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sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
Definition of Archipelago An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930). Definition of all other territories over which the Philippines has sovereignty or jurisdiction It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory. Archipelagic principle Two elements: 1. The definition of internal waters (as provided above); 2. The straight baseline method of delineating the territorial sea consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast. Important distances with respect to the waters around the Philippines 1. Territorial sea 2. Contiguous zone 3. Exclusive economic zone 12 nautical miles (n.m.) 12 n.m. from the edge of the territorial sea 200 n.m. from the baseline [includes (1) and (2)]
A community of persons, more or less numerous (PEOPLE) Permanently occupying a definite portion of territory (TERRITORY) Independent of external control (SOVEREIGNTY) Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT) CODE: CNCH
Definition of People 1. 2. 3. 4.
A Community of persons; Sufficient in Number; Capable of maintaining the continued existence of the community; and Held together by a common bond of law.
Definition of Sovereignty 1. LEGAL sovereignty a. The supreme power to make law. b. It is lodged in the people. 2. POLITICAL sovereignty a. The sum total of all the influences in a state, b. Legal and non-legal, c. Which determine the course of law. 3. According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. Definition of Government 1. 2. 3. 4. 5. That institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.
Classification of governments 1. De jure 2. De facto - one established by the authority of the legitimate sovereign - one established in defiance of the legitimate sovereign
Classification of de facto governments 1. De facto proper a. That government that gets possession and control of b. or usurps by force or by the voice of majority c. the rightful legal government d. and maintains itself against the will of the latter. 2. Government of paramount force a. That which is established and maintained by military forces
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority/supremacy clause (1st sentence) 1. Civilian authority simply means the supremacy of the law because authority, under our constitutional system, can only come from law. 2. Under this clause, the soldier renounces political ambition. Mark of sovereignty (2nd and 3rd sentences) 1. Positively, this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. 2. Negatively, it is an expression of disapproval of military abuses. SEC 4. 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
SEC. 16. 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. 1. While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran) The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v. Factoran)
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SEC. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. SEC. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
Aspects of Due Process: 1. Procedural due process refers to the mode of procedure which government agencies must follow in the enforcement and application of laws. 2. Substantive due process prohibition against arbitrary laws. Note: PROCEDURAL DUE PROCESS: 1. A law which hears before it condemns. 2. Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting ones person or property (Lopez v. Dir. of Lands) 3. Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Requisites of PROCEDURAL due process: For JUDICIAL proceedings: CODE: C J N O H 1. A court or tribunal clothed with judicial power to hear and determine the matter before it. 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings. 3. The defendant must be given notice and an opportunity to be heard. 4. Judgment must be rendered upon a lawful hearing. For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof. 2. The tribunal must consider the evidence presented. 3. The decision must have something to support itself. 4. Evidence supporting the conclusion must be substantial. 5. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. 6. The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered. Note: 1. What is required is not actual hearing, but a real opportunity to be heard.
Rest on SUBSTANTIAL DISTINCTIONS Be GERMANE to the purposes of the law NOT LIMITED TO EXISTING CONDITIONS only APPLY EQUALLY to all members of the SAME CLASS.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest Requisites for a valid warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE. 2. The existence of probable cause is determined personally by the JUDGE. 3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. 4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. Definition of PROBABLE CAUSE For the issuance of a warrant of arrest: Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. For the issuance of a search warrant: Probable cause would mean such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.
B. The search must be made simultaneously with the arrest and it may only be made in the area within the reach of the person arrested 2. Search of moving vehicles A. This exception is based on exigency. Thus, if there is time to obtain a warrant in order to search the vehicle, a warrant must first be obtained. B. The search of a moving vehicle must be based on probable cause. 3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code A. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws. B. Exception: A search warrant is required for the search of a dwelling house. C. Searches under this exception include searches at borders and ports of entry. Searches in these areas do not require the existence of probable cause 4. Seizure of evidence in plain view A. To be a valid warrantless search, the articles must be open to the eye and hand. B. The peace officer comes upon them inadvertently. 5. Waiver of right A. Requisites of a valid waiver: i. ii. iii. The right exists. The person had actual or constructive knowledge of the existence of such right. There is an actual intention to relinquish such right.
B. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same. C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver. D. The search made pursuant to the waiver must be made within the scope of the waiver. Note: 1. Checkpoints: as long as the vehicle is neither searched nor its occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte V. De Villa) 2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction 3. The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges, but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order.
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3. Rules on assembly in private properties: Only the consent of the owner of the property or person entitled to possession thereof is required.
Section 5. 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. Clauses under Section 5 1. Non-establishment clause 2. Free exercise of Religion Distinction between the clauses (School District v. Schempp, 374 US 203) 1. The non-establishment clause does not depend upon any showing of direct governmental compulsion. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. The test of compliance with the non-establishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment clause, two requisites must be met. First, it has a secular legislative purpose. Second, its primary effect neither advances nor inhibits religion. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. While the freedom to believe (non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to government regulation.
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Requisites for government aid to be allowable: 1. It must have a secular legislative purpose; 2. It must have a primary effect that neither advances nor inhibits religion; 3. It must not require excessive entanglement with recipient institutions.
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2. Right to travel
Note: The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus) Section 7. The right of the people to information on matters of public concern shall be recognized. Rights guaranteed under Section 7 1. Right to information on matters of public concern 2. Right of access to official records and documents Persons entitled to the above rights Only Filipino citizens. Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized restrictions on the right of the people to information: 1. 2. 3. 4. 5. 6. 7. 8. National security matters Intelligence information Trade secrets Banking transactions Diplomatic correspondence Executive sessions Closed door cabinet meetings Supreme Court deliberations
Section 8. 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. The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In
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B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare title still remains with the owner. "PUBLIC USE" 1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is used in the concept of police power. 2. Examples of public use include land reform and socialized housing. "JUST COMPENSATION" 1. Compensation is just if the owner receives a sum equivalent to the market value of his property. Market value is generally defined as the fair value of
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Rights of person under investigation for the Commission of an offense CODE: SCISI 1) 2) 3) 4) Right to remain silent Right to have competent and independent counsel, preferably of his own choice Right to provided with the services of counsel if he cannot afford the services of one. Right to be informed of these rights.
When rights are available: 1) AFTER a person has been taken into custody or
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Section 13. Right to bail Who are entitled to bail: 1) All persons ACTUALLY DETAINED 2) shall, BEFORE CONVICTION 3) Be entitled to bail. Who are not entitled to bail: 1) 2) 3) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong Persons CONVICTED by the trial court. Bail is only discretionary pending appeal. Persons who are members of the AFP facing a court martial.
Other rights in relation to bail. 1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended. 2) Excessive bail shall not be required. Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nature of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 5) Health of the accused 6) Strength of the evidence 7) Probability of appearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused was a fugitive from justice when arrested 10) If accused is under bond in other cases
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Section 14. Rights of an accused Rights of a person charged with a criminal offense 1. 2. 3. 4. 5. 6. 7. Right to due process of law Right to be presumed innocent Right to be heard by himself and counsel Right to be informed of the nature and cause of the accusation against him Right to have a speedy, impartial and public trial Right to meet the witnesses face to face Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf
DUE PROCESS This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. PRESUMPTION OF INNOCENCE The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed. Presumption of guilt should not be conclusive. RIGHT TO BE HEAR BY HIMSELF AND COUNSEL The right to be heard includes the following rights: 1. Right to be present at the trial A. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. B. After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites are met. Note, that trial in absentia is allowed only if the accused has been validly arraigned. (i) (ii) Accused has been duly notified; and His failure to appear is unjustifiable.
C. The accused may waive the right to be present at the trial by not showing up. However, the court can still compel the attendance of the accused if necessary for identification purposes. EXCEPTION: If the accused, after arraignment, has stipulated that he is indeed the person charged with the offense and named in the information, and that any time a witness refers to a name by which he is known, the witness is to be understood as referring to him.
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The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL Factors used in determining whether the right to a speedy trial has been violated 1) 2) 3) 4) 5) Time expired from the filing of the information Length of delay involved Reasons for the delay Assertion or non-assertion of the right by the accused Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the accuseds right to speedy trial If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal was made with the consent of the accused Remedy of the accused if his right to speedy trial has been violated He can move for the dismissal of the case. If he is detained, he can file a petition for the issuance of writ of habeas corpus.
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Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Distinction between Section 14 and Section 16 While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings. Section 17. No person shall be compelled to be a witness against himself. When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Distinction between an accused and an ordinary witness 1. An accused can refuse to take the witness stand by invoking the right against selfincrimination.
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When the right can be invoked: 1. In criminal cases 2. In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of property) Who can invoke the right: Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them.
Section 18. Right against involuntary servitude Definition of involuntary servitude It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. Exceptions: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. Return to work order issued by the DOLE Secretary or the President
Section 19. Prohibition against cruel, degrading and inhuman punishment When is a penalty cruel, degrading and inhuman? 1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being drawn and quartered. 2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and feathered, then paraded throughout town. Standards used: 1. The punishment must not be so severe as to be degrading to the dignity of human beings. 2. It must not be applied arbitrarily. 3. It must not be unacceptable to contemporary society 4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment would.
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Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Requisites for a valid defense of double jeopardy: CODE: ATS 1) First jeopardy must have attached prior to the second. 2) The first jeopardy must have terminated. 3) The second jeopardy must be for the same offense as that in the first. When does jeopardy ATTACH: (1st requisite) CODE: CICAV 1) A person is charged 2) Under a complaint or information sufficient in form and substance to sustain a conviction 3) Before a court of competent jurisdiction 4) After the person is arraigned 5) Such person enters a valid plea. When does jeopardy NOT attach: 1) If information does not charge any offense 2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court thereafter acquits him without entering a new plea of not guilty for accused. 3) If the information for an offense cognizable by the RTC is filed with the MTC. 4) If a complaint filed for preliminary investigation is dismissed. When does first jeopardy TERMINATE: (2ND REQUISITE) 1) 2) 3) 4) Acquittal Conviction Dismissal W/O the EXPRESS consent of the accused Dismissal on the merits.
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1) One which makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action. 2) One which aggravates the crime or makes it greater than when it was committed. 3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. 4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. 5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right, which, when done, was lawful. 6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws. Definition of BILL OF ATTAINDER 1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. 2) The bill of attainder does not need to be directed at a specifically named person. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. 3) Elements of the bill of attainder A. There must be a LAW. B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP. C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial. ARTICLE IV CITIZENSHIP Who are citizens of the Philippines? 1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution 2) Those whose fathers or mothers are citizens of the Philippines. 3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. 4) Those who are naturalized in accordance with law. Modes of acquiring citizenship: 1) Jus Soli acquisition of citizenship on the basis of place of birth 2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship 3) Naturalization the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. Note: The Philippines follows (2) and (3) Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the
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How may one reacquire citizenship: 1. By direct act of Congress 2. By naturalization 3. By repatriation
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Citizen of the Philippines Not Disqualified by law At least 18 years old Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines. 2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. Disqualifications: 1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by plenary pardon. 2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines. 3) Insane or feeble-minded persons. Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence.
ARTICLE VI THE LEGISLATIVE DEPARTMENT SEC. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. Definition of Legislative Power: The authority to make laws and to alter or repeal them. Classification of legislative power: (O De CO) 1. Original Possessed by the people in their sovereign capacity 2. Delegated Possessed by Congress and other legislative bodies by virtue of the Constitution 3. Constituent The power to amend or revise the Constitution 4. Ordinary The power to pass ordinary laws Note: The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit.
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Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications. Term of Office:
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Term of Office 1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. 2. 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 he was elected. Term Limitations No member of the House of Representatives shall serve for more than three (3) consecutive terms.
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SEC. 10. Salaries of Senators and Members of the House Determination of Salaries: Salaries of Senators and Members of the House of Representatives shall be determined by law. Rule on increase in salaries: No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE. Note: Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits.
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(ii)
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SEC. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION WHEN APPLICABLE 1. Senator/Member of the House cannot During his term. If he does so, he forfeits hold any other office or employment in the his seat. Government or any subdivision, agency or Instrumentality thereof, including GOCCS or their subsidiaries. 2. Legislators cannot be appointed to any IF the office was created or the office. emoluments thereof increased during the term for which he was elected. 3. Legislators cannot personally appear as During his term of office. counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies.
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SEC. 15: REGULAR AND SPECIAL SESSIONS Regular Sessions: 1.) Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law) 2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays. Special Sessions: Called by the President at any time when Congress is not in session. SEC. 16. Officers: 1.) Senate President; 2.) Speaker of the House; and 3.) Each House may choose such other officers as it may deem necessary. Election of Officers By a majority vote of all respective members. Quorum to do business: 1. Majority of each House shall constitute a quorum. 2. A smaller number may adjourn from day to day and may compel the attendance of absent members. 3. In computing a quorum, members who are outside the country and thus outside of each Houses coercive jurisdiction are not included. Internal Rules: 1. Each House shall determine its own procedural rules. 2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. 3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require. Discipline: 1.) Suspension a. Concurrence of 2/3 of ALL its members and b. Shall not exceed 60 days. 2.) Expulsion a. Concurrence of 2/3 of ALL its members.
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Sections 21-22: LEGISLATIVE INQUIRIES Scope: 1. Either House or any of their committees may conduct inquires in aid of legislation.
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Note: The Senate may, however, propose or concur with amendments. Appropriation bills 1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. 2. Thus, a bill enacting the budget is an appropriations bill. 3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. Revenue Bill 1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.
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Bills of local application A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: 1. For appropriation bills:
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e. Transfer of appropriations: i. ii. Rule: No law shall be passed authorizing any transfer of appropriations BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations - President - President of the Senate - Speaker of the House of Representatives - Chief of Justice of the Supreme Court - Heads of the Constitutional Commissions
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Discretionary funds appropriated for particular officials shall be: i. Disbursed only for public purposes; ii. Should be supported by appropriate vouchers; and iii. Subject to guidelines as may be prescribed by law.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year: i. The GAB for the previous year is deemed reenacted ii. It will remain in full force and effect until the GAB is passed by Congress. 2. For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. 3. For bills in general a. Every bill shall embrace only one (1) subject, as expressed in the title thereof i. ii. As a mandatory requirement The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses the general subject of the bill and all the provisions of the statute are germane to that general subject. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. Thus, a repealing clause in the bill is considered germane to the subject matter of the bill.
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b. Readings 1. In order to become a law, each bill must pass three (3) readings in both Houses.
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Delegation of power to fix rates 1) Congress may, BY LAW, authorize the President to fix the following: a) Tariff rates b) Import and Export Quotas c) Tonnage and wharfage dues d) Other duties and imposts Within the framework of the national development program of the Government 2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose. Constitutional tax exemptions: 1) The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M- CA) a) b) c) d) e) 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.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3)) 3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse 1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law. a) This places the control of public funds in the hands of Congress. b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation. 2) Limitations.
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c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen. d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions 3) Special Funds a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government Section 32. INITIATIVE AND REFERENDUM 1) Through the system of initiative and referendum, the 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. 2) Required Petition a) Should be signed by at least 10% of the total number of registered voters b) Every legislative district should be represented by at least 3% of the registered voters c) Petition should be registered ARTICLE VII. THE EXECUTIVE DEPARTMENT Section 1. EXECUTIVE POWER Scope: 1) Executive power is vested in the President of the Philippines. 2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office. 3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit. 4) BUT The President CANNOT dispose of state property unless authorized by law.
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Note: The Vice-President has the same qualifications & term of office as the President. He is elected with & in the same manner as the President. He may be removed from office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President and Vice-President shall be elected by direct vote of the people. 2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President. 3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress, assembled in joint public session. 4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes. 5) The person receiving the highest number of votes shall be proclaimed elected. 6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken. 7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose. Term of Office 1) President a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later. b) Term limitation: Single term only; not eligible for any reelection. c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time. 2) Vice-President: a) 6 years, starting and ending the same time as the President. b) Term limitation: 2 successive terms.
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Sections 7-12, PRESIDENTIAL SUCCESSION 1. Vacancies at the beginning of the term VACANCY President-elect fails to qualify or to be chosen President-elect dies or is permanently disabled. Both President and VP-elect are not chosen or do not qualify or both die, or both become permanently disabled. SUCCESSOR VP-elect will be Acting President until someone is qualified/chosen as President. VP becomes President. 1. Senate President or 2. In case of his inability, the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified. In case of death or disability of (1) and (2), Congress shall determine, by law, who will be the acting President.
2. Vacancies after the office is initially filled: VACANCY President dies, is permanently disabled, is impeached, or resigns. Both President and Vice-President die, become permanently disabled, are impeached, or resign. SUCCESSOR Vice-President becomes President for the unexpired term. 1. Senate President or 2. In case of his inability, the Speaker of the House shall act as President until the President or VP shall have been elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in Congress) 4) Election of President and Vice-President after vacancy during tem a) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended.
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c)
The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law. The 3 readings for the special law need not be held on separate days. The law shall be deemed enacted upon its approval on third reading.
d) e)
BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election. 5) Temporary disability of the President: The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. (i) (ii) The VP will immediately be Acting President. BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call. Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.
(iii)
(iv)
6) Presidential Illness: a) If the President is seriously ill, the public must be informed thereof. b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President Section 13. DISQUALIFICATIONS SUBJECT SOURCE OF DISQUALIFICATION President, Vice-President, Prohibited from: Cabinet Members, Deputies or 1. Holding any office or employment during their Assistants of Cabinet Members tenure, UNLESS: a. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or b. the positions are ex-officio and they do not receive
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3. 4.
N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7. th Spouses and 4 degree Cannot be appointed during Presidents tenure as: relatives of the President (consanguinity or affinity) 1. Members of the Constitutional Commissions; 2. Office of the Ombudsman; 3. Department Secretaries; 4. Department under-secretaries; 5. Chairman or heads of bureaus or offices including GOCCs and their subsidiaries. N.B. a. If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, NOT continuation in office. b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.
Sections 14-16. POWER TO APPOINT Principles: 1) 2) Since the power to appoint is executive in nature, Congress cannot usurp this function. While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the Presidents prerogative.
Scope: The President shall appoint the following: 1) 2) 3) 4) Heads of executive departments (CA confirmation needed): Ambassadors, other public ministers, and consuls (CA confirmation needed). Officers of AFP from rank of colonel or naval captain (CA confirmation needed). Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as: a) Chairmen and members of the COMELEC, COA and CSC. b) Regular members of the Judicial and Bar Council. c) The Ombudsman and his deputies; d) Sectoral representatives in Congress.
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5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint. a) This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution. b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or commissions. c) BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CAs power as provided for in the Constitution.
d)
Procedure: 1) CA confirmation needed: a) b) c) d) Nomination by President Confirmation by CA Appointment by President; and Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment. 2) No CA confirmation: a) Appointment; and b) Acceptance. Note: Once appointee accepts, President can no longer withdraw the appointment. Ad-interim appointments: 1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation. 2) These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress. 3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA approval. Appointments by an Acting President: These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office. Limitation
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Section 17. Power of Control and Supervision Power of Control: The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices. The Presidents power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute. Qualified Political Agency: 1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are assistants and agents of the President. 2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are presumptively the acts of the President. 3) Exception: If the acts are disapproved or reprobated by the President. 4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to grant pardons must be exercised personally by the President. Disciplinary Powers: 1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power control. 2) BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office. Power of Supervision: 1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.
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3. Limitations: a. Suspension or proclamation is effective for only 60 days. b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress. c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation. d. In the same manner, at the Presidents initiative, Congress can extend the same for a period determined by Congress if: i. Invasion or rebellion persist and ii. Public safety requires it. NOTE: Congress CANNOT extend the period motu propio. e. Supreme Court review: i. The appropriate proceeding can be filed by any citizen. ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
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3.) ALSO: The power to grant clemency includes cases involving administrative penalties. 4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. Limitations: 1.) As to scope: Cannot be granted: a.) Before conviction b.) In cases of impeachment c.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC d.) In cases of civil or legislative contempt 2.) As to effect: a.) Does not absolve civil liabilities for an offense. b.) Does not restore public offices already forfeited, although eligibility for the same may be restored. Amnesty:
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Private act of President. It must be proved. Only penalties are extinguished. May or may not restore political rights. Absolute pardon restores. Conditional does not. Civil indemnity is not extinguished. May be granted before or after Only granted after conviction by final conviction judgement
Section 20. Power to Contract or Guarantee Foreign Loans Limitations: (1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and (2) Subject to such limitations as may be provided by law. Section 21. Foreign Relations Powers include: (1) Power to negotiate treaties and other international agreements (a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country. (b) Options of Senate when a treaty is submitted for its approval: (i) Approve with 2/3 majority; (ii) Disapprove outright; or (iii) Approve conditionally, with suggested amendments. (c) If treaty is not re-negotiated, no treaty (d) If treaty is re-negotiated and the Senates suggestions are incorporated, the treaty will go into effect without need of further Senate approval. Note: While our municipal law makes a distinction between international agreements and executive agreements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction. Note: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition. (e) Conflict between treaty and municipal law.
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(b) In the absence of any legislative restriction to authority, the President may still exercise this power. (c) The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing. BUT: The alien is not entitled to bail as a matter of right.
ARTICLE VIII. THE JUDICIAL DEPARTMENT SEC. 1. JUDICIAL POWER Scope: 1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. 2. Vested in the Supreme Court and such lower courts as may be established by law. 3. Since the courts are given judicial power and nothing more, courts m ay neither attempt to assume or be compelled to perform non-judicial functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. 4. In order that courts may exercise this power, there must exist the following: a. b. c. An actual controversy with legally demandable and enforceable rights; Involving real parties in interest; The exercise of such power will bind the parties by virtue of the courts application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are violated, there can be no recourse to the courts. 6. The courts cannot be asked for advisory opinions. 7. Judicial power includes:
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Political Questions: 1. A political question is one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their sovereign capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments. SEC. 2. ROLES OF CONGRESS 1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. 3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts. 4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 5. Creation and abolition of courts: a. The power to create courts implies the power to abolish and even reorganize courts. b. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. c. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule applies for civil servants)
SEC. 3. FISCAL AUTONOMY 1. The entire judiciary shall enjoy fiscal autonomy. 2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. 3. Once approved, appropriations shall be automatically and regularly released. SECS. 4-7; 12 JUDICIARY Composition of the Supreme Court: 1. 2. Chief Justice and 14 Associate Justices
Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. Qualifications of members of the SC:
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Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 1. 2. 3. 4. Natural born citizen of the Philippines Member of the Philippine bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Qualifications of judges of lower non-collegiate courts: 1. 2. 3. 4. Citizen of the Philippines (may be a naturalized citizen) Member of the Philippine Bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Section 8. JUDICIAL AND BAR COUNCIL 1. The Judicial and Bar Council is under the supervision of the SC. A. Is under the supervision of the Supreme Court and is composed of: 1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of Congress, as an ex-officio member 4. Representative of the Integrated Bar 5. A professor of law 6. A retired member of the SC; and 7. Private sector representative Note: The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with staggered terms. B. Functions of JBC 1. Principal function: recommend appointees to the Judiciary 2. Exercise such other functions as the SC may assign to it. C. Appointments to the Judiciary 1. President shall appoint from a list of at least 3 nominees for each vacancy, as prepared by the JBC. 2. No CA confirmation is needed for appointments to the Judiciary. 3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy. 4. Vacancies in lower courts should be filled within 90 days from submission to the President of the JBC list. SEC. 10. SALARIES 1. Salaries of SC Justices and judges of lower courts shall be fixed by law. 2. Cannot be decreased during their continuance in office, but can be increased. 3. Members of the Judiciary are NOT exempt from payment of income tax. SEC. 11. TENURE/DISCIPLINARY POWERS OF SC
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Cases required to be heard en banc: 1. All cases involving constitutionality of a/an: a. Treaty b. International or executive agreement or c. Law. 2. All cases required to be heard en banc under the Rules of Court: a. Appeals from Sandiganbayan; and b. From the Constitutional Commissions 3. All cases involving the constitutionality, application or operation of a. Presidential decrees b. Proclamations c. Orders d. Instructions e. Ordinances; and f. Other regulations. 4. Cases heard by a division where required majority of 3 was not obtained. 5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division. 6. Administrative cases to discipline or dismiss judges of lower courts; and 7. Election contests for President and Vice-President. Cases heard by division 1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon. 2. Majority vote in a division should be at least 3 members. Powers of the SC 1. SC has ORIGINAL jurisdiction over a. Cases affecting ambassadors, other public ministers and consuls.
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Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the Sandiganbayan). JUDICIAL REVIEW Definition 1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional. 2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC. 3. Only SC decisions are precedent, and thus, only SC decisions are binding on all. Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power 2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it. 3. The person challenging the governmental act must have STANDING, i.e. a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. 4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity. 5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota. Effect of a declaration of unconstitutionality: 1. Prior to the declaration that a particular law is unconstitutional, it is considered as an operative fact which at that time had to be complied with. 2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional. 3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.
SEC. 14. DECISIONS 1. Decisions MUST state clearly and distinctly the facts and the law on which it is based. 2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal. 3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference. 4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military tribunals. ARTICLE IX THE CONSTITUTIONAL COMMISSIONS Section 1. Constitutional Commissions Independent Constitutional Commissions: 1) Civil Service Commission (CSC) 2) Commission on Elections (COMELEC) 3) Commission on Audit (COA)
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Section 2. DISQUALIFICATIONS Disqualifications: Members cannot, during their tenure: 1) Hold any other office or employment; 2) Engage in the practice of any profession; 3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and 4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including GOCC's and their subsidiaries. Note: The Ombudsman and his deputies are subject to the same qualifications. Section 3. SALARIES Salaries 1) Salaries are fixed by law and shall not be decreased during their TENURE. 2) Decreases in salaries only affect those members appointed AFTER increase. 3) Incumbent members do not lose any salary. 4) Increases take effect IMMEDIATELY. Section 6. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC. 2) Limitation: It shall not: a) Diminish, b) Increase, or c) Modify substantive rights. 3) Power of SC a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special courts and quasi-judicial bodies." b). In proceedings before the Commissions, the rules of the Commission prevail. c). In proceedings before a court, the Rules of Court prevail. d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW Section 7. DECISION MAKING/APPEAL Decision-Making:
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c) Highly technical
C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or legislative description given to it. D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled. E. Who may be appointed: 1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank. Tenure (Classification of Positions) Career Service 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. 2. Entitled to security of tenure Non-Career Service 1. Entrance on bases OTHER than usual tests of merit and fitness.
2. Tenure limited to: a) Period specified by law, b) Coterminous with the appointing authority or subject to his pleasure, or c) Limited to the duration of a particular project for which purpose
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Security of Tenure: 1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and substantive due process. 2) For "LEGAL CAUSE" - Cause is: a). related to and affects the administration of office, and b). must be substantial (directly affects the rights & interests of the public) 3) Security of tenure for Non-competitive positions a). Primarily confidential officers and employees hold office only for so long as confidence in them remains. b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of office c). Non-career service officers and employees do not enjoy security of tenure. d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure. 4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure. Abolition of Office To be valid, abolition must be made: (a) In good faith; (good faith is presumed) (b) Not for political or personal reasons; and (c) Not in violation of law. Temporary employees are covered by the following rules: 1). Not protected by security of tenure - can be removed anytime even without cause 2). If they are separated, this is considered an expiration of his term. 3). BUT: They can only be removed by the one who appointed them. 4). Entitled only to such protection as may be provided by law. No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity 1) Cannot solicit votes in favor of a particular candidate. 2) Cannot give campaign contributions or distribute campaign materials. 3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports. 4) Prohibition does not apply to department secretaries Right to organize The right to organize does NOT include the right to strike Sections 6-7. DISQUALIFICATIONS
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Section 8. COMPENSATION 1) Prohibitions: applies to elected or appointed officers and employees Cannot receive: A. Additional B. Double -
an extra reward given for the same office i.e. bonus when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer C. Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress. 4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation. THE COMMISSION ON ELECTIONS Section 1. COMPOSITION/QUALIFICATIONS/TERM
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Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of appointment 3) Holders of college degrees; and 4) Not candidates for any elective position in the immediately preceding elections. 5) Majority of the Commission, including the Chairman must be: a). Members of the Philippines Bar b). Engaged in the practice of law for at least 10 years: any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. 6) Appointments subject to CA approval Term: 1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs. 2) LIMITATION: Single term only: no reappointment allowed 3) Appointment to a vacancy: only for unexpired portion of predecessors term 4) No temporary appointments, or appointments in acting capacity a). Thus, the President cannot designate an incumbent commissioner as acting Chairman. b). The choice of temporary chairman falls under the COMELECs discretion. Section 2. POWERS AND FUNCTIONS Powers: 1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (a) Ex: COMELEC can enjoin construction of public works within 45 days of an election. 3) Exercise: A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective 1. Regional, 2. Provincial, and 3. City officials B. Appellate jurisdiction over all contests involving: 1. Elective municipal officials decided by trial courts of general jurisdiction 2. Elective barangay officials decided by trial courts of limited jurisdiction. C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. Exception: Appealable to the SC on questions of law.
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Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts. 4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. a). This power is NOT limited to the election period. b). Applies to both criminal and administrative cases. 5) Registration of political parties, organizations, or coalitions/accreditation of citizens arms of the Commission on Elections. a). The political parties etc. must present their platform or program of government. b). There should be sufficient publication c). Groups which cannot be registered: i. Religious denominations/sects ii. Groups which seek to achieve their goals through violence or unlawful means iii. Groups which refuse to uphold and adhere to the Constitution iv. Groups which are supported by any foreign government. d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable. e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. 6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices. A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. B. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC C. Preliminary investigation conducted by COMELEC is valid.
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Section 3. RULES OF PROCEDURE/DECISION-MAKING Rules of Procedure 1) COMELEC can sit en banc or in two divisions 2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election controversies. Decision-Making 1) Election cases should be heard and decided in division. Provided that, 2) Motions for reconsideration of decisions should be decided by COMELEC en banc. 3) Decisions mean resolutions on substantive issues. 4) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division. 5) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers.
Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises A. What can COMELEC supervise or regulate 1). The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information. 2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary B. When can COMELEC exercise this power 1). During the election period a). Under Article XI, Section 9, the election period commences 90 days before the day of the election and ends 30 days thereafter. b). In special cases, COMELEC can fix a period. 2). Applies not just to elections but also to plebiscites and referenda. 3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification 4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose.
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Section 6 Definition of Political Party organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions Importance of registration of a political party 1) Registration confers juridical personality on the party. 2) It informs the public of the party's existence and ideals. 3) It identifies the party and its officers for purposes of regulation by the COMELEC.
Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution. Prohibition on block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM No Right to be Represented in Various Boards Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in the following: 1). Voters registrations boards, 2). Boards of election inspectors, 3). Boards of canvassers, or 4). Other similar bodies. Poll Watchers Political parties, etc. are entitled to appoint poll watchers in accordance with law.
Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination. This section does not give candidates immunity from suit. Discrimination includes unequal treatment in the availment of media facilities.
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THE COMMISSION ON AUDIT Section 1. COMPOSITION/QUALIFICATIONS Composition: 1) Chairman, and 2) Commissioners (2). Qualifications: 1) Natural-born citizens of the Philippines 2) At least 36 years old at the time of their appointment; 3) Either: a). CPAs with at least 10 years auditing experience; or b). Members of Phil. Bar with 10 years of practice. 4) Members cannot all belong to the same profession. 5) Subject to confirmation of the CA. 6) Must not have been candidates for any elective position in the elections immediately preceding their appointment. Term: 1) Chairman -7 yrs; Commissioner1 -5yrs; Commissioner - 2 -3 yrs. 2) LIMITATION: - Single terms only; no re-appointment allowed 3) Appointments to any vacancy shall only be for the unexpired portion of predecessors term
Section 2. POWERS 1) Examine, audit, and settle accounts pertaining to: A. Revenue and receipts of funds or property; or B. Expenditures and uses of funds or property Owned or held in trust by, or pertain to: A. The Government; B. Any of its subdivisions, agencies or instrumentalities; C. Including GOCCs with original charters. 2) Conduct post-audit with respect to the following: A. Constitutional bodies, commissions, and offices granted fiscal autonomy; B. Autonomous state colleges and universities; C. GOCCs and their subsidiaries incorporated under the Corporation Code.
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B.
Note: 1) The functions of COA can be classified as: A. B. C. D. Examine and audit all forms of government revenues; Examine and audit all forms of govt expenditures Settle govt accounts Promulgate accounting and auditing rules (including those for the prevention of irregularexpenditures. E. To decide administrative cases involving expenditures of public funds. 2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process. 3) COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control. 4) COA does not have the power to fix the amount of an unfixed or undetermined debt. 5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment: A. There is a law appropriating funds for a particular purpose; B. There is a contract, made by the proper officer, entered into in conformity with the above-mentioned law; C. The goods or services covered by such contract have been delivered or rendered in pursuance to such contract, as attested by the proper officer; and D. Payment has been authorized by officials of the corresponding department or bureau.
6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is because COAs interest in such accounts is merely administrative. 7) COA has the power to determine the meaning of public bidding and what constitutes failure when regulations require public bidding for the sale of government property.
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ARTICLE X: LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) 2) 3) 4) Provinces Cities; Municipalities; and Barangays
There shall be Autonomous regions in: 1) Muslim Mindanao, and 2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region] Note: 1) A third autonomous regions would require a constiutional amendment. 2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law. 3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGUs Section 2. Local Autonomy 1) All political subdivisions shall enjoy local autonomy 2) This does not mean that the LGUs are completely free from the central government. A. Judiciary may still pass on LGU actions B. President may exercise disciplinary power over LGU officials. SEC. 3. Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 4. PRESIDENTIAL SUPERVISION OF LGUS Supervision of President 1) The President exercises general supervision over all LGUs 2) The President exercises DIRECT supervision over A. Provinces B. Autonomous regions and C. Independent cities. 3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.
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Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC. Limitations on Power 1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples. 2) The guidelines set by Congress should be consistent with the basic policy of local autonomy. Accrual of taxes, fees, charges The taxes, fees and charges shall accrue exclusively to the local governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM Internal Revenue Allotment (IRA) 1) Share of LGUs in national taxes is limited to the internal revenue taxes. 2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each quarter. 3) The share of each LGU should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose. 4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects. 5) Adjustments in IRA A. Ground: Unmanageable public section deficit B. President can make the necessary adjustments in the IRA upon the recommendation of the following: 1. Department of Finance Secretary 2. DILG Secretary 3. DBM Secretary 6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas in the manner provided by law.
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SEC. 8. TERM OF OFFICE Term of Office Elective local officials, now including barangay officials have a term of 3 years. Limitations: 1) No elective official shall serve for more than 3 consecutive terms 2) 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 he was elected. SEC. 9. SECTORAL REPRESENTATION IN LGUS Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law There should be representatives from: 1) The womens sector 2) The workers 3) Third sector (can choose from any of the following) A) Urban poor B) Indigenous cultural communities C) Disabled persons D) Any other sector as may be determined by the sanggunian
Election of Sector Representatives SEC. 10. Creation, abolition and division of LGUs 1) Requisites A. Compliance with the requirements of the Local Government Code; and B. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected. 2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include voters of the ENTIRE province, and not just the area to comprise the new province. 3) LGC requirements relate to matters such as population, revenue, and area requirements.
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Independence from the Province 1) Highly urbanized cities and independent component cities are independent of the province. 2) Component cities whose charter contain no such prohibition are still under the control of the province and its voters may still vote for elective provincial officials. Section 13. Coordination among LGUS Consolidation and Coordination of Efforts, Services and Resources 1) It is optional on the part of LGUs as shown by the use of the word may 2) It can be done for purposes commonly beneficial to them in accordance with the law. Under LGC (Section 33) 1) Consolidation and coordination may be done through appropriate ordinances. 2) A public hearing should be conducted and the approval of the sanggunian obtained. 3) An LGU can: A. Contribute funds, real estate, equipment and other kinds of property B. Appoint/assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through Memoranda of Agreement. Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) Local government officials 2) Regional heads of departments and other government offices
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Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS By Whom: The President Purpose: To ensure that the laws are faithfully executed.
SEC. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government. Examples: 1) Foreign relations, 2) National defense and Security 3) Monetary Affairs
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Limitations: 1) Subject to the provisions of the Constitution and national laws 2) To be exercised within its territorial jurisdiction Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. Defense and Security It shall be the responsibility of the national government.
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman 2. Grounds Culpable violation of the Constitution treason bribery graft and corruption other high crimes or betrayal of public trust
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Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. Procedure: 1. Filling of verified complaint a. Can be filed by: 1. 2. Any member of the House of Representatives or Any citizen upon a resolution of endorsement by any Member of the House or 3. By at least 1/3 of all the Members of the House of Representatives 2.) 3.) 4.) Inclusion of complaint in the order of business with 10 session days Referral to proper Committee within 3 session days thereafter Submission of Committee report to the House together with corresponding resolution a. There should be a hearing b. There should be a majority vote of the members c. The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL its members. 5.) 6.) Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof Vote of at least 1/3 of all Members of the House necessary to: a. Affirm a favorable resolution with the Articles of Impeachment of the Committee or b. To override its contrary resolution Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed. 7.) Trial in the Senate
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This requires the concurrence of 2/3 of all the Members of the Senate 9.) Effect of the Impeachment a. Removal from office of the official concerned b. Disqualification to hold any office under the Republic of the Philippines c. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime. Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN Composition: 1.) 2.) 3.) 4.) Ombudsman/Tanodbayan Overall deputy At least one Deputy each for Luzon, Visayas and Mindanao Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies) 1.) 2.) 3.) 4.) 5.) Natural born citizen of the Philippines At least 40 years old at time of appointment Of recognized probity and independence Member of the Philippine bar Must not have been candidate for any elective office in the immediately preceding election 6.) For Ombudsman: He must have been for ten years or more a. A judge or b. Engage in the practice of law in the Philippines Disqualifications/Prohibitions (under Article IX, Section 2) 1.) Cannot hold any other office or employment during his tenure 2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries Appointment 1. Of Ombudsman and deputies a. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees b. Appointments do NOT require confirmation c. All vacancies shall be filled within 3 months after they occur. 2. Of other officials and employees of the Office of the Ombudsman
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When prohibition applies: Prohibition applies during their TENURE. Scope of prohibition: 1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES: a. Loans b. Guarantees c. Other forms of financial accommodation From: 1. Government owned or controlled banks; or 2. Government owned or controlled financial institutions. If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.
2.)
Section 17: Statements of assets, liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required under the law. When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) President Vice-President Members of the Cabinet Members of Congress Justices of the Supreme Court Members of Constitutional Commissions Other constitutional offices Officers of the armed forces with general or flag rank
Section 18: Allegiance of public officers and employees Allegiance to the State and to the Constitution Change in Citizenship/Immigrant Status 1.) Incumbent public officers and employees who seek either:
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3.)
a. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they expressly waive their status as such This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY SEC. 1. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 1. More equitable distribution of opportunities, income and wealth; 2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and 3. Expanding productivity, as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both domestic and foreign markets. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Role of Private Enterprises Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. Section 2. REGALIAN DOCTRINE Distinction between Imperium and Dominium 1. Imperium Government authority possessed by the State which is appropriately embraced in sovereignty. 2. Dominium a. The capacity of the State to own and acquire property. b. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources. Scope: The following are owned by the State:
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2. They should be based on the real contributions to economic growth and general welfare of the country. 3. In the agreements, the State should promote the development and use of local scientific and technical resources. 4. The President should notify Congress of every contract under this provision within 30 days from its execution. 5. Management and service contracts are not allowed under this rule. Protection of Marine Wealth 1. The State shall protect its marine wealth in its Archipelagic waters
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Note: 1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. 2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Alienable lands of public domain 1. Only agricultural lands are alienable. 2. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Limitations regarding Alienable Lands of the Public Domain 1. For private corporations or associations A. They can only hold alienable lands of the public domain BY LEASE B. Period: Cannot exceed 25 years, renewable for not more than 25 years C. Area: Lease cannot exceed 1,000 hectares Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. 2. For Filipino citizens A. Can lease up to 500 hectares B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant Taking into account the requirements of conservation, ecology and development, and subject to the requirements of agrarian reform, Congress shall determine by law the size of the lands of the public domain which may be acquired, developed, held or lease and the conditions therefore. Means by Which Lands of the Public Domain Become Private Land 1. Acquired from government by purchase or grant; 2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and 3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction. B. Here, in possession since time immemorial, presumption is that the land was never part of public domain. C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land D. Presumption is that land belongs to the State.
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Section 5. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. The State protects the rights of indigenous cultural communities to their ancestral lands A. Subject to Constitutional provisions B. Subject to national development policies and programs 2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.
3. ANCESTRAL DOMAIN A. It refers to lands which are considered as pertaining to a cultural region B. This includes lands not yet occupied, such as deep forests. Section 7. PRIVATE LANDS General rule 1. Private lands CAN only be transferred or conveyed to: A. Filipino citizens B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens 2. Exceptions A. In intestate succession, where an alien heir of a Filipino is the transferee of private land. B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. C. Foreign states may acquire land but only for embassy and staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership. Therefore: A. Aliens may be lessees or usufructuaries of private lands B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale. 5. 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 land, even for religious purposes.
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Section 11. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. Congress may directly grant a legislative franchise; or 2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGUs Public utility 1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly with the public. 2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases the same to the government. It is the government which operates the public utility (operation separate from ownership). To whom granted: 1. Filipino citizens or 2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. Terms and conditions: 1. Duration: Not more than 50 years 2. Franchise is NOT exclusive in character 3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so requires. Participation of Foreign Investors 1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital.
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Acquisition of alienable lands of the public domain 1. Filipino citizens; 2. Corporations incorporated in RP, with 60% Filipino ownership;
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Mass Media
Advertising
Educational institution
ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1) Social justice in the Constitution is principally the embodiment of the principle that those who have less in life should have more in law. 2) The 1987 Constitution advances beyond what was in previous Constitutions in that it seeks not only economic social justice but also political social justice. Principal activities in order to achieve social justice 1) Creation of more economic opportunities and more wealth; and 2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of wealth and political power. Labor Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what rights are guaranteed, and what positive measures the state should take in order to enhance the welfare of labor. Right to organize and to hold peaceful concerted activities The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law.
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Agrarian Reform Goals: Agrarian reform must aim at 1) efficient production, 2) a more equitable distribution of land which recognizes the right of farmers and regular farmworkers who are landless to own the land they till, and 3) a just share of other or seasonal farmworkers in the fruits of the land.
CARL as an exercise of police power and power of eminent domain To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes necessary to deprive owners of their land in excess of the maximum allowed there is compensable taking and therefore the exercise of eminent domain. Reach of agrarian reform It extends not only to private agricultural lands, but also to other natural resources, even including the use and enjoyment of communal marine and fishing resources and offshore fishing grounds. The Commission on Human Rights Composition: 1) Chairman; and 2) 4 members Qualifications: 1) 2) 3) 4) 5) Natural-born citizens of the Philippines; Majority of the Commission must be members of the Philippine Bar; Term of office, other qualifications and disabilities shall be provided by law; The appointment of the CHR members is NOT subject to CA confirmation; and The CHR is not of the same level as the COMELEC, CSC, or COA.
Powers: 1) Investigate all forms of human rights violations involving civil or political rights A. Violations may be committed by public officers or by civilians or rebels. B. CHR cannot investigate violations of social rights. C. CHR has NO adjudicatory powers over cases involving human rights violations. D. They cannot investigate cases where no rights are violated. E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation. 2) Adopt operational guidelines and rules of procedure.
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ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS EDUCATION Goals of the State: The State shall promote and protect: 1) The right to quality education at all levels; 2) The right to affordable and accessible education; and 3) Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require fair, reasonable, and equitable admission requirements. Power to Dismiss Students 1) Schools have the power to dismiss students, after due process, for disciplinary reasons. 2) Acts committed outside the school may also be a ground for disciplinary action if: a) It involves violations of school policies connected to school-sponsored activities; or b) The misconduct affects the students status, or the good name or reputation of the school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter medical school by requiring the applicants to take the NMAT.
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ARTICLE XVI - GENERAL PROVISIONS Sections 1-2. Symbols of Nationality 1) Flag Red, white, and blue. With a sun and 3 stars The design may be changed by constitutional amendment. 2) Congress may, by law, adopt a new: (a) Name for the country, (b) National anthem, or (c) National seal. Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
Section 3. State Immunity Suability of State 1) The State cannot be sued without its consent. 2) When considered a suit against the State a). The Republic is sued by name;
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ARTICLE XVII- AMENDMENTS OR REVISIONS Definitions: 1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution. 2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole. Constituent power v. Legislative power 1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law). 2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and of the people, also through initiative and referendum. 3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum. Three (3) steps necessary to give effect to amendments and revisions: 1) Proposal of amendments or revisions by the proper constituent assembly; 2) Submission of the proposed amendments or revisions; and 3) Ratification.
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ARTICLE XVIII - TRANSITORY PROVISIONS Effectivity of the 1987 Constitution The 1987 Constitution took effect immediately upon its ratification. According to the SC, this took place on February 2, 1987, which was the day the people cast their votes ratifying the Constitution. Military bases agreements 1) Renewals of military bases agreements must be through a strict treaty. 2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires. 3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.