Nachura Notes – Constitutional Law Kiddy I. GENERAL PRINCIPLES A. Political Law – branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. B. Scope/Division 1. Constitutional Law – study of the maintenance of the proper balance between authority as represented by the 3 inherent powers of the State and liberty as guaranteed by the Bill of Rights 2. Administrative Law – Fixes the organization of the government; Determines the competence of the administrative ? ? authorities who execute the law; and Indicates to the individuals remedies for the violation of ? ? his right. 3. Law on Municipal Corporations 4. Law of Public Officers 5. Election Law C. Basis of the Study 1. 1935 and 1973 Constitution 2. 1986 Constitution 3. Other organic laws made to apply in the Philippines 4. Statutes, EOs and decrees, judicial decisions 5. US Constitution II. THE PHILIPPINE CONSTITUTION A. Nature of the Constitution 1. Definition b. The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. c. That written instrument enacted by the direct action of the people, by which the fundamental powers of the government are established, ? ? limited and defined; ? and by which those powers are distributed among several departments for ? their safe and useful exercise ? for the benefit of the body politic. 2. Purpose a. Prescribe permanent framework of a system of government; b. Assign to several departments their respective powers and duties c. Establish certain first principles on which the government is founded 3. Classification a. Written – precepts are embodied in one document/ set of documents ? Unwritten – rules which have not been integrated into a single, concrete ? form but are scattered in various sources (statutes, judicial decisions, ? commentaries, customs and traditions, common law principles).
b. Enacted (Conventional) – formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler. Evolved (Cumulative) – result of political evolution, changing by ? ? accretion rather than by any systematic method. c. Rigid – amended only by formal and usually difficult process Flexible – changed by ordinary legislation ? 4. of a good written Constitution a. Qualities Broad – comprehensive enough to provide for every contingency b. Brief – confine to basic principles to be implemented c. Definite – to prevent ambiguity 5. Essential parts of a good w ritten Constitution a. Constitution of Liberty – sets forth the civil and political rights of the citizens and imposing limitations on the powers of the government b. Constitution of Government – outlines the organization of the government; enumerates its powers; and lay down rules relative to its administration c. Constitution of Sovereignty – points out the mode or procedure in accordance with formal changes in the fundamental law may be brought about 6. Interpretation/Construction of the Constitution a. Verba legis: given their ordinary meaning except where technical terms are employed b. Ratio legis et anima: ambiguity à intent of the framers, bearing in mind the objects sought to be accomplished and evils sought to be prevented; doubtful provision shall be examined in light of the history of the times and the conditions and circumstances under which the Constitution was framed c. Ut magis valeat quam pereat: Constitution to be interpreted as a whole - Safer to construe the Constitution from what “appears upon its face.” If, however, the plain meaning of the word is not found to be clear, resort to other aids is available. - In case of doubt, consider provisions as self-executing; mandatory rather than directory; and prospective rather than retroactive. - Self-executing provisions: one that lays down principle is usually not selfexecuting. That which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected, is selfexecuting. - Self-executing if the nature and extent of the right conferred and liability imposed are fixed by the Constitution itself. - Section 26, Article II of the Constitution does NOT contain judicially enforceable constitutional rights. B. Brief Constitutional History 1. Malolos Constitution 2. American Regime and Other Organic Acts 3. 1935 Constitution 4. Japanese Occupation 5. 1973 Constitution 6. 1987 Constitution
C. Amendment 1. Amendment – isolated or piecemeal change in the Constitution Revision – revamp or rewriting of the entire instrument ? 2. Legislative Power – merely provides details for implementation 3. Steps a. Proposal ¾ of ALL its members… understood as ¾ of Senate and ¾ of - Congress, HRs - Constitutional Convention, called into existence by 2/3 a vote of all the members of Congress with the question of whether or not to call a convention to be resolved by the people in a plebiscite - People through Power of Initiative, petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein à power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for that purpose • Limitation: No amendment w/in 5 years following the ratification of this Constitution nor more than once every five years thereafter. • 3 systems of initiative: (1) Initiative on the Constitution (2) Initiative on Statutes (3) Initiative on Local Legislation - Choice of method of proposal is within the full discretion of the legislature - 3 Theories on the position of a Constitutional Convention vis-à-vis the regular departments of government (1) Theory of Conventional Sovereignty (2) Convention is inferior to other departments (3) Independent of and co-equal to the other departments b. Ratification - Ratified by a majority of the votes cast in a plebiscite held not earlier than 60 nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the COMELEC of the sufficiency of the initiative. - Doctrine or proper submission: Constitution prescribes the time frame within which the plebiscite is to be held, there can no longer be any question on whether the time given to the people to determine the merits and demerits of the proposed amendment is adequate. - Plebiscite may be held on the same day as a regular election. - Entire Constitution must be submitted for ratification at one plebiscite only. - The people have to be given a “proper frame of reference” in arriving at their decision. 4. Judicial Review of Amendments – issue is whether or not the constitutional provisions had been followed. E. The Power of Judicial Review 1. Judicial Review – power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution. - Power is inherent in the Constitution. - Section 1, Article VII of the Constitution: Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction the part of any branch or instrumentality of Government. 2. Who mayon exercise - Power of the SC to decide constitutional questions. - Constitutional appellate jurisdiction of the SC and implicitly recognizes the authority of lower courts to decide questions involving the constitutionality of laws, treaties, agreements, etc. - Notice to SolGen is mandatory to enable him to decide whether or not his intervention in the action is necessary. 3. Functions of Judicial Review (1) Checking (2) Legitimizing (3) Symbolic 4. Requisites (1) Actual case or controversy (2) Constitutional question must be raised by the proper party - A party’s standing in court is a procedural technicality which may be set aside by the Court in view of the importance of the issues involved; paramount public interest/transcendental importance - “Present substantial interest” – such interest of a party in the subject matter of the action as will entitle him under substantive law, to recover of the evidence is sufficient, or that he has a legal title to defend and the defendant will be protected in payment to or recovery from him. - A taxpayer, or group of taxpayers, is a proper party to question the validity of a law appropriating public funds. - 2 Requisites for Taxpayer’s Suit: (1) Public funds are disbursed by a political subdivision or instrumentality (2) A law is violated or irregularity is committed (3) Petitioner is directly affected by the ultra vires act - The Government is a proper party to question the validity of its own laws, because more than any one, it should be concerned with the constitutionality of its acts • The established rule is that a party can question the validity of a statute only if, as applied to him, it is unconstitutional. • Exception: Facial Challenge, when it operates in the area of freedom of expression. • Overbreadth Doctrine: permits a party to challenge the validity of a statute even though, as applied to him, it is not unconstitutional, but it might be if applied to other not before the Court whose activities are constitutionally protected. • Invalidation of the statute “on its face”, rather than “as applied” is permitted
in the interest of preventing a “chilling effect” on freedom of expression. • Facial challenge is the most difficult challenge because the challenge must establish that no set of circumstances exists under which the act w ould be valid. - The constitutional question must be raised at the earliest possible opportunity -case The itself. decision on the constitutional question must be determinative of the - Bars judicial inquiry into a constitutional question unless the resolution is indispensable to the determination of the case. - Every law has in its favor the presumption of constitutionality, and to justify its nullification, there must be a clear and unequivocal breach of the Constitution. 5. Effects of Declaration of Unconstitutionality - Orthodox View: unconstitutional act is not a law, it confers no rights and imposes no duties; it affords no protection, creates no office; it is inoperative as if it had not been passed at all. - Modern View: certain legal effects of the statute prior to its declaration of unconstitutionality may be recognized. 6. Partial Unconstitutionality - Legislature must be willing to retain the valid portions à separability clause - Valid portion can stand independently as law III. THE PHILIPPINES AS A STATE State: a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control and possessing a government to which a great body of inhabitants render habitual obedience. State is a legal or juristic concept; nation is an ethnic or racial concept. Government is an instrumentality of the State through which the will of the State is implemented and realized. Elements: (1) People (2) Territory ? Components: 1) Terrestrial 2) Fluvial 3) Maritime 4) Aerial (3) Government (4) Sovereignty Archipelago Doctrine: the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines. Straight Baseline Method: Imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1; provided that the drawing of the baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago. Functions of the Government: (1) Constituent – mandatory for the Government to perform because they constitute the very bonds of society (2) Ministrant – intended to promote the welfare, progress and prosperity of the people and which are merely optional for Government to perform Doctrine of Parens Patriae: parents of the people; the Government may act as guardian of the rights of the people who may be disadvantaged or suffering from some disability or misfortune. Classification (1) De jure De facto – Kinds ? 2) Takes possession or control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter; 3) Established by the inhabitants of a territory who rise in insurrection against the parent state; and 4) Established by invading forces of an enemy who occupy a territory in the course of war (de facto government of paramount force). (2) Presidential – separation of executive and legislative powers Parliamentary – fusion of both executive and legislative in Parliament; actual ? exercise of executive powers is vested ? and a ?ccountable to the Parliament
in a Prime Minister who is chosen by,
(3) Unitary Federal ? Sovereignty: supreme and uncontrollable power inherent in a State by which that State is governed ? Kinds: 1) Legal – power to issue final commands Political – sum total of all the influences which lie behind the law 2) Internal – supreme power over everything within the territory External/Independence – freedom from external control ? Characteristics:
1) Permanence 2) Exclusiveness 3) Comprehensiveness
4) Absoluteness 5) Indivisibility 6) Inalienability 7) Imprescriptibility Effects ?
of Change in Sovereignty: Political laws are abrogated; municipal laws
?
remain in force Effects ?
of Belligerent Occupation: No change in sovereignty. • Political laws, except the law on treason, are suspended; • Municipal laws remain in force unless repealed by belligerent occupant; • At the end of belligerent occupation, political laws shall automatically become effective again (doctrine of jus postliminium) Dominium ?
– capacity to acquire or own property – authority possessed by the State embraced in the concept of sovereignty ? Imperium ?
?urisdiction J ? erritorial: power T
of the State over persons and things within its territory.
Exemption: ? (1) Foreign states, head of states, diplomatic representatives and consuls to a certain degree; (2) Foreign state property, including embassies, consulates and public vessels engaged in non-commercial activities; (3) Acts of state (4) Foreign merchant vessels exercising the rights of innocent passage or involuntary entry such as arrival under stress (5) Foreign armies passing through or stationed in its territory with its permission; and (6) Other persons or property, including organizations like the UN, over it may, by agreement, waive jurisdiction.
which
Personal: ?
power of the State over its nationals, which may be exercised by the State even of the individual is outside the territory of the State. ? ? Extraterritorial:
power exercised by the State beyond its territory, ? example: (1) Assertion of its personal jurisdiction over its nationals abroad or the exercise of its right to punish offenses committed outside its territory against its national interests even if the offenders are non-resident aliens; (2) By virtue of its relations with other states/territories (as when it establishes a colonial protectorate or a condominium or administers a trust territory or occupies enemy territory in the course of war); (3) Local state waives jurisdiction over persons and things within its territory; (4) Principle of extraterritoriality (5) Enjoyment of easements or servitudes (easement of innocent passage or arrival under stress)
(6) Exercise of jurisdiction by the state in the high seas over its vessels, over pirates, in the exercise of the right to visit and search, and under doctrine or hot pursuit; (7) Exercise of limited jurisdiction over the contiguous zone and the patrimonial sea, to prevent infringement of its customs, fiscal, immigration or sanitary regulations. State Immunity from Suit: The State cannot be sued without its consent. • Royal Prerogative of Dishonesty: There can be no legal right against the authority which makes the law on which the right depends. It may be sued if its gives consent. • Par in parem non habet imperium: Immunity is enjoyed by other States. The Head of the State, who is deemed the personification of the State, is inviolable and enjoys immunity. Test to Determine if Suit is Against the State • Whether it requires an affirmative act from the state. Suit Against Government Agencies 1. Incorporated – if the charter provides that the agency can sue and be sued, then suit will lie, including one for tort. The provision in the charter constitutes express consent on the part of the State to be sued. • Municipal corporations, agencies of the state when they are engaged in governmental functions and should enjoy sovereign immunity from suit. They are subject to suit even in the performance of such functions because their respective charters provide that they can sue and be sued. (Section 22 LGC) 2. Unincorporated – inquire into the principal functions • If governmental: no suit without consent • If proprietary: suit will lie, because when the State engages in principally proprietary functions, then it descends to the level of a private individual, and may therefore be vulnerable to suit. Suit Against Public Officers: The doctrine of state immunity also applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority. Exceptions: (may be sued without prior consent from State) ? 1. to compel him to do an act required by law; 2. to restrain him from enforcing an act claimed to be unconstitutional; 3. to compel the payment of damages from an already appropriated assurance fund or to refund tax over-payments from a fund already available for the purpose; 4. to secure a judgment that the officer impleaded may satisfy by himself without the State having to do a positive act to assist him; 5. where government itself has violated its own laws, because the doctrine of state immunity “cannot be used to perpetrate an injustice” Where a public officer has committed an ultra vires act, or there is a showing
of bad faith, malice or gross negligence, then the officer can be held personally accountable. In order that suit may lie against the state, there must be consent. W here no consent is shown, state immunity from suit may be invoked as a defense by the courts sua sponte at any stage of the proceedings. ?
Express consent: general law or special law Implied consent ? 1. state commences a litigation 2. state enters into a business contract Scope of consent: consent to be sued does not include consent to the execution of judgment against it. Such execution will require another waiver. Suability is not equated with outright liability. Liability will have to be determined by the court on the basis of the evidence and the applicable law. IV. FUNDAMENTAL POWERS OF THE STATE Inherent powers of the State 1. Police Power 2. Eminent Domain 3. Power of Taxation Similarities 1. inherent in the state, without need of express constitutional grant 2. necessary and indispensable 3. methods by which the state interferes with private property 4. presupposes equivalent compensation 5. exercised primarily by legislature Distinctions 1. Police power regulates liberty and property Eminent domain and taxation affects only property rights ? 2. Police power and taxation are exercised only by government Eminent domain may be exercised by private entities ? 3. Property taken in police power is usually noxious or intended for noxious purposes and may be destroyed ? In eminent domain and taxation, the property is wholesome and devoted to public ? use/purpose. 4. Compensation in police power is the intangible, altruistic feeling that the individual has contributed to the public good; ? In eminent domain, it is the full and fair equivalent of the property taken; In taxation, it is the protection given and/or public improvements instituted by ? ? government for taxes paid. Limitations 1. Bill of Rights
2. Courts may annul improvident exercise of police power Police Power • Power of promoting public welfare by restraining and regulating the use of liberty and property. • Most pervasive, least limitable and most demanding of the three powers. •laedas Justification: salus populi est suprema lex and sic utere tuo ut alienum non Who ?
may exercise • Inherently vested in Legislature • Congress may validly delegate this power to the President, administrative bodies and to lawmaking bodies of LGUs. • LGUs exercise this power under the general welfare clause Limitations ?
(test for valid exercise) • Lawful subject: interest of the public; activity or property sought to be regulated affects the general welfare; if it does then the enjoyment of the rights flowing therefrom may have to yield to the interest of the greater number. • Lawful means: means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals. • Express grant by law • Within territorial limits (for LGUs except when exercised to protect water supply) • Must not be contrary to law For Municipal Ordinances to be Valid: (1) Must not contravene the Constitution or the statute (2) Must not be unfair or oppressive (3) Must not be partial or discriminatory (4) Must not prohibit but m ay regulate trade (5) Must not be unreasonable (6) Must be general in application and consistent with public policy Power of Eminent Domain (Power of Expropriation) ? Jurisdiction
• RTC ? Who
may exercise the power • Congress • By delegation, the President, administrative bodies, LGUs and even private enterprises performing public services ? Requisites
(1) Necessity
(2) Private Property, except money and choses in action (3) Taking in the constitutional sense (4) Public use (5) Just Compensation – full and fair equivalent of the property taken; fair market value of the property ?
Judicial Prerogative • Ascertainment of what constitutes just compensation for property taken in eminent domain cases is a judicial prerogative. Form ?
of Compensation • Paid in money and no other form. • In agrarian reform, payment is allowed to be made partly in bonds because under the CARP, “we do not deal with the traditional exercise of the power of eminent domain; we deal with a revolutionary kind of expropriation.” Reckoning ?
point of market value of the property • Date of the taking or the filing of the complaint, whichever comes first. Principal ?
criterion in determining just compensation • Character of the land at the time of the taking Entitlement ?
of owner to interest • When there is delay in the payment of just compensation, the owner is entitled to payment of interest if claimed; otherwise, interest is deemed waived; • Interest is 6% per annum, prescribed in Article 2209 of the CC, NOT 12% per annum under Central Bank Circular No. 416, latter applies to loans or forbearances of money, goods or credits or judgments involving such loans or forbearance of money, goods or credits. The kind of interest here is by way of damages. • In some expropriation cases, the court imposes 12% à damages for delay in payment which, in effect, makes the obligation on the part of government one of forbearance. Who ?
else may be entitled to just compensation • Owner • Those who have lawful interest ? Title
to the property • Does not pass until after payment Right ?
of landowner in case of non-payment of just compensation • Does not entitle to recover possession of the expropriated lots • Only to demand payment of the FMV of the property ? Due
process of law
• Defendant must be given an opportunity to be heard Writ ?
of Possession, ministerial upon: (2) Filing of complaint for expropriation sufficient in form and substance (3) Upon deposit by the government of the amount equivalent to 15% of the FMV of the property per current tax declaration The ?
plaintiff’s right to dismiss the complaint has always been subject to Court and to certain conditions, because the landowner may have already suffered damages at the start of the taking. ? approval ?
Right ?
to repurchase or re-acquire the property • Property owners right to repurchase the property depends upon the character of the title acquired by the expropriator: if land is expropriated for a particular purpose with the condition that when that purpose is ended or abandoned, the property shall revert to the former owner, the former owner can re-acquire the property. Lands for socialized housing are to be acquired in the following order: (1) Government lands (2) Alienable lands of the public domain (3) Unregistered, abandoned or idle lands; (4) Lands within the declared Areas for Priority Development, Zonal Improvement Program sites, Slum Improvement and Resettlement sites which have not yet been acquired; (5) BLISS sites which have not yet been acquired; and (6) Privately owned lands The mode of expropriation is subject to 2 conditions: (1) Resorted to only when the other modes of acquisition have been exhausted (2) Parcels owned by small property owners are exempt from such acquisition Small property owners: (1) Owners of residential lots not m ore than 300 sq. m. in highly urbanized cities and not more than 800 sq. m. in other urban areas (2) They do not own residential property other than the same Power of Taxation ? Who
may exercise • Legislature • Local legislative bodies • To a limited extent, the President, when granted delegated tariff powers ? Limitations
on the exercise • Due process of law, must not be confiscatory
• Equal protection clause, must be uniform and equitable • Public purpose Double ?
taxation • Additional taxes are laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same purpose. Tax ?
Exemptions • No law granting tax exemption shall be passed without the concurrence of a majority of all the Members of Congress. • Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or educational purposes à exempt • Revenues and assets of non-stock, non-profit educational institutions used actually, directly and exclusively for educational purposes à exempt • Proprietary educational institutions à may be exempt subject to limitations provided by law • Grants, endowments, donations, or contributions used actually, directly, and exclusively for educational purposes à exempt Police Power vs. Taxation • License fee v. Tax à license fee is a police measure; tax is revenue measure • Amount collected for a license fee is limited to the cost of permit and reasonable police regulation (except when the license fee is imposed on a non-useful occupation); amount of tax may be unlimited provided it is not confiscatory • License fee is paid for the privilege of doing something and may be revoked when public interest so requires; tax is imposed on persons or property for revenue Kinds of license fee (1) For useful occupation/enterpris es (2) Non-useful occupation/enterprises (when used to discourage, it may be a bit exorbitant) V. PRINCIPLES AND STATE POLICES Preamble • Does not confer rights nor impose duties • Indicates authorship of the Constitution • Enumerates the primary aims and aspirations of the framers • Serves as an aid in the construction of the Constitution Republicanism • The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them.
• Essential features (1) Representation (2) Renovation • Manifestations (1) Government of law and not of men (2) Rule of majority (3) (4) Accountability Bill of rights of public officials (5) Legislature cannot pass irrepealable laws (6) Separation of powers Purpose • To prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. Principle of Blending of Powers • Instances when powers are not confined exclusively within one department but are assigned to or shared by several departments. Principle of Checks and Balances • This allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. Doctrine of Necessary Implication • Absence of express conferment, the exercise of the power may be justified under this doctrine, that the grant of an express power carries with it all other powers that may be reasonably inferred from it. A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right. Political question is a question of policy. It refers to those questions which, under the Constitution, are 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 government. It is concerned with issues dependent upon wisdom, not legality of particular measure. Delegation of powers • Potestas delegate non potest delegare • Delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. • Permissible delegation (1) Tariff powers to the president (2) Emergency powers to the president (in times of war or national
emergency) (3) Delegation to the people – specific provisions where the people have reserved to themselves the function of legislation • Referendum: power of the electorate to approve or reject legislation through an election called for the purpose; referendum on statutes and referendum on local law •approved Plebiscite: process by which an initiative on the Constitution is or electoral rejected by the people. (4) Delegation to LGUs (5) Delegation to Administrative Bodies – power of subordinate legislation • Tests for valid delegation (1) Completeness test: the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. (2) Sufficient standard test: intended to map out the boundaries of the delegates’ authority by defining the legislative policy and indicting the circumstances under which it is up be pursued and effected; the standards usually indicated in the law delegating legislative power. The Incorporation Clause • The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the police of peace, equality, justice, freedom, cooperation and amity with all nations. • Independent foreign policy and nuclear-free Philippines • Expiration of Bases Agreement • Renunciation of War (1) Covenant of the League of Nations (2) Kellogg-Briad Pact of 1928 (3) Charter of the United Nations • Doctrine of Incorporation – our courts have applied the rules of international law in a number of cases even of such rules had not previously been subject of statutory enactments, because these generally accepted principles of international law are automatically part of our own laws. Civilian Supremacy • Civilian authority is, at all times supreme over the military. The AFP is the protector of the people and the State. Its goal is to secure the sovereignty pf the State and integrity of the national territory. Duty of Government; people to defend the State • The prime duty of the Government is to serve and protect the people. • The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. • The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general w elfare are essential for the
enjoyment by all the people of the blessings of democracy. Right to Bear Arms: statutory, not constitutional right. Separation of Church and State • Freedom of religion clause •• Religious sect cannot be registered as political party No sectoral representative from the religious sector • Prohibition against appropriation for sectarian benefit Exceptions ? (1) Section 28(3), Article 6: Exemption from taxation (2) Section 29(2), Article 6: Prohibition against sectarian benefit, except when priest is assigned to the armed forces or to any penal institution or government orphanage or leprosarium (3) Section 3(3), Article 14: Optional religious instruction for public elementary and high school studies (4) Section 4(2), Article 14: Filipino ownership requirement to educational institutions, except those established by groups and mission boards Independent Foreign Policy and Nuclear-free Philippines • State shall pursue an independent foreign policy. In relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest and the right to self-determination. • The Philippines consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Just and dynamic social order • State shall promote a just and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life for all. Promotion of Social Justice • Promote social justice in all phases of national development Respect for human dignity and human rights • State values the dignity of every human person and guarantees full respect for human rights. Family and Youth • The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive support of the Government.
• The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Fundamental equality of men and women •fundamental State recognizes thebefore role ofthe women nation-building and shall ensure the equality law ofinmen and women. Promotion of health and ecology • State shall protect and promote the right to health of the people and instill health consciousness among them. • The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Priority to education, science, technology, etc. • State shall give priority to education, science and technology, arts, culture and sports, to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Protection to Labor • State affirms labor as a primary social economic force. It shall protect the rights or workers and promote their welfare. Self-reliant and independent economic order • State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. • The State recognizes the indispensable role of the private sector, encourages private enterprise, and provide incentives to needed investments. Land reform • State shall promote comprehensive rural development and agrarian reform. Indigenous cultural communities • State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Independent people’s organizations • State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Communication and information in nation-building • State recognizes the vital role of communication and information in nationbuilding. Autonomy of local governments • State shall ensure the autonomy of local governments.
• Decentralization and does not make the local governments sovereign within the State or an imperium in imperio. • Decentralization of administration: delegation of administrative powers to the LGU in order to broaden the base of governmental powers. • Decentralization of power: abdication by the national government of governmental powers. Equal access of opportunities for public service • State shall guarantee equal access of opportunities for public service and prohibit political dynasties as may be defined by law. Honest public service and full public disclosure • State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. • State adopts and implements a policy of full public disclosure of all its transactions involving public interest. VI. BILL OF RIGHTS Definition • Set of prescriptions setting forth the fundamental civil and political rights of the individual, and imposing limitations on the powers of government. • Generally, any government action in violation of the Bill of Rights is void. • Generally self-executing. Civil Rights • Right that belong to every citizen of the state or country and are not connected with the organization or administration of government. Political Rights • Right to participate, directly or indirectly, in the establishment or administration of government. Due Process of Law: No person shall be deprived of life, liberty or property without due process of law Definition ? • A law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. ? Who
are protected • Universal in application to all persons • Artificial persons are covered by the protection only insofar as their property is concerned • Guarantee extends to aliens and includes the means of livelihood ? Meaning
of life, liberty and property • Life: right of an individual to his body in its completeness, free from
dismemberment and extends to the use of God-given faculties which makes life enjoyable • Liberty: the right to exist and the right to be free from arbitrary personal restraint or servitude; includes the right to be free to use his faculties in all lawful ways • Property: anything that can come under the right of ownership and can be subject of contract; the right to secure, use and dispose them. Aspects ?
of due process 1. Substantive – restriction on government’s law- and rule-making powers • Requisites: 1. interest of the public 2. means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on individuals 2. Procedural – restriction on actions of judicial and quasi-judicial agencies of government • Requisites: 1. impartial court or tribunal clothed with judicial power to hear and determine the matter before it 2. jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding 3. the defendant must be given an opportunity to be heard 4. judgment must be rendered upon lawful hearing Publication ?
as part of due process • Publication is imperative to the validity of laws, PDs and Eos, administrative rules and regulation and is an indispensable part of due process. Appeal ?
and due process • Appeal is not a natural right nor is it part of due process; it may be allowed or denied by legislature in its discretion. • But where the Constitution gives a person the right to appeal, denial of such constitutes a violation of due process. Preliminary ?
investigation and due process • Right to preliminary investigation is not a constitutional right, but it is merely a right conferred by statute. • But where there is a statutory grant of the right to preliminary investigation, denial of such constitutes a violation of due process. ? Administrative
due process • Requisites (1) Right to a hearing, includes the right to present one’s case and submit evidence in support thereof; (2) Tribunal must consider the evidence presented; (3) Decision must have something to support itself; (4) Evidence must be substantial;
(5) Decision must be rendered on the evidence presented or at least contained in the records and disclosed to the parties; (6) Tribunal or any of its judges must act on its own or his own independent consideration of the facts and the law of the controversy, and not simply accept the views of a subordinate in arriving at a decision; and (7) The board or body should, in all controversial questions, render its decision in such a manner that parties proceeding will know the various issues involved, and thethe reason for to thethe decision. Equal Protection of the Laws Meaning ? • All persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. • Natural and juridical persons are entitled to this guarantee. • With respect to juridical persons, they enjoy the protection only insofar as their property is concerned. Scope ?
of Equality
• Economic (1) Free access to courts (2) Marine wealth reserved for Filipino citizens (3) Reduction of social, economic and political inequalities • Political (1) Free access to courts (2) Bona fide candidates being free from harassment/discriminati on (3) Reduction of social, economic and political inequalities • Social Valid ?
Classification (1) Substantial distinctions (2) Germane to the purpose of the law (3) Not limited to existing conditions only (4) Must apply equally to all m embers of the same class Searches and Seizures Scope ? • Available to all persons, including aliens, whether accused of a crime or not. • Artificial persons are also entitled to the guarantee, although they may be required to open their books of accounts for examination by the State in the exercise of police and taxing powers. • Right is personal Objection ?
must be raised before the accused enters his plea
? Procedural
Rules 1. warrantless arrest is not a jurisdictional defect and any objection thereto is waived when the person arrested submits to arraignment w ithout any
objection; 2. where a criminal case is pending, the Court wherein it is filed, or the assigned branch, has primary jurisdiction to issue the search warrant; 3. where no criminal case has been filed, the executive judges or their lawful substitutes, in the areas and for the offense contemplated shall have primary jurisdiction; 4. moment the information issue the warrant of arrest; is filed with the RTC, it is that court which must 5. the judge may order the quashal of a warrant he issued even after the same had already been implemented, particularly when such quashal is based on the finding that there is no offense committed à items seized shall be inadmissible in evidence Only ?
a judge may issue a warrant • Exception: order of arrest may be issued by administrative authorities but only for the purpose of carrying out a final finding of a violation of law, e.g. an order of deportation or an order of contempt but not for the sole purpose of investigation or prosecution. Requisites for a Valid Warrant (1) Probable cause (2) Determination of probable cause personally by the judge (3) After examination under oath or affirmation of the complainant and the witnesses he may produce (4) Particularity of description The judge shall (1) Personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) If on the basis thereof, he finds no probable cause, he may disregard the prosecutor’s report band require the submission of supporting affidavits of witnesses. Principles: (1) The determination of probable cause is a function of the judge (2) The preliminary inquiry made by the prosecutor does not bind the judge, as it is the report, affidavits, the transcript of stenographic notes and all other supporting documents behind the prosecutor’s certification which are material in assisting the judge in his determination of probable cause (3) Judges and prosecutors should distinguish the preliminary inquiry which determines probable cause for the issuance of the warrant of arrest from the preliminary investigation proper which ascertains whether the offender should be held for trial or be released (4) Only a judge may issue a warrant of arrest Judge himself conducts the preliminary investigation, for him to issue a
warrant of arrest, the investigating judge must: (1) Have examined, under oath, the complainant and the witnesses; (2) Be satisfied that there is probable cause; and (3) That there is a need to place the respondent under immediate custody in order not to frustrate the ends of justice
Particularity of Description: (1) Readily identify the properties to be seized and thus prevent them from seizing the wrong items; and (2) Leave peace officers with no discretion regarding the articles to be seized and thus prevent unreasonable searches and seizures. Warrant of Arrest à particularly describe the person to be seized if it contains the name/s of the person/s to be seized. John Doe warrant à descriptio persona Search Warrant à description is as specific as the circumstances will ordinarily allow or when description expresses a conclusion of fact (not of law) by which the warrant officer may be guided in making the search; or when the things described are limited to those which bear direct relation to the offense for which the warrant is being issued. Properties Subject of Seizure: (1) Subject of the offense (2) Stolen or embezzled property and other proceeds or fruits of the offense; and (3) Property used or intended to be used as means for the commission of an offense Conduct of the Search (1) Lawful occupant (2) Any member of his family (3) 2 witnesses, of sufficient age and discretion, residing in the same
locality
Warrantless arrests by a peace officer or a private person: (1) When the person to be arrested has committed, is actually committing or is attempting to commit an offense in his presence; (2) When the offense had just been committed and there is probable cause to believe, based on his personal knowledge of facts and of other circumstances, that the person to be arrested has committed the offense; (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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another; and (4) When the right is voluntarily waived. Buy-bust operation is a valid in flagrante arrest.
In flagrante arrests: (1) The person to be arrested must execute an overt act indicating that he had just committed, is actually committing, or is attempting to commit a crime; and (2) Such overt act is done in the presence or within the view of the arresting officer. In (2): (1) there must be immediacy between the time the offense is committed and the time of the arrest. If there was an appreciable lapse of time between the arrest and the commission of the crime, a warrant of arrest m ust be secured and (2) the person making the arrest has personal knowledge of certain facts indicating that the person to be taken into custody has comm itted the crime. Question the validity of the arrest before entering plea; failure to do so would constitute a waiver of his right against unlawful restraint of his liberty. However, waiver is limited to the illegal arrest. It does not extend to the search made as an incident thereto, or to the subsequent seizure if evidence allegedly found during the search. Warrantless Searches (1) When the right is voluntarily waived; (2) When there is a valid reason to “stop-and-frisk”; (3) Where the search (and seizure) is an incident to a lawful arrest; (4) Search of vessels and aircrafts; (5) Search of moving vehicles; (6) Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations; (7) Where prohibited articles are in plain view; (8) Search and seizure under exigent and emergency circumstances; and (9) Conduct of areal target zoning or saturation drive/s as valid exercise of military powers of the President (Guanzon vs. de Villa) Valid Waiver of Constitutional Right (1) Right exists (2) That the person involved had knowledge, either actual or constructive of the existence of such right; and (3) That the person had an actual intention to relinquish the right. Searches of Passengers at Airports - When the accused checked in his luggage as a passenger of a plane, he agreed to the inspection of his luggage in accordance with customs laws and regulations, and thus waived any objection to a warrantless search. - Search made pursuant to routine airport security is allowed under RA 6235, which provides that every airline ticket shall contain a condition that handcarried luggage, etc., shall be subject to search, and this condition shall form
part of the contract between the passenger and the air carrier. Stop and Frisk - Vernacular designation of the right of a police officer to stop a citizen on the street, interrogate him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that criminal activity may be afoot. - Requisites: 1. police officer should properly introduce himself and make initial inquiries 2. approach and restrain a person who manifests unusual and suspicious conduct in order to check the latter’s outer clothing for possible concealed weapon 3. must have a genuine reason, in accordance with experience and the surrounding conditions, to warrant the belief that the person to be held has weapons or contraband concealed about him 4. search and seizure should precede the arrest Exception: People vs. Sucro – warrantless search and seizure can be made ? without necessarily being preceded by an arrest provided that the said ? ? search is effected on the basis of probable cause. - People vs. Chua Ho San: contemporaneous search of a person arrested may be effected for dangerous weapons or proofs or implements used in the commission of the crime and which search may extend to the area within his immediate control where he might gain possession of a weapon or evidence he can destroy, a valid arrest must preceded a search. Where the search (and seizure) is an incident to a lawful arrest; - Search must be contemporaneous to arrest and made within a permissible area of search. - Requisites: 1. arresting officer must have probable cause in effecting the arrest; and 2. probable cause must be based on reasonable ground of suspicion or belief that a crime has been committed or is about to be committed. Permissible area of search - may extend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Seizure of allegedly pornographic material (1) criminal charge must be brought against the person/s for purveying the pornographic material/s; (2) application for a search and seizure warrant obtained from a judge (who shall determine the existence of probable cause); (3) material confiscated brought to the court in the prosecution of the accused for the crime charged; (4) court will determine whether the confiscated items are really pornographic; and (5) judgment of acquittal or conviction rendered by the court accordingly
Fishing vessel found to be violating fishery laws may be seized without a warrant: (1) usually equipped with powerful motors that enable them to elude pursuit and (2) seizure would be incident to a lawful arrest Search of moving vehicles - justified on the ground that it is not practicable to secure a warrant because the vehicle can be moved quickly out of the locality or jurisdiction in which the warrant may be sought. - Prevent violations of smuggling or immigration laws, provided that such searches are made at borders or constructive borders (e.g. checkpoints near the boundary lines of the state). “Stop and search” without a warrant at a military or police checkpoints - Not illegal per se so long as it is required by the exigencies of public order and conducted in a way least intrusive to m otorists. (Valmonte vs. de Villa) Checkpoint Search (1) Mere routine inspection: the search is normally permissible when it is limited to a mere visual search, where the occupants are not subjected to a physical or body search. (2) Extensive search: constitutionally permissible if the officers conducting the search had reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched. Inspection of buildings and other premises for the enforcement of fire, and building regulations
sanitary
- Exercise of police power of the State - Must be conducted during reasonable hours Prohibited articles are in plain view - Objects in plain view of the officer who has the right to be in the position to have that view. - Police officer is not searching but inadvertently comes upon an incriminating object. - Requisites: (1) Prior valid intrusion based on a valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (2) Evidence was inadvertently discovered by the police who have the right to be where they are; (3) Evidence must be immediately apparent; and (4) “Plain view” justified the seizure of the evidence without any further search.
Plain View - Object is plainly exposed to sight. - Where the object seized is inside a closed package, the object is not in plain view and, therefore, cannot be seized without a warrant. - Package proclaims its contents à transparency, distinctive configuration or contents are obvious to an observer. -executed, People vs. Salanguit: once the valid of the search has been the “plain view” doctrine canportion no longer provide anywarrant basis for admitting the other items subsequently found… (marijuana was also wrapped in newspaper which was not transparent….warrant for shabu and drug paraphernalia, found the shabu first) - Doctrine is not an exception to the warrant. It serves to supplement the prior justification. It is a recognition that of the fact that when executing police officers come across immediately incriminating evidence not covered by the warrant, they should not be required to close their eyes to it, regardless of whether it is evidence of the crime they are investigating or evidence of some other crime. It would be needless to require the police to obtain another warrant. Immediately apparent test - Does not require an unduly high degree of certainty. - Requires merely that the seizure be presumptively reasonable assuming that there is probable cause to associate the property with criminal activity. - Nexus exists between the viewed object and the criminal activity. Exclusionary Rule: Evidence obtained in violation of Section 2, Article 3 shall be inadmissible for any purpose in any proceeding because it is “the fruit of the poisoned tree.” - Property illegally seized may be used in evidence in the case filed against the officer responsible for the illegal seizure. Privacy of Communications and Correspondence - The privacy of communication and correspondence shall be inviolable EXCEPT upon lawful order of the court OR when public safety or order requires otherwise as prescribed by law. - Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. ? Inviolability
- Exceptions: (2) Lawful order of the court; (3) Public safety or order requires otherwise, as m ay be provided by law. - Includes tangible and intangible objects. - RA 4200: illegal for any person not authorized by all the parties to any private communication, to secretly record such communications by means of a tape recorder. Telephone extension was not among the devices covered by this law.
Freedom of Expression - No law shall be passed abridging the freedom of speech, of expression nor of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. - Scope: Any and all modes of expression. Aspects: ? (1) Freedom from censorship or prior restraint - Need not be total suppression, even restriction of circulation constitutes censorship. - Section 11 (b), RA 6646: legitimate exercise of the police power of the State to regulate media or communication and information for the purpose of ensuring equal opportunity, time and space for political campaigns. Unrelated to suppression of speech as it is only incidental and no more than is necessary to achieve the purpose of achieving the purpose of promoting equality. - Movie censorship: movie, compared to other m edia of expression, have a greater capacity for evil and must, therefore, be subjected to a greater degree of regulation. - Power of MTRCB can be exercised only for purposes of “classification” not censorship. - Primacy of freedom of expression over Enrile’s “right to privacy” because Enrile was a “public figure” and a public figure’s right to privacy is narrower than that of an ordinary citizen. (Ayer Productions vs. Judge C apulong) - Board of Review for Motion Pictures and Television (BRMPT) à “X-rating” when the program would create a clear and present danger of an evil which the State has the right to prevent. (Inglesi ni Cristo vs. CA) - No law prohibiting the holding and reporting of exit poll. (ABS-CBN Broadcasting Corporation vs. COMELEC) - Test for the validity of government regulation, valid if (O’Brien Test): 1. within the constitutional power of government; 2. furthers an important or substantial government interest; 3. government interest is unrelated to the suppression of free expression; and 4. incidental restriction on the freedom is no greater than is essential to the furtherance of that interest. - Overbreadth Doctrine: prohibits government from achieving its purpose by “means that sweep unnecessarily broadly, reaching constitutionally protected as well as unprotected activity.” (2) Freedom from subsequent punishment - Without this assurance, the individual would hesitate to speak for fear that he might be held accountable for his speech, or that he might be provoking the vengeance of the officials he may have criticized. - Not absolute and may be properly regulated in the interest of the public. - State may validly impose penal and/or administrative sanctions, such as: 1. Libel - Public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. - Oral defamation is called slander. - Every defamatory imputation is presumed to be malicious. Exceptions:
1. a private communication madeorbysocial any person to another in the performance of any legal, moral duty; and 2. fair and true report, m ade in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of a confidential nature, or of any statement, report or speech delivered in said proceedings, or of any act performed by public officers in the exercise if their functions. - Public has the right to be informed on the mental, moral and physical fitness of candidates for public officer. The rule applies only to fair comments on matters of public interest, fair comment being that which is true, or if false, expresses the real opinion of the author based upon reasonable degree of care and on reasonable grounds. 2. Obscenity - Determination of what is obscene is a judicial function. 3. Criticism of official conduct - US vs. Bustos: individual is given the widest latitude in criticism of official conduct. - Publication that tends to impede, embarrass or obstruct the court and constitutes a clear and present danger to the administration of justice is not protected by the guarantee of press freedom and punishable by contempt. It is not necessary to show that the publication actually obstructs the administration of justice; it is enough that it tends to do so. - Freedom of press is subordinate to the decision, authority, integrity and independence of the judiciary and the proper administration of justice. 4. Right of students to free speech in school premises not absolute - Campus Journalism Act provides that a student shall not be expelled or suspended solely on the basis of articles he or she has written, the same should not infringe on the school’s right to discipline its students. - The school cannot suspend or expel a student solely on the basis of the articles he or she has written, except when such article materially disrupts class work or involves substantial disorder or invasion of rights of others. ? Test
of valid government interference (1) Clear and Present Danger Rule - Whether the words are used in such circumstances and of such nature as to create a clear and present danger that they will bring about the substantive evils that the State has the right to prevent. - The substantive evil must be extremely serious and the degree of imminence extremely high before utterances can be punished. - Rule: the danger created must not only be clear and present but also traceable to the ideas expressed.
- “clear”: seems to point to a causal connection with the danger of the substantive evil arising from the utterance questioned - “present” refers to the time element, identified with imminent and immediate danger - The danger must not only be probable, but very likely inevitable. (2) Dangerous Tendency Rule -the Words create a such dangerous of an evil which the State has right uttered to prevent, then words tendency are punishable. - Sufficient if the natural tendency and the probable effect of the utterance were to bring about the substantive evil that the legislative body seeks to prevent. (3) Balancing of Interests Test - When particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional or partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented. - Requires a court to take conscious and detailed consideration of the interplay of interests observable in a given situation. Assembly ?
and Petition - Right to assemble is not subject to prior restraint. - It may not be conditioned upon prior issuance of a permit or authorization from government authorities. - It must be exercised in such a way as will not prejudice the public welfare. - PUBLIC PLACE: permit for the use of such place, and not for the assembly itself, may be validly required. The power of local officials is merely one of regulation. - Permit to hold public assembly shall not be necessary where the meeting is to be held in a PRIVATE PLACE. Public Assembly Act: a permit shall not be necessary where the meeting is
to be held in a private place, in the campus of the government-owned or – operated educational institution, or in a freedom park. Where permit is required, written application shall be filed with the mayor’s office at least 5 days before the scheduled meeting and shall be acted upon within 2 days. Otherwise, permit shall be deemed granted. Denial shall be justified only upon clear and convincing evidence that the public assembly will create a cleat and present danger to public order, safety, convenience, morals and health. Action shall be communicated within 24 hours to the applicant… may appeal to appropriate courts. Decision must be reached within 24 hours.
The law permits law enforcement agencies to detail a contingent under a responsible officer at least 100 meters away from the assembly in case it becomes necessary to maintain order. - Academic freedom of institutions of higher learning cannot be utilized to discriminate against those who exercise their constitutional rights.
- Right to free assembly and petition prevails over economic rights. - Education of the youth occupies a preferred position over the freedom of assembly and petition. - Tests priorly applied by the court: 1. purpose test 2. auspice test Freedom of Religion - No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. - 2 guarantees: 1. non-establishment clause 2. freedom of religious profession and worship - Non-establishment clause: separation of Church and State 1. cannot be registered as a political party; 2. no sectoral representative from the religious sector; and 3. prohibition against the use of public money or property for the benefit of any religion, or of any priest, minister or ecclesiastic. - Exceptions: 1. exception from taxation of properties actually, directly and exclusively used for religious purposes; 2. citizenship requirement of ownership of educational institutions, except those established by religious groups and mission boards; 3. optional religious instruction in public elementary and high schools à expressed in writing by the parents/guardians, taught within regular class hours; and without additional costs on the Government; and 4. appropriation allowed where the minister or ecclesiastic is employed in the armed forces, penal institution or in the government-owned orphanage or leprosarium. - Scope: 1. State cannot set up a Church 2. nor pass laws which aid one religion, aid all religion or prefer one over another; 3. nor force nor influence a person to go to or remain away from church against his will; 4. or force him to profess a belief or disbelief in any religion. - The term “Non-Christian tribes” does not refer to religious belief but to degree of civilization. (People vs. Cayat) - Laws, e.g. Article 133 of the RPC, do not violate freedom of religion. - Freedom of religion is accorded preferred status, designed to protect the broadest possible liberty of conscience, to allow each man to believe as his conscience directs, to profess his beliefs and to live as he believes he ought to live, consistent with liberty of others and with the common good. - Intramural religious disputes:
Where a civil right depends upon some matter pertaining to ecclesiastical affairs, the civil tribunal tries the civil right and nothing more. “Ecclesiastical Affair” is one that concerns doctrine, creed, or forum of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership, and the power of excluding from such associations those
deemed unworthy of membership. It is not for the Court to exercise control over Church authorities in the performance of their discretionary and official functions; it is for the mem bers of religious institutions/organizations to conform to just church regulations. - Free Exercise Clause Aspects of freedom of religious profession and worship: 1. right to believe, which is absolute 2. right to act according to one’s belief, which is subject to regulation. Constitutional guarantee of free exercise pf religious profession and worship carries with it the right to disseminate religious information, and any restraint of such right can be justified only on the ground that there is a clear and present danger of an evil which the State has the right to prevent. - The compelling State interest test: Estrada vs. Escritor (administratively charged with immorality for living with a married man, not her husband; conjugal arrangement was in conformity with their religious beliefs) “Benevolent Neutrality” recognizes that government must pursue its secular goals and interests, but at the same time, strive to uphold religious liberty to the greatest extent possible within flexible constitutional limits. Thus, although the morality contemplated by laws is secular, benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend compelling state interest. 2 steps:
1) Whether respondent’s right to religious freedom has been burdened and 2) Ascertain respondents sincerity in his beliefs. - State regulations imposed on solicitations for religious purposes do not constitute an abridgment of freedom of religion; but are NOT covered by PD 1564 (Solicitation Permit Law) which required prior permit from DSWD in solicitations for charitable or public welfare purposes; - Free exercise clause does not prohibit imposing a generally applicable sales and use tax on the sale of religious materials by a religious organization. Resulting burden is so incidental as to make it difficult to differentiate it from any other economic imposition that might make the right to disseminate religious doctrines costly. Liberty of Abode and of Travel - The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. - Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be provided by law.
- Limitations: 1) On liberty of abode: lawful order of the court Caunca vs. Salazar: maid has the right to transfer to another residence even if she had not yet paid the amount advanced for her transportation from the province by an employment agency; Rubi vs. Provincial Board of M indoro: requiring some members of the non
Christian tribes to reside only within a reservation, valid… to promote their better education, advancement and protection. Universal Declaration of Human Rights: everyone has the right to leave any country, including his own and to return to his country. Covenant on Civil and Political Rights: no one shall be arbitrarily deprived of the right to enter his own country. 2) On right to travel: national security, public safety or public health, as may be provided by law - Lawful order of the court is a valid restriction. - Court may validly refuse to grant the accused permission to travel abroad, even if the accused in out on bail. (Manotoc vs. CA) - Liberty of travel may be impaired even without court order, the appropriate
executive officers or administrative authorities are not armed with arbitrary discretion to impose limitations. - Principles: 1) The Hold-departure Order is but an exercise of the court’s inherent power to preserve and maintain the effectiveness of its jurisdiction over the case and over the person of the accused; 2) By posting bail, the accused holds himself amenable at all times to the orders and processes of the court, thus, she m ay be legally prohibited from leaving the country during the pendency of the case; and 3) Parties with pending cases should apply for permission to leave the country from the very same courts which, in the first instance, are in the best position to pass upon such applications and to impose appropriate conditions therefore, since they are conversant with the facts of the cases and the ramifications or implications thereof. - The persons right to travel is subject to the usual constraints imposed by the very necessity of safeguarding the system of justice. Whether the accused should be permitted to leave the country for humanitarian reasons is a matter addressed to the court’s discretion. Right to Information - Right of the people to information on matters of public concern shall be recognized. - Access to official records and to documents and papers pertaining to official acts, transactions decisions as wellbe asafforded to government research data as basis for policy pr development shall the citizen, subject to used such limitations as may be provided by law. - Scope of the Right: right to information contemplates inclusion of negotiations leading to consummation of the transactions.
The right only affords access, which means the opportunity to inspect and copy them at his expense. Subject to regulations: to protect integrity of public records and to minimize disruption of government operations. - Exceptions: 1) Privileged communications rooted in separation of powers
2) Information on military and diplomatic secrets 3) Information affecting national security 4) Information on investigations of crimes by law enforcement agencies before the prosecution of the accused. - Need for publication of law reinforces this right. - The manner of examining public records may be subject to reasonable regulation by the government agency in custody. - The duty to disclose the information of public concern, and to afford access to public records cannot be discretionary on the part of said agencies. Its performance may be compelled by mandamus. - In Re: Request for Live Radio-TV Coverage of the Trial in the SB of the Plunder Case against Former Pres. Joseph Ejercito Estrada, Secretary of Justice Hernando Perez vs. Joseph Ejercito Estrada: when the constitutional guarantees of freedom of the press and the right to public information, on the one hand, and the fundamental rights of the accused, on the other hand, along with the constitutional power of a court to control its proceedings in ensuring a fair and impartial trial race against another, jurisprudence tells us that the right of the accused must be preferred (losing not only his liberty but also the very life of an accused). Right to Form Associations - The right of the people, including those employed in the public and private sectors, to form unions, associations or societies for purposes not contrary to law shall not be abridged. - Scope: includes the right not to join or to disaffiliate from one. - Right to Strike: mem bers of the civil service may not declare a strike to enforce economic demands. - The ability to strike is not essential to the right of association. - The right of the sovereign to prohibit strikes or work stoppages by public employees is clearly recognized at common law. Modern rule merely incorporate or reasserts said common law. - Right is not absolute. Anti-Subversion Act Managerial employees: receive information that is not only confidential but also generally not available to the public.
Non-impairment Clause - No law impairing the obligation of contracts shall be passed. - To fall within the prohibition, the change must not only impair the obligation of the existing contract, but the impairment must be substantial.
- Change in the rights of the parties with reference to each other and not with respect to non-parties. - Impairment: anything that diminishes the efficacy of the contract - Substantial impairment when the law changes either 1) Time of performance 2) Mode of performance 3) new conditions 4) Imposes Dispenses with those expressed 5) Authorizes for its satisfaction something different from that provided in its terms - Limitations: 1) Police power – public welfare is superior to private rights 2) Eminent domain 3) Taxation - Franchises, privileges, licenses, etc do not come within the context of the provision Subject to amendment alteration, or repeal by the Congress when common good so requires.
Free Access to Courts - Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. - Social justice provision providing for pauper suits. Miranda Doctrine - Any person under investigation for the commission of an offense shall have The right to be informed of his right to remain silent and To have competent and independent counsel preferably of his own choice. - If the person cannot afford the services of counsel, he must be provided with one. - These rights cannot be waived, except In writing and In the presence of the counsel. - No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. - Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. - Any confession or admission obtained in violation of this or Section 17 shall be inadmissible in evidence against him. - The law shall provide for penal and civil sanctions for violations of this section, as well as compensation to and rehabilitation of victims of torture or
similar and their - Rightspractices, are available only families. during custodial investigation. Custodial investigation or in-custody interrogation of accused person: any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any
significant way. Investigation ceases to be a general inquiry into an unsolved crime and direction is aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory questions which tend to elicit incriminating statements. - Does not apply to spontaneous statement5s.
-placed Does not apply to admissions/confess under custodial investigation. ions made by a suspect before he was - Custodial investigation includes the practice of issuing an “invitation” to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation. - Police Line-up Not considered part of custodial investigation because it is conducted before that stage of investigation is reached. Process has not yet shifted from the investigatory to the accusatory stage. - People vs. Escordial Out-of-court identification may be made in a “show-up” (where the accused
is brought face to face with the witness for identification) or in a police line-up (where the suspect is identified by a witness from a group of persons gathered for that purpose). During custodial investigation, these have been described as “critical confrontations of the accused by the prosecution” necessitating the presence of counsel. This is because the result of these pre-trial proceedings might w ell settle the fate of the accused and reduce the trial to a mere formality. Merely photographed or paraffin test, not yet under custodial investigation. - Investigations not considered as custodial interrogations. - Arrested person signs a booking sheer and an arrest report at the police station, he does not admit the comm ission of an offense nor confess to any incriminating circumstance. Said booking sheet is merely a statement of how the arrest was made and has no probative value as an EJ statement of the person detained. - Rights guaranteed by this provision refers only to testimonial compulsion. - What rights are available 1) To remain silent; No adverse inference from his refusal to answer. 2) To competent and independent counsel (preferably of his own choice; at all stages of the proceeding); Attaches upon the start of the investigation; Lawyer should never prevent a person from telling the truth. RA 7438: Accused’s parent, older bro and sis, spouse, Mayor, Municipal
Judge, district school supervisor, or priest or minister of the gospel as chosen by the accused, may appear in lieu of the counsel during the taking of an EJ confession IF: 1) Counsel of accused is absent and 2) Valid waiver had been executed.
“competent and independent” à willing to safeguard the constitutional rights of the accused, as distinguished from one who would merely be giving a routine peremptory and meaningless recital of the individual’s constitutional rights. Mere pro forma appointment of a counsel de officio who fails to genuinely protect the interests of the accused merits disapprobation.
Independent Counsel: not special counsel, City legal officer, Mayor, public/private prosecutor, counsel of the police, or a municipal attorney, whose interest is admittedly adverse to the accused. “Preferably of his own choice” does not mean that the choice of a lawyer by a person under investigation is exclusive as to preclude other equally competent and independent attorneys from handling the defense. Choice of lawyer when accused cannot afford – final say is still with the accused who may reject said lawyer; deemed engaged by the accused when he does not object. Confession obtained after charges had already been filed: The right to counsel still applies in certain pre-trial proceedings that are considered critical stages in the criminal process. Custodial interrogation before or after charges have been filed, and non-custodial interrogation after the accused has been formally charged, are considered “critical pre-trial stages” in the criminal process. 3) To be informed of such rights; Transmission of meaningful information rather than just ceremonial and perfunctory recitation of an abstract constitutional principle. P must show that the accused understood what he read and the consequences of his waiver. Right to be informed carries with it the correlative obligation on the part of the investigator to explain and contemplates an effective communication which results in the subject understanding what is conveyed. (degree of
explanation depends on the personal circumstances of the accused) 4) Rights cannot be waived except in writing and signed by the person in the presence of his counsel; 5) No torture, force, violence, etc. which vitiates free will shall be used; 6) Secret detention places, etc. are prohibited; and 7) Confessions/admissions obtained in violation of rights are inadmissible in evidence. 2 Kinds of Involuntary/Coerced Confession 2) Coerced confession, the product of third degree methods 3) Uncounselled statements, without the benefit of the Miranda warning Alleged infringement of the constitutional rights of the accused during custodial investigation is relevant and material only where an extrajudicial
confession/admissio n from the accused becomes the basis of conviction. 1973 Constitution does not distinguish between verbal and non-vernal confession. A person suspected of having committed a crime and subsequently charged with its commission has the following rights in the matter of his
testifying or producing evidence: 1) Before case is field in court or with public prosecutor for preliminary investigation, but after having been taken into custody or otherwise deprived of his liberty and on being interrogated by the police To remain silent Right to counsel
To be informed of such right Not to be subjected to torture, violence, threat, intimidation or any other means which vitiates free will and To have evidence obtained in violation of these rights rejected and inadmissible. 2) After the case is filed in court To refuse to be a witness Not to have nay prejudice by such refusal To testify in his own behalf, subject to cross-examination While testifying, refuse to answer an incriminating question - Waiver (1) Must be in writing and made in the presence of the counsel (2) No retroactive effect – no application to waivers made prior to APRIL 26, 1983, the promulgation of Morales. (3) Burden of proof – burden of proving valid waiver is with the prosecution. Presumption that official duty has been regularly performed cannot prevail over the presumption of innocence. (4) What may be waived Right to remain silent Right to counsel NOT the right to be informed of these rights. - Guidelines for Arresting/Investigat ing Officers (People vs. Mahinay) (1) Person arrested, detained, invited or under custodial investigation must be
informed in a language known to and understood by him of the reason for his arrest and must be shown the warrant of arrest, if any. (2) He must be warned that he has the right to remain silent and that any statement he makes may be used as evidence against him. (3) He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice. (4) He must be informed that if he has no lawyer or cannot afford one, a lawyer will be provided for him; and that a lawyer may also be engaged by any person in his behalf or m ay be appointed by the Court upon petition of the person or one acting in his behalf. (5) That whether or not the person arrested has a lawyer, he must be informed that no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver. (6) The person arrested must be informed that, at any time, he has the right to communicate or confer by the most expedient means with his lawyer, any member of his immediate family, or any medical doctor, priest or minister
chose by him or anyone of his immediate family or by his counsel, or be visited by/confer with duly accredited national or international nongovernmental organization. It shall be the responsibility of the officer to ensure that this is accomplished. (7) He must be informed that he has the right to waive any said rights provided it is made voluntarily, knowingly and intelligently, and ensure that he understood the same. (8) If the person arrested waives his right to a lawyer, he m ust be informed that this must be done in writing and in the presence of the counsel, otherwise he must be warned that the waiver is void even if he insists in his waiver and chooses to speak. (9) The person arrested must be informed that he may indicate in any manner at any time or stage of the process that he does not wish to be questioned with a warning that once he makes such indication the police may not interrogate him if the same had not yet commenced or the interrogation must cease if it had already begun. (10) The person arrested must be informed that the initial waiver of his right to remain silent, the right to counsel or to any other rights does not bar him from invoking it at any time during the process, regardless of whether he may have answered some questions or volunteered some statements. (11) He must be informed that any statement or evidence, as the case may be, obtained in violation of any of the foregoing, inculpatory or exculpatory, in whole or in part, shall be inadmissible. - Exclusionary Rule: Confession/Admission obtained in violation of Section 12 and 17, Article III of the Constitution shall be inadmissible in evidence. - Confession: declaration made voluntarily and without compulsion or inducement by a person acknowledging that he has committed or participated in the commission of a crime. - Any allegation of force, duress, undue influence or other forms of involuntariness in exacting such confession must be proved y clear, convincing and competent evidence by the defense. Otherwise, the confession’s full probative value may be used to demonstrate the guilt of the accused. - Fruit of the P oisonous Tree: (Justice Frankfurter à Nardone vs. US) Once the primary source is shown to have been unlawfully obtained, any secondary or derivative evidence derived from it is also inadmissible. Basis: evidence illegally obtained by the State should not be used to gain other evidence. - Receipt of Seized Property if signed by the accused without assistance of counsel and not having been informed of his constitutional rights is inadmissible. People vs. Linsangan: initialed the P10 bill that the police found tucked in his waist. Valid. Because possession of marked bills did not constitute a crime, the subject if the prosecution being his act of selling marijuana cigs. - Re-enactment of the Crime – before, must be appraised of his constitutional rights.
- Res Gestae – admissible. - Waiver of Exclusionary Rule: failure to object to offer in evidence. Right to Bail - All persons except those charged with an offense punishable by RP, when evidence of guilt is strong, shall before conviction be bailable by sufficient sureties or to bebail released on recognizance as may betheprovided byof law. - The right shall not be impaired even when privilege the writ of habeas corpus is suspended. - Excessive bail shall not be required. - Bail: is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required. - Any person under detention, even if no formal charge have yet been field, can invoke the right to bail. - When bail is authorized, it should be granted before arraignment, otherwise, the accused may be precluded from filing a motion to quash. - Exceptions: 1. when charged with an offense punishable by RP (or higher) and evidence of guilt is strong 2. traditionally, not available to military - Duty of the Court when accused is charged with an offense punishable by RP or higher. Hearing on the motion for bail must be conducted by the judge. Prosecution must be given an opportunity to present all the evidences. Applicant having right of cross-examination and to introduce evidence in rebuttal. If prosecution refuses to adduce evidence or fails to interpose an objection to the motion for bail, it is still mandatory for the court to conduct a hearing or ask searching and clarificatory questions from which it may infer the strength of the evidence of guilt or lack of it. - The hearing on the petition for bail need not at all times precede arraignment, because the rule is that a person deprived of his liberty by virtue of his arrest or voluntary surrender may apply for bail as soon as he is deprived of his liberty, even before a complaint or information is filed against him. - Court’s order granting or refusing bail must contain summary of evidence for the prosecution. - The assessment of the evidence presented during bail hearing is only for the purpose of granting or denying an application for the provisional release of the accused à liberal in their approach, not being a final assessment.
- Bail is either: 1) A matter of right Before or after conviction by MeTC, MTC MTC in Cities, MCTC Before conviction by RTC of an offense not punishable by death, RP or life imprisonment.
2) Judges discretion Upon conviction by RTC of an offense not punishable by death, RP or life imprisonment. The court, in its discretion, may allow the accused to continue on provisional liberty under the same bail bond during the period to appeal, subject to consent of bondsman.
If court imposes penalty of imprisonment of 6-20 years, accused shall be denied bail or bail previously granted cancelled, upon showing by prosecution that: 1) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration; 2) The accused is found to have previously escaped from legal confinement, evaded sentence or has violated the conditions of his bail without valid justification; 3) The accused committed the offense while on probation, parole or under conditional pardon; 4) Circumstances of the accused or his case indicate the probability of flight if released on bail; and 5) Undue risk that during pendency of the appeal, the accused may commit another crime. 3) Denied Accused is charged with a capital offense or an offense punishable by RP or higher and evidence of guilt is strong. Principle denying bail to an accused charged with a capital offense where evidence of guilt is strong, applies with equal force to the appellant who, though convicted of an offense not punishable by death, RP, or life imprisonment was nevertheless srcinally charged with a capital offense. - Standards for fixing bail 1) Financial ability of the accused 2) Nature and circumstances of the offense 3) Penalty for the offense charged 4) Character and reputation of the accused 5) Penalty for the offense charged 6) Weight of the evidence against him 7) Age and health 8) Probability of appearing at the trial 9) Forfeiture of other bonds by him 10) Fact that he was a fugitive from justice when arrested 11) Pendency of other cases in which he is under bond - Right to Bail and Extradition (Government of the U.S. vs. Judge Purungan and Mark Jimenez)
The constitutional provision on bail applies only when a person is arrested and detained for violation of Philippine criminal laws. It does not apply to extradition proceedings, because extradition courts do not render judgments of acquittal or conviction. It flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom unless his guilt is proved beyond reasonable doubt. The constitutional provision on bail will not apply to a case of extradition where the presumption of innocence is not an issue. Extradition proceedings are separate and distinct from the trial of the offenses for which he is charged. He should apply for bail before the courts trying the criminal cases against
him, not before the extradition court. After a potential extradite has been arrested and placed under custody of the law, bail may be applied for and granted as an exception, only after clear and convincing showing that a. Once granted bail, the applicant will not be a flight risk or a danger to the community, and b. There exists special, humanitarian and compelling circumstances. - Waiver of the Right to Bail – personal to the accused. - The right to bail is not impaired by the suspension if the privilege of the writ of habeas corpus.
Constitutional Rights of the Accused - No person shall be held to answer for a criminal offense without due process of law. - In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of accusation against him, to have a speedy, impartial and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of the witnesses and the production of evidence in his behalf. - After arraignment, trial may proceed notwithstanding the absence of the
accused, provided that he has been duly notified and the failure to appear is unjustifiable. - Criminal due process: 1) accused has been heard in a court of competent jurisdiction 2) accused is proceeded against under the orderly processes of law 3) accused has been given notice and the opportunity to be heard 4) judgment rendered was within the authority of a constitutional law - Unreasonable delay in resolving complaint is violation of the right to due process and to speedy trial à dismissal of complaint. Exception: petitioner’s own acts or complexity of the issues involved. - Hearing before an impartial and disinterested tribunal. Bias must be shown by clear and convincing evidence.
- Right to a hearing - Plea of guilt to a capital offense. Mandatory that: 1) TC must conduct a searching inquiry into the voluntariness of the plea and the full comprehension of the consequences; 2) Prosecution should present evidence to prove the guilt of the accused and
the precise degree of his culpability; and 3) Accused must be asked if he desires to present evidence in his behalf and should be allowed to do so if he desires. - The State and the offended party are entitled to due process - Presumption of Innocence: every circumstance favoring the innocence of the accused must be taken into account.
Will NOT applyfact if there is some logical proved and the ultimate presumed, and the connection inference ofbetween one fact the fromfact proof of another shall not be so unreasonable as to be purely arbitrarily mandate. Can be invoked only by an individual accused of a criminal offense. Corporate entity has no personality to invoke the same. - Presumption that official duty was regularly performed cannot, by itself, prevail over the constitutional presumption of innocence. Exception: when it is not the sole basis for conviction. - Constitutional presumption may be overcome by contrary presumptions based on experience of human conduct. (e.g. unexplained wealth) - Circumstantial evidence in order to warrant conviction: 1) More than one circumstance
2) Facts from which the inference are derived are proven 3) Combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. - Equipose Rule: applicable only when the evidence adduced by the parties are evenly balanced, in which case the constitutional presumption of innocence should tilt the scales in favor of the accused. - Right to be heard by himself and counsel: efficient and truly decisive legal assistance. Proceeds from fundamental principle of due process. Right to counsel during the trial is not subject to waiver because even the most intelligent or educated man may have no skill in the science of law, particularly in the rules of procedure, and without counsel. He m ay be convicted not because he is guilty but because he does not know how to establish his innocence. Failure of the record to disclose affirmatively that the TC advised the accused of his right to counsel is not sufficient ground to reverse conviction. The TC must be presumed to have complied with the procedure prescribed by law for the hearing and trial of the cases, and such presumption can be overcome only by an affirmative showing to the contrary. - Right to counsel is not indispensable to due process of law. Exceptions: cannot be waived during trial. But this is not absolute. Option cannot be used to sanction reprehensible dilatory tactics, to trifle with ROC, or prejudice the equally important rights of
the State and the offended party to speedy and adequate justice. - “Preference in the choice of counsel” pertains more aptly and specifically to a person under custodial investigation rather than one who is accused in a criminal prosecution. Such preferential discretion cannot partake of discretion so absolute and arbitrary as would make the choice of counsel refer
exclusively to the prediction of the accused. - General Rule: a client is bound by the mistakes of his lawyer Exceptions: when the negligence or incompetence of counsel is deemed gross as to have prejudiced the constitutional right of the accused to be heard. - Right to be informed of the nature and cause of accusation against him.
Reasons: 1. furnish the accused with such a description of the charge against him as will enable him to prepare for his defense; 2. avail himself of his conviction or acquittal for protection against a further prosecution for the same cause; and 3. to inform the C ourt of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction. - When a judge is informed or discovers that an accused is apparently in a condition of insanity or imbecility, it is within his discretion to investigate the matter. - Requisites: The information must state: 1. name of the accused 2. designation of the offense given by statute 3. statement of acts or om issions so complained of as constituting the offense 4. name of the offended party 5. approximate time and date of the commission of the offense 6. place where the offense has been committed 7. facts and circumstances that have a bearing on the culpability and liability of the accused - Every element of the offense must be alleged in the complaint or information, because the accused is presumed to have no independent knowledge of the facts that constitute the offense charged. - Not necessary to state the precise time when the offense was committed except when time is a material ingredient of the offense. - Description not the designation of the offense controls. - Accused can be convicted only of the crime alleged or necessarily included in the allegations in the information. - While a TC can hold a joint trial of 2 or more criminal case and can render a consolidated decision, it cannot convict the accused of the complex crime constitutive of the various crimes of the 2 informations. - Void for Vagueness Rule: the law is deemed void where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine what acts or omissions are punishable. - The right to be informed of the nature and cause of the accusation against may not be waived but the defense may waive the right to enter a plea and let the court enter a plea of not guilty. - Indictment must fully state the elements of the specific offenses alleged to have been committed. An accused cannot be convicted of an offense, even if duly proven, unless it is alleged or necessarily included in the complaint or information.
Different matter if the accused themselves refused to be informed of the nature and cause of the accusation against them. - Accused may be convicted of as many offenses charged in the information and proved during the trial, where he fails to object to such duplicitous information during the arraignment. - Information which lacks certain material allegations may sustain a conviction
if the accused fails toevidence object topresented its sufficiency during trial and deficiency is cured by competent therein. - Right to Speedy, Impartial and Public Trial Speedy Trial • Free from vexatious, capricious and oppressive delays. • Accused entitled to dismissal, equivalent to acquittal, if trial is unreasonably delayed. • Relative – subject to reasonable delays and postponements arising from illness, medical attention, body operations, etc. • Aggrieved party also has the same rights as the accused. • Separate trial is in consonant with the right of the accused to a speedy trial. • RA 8493 (Speedy Trial Act):
o Arraignment of the accused – w/in 30 days from the filing of the information or from the date the accused has appeared before the justice, judge or court in which the charge is pending, whichever date last occurs. o If plea of not guilty – has 15 days to prepare for trial. o Trial shall commence w/in 30 days from arraignment as fixed by the court. o No case shall the entire trial period exceed 180 days from the first day of trial, except as otherwise authorized by the Chief Justice of the SC. Impartial Trial • “cold neutrality of an impartial judge” – for the benefit of the litigants and is also designed to preserve the integrity of the judiciary and to gain and maintain the people’s faith in the institution s they have erected when they adopted the Constitution. • Pervasive publicity is not per se prejudicial to the right of the accused to a fair trial. • Trial judges must be accorded a reasonable leeway in asking questions as may be essential to elicit relevant facts and to bring out the truth. This is not only a right but also duty of the judge. Public Trial • Intended to prevent abuses that may be committed against accused. • Not absolute. • Not synonymous to publicized trial. • Means that the court doors must be open to those who wish to come, sit in the available seats, conduct themselves with decorum and observe trial
processes. - Right to Meet the Witnesses Face to Face – right to cross-examine the complainant and the witnesses. Testimony of the witness who has not submitted himself to crossexamination is not admissible in evidence being hearsay.
This right can be waived. - Right to Compulsory Process to secure the attendance of witnesses and the production of evidence. Subpoeana – process directed to a person requiring him to attend and to testify at the hearing or trial of an action or at any investigation conducted under the laws of the Philippines or for the taking of his deposition.
2 kinds: 1. subpoena ad testificandum: compel a person to testify 2. subpoena duces tecum: compel the production of books, records, things or documents o test of relevancy: books, documents or other things requested must appear prima facie relevant to the issue subject of the controversy o test of definiteness: such books must be reasonably described by the parties to be readily identified - Requisites: 1. evidence is really material 2. accused is not guilty of neglect in previously obtaining the production of such evidence 3. the evidence will be available at the time desired 4. no similar evidence can be obtained. - Trial in absentia Purpose is to speed up the disposition of criminal cases. Mandatory upon the court whenever the accused has been arraigned, notified of the date/s of hearing/s and his absence is unjustified. After the accused has waived further appearance during trial, he can still be ordered arrested by the court for non-appearance upon summons to appear for purposes of identification. Presence of the accused is mandatory: 1. arraignment and plea
2. trial, forofpurposes ofexcept identification 3. during promulgation sentence, for light offense wherein accused may appear by counsel/representat ive Accused who escapes from confinement, jumps bail or flees to a foreign country, loses his standing in court and unless he surrenders or submits himself to the jurisdiction of the court, he is deemed to waive his right to seek relief from the court.
Habeas Corpus - The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it. - Definition: a writ issued by a court directed to a person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption/detention, to do, to submit to and to receive whatever the court/judge awarding the writ shall consider in his behalf. - When available: restores the liberty of an individual subjected to physical
restraint. It secures to the prisoner the right to have the cause of his detention examined and determined by the courts; and to have the issue ascertained as to whether he is held under lawful authority. - May also be availed of where, as a consequence of a judicial proceeding: 1. there has been deprivation of constitutional rights 2. the court has no jurisdiction to impose the sentence 3. excessive penalty has been imposed, since such sentence is void as to the excess. - The writ will not issue where the person alleged to be restrained on liberty is in the custody of an officer under a process issued by the court which has jurisdiction to do so. - Even if the detention is at its inception illegal, supervening events such as the issuance of a judicial process, may prevent the discharge of the detained person. - That the preliminary investigation was invalid and that the offense had already prescribed is not a ground to grant the issuance of habeas corpus. Remedy: motion to quash the WOA or file a motion to quash the information based on prescription.
- Desaparecidos (disappeared persons), persons in whose behalf the writ was issued could not be found à Remedy: refer the matter to the Commission on Human Rights In case of doubt, the burden of proof rests on the officers who detained them and who claim to have effected the release of the detainees. - All courts of competent jurisdiction may entertain petitions for H C to consider the release of petitioners convicted of violation of the Dangerous Drugs Act, provided they have served the maximum term of the applicable penalties newly prescribed by RA 7659. - HC lies only where the restraint of the person’s liberty has been judicially adjudged to be illegal or unlawful. - Loss of judicial records, after 12 years of detention in the service of the sentence imposed upon conviction, will not entitle him to be released on HC. à Remedy: reconstitution of judicial records. - Have to comply with the writ. Disobedience constitutes contempt of court.
- In case of invasion or rebellion, when the public safety requires it, the President may for a period not exceeding 60 days, suspend the privilege of the writ of HC. - W/in 48 hours from the suspension, the President shall submit a report, in person or in writing, to Congress. - Congress, voting jointly by a majority vote of at least a majority of all its members in regular or special session may revoke such proclamation or suspension, such revocation shall not be set aside by the President. - Upon initiative of the President, the C ongress may, in the same manner, extend such proclamation or suspension for a period to be determined by Congress, if the invasion or rebellion shall persists and public safety requires it. - SC may review, in appropriate proceeding filed by any citizen, the sufficiency
of the factual basis for the proclamation of martial law and the suspension of the privilege of the HC or the extension thereof. - SC must promulgate its decision w/in 30 days from filing. - The suspension of the privilege of the writ shall apply only to persons charged for rebellion or offenses inherent in or directly connected with invasion. -orDuring the shall suspension of thecharged privilegewithin of the writ, any personhe thus arrested detained be judicially 3 days, otherwise shall be released. - Suspension of the privilege does not suspend the right to bail. Speedy Disposition of Cases - All persons shall have the right to a speedy disposition of cases before all judicial, quasi-judicial or administrative bodies. - Not limited to the accused in a criminal proceedings, but extends to all cases, including civil and administrative cases and in all proceedings including judicial and quasi-judicial hearings. - Like right to speedy trial, this right is violated only when the proceedings are attended by vexatious, capricious and oppressive delays or when unjustified postponements of the trial are asked for and secured, or when without cause or justifiable motive a long period of time is allowed to elapse without the party having his case tried. - Unlike right to speedy trial, this right is available not only during trial but also when the case has already been submitted for decision. - Right extends to all citizens, including those in the m ilitary, and covers the period before, during and after trial. - Right can be waived à failure to seasonably assert this right. Self-incrimination - No person shall be compelled to be a witness against himself. - Right is available not only in criminal prosecutions but also in all other government proceedings, including civil actions and administrative or legislative investigations. - It may be claimed not only by the accused but also by any witness to whom a question calling for an incriminating answer is addressed. - General Rule: it m ay be invoked only when and as the question calling for an incriminating answer is asked. This applies only to ordinary witness. In criminal prosecution accused may not be compelled to take the witness stand. Similarly applicable to a respondent in an administrative proceeding. - Scope: not against all compulsion, but testimonial compulsion only. (not the inclusion of his body in evidence when it may be material) Prohibition extends to the compulsion for the production of documents, papers and chattels that may be used as evidence against the witness, except where the State has a right to inspect the same such as the books of
accounts of corporations, under the police or taxing power or where a government official is required to produce official documents/public records which are in their possession. Also protects the accused against any attempt to compel him to furnish a specimen of his handwriting in connection with a prosecution for falsification. - Immunity:
1) Immunity: witnesstestimony immune from any criminal prosecution for an Transactional offense to which his compelled relates. 2) Use and Fruit Immunity: prohibits the use of the witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. - Those granted this privilege paid a high price – the surrender of their right to remain silent. Should be given a liberal interpretation. - Waiver: either directly or by failure to invoke it, provided that the waiver is certain and unequivocal and intelligently made. Non-detention by Reason of Political Beliefs or Aspirations - No person shall be detained solely by reason of his political beliefs or aspirations. Involuntary Servitude - No involuntary servitude in any form exist except as a punishment for a crime whereof the party shall have been duly convicted. - Exceptions: 1) Punishment for a crime whereof one has been duly convicted; 2) Patria potestas 3) Posse comitatus 4) Return to work order in industries affected by public interest 5) Service in defense of the state 6) Naval (merchant marine) enlistment Prohibited Punishment - Excessive fines shall not be imposed. - Nor cruel, degrading or inhuman punishment inflicted. - Neither shall death penalty be imposed, unless for compelling reasons involving heinous crimes, the Congress hereafter provides for it. - Any death penalty already imposed shall be reduced to RP. - The employment of physical, psychological or degrading punishment against any prisoner or detainee, or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. - Mere severity does not constitute cruel or unusual punishment. - The penalty must be flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community. - Death penalty is not a cruel or unusual punishment. It is an exercise of the State’s power to secure society against the threatened and actual evil. Automatic review in death penalty cases shall proceed even in the absence of
the accused, considering that nothing less than life is at stake and any decision must be error-free as possible.
court
Non-imprisonment for Debt - No person shall be imprisoned for debt or non-payment of a poll tax. - While the debtor cannot be imprisoned for failure to pay his debt, he can be validly punished in a criminal action he contracted fraud, as his responsibility arises not from the ifcontract of loan,his butdebt fromthrough the commission of the crime. Double Jeopardy - No person shall be twice put in jeopardy of punishment for the same offense. - If an act is punished by law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. - Requisites: 1. valid complaint or information does not attach in preliminary investigation. 2. filed before a competent court
mistake has been made in charging the proper offense, the first charge shall be dismissed to pave the way for the filing of the proper offense. The dismissal of the first case will not give rise to double jeopardy inasmuch as the court does not have jurisdiction over the case, 3. to which defendant had pleaded no arraignment = no double jeopardy grant of motion to quash, filed before the accused makes his plea, can be appealed by the prosecution because the accused has not yet been placed in jeopardy. 4. defendant was previously acquitted or convicted, or the case dismissed or otherwise terminated without his express consent promulgation of only one part of the decision is not a bar to the promulgation of the other part, the imposition of the criminal accountability and does not constitute a violation of the proscription against double jeopardy. - Dismissal of action 1. permanent dismissal 1) termination of the case on the merits resulting in either conviction or acquittal 2) dismissal of the case because of the prosecution’s failure to prosecute 3) dismissal on the ground of unreasonable delay in violation of the right to speedy trial 2. provisional dismissal – dismissal without prejudice to reinstatement before order of dismissal becomes final or to subsequent filing of a new information
within the periods bygiven, law. either viva voce or in writing, a positive, - Express consentallowed – directly direct, unequivocal consent requiring no inference or implication to supply its meaning. - When dismissal is made at the instance of the accused, there is no double
jeopardy. - When the ground for motion to dismiss is insufficiency of evidence (grant of demurrer) à equivalent to an acquittal and any further prosecution would violate the constitutional proscription against double jeopardy. - When the proceedings have been unreasonably prolonged as to violate the right of the accused to speedy trial à double jeopardy -criminal Revivalcases of theprovisionally case provisionally dismissed – time-bar the revival dismissed with the express for consent of theof accused and with prior notice to the offended party: 1) 2 years if the offense charged is penalized by more than 6 years imprisonment 2) 1 years if the penalty imposed does not exceed 6 years imprisonment or a fine in whatever amount - Prohibits the state from appealing or filing a petition for review if judgment of acquittal that was based on the merits of the case. Certiorari will lie to correct errors of judgment. - Double jeopardy provides three related protections: 1) Against 2nd prosecution for the same offense after acquittal; 2) Against a 2nd prosecution for the same offense after conviction; and 3) Against multiple punishments for the same offense. - Instances when prosecution may appeal 1) Prosecution is denied due process, such denial results in loss or lack of jurisdiction and this appeal may be allowed 2) Accused has waived or is estopped from invoking his right against double jeopardy - No double jeopardy 1) Mistrial 2) State is deprived of fair opportunity to prosecute and prove its case 3) Dismissal of information/complaint is purely capricious 4) Lack of proper notice to be heard 5) Accused waives or is estopped from invoking his right against double jeopardy. 6) Dismissal/acquittal is made with grave abuse of discretion - Discharge of co-accused to be utilized as government witness – - Accused cannot be prosecuted anew for an identical offense, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the srcinal complaint or information. - Doctrine of Supervening Event – the accused may still be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been charged or convicted. The conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the srcinal complaint or information when: b. Graver offense developed due to supervening facts arising from the same act or omission; c. Facts constituting the graver offense or were discovered only after the filing
of the former complaint or information; or d. The plea of guilty to a lesser offense was made without the consent of the fiscal or the offended party. Ex post facto law and Bill of attainder - No ex post facto law or bill of attainder shall be enacted. - Ex post facto law Kinds
a. Law that makes criminal an action done before the passage of the law and which was innocent when done, and punishes such action; b. Law that aggravates a crime, or makes it greater than it was when committed; c. Law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed; d. Law that alters legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender; e. Law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right for something which when done was lawful; f. Law which deprives a person accused of a crime of some lawful protection to which they have been entitled Characteristics a. Retroactive b. Works to the prejudice of the accused c. Refers to criminal matters - Bill of attainder Definition: legislative act that inflicts punishment without trial. Substitutes legislative fiat for a judicial determination of guilt. It is only when the statute applies either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial that it becomes a bill of attainder. Anti-Subversion Act is not a bill of attainder. à simply declares that the Communist Party is an organized conspiracy to overthrow the Government and for definitional purposes only.
VII. CITIZENSHIP - Definition: membership in a political community which is personal and more or less permanent in character. - Nationality is membership in any class or form of political community. It does not necessarily include the right/privilege of exercising civil or political rights. - Modes of acquiring: 1) Marriage 2) Birth - Jus soli - Jus sanguinis
3) Naturalization - Natural-born citizens – citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. - Marriage by Filipino to an alien – citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it. -dealt Dualwith allegiance by law. of citizens is inimical to the national interest and shall be - Dual citizenship as a disqualification under the LGC must refer to dual allegiance. - For candidates with dual citizenship, it is sufficient that they elect Philippine citizenship upon the filing of their certificate of candidacy to terminate their status as persons with dual citizenship. Filing of certificate of candidacy is sufficient to renounce foreign citizenship. - Attack on one’s citizenship may be made only through a direct and not collateral attack. - Doctrine of res judicata does not ordinarily apply to questions of citizenship. Exception:
1) Person’s citizenship is resolved by a court or an administrative body as a material issue in the controversy, after full-blown hearing 2) Active participation of the SolGen or his representative 3) Finding of citizenship is affirmed by the SC - Citizens of the Philippines 1) Citizens of the Philippines at the time of the adoption of the 1987 Constitution 2) Whose fathers or m others are citizens of the Philippines 3) Born before January 17, 1973, of Filipino mothers, who elect Philippines citizenship upon reaching the age of majority Election stated in a statement to be signed and sworn to by the party concerned before any official authorized to administer oath. Filed with the nearest Civil Registry Accompanied with the Oath of Allegiance to the Constitution and the Government Within 3 years from reaching the age of majority except when there is justifiable reason for delay. Doctrine of Implied Election – exercise of right of suffrage and participation in the election exercises Right is available to the child as long as the mother was a Filipino citizen at the time of the m arriage to the alien, even if by reason of such marriage, she lost her Philippine citizenship and even if the mother was not a citizen at time of birth.
Right to elect Philippine citizenship is an inchoate right During his minority, child is an alien. Apply only to legitimate children. If the child is illegitimate, he follows the status and citizenship of his known parent, the mother.
4) Naturalization - Modes of Naturalization Direct 2) Judicial or administrative proceedings 3) Special act of legislature
4) nationality, resultingoffrom or subjugation 5) Collective Adoption ofchange orphanofminors as nationals the cession State where they were born Derivative 1) Alien woman upon marriage to a national 2) Minor children of naturalized person 3) Wife of naturalized husband - Doctrine of Indelible Allegiance: individual may be compelled to retain his srcinal nationality even if he has already renounced or forfeited it under the laws of the second State whose nationality he has acquired. - Qualifications: 1) Not less than 21 at the date of the hearing; 2) Resided in the Philippines for a continuous period of 10 years
Reduced to 5 years IF 1) Born in the Philippines 2) Honorably held office in Government 3) Introduced a useful invention or established a new industry 4) Engaged as a teacher in the Philippines, public or private school (except those established for the exclusive instruction of persons of a particular nationality) or in any branches of education or industry for a period of not less than 2 years 3) Good moral character; believes in the underlying principles of the Constitution; conducted himself in a proper and irreproachable manner during his residency 4) Own real estate in the Philippines not less than P5,000, have some lucrative trade, profession or lawful occupation 5) Speak and write English/Spanish/any principal Philippine languages 6) Enrolled his minor children of school age to public/private schools recognized by the Government, where Philippine history, government and civic are taught - Disqualifications: 1) Opposed to organized government or affiliated with any association of groups/persons who uphold and teach doctrines opposing all organized governments 2) Defending or teaching the propriety of violence, personal assault, assassination for the success or predominance of ideals 3) Polygamists or believers 4) Convicted of a crime involving moral turpitude 5) Suffering from mental alienation or incurable contagious disease 6) Who, during the period of their residence, have not mingled socially with Filipinos or who have not evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos 7) Citizens and subjects of nations with whom the Philippines is at war, during the period of such war 8) Citizens and subjects of foreign country whose law does not grant Filipinos the right to become naturalized citizens - Procedure 1) File declaration of intention with SolGen – one year prior to the filing of the petition Exception: 1) Born in the Philippines and received primary and secondary education in public or private schools recognized by the Government and not limited to particular race 2) Resided in the Philippines for 30 years or more before the petition and enrolled his children to elementary and high schools recognized by the Government and not limited to particular race 3) Widow and minor children if an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized. 2) File petition + affidavit of 2 credible persons, citizens of the Philippines who
personally know the petitioner, as character witness 3) Publication of petition Jurisdictional Published in OG or in a newspaper of general circulation once a week for three consecutive weeks 4) Actual residence during the entire proceedings 5) Hearing 6) Promulgation of the decision 7) Hearing after 2 years (Probation period of 2 years) Not left the Philippines Dedicated himself continuously to a lawful calling/profession Not been convicted of any offense or violation of rules Not committed any act prejudicial to the interest of the nation or contrary to any Government-announced policies 8) Oath taking and issuance of certification
- Effects 1) Vests citizenship on wife if she herself m ay be naturalized 2) Minor children born in the Philippines before naturalization shall also be considered citizens 3) Minor children born outside the Philippines but residing in the Philippines at the time of naturalization shall also be considered citizens 4) Minor children born outside the Philippines shall be citizens only during minority, unless he begins to reside permanently in the Philippines 5) Child born outside the Philippines, after the naturalization of the parents shall be considered citizens, Provided he registers as such before any Philippine consulate within one year after attaining majority age and takes his oath of allegiance
- Grounds for Denaturalization 1) Naturalization certificate obtained fraudulently or illegally 2) Invalid declaration of intention 3) Minor children failed to graduate through the fault of parents 4) Allowed himself to be used as dummy 5) If establishes within 5 years he returns to his native country or some foreign country and residence there - 1-year stay in native country or 2-year stay in a foreign country is prima facie evidence of intent to take up residence - Effects of Denaturalization: if the ground affects the intrinsic validity of the proceedings, the denaturalization will divest wife and children; if ground is personal to the denaturalized Filipino, his wife and children shall retain Philippine citizenship. - Naturalization by direct legislative action – discretionary on Congress; usually for aliens who made outstanding contributions to the country - Administrative Naturalization – grant Philippine citizenship by administrative proceedings to aliens born and residing in the Philippines
Special Committee on Naturalization - SolGen (Chairman), Sec of FA and National Security Adviser à power to approve, reject or deny applications Qualifications 1) Born in the Philippines and residing therein since birth 2) Not less than 18 at the time of filing 3) Good moral character; believes in the underlying principles of the Constitution; conducted himself in a proper and irreproachable manner during his residency 4) Received primary and secondary education in any public/private school recognized by DECS, where Philippine history, government and civics is taught and not limited to any race/nationality; Provided that where he has minor children, must be enrolled in similar schools 5) Known trade, business, profession or lawful occupation from which he derives income sufficient to support himself and family N/A to college degree holders who are disqualified from practicing their profession due to citizenship requirements 6) Able to read, write and speak Filipino or any of the dialects 7) Mingled with Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people - Procedure 1) File with Special Committee a petition 2) Publication of pertinent portions of the petition once a week for 3 consecutive weeks in newspaper of general circulation 3) Posting of copies in public or conspicuous areas 4) Furnish copies to following agencies who shall post copies of the petition in any public or conspicuous areas in their building officers and premises and within 30 days submit to Comm ittee a report stating whether or not petitioner has any derogatory record on file
DFA Bureau of Immigration and Deportation Civil registrar of petitioner’s place of residence NBI 5) Within 60 days from receipt of agencies’ report, Committee shall consider and review all information.
6) If Committee receives any adverse information, Comm ittee shall allow petitioner to answer, explain or refute the petition 7) Deny or Approve petition 8) Within 30 days from approval, petitioner pays P100,000, take oath of allegiance and certificate of naturalization shall issue. 9) Within 5 days from taking oath, BoI shall forward copy of oath to the proper local civil registrar and cancel petitioner’s alien certificate of registration. - Status of Alien Wife and Minor Children May filed a petition for cancellation of their alien certificate of registration. If applicant is a married woman, husband may not benefit. But m inor children may avail of the right to seek the cancellation of alien certificate of registration. - Cancellation of the Certificate of Naturalization 1) Naturalized person or representative made any false statement or misrepresentation or obtained citizenship fraudulently or illegally or committed any violation of the law, rules or regulations 2) w/in 5 years shall establish permanent residence in a foreign country o 1-year stay in native country or 2-year stay in a foreign country is prima facie evidence of intent to take up residence 3) Allowed himself, wife or children with acquired citizenship to be used as dummy 4) He, his wife or children commits any act inimical to national interest
Loss and Reacquisition of Philippine C itizenship - Loss of Citizenship 2) Naturalization in a foreign country - RA 9225 3) By express renunciation of citizenship 4) By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining 21 years of age - Principle of Indelible Allegiance – Filipino may not divest himself of Philippine citizenship in this manner while Philippines is at war with any country 5) By rendering service or accepting commission in the armed forced of a foreign country - Exceptions: 1) Philippines has a defensive and/or offensive pact of alliance with the said foreign country 2) Foreign country maintains armed forces in the Philippine territory with consent of the Republic
6) By cancellation of the certificate of naturalization 7) By having been declared by competent authority a deserter of the Philippine armed forces in time of w ar - Reacquisition of Citizenship 1) Taking the oath of allegiance required of former natural-born Philippine citizens who may have lost their citizenship by reason of their acquisition of the citizenship of provided a foreign that country 2) Naturalization he possesses none of the disqualifications 3) Repatriation or deserters of the Army, Navy or Air Corps; a woman who has lost her citizenship by reason of marriage may be repatriated after termination of marital status - Repatriation takes effect as of the date of filing of his application. - Effect of repatriation is to allow the person to recover or return to his srcinal status before he lost his Philippine citizenship. 4) Direct act of Congress VIII. THE LEGISLATIVE DEPARTMENT - Legislative power – the power to propose, enact, amend and repeal laws - Vested in Congress except to the extent reserved to the people by the provision in initiative and referendum People can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition thereof signed by at least 10 per centum of the total number of registered voters, of which every legislative district must be represented by at least 3 per centum of the registered voters. Initiative – power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for that purpose. 1) Initiative on the Constitution 2) Initiative on Statutes 3) Initiative on local legislation Indirect Initiative – exercise of initiative by the people through a proposition sent to Congress or local legislative body for action Referendum – power of the electorate to approve or reject legislation through an election called for that purpose. 1) Referendum on Statutes 2) Referendum on local legislation - Prohibited measures 1) Petition embracing more than one subject 2) Involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannot be subject to referendum, until 90 days after effectivity
- Local Initiative, Not less than 2,000 registered voters in case of autonomous regions ? 1,000 in provinces and cities ? 100 in municipalities ? 50 in baranagays
File a petition with Regional Assembly or local legislative body - Limitation on Local Initiative 1) Exercised not more than once a year 2) Extend only to subjects or matters which are within the legal powers of the local legislative body to enact 3) If at any time before the initiative is held, the local legislative body shall
adopt in toto the proposition presented, the initiative shall be cancelled - Composition of Congress: Senate and House of Representative - Senate: 24 senators, elected at large by qualified voters Qualifications 2) Natural-born 3) On the day of the election, at least 35 years of age 4) Able to read and write 5) Registered voter 6) Resident of the Philippines for not less than 2 years immediately preceding the day of the election Term: 6 years, commencing at noon on 30th day of June next following their
election Limitation: no senator shall serve for more than 2 consecutive terms. Voluntary renunciation of 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 elected. - House of Representatives: not more than 250, unless otherwise provided by law Composition 2) District representative 3) Party-list representative 4) Sectoral representative Apportionment of legislative district is a justiciable question o (Provinces and cities and Metro Manila area) Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio. o Each city with not less than 250,00 inhabitants à entitled to at least 1 rep o Each province, irrespective of number of inhabitants à entitled to at least 1 rep Each legislative district shall comprise, as far as practicable, compact, contiguous and adjacent territory. Congress to make reapportionment of legislative districts within 3 years following return of every census. Constitution does not preclude Congress from increasing its membership by
passing a law other than a general apportionment law. Reapportionment of legislative districts may be made through a Qualifications: 1) Natural-born Filipino citizen 2) At the day of the election, at least 25 years old
special law.
3) Able to read and write 4) Except the party-list representative, a registered voter in the district in which he shall be elected 5) Resident thereof for not less than 1 year immediately preceding the day of the election Principles
1) follows domicile parents 2) Minor Domicile of srcin is lostofonly when there is a. actual removal or change of domicile b. bona fide intention of abandoning the former residence and establishing a new one c. acts which corresponds with the purpose 3) Wife does not automatically gain husband’s domicile THEORY OF LEGAL IMPOSIBILITY J. Francisco (Aquino v. Comelec) Immigration to the US by virtue of a “green card” constitutes abandonment of domicile in the Philippines. (Caasi vs. COMELEC) Term: 3 years, commencing at noon on the 30th day of June next following their election,
Limitation: shall not serve for more than 3 consecutive terms. - Party-List System: mechanism for proportional representation Party: political party, sectoral party or coalition of parties Political Party: organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate m eans of securing their adoption, regularly nominates and supports certain of its leaders and members as candoidates for public office. National Party: constituency is spread over the geographical territory of at least a majority of the regions. Regional Party: constituency is spread over the geographical territory of at
least a majority of the cities and provinces comprising the region. Sectoral Party: (LUFEP-WHIP-VY) organized group of citizens belonging to any of the following: labor, urban poor, fisherfolk, elderly, peasants, women, handicapped, indigenous cultural communities, overseas workers and professionals, veterans and youth. Sectoral Organization: group of citizens or a coalition of groups of citizens who share similar physical attributes, characteristics, employment, interest or concern. Coalition: aggrupation of duly registered national, regional, sectoral parties or organization for political and/or election purposes. - Registration/Manifestation to Participate in the Party-List System 90 days prior to election, petition verified by its President or Secretary If already registered, file instead a manifestation of its desire to participate in the party-list system - Refusal and/or Cancellation of Registration (motu proprio or upon verified complaint filed by any interested party; after due notice and hearing) 1) Religious sect/denomination
2) Advocate violence to attain goal 3) Foreign party/organization 4) Receives support from foreign party/org 5) Declares untruthful statement in its petition 6) Violates or fails to comply w ith election laws, rules and regulations 7) Failed to participate in the last 2 preceding elections or fails to obtain at least 2% of cast under the party-list system in the 2 preceding elections forthe thevotes constituency in which it has registered 8) Ceased to exist for at least 1 year - Nomination of a party-list representative: each registered party, organization or coalition must submit a list of names to the COMELEC not later than 45 days before the election. Not less than 5 Only persons who have given their consent m ay be included in the list Not include any candidate for elective position, or who lost the immediately preceding election No change allowed except: 1) Dies
2) Withdraws in writing 3) Becomes incapacitated Incumbent who are nominate are NOT considered resigned. - Qualifications of a Party-list nominee 1) Natural-born citizen 2) Able to read and write 3) Registered voter 4) Resident of the Philippines at least 1 year immediately preceding the day of the election 5) Bona fide member of the party/organization which he seeks to represent at least 90 days preceding the day of the election 6) At least 25 years old at the day of the election 7) Youth sector – at least 25 but not more than 30. If during his term reaches the age of 30, he shall be allowed to continue until expiration of term. - Manner of Voting – every voter entitled to two votes, 1 for member of the House and 1 for the party, organization or coalition. - Number – 20% of the total number of the members of the House including those under the party-list. In determining the allocation of seats for the second vote: 2) Parties, organizations and coalitions shall be ranked from the highest to the lowest cased on the number of votes they garnered during the election 3) Parties, organizations and coalitions receiving at least 2% of the total votes cast for the party-list system shall be entitled to 1-seat each, those garnering
more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes 4) Each party, organization or coalition shall be entitled to not more than 3 seats 4 inviolable parameters:
1) 20% allocation: combined number of all party-list congressmen shall not exceed 20% of the total membership of the House 2) 2% threshold: only those parties garnering a minimum of 2% of the total valid votes cast for the party-list system are qualified to have a seat 3) 3-seat limit: each qualified party, regardless of the number of votes it actually obtained, is entitled to a maximum of 3 seats 4) Proportional seats which a qualified party is entitled to shall representation: be computed “inadditional proportion to their number of votes.” In order that a political party registered under the party-list system may be entitled to a seat in the House: 2) Represent the marginalized and under-represented sector 3) Major political parties must comply with this statutory policy 4) Constitutional prohibition against religious sect 5) Not disqualified under RA7941 6) Not adjunct or project funded by government 7) Party and its nominees m ust comply with the requirements of the law 8) Nominee must also represent the marginalized and under-represented sector
9) Nominee must be able to contribute to the formulation and enactment of appropriate legislation - Choosing Party-List Representative: proclaimed by COMELEC based on a list of names submitted by respective parties, according to their ranking in the list. - Effect of Change of Affiliation Changes affiliation during term à forfeiture of seat IF w/in 6 m onths before election, he shall not be eligible for nomination under new party - Vacancy – automatically filled by the next rep from the list of nominees and shall serve for the unexpired term. If the list is exhausted, the party, organization or coalition shall submit additional nominees. - Term of Office: term of 3 years and shall be entitled to same salaries and emoluments as regular members of the House.
Election Regular: 2nd Monday of May Special: to fill a vacancy; serve for the unexpired term
Salaries Determined by law. No increase in said compensation shall take effect until after the expiration of the term of all the members of the Senate and House approving such
increase. Privileges 1) Freedom from Arrest Offenses punishable by not more than 6 years imprisonment, be privileged
from arrest while Congress is in session. 2) Privilege of Speech and of Debate Not be questioned nor be held liable in any other place for any speech/debate in the Congress or in any committee. Held to account for such speech or debate by the House to which he belongs
Disqualifications 1) Incompatible Office Not hold any other office or employment Forfeiture of the seat in Congress automatically upon assumption of incompatible office. N/A if he holds the government office in an ex officio capacity 2) Forbidden Office 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. Last only for the duration of the term for which the member of Congress was elected.
Other Inhibitions not personally appear as counsel before any court, ET, quasi-judicial or other administrative bodies not be directly or indirectly interested financially in any contract with, or any franchise or special privilege granted by the Government 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.
Session
Regular: convene once a year on the 4th Monday of July unless a different date is fixed by law; and shall continue for such number of days as it may determine until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. Special: call by president usually to consider legislative measure which the President may designate in his call Joint 1) Voting Separately a. Choosing the president b. Determine disability of the president c. Confirming nomination of VP d. Declaration of the existence of a state of war e. Proposing constitutional amendments 2) Voting Jointly a. Revoke/extend proclamation suspending the privilege of the writ of HC b. Or placing the Philippines under martial law Adjournment – neither House during the sessions of the Congress shall,
without the consent of the other adjourn for more than 3 days nor to any other place than that in which the 2 Houses shall be sitting. Officers Senate elects its President House elects its Speaker
Each nay choose such other officers as it may deem necessary
Quorum Majority of each House But a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner and under such penalties as such House may determine Quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate.
Rules of Proceedings Each House determined the rules of its proceedings.
Discipline of Members House may punish its mem bers for disorderly behavior, and with concurrence of 2/3 of all its members, suspend (for not more than 60 days) or expel a member. Determination of acts which constitute disorderly behavior is within the full discretionary authority of the House concerned, and the Court will not review such determination, the same being a political question.
Records and Books of Accounts Preserve and open to public
Books shall be audited by COA which shall publish annually an itemized list of amounts paid to and expenses incurred by each member. Legislative Journal and Congressional Records Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; And the yeas and nays on any question shall, at the request of 1/5 of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings. Matters which under the Constitution are to be entered in the journal: a. Yeas and nays on 3rd and final reading of a bill b. Veto message of the President c. Yeas and nays on the repassing of a bill vetoed by the President d. Yeas and nays on any question at the request of 1/5 of m embers present. Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed
by both Houses, authenticated by the proper officers of each and approved by the President. Enrolled Bill prevails, except to matters which under the Constitution must be entered in the Journal.
Electoral Tribunals
Composition b. 3 SC Justices designated by CJ, the senior justice shall be the chairman c. 6 members of the house, chosen on the basis of proportional representation from the political parties registered Non-partisan court; independent of Congress Termination of Membership: a. Expiration of congressional term b. Death c. Resignation from political party d. Formal affiliation to another political party e. Removal for other valid causes Cannot disqualify senator-member just because election contest is filed against him. (Abbas vs. Senate ET) Doctrine of Primary Administrative Jurisdiction, prior recourse to the House is necessary before the case may be brought to the Court. Power: sole judge of all contests relating to the election, returns and qualifications of their respective members. HRET may assume jurisdiction only when after the winning candidate shall have been duly proclaimed, has taken oath of office, and has assumed functions of the office. Decisions may be reviewed by SC by showing grave abuse of discretion in a petition for certiorari filed under R65.
Commission on Appointment Composition b. Senate President, ex-officio chairman c. 12 senators d. 12 house * b and c elected by each House on the basis of proportional representation from the political parties registered. Powers – act on all appointments submitted to it within 30 session days of Congress from their submission. Shall rule by majority vote of its members Meet only while Congress is in session At the call of its Chairman or majority of all its members Independent of the 2 Houses and has the power to promulgate its own rules of proceedings.
Powers of Congress
1. General (plenary) legislative power - Limitations: 2. Substantive - Express a. Bill of rights b. Appropriations c. d. Taxation Constitutional appellate jurisdiction of SC e. No law granting a title of royalty or nobility shall be passed - Implied a. Non-delegation of powers b. Prohibition against the passage if irrepealable laws 3. Procedural a. Only one subject to be expressed in the title - Title is not required to be an index of the contents of the bill - Sufficient compliance if the title expresses the general subject and all the provisions of the statute are germane to thee subject - Sufficient if the title is comprehensive enough, as in this case, to include subjects related to the general purpose which the statute seeks to achieve. - Rider is a provision not germane to the subject matter of the bill. b. Three readings on separate days - Printed copies of bill in its final form distributed to Members 3 days before its passage - EXCEPT when the President certifies to its immediate enactment to meet a public calamity or emergency - Upon last reading, no amendment allowed, and vote thereon taken immediately and the yeas and nays entered in the journal - Presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days. 4. Legislative Process - Requirements as to bill Only 1 subject to be expressed in the title Appropriation, revenue bills, tariff bills, bills of local application, bills authorizing increase of public debts and private bills shall srcinate exclusively in the House of Representative. It is not the law, but the bill, which is required to srcinate exclusively in the House, because the bill may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. The Constitution does not prohibit the filing in the Senate of a “substitute bill” in anticipation of its receipt of the bill from the House, so long as the action by the Senate as a body is withheld pending receipt of the House bill.
- Procedure: passed readings to onits separate days, and printed in its final form have been 3 distributed M embers 3 days before itscopies passage EXCEPT when President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Courts are denied the power to inquire into allegations that, in enacting a
law, a House of Congress failed to comply with its own rules, in the absence of any showing that there was a violation of constitutional requirements or the rights of private individuals. It is within the Bicameral Conference Committee to include in its report an entirely new provision that is not found either in the House or Senate bill. If the Committee can propose an amendment consisting of 1 or 2
provisions, there is no reason why it cannot propose several provisions, collectively considered as “an amendment in the nature of a substitute” so long as the amendment is germane to the subject of the bills before the Committee.” Jurisdiction of the Conference Committee is not limited to resolving differences between the Senate and the House versions of the bill. It may propose an entirely new provision. - Approval of Bills The bill becomes a law in the following cases: b. President approves the same and signs it. c. Congress overrides the Presidential veto – if the President disapproves the bill, he shall return the same, with his objections contained in his Veto
message to the House of srcin (which shall enter the objections at large in its Journal). The veto is overridden upon a vote of 2/3 of all members of the House of srcin and the other House. Yeas and Nays entered in the Journal of each House. o No pocket veto. o Partial veto, as a rule, is invalid. It is allowed only for particular items in an appropriation, revenue or tariff bill. The President cannot veto part of an item in an appropriation bill while approving the remaining portion of the item. o Legislative Veto – a congressional veto is a means whereby the legislature can block or modify administrative action taken under a statute. It is a form of legislative control in the implementation of particular executive action. It may be negative (subjecting the executive action to disapproval by Congress) or affirmative (requiring approval of the executive action by Congress) d. When the President fails to act upon the bill for 30 days from receipt thereof, the bill shall become a law as if he had signed it. 2. Power of Appropriation Spending power called the “power of the purse” belongs to Congress subject only to the veto power of the President. It is the President who proposes the budget, the final say on the matter of appropriation is lodged in Congress. The power of appropriation carries with it the power to specify the project/activity to be funded under the appropriation law. Need for appropriation – “NO money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.” Indispensable requisites or condition sine qua non for the execution of government contracts: a. Existence of appropriation b. Availability of funds
Appropriation law – a statute the primary and specific purpose of which is to authorize the release of public funds from the Treasury. Classification: 1) General Appropriations Law – passed annually, for the financial operations of the government. 2) Special Appropriations Law – for specific purpose
Implied Limitation on Appropriation Measures 1) Appropriation must be devoted to public purpose 2) Sum authorized to be released must be determinate or at least determinable • Decree do not specify the specific amounts to be paid, the amounts are nevertheless made certain by the legislative parameters provided in the decrees. • The mandate being only to pay the principal, interest, taxes and other normal banking charges. Constitutional Limitation on Special Appropriation Measure 1) Specify the public purpose for which the sum is intended 2) Must be supported by funds actually available as certified to by the National
Treasurer or to be raised by a corresponding revenue proposal included therein. Constitutional Rules on General Appropriations Law i. Congress may not increase the appropriations recommended by the President for the operation of the Government. ii. The form, content and m anner of preparation of the budget shall be prescribed by law. iii. No provision or enactment shall be embraced unless it relates specifically to some particular appropriation. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. This is intended to prevent riders or irrelevant provisions included in the bill to ensure its approval. iv. Procedure for approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. (to prevent sub rosa appropriation by Congress) v. Prohibition against transfer of appropriations • Exception: 1) President 2) Senate President 3) Speaker 4) Chief Justice 5) Heads of Constitutional Commission • By law, be authorized to augment any item in the general appropriation law
for their respective offices from savings in other items of their respective appropriations. vi. Prohibition against appropriation for sectarian benefit • Exception: priest, preacher, minister or dignitary is assigned to the armed forces or to any penal institution or government orphanage or leposarium.
vii. Automatic reappropriation • If Congress failed to pass the general appropriations bill for the ensuing year, the general appropriations bill for the preceding fiscal year shall be deemed re-enacted until said bill is passed. Impoundment –the refusal by the President for whatever reason to spend funds made available by Congress. It is the failure to spend or obligate budget
authority of any type. Appropriation Reserves – the Administrative Code authorizes the Budget Secretary to establish reserves against appropriations to provide for contingencies and emergencies which may arise during the year. • This is “expenditure deferral” not suspension, since the agencies concerned can still draw on the reserves if the fiscal outlook improves. 3. Power of Taxation Limitations 2. uniform and equitable – evolve a progressive system of taxation 3. charitable institutions, etc. and all lands, buildings and improvements actually, directly and exclusively used for religious, charitable or educational purposes shall be exempt from taxation.
4. all revenues and assets of non-stock, non-profit educational institutions used directly, actually and exclusively for educational purposes shall be exempt from taxation. 5. Law granting tax exemptions shall be passed only with concurrence of majority of all members of Congress 4. Power of Legislative Investigation Conduct inquiries in aid of legislation. Rights of persons appearing in or affected by such inquiries shall be respected. Limitations 1. in aid of legislation 2. in accordance with duly published rules of procedure 3. Rights of persons appearing in, or affected by such inquiry shall be respected Power to punish for contempt: Senate being a continuing body may order imprisonment for an indefinite period, but principles of due process and equal protection will have to be considered. 5. Question Hour Heads of the departments may upon their own initiative with the consent of the President OR upon the request of wither House, as the rules of each House shall provide, appear before and be heard by the House on any matter pertaining to their departments. Written questions submitted to the Senate P or Speaker, 3 days before the
scheduled appeared. Interpellations shall not be limited to the written questions, may cover matters related thereto. When the security of the State or the public interest so requires, may be held in executive session.
6. War Powers Declaration of the existence of state of war – 2/3 of both Houses in joint session, voting separately 7. Power to act as Board of Canvassers in election of President 8. Power to call a Special Election for President and VP 9. Power to judge the President’s physical fitness to discharge the functions of
Presidency 10. Power to revoke or extend suspension of the privilege of the writ of HC or declaration of martial law 11. Power to concur in Presidential amnesties Concurrence of majority of all m embers of the Senate 12. Power to concur in treaties or international agreements 2/3 of all the members of the Senate 13. Power to confirm certain appointments by the President in the event of vacancy in the Office of VP, from among members of Congress confirmed by majority vote of all the Members of both Houses of Congress, voting separately. Nominations by President under Sec 16, Article 7 confirmed by Commission on Appointments 14. Power to impeachment 15. Power relative to natural resources 16. Power to propose amendments to the Constitution
IX. EXECUTIVE DEPARTMENT The President Qualifications 1. natural-born citizen 2. registered voter 3. able to read and write 4. on the day of the election, at least 40 years old 5. resident of the Philippines for at least 10 years immediately preceding such election Election - Regular Election: 2nd Monday of May - Congress as Board of Canvassers • Returns of every election for President and VP, duly certified by Board of Canvassers of each province or city shall be transmitted to Congress directed to Senate President. •open SP, upon shallinnot than 30 theand dayHouse of the election, all thereceipt, certificates thelater presence ofdays the after Senate in joint public session. • Congress upon determination of the authenticity and due execution, shall canvass the votes.
• Congress shall promulgate its own rules. • 2 or more candidates shall have an equal and highest number of votes, one of them shall be chosen by a majority vote of all members of Congress. - Congress has the authority to proclaim the winning candidates for the position of President and Vice President - Congress may delegate the initial determination of the authenticity and due execution certificate of canvass to aSenate Joint Congressional Committee, composedof ofthe members of the House and - The decisions and final report of the Committee shall be subject to the approval of the joint session of both Houses if Congress, voting separately. - Even if Congress has adjourned its regular session it may continue to perform this Constitutional duty of canvassing the presidential and vicepresidential election results without need of any call for a special session by the President. - The joint public session cannot adjourn sine die until it has accomplished its constitutionally mandated task. - No constitutional or statutory basis for COMELEC to undertake a separate and an “unofficial” tabulation of results à descends to the level of private organization while using public funds, violates exclusive prerogative of NAMFREL and taints integrity of envelopes containing ER and the ERs themselves. - SC as Presidential Electoral Tribunal • SC, en banc • Sole judge of all contests relating to the election, returns and qualifications of the President or VP • Promulgate its own rules Term of Office: 6 years - No re-election - No person who has succeeded as President and has served for more than 4 years shall be qualified for election to the same office at any time Privileges 1. Official Residence 2. Salary - Determined by law - Shall not be decreased during tenure - No increase shall take effect until after expiration of the term of the incumbent during which such increase was approved. 3. Immunity from Suit - President is immune from suit - May not be prevented from instituting a suit - Immune from civil liability - After tenure, cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which was not performed in the exercise of official duties. - Department Secretaries, though alter egos, cannot invoke President’s
immunity from suit. Prohibitions/Inhibitions 1. Not receive any other emoluments from the government or nay other source 2. Not hold any other office or employment, unless provided in this Constitution - VP may be appointed to the Cabinet without need of confirmation from Commission on Appointment - Secretary of Justice is ex-officio member of Judicial and Bar Council - Secretary of Labor à ex-officio member of BOD of PEZA - Secretary of TC à ex-officio Chairman of PPA and LRTA - Prohibition must not be construed as applying to poses occupied by Executive officials without additional compensation in an ex-officio capacity, as provided by law and as required by the primary functions of the said official’s office. These posts do not comprise “any other office” but is an imposition of additional duties and functions on said official. 3. Not directly or indirectly practice any other profession, participate in any business or be financially interested in any contract, franchise or special privilege 4. Strictly avoid conflict of interest in the conduct of their office 5. May not appoint Spouse or Relatives by consanguinity or affinity within the fourth civil degree as a. Members of Constitutional Commissions b. Office of the Ombudsman c. Secretaries d. Undersecretaries e. Chairman/heads of bureaus/offices/GOCCs/subsidiaries Rules on Succession - Vacancy at the BEGINNING of term DEATH or PERMANENT DISABILITY of President – elect VP-elect shall become President President-elect fails to qualify VP-elect shall act as President until President-elect shall have qualified President shall not have been chosen VP-elect shall act as President until President-elect shall have been chosen and qualified No President and VP: - Chosen - Qualified - Both died - Both become permanently disabled Senate President or in case of his disability, the Speaker of the House shall act as President until a President or VP shall been chosen and qualified. In case of inability of both, Congress shall, by law provide for the manner by
which one who is to act as President shall be selected until a President or VP shall have qualified. - Vacancy DURING the term • Death, permanent disability, removal from office or resignation of President à VP shall become President •1.Elements of Valid Resignation: intent to resign 2. act of relinquishment - Temporary Disability • President transmits to Senate President and Speaker His written declaration that he is unable to discharge the powers and duties of his office Until he transmits a w ritten declaration to the contrary Powers and duties shall be discharged by the VP as Acting President • Majority of the members of the Cabinet transmit to Senate President and Speaker
Written declaration that the President is unable to discharge the powers and duties of his office VP shall IMMEDIATELY assume the powers and duties of the office as Acting President IF President shall transmit written declaration that no such disability exists He shall reassume the powers and duties of his office IF majority of the members of the Cabinet transmit within 5 days to SP and Speaker their written declaration that the President is unable to discharge the powers and duties of his office, Congress shall decide the issue Congress shall convene within 48 hours, if not in session
w/in 10 days from receipt of last declaration OR if not in session w/in 12 days after it is required to assemble à Congress determines by 2/3 vote of both Houses, voting separately that President is unable à VP shall act as President; Otherwise, President shall continue exercising the powers and duties of his office.
Constitutional Duty of Congress in case of Vacancy in the Offices of President and VP - 10:00am, 3rd day after the vacancy occurs - Congress shall convene without need of call - w/in 7 days enact a law calling for a special election to elect a President and VP - election held not earlier than 45 days nor later than 60 days from time of such call - bill shall be deemed certified and shall become law upon approval on 3rd reading by Congress - convening cannot be suspended
- election cannot be postponed - IF vacancy occurs w/in 18 months before the date of the next presidential election à NO special election Removal of President: Impeachment
Vice-President Qualifications 1. natural-born citizen 2. registered voter 3. able to read and write 4. on the day of the election, at least 40 years old 5. resident of the Philippines for at least 10 years immediately preceding such election Term: No VP shall serve for more than 2 successive terms. Vacancy in VP - President shall nominate a VP from among members of Senate and House - Assume office upon confirmation by a majority vote of all Members of both Houses of Congress, voting separately Powers of the President 1) Executive Power 2) Power of Appointment 3) Power of Control 4) Military Powers 5) Pardoning Power 6) Borrowing Power 7) Diplomatic Power 8) Budgetary Power 9) Informing Power 10) Others a. Call Congress to special session b. Power to approve or veto bolls c. Consent to deputation of government personnel by COM ELEC d. Discipline such deputies e. Emergency powers, by delegation from Congress f. General supervision over LGs and autonomous regional governments Executive Power - Executive Power: power to enforce and administer the laws - Power of carrying out the laws into practical operation and enforcing their due observance - Authority to Reorganize the Office of the President “to achieve simplicity, economy and efficiency.”
- Power to reorganize the OP under Section 31 (1) of EO 292 (Administrative Code) à President can reorganize the OP proper by abolishing, consolidating or merging units or by transferring functions from one unit to another - Power to reorganize the OP under Section 31 (2) and b(3) of EO 292 (Administrative Code) à power of the President to reorganize offices outside of the OP proper is limited to merely transferring functions/agencies from OP to v.v. - ItDepartments/Agencies is not for the Presidentand to determine the validity of the law, it is the function of the judiciary. Unless and until such law is declared unconstitutional, President has the duty to execute it. Power of Appointment - Nominate and with consent of the Commission on Appointments, appoint: b. Heads of the executive departments c. Ambassadors d. Other public ministers and consuls e. Officers of the armed forces from the rank of colonel or naval captain f. Other officers whose appointments are vested in him in this Constitution - Appoint all other officers of the Government whose appointments are not otherwise provided by law - Appoint those whom he may be authorized by law to appoint. - Congress may by law, vest appointment of other officers lower in rank in the a. President alone, b. Courts c. Heads of departments/agencies/commissions/board s - Appointment: selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. Designation: imposition of additional duties, usually by law, to one who is already in public service Commission: written evidence of appointment - Classification of Appointments a. Permanent – extended to persons possessing the requisite eligibility and are protected by security of tenure b. Temporary – extended to persons without requisite eligibility, revocable at will, without necessity of just cause or valid investigation Not subject to confirmation by Comm ission on Appointment If confirmation erroneously given, will not make it a permanent appointment Designation is considered only an acting or temporary appointment c. Regular – made by President while Congress is in session Takes effect upon confirmation of Commission on Appointment Once approved, continues until end of term of the appointee
d. Ad interim – made by President while Congress is not in session Takes effect immediately but ceases to be valid if disapproved by the Commission on Appointments or upon next adjournment of Congress (bypassed through inaction)
Intended to prevent interruptions in vital government services Permanent and cannot be withdrawn by the President once the appointee has qualified If disapproved by the Commission on Appointments à can no longer be extended a new appointment; decision of the Commission is final and binding If by-passed à President is free to renew the ad interim appointment
- Officials who are appointed by the President Does NOT require confirmation by COA b. Commissioner of Customs c. Philippine Coast Guard d. Chairman of Commission of Human Rights e. NLRC Chairman and Commissioners - Congress cannot by law require confirmation of appointments of government officials other than those mentioned in the Constitution - Steps in the Appointing Power a. Nomination by President b. Confirmation by COA c. Issuance of the Commission - Appointment is deemed complete upon acceptance; pending such acceptance, the appointment may still be validly withdrawn - Discretion of Appointing Authority – includes the determination of the nature ad character of appointment - In case of vacancy in an office occupied by an alter ego of the President, e.g. Department Secretary, the President necessarily appoint the alter ego of his choice. Congress, cannot by law, compel the President to appoint automatically the undersecretary as his temporary alter ego. An alter ego, temporary or permanent, holds a position of great trust and confidence. - Special Limitations on the President’s Appointing Power 1. may not appoint his spouse or relatives by consanguinity or affinity, within the 4th civil degree as b. members of Constitutional Commission c. Ombudsman d. Secretaries e. Undersecretaries f. Chairmen/heads of bureaus/offices/GOCCs 2. appointments made by acting president shall remain effective unless revoked by elected President w/in 90 days from assumption of office 3. 2 months immediately before the next presidential election and up to the end of his term, a President or acting President shall not make appointments EXCEPT temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety
No law that prohibits local executive officials 4. Congress à power to prescribe qualifications 5. Judiciary may annul an appointment made by President of the appointee is not qualified or has not been validly confirmed. - Power of Removal
Implied from power of appointment President cannot remove officials appointed by him where the Constitution prescribes certain methods for separation of such officers from service Chairman and commissioners of Constitutional Commissions à impeachment Judges à disciplining authority of SC
Where power of removal is lodged in President: a. Cause as may be provided by law b. Prescribed administrative procedure Members of career service of the Civil Service who are appointed by the President may be directly disciplined by him Members of Cabinet and Officers whose continuity in office depends upon pleasure of President à replaced any time; separation is not by removal but EXPIRATION of term.
Power of Control - President shall have control of all Executive departments Bureaus Offices - Control: power of an officer to alter, modify, set aside, or nullify what a subordinate had done in the performance of his duties and to substitute the judgment of the former for that of the latter. Supervision: overseeing; the power of an officer to see that subordinate officers perform their duties, and if the latter fails or neglects to fulfill them, then the former may take such action or steps as prescribed by law to make them perform these duties. - Alter Ego Principle/Doctrine of Qualified Political Agency
All executives and administrative organizations are adjuncts of the Executive department The heads of the various executive departments are assistants and agents of the Chief Executive And, except in cases where the Chief Executive is required by the Constitution or law to act personally OR the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed by and through the executive departments, And the acts of Secretaries, performed and promulgated in the regular course of business are, unless disapproved or reprobated are presumptively the acts of the Chief Executive. - President may exercise powers conferred by law upon Cabinet members or subordinate executive officers. - Power of the president to reorganize the National Government may validly be delegated to his Cabinet members exercising control over a particular executive department.
- Appeal to the President from decisions of executive officers, including Cabinet members, complete the exhaustion of administrative remedies. Exception: Doctrine of Qualified Political Agency applies, in which case the decision of Cabinet Secretary carries the presumptive approval of the President, thus there is no need to appeal to the President. - Power of control m ay be exercised over the acts, NOT over the actors
- Power of control of Secretary of Justice over prosecutors Decisions/Resolutions of prosecutors are subject to appeal to the Secretary of Justice who exercises power of direct control and supervision over prosecutors. Where Secretary exercises power of review only after an information is filed, TC should defer or suspend arraignment and other proceedings until appeal is resolved. HOWEVER, the TC is not ipso facto bound by the resolution of the Secretary, because jurisdiction, once acquired is not lost despite the resolution of the Secretary to withdraw the information or to dismiss the case. - Power of general supervision over local governments. - President can only interfere in the affairs and activities of a local government
unit of he finds that the latter had acted contrary to law. Otherwise, violative of local autonomy. - Local fiscal autonomy: automatic release of LGU shares in the national internal revenue. Military Powers - Commander-in-Chief of all armed forces of the Philippines - If necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. - In case of invasion or rebellion, when public safety requires it, he may, for a period not exceeding 60 days, suspend the privilege of the writ of HC or place the Philippines or any part thereof under martial law. - Commander-in-Chief Clause Conduct of saturation drives or areal target zoning Exercises discretionary power Only criterion, “whenever it becomes necessary” Discretionary authority to declare state of rebellion Court may only look into the sufficiency of the factual basis for the exercise of the power. Mere declaration of a state of rebellion cannot diminish or violate constitutionally protected rights Power to organize courts martial for the disciple of members of the arm ed forces
Power to create military comm issions for the punishment of war criminals Military tribunals cannot try civilians when civil courts are open and functioning Members of the PNP are not within the jurisdiction of the military court RA 7055, lawmakers intended to return to civilian courts jurisdiction over
offenses that have traditionally within their jurisdiction but did not divest the military courts jurisdiction over cases mandated by the Article of War a. Disrespect towards the President b. Disrespect towards Superior Officer c. Sedition/Mutiny d. Conduct Unbecoming an Officer and a Gentleman e. General Articles the Articles ofwWar - Suspension of theof privilege of the rit of HC Grounds: invasion or rebellion, when public safety requires it Duration: not to exceed 60 days, unless extended by Congress Duty of President to Report action to Congress: w/in 48 hours, personally or in writing Congress may revoke or extend by a majority vote of all its members, voting jointly SC may review upon proceeding filed by any citizen, as to the sufficiency of factual basis. It must promulgate its decision w/in 30 days from its filing. Suspension does not impair the right to bail. Suspension applies to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion During suspension, any person thus arrested shall be judicially charged w/in 3 days, otherwise he shall be released. - Martial Law NOT Suspend operation of the Constitution NOT Supplant the functioning of civil courts or legislative assemblies NOT authorize conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function NOT automatically suspend the privilege of the writ
Pardoning Power - Except in cases of IMPEACHMENT or AS OTHERWISE PROVIDED IN THE CONSTITUTION - May grant, after conviction by final judgment a. Reprieves b. Commutations c. Pardons d. Remit fines and forfeitures - May grant Amnesty with concurrence of a majority of all members of the Congress - Pardon: act of grace which exempts the individual from punishment that the law inflicts upon the crime he has committed - Commutation: reduction or mitigation of penalty - Reprieve: postponement of sentence/ stay of execution - Parole: release from imprisonment but still in custody of law although not in confinement - Amnesty: act of grace, w ith concurrence of legislature, usually extended to group of persons who committed political offenses, puts into oblivion the
offense itself - Discretionary exercise by the President - Cannot be controlled by Legislature or reversed by courts unless there is a constitutional violation. - Limitations: 1) Cannot be granted in cases of impeachment 2) Cannot be granted in cases of violation of election offenses w/o favorable recommendation of COMELEC 3) Cannot be granted in cases of legislative contempt or civil contempt 4) Cannot absolve civil liability 5) Cannot restore public offices forfeited - Exceptions: on consideration of justice and equity, entitled to reinstatement (Sabello vs. DECS) 6) Only after conviction by final judgment - Classification of Pardon: 1) Plenary or partial 2) Absolute or conditional • Conditional pardon is in the nature of a contract between the Chief Executive and the convicted criminal. • By the pardonee’s consent to the terms stipulated in the contract, the pardonee has placed himself under the supervision of the Chief Executive or his delegate who is duty bound to see to it that the pardonee complied with the conditions of the pardon • President is authorized to order the arrest or re-incarceration of such a person, if he fails to comply with the conditions of his pardon. • Such exercise of Presidential judgment is beyond judicial scrutiny. - Amnesty • Stands before the law precisely as though he had committed no offense • Criminal liability is totally extinguished • To avail of the benefit, must admit the guilt of the offence covered by the proclamation AMNESTY PARDON Addressed to political offenses Infractions of peace of the state Classes of persons Individual No need for distinct acts of acceptance Acceptance needed Concurrence by Congress Nope Public act which courts may take judicial notice Private act which must be pleaded and proved Looks back and puts into oblivion the offense itself Looks forward and relieves pardonee of the consequences of the offenses
Borrowing Power - Contract or guarantee foreign loans on behalf of the Republic, with prior concurrence of Monetary Board and subject to such limitations as m ay be provided by law. - MB, shall w/in 30 days from end of every quarter, submit to the Congress a complete report of its decisions on applications for loans to be contracted or guaranteed by foreign the Government/GOCC which would haveas themay effect increasing the debt, and containing other matters beof provided by law. Diplomatic Power - No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of the Senate. - Treaties vs. International Agreements Treaties International Agreements Formal documents require ratification Become binding through executive action International agreements which involve political issues or changes of national policy International agreements involving adjustments of details carrying out well established national policies and traditions Involving arrangements of permanent character Involving arrangements of a more or less temporary nature - It is immaterial whether US treats the VFA as merely an executive agreement because, under international law, an executive agreement is just as binding as a trearty. Budgetary Power - Submit to Congress within 30 days from opening of its regular session - A budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures - As basis of the general appropriations act Informing Power - Address Congress at the opening of its regular session - May appear before it at any other time X. JUDICIAL DEPARTMENT Judicial Power - Duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. - Political questions à forbidden territory of courts
- Inherent power of Courts to amend and control its processed and orders so as to make them comformable with law and justice. - Right to reverse itself. Where vested - 1 SC - Such lower courts as m ay be established by law Jurisdiction - Power to hear and decide a case - Congress shall have the power to define, prescribe and apportion the jurisdiction of various courts, but may not deprive SC of its jurisdiction over cases enumerated in Section 5, Article VIII - No law shall be passed increasing appellate jurisdictio n of SC w ithout its advice and concurrence Constitutional Safeguards to Insure Independence of SC 1. SC is a constitutional body; it may not be abolished by legislature 2. members of SC are removable only by impeachment 3. SC may not be deprived of its srcinal and appellate jurisdiction; Appellate jurisdiction may not be increased without its consent and concurrence 4. SC has administrative supervision over all inferior courts and personnel 5. SC has exclusive power to discipline judges and justices of inferior courts 6. members of Judiciary have security of tenure 7. members of Judiciary may not be designated to any agency performing quasi-judicial or administrative functions 8. salaries of judges may not be reduced; Judiciary enjoys fiscal autonomy 9. SC alone may initiate ROC 10. SC alone may order temporary detail judges 11. SC can appoint officials and employees of judiciary Qualifications - Proven competence, integrity, probity and independence + - SC 1) Natural-born 2) At least 40 3) 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines - Lower Collegiate Courts 1) Natural-born 2) Member of Philippine Bar 3) Congress may prescribe other qualifications - Lower Courts 1) Citizen 2) Member of Philippine Bar
3) Congress may prescribe other qualifications Procedure for Appointment - Appointed by the President from a list of nominees prepared by Judicial and Bar Council - Lower Courts: appointed by President w/in 90 days from submission of list Judicial and Bar Council - Composition Ex-officio Members 1) CJ as Chairman 2) Justice Secretary 3) Representative of Congress Regular Members 1) Representative of IBP 2) Professor of Law 3) Retired justice of SC 4) Representative of private sector
Secretary ex-officio: clerk of SC
- Appointment: regular members shall be appointed by President for a term of 4 years, with consent of COA; shall receive emoluments as determined by SC - Powers/Functions: Principal function: recommending appointees to Judiciary Exercise such other functions and duties as SC may assign
Supreme Court Composition • 1 CJ • 14 Associate Justices May sit en banc or in its discretion, in divisions of 3, 5 or 7 members Vacancy shall be filled within 90 days from occurrence En Banc – concurrence of a majority of the members who took part in the deliberations and voted 1) Constitutionality of a treaty, international or executive agreement, or law 2) All others required by ROC 3) Constitutionality, application or operation of PDs, orders, instructions, ordinances and other regulations Division - concurrence of a majority of the members who took part in the deliberations and voted and in no case without the concurrence of at least 3 such members
• When required number is not obtained à case shall be decided en banc (case – decided NOT matters - resolved) No doctrine or principle of law laid by a court sitting en banc or in a division, may be modified or reversed except by the court sitting en banc
Powers of the SC 1) Original Jurisdiction 2) Appellate Jurisdiction 3) Temporary Assignment of judges of LCs to other stations as public interest may require 4) Order change of venue or place of trial, to avoid miscarriage of justice 5) Power 6) Rule-Making Power of Appointment 7) Power of Administrative Supervision 8) Annual Report Original Jurisdiction 1) Cases affecting ambassadors, public ministers and consuls 2) Petition for certiorari, prohibition, mandamus 3) Quo warranto 4) Habeas corpus Appellate Jurisdiction – review, revise, reverse, modify, or affirm on appeal or certiorari as the ROC may provide final judgments and orders of lower courts in: 1) All cases involving constitutionality/ validity of any treaty, international or executive agreements, law, PD, proclamation, order, instruction ordinance or regulation is in question 2) All cases involving legality of any tax, impost, assessment or toll or any penalty imposed in relation thereto 3) Jurisdiction of lower court is in issue 4) All criminal cases in which penalty imposed is RP or higher 5) All cases in which only an error or question of law is involved - Does not include power of SC to review decisions of administrative bodies - Penalty is RP, accused must appeal. Otherwise, judgment of conviction will become final and executory - If death, TC shall forward records for automatic review - Question of Law: correct application of law or jurisprudence to a certain set of facts; when the issue does not call for an examination of the probative value of the evidence, the truth or falsehood of the facts being admitted. Temporary Assignment of judges of LCs to other stations as public interest may require Order change of venue or place of trial, to avoid miscarriage of justice Rule-Making Power - Promulgate rules: 2) Protection and enforcement of constitutional rights 3) Pleadings 4) Practices
5) Procedure in all courts 6) Admission to practice of law 7) Admission to TB 8) Legal assistance to underprivileged - Limitations: 1) Simplified and inexpensive procedure 2) Uniform in all increase courts of or themodify same substantive grade 3) Not diminish, rights - Integrated Bar • State-organized bar to which each lawyer must belong • Official unification of entire lawyer population, where each lawyer is given the opportunity to do his share in carrying out the objectives of the Bar as well as obliged to bear his portion of its responsibilities • Requires membership and financial support of every atty as a condition sine qua non to the practice • Payment of dues is a necessary consequence of membership in the IBP, of which no one is exempt • Practice of law is a privilege and as such must bow to the inherent regulatory power if the SC - Writ of Amparo: writ that may be issued by the courts, based on the constitutional power of the SC to promulgate rules, for the protection and enforcement of constitutional rights. - Congress cannot amend the ROC - Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC Power of Appointment - Appoint all officials and employees of the Judiciary in accordance with Civil Service Law Power of Administrative Supervision - Administrative supervision over all courts and personnel - Ombudsman may not initiate or investigate a criminal or administrative complaint before his office against a judge, he must first indorse the case to the SC - Administrative proceedings before the SC are confidential in nature. Annual Report - Submit, within 30 days from opening of each regular session of Congress to the President and to Congress an annual report on the operations and activities of the Judiciary. Consultations/Decisi ons of SC 1) Conclusions in any case submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the Court. A certification to this effect signed by the CJ shall be issued.
- N/A to administrative cases - Applicable to lower collegiate bodies - Votes are equally divided and majority is not obtained, petition shall nbbe dismissed 2) The decision shall state clearly and distinctly the facts and the law on which it is based. -1)N/A to: resolution dismissing a petition for HC, certiorari and mandamus Minute 2) Administrative cases - Decision need not be a complete recital of the evidence presented - Factual and legal basis are clearly and distinctly set forth - Imperative that decision is not limited to dispositive part; must 1) State nature of the case 2) Summarize the facts w/ reference to record 3) Contain statement of applicable law and jurisprudence 4) Tribunal’s statement and conclusion of the case 3) No petition for review or MR shall be refused due course or denied without stating the legal basis. Tenure of Judges/Justices - SC: Justices may be removed only by impeachment • Special Prosecutor has no authority to conduct an investigation on charges against a member of the SC, in view of filing a criminal information. Because if found guilty, he will be removed from office à violation of his security of tenure. - LC: Judges shall hold office during GOOD BEHAVIOR until they reach the age of 70 or become INCAPACITATED to discharge the duties of their offices. • SC en banc shall have the power to discipline judges of LCs, or order their dismissal by a vote of a majority of the members who took part in the deliberations and voted • NOTE: only cases involving dismissal of judges of LCs are required to be decided by the Court en banc. • First clause: declaration of grant of the disciplining power to and the determination of the procedure in the exercise by the Court en banc • Grounds for the removal of a judicial officer should be established beyond reasonable doubt, particularly where the charges on which removal is sought are misconduct in office, willful neglect, corruption, incompetence, etc. • Judges cannot be disciplined for every erroneous order or decision rendered in the absence of a clear showing of ill motive, malice or bad faith. • The absence of bad faith or malice will not totally exculpate them from charges of incompetence and ignorance of the law when they render decisions that are totally bereft of factual and legal bases. - No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members. Salaries - Fixed by law - May not be decreased during their continuance in office
- Imposition of income tax on salaries of judges does not violate the constitutional prohibition against decrease in salaries Periods of Decisions - All cases filed after the effectivity of the Constitution must be decided and resolved, from date of submission •• 12 24 months months – – lower SC collegiate courts • 3 months – all other lower courts - Unless in the 2 latter cases, the period is reduced by the SC - Certification to be signed by the Chief Justice/Presiding Justice shall be issued stating the reason for delay - Must not sacrifice for expediency’s sake the fundamental requirements of due process - “sin perjuicio” judgment without a statement of the facts in support of its conclusions, to be later supplemented by the final judgment. - Designed to prevent delay in the administration of justice. - Failure to decide cases within the prescribed period is not excusable and constitute gross inefficiency which is a ground for administrative sanction against the defaulting judge. - Judges who cannot comply with this mandate should ask for additional time, explaining in their request the reasons for the delay. - Despite expiration of the mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay. - Court does not lose jurisdiction despite the lapse of the mandatory period. XI. CONSTITUTIONAL COMMISSION Independent Constitutional Commission 1. Civil Service Commission 2. COMELEC 3. Commission on Audit Safeguards Insuring the Independence of the Commission 1. constitutionally created, and not be abolished by statute 2. expressly described as “independent” 3. conferred certain powers and functions which cannot be reduced by statute 4. enjoy fiscal autonomy “no report, no release” policy may not be validly enforced against offices vested with fiscal autonomy. Automatic release of approved annual appropriations to a constitutional commission vested with fiscal autonomy should be construed to mean that no condition to fund releases to it may be imposed. Provision in Section 3, Article VIII, prohibiting the reduction in the appropriation for the Judiciary below the amount appropriated for the previous
year does not appear in Section 5, Article IX-A…. Congress is not prohibited from reducing the appropriations Constitutional Commissions below the amount appropriated for them for the previous year. 5. promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights (subject to disapproval by the SC) 6. appoint their own officials and employees in accordance with Civil Service Law 7. Chairman and members removed only by impeachment 8. Chairman and members are given a fairly long term of 7 years 9. Chairman and members may not be reappointed or appointed in an acting capacity 10. salaries of Chairman and members are relatively high and may not be decreased during continuance in office 11. Chairman and members are subject to certain disqualification calculate d to strengthen their integrity Inhibitions/Disqualifications 1. not hold any other office or employment, during tenure 2. not engage in the practice of any profession 3. not engage in the active m anagement or control of any business which in any way may be affected by the functions of his office 4. not be financially interested, directly or indirectly, in any contract or in any franchise or privilege granted by the Government Rotational Scheme of Appointments - First appointees serve terms of 7, 5 and 3 years. - After the first comm issioners are appointed, the rotational scheme is intended to prevent the possibility of one President appointing all the Commissioners. - Rotational plan requires: 1. terms of the first commissioners should start on a common date 2. any vacancy due to death, resignation or disability before the expiration of the term should only be filled for the unexpired balance of the term. Decisions 1. Each Commission shall decide by a majority vote of all its members any case or matter brought before it w/in 60 days from the date of its submission for decision or resolution. - Majority vote of ALL members and not only of those who participated in the deliberations and voted thereon. - Retired prior to promulgation of decision à votes should be considered withdrawn, as if they had not signed the resolution; only the votes of the remaining commissioners shall be counted. - Treat the procedural requirements on deadlines realistically. 2. Aggrieved party may bring the decision to the SC on certiorari w/in 30 days from receipt of copy - When Court reviews a decision of the COMELEC, the Court exercises
extraordinary jurisdiction; thus the proceeding is limited to issues involving grave abuse of discretion resulting in lack or excess of jurisdiction and does not ordinarily empower the Court to review factual findings. - Certiorari under R65 is the appropriate remedy. - Judgment of the COA are not reviewable by ordinary writ of error or appeal by certiorari to the SC. Only when COA acts without or in excess of jurisdiction, or with GAD for amounting lack R65. or excess of jurisdiction, may this court entertain a petition certiorarito under - Decisions of the CSC shall be appealable by certiorari to the CA w/in 15 days from receipt of a copy. From the decision of the CA, the party adversely affected thereby shall file a petition for review on certiorari under R45. Enforcement of Decision - Final decision of the CSC are enforceable by writ of execution which CSC may itself issue. CIVIL SERVICE COMMISSION Composition - Chairman - 2 Commissioners Qualifications 1. Natural-born 2. at the time of the appointment at least 35 years old 3. proven capacity for public administration 4. not have been candidates for any elective position in the election immediately preceding their appointment Term - Appointed by the President with the consent of the Commission on Appointments - Term of 7 years, without reappointment - In no case shall any member be appointed or designated in temporary or acting capacity. Constitutional Objective/Function 1. central personnel agency of the Government 2. establish a career service 3. adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service 4. strengthen merit and reward system 5. integrate all human resources development programs for all levels and ranks 6. institutionalize a management climate conducive to public accountability - Granting civil service eligibility to employees under provisional or temporary
status who have rendered 7 years of efficient service is DISCRETIONARY on the CSC and may not be compelled by mandamus to issue such eligibility. - CSC cannot validly abolish Career Executive Service Board - Power to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments. - Power to recall an appointment initially approved in disregard of the applicable provisionsto ofhear the Civil and regulations. - Original jurisdiction and Service decide alaw complaint for cheating in the CS examinations by a government employee. - Decisions of lower level officials in cases involving personnel actions be appealed to the agency head then to the CSC. (not RTC) - CSC does not have appellate jurisdiction over a case of separation from government service under Section 2, Article II of the Provisional Constitution. Scope of the CS - Embrace ALL branches, subdivisions, instrumentalities and agencies of the Government, including GOCCs with srcinal charter - “with srcinal charter” refers to corporation chartered by special law as distinguished from corporations organized under the Corporation Code - Includes: 1. Economic Intelligence and Information Bureau 2. Jose M. Rodriguez Hospital 3. Philippine National Red Cross 4. UP 5. Morong Water District - N/A: 1. National Housing Corporation Classes of Service 1. Career Service b. Description - Entrance based on merit and fitness, as far as practicable by competitive examinations - Or based on highly and technical qualifications - Opportunity for advancement to higher career positions - Security of tenure c. Includes: 1) Open Career Service - Prior qualificat ion in an appropriate examination is required 2) Closed Career Service - Scientific or highly technical 3) Career Executive Service - Undersecretaries, bureau directors, etc. 4) Positions in the Armed Forces of the Philippines - Governed by a different m erit system 5) Career Officers - Other than those belonging to C areer Executive Service, appointed by
President, e.g. foreign service 6) Personnel of GOCC w/ srcinal charters 7) Permanent laborers (skilled, semi-skilled or unskilled) d. Incumbents of positions which are declared to be CES positions for the first time who hold permanent appointments shall remain under permanent status in their position. Upon promotion or transfer to other CES positions, these incumbents shall be under temporary status in said other CE S positions until qualify, e. Mere fact that a position belongs to the CES does not automatically confer security of tenure on the applicant. Such right will have to depend on the nature of his appointment which depends on his eligibility or lack of it. f. A person who does not have the requisite qualifications for the position cannot be appointed. - Exception: acting capacity in the absence of appropriate eligibles. g. Security of Tenure in the CES – pertains only to RANK and not to the office or the position to which they m ay be appointed. 1) Career executive service eligibility 2) Appointment to the appropriate career executive service rank 2. Non-Career Service a. Description - Entrance on bases other than those of the usual tests utilized for the career service - Tenure 1) limited to a period specified by law or 2) which is co-terminous with that of the appointing authority or 3) subject of his pleasure or 4) which is limited to the duration of a particular project for which purpose the employment was made. b. Includes: 1) Elective officials, personal and confidential staff 2) Department Heads and officials of Cabinet rank who holds office at the pleasure of the President, personal and confidential staff 3) Chairmen and members of commissions/boards w/ fixed terms of office, personal and confidential staff 4) Contractual personnel/ those whose employment in government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in employing agency, to be accomplished within a period not exceeding 1 year, under his own responsibility, with minimum direction and supervision 5) Emergency and seasonal personnel - Under Administrative Code, the CSC is expressly empowered to declare positions in the CS as primarily confidential. - Enumeration in the Civil Service decree, w hich defined the non-career service is not an exclusive list Appointments in Civil Service
- According to merit and fitness to be determined, as far as practicable by competitive examination - Except to positions which are: 1) Policy-determining 2) Primarily confidential or 3) Highly technical -1)Principles Classification of a particular position as policy-determining, primarily confidential or highly technical amounts to no more than an executive or legislative declaration that is not conclusive upon the courts, the true test being the nature of the position 2) The exemption provided pertains only to exemption from competitive examination to determine merit and fitness to enter the civil service - Exempt from competitive examination to determine merit and fitness: 1) Policy-determining Officer lays down principal or fundamental guidelines or rules E.g. department head 2) Primarily confidential
Not only confidence in the aptitude if the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayal on confidential matters of state NATURE of the position which determined whether a position is primarily confidential, policy-determining or highly technical “proximity rule” – can be considered as confidential employee if the predominant reason why he was chosen by the appointing authority was the latter’s belief that he can share a close intimate relationship with the occupant which ensures freedom of discussion without fear of embarrassment or misgivings of possible betrayals of personal trust or confidential matters of the State. Where the position occupied is remote from that of the appointing authority, the element of trust between them is no longer predominant, and cannot be classified as primarily confidential. 3) Highly technical – requires possession of technical skill in a superior degree.
Discretion of the Appointing Authority Where the appointee possesses the minimum qualification requirements prescribed by law for the position, the appointing authority has discretion who to appoint. Even if officers and employees in the career service of the Civil Service
enjoy preference in the promotion, it is not mandatory that the vacancy be filled by promotion. Discretion of the appointing authority is not only in the choice of the person who is to be appointed, but also in the nature or character of the appointment issued.
CSC cannot convert temporary appointment to a permanent one à arrogation of power belonging to appointing authority. May approve as merely temporary an appointment intended to be permanent when the appointee does not possess the requisite eligibility and the exigency of the service demands that the position be filled even in a temporary capacity.
Role of the CSC Check if the appointee possesses the qualifications and appropriate eligibility; if he does, appointment is approved; if he doesn’t, appointment is disapproved. Selection or placement is made through the Placement Committee, the members of which are the representatives of the head of the agency as well as representatives of the employees. Said Committee’s work is merely recommendatory. Appointment should be submitted to the C SC w/in 30 days from issuance; otherwise, it shall be ineffective. CSC Memorandum Circular – only the appointing authority has the right to challenge the CSC’s disapproval of an appointment. • Abella, Jr. vs. CSC à both the appointing authority and the appointee are the real parties in interest and both have legal standing • Challenge to the appointing authority’s discretion • While appointee has no vested right to the position, it was his elgibility that was being questioned; he has a personal stake in the outcome
Disqualifications 1) Lost in any election within 1 year preceding the appointment 2) Elective official during tenure 3) Appointive official, except when allowed by law or the primary functions of his position • Ex-officio capacity Security of Tenure - Removed and suspended for case provided by law. - Ground, procedure for investigation and the discipline of career service officers and EEs à Career Service Law; Non-compliance constitutes denial of the right to security of tenure - Presidential appointee à direct disciplinary authority of the President - Reassignment does not offend the constitutional guarantee - Reinstatement – deemed not to have left his office; entitled to payment of back salaries, notwithstanding silence.
Payment of back wages during the period of suspension of a civil servant who is subsequently reinstated is proper only if he is found innocent of the charges and the suspension is unjustified. BUT where the reinstatement is ordered not as a result of exoneration but merely as an act of liberality, the claim for back wages was not allowed. It
follows the general rule that the public official is not entitled to compensation if he has not rendered any service. - Valid abolition of office does not violate the constitutional guarantee of security of tenure. - ROC, career service officer or employee who has been unlawfully ousted from his office has 1 year within which to file an action in court to recover office. Exception: Cristobal vs. Melchot à grounds of equity - Appellate jurisdiction of the CSC only over Merit System Protection Board’s decisions in administrative disciplinary cases involving the imposition of the penalty of suspension, fine, demotion in rank or salary, transfer, removal, dismissal from office – not over MSPB decision exonerating the accused. Only by the party adversely affected (Not ER). - He who, while occupying one office, accepts another incompatible with the first, ipso facto vacates the first office and his title thereto is thereby terminated without any other act of proceeding. Canonizado vs. Aguirre: accepted another position while case questioning the law that removed him from his first position was still pending.
Partisan Political Activity – no officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign Except to vote Does not prevent expression of views regarding political problems or mention the names of the public officers he supports Applicable to military establishments à only to those in the active military service, not to reservists Exemptions: 1. members of the Cabinet 2. public officers and employees holding political offices The above 2 are allowed to take part in political and electoral activities, except to solicit contributions from their subordinates or commit acts prohibited under the Election Code.
The right to Self-organization shall not be denied to government employees May not engage in strikes to demand changes in the terms and conditions of employment because such are provided for by law.
Temporary employees of the Government shall be given such protection as may be provided by law. Standardization of Compensation Provided for by Congress (and also qualification required fir their positions)
Double Compensation No elective or appointive public officer or employee shall receive additional,
double or indirect compensation, UNLESS specifically authorized by law, Nor accept without the consent of Congress, any present, emoluments office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as additional, double or indirect compensation. Retiree can continue to receive such pension/gratuity even after he accepts
another government position to which another compensation is attached. Oath of Allegiance – shall take an oath or affirmation to uphold and defend this Constitution COMMISSION ON ELECTIONS Composition - Chairman - 6 Commissioners Qualifications 1. Natural-born 2. at the time of the appointment at least 35 years old 3. holder of a college decree 4. not have been candidates in the imm ediately preceding election 5. majority, including the chairman, must be m ember of the Philippine Bar who have been engaged in the practice of law for at least 10 years. Term - Appointed by the President with the consent of the Commission on Appointments - Term of 7 years, without reappointment - In no case shall any member be appointed or designated in temporary or acting capacity. En Banc and Division cases It may sit en banc of in 2 division, and shall promulgate its rules of procedure in order to expedite disposition of cases, including preproclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided en banc. Cases which must first be heard and decided in division 1. all election cases, including pre-proclamation contests, srcinally cognizable by the Commission
2. cancel certificate of candidacy 3. cases appealed from the RTC or MTC (SC may motu proprio consider question of jurisdiction) 4. petition for certiorari filed with COMELEC from a decision of the RTC or MTC
Exceptions: 1. error in tabulation results or tallying of results by the Board of Canvassers, merely clerical in nature (petition for correction of manifest errors in the Statement of Votes) 2. prosecution cases involving violation of election laws The rule that all election cases shall be heard and decided in division
applies only when the COMELEC exercises its adjudicatory powers or quasijudicial functions, not when it exercises purely administrative functions. COMELEC decisions reviewable by the SC 1. decisions of COMELEC en banc, on certiorari 2. only decision of COMELEC in the exercise of its adjudicatory or quasijudicial power may be brought to SC on certiorari • if merely administrative in character à ordinary civil action before trial courts COMELEC en banc shall promulgate rules concerning pleadings and practice before it or before any of its offices, but they must not diminish, increase or modify substantive rights • subject to the rule that rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the SC • rules on civpro regarding demurrer to evidence cannot apply to election cases, even by analogy in suppletory character. • Authority to suspend reglamentary periods provided by its rules, or the requirement of NFS, in the interest of justice and speedy resolution of cases. It is not constrained to dismiss a case on the ground of non-payment of filing fees. • Fingerprinting of chairman and members of the Board of Election Inspectors is an internal matter and m ay be done even without prior notice. Constitutional Powers and Functions 1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum or recall 2) Exclusive srcinal jurisdiction a. All contests relating to the elections, returns and qualifications of all elective regional, provincial and city officials. ? Exclusive appellate jurisdiction b. All contests involving elective municipal officials decide by RTC c. Elective barangay officials decided by MTC 3) Decide all questions relating to elections Determination of the number and location of polling places Appointment of election officials and inspectors
Registration of voters EXCEPT: right to vote 4) Deputize law enforcement agencies and instrumentalities for the exclusive purpose of ensuring free, orderly , honest and peaceful and credible elections, with concurrence of President
5) Accredit Citizen’s Arm and Register political parties, coalitions or organizations After sufficient publication Present platform/program of government 6) File petition in court for the inclusion/exclusion of voters, upon verified complaint or in its own initiative; investigate and/or prosecute cases for
violations of election laws 7) Recommend to Congress effective measures to minimize election spending, limitation of places where propaganda materials shall be posted and to prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates 8) Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite initiative, referendum or recall
Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum or recall • Initiative: power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. • Referendum: power of the electorate to approve or reject legislation through an election called for the purpose • Recall: termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate • Plebiscite: submission of constitutional amendments or important legislative measures to the people for ratification. 1) Broad powers – promulgate rules and regulations in the enforcement of laws relative to elections • Enforcement of provisions of the Omnibus Election Code à exclusive jurisdiction of the COMELEC • Includes the ascertainment of the identity of a political party and its legitimate officers • Does not authorize the COMELEC, motu proprio, without the proper proceedings, to deny due course to cancel a certificate of candidacy filed in due form. • Election and contests involving election of Sangguniang Kabataan elections do NOT fall within jurisdiction of the COMELEC à DILG • Authority to annul results of plebiscite (through pre-proclamation case of revision of ballots) 2) Regulatory power over media of transportation, communication and information • to ensure equal opportunity, time, space, right to reply, etc. • during election period • exercised only over the media, not over practitioners of media
3) No pardon, amnesty, parole, etc, for violation of election laws shall be granted by the President without its favorable recommendation 4) COMELEC cannot exercise power of apportionment 5) Power to declare failure of election • The election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud or other analogous case •byThe in any polling been suspended before the hour fixed lawelection for the closing of the place votinghas on account of force majeure, violence, terrorism, fraud or other analogous case • After the voting and during the preparation and transmission of the election returns or in custody or canvas, such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous case. • Petition must show, on its face 1) No voting has taken place in the precint on the sate fixed by law or even if there was voting, the result nevertheless results in a failure to elect 2) Votes not cast would affect the result of the election 6) Not authorized to make an unofficial quick count of presidential election results Exclusive srcinal jurisdiction • All contests relating to the elections, returns and qualifications of all elective regional, provincial and city officials. Exclusive jurisdiction over pre-proclamation cases • Possible conflict with HR/S ET foreclosed by Section 15, RA 7166 à prohibits pre-proclamation controversies in national offices (EXCEPT on question involving the composition and proceedings of the Board of Canvassers) • ET over a member à only after proclamation COMELEC without the power to partially/totally annul a proclamation or to suspend the effects of a proclamation without notice and hearing à violation of due process clause Power to issue writs of prohibition, certiorari, etc. • In the exercise of its exclusive appellate jurisdiction Exclusive appellate jurisdiction • All contests involving elective municipal officials decide by RTC • Elective barangay officials decided by MTC • Decisions shall be final, executory and unappealable • Appeal to the COMELEC from RTC must be filed within 5 days from receipt of a copy of the decision. • MR of RTC decision is a prohibited pleading and does not interrupt running of period for appeal. • Mere filing of notice of appeal is not sufficient, must be accompanied by payment of correct amount of appeal fee.
Permissive – COMELEC may give due course, and the subsequent payment cures the procedural defect.
Execution Pending Appeal COMELEC cannot deprive RTC of its competence to order the execution of judgment pending appeal, because the mere filing of an appeal does not
divest the TC of its jurisdiction over a case. Factors: 1) Public interest involved or will of the electorate 2) Shortness of the remaining portion of the term 3) Length of time that the election contest has been pending Strictly construed against the movant being an exception to the general rule. Filed before expiration of the period for appeal. Judgments which may be executed pending appeal need not only be those rendered by the TC, but by the COMELEC as well.
Decide all questions relating to elections As an incident to its duties concerning registration of voters, it may decide a question involving the right to vote, but decision shall be subject to judicial review. Exercising purely administrative power à may not punish for contempt
Deputize law enforcement agencies and instrumentalities for the exclusive purpose of ensuring free, orderly, honest and peaceful and credible elections, with concurrence of President May recommend to the President the removal of any officer it has deputized, or the imposition of any other sanction for disobedience, violation
or disregard of its orders. Accredit Citizen’s Arm and Register political parties, coalitions or organizations Authority to promulgate the necessary rules to enforce and administer all election laws includes the determination of appropriate periods for the accomplishment of pre-election acts, e.g. filing petitions for registration under the party-list system.
File petition in court for the inclusion/exclusion of voters, upon verified complaint or in its own initiative; investigate and/or prosecute cases for violations of election laws Finding of probable cause in the prosecution of election offenses rests in the COMELEC’s sound discretion Includes the authority to decide whether or not to appeal the dismissal of a case by the TC.
Recommend to Congress effective measures to minimize election spending, limitation of places where propaganda materials shall be posted and to prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates Submit to the President and Congress a comprehensive report on the conduct of each election, plebiscite initiative, referendum or recall Statutory Powers of the COMELEC 1) Exercise supervision and control over official required to perform duties relative to the conduct of elections 2) Promulgate rules and regulations 3) Punish contempt 4) Inquire into financial records of candidates, groups, etc. 5) Prescribe forms to be used in elections 6) Procure supplies and materials needed for elections 7) Enlist non-partisan groups to assist it 8) Fix periods for pre-election requirements 9) Power to declare failure of election; call for special election 10) Exclusive srcinal jurisdiction over all pre-proclamation cases Power to declare failure of election; call for special election Sitting en banc and by a majority vote of its members Motu proprio or upon a verified petition Hearing of the case shall be summary in nature Petition to declare a failure of election is neither an election protest nor a pre-proclamation controversy Validity of an election, it is essential that the voters have notice in some form, either actual or constructive, of the time, place and purpose. Time must be authoritatively designated in advance Stricter in cases of special election, at least there must be substantial compliance In fixing date of special election: 1) Should not be later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect Not absolute; directory Residual powers to conduct special elections even beyond the deadline prescribed 2) Reasonably close to the date of the election not held, suspended, or which resulted in failure No law which provides for a reglementary period within which to file a
petition for the annulment of an election if there has been no proclamation yet Legally remain in office in “hold-over” capacity until successors have been elected and qualified (LGC limits term of barangay officials to 3 years)
Exclusive srcinal jurisdiction over all pre-proclamation cases
GR: COMELEC restricted, in ore-proclamation cases, to an examination of the election returns on their face and is without jurisdiction to go beyond them and investigate election irregularities. Exception: duty-bound to investigate allegations of fraud, terrorism, violence and other analogous cases in an action for annulment of election results or for a declaration of failure of elections. (may conduct technical examination of
election documents and analyze signatures and fingerprints in order to determine whether the election has been free, honest and clean) Party-System - a free and open party-system shall be allowed to evolve according to the free choice of the people Votes cast in favor of political party, organization or collation that are REGISTERED. Entitled to appoint poll watchers in accordance with law.
Election Period Commence 90 days before the day of the election and shall end 30 days thereafter Exception: period fixed by COMELEC in special cases
Judicial Review of COMELEC Decisions Petition for certiorari (R65) Filed with SC w/in 30 days from receipt of decision of COMELEC en banc
COMMISSION ON AUDIT Composition - Chairman - 2 Commissioners Qualifications 1. Natural-born 2. at least 35 years old 3. CPAs with not less than 10 years of auditing experience OR mem bers of the Philippine Bar with at least 10 years practice of law 4. not have been candidates in the election immediately preceding the appointment 5. no time shall ALL members belong to the same profession Term - Appointed by the President with the consent of the Commission on Appointments - Term of 7 years, without reappointment Powers and Duties
1. Examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owned or held in trust or pertaining to the Government 2. Keep the general accounts of Government and preserve vouchers and supporting papers for such period as provided by law 3. authority to define the scope of its audit and examination, establish techniques andaccounting methods required therefore 4. Promulgate and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or uses of government funds or property Examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property owned or held in trust or pertaining to the Government Post-audit basis 1. Constitutional Commissions and bodies/offices granted fiscal autonomy 2. autonomous state colleges and universities
3. GOCCs and subsidiaries – with or without srcinal charter 4. Non-governmental entities receiving subsidy or equity Temporary or special pre-audit Duty to pass in audit a salary voucher is discretionary • Exception: authority of Auditor General is limited to auditing (whether 1) there is a law appropriating funds for a given purpose, 2) goods or services have been delivered, 3) payment has been authorized) à presence of all, duty to pass a voucher in audit becomes MINISTERIAL. COA may validly veto appropriations which violated rules on unnecessary, irregular or unconscionable expenses, under 1987 Constitution.
Keep the general accounts of Government and preserve vouchers and supporting papers for such period as provided by law Authority to define the scope of its audit and examination, establish techniques and methods required therefore EXCLUSIVE 2. Power to define the scope of its audit 3. Promulgate auditing rules and regulations 4. Power to disallow unnecessary expenditures NOT Exclusive à power to examine and audit
Promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or uses of government funds or property COA may stop the payment of the price stipulated in the government contracts when found to be irregular, extravagant or unconscionable. May prohibit the use of government vehicle by officials who are provided
with transportation allowance. Jurisdiction of the Commission No law shall be passed exempting any entity of Government or any investment of public funds from the jurisdiction of the Com mission on Audit Water districts are subject to jurisdiction of COA
Authority to investigate whether directors/officials/ employees of GOCCs, receiving additional allowances and bonuses are entitled to such. Failure of bidding: 1. only one offeror 2. all the offers are non-complying or unacceptable – does not speak of accepted bids but of offerors, without disctinction as to whether they are qualified or not.
XII. LOCAL GOVERNMENT XIII. ACCOUNTABILITY OF PUBLIC OFFICERS Statement of Policy • Public office is a public trust. • Public officers and employees must at all times be accountable to the people, • Serve them with utmost responsibility, integrity, loyalty and efficiency, • Act with patriotism and justice • And lead modest lives. Impeachment • National inquest into the conduct of public men • Impeachable Officers 1. President 2. Vice President 3. Chief Justice 4. Associate Justices of SC 5. Chairmen and Members of ConCom 6. Ombudsman * enumeration is exclusive • Impeachable officer who is a member of the Philippine Bar cannot be disbarred without first being impeached. • Grounds: 1. Culpable violation of the constitution 2. treason 3. graft bribery 4. and corruption 5. other high crimes 6. betrayal of public trust * enumeration is exclusive
• Procedure for Impeachment – Congress shall promulgate its rules 1. Initiating Impeachment Case • House of Representative shall have the exclusive power to initiate all cases of impeachment. • Deemed initiated when the complaint (with accompanying resolution of indorsement) has been filed with the House of Representatives and referred to the appropriate Committee. • Initiated by 1. any Member of the House of Representatives OR 2. by any citizen upon a resolution of endorsement by any Member • Included in the order of business w/in 10 session days and referred to the proper Committee w/in 3 session days. • If the verified complaint is filed by at least 1/3 of all the members of the House, the same shall constitute the Articles of Impeachment and the trial by Senate shall forthwith proceed (no need to refer the same to the proper Committee) • The Committee, after hearing, and by a majority vote of all its members, shall submit its report to the H ouse w/in 60 session days • A vote of at least 1/3 of all the members of the House shall be necessary to affirm a favorable resolution with the Articles of Im peachment of the Committee, or override its contrary resolution. • The vote of each member shall be recorded. 2. Limitations on initiating Impeachment Case • Not more than once within a period of 1 year against the same official. 3. Trial and Decision • The Senate shall have the sole power to try and decide all cases of impeachment. • The Senators shall be on oath or affirmation. • President is on trial, the Chief Justice of the SC shall preside, but shall not vote. • A decision of conviction must be concurred in by at least 2/3 of all members of the Senate. 4. Effect of Conviction • Removal from office and disqualification to hold office. • Party convicted shall be liable and subject to prosecution, trial and punishment according to law. THE SANDIGANBAYAN • Anti-graft court Composition • 1 Presiding Justice • 8 Associate Justices • With the rank of the Justice of the CA • Sits in 3 divisions of 3 members each Jurisdiction
• Following must concur: 1. violation of RA 3019, RA 1379, Chapter 2 Section 2 Title 7 Book II of RPC, Eos 1, 2, 14 and 14-A or other offenses of felonies whether simple or complexed with other crimes; 2. offender is public official or employees holding any of the positions enumerated in par a Sec 4 RA 8249; and 3. offenses committed in relation to themay office • Only instance when Sandiganbayan exercise jurisdiction over a private individual is when the complaint charges him either as a co-principal, accomplice or accessory of a public officer who has been charged with a crime within the jurisdiction of the Sandiganbayan. • Whether or not the Sandiganbayan or the RTC has jurisdiction shall be determined by the allegations in the information specifically on whether or not the acts complained of were committed in relation to the official functions of the accused. • Required that the charge be set forth with particularity as will reasonable indicate that the exact offense which the accused is alleged to have committed is one in relation to his office. • Ramification of Section 7, RA 8249 1. if the trial of the cases pending before whatever court has already begun as of the approval of RA 8249, the law does not apply; 2. if trial of cases pending before w hatever court has not begun as of the approval of RA 8249, then the law applies and the rules are: a. if SB has jurisdiction over a case pending before it, then it retains jurisdiction b. if SB has no jurisdiction over a case pending before it, case shall be referred to the regular courts c. if SB has jurisdiction over a case pending before a regular court, the latter loses jurisdiction and the same shall be referred to the Sandiganbayan d. if a regular court has jurisdiction over a case pending before it, then said court retains jurisdiction Decision/Review • Unanimous vote of all 3 members required for the pronouncement of judgment by a division. • Decisions of the Sandiganbayan shall be reviewable by the SC on petition for certiorari • Mandatory for the Sandiganbayan to suspend any public officer against whom a valid information charging violation of that law, or any offense involving fraud upon the government or public funds or property is filed. (RA 3019) • The appellate jurisdiction of the SC over decisions and final orders of the Sandiganbayan is limited to questions of law. THE OMBUDSMAN • Tanodbayan
Composition • One overall Deputy • At least one deputy for Luzon, Visayas and Mindanao • Separate deputy for the military establishment may likewise be appointed Qualifications 1) 2) Natural-born At least 40 years of age 3) Recognized probity and independence 4) Members of the Philippines Bar 5) Must not have been candidates for any elective office in the immediately preceding election 6) Ombudsman must have been a judge or engaged in the practice of law for 10 years or more Appointment of the Ombudsman and his Deputies • By President • From a list of 6 nominees prepared by the Judicial and Bar Council • From a list of 3 nominees for every vacancy; all vacancies must be filled in 3 months. Term of Office • 7 years without reappointment Rank and Salary • Rank of Chairman and Members of the ConCom • Receive the same salary which shall not be decreased during their term of office Fiscal Autonomy Disqualifications/Inhibitions – During their tenure shall: 1) Not hold any other office or employment 2) Not engage in the practice of any profession or in the active management or control of any business which may in any way be affected by the functions of his office 3) Not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government 4) Not be qualified to run for any office in the election immediately succeeding their cessation from office Powers and Duties • jurisdiction of the Ombudsman over government-owned or controlled corporations, 3 Requisites: 1) agency organized as a stock or non-stock corporation 2) vested with functions relating to public needs, whether government or proprietary
3) owned by the Government directly or through its instrumentalities, either wholly or, where applicable as in the case of stock corporations, to the extent of at least 51% of capital stock • Special Prosecutor may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they come under the administrative supervision of the SC. •order Tanodbayan could review and reverseinasmuch the findings of the City Fiscal and of him to withdraw certain charges, as the President’s power control is exercised not by the Secretary of Justice but by the Tanodbayan because the offense/s charged were allegedly committed by a public functionary in connection with his office. • For purposes of initiating a preliminary investigation before the Office of the Ombudsman, a complaint “in any form or manner” is sufficient. • Ombudsman or his deputy is authorized to preventively suspend any officer or employee under his authority pending an investigation irrespective of whether such officer or employee is employed in the Office of the Ombudsman or in any other government agency. • Whether evidence of guilt is strong to warrant preventive suspension is left to the determination of the Om budsman. There is no need for preliminary hearing. • Congress can, by statute, prescribe other powers, functions and duties to the Ombudsman. • He may utilize the personnel of his office to assist in the investigation of the cases, the Ombudsman may refer cases involving non-military personnel for investigation by the Deputy Ombudsman for Military Affairs. • Power to cite for contempt; exercised by the Ombudsman while conducting preliminary investigation because preliminary investigation is an exercise of quasi-judicial functions. • Appeals shall be made to the CA in accordance with R43. • “any illegal act or omission of any public official” is broad enough to embrace any crime committed by a public official or employee. • Power of the Ombudsman to investigate and to prosecute, as granted by law, is plenary and unqualified. • The authority of the Ombudsman to investigate is not an exclusive authority, but rather a shared or concurrent authority with the Department of Justice Panel of Investigators, “in respect of the offense charged” • It is not for the court to review the Ombudsman’s paramount decision in prosecuting or dismissing a complaint filed before his office. Exception: grave abuse of discretion on the part of the Ombudsman in either prosecuting or dismissing a case before it is evident. • Case law holds that the Court is loathe to interfere with the exercise by the Ombudsman of its powers. • While the Office of the Ombudsman has the discretion to determine whether an information should be withdrawn and a criminal case should be dismissed, and to move for the withdrawal of such information or dismissal of a criminal case, the final disposition of the said motion and of the case is addressed to the sound discretion of the Sandiganbayan, subject only to the caveat that the
action of the Sandiganbayan must not impair the substantial rights of the accused and the right of the people t due process of law. • RA 1405 (Law on Secrecy of Bank Deposit) – before an in camera inspection of bank accounts may be allowed: 1) there must be a pending case before a court of competent jurisdiction 2) account must be clearly identified 3) limited to the subject matter of be thenotified pendingtocase before during the court 4) inspection bank personnel and account holder must be present the inspection 5) inspection may cover only the account identified in the pending case • investigation being done by the Ombudsman is NOT one before a court of competent jurisdiction • Ombudsman has no authority to directly dismiss a public officer from government service Can only recommend to the officer concerned the removal of a public officer or employee found to be administratively liable HOWEVER the refusal, without just cause, of any officer to comply w ith such an order of the O mbudsman to penalize an erring officer or em ployee is
a ground for disciplinary action. • Special Prosecutor Existing Tanodbayan (at the time of the adoption of the 1987 Constitution) shall be known as the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter provided by law, except those conferred to the Office of the Ombudsman.
Ill-gotten Wealth Right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. Applies only to civil actions for recovery of ill-gotten wealth and not to criminal cases.
Restriction on Loans No loan, guaranty or other form of financial accommodation for any business purpose may be granted directly or indirectly by any government owned or controlled bank or financial institution to (during their tenure): 2) President 3) VP 4) Members of the Cabinet 5) Congress 6) SC
7) ConCom 8) Ombudsman 9) Any firm or entity in which they have controlling interest Statement of Assets, Liabilities and Net Worth
A public officer or employee shall, upon assumption of office and as often as may be required by law, submit a declaration under oath of his assets, liabilities and net worth. Declaration shall be disclosed to the public in the m anner provided by law in case of: 1) President
2) VP 3) Members of the Cabinet 4) Congress 5) SC 6) ConCom 7) Other constitutional offices 8) Officers of the armed forces of general or flag rank Allegiance to the State and to the Constitution Any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
XIV. NATIONAL ECONOMY AND PATRIMONY Goals 1. equitable distribution of opportunities, income and wealth 2. sustained increase in amount of goods and services, produced by the nation for the benefit of the people 3. expanding productions as the key to raising the quality of life For attainment of these goals, the State shall: Promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources and which are competitive in both domestic and foreign markets. State shall protect Filipino enterprises from unfair competition and trade practices.
Natural Resources All lands of public domain, waters, mineral, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated.
Regalian Doctrine: all agricultural, timber and mineral lands are subject to the dominion of the State. • Before any land may be classified from the forest group and converted into alienable or disposable land from agricultural or other purposes, there must be positive act from the Government.
• Absence of proof that property is privately owned, the presumption is that it belongs to the State. • Any possession, no matter how lengthy, cannot ripen into ownership. And all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Tasks of administering and disposing lands of public domain belongs to the
Director of Lands and ultimately the Secretary of DENR. The classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President. In the absence of classification, the land remains unclassified public land until released and rendered open for disposition. Forest land is not capable of private appropriation and occupation in the absence of a positive act of the G overnment declassifying it into alienable and disposable.
Imperium: government authority possessed by the State, embraced in sovereignty and its capacity to own and acquire property. Dominium: lands held by the State in its proprietary character. It may provide for the exploitation and use of lands and other natural resources, including their disposition, except as limited by the Constitution. Citizenship Requirements 1. Co-production, joint venture or production sharing agreements for exploration, development and utilization of natural resources • Filipino citizens • Corporations at least 60% of whose capital is Filipino-owned • Agreements shall not exceed 25 years, renewable for another 25 2. Use and enjoyment of the nation’s marine wealth • Exclusively to Filipino citizens • Protect the rights of subsistence fishermen, especially of local communities to the preferential use of the comm unal marine and fishing resources, both inland and offshore. • “Marginal Fisherman” – individual engaged in fishing whose margin of return or reward from his harvest of fish, as measured by existing price levels, is barely sufficient to yield a profit or cover the cost of gathering the fish. • “Subsistence Fishermen” – catch yields but the irreducible minimum for his livelihood. • LGC defined “marginal farmer or fisherman” - engaged in the subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products. • Preferential right granted to them is not absolute. 3. Alienable lands of public domain • Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant OR lease m ore than 500 hectares
• Private corporation may lease not more than 1,000 hectares for 25 years, renewable for another 25 years 4. Certain areas of investment (as Congress shall provide when national interest so dictates) • Filipino citizens • Corporations at least 60% of whose capital is Filipino-owned •• Congress may prescribe higher percentage of Filipino ownership Filipino First Policy o positive command which is complete in itself o needs no further guidelines or implementing rules or laws for its operation o per se enforceable o Filipinos should be preferred and when the Constitution declares that a right exists in certain specified circumstances, an action may be maintained to enforce this right. 5. Franchise, certificate or authorization for the operation of a public utility • Citizens of the Philippines • Corporations at least 60% of whose capital is Filipino-owned • Franchise, certificate or authorization shall not be exclusive nor for a period for more than 50 years, and shall be subject to amendment, alteration or repeal by Congress. All executive and managing officers must be Filipino citizens. • No franchisee can demand or acquire exclusivity in the operation of a public utility. • Congress does not have the exclusive power to issue such authorization à also administrative bodies. • Franchise for the operation of public utility à does not require a franchise before one can own the facilities needed to operate a utility, so long as it does not operate them to serve the public. • Public utility: business or service engaged in regularly supplying the public with some commodity or service of public consequence. Implies public use and service. • All broadcasting, whether radio or television, is licensed by the Government. They do not own the airwaves and frequencies and they are merely given he temporary privilege. • A franchise is a privilege subject to amendment. • Joint venture falls within the purview of association; if it wishes to engage in the business of operating a public utility, must comply with the 60-40% Filipino-foreign capitalization requirement. Classification of Lands of Public Domain • Lands of public domain are classified into: 1. agricultural 2. forest or timber 3. mineral lands 4. national parks • Agricultural lands may further be classified by law according to the uses to which they may be devoted.
• Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or leased and conditions therefore. • The classification of public lands is a function of the executive branch of the Government – Director of the Land Management Bureau. • The decision of the Director, when approved by the Secretary of the Department of Environment and Natural Resources as to questions of fact is conclusive courts. • Alienable upon lands the of the public domain shall be limited to agricultural lands. Forest land cannot be owned by private persons. It is not registrable and possession thereof, no m atter how lengthy, cannot convert it into private land, unless the land is reclassified and considered disposable and alienable. Foreshore land is that part of the land which is between the high and low water, and left dry by the flux and reflux of the tides. It is part of the alienable and of the public domain and may be disposed of only by leased and not otherwise. • Private corporations or associations may not hold such alienable lands of the public domain except by lease.
It would cease to be public land only upon the issuance of the certificate of title to any Filipino citizen qualified to acquire the same. 1973 Constitution cannot impair vested rights. Where the land was acquired in 1962 when corporations were allowed to acquire lands not exceeding 1,024 hectares, the same may be registered in 1982. The 1987 Constitution prohibits private corporations from acquiring alienable lands of the public domain. • Congress shall determine the specific limit of forest land and national parks, marking clearly their boundaries on the ground. • The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social and cultural well being.
The Stewardship Concept The use of property bears a social function, and all economic agents shall contribute to the common good, individuals and private groups, including corporations, cooperatives and similar collective organizations, shall have the right to own, establish and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. • The State shall apply the principles of agrarian reform or stewardship, whenever applicable, in the disposition or utilization of other natural resources. • Including lands of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. • The State may resettle landless farmers and farm workers in its own agricultural estates which shall be distributed to them in the m anner provided by law.
Private Lands - Private lands shall be transferred or conveyed to individuals, corporations or associations qualified to acquire or hold lands of the public domain. - Exception: in cases of hereditary succession - Any sale or transfer in violation of the prohibition is null and void. -• Being alien, disqualified from and owning property. Neitherancan petitioner recover theacquiring money he had spentreal for the purchase. • Equity, as a rule, will follow the law, and will not permit to be done indirectly that which, because of public policy, cannot be done directly. - Action to recover the property sold filed by the former owner will lie, the pari delicto ruling having been abandoned. - The lease for 99 years with a 50-year option to purchase the property if and when Wong Heng would be naturalized is a virtual surrender of all rights incident to ownership and therefore invalid. (PNB vs. Lui She) - Land tenure is not indispensable to the free exercise of religious profession and worship. • A religious corporation, controlled by non-Filipinos, cannot acquire and own lands even for a religious use or purpose. • For a religious corporation sole to acquire lands, it must appear that at least 60% of the faithful or its members are citizens of the Philippines in order to comply with the citizenship requirement. • This is so regardless of the citizenship of the incumbent inasmuch as a corporation sole is merely an administrator of the temporalities or properties titled in its name and for the benefit of its members. - Land sold to an alien which was later transferred to a Filipino citizen – or where the alien later becomes a Filipino citizen can no longer be recovered by the vendor because ether is no longer any public policy involved. - Exceptions to the Rule: 1. Hereditary Succession • Exception: testamentary disposition 2. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands • Filipino citizen may acquire 5,000 square meters of urban land • Filipino citizen may acquire 3,000 hectares of rural land • May be used for residence, business and for other purposes. 3. Americans hold valid title to private lands as against private persons • Titles to private lands acquired by such persons before such date (July 3, 1974) shall be valid as against private persons only) – Transitory Provision of the 1973 Constitution. • Previous owner may no longer recover land from an American buyer who succeeded in obtaining title over the land. • Only the State has the superior right to the land through the institution of escheat proceeding (as a consequence of the violation of the Constitution) or through an action for reversion (as expressly authorized under the Public Land Act with respect to lands which formerly formed part of the public
domain). Remedies to Recover Private Land from Disqualified Alien 1. Escheat Proceedings 2. Action for Reversion under Public Land Act The Director of Lands has the authority and the specific duty to conduct
investigation of alleged titles to alienable public fraud lands.in obtaining free patents and the corresponding And if the facts warrant, to file the corresponding court action for the reversion of the land to the S tate. Imprescriptible. State, alone, which may institute reversion proceedings against public lands allegedly acquired through fraud and misrepresentation. Private parties are without legal standing at all question the validity of respondent’s title. Property in dispute is still part of the public domain, only the State can file suit for reconveyance of such public land. The State can be in estoppel by the mistakes or errors of its officials or agents. o Estoppel against the State is not favored; it may be invoked only in rare and unusual circumstances. o State may not be allowed to deal dishonorably or capriciously with its citizens. o State may be held in estoppel for irregular acts and mistakes of its officials. o Republic vs. CA, where the State failed to correct and recover the alleged increase in the land area of the titles issued, the prolonged inaction strongly militates against its cause, tantamount to laches. o Laches – failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been
done o Theearlier. negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either abandoned it or decline to assert it. 3. Action for recovery filed by the former Filipino owner, the pari delicto ruling having been abandoned, unless the land is sold to an American citizen prior to July 3, 1974 and the American citizen obtained title thereto. Preference for Filipino Labor, etc. - The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. Practice of Profession - The practice of all profession shall be limited to Filipino citizens - Exception: in cases prescribed by law
Cooperatives - Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development. - RA 6939: An Act Creating the Cooperative Development Authority - CDA is devoid of any quasi-judicial authority to adjudicate intra-cooperati ve disputes more particularly, disputes related to the election of officers and directors and, of cooperatives. - CDA may conduct hearings and inquiries in the exercise of its administrative functions. Monopolies - Policy: the State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. - Monopoly – a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right to carry on a particular business or trade, manufacture a particular article, or control the sale of a particular commodity. - Monopolies are not per se prohibited by the Constitution but may be permitted to exist to aid the government in carrying on an enterprise or to aid in the performance of various services and functions in the interest of the public. - Subjected to a higher level of State regulation. - Desirability of competition is the reason for the prohibition against restraint of trade. - The reason for the interdiction of unfair competition and the reason for the prohibition of unmitigated monopolies. - A market controlled by one player (monopoly) or dominated by a handful of players (oligopoly) is hardly the market where honest-to-goodness competition will prevail. - Constitution enshrined free enterprise as a policy, it nevertheless reserves to the Government the power to intervene whenever necessary for the promotion of the general welfare. Central Monetary Authority - Congress shall establish an independent central monetary authority, the members of whose governing board must be: 2. natural-born 3. known probity, integrity and patriotism 4. majority of whom shall come from the private sector - The authority shall: 1. provide policy direction in the areas of money banking and credit 2. have supervision over the operations of banks 3. exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions
- Until Congress otherwise provides, the Central Bank shall function as central monetary authority.
the
XV. SOCIAL JUSTICE AND HUMAN RIGHTS Policy Statement - Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity reduce social, economic, and political inequalities and remove cultural inequities by equitably diffusing wealth and political power for the common good. - To this end, the State shall regulate the acquisition, ownership, use and disposition of property and its increment. - The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. - Pursuit to social justice cannot justify breaking the law. - The State’s solitude for the destitute and the have-nots does not mean it should tolerate usurpation of property, public or private.
Labor - The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. - It shall guarantee the rights of all workers to: 1. self-organization 2. collective bargaining and negotiations 3. peaceful concerted activities, including the right to strike in accordance with law - They shall be entitled to: 1. security of tenure 2. humane conditions of work 3. living wage - They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. - The State shall promote the principle of shared responsibility between the workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation and shall enforce their m utual compliance to foster industrial peace. - The State shall regulate the relations between workers and employers, recognizing the 1. right of labor to its just share in the fruits of production and 2. the right of enterprises to reasonable returns on investments and to expansion and growth. - Employees in the civil service may not resort to strikes, walkouts and other temporary work stoppages to pressure the Government to accede to their demands.
- The ability to strike is not essential to the right to association and the right to sovereign to prohibit strikes or work stoppages was clearly recognized at common law. Agrarian and Natural Resources Reform - Constitutionality of the Comprehensive Agrarian Reform Law. Urban Land and Housing Reform - The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. - It shall promote adequate employment opportunities. - State shall respect the rights of small property owners. - Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, Except: in accordance with law and
in a just and humane manner. - No resettlement of urban or rural dwellers shall be undertaken without adequate consideration with them and the communities where they are to be located.
- Eviction of squatters and the demolition of their shanties shall be done in accordance with law does not mean that the validity and legality of demolition or eviction hinges on the existence of resettlement area designated or earmarked by the Government. - Judicial notice of the fact that urban reform has become a paramount task of Government in view o the acute shortage of decent housing in urban areas. - Section 19 of the LGC imposes certain restriction on the exercise of the power of eminent domain/ - RA 7279 provides the order in which lands may be acquired for socialized housing. - Urban tenant’s right of first refusal (pre-emptive right), can be exercised only where the disputed land is situated in an area declared to be an area for priority development (APD) and an urban land reform zone (ULRZ). Human Rights The Commission on Human Rights Composition 1. Chairman
2. Qualifications 4 Members
1. natural-born 2. majority of whom shall be members of the Bar Term of office and other disqualification and disabilities of the members
shall be provided by law. The power to appoint the Chairman and members of the Commission is vested in the President, without need of confirmation by the Commission on Appointments. CHR does not enjoy fiscal autonomy. It does not belong to the species of constituent commissions.
Powers and Functions: 1. jurisdiction or adjudicatory powers and not meant to be another court or quasi-judicial agencies in this country 2. may investigate receive evidence make findings of fact as regards claimed human rights violations involving civil and political rights but fact-finding is not adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi-judicial agency or official 3. cannot issue writs of injunction or a restraining order against supposed violators of human rights, not being a court of justice.
XVI. EDUCATION, SCIENCE AND TECHNOLOGY, ARTS CULTURE AND SPORTS State Policy priority to education, science and technology, arts, culture and sports to • foster patriotism and nationalism • accelerate social progress and • promote total human liberation and development protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.
National Medical Admission Test (NMAT) ensures quality education for future doctors and protect public health by making sure of the competence of future medical practitioners. Constitutional right of every citizen to select a profession or course of study subject to fair, reasonable and equitable admission and academic requirements. It may be regulated pursuant to police power of the State to safeguard health, morals, peace, education, order, safety and general welfare of the people. Persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers. Requirement that a school must first obtain government authorization before operating is based on the State policy that educational programs and/or operations shall be of good quality and shall satisfy minimum standards.
Constitutional Mandate for the State to • Establish adequate and relevant education • Free public elementary and high school education • Scholarship grants and loan programs • Out-of-school study programs • Adult education Constitutional Objectives of Education 1. inculcate patriotism and nationalism 2. foster love of humanity 3. respect for human rights 4. appreciation of the role of national heroes in the historical development of the country 5. teach the rights and duties of citizenship 6. strengthen ethical and spiritual values 7. develop moral character and personal discipline 8. encourage critical and creative thinking 9. broaden scientific and technological knowledge 10. promote vocational efficiency Optional Religious Instruction - Option expressed in writing by parent or guardian - Public elementary and high schools - Within regular class hours - Instructors designated or approved by religious authorities - Without additional cost to Government Educational Institution - Ownership Solely by Filipino citizens or
Corporations 60% Filipino-owned Exception: those established by religious groups or mission boards, but Congress may increase required Filipino equity participation. - Control and Administration Vested in Filipino citizen.. - Alien Schools No educational institution shall be established exclusively for aliens, and no group of aliens shall compromise more than 1/3 of the enrolment in any school. Exception: schools for foreign diplomatic personnel and their dependents and for other foreign temporary residents.
- Tax Exemptions all revenues and assets all grants, endowments, donations and contributions of non-stock, non-profit educational institution used directly, actually and exclusively for educational purposes
Highest Budgetary Priority to Education - merely directory Academic Freedom enjoyed in all institutions of higher learning
colleges, publicly or privately-owned Two Views: 1. from the standpoint if the educational institution determine: 1. who may teach 2. what may be taught 3. how it shall be taught 4. who may be admitted to study Freedom to determine whom to admit includes the right to determine whom to exclude or expel, as well as to impose lesser sanctions such as suspension. Right to freely choose their field of study subject to existing curricula, and to continue their course therein up to graduation, such right is subject to established academic and disciplinary standards laid down by the academic institution. 2. from the standpoint of the members of the academe freedom of the teacher or research worker in higher institutions of learning to investigate and discuss the problems of his science and to express conclusions, whether through publication or in the instruction of students, without interference from political or ecclesiastical authority, or from the administrative officials of the institution in which he is employed, unless the methods are found to be incompetent or contrary to professional ethics. Widest latitude to innovate and experiment on the method of teaching which
is most fitting to his students, subject only to the rules and policies of the University. Limitations 1. dominant police power of the State 2. social interests of the community “Termination of Contract” theory in Alcauz can no longer be used as a valid ground to deny readmission or re-enrollment to students who had led or participated in student mass actions against the school. The students do not shed their constitutionally-protected rights of free expression at the school games. The only valid grounds to deny readmission of students are: 1. academic deficiency and
2. breach of the school’s reasonable rules of conduct Minimum standards of procedural due process must be satisfied: 1. student must be informed in writing of the nature and cause of the accusation against them 2. right to answer the charges against them, with the assistance of counsel, if
desired 3. informed of the evidence against them 4. right to adduce evidence in their own behalf 5. evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. It is within the sound discretion of the university to determine whether a
student be conferred graduation honors, considering that the student had incurredmay a failing grade in an earlier course she took in school. Profession Regulation Commission cannot interfere with the conduct of review that review schools and centers believe would best enable their enrollees to meet the standards required before becoming full-pledged public accountants. Prerogative of the school to provide standards for its teachers and to determine whether or not these standards have been m et is in accordance with academic freedom and constitutional autonomy which give educational institutions the right to choose who should teach. Academic freedom was never meant to be unbridled license; it is a privilege which assumes the correlative duty to exercise it responsibly.
Conferment of an honor or distinction was obtained through fraud, the University has the right to revoke or withdraw the honor or distinction conferred. The right does not terminate upon the graduation of the student.
Language National language à Filipino Purpose of communication and instruction à Filipino, and until otherwise provided by law, English Regional languages à auxiliary official languages in the regions and shall serve as ancillary media of instruction Spanish and Arabic à promoted on voluntary and optional basis
Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic and Spanish. XVII. THE FAMILY XVII. GENERAL PROVISIONS Flag Red, white and blue A sun and 3 stars As consecrated and honored by the people and recognized by law.
Name Congress may, by law, adopt: • a new name for the country • a national anthem or • a national seal
which shall be truly reflective and symbolic of the ideals, history, and traditions of the people. Law shall take effect only upon its ratification by the people in a national referendum.
Armed Forces of the Philippines
Composed of a citizen armed force Which shall undergo military training And serve, as may be provided by law.
All members of the armed forces shall take an oath or affirmation to uphold and defend the Constitution Professionalism and Adequate Remuneration shall be a prime concern of the State. Insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity except to vote.
No member of the armed forces in the to active serviceposition. shall, at any time, be appointed or designated in any capacity any civilian Laws on retirement of military officers shall not allow extension of their service. The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable.
National Police Force The State shall establish and maintain one police force, w hich shall be: • National in scope and • Civilian in character. To be administered and controlled by a national police commission.
Authority of local executives over the police units in their jurisdiction shall be provided by law. RA 6975 established the PNP under a reorganized department, DILG.
Mass Media and Advertising Industry Mass Media • Ownership limited to CITIZENS or CORPORATIONS WHOLLY-OWNED and MANAGED by such citizens. • Congress shall regulate or prohibit monopolies in commercial mass media. Advertising Industry • Only FILIPINO CITIZENS or CORPORATIONS or ASSOCIATIONS at least
70% be allowed to engage the entities advertising • ALLFILIPINO-OWNED EXECUTIVES andshall MANAGING OFFICERS of in such mustindustry. be CITIZENS of the Philippines. • Advertising entities affected shall have 5 years from the ratification of the Constitution to comply on GRADUATED and PROPORTIONATE basis with
the minimum Filipino ownership. XIX. TRANSITORY PROVISION Elections - First elections of members of Congress à 2nd Monday of May 1987 -- Synchronization First local elections à to be determined by President of elections: • Members of Congress and the local officials first elected shall serve until noon of June 30, 1992. • 6-year term of the incumbent President and Vice-President elected in February 7, 1986 elections is extended until noon of June 30, 1992. • Elections for President and Vice-President, Senators, Members of the House of Representatives and local office must be synchronized in 1992. Existing Laws and Treaties - All existing laws, decrees, Eos, proclamations, letters of instructions, and other executive issuances not inconsistent with the Constitution shall remain operative until amended, repealed or revoked. - All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least 2/3 of all the members of the Senate. Reserved Executive Powers - Until a law is passed, the President may fill by appointment from a list of nominees by the respective sectors, the seats reserved for sectoral representative. - Until otherwise provided by Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units compromising the Metropolitan Manila Authority. Career Civil Service - Career civil service employees separated from the service not for cause but as a result of the reorganization is entitled to appropriate separation pay and to retirement and other benefits according to law in force at the time of their separation. • In lieu of separation pay, at the option of the employees, they may be considered for employment in the government. • Apply to career officers whose resignation, tendered in line with the existing policy, had been accepted. Sequestration - Authority to issue sequestration or freeze order relative to the recovery of illgotten wealth shall remain operative for not more than 18 months after the ratification of this Constitution. Congress may extend such period. - Sequestration or freeze orders shall be issued upon showing of a prima facie case.
- The corresponding judicial action shall be filed within 6 months from ratification of this Constitution, or, if issued after ratification within 6 months from such issue. - The order is deemed automatically lifted if no judicial action or proceeding is commenced. - No particular description or specification of the kind or character of “judicial action or proceeding” much less anthe explicit requirement the corporations sequestered or of ostensible ownersfor ofthe theimpleading property of suspected to be ill-gotten. - The only qualifying requirement in the Constitution is that the action or proceeding be filed for orders of sequestration, freezing or provisional takeover. - The action or proceeding must concern or involve the matter of sequestration, freezing or provisional take-over of specific property – and should have, as objective, the demonstration by competent evidence that the property is indeed “ill-gotten wealth” over which the government has a legitimate claim for recovery and other relief. - Mere issuance of the w rit of sequestration, without the corresponding service, within the 18-month period, does not comply with the constitutional requirement. - Lifting of the sequestration orders does not ispo facto mean that sequestrated property are not ill-gotten. The effect of the lifting will m erely be the termination of the role of government as conservator of the property. - Writ of sequestration may be issued only upon authority of at least 2 PCGG Commissioners. - PCGG m ay not validly delegate its authority to sequester. - PCGG cannot perform acts of strict ownership of sequestrated property. PCGG being a mere CONSERVATOR. • Exception: case of take-over of a business belonging to the government or whose capitalization comes from public funds but which landed in private hands. - Sequestration does not automatically deprive the stockholders of their right to vote their shares of stock. Until the main sequestration case is resolved, the right to vote the sequestered shares of stocks depends on the 2-tiered tests: 1. whether there is prima facie evidence showing that the said shares are illgotten and thus belong to the State 2. whether there is an immediate danger of dissipation thus necessitating their continued sequestration and voting by PCGG while the main issue pends with the Sandiganbayan. • Does not apply in cases involving funds of “public character” • The Government is granted the authority to vote said shares: 1. where government shares are taken over by private persons or entities who/which registered them in their own names and 2. where the capitalization or shares that were acquired by public funds somehow landed on private hands. - Sandiganbayan can review the validity of sequestration orders. - Absence of express prohibition, the rule on amicable settlement or
compromise agreements in the Civil Code is applicable to PCGG cases before the Sandiganbayan. - PCGG’s authority to enter into compromise agreements involving ill-gotten wealth and to grant immunity in civil and criminal cases, without need of prior Congressional approval is sustained. - Penal violations to fall within the jurisdiction of the PCGG: 1) relate to ill-gotten wealth; 2) it ofmust the late President M arcos, his immediate family, relatives, subordinates, and close associates; 3) who took advantage of their public office and/or power, authority, influence, connections or relationships. - Those not fulfilling the above elements are not within the authority of the PCGG but within the jurisdiction of the Ombudsman and other duly authorized investigating agencies. - The invalid preliminary investigation did not impair the validity of the criminal information or otherwise render them defective; much less did not affect the jurisdiction of the Court. • The only effect is the imposition on the latter of the obligation to suspend the proceedings and to require the holding of preliminary investigation. - A mere allegation in the anti-graft complaint that the accused is a relative of then President Marcos will not suffice to enable the PCGG to take cognizance of the case. There must, in addition, be a showing that the accused has unlawfully accumulated wealth by virtue of such close relation with the former President. - Fact of sequestration alone did not automatically oust the R TC of its jurisdiction. - In order that the Sandiganbayan’s exclusive jurisdiction may be invoked, the PCGG must be a party to the suit. - The Office of the Solicitor General may validly call the PCGG for assistance and ask it to respond to a motion for a bill of particulars, considering that PCGG has the complete records of the case and, being in charge of the investigation, is more knowledgeable and better informed. 129
