutions: institutions: 1) All revenues revenues and assets actually, actually, directly and exclusively used for educational purposes are exempt from taxes and duties. 2) This is self-executory. B. Proprietary educational institutions, including cooperatives: 1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment 2) Requires an enabling statute 3) Grant Grants, s, endow endowmen ments, ts, dona donatio tions ns and and contri contribu butio tions ns actua actually lly,, direct directly ly and and exclusively used for educational purposes are exempt from taxes, subject to conditions prescribed by law. III. Academic Freedom A. Educational Educational Institutions Institutions Schools have the freedom to determine: 1) Who may teach, 2) What may be taught, 3) How it shall be taught, and 4) Who may be admitted to study. B. Faculty members 1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. 2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. 3) When faculty members speak or write in their capacity as citizens, then they
are free from institutional censorship or discipline. C. Students They have the right to enjoy in school the guarantees of the Bill of Rights. D. Limitations 1) Dominant police power of the State 2) Social interest of the community E. Budgetary Priority: 1). Education must be assigned the highest budgetary priority. 2). BUT: This command command is not absolute. absolute. Congres Congress s is free to determine determine what what shou should ld be given given budgeta budgetary ry priori priority ty in order order to enab enable le it to respo respond nd to the imperatives of national interest and for the attainment of other state policies or objectives.
Religious Education in Public Schools: Religion may be taught in public schools subject to the following requisites: 1) Express written option by parents and guardians; 2) Taught within regular class hours; 3) Instructors are designated and approved by the proper religious authorities; and 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
Section 6. Language 1) National language: Filipino 2) Official Languages: Filipino, and unless otherwise provided by law, English. 3) Regional languages are auxiliary to the official languages. 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
ARTICLE XVI - GENERAL PROVISIONS Sections 1-2. Symbols of Nationality 1) Flag
Red, white, and blue. With a sun and 3 stars The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new: (a) Name for the country, (b) National anthem, or (c) National seal. Note Note:: Law Law will will take take effec ffectt upon upon rati ratifi fica cati tion on by the the peop people le in a NATI NATION ONAL AL REFERENDUM.
Section 3. State Immunity Suability of State 1) The State cannot be sued without its consent. 2) When considered a suit against the State a). The Republic is sued by name;
b). Suits against an un-incorporated un-incorporat ed government agency; c). Suit is against against a government government official official,, but is such that that ultimate liability liability shall shall devolve on the government i. When a public public officer officer acts in bad faith, faith, or beyond beyond the scope scope of his authority, he can be held personally liable for damages. ii. BUT: BUT: If he acted acted purs pursua uant nt to his offic officia iall duties, duties, witho without ut malice malice,, negligence, or bad faith, they are not personally liable, and the suit is really one against the State. 3) This rule applies not only in favor of the Philippines but also in favor of foreign states. 4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.
Consent to be sued A. Express Express consent: 1). The law expressly grants the authority to sue the State or any of its agencies. 2). Examples: a). A law creating a government body expressly providing that such body “may sue or be sued.” b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent. B. Implied consent: 1). The State enters into a private contract. a). The contract must be entered into by the proper officer and within the scope of his authority. b). UNLESS: UNLESS: The contract contract is merely incidental incidental to the performance performance of of a governmental function. 2). The State enters into an operation that is essentially a business operation. a). UNLES UNLESS: S: The opera operatio tion n is inciden incidental tal to the the perfo performa rmanc nce e of a governmental function (e.g. arrastre services) b). Thus, when the State conducts business operations through a GOCC, the latter latter can general generally ly be sued, sued, even even if its chart charter er conta contain ins s no express “sue or be sued” clause. 3). Suit against an incorporated government agency. a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality. 4). The State files suit against a private party. UNLESS: The suit is entered into only to resist a claim. Garnishment of government funds: 1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject to garnishment. 2) EXCEPTION: A law or ordinance has been enacted appropriating appropriating a specific amount amount to pay a valid government obligation, then the money can be garnished. Consent to be sued is not equivalent to consent to liability: 1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable. 2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution execution or garnishment garnishment against against public funds. funds. Reason: No money shall shall be paid out out of the public treasury unless pursuant to an appropriation made by law.
Section 4. THE ARMED FORCES OF THE PHILIPPINES Composition: A citizen armed armed force Prohibitions and disqualifications: 1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote. 2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries. The Chief of Staff: 1) Tour of duty: Not exceed to three years 2) EXCEPTION: EXCEPTION: In times of war or other national national emergency emergency as declared by Congress, Congress, the President may extend such tour of duty.
ARTICLE XVII- AMENDMENTS OR REVISIONS Definitions: 1) Amendment: Amendment: an alteration alteration of one or a few specific specific provisions provisions of the the Constitution. Constitution. Its main purpose purpose is to improve improve specific specific provisions provisions of the Constitu Constitution tion.. The changes changes brought about by amendments will not affect the other provisions of the Constitution. 2) Revision: Revision: An examinat examination ion of the entire entire Constitutio Constitution n to determin determine e how and to what extent extent it should should be altered. altered. A revision revision implies substant substantive ive change, change, affectin affecting g the Constitution as a whole. Constituent power v. Legislative power
1) Constitu Constituent ent power power is the the pow power to form formul ulat ate e a Cons Consti titu tuti tion on or to prop propos ose e amend amendmen ments ts to or revisi revision ons s of the the Consti Constitu tutio tion n and and to ratify ratify such such propo proposa sal. l. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law). 2) Constituent Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative legislative power is power is an ordi ordina nary ry powe powerr of Cong Congre ress ss and and of the the peop people le,, also also thro throug ugh h init initia iati tive ve and and referendum. 3) The exercise of constituent of constituent power does power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum. Three (3) steps necessary to give effect to amendments and revisions: 1) Proposal of amendments or revisions by the proper constituent assembly; 2) Submission of the proposed amendments or revisions; and 3) Ratification. Ratification.
Proposal of amendments: Amendments Amendments may be proposed proposed by: by: A. Congress, Congress, acting as as a constituent constituent assembly, assembly, by a 3/4 vote of all its members. members. power of Congress Congress to propose amendment amendments s is NOT part of its ordinary ordinary The power legislative power. The only reason Congress can exercise such power is that the Constitution has granted it such power. B. Constitutional Convention: 1) How a Constitutional Convention may be called a). Congress may call a ConCon by a 2/3 vote of all its members; or b). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not. 2) Choice of which constituent assembly (either Congress or ConCon) should initiate initiate amendment amendments s and revision revisions s is left to the discretion discretion of Congress. Congress. In other words, it is a political question. 3) BUT: The manner of calling calling a ConCon is subject to judicial judicial review, because the Constitution has provided for vote requirements. 4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the calling of such ConCon, Congress - exercising its ordin ordinary ary legisl legislati ative ve power power - may supply supply such such detai details. ls. But But in so doing doing,, Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemble. 5) Congres Congress, s, as a constitu constituent ent assembly assembly and the ConCon ConCon have no power power to appro appropri priat ate e money money for their their expe expens nses. es. Money Money may be spen spentt from from the the treasury only to pursuant to an appropriation made by law. C. People’s Initiative 1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters. 2) Every legislative district represented by at least 3% of the registered voters therein. 3) Limitation: It cannot be exercised oftener than once every 5 years. Note: 1) While the the substanc substance e of the proposals proposals made made by each type of constitu constituent ent assembl assembly y is not subject subject to judicial judicial review, review, the manner manner the proposals proposals are made is subject subject to judicial review. review. 2) Since Since these these consti constitue tuent nt assemb assemblie lies s owe owe their their exist existen ence ce to the Constit Constituti ution on,, the courts courts may determine determine whether whether the assembly assembly has acted in accordan accordance ce with the Constitution. 3) Examp Examples les of justi justicia ciabl ble e issues issues:: a) Whet Whethe herr a prop propos osal al was was appr approv oved ed by the the requ requir ired ed numbe numberr of vote votes s in Congress (acting as a constituent assembly). b) Whether Whether the approve approved d proposals proposals were were properly properly submitted submitted to the people people for for ratification. Proposal of Revisions 1) By Congre Congress, ss, upon upon a vote vote of 3/4 of of its member members s 2) By a consti constitut tution ional al conve conventi ntion on
Ratification 1) Amendments Amendments and revisions proposed by Congress Congress and/or by a ConCon: ConCon: a) Valid when when ratified ratified by a MAJORITY MAJORITY of of votes cast in a plebiscite. plebiscite. b) Plebis Plebiscit cite e is held not not earli earlier er than 60 days days nor nor later later than than 90 days days from from the approval of such amendments or revisions. 2) Amendme Amendments nts propos proposed ed by the peop people le via initiat initiative: ive: a) Valid when when ratified ratified by a MAJORITY MAJORITY of of votes cast in a plebiscite. plebiscite. b) Plebis Plebiscit cite e is held not not earli earlier er than 60 days days nor nor later later than than 90 days days after after the certification by COMELEC of the petition's sufficiency. 3) Requisit Requisites es of a valid valid ratific ratificatio ation: n: a) Held in a plebis plebiscite cite condu conducted cted unde underr the election election law; law; b) Supe Supervi rvise sed d by the COME COMELE LEC; C; and and c) Where Where only franchi franchised sed voters voters (registe (registered) red) voters voters take take part. part. 4) Issue Issues s regardi regarding ng ratifi ratifica catio tion: n: a) The The Cons Consti titu tuti tion on does does not not requ requir ire e that that amen amendm dmen ents ts and and revi revisi sion ons s be submitted to the people in a special election. Thus, they may be submitted for ratification simultaneously with a general election. b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative sphere. That Congress could have done better does not make the steps taken unconstitutional. c) All the proposed proposed amendme amendments/ nts/revis revisions ions made made by the constitu constituent ent assembli assemblies es must be submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of amendments/revisions. d) Presidential proclamation is NOT required for effectivity of amendmen amendments/re ts/revisio visions, ns, UNLESS UNLESS the proposed proposed amendme amendments/ nts/revi revision sions s so provide.
ARTICLE XVIII - TRANSITORY PROVISIONS Effectivity of the 1987 Constitution
The 1987 Constitution took effect immediately upon its ratification. According to the SC, this took place on February 2, 1987, which was the day the people cast their votes ratifying the Constitution.
Military bases agreements 1) Renewals Renewals of military military bases bases agreements agreements must be through a strict treaty. 2) Ratif Ratifica icatio tion n of the agree agreeme ment nt in a plebis plebiscit cite e is necessa necessary ry only only when when Congres Congress s so requires. 3) Secti Section on 25 of Article Article XVIII XVIII allow allows s possi possibl ble e local local deplo deploym ymen entt of only AMERICA AMERICAN N forces.
