INTRODUCTION TO POLITICAL SCIENCE Political Science -Is a systematic study of state and government -Comes from the Greek word “polis” meaning, “city” or equivalent to sovereign city and Latin word “scire” meaning, to know -Deals with those relations among men and groups which are subject to control by the State Scope of Political Science 1. Political Theory - Entire body of doctrines relating to the energy, form, behavior and purpose of the state are dealt in the study of this subject. 2. Public Law - The organization of governments, limitations upon government authority, powers and duty of the government offices and officers and the obligation of one state to another are handled in the study of Public Law. 3. Public Administration - Attention is focused upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government. Function and Importance of Political Science 1. To discover the principles that should be adhered to in public affairs and to study the operations of government. 2. It’s findings and conclusions may be of immense practical use to constitution makers, legislators, executives and judges who need models or norms that can be applied to immediate situations. 3. The study of Political Science deals also with problems of social welfare, governmental economic programs, international cooperation and a wide range of other matters. Goal in the Study of Political Science 1. Education for Citizenship 2. Essential Parts of Liberal Education 3. Knowledge and understanding of government CONCEPTS OF STATE AND GOVERNMENT State - A community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the body of inhabitants render obedience, and enjoying freedom from external control. Philippines is a state. Elements of State 1. People - mass of population living within the state. 2. Territory - includes not only the land but also the rivers and lakes therein, a certain area of the sea which abuts upon its coast and the air space above it. 3. Government - refers to the agency through which the will of the state is formulated, expressed and carried out. 4. Sovereignty - the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and to have freedom from foreign control. Two Manifestations of Sovereignty 1. Internal - the power of state to rule within its territory 2. External - freedom of the state to carry out its activities without subjection to or control by other state. It is often referred to as Independence. Origin of State 1. Divine Right Theory - the state is of divine creation and the ruler is ordained by God. 2. Necessity or Force Theory - states must have been created through force. 3. Paternalistic Theory - attributes the origin of state to the enlargement of the family which remained under the authority of the father or mother.
4. Social Contract Theory - states must have been formed by deliberate and voluntary compact among the people to form a society and organize a government. Nation - is a group of people bound together by certain characteristics such as common social origin, language, customs, and traditions. State distinguished from Government
• STATE cannot exist without GOVERNMENT. • It is possible to have a GOVERNMENT without a STATE. • The STATE, as long as its essential element are present, remains the same. • A GOVERNMENT may change its form. • Government is only the agency to which the STATE expresses its will. FORMS OF GOVERNMENT 1. As to number of persons exercising sovereign powers: • Monarchy - the supreme and final authority is in the hand of a single person. • Absolute Monarchy - ruler rules by divine right. • Limited Monarchy - ruler rules in accordance with the constitution. • Aristocracy - political power is exercised by a few privileged class. • Democracy - political power is exercised by a majority of the people. • Indirect / Pure Democracy - will of the state is expressed directly through mass meeting. • Indirect / Representative / Republican Democracy - the will of the state is formulated or expressed through the agency of a small selected body, chosen by the people to act as their representative. 2. As to extent of powers exercised by the central or national government: • Unitary Government - control of national and local government is exercised by the central or national government. • Federal Government - powers of government are divided for national and the other for local affairs. 3. As to relationship between the executive and legislative branches of the government: • Parliamentary Government - the state confers upon the legislature the power to terminate the tenure of office. • Presidential Government - the executive is constitutionally independent of the legislature. GOVERNMENT OF THE PHILIPPINES IN TRANSITION Pre-Spanish Government • Baranggay - (named after Balangay, Malayan term meaning “boat”) consist of more or less 100 families. Every baranggay was a state for it possessed four elements of statehood. • Datu - Each baranggay was ruled by a chief called Datu, Rajah, Sulta, or Rajih in some places. It can be attained by wealth, wisdom, inheritance, or power. Early Laws Written laws were promulgated by the Datus. Early Filipinos has both written and unwritten laws. An eminent scholar had written that the Filipino people had shown high intelligence and moral virtue even in pre-historic times. • Maragtas Code - said to have been written about 1250 A.D. by Datu Sumakwel of Panay. • Kalantiaw Code - written in 1443 A.D. by Datu Kalantiaw Laso of Panay. • Unwritten Law - consists of customs and traditions which had been passed down from generations to generations.
Government during Spanish Period • 1521 - discovered by Ferdinand Magellan • 1898 - the Philippines was ceded by Spain to United States by the Treaty of Paris • The Judiciary - the Royal Audencia, established in 1853 was the Supreme Court of the Philippines during Spanish times. Also performs functions of Executive and Legislative Nature. • Spain uplifted the Filipino from primitive culture and introduce Christianity and European civilization.
• Powers - A revolutionary government being a direct creation of the people, derives its powers from the people to whom alone it is accountable.
• Provisional Constitution - By its very nature, the Provisional Constitution self-destruct upon the ratification and effectivity of the new constitution on Feb. 2, 1987. CONCEPT OF CONSTITUTION
• Constitution - the body of rules and principles in accordance with which the power of the Government during the Revolutionary Era • Katipunan Government - The secret society that preceded our glorious revolution on August 26, 1896. Organized by Andres Bonifacio, signed with their blood on July 7, 1892. • Bias na Bato Republic - Established by Gen. Emilio Aguinaldo on Nov. 1, 1897. Declared that the aim of the revolution was to separate Philippines from Spain. Lasted until Dec. 15, 1897. • Dictatorial Government - Established on May 23, 1898. Proclaimed Philippines Independence at Kawit, Cavite on July 12, 1898. • The Revolutionary Government - Established on June 29, 1898 by Gen. Aguinaldo replacing the Dictatorial Government. • The First Philippine Republic - The free and independent Philippine Republic which was inaugurated on Jan. 23, 1893. Government during the American Regime • Military Government - Began on Aug. 14, 1898. Gen. Wesley Meritt - first American Military Governor; second is Gen. Ewell E. Otis; and third is Major Gen. Arthur McArthur. • Civil Government - Inaugurated in Manila on July 4, 1901 headed by a civil governor whose position was created on Oct. 29, 1901. • The Commonwealth Government - Established on March 24, 1934 also known as TydingsMcDuffie. It is a form of government in transition towards independence. Government during the Japanese Regime • Japanese Military Administration - Established in Manila on Jan. 3, 1942 under a proclamation issued by the Japanese High Command. The sovereignty of U.S. over the Philippines was terminated. • Philippine Executive Commission - Composed of Filipinos with Jose Vargas as chairman. Exercised both the executive and legislative powers. • Japanese Sponsored Republic of the Philippines - Inaugurated on Oct. 14, 1943 with Jose P. Laurel as the President. August 17, 1945, Pres. Laurel proclaimed the dissolution of the Republic. The Previous Philippine Republics • The Republic of the Philippines was formally inaugurated on July 4, 1946 with Manuel A. Roxas as the first President and Elpidio Quirino as the Vice President. Both served from May 28,1946July 4, 1946 as the last Commonwealth President and Vice-President, respectively. • Jan. 23, 1899 - first Republic was established under the Malolos Constitution. • Oct. 14, 1943 - second Republic under the Japanese - sponsored constitution • July 4, 1946 - third Republic under the 1935 Constitution • June 30, 1981 - proclaimed the birth of the fourth Republic under the 1973 Constitution Provisional Government of 1986 • Revolutionary - Because it was instituted not in accordance with the procedure provided in an existing Constitution • De Jure - Founded in accordance with the existing constitution of the State • De Facto - Not constituted or founded but has the general support of the people • Constitutional and Transitory - The provisional government was not a purely revolutionary one but a hybrid constitutional revolutionary government. • Democratic - The provisional Government was claimed to be democratic because it was installed by direct action of the people as a direct expression and manifestation of their sovereign will therefore it was based on the consent of the people.
sovereignty are regularly exercised.
• Constitutional Law - may be defined as that branch of public law which treats as constitutions, their nature, formation, amendment and interpretation. Kinds of Constitution 1. As to origin or history: • Conventional / Enacted - one which is enacted by the constitution assembly or granted by a monarch • Cumulative / Evolved - one which is a product of growth or a long period of development originating in customs, traditions, etc. 2. As to form: • Written - which has been given definite form at a particular time • Unwritten - entirely a product of political evolution consisting largely of a mass of customs, usage, etc. 3. As to manner of amending them: • Rigid / Inelastic - regard as a document or a special sanctity which cannot be altered or amended • Flexible / Elastic - possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws
• PREAMBLE - derived from the latin word “preambulare”, w/c means “to walk before”. It is a prologue or introduction of the Constitution. Notes:
ARTICLE I: NATIONAL TERRITORY
Section 4: The prime duty of the Government is to serve and protect the people.
Archipelago - from Greek word pelagos, meaning “sea” or “part of a sea studded with islands”. It includes both sea and land which geographically may be considered as an independent whole.
Military and Civil Defense by the People 1. Defense of State performed by the people - the duty of the government and the people to defend the State, cannot be performed except through an army. 2. Compulsory - citizen may be compelled to render personal military or civil service . 3. Civil Service - refers to any service for the defense of the State other than as soldiers, like as workers in ammunition factories 4. Personal - one cannot render the service required through another. The service must be “personal”. 5. By Law - the phrase “ under conditions provided by law” is intended to prevent arbitrariness on the part of certain officials to require military or civil service.
Philippines territory consist of its Terrestrial, Fluvial and Aerial Domains Territorial Sea - part of the sea extending 12 nautical miles (19kms) from the low watermark. Also known as “marginal sea”, “marine belt”.
• The seabed (sea floor or sea bottom) - land that holds the sea, lying beyond the sea shore, including mineral and natural resources.
• Subsoil - refers to everything beneath the surface soil and the seabed including mineral and natural resources.
• Insular Shelves - submerged portion of a continent or offshore island, which slope gently seaward.
Role of women in nation building 1. Proven capabilities of Filipino women 2. Expansion of women’s role 3. Equality of men before the law
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICY Equal access to opportunities for public service Section I: The Philippine is a democratic and Republican State. Republican Government - democratic government by representatives chosen by the people at large
• Limitation of term of office • Prohibition of political dynasties • Prohibition constitutionally mandated Section 5: The maintenance of peace and order, the protection of life, liberty, and property.
Manifestation of a Democratic and Republican State 1. Existence of Bill of Rights (Art.III) 2. Observance of the rule of Majority 3. Observance of the principles that ours is a government of laws and not of men. 4. Presence of election through popular will. 5. Observance of the principles of separation of powers and the system of checks and balances. 6. Observance of the principles that the legislature cannot pass irreparable laws 7. Observance on the law on public officers 8. Observance of the principles that the State cannot be sued without its consent
Section 6: The separation of Church and State shall be inviolable. Section 7: The State shall pursue an independent foreign policy. Foreign Policy - is the basic direction underlying the conduct by a state of its affairs vis-à-vis those of other States. Section 8: Freedom from nuclear weapons in its territory. Section 9: The State shall promote a just and dynamic social order.
Sovereignty • Implies the supreme authority to govern • Can be exercised directly through public officials • Can be exercised indirectly through suffrage Right of People to Revolt • People as the ultimate judges of their destiny, can resort to revolution as a matter of right. Section 2: The Philippines renounces war as an instrument of national policy International Laws - refers to the body of rules and principles w/c governs the relations of nations and their respective people in their intercourse with one another.
Section 10: The State shall promote social justice. Social Justice - state must give preferential attention to the welfare of the less fortunate members of the community. Section 11: The State values the dignity and guarantees full respect for human rights. Section 12: The State recognizes the sanctity of family life. Family - as the basic autonomous social institution
• Right to life of the unborn from conception and of the mother. • Rearing of the youth for civic efficiency and development of moral character
Section 3: Civilian authority is, at all times, supreme over the military
• Armed Forces of the Philippines - protector of the people and the State. The goal is to secure the sovereignty of the State and the integrity of the national territory Supremacy of Civilian Authority over the Military 1. Inherent in a republican system - the idea of the supremacy of civilian authority. The highest of such authority being the President 2. Safeguard against military dictatorship - a civilian, the President is the commander in chief of all armed forces of the Philippines
1. 2. 3. 4. 5.
duty both of parents and government right of State to interfere with education of children power of state to regulate all schools State and parental obligation duty of the State to encourage educational institutions
Section 13: State recognize the vital role of the youth for Nation Building. Section 14: The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
Role of women in nation building 1. Proven capabilities of Filipino women - history shows that our women past and present, have ably proven their capabilities in all fields of human endeavors. 2. Expansion of women’s role - the constitution gives recognition to the role Filipino women have played and continue to play as partners in the task of nation building. 3. Equality of men before the law - Men and women are fundamentally equal. As a rule, women has narrower occupational choices and have lower earnings than men. Section 15: The right to health of the people and instil health consciousness among them. Health - is the state of physical social and mental well-being rather than merely the absence of physical disease. Section 16: The right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Ecology - branch of science that deals with the study of the interrelationships of living things and their environment Section 17: The State shall give priority to education, science and technology, arts, culture, and sports. Section 18: The State affirms labor as a primary social economic force. Section 19: The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20: The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21: The State shall promote comprehensive rural development and agrarian reform. Comprehensive rural Development - covers all phases of rural development - economic, social, political, cultural and industrial Section 22: The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Indigenous cultural community - refers to those non-dominant group w/c possess and wish to preserve characteristic markedly different from the rest of the population. Ex: Ethnic, religious and linguistic traditions Section 23: The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24: The State recognizes the vital role of communication and information in nation-building. Section 25: The State shall ensure the autonomy of local governments. Section 26: The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. Equal access to opportunities for public service • Limitation of the term - enhance equal access to political opportunities • Prohibition of political dynasties - expresses a national commitment to democratize elections and appointment to positions in the government • Prohibition constitutionally mandated Section 27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.
Section 28: Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. ARTICLE III: BILL OF RIGHTS Bill of rights - may be defined as a declaration and enumeration of a persons right and privileges which the constitution designed to protect against violations by the government or by an individual or groups of individuals. Example: right to receive a minimum wage and the right to adopt a child by an unrelated person. Classes of Rights 1. Natural Rights - Rights posses by every citizen without being granted by the state for they are given to man by God as human being created to his image. 2. Constitutional Rights - Rights which are conferred by the constitution. 3. Statutory Rights - Rights which are provided by laws by the law making body and consequently maybe abolish by the same body. Classification of Constitutional Rights 1. Political Rights - Gives the citizen the power to participate directly or indirectly. 2. Civil Rights - Rights which the law enforce. Includes the rights to due process and equal protection of the law. 3. Social and Economic Rights - Includes the right which are intended to insure the well-being and economic security of the individual. 4. Rights of the Accused - Civil rights intended for the protection of the person accused of any crime. Like the right to presumption of innocence. Due Process of Law - a law or a policy that hears before it condemns, a principle of fair play. Aspects of Due Process of Law 1. Procedural Due Process - refers to the method or manner by which the law is enforced. 2. Substantive Due Process - requires that the law itself not merely the procedure by which the law would be enforced is fair, reasonable, and just. Procedural Due Process 1. Judicial Proceedings Requisite • An impartial court clothed by law with authority to hear and determine the matter before it • Jurisdiction lawfully acquired over the person of the defendant or property w/c is the subject matter of the proceedings • Opportunity to be heard given the defendant • Judgment to be rendered after lawful hearing 2. Administrative Proceedings - notice and hearing may be dispensed with, where because of public need or for practical reasons, the same is not feasible. Substantive Due Process - Law requires that the law in question affecting life, liberty or property be a valid law. Life - means something more than mere animal existence. Liberty – denotes merely freedom from physical restraint. It also embraces the rights of man to use his faculties with which he has been endowed by his Creator. Property – may refer to the thing itself or the right over a thing. Equal protection of the law – signifies that “all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges conferred and liabilities imposed”.
Search warrant – an order of writing issued in the name of the people of the Philippines, signed by a judge and directed to a peace officer commanding him to search for certain personal property and bring it before the court. Warrant of arrest – to arrest a person designated and to take him into custody in order that he may be bound to answer for the commission of an offense. Scope of the Protection: 1. Persons - the protection applies to everybody. 2. Houses - the protection is not limited to dwelling houses but extends to a garage, warehouse, shop, store, office, and even a safety deposit vault. Does not extent to open spaces and fields belonging to one. 3. Papers and effects - include sealed letters and packages in the mail which may be opened and examined only in pursuance of a valid search warrant.
2. Press covers every sort of publication. Radio and television as instrument of mass communication is included within the term. Freedom of expression not Absolute 1. Subject to regulation by the State - it is always subject to some regulation by the State in order that it may not be injurious to the right of the community or society. 2. Subject one to liability when abused - the following may be penalized: • Anyone who Slanders or Libels • Lewd and obscene speech • Fighting words • Seditious speeches Right of Assembly and Right of Petition
• Right of Assembly - the right on the part of the citizens to meet peaceably for consultation in respect to public affairs.
Requisites for valid search warrant or warrant of arrest • Must be issued upon probable cause • Probable cause must be determined personally by the judge himself • Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce • Must be particularly describe the place to be search and the person or things to be seized. Probable cause - such facts and circumstances antecedent to the issuance of the warrant sufficient in themselves to induce a cautious man to rely upon them and act in pursuance thereof. When search and seizure may be made without warrant 1. Where there is consent and waiver. 2. Where such is an incident to a lawful arrest 3. In the case of contraband or forfeited goods being transported by ship, automobile, or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them. 4. Where without a search, the possession of the articles prohibited by law is disclosed to plain view or is open to eye and hand. 5. As an incident of inspection, supervision and regulation in the exercise of police power. 6. Routinary searches usually made at the border or at ports of entry in the interest of national security. When Arrest maybe made without warrant: 1. When in his presence, the person to be arrested has committed or attempting to commit an offense. 2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment, or has escaped while being transferred to one confinement to another. Section 3: Right of privacy – right to be left alone Section 4: No law shall be passed abridging the freedom of speech, of expression, or of the press Meaning of Freedom of speech, expression and of the press Also known as freedom of expression, implies the right to freely utter and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as it does not violate the law. It also includes the right to circulate what is published. Scope of terms of Speech, expression and press 1. Speech and expression includes any form of oral utterances
• Right of Petition - right of any person or group of persons to apply, without fear of penalty to the appropriate branch or office of the government for redress of grievances. Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. Religious Freedom - right of man to worship God, and to entertain such religious views as appeal to his individual conscience without dictation or interference by any person or power, civil or ecclesiastical. Religion - includes all forms of belief in the existence of superior beings exercising power over human beings. Section 6: The liberty of abode and travel Liberty of Abode and Travel - right of a person to have his home in whatever place chosen by him and thereafter to change it at will, and to go where he pleases without interference from any source. Limitations:
• Permissible interference - “except upon lawful order of the court” and except in the national security, public safety or public health according to law.
• Intervention of the court - note that under the second limitation, a court order is not necessary a person whose liberty of abode is violated may petition for a writ of habeas corpus against another holding him in detention Section 7: The right of the people to information on matters of public concern shall be recognized. Writ of Habeas Data - a judicial remedy available to any individual whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act. Purpose of Writ - by way of regulating the processing of personal information or data about him. Gives the individual the right to find out what information is being kept about. Section 8: The right of the people, to form unions, associations, or societies not contrary to law. The right to form an association - is the freedom to organize or to be a member of any group or association, union or society and to adopt the rules which the members judge most appropriate to achieve their purpose. Grants government employees to form labor unions. Section 9: Private property shall not be taken for public use without just compensation. Inherent Powers of Government Totality of governmental power, contains three great powers: 1. Power of Eminent Domain - power of the state to take private property for public use upon paying the owner just compensation. 2. Police Power - power of the state to enact laws and regulations in relation to person and property as may promote public health, public morals, public safety, and general welfare of the people.
3. Power of Taxation - power of the state to impose charge or burden upon persons, property, or property rights for the use and support of the government and to enable it to discharge its appropriate functions. Illustrations of Police Power 1. Public health - those regulating the medical profession 2. Public Morals - those punishing vagrancy and prostitution, prohibiting gambling, etc. 3. Public Safety - eg. those requiring a license to drive a motor vehicle 4. General welfare and Convenience - those requiring compulsory registration of lands, authorizing the removal of billboard offensive to sight, etc. Taxes - are enforced proportional contributions from persons and property levied by the lawmaking body of the State. Section 10: No law impairing the obligation of contracts shall be passed. Obligation of Contract - is the law or duty which binds the parties to perform their agreement according to its terms and intent if it is not contrary to law, morals, good customs, public order or public policy.
Section 12: Right to be informed of one’s rights and be free from any forms of violence, torture or force. Rights of Person under investigation 1. to be informed of his right to remain silent 2. to have competent and independent counsel preferably of his own choice or to be provided with one 3. against the use of torture, force, violence, threat, intimidation, or any other means w/c vitiates the free will 4. against being held in secret, solitary , incommunicado, or other similar forms of detention Section 13: Right to bail, except those charged with reclusion perpetua. Bail - security required by a court and given for the provisional or temporary release of a person who is in the custody of the law. Purpose and form of Bail:
• To relieve an accused from imprisonment until conviction • Right to bail is granted because in all criminal prosecutions, the accused is pressumed innocent. • It may be in a form of cash deposit, property bond, bond from surety company or recognized.
Section 11: Free access to the courts and quasi-judicial bodies and adequate legal assistance. Who may not invoke the right to Bail Constitutional Rights of the Accused in Criminal Cases 1. Right to adequate legal assistance 2. The right to be informed of his right to remain silent and to have a counsel 3. Right against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the free will. 4. Right against being held in secret, incommunicado, or similar forms of solitary detention. 5. Right to bail and against excessive bail 6. Right to due process of law 7. Right to presumption of innocence 8. Right to be heard by himself and counsel 9. Right to be informed of the nature and cause of the accusation against him. 10. Right to have a speedy, impartial trial. 11. Right to meet the witnesses face to face 12. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. 13. Right against self-incrimination 14. Right against detention by reason of political beliefs and aspirations 15. Right against excessive fines 16. Right against cruel, degrading or inhuman punishment. 17. Right against infliction of the death penalty except for heinous crimes 18. Right against double jeopardy. Reasons for Constitutional Safeguards 1. A criminal case, an unequal contest - it is of necessity, unequal contest because the parties are of unequal strength. 2. Criminal accusations, a very serious matter-the defendant by merely being accused may find himself in immediate trouble whether guilty or not, his reputation is at question. The accused therefore needs every possible opportunity to defend himself 3. Protection of innocent, the underlying purpose-the purpose is to assure that truth will be discovered and that justice will be done Right to Free access to courts and Quasi-judicial bodies - for the protection of their persons and properties, the prevention and redress of wrongs and the enforcements of contracts. Right to adequate legal assistance - the State has a duty to provide free and legal assistance to citizens when needed.
• Applicant is not yet in custody of the law • Charged with capital offense or an offense punishable by reclusion perpetua, life imprisonment or death.
• No bail shall be allowed after the judgment has become final or after the accused has commenced to serve sentence. Capital Offense - is an offense, which under the law existing may be punishable by “reclusion perpetua”, life imprisonment, or death. Section 14: No person shall be held to answer for a criminal offense without due process of law. Right to due process of law 1. Due process in its procedural aspect - a person cannot be held to answer without due process of law. • The accused must be: - Tried before a competent court (ex. Court having jurisdiction) - Given fair and impartial trial - Allowed to use all legal means and opportunity to defend himself • The judgment awarded against him must be within the authority of a valid law. 2. Observance of fundamental fairness Right to presumptions of innocence In all criminal prosecutions, the accused is presumed innocent until the contrary is proved.
• Safeguard against false conviction - the presumption is no person shall be convicted of a crime except upon confession or his guilt is an established proof beyond reasonable doubt.
• Requirement of proof of guilt beyond reasonable doubt - “it is better to acquit a person upon the ground of reasonable doubt even though he may, in reality be guilty, than to inflict imprisonment on one who may be innocent”. Right to be heard by himself and counsel The Rules of Court provides: 1. In all criminal prosecution, the defendant shall be entitled to be present and defend in person and by counsel at every stage of the proceedings. 2. The accused must be present at the arraignment and must personally enter is plea
3. After a plea of not guilty, the accused is entitled to 2 days to prepare for trial unless the court. For good cause grants him further time. 4. Before arraignment, the court shall inform him of his right to counsel and shall ask him if he desires to have one. Arraignment - is made in an open court by the judge or clerk, and consist in furnishing the accused of the copy of the complaint.
Basis:
• Public policy - because if the party is thus required to testify, He would be placed under the strongest temptation to commit perjury.
• Humanity - prevents extortion of confession by duress. • Right to silence - his failure or refusal to testify may not be used as a presumption of guilt or taken as evidence against him. Section 18: Freedom from political belief
Right to be informed of the cause and nature of the accusations against him: 1. Specific allegations of crimes charged - implies that the offense w/c a person is accused of be made known to him. 2. Remedy of accused whose rights is violated - this requirement of notice is indispensable in as much as in criminal cases not only the liberty but even the life of the accused maybe at stake.
Right against detention solely by reason of political beliefs and aspirations. 1. Incarceration w/o charges of political prisoners - thousand of people were arrested and jailed during Martial law. 2. Suspension of privilege of writ of habeas corpus even after lifting of Martial law 3. Prohibition a guarantee against having a prisoners of conscience
Right to have a speedy, impartial and public trial 1. Speedy trial - one that can be has as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it. 2. Impartial trial - absence of actual bias in the trial of cases 3. Public trial - it is not of necessity one to w/c the whole public is admitted, but it is one open to all.
Involuntary servitude - denotes a condition of enforced, compulsory service of one to another. It includes: • Slavery - the state of entire subjection of one person to the will of another. • Peonage - voluntary submission of a person to the will of another because of his debt.
Right to confrontation of witnesses The accused person has the right to confront witness face to face. Reasons are: 1. Cross-examination of witness by the accused 2. Assessment by the court of witness’ credibility
Basis and purpose of the prohibition: 1. The prohibition is grounded on the value accorded to human dignity in a democratic and free society. 2. The purpose is to maintain a system of completely free and voluntary labor.
Trials in the absence of the accused 1. Conditions on Trial In the absence of the Accused: • He has been arraigned • He has been duly notified of the trial • Failure to appear is unjustifiable 2. Reason for rule - an accused cannot, by simply escaping, thwart his prosecution and possibly eventual conviction provided only that the three conditions above are present.
Exceptions to the Prohibition: 1. When the involuntary servitude is imposed as a punishment for a crime 2. When personal military or civil service is required of citizens to defend the State 3. The injunctions requiring the striking laborers to return to work pending settlement of an industrial dispute 4. To exceptional services such as military and naval enlistment 5. To exercise by parents their authority to require their children to perform reasonable amount of work 6. When there is a proper exercise of the police power of the State.
Section 15: The privilege of the writ of habeas corpus shall not be suspended except when the public safety requires it. Writ of habeas corpus - Order issued by the court directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place. May be suspended by the president incase only if invasion or rebellion when public safety requires it. Purpose of the writ: To inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a person therefrom if such restraint is found illegal. Writ - is the order from the court requiring a person detaining another to show cause for detention Writ of Amparo - This special writ prohibits respondents from using the defense of simple denial. Can be invoked by the families of victims of extrajudicial killings, and enforced disappearances when the right to life, liberty or security of a person is violated or threatened. Section 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Right against excessive fines - The question as to the amount of the fines that shall be imposed is the sound discretion of the court, if it keeps within the limit of the Statute, it cannot be held unreasonable. Right against cruel, degrading, or inhuman punishment - This right can only be invoked after conviction for a crime. Section 20: No person shall be imprisoned for debt or non-payment of a poll tax. Debt - any liability to pay money arising out of a contract, express or implied. Refers to Civil or contractual debt or one not arising from a criminal offense. Estafa - is a criminal offense where you a person van be imprisoned for non payment of debt Poll Tax - tax of a fixed amount imposed on individuals rescinding within a specified territory, whether citizens or not.
Section 17: No person shall be compelled to be a witness against himself. Section 21: No person shall be twice put in jeopardy of punishment for the same offense. Right against Self incrimination - no person shall be compelled to be a witness against himself which may expose him to criminal liability
Right against double jeopardy - When a person is charged with an offense, and the case is terminated either by acquittal or conviction, the latter cannot again be charged of the same or identical offense.
Classes of Double Jeopardy 1. For the same offense - the protection is against double jeopardy for the same offense and not the same act, provided that he is charged with a different offense. 2. For the same act - double jeopardy of punishment for the same act. Section 22: No ex post facto law or bill of attainder shall be enacted. Ex post Facto Law - An ex post facto law is one which operating retrospectively: 1. Makes an act done before the passage of a law; 2. Aggravates crimes or makes it greater than when it was committed; 3. Changes the punishment and inflicts a greater punishment than what the law annexed to the crime, when committed; or 4. Alters the legal rules of evidence, and receives less testimony from what the law required at the time of the commission of the offense, in order to convict the offender. Characteristic of Ex post facto Law • They relate to penal and criminal matters only • Retroactive in their operation • They deprive the person accused of crime of some protection or defense previously available to their advantage. Bill of Attainder - legislative act which inflicts punishment without a judicial trial, if the punishment is less that death, the act is called bill of pains and penalties. ARTICLE IV: CITIZENSHIP Section 1: The following are citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law Citizen - a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political rights. Citizenship - a term denoting membership of a citizen in a political society. Subject and Alien Subject - citizen of a member of a democratic community who enjoys full civil and political rights. In a monarchal state, he is called a “subject”. Alien - is a citizen of a country who is residing on or passing through another country. He is popularly called as a “foreigner”. General ways of acquiring citizenship: • Involuntary Method - by birth, because of blood relationship by place of birth. • Voluntary Method - by naturalization, except in case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one State to another as a result of conquest or treaty. Citizens by birth • Jus Sanguinis - Blood relationship is the basis for the acquisition of this rule. The children follow the citizenship of the parent. The Philippines uses this rule. • Jus soli/ jus loci - place of birth serves as the basis for acquiring citizenship under this rule. The U.S. uses this rule. The person become the citizen where he is born irrespective of the citizenship of the parents.
Naturalization - act of formally adapting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. Ways of acquiring citizenship by Naturalization 1. By judgment of the court - the foreigner who wants to become a Filipino must apply for Naturalization with the proper Regional Trial Court. 2. By direct act of Congress - our law making body simply enacts an act directly conferring citizenship on a foreigner. 3. By administrative proceedings - under R.A.No.9139 (Jan.8, 2001)known as the “Administrative naturalization Law of 2000”, aliens born and residing in the Philippines may be granted citizenship by administrative proceedings by a special committee on Naturalization. Section 2: Philippine citizenship Kinds of Citizen under the Constitution 1. Natural born citizen: - who at the moment of their birth are already citizens of the Philippines - do not have to perform any act to acquire his Filipino Citizenship 2. Citizen at the time of adoption of the new Constitution - refer to those who are considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new constitution. 3. Citizen through election - refers to those born on Filipino mothers before Jan. 17, 1973, who upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973 Constitution. 4. Naturalized citizens - refers to those who were originally citizens of another country but who, by an intervening act( naturalization), have acquired new citizenship in a different country. Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law. Loss of citizenship 1. Voluntarily - it is called expatriation • By naturalization in a foreign country • By express renunciation of citizenship • By subscribing to an oath of allegiance to a foreign country • By rendering service to or accepting commission in the armed forces of a foreign country 2. Involuntarily • By cancellation of his certificate of naturalization by court • Having been declared by competent authority , a deserter of the Philippine Armed forces in the time of war Reacquisition of lost Philippine Citizenship 1. By naturalization, provided the applicant possesses none of the disqualification provided in the naturalization law 2. By repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after termination of their marital status 3. By direct act of the Congress of the Philippines. Repatriation - is effected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry. Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they to have renounced it.
Effects of marriage of citizen to an alien • A Filipino citizen who marries an alien does not lose his citizenship even if by the laws of his/her wife’s/ husband’s country, he/she acquires her/his nationality. • The exception is if they renounce their citizenship. Section 5: Dual allegiance of citizens shall be dealt with by law. Dual allegiance - refers to the continued allegiance of naturalized nationals to their mother country even after they have acquired Filipino Citizenship. Dual Citizenship - refers to the possession of two citizenships by an individual, that of his original citizenship and that of the country where he became a naturalized citizen. Duties and obligations of citizens
• To be loyal to the Republic - loyalty means faith and confidence in the Republic and love and devotion to the country. - pride in one’s country - absolute and permanent allegiance to his government
• To love and defend the country - love of country shown not by words but by deeds - readiness to sacrifice his life in defense on his country • To contribute to the development and welfare of the State - many ways of contributing to the country - working together for the common good - citizens do not live for themselves and for their families alone. They are a part of the society to w/c they owe a definite responsibilities
2. A political right - in the sense of a right conferred by the Constitution. Suffrage is classified as a political right. Scope of Suffrage: 1. Election - means by which the people chose their officials. 2. Plebiscite - name given to vote of the people expressing their choice for or against a proposed law 3. Referendum - submission of a law or part thereof passed by the national or local legislative body 4. Initiative - process whereby the people directly propose and enact law. 5. Recall - method by which a public officer may be removed from office during his tenure or before the expiration of his term. Qualification of voters: 1. Must be a citizen (male or female) of the Philippines 2. Not otherwise disqualified by law 3. At least 18 years of age 4. Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote at least six months preceding the election. Persons disqualified to vote 1. Any person who has been sentenced by final judgment to suffer imprisonment by not less than 1 yr. 2. Any person who has been adjudged by final judgment by competent court of having committed any crime involving disloyalty, rebellion, sedition, etc. 3. Insane or incompetent person declared by a competent authority. Section 2: The Congress secure the secrecy and sanctity of the ballot. Congress - designs a procedure for the disabled and the illiterate to vote w/o assistance.
• To uphold the constitution and obey the law ARTICLE VI: THE LEGISLATIVE DEPARTMENT
• To cooperate with duly constituted authorities - community living imposes obligations and responsibilities upon the individual. - Active concern with affairs of the government - Need for civic courage and pride or sense of civic values
• To exercise rights responsibly and with due regards for the rights of others - Exercise of rights to prejudice others not permissible - Right to liberty not absolute • To engage in gainful work – employment is not the obligation solely of the State. - Duty to be a useful and productive member of the society - Duty to work hard • To register and to vote - duty to vote responsibly - duty to guard and protect the integrity of his vote ARTICLE V: SUFFRAGE Section 1: Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age Suffrage - Is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. Nature of Suffrage: 1. A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld by the law making power subject to constitutional limitations.
Section 1: The legislative power shall be vested in the Congress of the Philippines Legislative power - authority under the constitution to make laws and subsequently, when the need arises, to alter and repeal them. Law - refers to statutes which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies. Scope of legislative power of Congress 1. Plenary or General - a grant of legislative power means the grant of all legislative power for all purposes of civil government. 2. Legislative powers not expressly delegated deemed granted - the delegated power of our Congress are broader than the legislative power of American Congress Two Classification of Power of Congress Primary function of Congress is to legislate 1. General Legislative Power - power to enact laws intended as rules of conduct to govern the relationship among individuals and the State. 2. Specific Power - powers which the Constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become President in case two or more have the highest or equal number of votes to confirm certain appointment by the President. 3. Implied Power - they are those essential or necessary to the effective exercise of the powers expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to punish for contempt and to determine the rules of its proceedings. 4. Inherent Power - powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty.
Principle of Separation of Powers 1. Presidential System - power of the government are divided into 3 classes: Executive, legislative and Judicial. 2. Parliamentary System - there is a fusion rather that a separation of the two classes: Policy making and Policy Executing. Prime minister is the head of government. 3. French presidential - parliamentary system-variant of two types of government Principle of check and balance - Constitutional provisions authorize a considerable amount of encroachment or checking by one department in the affairs of the other. Section 2. The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Section 3. No person shall be a Senator unless: - He is a natural-born citizen of the Philippines - Is at least thirty-five years of age on the day of the election - Able to read and write, - A registered voter - A resident of the Philippines for not less than two years immediately preceding the day of the election Section 4: The term of office of the Senators: - Shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. - No Senator shall serve for more than two consecutive terms. - Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Registered Voter - is one who has all the qualification for a voter and none of the disqualifications provided by law and who has registered himself in the list voters. Residence - is the place where one has his true permanent home and to which, whenever absent he has the intention of returning.
- able to read and write, and, except the party-list representatives, - a registered voter in the district in which he shall be elected, and a - resident thereof for a period of not less than one year immediately preceding the day of the election. Section 7: The Members of the House of Representatives shall be elected; 1. For a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. 2. No Member of the House of Representatives shall serve for more than three consecutive terms. 3. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 8: Regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May. Section 9: In case of vacancy in the Senate or in the House of Representatives:
- A special election may be called to fill such vacancy in the manner prescribed by law, - But the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. Kinds of Election for Members of Congress 1. Regular Election - held on the 2nd Monday of May. 2. Special Election - may be called incase a vacancy arises in the senate or House of Representative to fill such vacancy in the manner prescribed by law. Section 10: The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. Section 11: A Senator or Member of the House of Representatives shall:
- in all offenses punishable by not more than six years imprisonment - be privileged from arrest while the Congress is in session - freedom from being questioned from any speech or debate in the Congress or in any committee thereof
Section 5. Composition of The House of Representatives: • not more than 250 members, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, • shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. - The party-list representatives shall constitute 20% of the total number of representatives including those under the party list. • For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. • Each legislative district shall comprise, as far as practicable, continuous, compact, and adjacent territory. • Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. • Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. Section 6: Qualification of member of House of representative: - He is a natural-born citizen of the Philippines - is at least 25 years of age, on the day of the election,
Section 12: All Members of the Senate and the House of Representatives shall upon assumption of office: 1. Make a full disclosure of their financial and business interests. 2. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. Section 13: No Senator or Member of the House of Representatives may:
- hold any other office or employment in the Government - or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat
- Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected Section 14: No Senator or Member of the House of Representatives may:
- personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.
- Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office.
- He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.
3. Interpellations shall not be limited to written questions, but may cover matters related thereto. 4. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.
Section 15: The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law.
Section 23: The Congress, shall have the sole power to declare the existence of a state of war.
2 kinds of Session: 1. Regular Session - convene once every year on the fourth Monday of July 2. Special Session - The President may call a special session at any time.
In times of war or other national emergency, the Congress may: authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy.
Section 16: The Senate shall elect its President and the House of Representatives its Speaker.
- Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
Quorum- a number of the membership of an assembly, or collective body as is competent to transact its business. Ordinarily, a quorum consist of ½ plus 1 of the members of the body. Rules of Procedure - rules made by any legislative body to regulate the mode and manner of conducting its business. Legislative Journal - defined as the official record of what is done and passed in a legislative assembly. Section 17: The Senate and the House of Representatives shall each have an Electoral Tribunal. Compositions of Electoral Tribunal: • shall be composed of nine members, 3 of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and 6 shall be Members of the Senate or the House of Representatives, as the case maybe, • who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. - The senior Justice in the Electoral Tribunal shall be its Chairman. Section 18: Compositions of Commission on Appointments: 1. President of the Senate 2. Twelve Senators 3. Twelve Members of the House of Representatives Section 19: The Electoral Tribunals and the Commission on Appointments shall be: 1. Constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. 2. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it. Section 20: The records and books of accounts of the Congress shall be: 1. preserved and be open to the public in accordance with law 2. and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. Section 21: The Senate or the House of Representatives or any of its respective committees may conduct: 1. Inquiries in aid of legislation in accordance with its duly published rules of procedure. 2. The rights of persons appearing in or affected by such inquiries shall be respected. Section 22: The heads of departments with the consent of the President, shall provide; 1. appear before and be heard by such House on any matter pertaining to their departments. 2. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance.
Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives. Appropriations bill - the primary and specific aim of which is to make appropriations of money from the public treasury. Kinds of Appropriations: 1. Annual or General Appropriations - they set aside annual expenses for the general operations of the government. 2. Special or Supplemental Appropriations - include all appropriations not contained in the budget. 3. Specific Appropriations - sets aside a named sum of money for the payment of a particular expense 4. Continuing Appropriations - one w/c provides a definite sum to be always available year to year. Meaning of other bills: 1. Revenue bill - primary purpose is to raise revenue 2. Tariff bill - reference to one imposing custom 3. Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations. 4. Bill of local application - affecting purely local or municipal concerns like one creating a city or municipality or changing its name. 5. Private bill - affecting purely private interest such as one granting a franchise to a person or corporation or compensation to a person for damages suffered by him by which the government considers itself liable. Section 25: Budget 1. The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. 2. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein 3. The procedure in approving appropriations for the Congress shall follow the procedure for approving appropriations for other departments and agency shall be 4. A special appropriations bill shall specify the purpose for which it is intended, and supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein. 5. No law shall be passed authorizing any transfer of appropriations; 6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes 7. If Congress failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. Budget - financial program of the national government for a designated calendar year.
Section 26: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. Requirements as to Subject and Title of the Bill 1. One title, one subject - a proposed law is called a bill. 2. Purpose of Constitutional requirement: - To prevent hodge-podge or log rolling legislation - To prevent surprise or fraud upon legislature - To fairly appraise the people. Steps in the passage of a bill 1. First reading - any member of either House may present a proposed bill, signed by him for 1st reading and reference to the proper committee. 2. Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee for study and consideration. 3. Second reading - if the bill id favored by the committee, it is forwarded to the Committee on Rules. 4. Debates - general debate is now opened . Amendment may be proposed by any member of Congress. 5. Printing and distribution - the bill is then ordered in its final form 6. Third reading - only the title of the bill is read on the floor. Nominal voting is held 7. Referral to the other house - if approved, the bill is passed to the other house where it will take the same procedure. 8. Submission to joint bicameral committee - differences if any, between the House’s bill and the Senates amended version and vice versa are submitted to a conference committee of members of both Houses. 9. Submission to the President - a bill approved on the 3rd reading shall be printed and submitted to the president for his approval or disapproval. Either signed or sent back with a veto message from the president. Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the President. Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Statute - written will of the legislature as an organized body expressed according to the form necessary to constitute it into a law of the State, the term “act” is often used in referring to a statute.
2. Concurrent - if passed independently in one House and rarified by the other in the same manner as a bill. 3. Joint - if approved by both House meeting in joint session but voting separately Section 28. The rule of taxation shall be uniform and equitable. Uniformity in Taxation Means that “all taxable articles or properties of the same class shall be taxed at the same rate. Implies equality in burden, not in amount. Exemption of certain entities and properties from tax
- Test of exemption- covers only property taxes and not other taxes. - Note that only those w/c are non profit are exempted from tax. Section 29: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. - No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, - All money collected on any tax levied for a special purpose shall be treated as a special fund. - Appropriation - an authorization by law that money maybe paid out of the public treasury. Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. Section 31: No law granting a title of royalty or nobility shall be enacted. Section 32: The Congress shall, as early as possible, provide for a system of initiative and referendum. Initiative - reserved power of the people to directly propose and enact laws at polls called for the purpose independently of Congress or of a local legislative body. Referendum - the process by which any act or law or part thereof passed by the Congress or by a local legislative body is submitted to the people for their approval or disapproval. ARTICLE VII: EXECUTIVE DEPARTMENT
Formal parts of a law: 1. Title - Announces the subject matter of the act. 2. Preamble - follows the title and precedes the enacting clause. 3. Enacting clause - it serves as a formal mean of identifying the legislative body that enacts the law. 4. Body - portion containing the proposed law or statute itself 5. Effectivity clause - portion providing for the time when the law shall take effect. A law takes effect in 15 days following the completion of its publication in the official gazzette. Veto - a latin term for “I forbid” or “deny”. It is the power vested in the President to disapprove acts passed by the Congress Purpose of a Veto - To enable the executive department to protect its integrity as an equal branch of the government - To provide a check on hasty, corruptor ill-considered legislation.
Section 1: The executive power shall be vested in the President of the Philippines. Following the 1935 Charter, sec.1 vests the executive power to one person alone- the President of the Philippines. Executive power - the power to administer the laws, which means carrying them into practical operation and enforcing their due observance. Section 2: No person may be elected President unless he is a natural-born citizen of the Philippines Section 3: There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President.
- He may be removed from office in the same manner as the President. - The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.
Resolutions - defined as a formal expression of opinion, will, or intent by an official body or assembled group. Kinds of resolution: 1. Simple - if passed by either House for its exclusive use or purpose
Qualifications of President and Vice President
- Natural born citizen of the Philippines - A registered voter - Able to read and write
- At least 40 years of age on the day of the election for president and - Resident of the Philippine for at least ten (10) years immediately preceding such election
2. After assumption of office, in case of death, permanent disability, removal from office or resignation of the President, in w/c case the Vice-President will serve the unexpired term.
Section 4: The President and the Vice-President shall be: 1. Elected by direct vote of the people. 2. For a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date six years thereafter. 3. The President shall not be eligible for any reelection. 4. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. 5. No Vice-President shall serve for more than two successive terms.
Where there are no President and Vice-President 1. Before assumption - the Senate President, or incase in his inability, the Speaker of the house of Representative, shall act as President until a President and a Vice-President shall have been chosen. 2. After assumption - the Senate President, or incase in his inability, the Speaker of the house of Representative, shall act as President incase of death, permanent isability, removal from office, or resignation of both the President and a Vice-President shall have been elected and qualified. 3. Where Senate President and Speaker are also unable to act as President - congress is mandated to provide by law for this case as to who shall act as president including the manner of election until the President or Vice President shall have been elected or qualified
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfil my duties as President (or Vice-President or Acting President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.)
Section 9: Whenever there is a vacancy in the Office of the Vice-President, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representative.
• Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected.
Section 10: The Congress shall, convene in accordance with its rules without need of a call and within seven days enact a law calling for a special election.
• Unless otherwise provided by law, the regular election for President and Vice-President shall be held on the second Monday of May. Section 5: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the following oath or affirmation:
Special election - in case of a permanent vacancy in the Offices of both President and Vicepresident. Section 11: Whenever the President was unable to perform his duty, such powers and duties shall be discharged by the Vice-President as Acting President.
Section 6: The President shall have an official residence, determined by law. 1. The salaries of the President as provided by law, has an annual salary of Php300,000.00 pesos and Vice-President at Php240,000s and shall be determined by law and shall not be decreased during their tenure. 2. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. 3. They shall not receive during their tenure any other emolument from the Government or any other source.
Rules in case of temporary disability of the President 1. Declaration by the president - may transmit his written declaration of being unable to discharge the powers and duties of his Office. 2. Declaration by members of the Cabinet - the Vice-President shall immediately assume the Office of the President temporarily. 3. Decision by Congress incase of a dispute - voting separately may decide on the existence or termination of the presidential incapacity
Section 8: In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term.
Section 12: In case of serious illness of the President, the public shall be informed of the state of his health.
When Vice president shall act as president 1. If the president-elect fails to qualify 2. If a president shall not have been chosen 3. In case of temporary inability or incapacity of the President to discharge his powers and duty.
Section 13: The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, hold any other office or employment during their tenure. Avoid conflict of interest in the conduct of their office.
Section 7: The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.
- If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have qualified. - If a President shall not have been chosen, the Vice-President-elect shall act as President until a President shall have been chosen and qualified. - If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently disabled, the Vice-President-elect shall become President. When Vice president shall act as President 1. If, at the beginning of the term, President-elect shall have died, or shall have become permanently disabled.
Rule on Nepotism President is prohibited during his tenure to appoint his spouse and relative by consanguinity or affinity w/in the 4th civil degree to any positions mentioned. Section 14: Appointments extended by an Acting President shall remain effective, unless revoked by the elected President w/in 90 days. Section 15: a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service Section 16: The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments.
Appointment - act of designation by the executive officer, board or body to whom the power has been delegated of the individual who is to exercise the functions of a given office. Kinds of Presidential Appointment 1. Regular appointment - made during the session of the congress 2. Ad interim appointments - those made during a recess of congress Kinds of Appointment in the career services: 1. Permanent - issued to a person who meets all the requirement for the position to which he is appointed. 2. Temporary or acting - issued to a person who meets all the requirement for the position to which he is being appointed except the appropriate civil service eligibility ; it shall not exceed 12 months. Steps in appointing process 1. Appointment – act of the appointing power 2. Acceptance - act of the appointee. But acceptance is necessary to enable him to have full possession, enjoyment and responsibility of an office. Kinds of Acceptance 1. Express - when done verbally or in writing 2. Implied - when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office. Designation - is simply the mere imposition of new or additional duties upon an officer already in the government service. It is different from appointment. Removal - is the ouster of the incumbent before the expiration of his term of office. - Not expressly granted - Impliedly Granted - Removal power of other officers Section 17: The President shall have control of all the executive departments, bureaus and offices. Section 18: The President shall be the Commander-in-Chief of all armed forces of the Philippines. Military Power of the President 1. Powers to meet emergency situation - call out such armed forces to prevent or suppress lawless violence, invasion or rebellion - To suspend the privilege of writ of habeas corpus - To declare Martial Law 2. Commander in Chief of the Armed forces - the constitution makes the president, a civilian, the Commander-in-Chief of all Armed Forces of the Philippines Power to suspend privilege of writ of habeas corpus 1. There must be invasion or rebellion. 2. The public safety must require the suspension Martial Law All laws that are reference to and are administered by the Military Forces of the State: - The military law proper - Rules governing the conduct of military forces in times of war. Basis, object and duration of Martial Law
- Basis - the right to declare, apply and exercise martial law is one of the rights of Sovereignty. - Object - object of martial Law is the preservation of public safety and good order.
- Duration - founded on necessity, the exercise of the power may not extend beyond what is required by the exigency which it call forth. Section 19: Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. Reprieve - Is the postponement of the execution of a death sentence to a certain date. Suspension of sentence - postponement of a sentence for an indefinite time. Commutation - the reduction of the sentence imposed to a lesser punishment as from death to life imprisonment. It may be granted without the acceptance and even against the will of the convict. Pardon - an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed. - “Parole” - It is an act of forgiveness - It is granted by the President alone after conviction - Private act of the president which must be pleaded and proved by the person who claims to have been pardoned because the courts take no judicial notice. - Granted for infraction of the peace of the State. Kinds of Pardon 1. Absolute - it is not subject to any condition whatsoever, it becomes effective when made. 2. Conditional - when it is given subject to any condition or qualification the President may see fit. Pardoning Power - Extends to all offenses including criminal contempt. It does not give the President power to exempt, except from punishment anyone from the law. Limitations of Pardoning Power 1. It may not exercised for offense in impeachment 2. May be exercise only after conviction by final judgment 3. May not be exercised over civil contempt 4. In case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may be granted w/o the recommendation of the Commission on Elections. Effects of Pardon 1. Removes penalties and disabilities and restores him to his full civil a political rights 2. Does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to pardon a private wrong 3. Does not restore offices, property or rights vested I others in consequence of the conviction. Remissions - prevents the collection of fines or the confiscation of forfeited property. Amnesty - act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character such as treason, sedition or rebellion. - Granted with the concurrence of Congress before or after conviction. - Act of forgetfulness - Granted for infractions for crimes against the sovereignty of the State. - By the proclamation of the president with concurrence of Congress is a public act of which the courts will take judicial notice. Section 20: 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 subject to such limitations as may be provided by law.
Section 21: No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. Treaty - compact made between two or more states, including international organizations of states, intended to create binding rights and obligations upon the parties thereto. May be bilateral or multilateral. Also known as a pact, convention or charter. Steps in treaty making 1. Negotiation - in this field, the President alone has the sole authority 2. Approval or ratification - as a gen. rule, no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the senate members.
1. General - empowered to decide all disputes which may come before it except those assigned to other courts (ex. Jurisdiction of the regional trial court) 2. Limited - has the authority to hear and determine only a few specified cases(ex. Jurisdiction of special courts) 3. Original - can try and decide a case presented for the first time. It may be exclusive or concurrent. 4. Appellate - can take a case already heard and decided by a lower court removed from the latter by appeal. 5. Exclusive - can try and decide a case which cannot be presented before any other court 6. Concurrent - when any two or more courts may take cognizance of a case. 7. Criminal - that which exists for the punishment of crime 8. Civil - that which exists when the subject matter is not a criminal nature (ex. Collection of debt)
Section 22: The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing
Section 3: The Judiciary shall enjoy fiscal autonomy.
Section 23: The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.
- Chief Justice - Fourteen Associate Justices
ARTICLE VIII: JUDICIAL DEPARTMENT
Sitting Procedure 1. En banc or in division - the Supreme court may hear and sit cases En banc(i.e. as one body) or in division of 3, 5, or 7 members. 2. Number of division - on the basis of 15 members, the number of division will be five, composed of 3 members each, 3 composed of 5 members each or 2, meetings separately. 3. Decisions of divisions - by sitting in division, the Supreme Court increases its capacity to dispose of cases pending before it.
Section 4: The Supreme Court shall be composed of:
Section 1: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power - the power and duty of courts of justice to apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private persons or individuals or between private persons or individual litigants, in case properly brought before the judicial tribunals. Scope of Judicial Power: 1. Adjudicatory power - judicial power includes the duty of courts of justice. 2. Power of judicial review - also includes the power to: a. pass upon a validity of the constitution b. to interpret them c. render binding judgments 3. Incidental powers - includes the incidental powers necessary to the effective discharge of the judicial functions such as the power to punish persons adjudged in contempt.
Executive agreement - agreement entered into by the President on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines even without the concurrence of Congress. Classified into two groups: 1. Those made purely as executive acts. 2. Those entered into in pursuance of acts of Congress
• Power of judicial review - the power of the court, ultimately of the Supreme Court to interpret the constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental laws.
Organization of Courts:
• Justiciable question - affects personal or property rights accorded to every member of the 1. Regular Court • Court of Appeals - With 69 justices headed by a presiding Justice w/c operate in 28 divisions each comprising 3 members • Regional Trial Court - Presided by 720 regional trial Judges in each of the 13 regions of the country • Metropolitan Trial Court - A Municipal Trial Court in every city not forming part of a metropolitan area 2. Special Court • Sandiganbayan - 14 Justices and a presiding Judge • Court of Tax Appeals - With 5 Justices and a presiding Justice , was created under R.A. 1125 as amended by R.A. 9282 Section 2: The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts. Jurisdiction - the power and authority of the court to hear, try and decide a case. It may be:
community in cases properly brought before the judicial tribunals.
• Political question - is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. Section 5: The Supreme Court shall have the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warrant to, and habeas corpus. 2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in: - All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. - All cases in which the jurisdiction of any lower court is in issue.
- All criminal cases in which the penalty imposed is reclusion Perpetua or higher. - All cases in which only an error or question of law is involved. - All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5.
Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Terms: • Certiorari - writ issued from a superior court requiring a lower court or a board or officer exercising judicial functions to transmit the records of the case to the superior court for the purpose of a review. • Mandamus - order issued by a superior court commanding a lower court or a corporation, board or person to perform a certain act which it is its or his duty to do. • Quo warranto - action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it. • Pleading - act of presenting one’s claim, answer, or arguments in defense or prosecution of an action. Admission of the practice of law or to the Bar - a person is said to be admitted to the Bar or is a member of the Bar when he is authorized by the Supreme Court to practice law in the Philippines. Integrated bar - it means the official national unification of the entire lawyer population of the Philippines in a single organization.
- Must be a person of proven competence, integrity, probity and independence. Lower Collegiate - qualifications shall be prescribed by the Congress as provided in section 7(2). But they must be natural born citizen. Section 8. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of: 1. The Chief Justice as ex officio Chairman - shall serve 4 yrs. 2. The Secretary of Justice - shall serve 4 yrs. 3. A representative of the Congress as ex officio Members 4. A representative of the Integrated Bar - shall serve 4 yrs. - A professor of law - shall serve for three years - A retired Member of the Supreme Court - shall serve for two years - A representative of the private sector - shall serve for one year Section 9: The Members of the Supreme Court and judges of lower courts shall be appointed by the President. Section 10: The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall be fixed by law. Section 11: Tenure of office of members of the Judiciary Security Tenure - they shall hold office of good behavior until they reach the age of 70, or becoming incapacitated Retirement age - retirement age was reduced from 70 to 65 yrs. old. Termination of right to hold office - the constitution provides for the impeachment of the members of the Supreme Court . Abolition of office - removal of office is to be distinguished from termination by virtue of the abolition of the office. Good behavior - a conduct authorized by law.
Legal assistance to the under privilege - poor and uninformed litigants are entitled to legal assistance from the government in defending or enforcing their rights to redress the imbalance before the parties in civil and criminal cases.
Section 12: The Members of the Supreme Court shall not be designated to any agency performing quasi-judicial or administrative functions.
Substantial law - part of the law which creates, defines, and regulates rights concerning life, liberty, or property or the powers of the agencies or instrumentalities for the administrations of public affairs.
Section 13: The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in consultation.
• Adjective or remedial law - part of law which prescribe the methods of enforcing rights or obtaining redress for their violation. Substantive rights - rights which substantive law declares or rights concerning life, liberty or property. Section 6: The Supreme Court shall have administrative supervision over all courts and the personnel thereof. Section 7: No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. Qualifications for members of the Supreme Court and any Lower Collegiate Court Supreme Court : - Must be natural born citizen - At least 40 yrs. of age - Must have, for 15 yrs. of more, been a judge of a lower court or engaged in the practice of law in the Philippines
Section 14: Decision of Court Decision - judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon a stipulation of facts upon which the disposition of the case is based. Form of decision of court 1. Statement of both factual and legal basis 2. Reason for requirement 3. Statement of legal basis only Section 15: Maximum period for rendition of decision: 1. Supreme Court - within 24 months 2. Court of appeals and other Collegiate Courts - 12 months 3. Lower Courts - within 3 months unless reduced by the Supreme Court Section 16. The Supreme Court shall:
- Within thirty days from the opening of each regular session of the Congress, submit to the President and the Congress an annual report on the operations and activities of the Judiciary.
ARTICLE IX: CONSTITUTIONAL COMMISSIONS A. Common Provisions Section 1: The Constitutional Commissions, which shall be independent are: 1. Civil Service Commission 2. Commission on Elections 3. Commission on Audit Section 2: No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Section 3: The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their tenure. Section 4: The Constitutional Commissions shall appoint their officials and employees in accordance with law. Section 5: The Commission shall enjoy fiscal autonomy. Section 6: Each Commission en banc may promulgate its own rules concerning pleadings and practice before any of its offices. Section 7: Each Commission shall decide by a majority vote of all its Members. • A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. • Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. Section 8: Each Commission shall perform such other functions as may be provided by law.
Civil service - professionalized body of men and women who have made of the government service a lifetime career. Portion of the public service that is “ governed by the merit principle in the selection of officers and employees.” Constitutional Classification of Positions in the Civil Service 1. Competitive - those whose appointments are made according to merits and fitness as determined by competitive examinations. 2. Non-competitive - those appointments do not have to take into account merit and fitness as determined by competitive examinations. For cause provided by law - means legal cause or cause provided by an existing law and not merely causes which the appointing power in the exercise of discretion may deem sufficient. Electioneering or partisan political campaign - refers to the act designed to have a candidate elected or not or to promote the candidacy of a person or persons to a public office Any political activity is “Partisan” if it is directed towards the advancement of a political party or candidate. An activity id non partisan if it is addressed to the attainment of the objective “of insuring free, orderly, honest, peaceful and credible elections.” Right of Government Employees to Self Organization 1. Unions or associations for purposes not contrary to law 2. Importance of right - through unions, government employee can promote their interest and the interest of public service. Right of Government Employee to Strike 1. Grant of right not advisable 2. Right not granted by law - Congress may by law, deny the right to strike to some sectors of labor like members of Armed forces of the Philippines. Temporary employees of the Government 1. No security of tenure 2. To be given protection as may be provided by law
B. The Civil Service Commission Section 1: Composition of Civil Service Commission - composed of a Chairman and two commissioners. Qualifications: - natural-born citizens of the Philippines - at least thirty-five years of age - with proven capacity for public administration - must not have been candidates for any elective position in the elections immediately preceding their appointment
• • • •
The Chairman and the Commissioners shall be appointed by the President The Chairman shall hold office for seven years A Commissioner for five years Another Commissioner for three years
Section 3: The Civil Service Commission, shall establish a career service and promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. Section 4: All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution. Section 5: Standardization of compensation. Salaries to be fixed by law - they shall no longer be subject to collective bargaining agreement. Section 6: No candidate will be appointed to any office in the Government who has lost in any election shall, within one year Section 7: No elective official shall be eligible for appointment or during his tenure. Section 8: No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law,
• Appointment to any vacancy shall be only for the unexpired term of the predecessor. C. The Commission on Elections Section 2: Civil Service The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government owned or controlled corporations with original charters.
Appointment and terms of Office: 1. The chairman and the commissioners are appointed by the President with the consent of the commission on appointments
2. Has a term of seven(7) years without reappointment. 3. Of the commissioners first appointed, 3 shall hold office for seven years, 2 for five years and the last member for three years. Without reappointment.
D. The Commission on Audit
- The Chairman and the Commissioners shall be appointed by the President, for a term of seven years without reappointment. Of those first appointed,
Section 2: The Commission on Elections Powers and functions: 1. To enforce laws relative to the conduct of elections 2. To decide election contests 3. To decide all questions affecting election 4. To deputize law enforcement agency 5. To register political parties, etc., and accredit its citizens arms. 6. File petition, investigate and prosecute 7. To recommend measures 8. To recommend removal or disciplinary measures 9. To submit reports 10. To perform other functions Section 3: The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre-proclamation controversies. Section 4: The Commission may, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, or concessions granted by the Government Section 5: The President cannot perfom suspension of sentence, pardon and the like for violation of election laws, rules, and regulations. Parole - a method by which a prisoner who has served a portion of his sentence is conditionally released but remains in legal custody, the condition being that in case of misbehavior, he shall be imprisoned. A parole does not pardon the prisoner. Suspension of sentence - the postponement of the execution of a sentence for an indefinite time. It is different from reprieve, in that, the latter postpones the execution of a sentence with a definite date and time. Section 6: A free and open party system Political party - a voluntary organization of citizens advocating certain principles and policies for the general conduct of the government. Section 8: Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in accordance with law. Section 9: Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter. Section 10: Bona fide candidates for any public office shall be free from any form of harassment and discrimination. Section 11: Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall be released automatically upon certification by the Chairman of the Commission.
- the Chairman shall hold office for seven years, - one Commissioner for five years, - and the other Commissioner for three years, without reappointment • Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Qualification of members
- Must be natural born citizen - 35 yrs. old - Certified public accountants with not less than 10 yrs of auditing experience or members of the Bar who have been engage in practice of law for 10 yrs.
- Must not have been a candidate for any elective positions in the preceding election Section 2: Powers and functions of the Commission: 1. To examine, audit and settle an account 2. To act as central accounting office of the government 3. To define the scope of its audit and examination, etc. 4. To promulgate accounting and auditing rules and regulations 5. To submit an annual financial report and recommend measures 6. Perform other duties and functions Section 3. No law shall be passed exempting any entity of the Government from the jurisdiction of the Commission on Audit. Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering the financial condition and operation of the Government.
