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According to the SC, this took place on February 2, 1987, which was the day
2)
requires.
3)
forces.
2)
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
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The only reason Congress can exercise such power is that the Constitution has
granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the
question of whether to call a ConCon or not.
assembly is not subject to judicial review, the manner the proposals are made is
subject to judicial review.
2)
Since these constituent assemblies owe their existence to the Constitution, the
courts may determine whether the assembly has acted in accordance with the
Constitution.
3)
a)
Whether the approved proposals were properly submitted to the people for
ratification.
Proposal of Revisions
1)
2)
By a constitutional convention
Ratification
1)
a)
b)
Plebiscite is held not earlier than 60 days nor later than 90 days from the
a)
b)
Plebiscite is held not earlier than 60 days nor later than 90 days after the
a)
b)
c)
4)
a)
The Constitution does not require that amendments and revisions be submitted
to the people in a special election. Thus, they may be submitted for ratification
simultaneously with a general election.
b)
amendments/revisions are submitted to the people falls within the legislative sphere.
That Congress could have done better does not make the steps taken
unconstitutional.
c)
must be submitted for ratification in one single plebiscite. There cannot be a piecemeal ratification of amendments/revisions.
d)
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body may sue or
be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts
through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of
his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental
function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental
function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can
generally be sued, even if its charter contains no express sue or be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have
charters which grant them a separate juridical personality.
7
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.
Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age. However, this is
a moral rather than a legal compulsion.
Educational Institutions
I. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards.
3). Congress may increase Filipino equity requirements in ALL educational institutions.
B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean, Principal, and Trustees
10
12
13
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
2)
grievance machineries,
3)
4)
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
14
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.
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.
2.
Scope:
The following are owned by the State:
1. Lands of the public domain:
Waters
Minerals, coals, petroleum, and other mineral oils;
All sources of potential energy;
Fisheries;
Forests or timber;
Wildlife;
Flora and fauna; and
18
Filipino citizen or
2.
3. Limitations:
A. Period: It should not exceed 25 years, renewable for not more than 25 years
B. Under terms and conditions as may be provided by law.
4. In case of water rights/water supply/fisheries/industrial uses other than the
development of water power
The beneficial use may be the measure and limit of the grant.
Small-scale Utilization of Natural Resources
19
21
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.
22
a.
2.
b.
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.
Remedies to recover private lands from disqualified aliens:
1. Escheat proceedings
2. Action for reversion under the Public Land Act
3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
24
B. Alien still has the title (didnt pass it on to one who is qualified)
Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
Power of Congress
1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to
corporations or associations at least 60% of whose capital is owned by such citizens, or
such higher percentage as Congress may prescribe, certain areas of investment. This
may be done when the national interest dictates.
2. Congress shall also enact measures to encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the national economy and
patrimony, the State shall give preference to QUALIFIED Filipinos.
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:
25
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.
2. Foreigners cannot be appointed as the executive and managing officers because
these positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCCs
They may be created by:
a. Special charters in the interest of the common good and subject to the test of
economic viability.
b. By incorporation under the general corporation law.
26
ACTIVITY REQUIREMENTS
Exploitation of natural resources
1. Filipino citizens; or
Mass Media
28
1. Filipino citizens; or
Advertising
1. Filipino citizens; or
Educational institution
1. Filipino citizens; or
Filipino citizens or to corporations 60% Filipino owned (or even higher) certain
investment areas.
These officers cannot be charged in court with offenses that have removal from
office as penalty.
2.
3.
A SC Justice cannot be disbarred because this would disqualify him from his
position.
4.
BUT AFTER an official has been impeached, he can be charged with the
appropriate offense.
30
5.
Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached
1.
2.
3.
2.
3.
The report should be submitted within 60 days from referral, after hearing, and
by a majority vote of ALL its members.
2.
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.)
1.
Senate has the sole power to try and decide all cases of impeachment
2.
3.
When the President of the Philippines is on trial, the CJ of the Supreme Court
presides. However, he/she will not vote.
8.)
Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
9.)
1.
2.
3.
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:
1.)
32
Ombudsman/Tanodbayan
2.)
Overall deputy
3.)
4.)
2.)
3.)
4.)
5.)
Must not have been candidate for any elective office in the immediately
preceding election
6.)
1.
A judge or
2.
2.)
control of any business which may be affected by the functions of his office
3.)
1.
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
2.
3.
By the Ombudsman
2.
The SC held that the power to investigate and prosecute cases involving public
officers and employees has been transferred to the Ombudsman.
2.
3.
4.
5.
6.
34
7.
The ILLEGAL act or omission need not be in connection with the duties of the
public officer or employee concerned.
8.
ANY illegal act may be investigated by the Ombudsman. In this regard, the
Ombudsmans jurisdiction is CONCURRENT with that of the regular prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of
the government, or any subdivision, agency or instrumentality thereof, as well as of
any government-owned or controlled corporation with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent, and correct any abuse
or impropriety in the performance of duties.
1.
The Ombudsman has PERSUASIVE POWER, and may require that proper legal
steps are taken by the officers concerned.
2.
(I).
The Government
(II).
(III).
1.
The SC has held that the SP may prosecute before the Sandiganbayan judges
accused of graft and corruption, even if they are under the Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a public
official or employee at fault, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith.
1.
The Ombudsman does NOT himself prosecute cases against public officers or
employees.
2.
3.
35
4.) Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law to furnish it with copies of documents relating
to contracts or transactions entered into by his office involving the disbursement or
use of public funds of properties, and report any irregularity to COA for appropriate
action.
5.) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
6.) Public matters covered by its investigation when circumstances so warrant and
with due process.
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and
corruption in the government and make recommendations for their elimination and
the observance of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law.
Note: The Office of the Ombudsman also has the duty to act promptly on complaints
filed in any form or manner against public officials or employees of the government,
or any subdivision, agency or instrumentality including GOCCs and their subsidiaries.
In appropriate cases, it should notify the complainants of the action taken and the
result thereof.
Fiscal Autonomy
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual
appropriations should be automatically and regularly released.
Section 7: OFFICE OF THE SPECIAL PROCECUTOR
36
1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the
Special Prosecutor
2. Powers
1.
It will continue to function and exercise its powers as now or hereafter may be
provided by law
2.
3. The Office of the Special Prosecutor is subordinate to and acts under the orders of
the Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the
SP was to prosecute anti-graft cases.
officials and employees from them or from their nominees or transferees shall NOT be
barred by prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS
Coverage:
This prohibition applies to:
1.)
President
2.)
Vice-President
3.)
37
4.)
Members of Congress
5.)
6.)
7.)
Ombudsman
8.)
The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:
1.
Loans
2.
Guarantees
3.
From:
1.
2.
2.)
If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition
38
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.)
President
2.)
Vice-President
3.)
4.)
Members of Congress
5.)
6.)
7.)
8.)
1.
2.
39
2.)
If Philippine citizenship is one of the qualifications to the office, the loss of such
The Election Code provides the rules with respect to non-incumbents, i.e.
This renunciation must be some other than, and prior to, the filling of the certificate
of candidacy.
Provinces
2)
Cities;
3)
Municipalities; and
4)
Barangays
2)
Note:
40
2)
This does not mean that the LGUs are completely free from the central
government.
1.
2.
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.
2)
Provinces
2.
41
3.
3)
Independent cities.
This power is limited to ensuring that lower officers exercise their functions in
The president cannot substitute his judgment for that of an LGU official unless
officials, such as suspension for 120 days, and may even remove them from their
posts, in accordance with law.
6)
7)
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)
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)
42
2)
The share of each LGU should be released, without need of any further action,
The share of each LGU should not be subject to any lien or holdback that may
Each LGU should appropriate in its annual budget at least 20% of its annual IRA
Adjustments in IRA
1.
2.
President can make the necessary adjustments in the IRA upon the
recommendation of the following:
1.
2.
DILG Secretary
3.
DBM Secretary
6)
IRA considered for purposes of conversion from one political subdivision to the
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.
2)
This includes share the same with the inhabitants by way of direct benefits.
LGUs have a share of 40% of the gross collection derived by the national
1.
Mining taxes
2.
Royalties
3.
4.
5.
jurisdiction
Sec. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1)
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)
2)
The workers
3)
A)
Urban poor
B)
44
C)
Disabled persons
D)
Requisites
1.
2.
2)
will include voters of the ENTIRE province, and not just the area to comprise the new
province.
3)
requirements.
Sec. 11. Metropolitan political subdivisions
Creation:
1)
2)
It is subject to a plebiscite
2)
They shall be entitled to their own local executive and legislative assemblies.
1)
2)
3)
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)
the law.
Under LGC (Section 33)
1)
2)
obtained.
3)
An LGU can:
1.
2.
The President shall provide for RDC or other similar bodies composed of:
Composition
1)
2)
3)
For Purpose of
1)
Administrative decentralization
2)
3)
To accelerate the economic and social growth and development of the units in
the region
Section 15. AUTONOMOUS REGIONS
Where:
1)
Muslim Mindanao
2)
Cordillera region
Factors:
1)
Historical heritage
2)
Cultural heritage
3)
4)
2.
National sovereignty
3.
Territorial integrity.
47
Creation:
1)
Provided by law.
2)
Only those Provinces, Cities, and Geographical Areas voting favorably in such
the constitution requires more than one province to constitute one (like what
happened in the Cordillera plebiscite)
5)
The question of which LGUs shall constitute an autonomous region is one which
1) Foreign relations,
1)
Administrative organization;
2)
3)
4)
5)
6)
7)
Educational policies;
8)
9)
Such other matters as may be authorized by law for the promotion of the
2)
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations 2001
49
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:
1) Each commission shall decide matter or cases by a majority vote of all the
members within 60 days from submission.
The SC has held that a majority decision decided by a division of the COMELEC
is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to
the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
52
B. subdivisions,
C. instrumentalities,
D. agencies of the government,
E. including GOCCs with original charters.
1.With Original Charter means that the GOCC was created by special law/by
Congress
2. If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases to fall under
CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
Appointments to civil service shall be:
A. Competitive positions
B. Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
a) Policy-determining
b) Primarily confidential
Non-Career Service
1.
a)
b)
pleasure, or
c)
56
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
57
Examples:
c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective official.
3). Appointive officials
a). Cannot hold any other office or employment in the government, any subdivision,
agency, instrumentality, including GOCCs and their subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his
position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned
in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein.
58
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and employees
Cannot receive:
A. Additional an extra reward given for the same office i.e. bonus
B. Double 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
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
59
(a)
election.
1)
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.
1.
Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory or quasijudicial functions. It CANNOT exercise this in connection with its purely executive or
ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasijudicial/administrative powers.
3. Its jurisdiction over contests (after proclamation), is in exercise of its judicial
functions.
61
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise
of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
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.
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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.
1)
File, upon a verified complaint, or on its own initiative, petitions in court for
2.
COMELEC can deputize prosecutors for this purpose. The actions of the
prosecutors are the actions of the COMELEC
3.
2)
deputized, or the imposition of any other disciplinary action, for violation or disregard
or, or disobedience to its directive, order, or decision.
4)
Submit to the President and the congress a comprehensive report on the conduct
Rules of Procedure
1)
2)
It has the power to promulgate its own rules of procedure in order to expedite
If a division dismisses a case for failure of counsel to appear, the Motion for
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.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For example,
COMELEC may not regulate media practitioners, for this would violate the freedom of
expression.
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of
election laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6
Definition of Political Party
2)
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3)
It identifies the party and its officers for purposes of regulation by the COMELEC.
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.
1)
Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall
provided in the regular or special appropriations.
2)
Release of funds
Chairman, and
2)
Commissioners (2).
Qualifications:
1)
2)
3)
Either:
5)
6)
Must not have been candidates for any elective position in the elections
Term:
1)
2)
3)
predecessors term.
Section 2. POWERS
1)
2.
The Government;
2.
3.
2)
2.
3.
4.
3)
If COA finds internal control system of audited agencies as inadequate, COA may
Keep the general accounts of the government, preserving vouchers and other
5)
Exclusive authority to define the scope of COAs audit and examination and to
2.
Failure to comply with these rules can be a ground for disapproving the
payment of a proposed expenditure.
Note:
1)
2.
3.
4.
Promulgate accounting and auditing rules (including those for the prevention of
irregularexpenditures.
5.
2)
COA has authority not just over accountable officers but also over other officers
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:
1.
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2.
3.
4.
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.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
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3. Since the courts are given judicial power and nothing more, courts may 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:
1.
2.
3.
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:
1.
The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
1.
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,
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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.
1.
BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
2.
The power to create courts implies the power to abolish and even reorganize courts.
2.
3.
2.
Annual appropriations for the judiciary cannot be reduced below the amount
appropriated for the previous year.
3.
2.
14 Associate Justices
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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:
1. Natural born citizen of the Philippines
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the
Philippines
4. Person of proven competence, integrity, probity and independence.
Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)
1. Natural born citizen of the Philippines
2. Member of the Philippine bar
3. Possesses other qualifications prescribed by Congress
4. Person of proven competence, integrity, probity and independence.
Qualifications of judges of lower non-collegiate courts:
1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar
3. Possesses other qualifications prescribed by Congress
4. 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.
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2.
3.
4.
5.
A professor of law
6.
7.
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.
2.
President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
2.
3.
4.
Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list.
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1. Members of the SC and judges of the lower courts hold office during good behavior
until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the
deliberations and voted therein.
3. Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
Secs. 4-6, 13. THE SUPREME COURT
Hearing of cases:
1.
En banc; or
2.
Divisions of 3, 5, or 7.
treaty
2.
3.
law
4.
presidential decree
5.
proclamation
6.
order
7.
instruction
8.
ordinance, or
9.
regulation;
tax
2.
impost
3.
assessment or
4.
toll or
5.
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3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and theSandiganbayan).
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
Code: [A R S Co R]
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.
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