PGC REVIEWER FOR FINALS “I can do everything through Christ who gives me strength.”
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ARTICLE IV: CITIZENSHIP •
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CitizenshipCitizenship- is a term denoting membership of a citizen in a political society. CitizenCitizen- is a person having the title of citizenship. Enjoys full civil and political rights and is accorded protection inside and outside the territory of the !tate. Citizenship and citizen do not e"actly mean the same as nationality and national. #uly $ %&$'- the (ilipinos were deemed )merican nationals nationals because they owed allegiance to the *nited !tates but were not citizens thereof. )ll citizens are nationals of a state not all nationals are citizens of a state. ) citizen is citizen is a member of a democratic community who enjoys full civil and political rights. )n alien is alien is a citizen of a country who is residing in or passing through another country. It is also called “foreigner”. +e is not given full rights to citizenship but is entitled to receive protection as to his person and property.
) (ilipino (ilipino citizen citizen under the %&<= Constitution who has lost his citizenship at the time of the ratification of the new Constitution is not a citizen of the 6hilippines.
CI4I5E! ;1 ;/229 E/)4I2!+I67 o
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(ilipino mothers are placed by the Constitution on e>ual footing with their husbands. 4he father or mother may be a naturalborn (ilipino or a (ilipino by naturalization or by election. ) child child born of a (ilipino (ilipino citizen citizen is a citizen of the 6hilippines although illegitimate since the Constitution does not ma?e any distinction. (!al citizenshipcitizenship - if the child is born in a state where the rule of jus soli obtains or the child@s father or mother is an alien whose country follows also the principle of jus sanguinis. &an!a"# )*+ ),*-),*-- before this date A)merican citizenB after this date A(ilipino citizen or natural-born citizenB. )n illegitimate illegitimate child follows follows the citizenship of his legally ?nown parent the mother. CI4I5E! ;1 )4*)/I5)4I27 )4*)/I5)4I27
,EE)/ 0)1! 2( )C3*II, CI4I5E!+I67 •
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Invl!nta"# $eth% $eth%-- by birth or by blood relations Vl!nta"# $eth%$eth% - by naturalization o
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atural-born citizen aturalized citizen •
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Even those who are not n ot (ilipino citizens at birth and who cannot ta?e advantage of the right given to the children of (ilipino mothers may become citizens by naturalization. 4he policy on naturalization should be guided by our own national interest.
&!s san'!inissan'!inis- blood relationship &!s slisli- birth place
Nat!"alizatinNat!"alizatin- is the act a ct formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.
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)n alien does not have a natural inherent or vested right to be admitted to citizenship in a state.
/2!! 2( CI4I5E!+I67 •
0)1! 2( )C3*II, CI4I5E!+I6 ;1 )4*)/I5)4I27 •
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C!"t- must apply for naturalization with a proper egional 4rial Court. )nd must comply with all the procedure and conditions prescribed. 4he evised aturalization )ct is the present naturalization law. Cn'"ess- law-ma?ing body simply enacts an act directly. A%$inist"ative p"cee%in's- “the )dministrative aturalization /aw of DDD” aliens born and residing in the 6hilippines may be granted the 6hilippine citizenship by administrative proceedings before a !pecial Committee on aturalization. 8I9! 2( CI4I5E! *9E 4+E C2!4I4*4I27
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E)C3*I!I4I2 2( /2!4 6+I/I66IE CI4I5E!+I67 •
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Nat!"al./"n citizens- moment of their birth to already citizens of the 6hilippines. ) (ilipino mother after the ratification of the %&<= Constitution on #anuary %< %&<= is natural-born citizen. )ll citizens are natural-born e"cept those who are naturalized and who reac>uired their citizenship. 4hose born of (ilipino mothers before #anuary %< %&<= but who failed to elect 6hilippine citizenship upon reaching the age of majority are aliens but they can be (ilipino citizens by naturalization. Nat!"alize% citizens- refer to those who were originally citizens of another country but by an intervening act have ac>uired new citizenship in a d ifferent country.
Repat"iatin- is effected by merely ta?ing the necessary oath of allegiance to the epublic of the 6hilippines and registering the same in the proper civil registry.
E((EC4 2( )I),E 2( CI4I5E 42 ) )/IE7 o
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Vl!nta"il#- by naturalization in a foreign country by e"press renunciation of citizenship by an oath of allegiance to support the constitution and by rendering services. Invl!nta"il# - by cancellation of his certificate by having been declared by competent authority. E0pat"iatin- the voluntary loss or renunciation of one@s nationality.
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9oes not lose hisFher 6hilippine citizenship even if by laws of hisFher wife@sFhusband@s country heFshe ac>uires herFhis citizenship. 4he provision clearly protects every (ilipino woman who otherwise loses her citizenship by simply marrying a foreigner. ) (ilipino woman who upon marriage to an alien ac>uires his citizenship will possess two citizenshipsG6hilippine citizenship and that of her husband.
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(!al Alle'iance- refers to the continued allegiance of naturalized nationals to their mother country even after they have ac>uired (ilipino citizenship. (!al Citizenship- refers to the possession of two citizenship by an individual that of his original citizenship and that of the country
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where he became a naturalized citizen. (e"ivative Citizenship- unmarried child legitimate illegitimate or adopted below %H years of age those who re-ac>uire 6hilippine citizenship upon the )ct shall deemed citizens of the 6hilippines.
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)4*E 2( !*((),E7 • •
9*4IE! )9 2;/I,)4I2! 2( CI4I5E!7 •
4o be loyal to the epublic 6ride in one@s country )bsolute and permanent allegiance to his government 4o love and defend the country /ove of country shown not by words but by deeds eadiness to sacrifice his life in defence of his country 4o contribute to the development and welfare of the !tate 0or?ing together for the common good 4o uphold the Constitution and obey the laws 4o cooperate with duly constituted authorities )ctive concern with affairs of government eed for civic courage and pride or sense of civic values 4o e"ercise rights responsibly and with due regard for the rights of others E"ercise of rights to prejudice others not permissible ight to liberty not absolute 4o engage in gainful wor? 9uty to be useful and productive
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inimum age ;asis- under a certain age human beings do not have the maturity e"perience education and sense of judgment that will enable them to vote o ma"imum age limit E!I9ECE 2( 3*)/I(IC)4I27
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ARTICLE V: S1FFRAGE
) citizen Amale or femaleB of the 6+ ot dis>ualified by law )t least eighteen years of age +ave resided in the 6hilippines for at least % year ' months preceding the election ),E 3*)/I(IC)4I27
member of society 9uty to wor? hard 4o register and vote 9uty to vote responsibly 9uty to guard and protect the integrity of his vote
Electin- the people choose their officials for definite and fi"ed periods Ple/iscite- it is a name given to a vote of the people e"pressing their choice for Re2e"en%!$- it is the submission of a law or part thereof passed by the national or local legislative body to the voting citizens of a country Initiative- it is the process whereby the people directly and enact laws Recall- it is a method by which a local public officer may be removed from office during his tenure 3*)/I(IC)4I2! 2( :24E!7
) mere privilege ) political right
!C26E 2( !*((),E7
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S!22"a'e- is the right to and obligation to vote
6ermanent resident of the 6hilippines for at least % year preceding the election and ' months in the province ' months in the province city or municipality is considered the minimum
length of time within which a person can ade>uately familiarize himself. 6E!2! 9I!3*)/I(IE9 42 :24E7 o
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)ny person who has been sentenced by final judgment to suffer imprisonment for not less than % year but such person shall automatically re-ac>uire the right to vote upon e"piration of J years after service sentence )ny crime li?e rebellion sedition violation of the anti-subversion and firearms laws or any crime against national security regain his right to vote upon e"piration of J years after service of sentence Insane or incompetent persons as declared by competent authority
!1!4E (2 );!E4EE :24I, ;1 3*)/I(IE9 (I/I6I2! );2)97 •
ARTICLE VI: LEGISLATIVE (EPART3ENT •
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% years is as old as the oman Empire it is obsolete %H years old today is physically at least = years ahead of an %H year old of %&DD %H year old citizens better informed than their parents 4he youth are more idealistic and more change-oriented than their elders %H years old can enter into a marriage contract why not vote tooK %H years old are mature enough to fight in defence of his country
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24+E !*;!4)4I:E E3*IEE4! 62+I;I4E97 • • •
Education !e" 4a"paying ability
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Vtin' is not mandatory or not re>uired you cannot force someone to vote
/egislature defines the rights and duties of citizens imposes ta"es appropriate funds !uch laws are valid or void as tested by their conformity or non-conformity to the Constitution. Cn'"ess- is a double-chamber body consisting of the !enate and the +ouse of epresentativesL a bicameral legislature has been created in place of the unicameral set-up provided in the %&<= Consitution.
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Le'islative p4e" - is essentially the authority under the Constitution to ma?e laws and when the need arises to alter and repeal them. 4heir tas? is to prescribe general rules for the government of society. La4s- refer to statutes which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies. (*C4I2 2( /)0!7
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Congress is mandated to provide a system of absentee voting by >ualified (ilipinos abroad.
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!econd chamber A!enateB is necessary to serve as a chec? to hasty and illconsidered legislations It serves as a training grounds It provides a representation for both regional and national interests /ess susceptible to bribery and control It is the traditional form of legislature body dating from ancient times
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ot wor?ed out as an effective “fiscalizing” or counter-chec? machinery 9ouble considerations of bills it has no assurance of better considered and better deliberated legislation It produces duplication of efforts and serious deadloc?s in the enactment of important measures with the Conference Committee of both +ouses called “third chamber” )ll things being e>ual it is more e"pensive to maintain 2nly wealthy individuals to ma?e it to the !enate
6ICI6/E 2( !E6))4I2 2( 620E!7 •
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!C26E 2( /E,I!/)4*E 620E 2( C2,E!!7 •
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Plena"# " 'ene"al- a grant of legislative power means the grant of all legislative powers for all purposes of civil government. Le'islative p4e"s nt e0p"essl# %ele'ate% %ee$e% '"ante%- the delegated powers of our Congress are broader than the legislative powers of the )merican Congress. C/)!!I(IC)4I2 2( 620E! 2( C2,E!!7
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6rimary function of the Congress is t le'islate.
Gene"al le'islative p4e" power to enact laws intended as rules of conduct to govern the relations among individuals. Speci2ic p4e"s- authorize Congress to e"ercise li?e the power to choose who shall become 6resident in case two or more candidates have an e>ual and highest number of votes. I$plie% p4e"s- power to conduct in>uiry and investigation in aid of legislation to punish for contempt to
determine the rules of its proceedings. Inhe"ent p4e"s- power of ta"ation power of eminent domain and police power.
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P"esi%ential s#ste$- = distinct classes7 the legislative, the executive, and the judicial . If one department goes beyond the limits set by the Constitution its acts are null and void. Pa"lia$enta"# s#ste$- there is a fusion rather than a separation between the two Ae"ecutive and legislativeB so that in a sense the two are one body performing two governmental functions7 policy making and policy executing . P"i$e 3iniste" is the head of government is elected by the parliament without a fi"ed term of office. F"ench p"esi%ential.pa"lia$enta"# s#ste$- the present government of (rance established in %&JH is ?nown as the (ifth epublic.
6ICI6/E 2( C+EC8! )9 ;)/)CE!7 o
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4o maintain this balance or to restore it if upset each department is given certain powers with which to chec? the others. Chec5s /# the P"esi%ent- the 6resident may veto or disapprove bills enacted by Congress. Chec5s /# Cn'"ess- Congress may override the veto of the 6resident. Chec5s /# the 6!%icia"#- the judiciary with the !upreme Court may declare legislative measures or e"ecutive acts unconstitutional.
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*pper chamber of the Congress $ !enators consecutive terms A% termM ' yearsB at noon of =Dth day of #une
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atural-born citizen )t least =J years of age )ble to read and write egistered voter ) resident of the 6hilippines for not less than years
) !enator can still run for re-election after a brea? or interval.
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!)/)IE! 2( E;E! 2( C2,E!!7
Re'iste"e% vte" - is one who has all the >ualifications for a voter and none of the dis>ualifications provided by law and who has registered himself in the list of voters.
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Resi%ence- is the place where one has his true permanent home and to which whenever absent he has the intention of returning.
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4+E +2*!E 2( E6E!E4)4I:E!7 •
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/ower chamber of the Congress Informally called “Congress” JD members ?nown as “Congressmen” 4he party-list or sectoral representatives are filled by selection or e lection from the labor peasant etc. and other sectors as may be provided by law e"cept the religious sector. = consecutive terms A% termM = yearsB
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atural-born citizen )t least J years of age )ble to read and write egistered voter ) resident not less than % year
8I9! 2( E/EC4I2 (2 E;E! 2( C2,E!!7
Congress is not prohibited from increasing and decreasing the salary of its members. +owever any increase can ta?e effect only after the e"piration of the full term of the members approving such increase. Congress has the power to provide for higher compensation.
(EE92 (2 )E!4 2( E;E! 2( C2,E!!7 •
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Re'!la" electin- it shall be held on the nd onday of ay. 4he purpose of regular election is to give the people an opportunity to renew or withhold their mandate on elected officials. Special electin- in case of vacancy arises in the !enate or +2. 4he !enator or +2 elected shall serve only for the une"pired term. 4he holding of a special election is not made mandatory by the Constitution.
While Cn'"ess is in sessin- every member of congress is entitled to the privilege from arrest while Congress is in session whether or not he is attending session. Congress is considered in session regular or special for as long as it has not adjourned. Ai$ 2 p"ivile'e- to enable members of the Congress to discharge their functions ade>uately and without fear. 4he legislator@s motive whether good or bad is immaterial. It is true that the privilege may be abused.
0+E I*I41 C)24 ;E I:28E97 • •
ore than ' years imprisonment 4he Congress is no longer in session. 4he privilege is a personal one and may be waived.
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4he member is not acting as a member of Congress. +e is not entitled to any privilege above his fellow citizens. 4he member is being >uestioned in Congress itself his words and conduct are disorderly an unbecoming of a member thereof. !E!!I2! 2( C2,E!!7
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Re'!la" sessin- $th onday of #uly no prohibition from holding sessions on !aturdays !undays and legal holidays. Congress shall be virtually in session for the entire year. 4he Congress may legislate on any matter it deems fit. Special sessin- the 6resident calls Congress for session. E0ec!tive sessins- secret meetings of Congress.
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4he rules promulgated should not ignore constitutional restraints or violate fundamental rights. 4hey cannot repeal or alter statutes. 4he Constitution and statutes are superior to the internal rules of Congress.
620E 2( E)C+ +2*!E 42 6*I!+ I4! E;E!7 • •
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Nat!"e- to punish or e"pel Reasn 2" '"ant 2 p4e" - may be physically mentally or morally unfit or afflicted with contagious disease or insane or noisy or violent and disorderly or in the habit of using profane obscene and abusive language. F"$ 2 p!nish$ent- form of reprimand fine and forfeiture of salary imprisonment suspension and e"pulsion.
620E! )9 (*C4I2! 2( !E)4E 6E!I9E4 )9 +2*!E !6E)8E7 o
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4hey are implied from their position as administrative heads and presiding officers of their respective chambers. 4hey are preserve order and decorum decide all >uestions of order sign acts resolutions orders and warrants issue subpoenas and appoint personnel and discipline them.
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7!"!$- number of the membership of an assembly. In the absence of >uorum a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner.
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4o suspend or e"pel a member is to need two thirds of all the members of each +ouse is necessary. If the penalty is suspension this shall not e"ceed 'D days. Each +ouse has no power to suspend a member for an indefinite period of time. )n indefinite suspension is considered worse than e"pulsion. Le'islative 6!"nal- is defined as the official record of what is done and passed in a legislative assembly. 8eas Aaffirmative votesB and na#s Anegative votesB.
Electoral 4ribunal A& membersB
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R!les 2 p"ce%!"e- are the rules made by any legislative body to regulate the mode and manner of conducting its business.
= #ustices of !upreme Court Adesignated by the Chief #usticeB ' members of the !enate or +ouse of epresentative
C2I!!I2 2 )662I4E4! I C2,E!!7 •
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It is composed of J membersGthe 6resident of the !enate as e " officio chairman % !enators and % members of the +2. P4e" " 2!nctin- the power of the Commission on )ppointment is to approve or disapprove appointments submitted to it by the 6resident.
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E)I, 2( 24+E ;I//!7
620E 2( C2,E!! 42 9EC/)E ENI!4ECE 2( ) !4)4E 2( 0)7 •
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4he Constitution grants Congress the sole power to declare the e"istence of a state of war. 2ccurrence of two thirds of both houses in joint session assembled. 4he 6resident may find it necessary to engage in war without waiting for Congress to ma?e a declaration of war. 4he war contemplated here is a defensive not an aggressive war. 4he phrase “to declare war” in the %&=J Constitution was changed to “to declare the e"istence of war” in the %&<= Constitution.
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4he emergency powers may be granted by law to the 6resident only in times of war. •
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App"p"iatins /ill- is one the primary and specific aim of which is to ma?e appropriations of money from the public treasury.
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App"p"iatin- is an authorization made by law Ann!al " 'ene"al app"p"iatins - is more popularly ?nown as the budget
Special " s!pple$ental app"p"iatins - include not contained in a budget Speci2ic app"p"iatin- set aside a named sum of money of a particular e"pense Cntin!in' app"p"iatins - provides a definite sum to be always a vailable from year to year
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Reven!e /ill- is to raise revenue Ta"i22 /ill- reference to one imposing customs duties for revenue purposes. 9ill a!th"izin' 2 the p!/lic %e/t creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations. 9ill 2 lcal applicatin- affecting purely local or municipal P"ivate /ill- affecting purely private interests.
4he +ouse of epresentative has the e"clusive authority to ta?e the initiative in the presentation of the bills mentioned.
9!%'et- is the financial program of the national government for a designated calendar year. 9ill- a proposed law a draft of a law submitted to the consideration of a legislative body for its adoption. H%'e.p%'e " l'."llin' le'islatin- refers to any measure containing several subjects on unrelated matters combined together for the purpose of securing the support of members. !tatute- is the written will of the legislature.
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!tatutes- enacted by the former ;atasang 6ambansa.
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(2)/ 6)4! 2( ) /)07
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4itle 6reamble Enacting clause ;ody Effectivity clause
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S!/$issin t 6int /ica$e"al c$$ittee- vice versa is submitted to a conference. S!/$issin t the P"esi%ent - )pproval or disapproval he either signs it into law or vetoes and sends bac? with his veto message. If the 6resident does not communicate his veto of the bill to the +ouse where it originated within =D days from receipt it shall become a law.
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Fi"st Rea%in'- the bill is filed with the 2ffice of the !ecretary where it is given a corresponding number and calendared for first reading. 4he principal author of the bill may propose the inclusion of additional authors. 4he bill is read by its number and title Re2e""al t app"p"iate c$$ittee- for study and consideration. It may conduct hearings and consultation meetings. )pproves the bill with or without amendments. If disapproved it he bills dies. Secn% Rea%in'- reports the bill favourably. It can be calendared for deliberation. 4he bill is read for the second time. (e/ates- amendments may be proposed by any member of Congress. 4he insertion or changes shall be done in accordance with the rules. ay either “?ill” or pass the bill. P"intin' an% %ist"i/!tin - the bill is then ordered printed in its final form. = days before its passage Thi"% Rea%in'- only the title of the bill is read on the floor. ominal voting is held. 1eas and nays are entered in the journal. )ny member may abstain. Re2e""al t the the" H!se- if approved the bill is then referred to the other +ouse where the same procedure ta?es place. If without changes or amendments the !enate 6resident and the !pea?er of the +ouse will sign the final version.
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Pc5et vet- disapproval of a bill by inaction on the 6resident Resl!tin- as a formal e"pression of opinion. 1ni2"$it#- all ta"able articles or properties of the same class shall be ta"ed at the same rate. E!it#- re>uires that such apportionment be more or less just in the light of the ta" payer@s ability to shoulder the ta" burden. Inc$pati/le O22ice- he cannot accept the post F"/i%%en O22ice- the post already e"ists because the person is already creating.
ARTICLE VII: E;EC1TIVE (EPART3ENT E0ec!tive p4e" - to administer the laws which means carrying them into practical operation and enforcing their due observance. 3*)/I(IC)4I2!7 • • • • •
atural-born citizen egistered voter )ble to read and write )t least $D years old esident of the 6hilippines for at least %D years
A6resident and :ice 6resident must have the same >ualifications.B
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' years term at noon on the =D th day of #une. 4+E :ICE-6E!I9E47
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+e may be appointed as a member of the Cabinet without need of confirmation by the Commission on )ppointments in Congress.
EE/EC4I2 2( 6E!I9E4 )9 :ICE6E!I9E47 o
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E/EC4I2 2( 4+E 6E!I9E4 )9 :ICE6E!I9E47 •
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(i"ect vtin'- this is considered more democratic and more in ?eeping with the (ilipino culture and tradition that they individually vote for their leaderGtheir choice of the man Aor womanB who would be their 6resident. ) 6resident elected by the law-ma?ing body with no fi"ed term may become subservient to the members to ?eep their support. Election by Congress in case of a tiethe 6resident shall be chosen for the term fi"ed in the Constitution by a vote of a majority of all the members of Congress in session assembled. Election shall be held on the nd onday of ay.
Te"$ 2 22ice- duration or length of time during which an officer may claim to hold the office. Ten!"e 2 22ice- actual incumbency which represents the period during which the incumbent actually holds the office. Ri'ht t hl% 22ice- is the just and legal claim to enjoy the powers and responsibility of the office. O22ice- is an institutional unit of government. Te"$- is a matter of time during which a person may hold the office.
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) person who has held the office of 6resident is absolutely dis>ualified for any re-election. :ice 6resident he cannot serve for more than successive terms but he is still eligible for election as 6resident. +e who succeeded and served as 6resident for more than $ years is also dis>ualified for election to the same office at any other time. 4he 6resident and :ice-6resident may be elected to a lower position.
E)!2! (2 62+I;I4I2 ),)I!4 EE/EC4I2 2( 6E!I9E47 o
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) 6resident who see?s a second term is under a terrific handicap in the performance of his functions.
Congress is empowered to promulgate its rules for the canvassing of the certificates. 4he !upreme Court shall be the sole judge of electoral disputes involving the 6resident-elect or :ice-6resident-elect.
Oath- is an outward pledge made under an immediate sense of responsibility to ,od. If the 6resident :ice-6resident or )cting 6resident does not believe in ,od he ma?es an affirmation. “I do solemnly swear” to “I do solemnly affirm”. 4he affirmation is e>uivalent to an oath. 4he oath-ta?ing mar?s the formal induction of the 6resident :ice6resident or )cting 6resident in office. 4he official residence of the 6resident shall be determined by law.
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)nnual compensation of the 6resident and :ice-6resident shall be provided by law. It cannot be increased or decreased. 4he 6resident-elect and the :ice6resident-elect shall assume office at the beginning of their terms. If the 6resident shall not have been chosen the :ice-6resent-elect shall act as 6resident. If the 6resident-elect fails to >ualify the :ice-6resident-elect will act as 6resident. If the 6resident dies the :ice-6resident will act as 6resident. If there is no 6resident and :ice6resident if both died permanent disabled the !enate 6resident or the !pea?er of the +ouse shall act as 6resident until a 6resident or :ice6resident shall have been chosen. 4he Congress shall provide who is to act as 6resident or :ice-6resident. 0henever there is a vacancy in the 2ffice of the :ice-6resident during the term for which he was elected the 6resident shall nominate a :ice6resident from the members of the !enate and the +2. Appint$ent- is an act of designation by the e"ecutive officer board or body to whom the power has been delegated of the individual who is to e"ercise the functions of a given office. (esi'natin- is simply the mere imposition of new or additional duties upon an office already in the government service to temporarily perform the functions of an office. Re$val- is the ouster of an incumbent before the e"piration of his term of office.
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!4E6! I 4+E )662I4I, 62CE!!7 •
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Appint$ent- it is the act of appointing power. Acceptance- it is the act of the appointee.
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E0p"ess- when done verbally or in writing. I$plie%- without formal acceptance.
4he 6resident shall have control of a ll the e"ecutive departments bureaus and offices. +e shall ensure that the laws be faithfully e"ecuted. 6rimary function of the 6resident is t en2"ce la4s. 4he 6resident shall be the Commanderin-Chief of all armed forces of the 6hilippines. In case of invasion or rebellion he may or a period not e"ceeding 'D days suspend the privilege of the writ habeas corpus or place the 6hilippines or any part under martial law. 0ithin $H hours from the proclamation of martial law the 6resident shall submit a report in person to the Congress. 4he !upreme Court may review the sufficiency of the factual basis of the proclamation. ) state of martial law does not suspend the operation of the Constitution. 9uring the suspension of the privilege of the writ any person arrested or detained shall be judicially charged within = da ys. )s Commander-in-Chief the 6resident has the control of the military organization and personnel whether in peace time or in war time. +e is empowered to create military tribunals. Congress shares with the 6resident his authority over the armed forces. 4o it belongs the sole power to declare the e"istence of a state of war. 4he proclamation of martial law does not automatically suspend the privilege of the writ. 3a"tial La4- the rules governing the conduct of military forces in times of war and in places under military occupation. It is the military law proper. It has
application when the military arm does not supersede civil authority but is called upon. ;)!I! 2;#EC4 )9 9*)4I2 2( )4I)/ /)07 •
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9asis- the right to declare apply and e"ercise martial law is one of the rights of sovereignty. 4he right to declare and carry on war. O/6ect- is the preservation of the public safety and good order. (!"atin- the e"ercise of power may not e"tend beyond what is re>uired by the e"igency which it call forth.
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9I!4I,*I!+E9 (2 I4E)4I2)/ ),EEE4 )9 ENEC*4I:E ),EEE47 •
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Rep"ieve- is the postponement of the e"ecution of a death sentence to a certain date. S!spensin 2 sentence- is the postponement of a sentence for an indefinite time. C$$!tatin- is the reduction of the sentence imposed to a lesser punishment as from death to life imprisonment. Pa"%n- as an act of grace proceeding from the power entrusted with the e"ecution of the laws. ebellion !edition Insurrection
A/sl!te- it is not subject to any condition whatsoever. Cn%itinal- it is given subject to any condition or >ualification the 6resident may see fit. A$nest#- is an act of the sovereign power granting oblivion or a general pardon. T"eat#- may be defined as a compact made between two or more states.
Inte"natinal a'"ee$ent- e"cludes agreements entered into between states and international organizations. E0ec!tive a'"ee$ent- traditionally recognized in the 6hilippines to be well within the prerogative of the 6resident to ma?e without need for legislative concurrence. !4E6! I 4E)41-)8I,7
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Ne'tiatin- the 6resident alone has the sole authority. App"val " "ati2icatin- no treaty or international agreement shall be valid and effective unless concurred in by at least F= of all members of the !enate.
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4he 6resident shall submit to the Congress within =D days from the opening of every regular session. 6resident shall address the Congress at the opening of its regular session.
8I9! 2( 6)927
