Constitution

-written instrument by the sovereign people -powers of Govt established, limited, defined Const. Classification 1. Normative: suit that fits . Nominal: not yet fully operative . suit in storage !. "emantic: doesnt limit power. Not a suit, but a disguise. $ source of light not rights %guide to meaning of ambiguous provisions&, rule of law not men

#reamble

'rt 1: National (erritory -Constitution as municipal law, not international - (reaty of #aris )dec.1*,1+,+-, .ashington )nov. /, 1,**-, Great 0ritain )1an. , 1,!*-2" military bases: still under #hilippine 3urisdiction -straight baseline method. 0aselines: 4nd of internal waters. 0eginning of territorial sea. 'rt : #rinciples %5& and "tate #olicies % & 1 -"tate: people, territory, sovereignty, government -6unctions of Govt: Constituent %re7uired& $protection, fi8ing legal relations, housing 9inistrant %optional& $ supply water for a price -(ypes of Govt %:egitimacy& de 1ure $ established by sovereign %e8: Cory, G9'& de facto $ defiance of sovereign %ma1ority, invasion, insurrection& -;nterregnum: 6eb. <, 1,+5 $ 9arch =, 1,+5. >perative: Covenant on Civil ? #olitical @ights 2niversal Aeclaration under ;ntl law N>( 0ill of @ights of 1,/! Const. -#residential Govt: separation of powers. 47uilibrium. Barmony. -#arliamentary: e8ecutive leaders also taCe role of legislative. #yramid structure: #9 at top. -@epublican %govt authority emanates from people& ? Aemocratic %initiative and referendum& -Constitutional 'uthoritarianism: e8traordinary powers by pres. Not allowed by 1,+/ Const. -aggressive war, not defensive, is renounced -adopts Dgenerally acceptedE intl law principles as determined by the courts -peace, freedom, amity with all nations %ideal aimed at&. Not Aiplomatic recognition with all. -doctrine of transformationFincorporation: international to domestic law through parliament Civilian authority %president and not others unless said by law& supreme over military. Govt prime duty -Dprotect ? serve the people.E 9ay call people to defend state%conditions by the law& #eace and >rder. #rotection of :ife, :iberty, #roperty. ;nviolable separation of Church and "tate #rotection of @ights not self-e8ecuting but need implementing of legislation 6reedom from nuclear weapons Dconsistent with national interestE social 1ustice $ less in life, more in law respect for dignity, family as basic social institution, protection of the unborn, youth unborn not yet legal person education- primary right: parents, supportive role: "tate %to step in when parents fail& 47uality among 9en ? .omen -doesnt repeal ine7ualities in CC %to ignore se8 when irrelevant& Bealth. #rotect 4nvironment. %these are enforceable rights& priority to education,arts,culture,technology,sportsG for patriotism ? nationalism %govt may balance& labor $primary social force %Buman factorGnon-human factors in production& national economy effectively controlled by 6ilipinos indispensable role of private entities. @ural Aevelopment. ;ndigenous people rights encourage non-government sectors vital role of communication and information autonomy of local governments 47ual opportunities for public service %guide for legislative and e8ecutive action. N>( self-e8ecutory&. #rohibit political dynasties %as defined by legislature&. Bonesty and ;ntegrity. 'gainst graft and corruption. 6ull public disclosure of all transactions Dinvolving public interest under reasonable conditions by lawE

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(he :egislative Aepartment :egislative #ower -authority to maCe, alter, repeal laws -vested in the Congress %senate ? B>@& e8cept that reserved to the people via initiative?referendum

-Hinds: 1. >riginal $ possessed by sovereign people . Aerivative - given to legislative by the people, subordinate to original power '. Constituent -power to amendFrevise Const. %by the people through amendatory process& 0. >rdinary -power to pass ordinary laws %by the people through initiative?referendum& -:imits: "ubstantive $ e8: no law may be passed impairing rights or against Constitution #rocedural $ e8: bill must pass through #resident first, pass irrepealable laws Aelegation of :egislative #ower only: a. to local governments b. when specifically allowed by the Constitution -rule-maCing powerFlaw e8ecution delegated to administrative agencies. D9ay fill-up detailsE -'min. 'gencies might maCeFunmaCe laws if law isnt: 1. Complete in itself %;nvalid Aelegation& . fi8ed standard %limits& - rules ? reg of admin agencies may contain penalties 02( legislature must specify period = senators ! "enator: '. Natural-0orn CitiIen 0. !< years old, on election day C. read and write A. registered voter 4. resident preceding election day: years = 5 years. Not more than consecutive terms. < B>@, not more thn <*, unless fi8ed by law. 'pportioned among provinces ? cities. (hrough party-list system *J - party list representatives. 6or ! consecutive terms, K of *J reserved for labor, peasant, women, etc. :egislative Aistrict: as far as practicable, ad1acent, contiguous, compact territory. #rovince $ 1 rep. City% <*,***&- at least 1 rep @eapportionment: wF in ! years following the return of every census -#arty-:ist Nom '. Natural-0orn CitiIen 0. < years old, on election day. Louth: <-!* on election day. C. read and write A. registered voter 4. resident preceding election day: 1 year 6. bona fide member at least ,* days preceding election day -#arty-:ist -marginaliIed and underprivileged -religious sector cannot be represented -not be ad1unct of, organiIed, funded, assisted by government. 9ust not be foreign -ceased to e8ist for at least 1 year -fails to participate or reach J of votes in last elections MNualification is a 7uestion of fact. Not sub1ect to review by certiorari. M J threshold unconstitutional Msectoral representatives e8isted only til 1,,+ 'pportionment: Mplebiscite re7uired in creation of legislative district >N:L when a new local govt unit is created. MC>94:4C may only maCe minor changes. Cannot transfer municipality from one district to another. 5 B>@ '. Natural-0orn CitiIen 0. < years old, on election day. C. read and write A. registered voter in district %e8cept party-list rep& 4. resident%domicile& in district preceding election day: 1 year MAomicile: bodily presence, intention to remain, intention to abandon old domicile MAangerous Arugs 'ct re7uiring drug testing is 2NC>N"(;(2(;>N': / ! year term. Not more than ! consecutive terms. (erm-cannot be shortened. (enure- actual hold of office. Can be shortened. + 4lection of senate ? B>@: nd 9onday of 9ay , Oacancy in senate ? B>@$ special election %discretion of Congress.&. "erve only for une8pired term. "tatute: 1 year before e8piration of term, 5*-,* days after the occurrence of vacancy. "imultaneous if election is within 5*-,* days. MNeed not be announced by C>94:4C. 1* "alaries determined by law. No ;ncrease in salaries til end of term. ;ncrease of other emoluments $ indirect increase allowed. Philconsa $ absolute ban %directlyFindirectly& 'llowances may be received$ no limit. >nly personal DmoralE limit since e8penses will be published. 11 #rivilege from arrest. %not more than 5 years imprisonment&. .hile in session. 48cept during recess. MdetainmentP #arliamentary #rivilege of "peech: cant be 7uestionedFheld liable other than in Congress 9ade in performance of official function Congress need not be in session. 9ust only contain Dlegislative actionE Me8tends to assemblymen. #rovided, they are assisting legislator in performance of Dlegislative actionE

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2pon assumption of office -full disclosure of financial and business interest. Notify house $conflict of interest. 9ay not hold other position in Government. $may resign first. -Gordon can be in @ed Cross, a private corporation performing public function Cannot be appointed to an office created during his term and emoluments increased during term. 4ven if resigned Cannot appear as counsel to court of 1ustice, electoral tribunal, 7uasi-1udicial, administrative bodies.. Cannot directlyFindirectly be interested financially in contract with by govt. "hall not intervene before any office of the Government for his financial interestFon account of his office. Mdoes not apply to a lawyer-congressman to his law firm. @egular "ession: Congress convene annually on =th 9onday of 3uly. 2ntil !* days before ne8t regular session. .eeCends and legal holidays not included. "pecial "ession: Called by #resident. "enate elects its #resident, B>@ its speaCer, by ma1ority vote of all its members. Nuorum: ma1ority of members. "maller number may ad1ourn from day-to-day. Bouse may determine rules of proceedings. 9ay punish members. %not sub1ect to 1udicial review& -courts may intervene if it affects private rights 2pon F! of house members, suspendFe8pel not e8ceeding 5* days. 3ournal %for publicity ? proof&$ may e8clude those affecting national security. -Denrolled billE G 1ournalQ e8cept when presiding officer repudiates his signature in the bill. ' Bouse may not ad1ourn for more than ! daysFto any other place .;(B>2( consent of the other house 4lectoral (ribunal%"4( ? B@4(& $sole 1udge of contests relating to election, returns ? %any&7ualifications -! 1ustices %senior 1ustice as chairman& -5 senateFB>@, as the case may be, chosen by proportional representation MComelecs 1urisdiction ends, and "4(FB@4( begins when office is assumed. M"C has 1urisdiction if B@4( commits grave abuse of discretion Mif all 5 senFB>@ in 4( are respondents to contest, tribunal must abandon duty, which no other can perform. Commission on 'ppointments: "enate #resident, e8-officio chairman %votes only for tie-breaCer&, 1 senators ? 1 B>@ G both by proportional representation acts within !* days from submission C', "4( ? B@4( $ formed after !* days from election of a senate president ? house speaCer. C' will meet when upon call of chairmanFma1ority of members. >nly when Congress is in session, recordsFbooCs of congress $open to public%acc to law&, audited by Comm on 'udit, publish itemiIed-list annually ;n7uiries%investigation& in aid of :egislation $ by "enateFB>@Ftheir committees $ rights will be respected Manyone but the #resident and "C 1ustices may be summoned. Mpower to punish for contempt inherent in Congress. Doversight functionE of Congress. %48ec heads may invoCe e8ec. privilege& 48ecutive Beads upon own initiative, consent of the #resident or re7uest of Bouse appear in before the house. Beld in 48ecutive "ession of concerns security of "tate, public interest or #resident states in writing. #res may give consent through 48ec "ecretary%Ddoctrine of operational pro8imityE& "tate of .'@. Aeclare upon F! vote of each house. Ooting separately in 1oint session. 9ay authoriIe president $ limited period of time, sub1ect to restrictions, e8ercise necessary #>.4@". 2nless sooner withdrawn by resolution%not sub1ect to #res approval&, power shall cease upon ne8t ad1ournment. M;f congress doesnt impose time limit- may last for as long as needed 9oney bills%not laws& 92"( originate from B>@. "enate may completely change it. %appropriation, revenue, tariff bills, private bills, bills authoriIing increase of public debt, bills of local application& Congress may increase budgets for other branches e8cept e8ec dept. ;t prepared the budget, it Cnows what it needs. No provision shall be embraced in general appropriations bill unless is related %-against riders& 'ppropriations for Congress shall be not be treated A;664@4N(:L from appropriations for other depts. "pecial 'ppropriations 0ill$ specify purpose. "upported by funds actually available, certified by National (reasurer. N> :'. may be passed authoriIing transfer of appropriations. 0ut #res., "enate #res, B>@ "peaCer, Chief 3ustice, Const Commission heads may augment items from savings within their respective offices. Aiscretionary funds disbursed only for public purposes. %e8cept for special election during #res?O# vacancy& ;f congress fails to pass Gen 'pp 0ill, Gen 'pp 0ill of preceding year is enacted until new Gen 'pp 0ill is passed.

5 1 sub1ect $ 1 0ill %to prevent log-rolling& $applied liberallyG as long as title e8presses General "ub1ect 1st reading - @eading of the title ? assigns it to the proper authority nd reading - Bouse debates on each item one by one !rd reading - printed copies of what was approved in the nd reading, distributed ! days before passage -No more debate, voting only % F!& yeas and nays M! readings on separate days unless #resident says so %bec. of emergency& / 4very bill must pass president. ;f vetoed, goes bacC to where bill originated.

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Minvalid veto has no effect. 0ill will still become law. Bouse will reconsider, vote F! vote. #ass to other house for reconsideration, vote F!. MConference Committee proposes ways to reconcile in case of conflict between "enate and B>@ #resident must act within !* days. >therwise, bill will continue to be passed as law. >nly 9oney 0ills may be item vetoed Mconditions may not be vetoed without vetoing item. Aoctrine of Dinappropriate provisionsE- #res may veto riders%even if not an item& in appropriation bill #ower to ta8. %limits governments inherent power to ta8& )other powers: police power, emminent domain2niform $ Geographical 2niformity %uniform in every place where that ta8 law is found& #rogressive "ystem $ more rich, more ta8. Congress may give president power to ta8, with limits. 48empted from #roperty ta8 only$ used directly and actually for charitable, educational, religious purposes No (a8 48empting :aw may be passed without ma1ority of all members of Congress %ma1ority of each house& Mta8 remains valid even if shown to be negligible. Mta8 should only be for public purpose Me8 of ta8 e8empting law: @'/ /- "ubic "pecial 4conomic Rone Congress has control of e8penditure of funds. Dappropriation made by lawE :imitations: 1. 6>@ #20:;C #2@#>"4 %liCe ta8& . Not to religious entities unless assigned to military, govt, orphanage, leprosarium, penal inst. (a8 collected for special purpose shall be treated as special fund ? be paid out for such special purpose only. Mif purpose is fulfilledFabandoned, e8cess goes to general funds of Government No law may be passed increasing appellate 1urisdiction of "upreme Court without court approval No law granting royaltyFnobility shall be enacted ;nitiative and @eferendum: 1. Constitution . "tatutes !. :ocal :egislation %ordinances, resolutions, etc&

'rticle /: 48ecutive Aepartment 1 48ecutive power vested in the #resident %Bead of "tate-ceremonial head of govt& ? Chief 48ecutive Malso has Dresidual unstated powersE $protect, peace and order, etc. %1ustifying ban on return of 9arcos&

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Mmay not dispose state property. 9ust be authoriIed by a law. M4S4C2(;O4 #@;O;:4G4 $ may not disclose info that would a. threaten militaryFdiplomatic ob1ectives %only possessed by the #resident& b. identify informants on violations of law c. Close-door cabinet meetings M#residential Communications #rivilege %operational - pro8imity& $ used by Neri in R(4 hearing M#@4";A4N(;': ;992N;(L from suit $ ;mmune for crimes in official acts. %may be waived by the presidentT& Not immune for crimes done in unofficial acts when out of office #residentFO# '. Natural-0orn CitiIen 0. =* years old, on election day. C. read and write A. registered voter 4. resident preceding election day: 1* year O# same 7ualifications, term, electedFremoved in same manner as #res. 9ay be appointed as Cabinet member. #res ? O# $ 5 year term. #resident not eligible for reelection. 9ay not run for position if served as #res for more than = years O# $ no more than consecutive terms 4lection nd 9onday of 9ay. 'ssumes office on 3une !* ? end on same date the following year. 4lection returns $ certified by board of canvassers %congress can looC into authenticity of certificates of canvass& $transmitted to senate president, within !* days open to congress. Congress will then canvass votes. ;n case of tie, congress votes separately, by ma1ority. Congress shall promulgate its rules for canvassing. Mmay delegate to 3oint Committee but must be approved by Congress as a body. Mad1ournment doesnt terminate canvassing, a non-legislative function "C will be sole 1udge of contests. M#residential 4lectoral (ribunal%#4(& is the "C itself #residents >ath "alary $ cannot be increasedFdecreased during tenure. "hall not receive any other emolument. #!**,*** "ituations e8isting at the beginning of term: a. if president-elect fails to 7ualify, O#-elect shall act as president until president-elect 7ualifies. b. if a president has not been chosen, O#-elect shall act as president until a pres. has been chosen ? 7ualified c. if president-elect diesFbecomes permanently disabled O#-elect shall become #resident. d. ;f no president and O# is chosen, 7ualified, or both diedFpermanently disabled, "enate #resident, if unable, the B>@ "peaCer shall act as #resident until a presFO# has been chosen. e. if all are deadFincapable, congress will decide by law who will act as #res. until #resFO# is chosen. "ituations after office is filed: a. if #resident diesFperm disabledFremovedFresigned. O# becomes #resident. b. if both die, etc., "enate #res., if unable, B>@ speaCer, acts as president until #res. >r O# is elected ? 7ualified. c. if all dieFdisabledFremovedFresign, congress will decide by law who will act as #res. until #resFO# is chosen. M"enate #res.F B>@ speaCer does not lose "enate #res. or speaCership when become acting president. Oacancy in O# position: #resident shall nominate from Congress upon ma1ority vote%separately& of both houses Congress shall, after ! days%1*am& of vacancy, convene %cannot be suspended&. 4nact law for special election %cannot be post-poned& within / days, to be held =<-5* days after. "hall be law upon !rd reading approval. N> "#4C;': 4:4C(;>N C'N 04 C'::4A, ;6 O'C'NCL ;" 18 MONTHS 046>@4 N4S( 4:4C(;>N". #resident transmits to "en #res ? speaCer a written declaration that he is unable to discharge office - O# becomes acting president until #resident submits that he is '-oC Cabinet ma1ority transmits to "en#res ? speaCer that he is unable to discharge office- O# becomes acting pres if #resident transmits that no ability e8ist, he shall resume office. if wFin < days, cabinet ma1ority transmits written decl. stating otherwise, Congress decides issue Congress, if not in session shall convene wFin =+ hrs. "hall within 1*%if in session&F1 %if not& days from last written declaration, determine by vote. F! vote not able to discharge, O# shall act as president. #resident: "erious health. -Cabinet members %in charge of natl securityFforeign relations&, '6# Chief of "taff shall not be denied access. #resident, O#, Cabinet members, their deputiesFassts. shall not hold any other officeFemployment. (hey shall not be directlyFindirectly, be financially interested or in contact with govt ownedFcontrolled corp. "trictly avoid conflict of interest in the conduct of their office. #resident shall not appoint spouseFrelatives by consanguinityFaffinity in the =th civil degree, as members of a. Constitutional Commissions c. secretaries, under secretaries b. office of the ombudsman d. chairmenFheads of bureaus or offices 'ppointments made by 'cting #resident effective 2N:4"" revoCed by elected #resident within ,* days from his assumption 2 months before ne8t presidential elections, #residentFacting #res. %not mayor& shall not maCe appointments e8cept temporary appointments%>N:L to e8ec dept& if vacancy will continue to endanger public serviceFsafety. Mmade only during recess. 4ffective immediately. No need consent of Comm. on 'ppointments Mlasts until disapproval by Comm. on 'ppointments or until ne8t ad1ournment of Congress

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Mdoes not apply to "upreme Court %de castro v. 1bc& #resident may nominate with consent of Commission on 'ppointment:
1. Beads of 48ecutive Aepartments 'mbassadors, other #ublic 9inisters and Consuls >fficers of the 'rmed 6orces from the ranC of Colonel or Naval Captain @egular 9embers of the 3udicial and 0ar Council Chairman and Commissioners of the Civil "ervice Commission Chairman and Commissioners of the Commission on 4lections Chairman and Commissioners of the Commission on 'udit 9embers of the @egional and Consultative Commissions Chief of #hilippine National #olice >ther officers whose appointments are vested in him in the Constitution

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Mmay not be e8panded by Congress, by law "hall also appoint other officers whose appointments are not specified by law Congress may, by law, authoriIe others to appoint those lower in ranC M'ppointing power may not be usurped by congressT Congress may create office and prescribe 7ualifications but may not specify who shall be appointed to such officeFnor appoint him. Mcreation of #4( of Congress only added a new function to "C. Aid not appoint to such office. Mappointments Dupon recommendation of secretaryE only means advice. Not really strict ? critical #ower of Control %not absolute, limited by law, constitution and 1udicial decisions& - power to alterFnullify decision of a subordinate e8ecutive officers -may appealed against %e8haust first admin remedies before going to courts& M#resident may regulate incentives given to e8ecutive personnel -DAoctrine of Nualified #olitical 'gencyE $ all e8ec and admin are ad1uncts of 48ec Aept, and acts of their secretaries, unless disapproved by the #resident, are presumed to be the acts of the #resident. -includes power to reorganiIe offices%reduce personnel, abolish positions& -#ower to remove %disciplinary power& inherent not from control, but from power to appoint -limited by legislature through Civil "ervice Commission -also has control over Government Corporations %power given by statue ? not the Constituion& -includes #ower of "upervision D4nsure :aws are 6aithfully e8ecutedE -creation of (ruth Commission although it violates e7ual protection clause 9ay call-out armed forces of the #hilippines to suppress lawless violence, rebellion or invasion. ;nvasionF@ebellion: period not e8ceeding 5* days, may suspend writ of Babeas Corpus or declare 9artial :aw. .ithin =+ hours, shall submit to Congress written report. Congress votes ma1ority 3>;N(:L ? may revoCe or e8tend for a period determined by Congress. Court may review basis of declaration, if citiIen files, must promulgate decision within !* days from filing. -9artial :aw: not sub1ect to reviewP "uspension of .rit: sub1ect to 1udicial review 9artial :aw does not suspend operations of Constitution, nor supersede civil courtsFlegislative assemblies. "uspension of .rit >N:L applies to persons 1udicially charged for rebellion, connected with invasion. -#erson arrestedFdetained shall be 1udicially charged within ! days, otherwise shall be released. M9artial law does not automatically suspend writ M4mergency powers are only granted by congress 48ecutive Clemency -48ception: 48cept impeachment cases, or provided by the Constitution. -#resident may grant reprieves %postpone&, commutations %reduce& ? pardons %e8empt& remit fines ? forfeiture '6(4@ conviction by final 1udgment Mafter final 1udgment only. 92"( withdraw pending appeal. -'bsolute #ardon: no acceptance necessary vs Conditional #ardon: 'cceptance necessary -#ardon doesnt entitle one to be reinstated in former officeFposition 2N:4"" pardoned bec. 'c7uitted -pardon can restore rights %hold public office, suffrage& ;6 it is stated in the pardonT ->nly #resident can decide whether condition of the pardon is violated. >nly he can revoCe pardon. -'9N4"(L: by 9a1ority vote of Congress %includes ta8 amnesty& -must first confess G2;:(L -'mnesty treats one as if he had not committed crime. -6inal conviction not necessary. 9ay be granted to a group of people M48ecutive clemency for violation of election rules must be concurred by C>94:4C 6oreign :oans $ may be contracted by #resident -with prior concurrence of 9onetary board, sub1ect to limitation by law (reatyF;ntl agreement $ must be concurred by at least F! of senate, otherwise, agreements not enforceable -less formal agreements %temporary, implementations of treaties and statute& need not senate approval 0udget of receipts and e8penditure are submitted to congress %basis for G'0& Dsource of financingE- can come from sources other than revenue measures #resident shall address congress at opening of regular session. 9ay appear before it anytime