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POLITICAL LAW REVIEWER POLITICAL sovereignty
CONSTITUTIONAL LAW 1. The sum total of all the influences in a state,
2. Legal and non-legal,
3. Which determine the course of law.
ARTICLE I THE NATIONAL TERRITORY
The national territory of the Philippines comprises: According to the Principle of AUTO-LIMITATION:
1. The Philippine archipelago Sovereignty is the property of the state-force due to which it has the
2. With all the islands and waters embraced therein exclusive capacity of legal self-determination and self-restriction.
3. And all other territories over which the Philippines has sovereignty
or jurisdiction Definition of Government
4. Consisting of its CODE: TFA 1. That institution or aggregate of institutions
1. Terrestrial 2. by which an independent society
2. Fluvial; and 3. makes and carries out those rules of action
3. Aerial domains 4. which are necessary to enable men to live in a social state
5. Including its CODE: TSSIO 5. or which are imposed upon the people forming that society by those
1. Territorial sea who possess the power or authority of prescribing them.
2. The seabed
3. The subsoil Classification of governments
4. The insular shelves; and 1. De jure one established by the authority of the legitimate sovereign
5. The other submarine areas 2. De facto one established in defiance of the legitimate sovereign
6. The waters CODE: ABCI
1. Around Classification of de facto governments
2. Between and De facto proper
3. Connecting 1. That government that gets possession and control of
4. The islands of the archipelago 2. or usurps by force or by the voice of majority
5. 3. the rightful legal government
Regardless of their breadth and dimensions 4. and maintains itself against the will of the latter.
Government of paramount force
Form part of the INTERNAL WATERS of the Philippines 1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
Definition of Archipelago 3. in the course of war.
- An archipelago is a body of water studded with islands. The That established as an independent government by the inhabitants
Philippine archipelago is that body of water studded with islands which of a country who rise in insurrection against the parent state.
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 Republican State
It is one wherein all government authority emanates from the people and is
Definition of all other territories over which the Philippines has sovereignty exercised by representatives chosen by the people.
or jurisdiction
- It includes any territory that presently belongs or might in the future Definition of Democratic State
belong to the Philippines through any of the internationally accepted This merely emphasizes that the Philippines has some aspects of direct
modes of acquiring territory. democracy such as initiative and referendum.
Archipelagic principle Sec. 2. The Philippines renounces war as an instrument of national policy,
Two elements: adopts the generally accepted principles of international law as part of the
1. The definition of internal waters (as provided above); law of the land and adheres to the policy of peace, equality, justice, freedom,
2. The straight baseline method of delineating the territorial sea cooperation, and amity with all nations.
consists of drawing straight lines connecting appropriate points on
the coast without departing to any appreciable extent from the Kind of war renounced by the Philippines
general direction of the coast. The Philippines only renounces AGGRESSIVE war as an instrument of
3. national policy. It does not renounce defensive war.
Important distances with respect to the waters around the Philippines Some generally accepted principles of international law recognized by the
1. Territorial sea - 12 nautical miles (n.m.) Court:
2. Contiguous zone - 12 n.m. from the edge of the territorial sea 1. Right of an alien to be released on bail while awaiting deportation
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) when his failure to leave the country is due to the fact that no
and (2)] country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v.
Selected principles Edu, 88 SCRA 195)
Sec 1. The Philippines is a democratic and republican State. Sovereignty Amity with all nations
resides in the people and all government authority emanates from them. This does not mean automatic diplomatic recognition of all nations.
Diplomatic recognition remains a matter of executive discretion.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE) Sec 3. Civilian authority is, at all times, supreme over the military. The
2. Permanently occupying a definite portion of territory (TERRITORY) Armed Forces of the Philippines is the protector of the people and the State.
3. Independent of external control (SOVEREIGNTY) Its goal is to secure the sovereignty of the State and the integrity of the
4. Possessing an organized government to which the great body of national territory.
inhabitants render habitual obedience (GOVERNMENT)
Civilian authority/supremacy clause (1st sentence)
Definition of People CODE: CNCH 1. Civilian authority simply means the supremacy of the law because
1. A Community of persons; authority, under our constitutional system, can only come from law.
2. Sufficient in Number; 2. Under this clause, the soldier renounces political ambition.
3. Capable of maintaining the continued existence of the community;
and Mark of sovereignty (2nd and 3rd sentences)
4. Held together by a common bond of law. 1. Positively, this clause singles out the military as the guardian of the
people and of the integrity of the national territory and therefore
Definition of Sovereignty ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.
LEGAL sovereignty
1. The supreme power to make law.
Sec 4. The prime duty of the Government is to serve and protect the
2. It is lodged in the people.
people. The Government may call upon the people to defend the State and,
in the fulfillment thereof, all citizens may be required, under conditions 1. Procedural due process refers to the mode of procedure which
provided by law, to render personal, military, or civil service. government agencies must follow in the enforcement and
application of laws.
Sec. 5. The maintenance of peace and order, the protection of life, liberty 2. Substantive due process prohibition against arbitrary laws.
and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy. Note: PROCEDURAL DUE PROCESS:
1. A law which hears before it condemns.
Sec. 6. The separation of Church and State shall be inviolable. 2. Due process of law contemplates notice and opportunity to be
heard before judgment is rendered affecting ones person or
Selected state policies property (Lopez v. Dir. of Lands)
3. Due process depends on circumstances; it varies with the subject
Sec. 7. The State shall pursue an independent foreign policy. In its relations matter and the necessities of the situation.
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination. Requisites of PROCEDURAL due process:
For JUDICIAL proceedings: CODE: C J N O H
Sec. 8. The Philippines, consistent with the national interest, adopts and 1. A court or tribunal clothed with judicial power to hear and determine
pursues a policy of freedom from nuclear weapons in its territory. the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the
Policy of freedom from nuclear weapons defendant or over the property which is the subject of the
The policy PROHIBITS: proceedings.
1. The possession, control and manufacture of nuclear 3. The defendant must be given notice and an opportunity to be
weapons heard.
2. Nuclear arms tests. 4. Judgment must be rendered upon a lawful hearing.
The policy does NOT prohibit the peaceful uses of nuclear energy.
For ADMINISTRATIVE proceedings: CODE: H E D S H I P
Sec. 12. The State recognizes the sanctity of family life and shall protect 1. The right to a hearing, which includes the right to present ones
and strengthen the family as a basic autonomous social institution. It shall case and submit evidence in support thereof.
equally protect the life of the mother and the life of the unborn from 2. The tribunal must consider the evidence presented.
conception. etc. 3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
Principle that the family is not a creature of the state. 5. The decision must be based on the evidence presented at the
hearing or at least contained in the record and disclosed to the
Protection for the unborn parties affected.
1. It is not an assertion that the unborn is a legal person. 6. The tribunal or body or any of its judges must act on its or his own
2. It is not an assertion that the life of the unborn is placed exactly on independent consideration of the law and facts of the controversy,
the level of the life of the mother. Hence, when it is necessary to and not simply accept the views of a subordinate in arriving at a
save the life of the mother, the life of the unborn may be sacrificed. decision.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up 7. The board or body should, in all controversial questions, render its
to the 6th month of pregnancy cannot be adopted in the Philippines decision in such a manner that the parties to the proceeding can
because the life of the unborn is protected from the time of know the various issues involved and the reasons for the decision
conception. rendered.
Note:
Sec. 16. The State shall protect and advance the right of the people to a 1. What is required is not actual hearing, but a real opportunity to be
balanced and healthful ecology in accord with the rhythm and harmony of heard.
nature. 2. The requirement of due process can be satisfied by subsequent
1. While the right to a balanced and healthful ecology is found under due hearing.
the declaration of Principle and State Policies and not under the Bill 3. Violation of due process: when same person reviews his own
of Rights, it does not follow that it is less important than any of the decision on appeal.
civil and political rights enumerated in the latter. (Oposa v. 4. Notice and hearing are required in judicial and quasi-judicial
Factoran) proceedings, but not in the promulgation of general rule.
2. The right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment. (Oposa For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
v. Factoran) 1. The student must be informed in writing of the nature and cause of
any accusation against them.
Sec. 26. The State shall guarantee equal access to opportunities for public 2. The student shall have the right to answer the charges against him,
service, and prohibit political dynasties as may be defined by law. with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against
Sec. 27. The State shall maintain honesty and integrity in the public service him.
and take positive and effective measures against graft and corruption. 4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating
Sec. 28. Subject to reasonable conditions prescribed by law, the State committee or official designated by the school authorities to hear
adopts and implements a policy of full public disclosure of all its transactions and decide the case.
involving public interest. 6. The penalty imposed must be proportionate to the offense.
Judicial review of the exercise of the power of eminent domain Who are not entitled to bail:
1. To determine the adequacy of the compensation 1) Persons charged with offenses PUNISHABLE by RECLUSION
2. To determine the necessity of the taking PERPETUA or DEATH, when evidence of guilt is strong
3. To determine the public use character of the taking. However, if 2) Persons CONVICTED by the trial court. Bail is only discretionary
the expropriation is pursuant to a specific law passed by Congress, pending appeal.
the courts cannot question the public use character of the taking. 3) Persons who are members of the AFP facing a court martial.
When municipal property is taken by the State: Other rights in relation to bail.
Compensation is required if the property is a patrimonial property, that is, 1) The right to bail shall NOT be impaired even when the privilege of the
property acquired by the municipality with its private funds in its corporate or writ of habeas corpus is suspended.
private capacity. However, if it is any other property such a public buildings 2) Excessive bail shall not be required.
or legua comunal held by the municipality for the State in trust for the
inhabitants, the State is free to dispose of it at will. Factors considered in setting the amount of bail:
1) Ability to post bail
Point of reference for valuating a piece of property: 2) Nature of the offense
General rule: The value must be that as of the time of the filing of the 3) Penalty imposed by law
complaint for expropriation. 4) Character and reputation of the accused
Exception: When the filing of the case comes later than the time of taking 5) Health of the accused
and meanwhile the value of the property has increased because of the use to 6) Strength of the evidence
which the expropriator has put it, the value is that of the time of the earlier 7) Probability of appearing at the trial
taking. BUT if the value increased independently of what the expropriator 8) Forfeiture of previous bail bonds
did, then the value is that of the latter filing of the case. 9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Sec. 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts: Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody
1) If it changes the terms and conditions of a legal contract either as to of the law.
the time or mode of performance 2. The constitutional right is available only in criminal cases, not, e.g.
2) If it imposes new conditions or dispenses with those expressed in deportation proceedings.
3) If it authorizes for its satisfaction something different from that provided Note:
in its terms. 1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through
A mere change in PROCEDURAL REMEDIES which does not change the recognizance.
substance of the contract, and which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of contracts. Sec. 14. Rights of an accused
A valid exercise of police power is superior to obligation of contracts. Rights of a person charged with a criminal offense
1. Right to due process of law
Sec. 12. Rights of person under investigation for the commission of an 2. Right to be presumed innocent
offense. 3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the accusation If the dismissal is valid, it amounts to an acquittal and can be used as basis
against him to claim double jeopardy. This would be the effect even if the dismissal was
5. Right to have a speedy, impartial and public trial made with the consent of the accused
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of Remedy of the accused if his right to speedy trial has been violated
witnesses and the production of evidence in his behalf 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
DUE PROCESS corpus.
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 Definition of impartial trial
procedure. The accused is entitled to the cold neutrality of an impartial judge.
It is an element of due process.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of Definition of public trial
certain facts leads to a prima facie presumption of guilt, provided that the The attendance at the trial is open to all irrespective of their relationship to
facts proved have a reasonable connection to the ultimate fact presumed. the accused. However, if the evidence to be adduced is offensive to
Presumption of guilt should not be conclusive. decency or public morals, the public may be excluded.
The right of the accused to a public trial is not violated if the hearings are
RIGHT TO BE HEARD BY HIMSELF AND COUNSEL conducted on Saturdays, either with the consent of the accused or if failed to
object thereto.
The right to be heard includes the following rights:
1. Right to be present at the trial RIGHT TO MEET WITNESS FACE TO FACE
- The right to be present covers the period from ARRAIGNMENT to Purposes of the right:
PROMULGATION of sentence. 1. To afford the accused an opportunity to cross-examine the witness
- After arraignment, trial may proceed notwithstanding absence of 2. To allow the judge the opportunity to observe the deportment of the
accused, provided 2 requisites are met. Note, that trial in absentia is witness
allowed only if the accused has been validly arraigned.
(i) Accused has been duly notified; and Failure of the accused to cross-examine a witness
(ii) His failure to appear is unjustifiable. If the failure of the accused to cross-examine a witness is due to his own
- The accused may waive the right to be present at the trial by not fault or was not due to the fault of the prosecution, the testimony of the
showing up. However, the court can still compel the attendance of the witness should be excluded.
accused if necessary for identification purposes. Exception: If the
accused, after arraignment, has stipulated that he is indeed the person When the right to cross-examine is demandable
charged with the offense and named in the information, and that any time It is demandable only during trials. Thus, it cannot be availed of during
a witness refers to a name by which he is known, the witness is to be preliminary investigations.
understood as referring to him. Principal exceptions to the right of confrontation
- While the accused is entitled to be present during promulgation of 1. The admissibility of dying declarations
judgement, the absence of his counsel during such promulgation does not 2. Trial in absentia under Section 14(2)
affect its validity. 3. With respect to child testimony
2. Right to counsel Sec 16. All persons shall have the right to a speedy disposition of their
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION. cases before all judicial, quasi-judicial, or administrative bodies.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before arraignment Distinction between Section 14 and Section 16
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio While the rights of an accused only apply to the trial phase of criminal cases,
must be appointed the right to a speedy disposition of cases covers ALL phases of JUDICIAL,
(iv) If the accused desires to obtain his own counsel, the court must give him QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
a reasonable time to get one.
Sec. 17. No person shall be compelled to be a witness against himself.
3. Right to an impartial judge
When is a question incriminating:
4. Right of confrontation and cross-examination 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
5. Right to compulsory process to secure the attendance of witnesses evidence to prove the commission of a crime by the accused or the witness.
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF Distinction between an accused and an ordinary witness
ACCUSATION AGAINST HIM 1. An accused can refuse to take the witness stand by invoking the
Purposes of the right: right against self-incrimination.
1) To furnish the accused with a description of the charge against him as 2. An ordinary witness cannot refuse to take the stand. He can only
will enable him to make his defenses refuse to answer specific questions which would incriminate him in
2) To avail himself of his conviction or acquittal against a further the commission of an offense.
prosecution for the same cause Scope of right
3) To inform the court of the facts alleged. 1. What is PROHIBITED is the use of physical or moral compulsion to
If the information fails to allege the material elements of the offense, the extort communication from the witness or to otherwise elicit
accused cannot be convicted thereof even if the prosecution is able to evidence which would not exist were it not for the actions compelled
present evidence during the trial with respect to such elements. from the witness.
The real nature of the crime charged is determined from the recital of facts in 2. The right does NOT PROHIBIT the examination of the body
the information. It is not determined based on the caption or preamble of the accused or the use of findings with respect to his body as
thereof nor from the specification of the provision of law allegedly violated physical evidence. Hence, the fingerprinting of an accused would
not violate the right against self-incrimination. However, obtaining a
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL sample of the handwriting of the accused would violate this right if
Factors used in determining whether the right to a speedy trial has he is charged for falsification.
been violated. 3. The accused cannot be compelled to produce a private document in
1) Time expired from the filing of the information his possession which might tend to incriminate him. However, a
2) Length of delay involved third person in custody of the document may be compelled to
3) Reasons for the delay produce it.
4) Assertion or non-assertion of the right by the accused
5) Prejudice caused to the defendant. When the right can be invoked:
1. In criminal cases
Effect of dismissal based on the ground of violation of the accuseds 2. In administrative proceedings if the accused is liable to a penalty
right to speedy trial (Ex. Forfeiture of property)
Who can invoke the right: 1) Acquittal
Only natural persons. Judicial persons are subject to the visitorial powers of 2) Conviction
the state in order to determine compliance with the conditions of the charter 3) Dismissal W/O the EXPRESS consent of the accused
granted to them. 4) Dismissal on the merits.
Who are citizens of the Philippines? Note: NO literacy, property or other substantive requirement can be imposed
1) Those who are citizens of the Philippines at the time of the adoption of on the exercise of suffrage.
the 1987 Constitution
2) Those whose fathers or mothers are citizens of the Philippines. Residency requirement
3) Those born before January 17, 1973 of Filipino mothers, who elect Residency, under Article V has 2 senses:
Philippine citizenship upon reaching the age of majority. 1. DOMICILE This is in reference to the 1 year residency requirement in
4) Those who are naturalized in accordance with law. the Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month
Modes of acquiring citizenship: residency requirement in the place where one wants to vote. In this case,
1) Jus Soli acquisition of citizenship on the basis of place of birth residence can either mean domicile or temporary residence.
2) Jus Sanguinis acquisition of citizenship on the basis of blood
relationship Disqualifications:
3) Naturalization the legal act of adopting an alien and clothing him with 1) Any person sentenced by final judgment to imprisonment of not less
the privilege of a native-born citizen. than 1 year, which disability has not been removed by plenary pardon.
Note: The Philippines follows (2) and (3) 2) Any person adjudged by final judgment of having violated his
allegiance to the Republic of the Philippines.
Election of citizenship under the 1987 Constitution: 3) Insane or feeble-minded persons.
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 Note: Under the 2nd disqualification, the right to vote is automatically re-
upon reaching the age of majority. Under the 1973 Constitution, however, acquired upon the expiration of 5 years after the service of sentence.
children born of Filipino mothers were already considered Filipinos.
ARTICLE VI THE LEGISLATIVE DEPARTMENT
Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the 1935 Sec. 1. The legislative power shall be vested in the Congress of the
Constitution. In order for the children to elect Filipino citizenship, the Philippines, which shall consist of a Senate and a House of Representatives,
mothers must have been Filipinos at the time of their marriage. So, if your except to the extent reserved to the people by the provision on initiative and
mother was a Filipina who married an alien under the 1935 constitution and referendum.
you were born before January 17, 1973, you can elect Filipino citizenship
upon reaching the age of majority. Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
When must the election be made: Classification of legislative power: (O De CO)
The election must be made within a reasonable period after reaching the age 1. Original Possessed by the people in their sovereign capacity
of majority. 2. Delegated Possessed by Congress and other legislative bodies
by virtue of the Constitution
Effects of naturalization: 3. Constituent The power to amend or revise the Constitution
1) The legitimate minor children of the naturalized father become Filipinos 4. Ordinary The power to pass ordinary laws
as well. Note:
2) The wife also becomes a Filipino citizen, provided that she does not The original legislative power of the people is exercised via initiative and
have any disqualification which would bar her from being naturalized. 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
Natural-born citizens: unit.
1) Citizens of the Philippines from birth who do not need to perform any
act to acquire or perfect their Philippine citizenship. Limits on the legislative power of Congress:
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 1. Substantive limitations on the content of laws. E.g. no law shall be
Constitution. passed establishing a state religion.
1. Procedural limitations on the manner of passing laws. E.g.
Marriage of Filipino with an alien: generally a bill must go through three readings on three separate
1) General Rule: The Filipino RETAINS Philippine citizenship days.
2) Exception: If, by their act or omission they are deemed, under the law, Note:
to have renounced it. Provided that these two limitations are not exceeded, Congress legislative
power is plenary.
Examples of renunciation of Philippine citizenship:
1) Voluntarily obtaining foreign passport Corollaries of legislative power:
2) Pledging allegiance to another country (ex. by becoming a naturalized 1. Congress cannot pass irrepealable laws. Since Congress powers
citizen of another country) are plenary, and limited only by the Constitution, any attempt to limit
the powers of future Congresses via an irrepealable law is not
Re-acquisition of citizenship allowed.
Natural-born Filipinos who are deemed to have lost their citizenship may re- 1. Congress, as a general rule, cannot delegate its legislative power.
acquire the same via repatriation proceedings. This involves taking an oath Since the people have already delegated legislative power to
of allegiance and filing the same with the civil registry. Congress, the latter cannot delegate it any further.
EXCEPTIONS:
How may one lose citizenship: 1. Delegation of legislative power to local government units;
1. By naturalization in a foreign country 2. Instances when the Constitution itself allows for such delegation
2. By express renunciation of citizenship [see Art. VI Sec. 23(2)]
3. By subscribing oath or allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country What may Congress delegate:
5. By being a deserter of the armed forces of ones country Congress can only delegate, usually to administrative agencies, RULE-
MAKING POWER or LAW EXECUTION. This involves either of two tasks for
How may one reacquire citizenship: the administrative agencies:
1. By direct act of Congress 1. Filling up the details on an otherwise complete statute; or
2. By naturalization
2. Ascertaining the facts necessary to bring a contingent law or Limitation/Possible Reduction
provision into actual operation. 1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers
Sec. 2-4. SENATE an elective office automatically vacated when the holder thereof files
a certificate of candidacy for another elective office (except
Composition President and Vice-President) is valid, as it only affects the officers
24 senators who shall be elected at large by the qualified voters of the tenure and NOT his constitutional term.
Philippines, as may be provided by law.
Party-List Representatives
Qualifications - Constitute 20% of the total number of representatives, including those
1. Natural-born citizen; under the party-list system (thus a maximum of 50 party-list members
2. At least 35 years old on the day of election; of the House)
3. Able to read and write; - However, for 3 consecutive terms from 2 February 1987 (i.e., the
4. A registered voter; and 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
5. Philippine resident for at least 2 years immediately preceding the representatives. Under Art. XVIII, Sec. 7, the sectoral representatives
day of the election. are to be appointed by the President until legislation otherwise
Note: The qualifications of both Senators and Members of the House are provides.
limited to those provided by the Constitution. Congress cannot, by law, add
or subtract from these qualifications. Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of
Term of Office: priority.
6 years, commencing (unless otherwise provided by law) at noon, 30 June 2. During the elections, these organizations are voted for at large.
next following their election. 3. The number of seats that each organization gets out of the 20%
allotted to the system depends on the number of votes they get.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms. Qualifications
2. Voluntary renunciation of office for any length of time shall not be 1. Natural born citizen of the Philippines
considered as an interruption in the continuity of his service for the 2. At least 25 years of age on the day of the election
full term for which he was elected. 3. Able to read and write
Sec. 5-7. HOUSE OF REPRESENTATIVES Sec. 9. In case of vacancy in the Senate or in the House of Representatives,
a special election may be called to fill such vacancy in the manner prescribed
Composition: by law, but the Senator or Member of the House of Representatives thus
1. Not more than 25 members, unless otherwise fixed by law; and elected shall serve only for the unexpired term.
2. Party-list Representative
Sec. 10. Salaries of Senators and Members of the House
Election of 250 members
1. They shall be elected from legislative districts apportioned among Determination of Salaries:
the provinces, cities and the Metropolitan Manila area. Salaries of Senators and Members of the House of Representatives shall be
2. Legislative districts are apportioned in accordance with the number determined by law.
of inhabitants of each area and on the basis of a uniform and
progressive ratio. Rule on increase in salaries:
1. Each district shall comprise, as far as practicable, contiguous, No increase in their salaries shall take effect until after the EXPIRATION OF
compact and adjacent territory; THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE
2. Each city with at least 250,000 inhabitants will be entitled to at least SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH
one representative. INCREASE.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 Note: Since the Constitution provides for rules on salaries and not on
years after the return of each census. According to Jack, however, emoluments, our distinguished legislators can appropriate for themselves
while the apportionment of districts is NOT a political question, the other sums of money such as travel allowances, as well as other side
judiciary CANNOT compel Congress to do this. benefits.
5. The standards used to determine the apportionment of legislative
districts is meant to prevent gerrymandering, which is the Sec. 11: CONGRESSIONAL IMMUNITIES
formation of a legislative district out of separate territories so as to
favor a particular candidate or party. 1.) Immunity from arrest:
1. Legislators are privileged from arrest while Congress is in session
Qualifications with respect to offenses punishable by up to 6 years of
1. Natural born citizen of the Philippines; imprisonment. Thus, whether Congress is in regular or special
2. At least 25 years old on the day of the election; session, the immunity from arrest applies.
3. Able to read and write; 2. If Congress is in recess, members thereof may be arrested.
4. Registered voter in the district he seeks to represent; and 3. The immunity is only with respect to arrests and NOT to prosecution
5. A resident of such district for at least one year immediately for criminal offenses.
preceding the day of the election.
2.) Legislative privilege:
Term of Office - No member shall be questioned or held liable in any forum other than
1. Each member of the House shall be elected for a term of three (3) his/her respective Congressional body for any debate or speech in the
years which shall commence (unless otherwise provided for by law) Congress or in any Committee thereof.
at noon on 30 June next following their election.
2. Voluntary renunciation of office for any length of time shall not be Limitation on the privilege:
considered as an interruption in the continuity of his service for the (i) Protection is only against forum other than Congress itself. Thus for
full term for which he was elected. inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
Term Limitations (ii) The speech or debate must be made in performance of their duties as
No member of the House of Representatives shall serve for more than three members of Congress. This includes speeches delivered, statements made,
(3) consecutive terms. votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
Distinctions between Term and Tenure (iii) Congress need NOT be in session when the utterance is made, as long
Definition as it forms part of legislative action, i.e. part of the deliberative and
Terms means the period during which the elected officer is legally communicative process used to participate in legislative proceedings in
authorized to assume his office and exercise the powers thereof. consideration of proposed legislation or with respect to other matters with
Tenure is the actual period during which such officer actually holds his Congress jurisdiction.
position.
Sec. 12. All Members of the Senate and the House of Representatives shall, 3.) An enrolled bill is the official copy of approved legislation and bears the
upon assumption of office, make a full disclosure of their financial and certifications of the presiding officers of each House. Thus where the
business interests. They shall notify the House concerned of a potential certifications are valid and are not withdrawn, the contents of the enrolled bill
conflict of interest that may arise from the filing of a proposed legislation of are conclusive upon the courts as regards the provision of that particular bill.
which they are authors.
Adjournments:
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS: 1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
Disqualifications: 2.) Neither can they adjourn to any other place than that where the two
DISQUALIFICATION WHEN APPLICABLE houses are sitting, without the consent of the other.
1. Senator/Member of the House During his term. If he does so, he
cannot hold any other office or forfeits his seat. Sec. 17: THE ELECTORAL TRIBUNAL
employment in the Government or
any subdivision, agency or The Senate and the House shall each have an Electoral Tribunal which
Instrumentality thereof, including shall be composed of:
GOCCS or their subsidiaries. 1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. Legislators cannot be appointed IF the office was created or the 2. 6 Members of the Senate or House, as the case may be.
to any office. emoluments thereof increased The senior Justice in the Electoral Tribunal shall be its Chairman.
during the term for which he was Note: The congressional members of the ETs shall be chosen on the basis
elected. of proportional representation from the political parties and party-list
3. Legislators cannot personally During his term of office. organizations.
appear as counsel before any court
of justice, electoral tribunal, quasi- Jurisdiction:
judicial and administrative bodies. 1.) Each ET shall be the sole judge of all CONTESTS relating to the
4. Legislators cannot be financially During his term of office. election, returns, and qualifications of their respective members. This
interested directly or indirectly in any includes determining the validity or invalidity of a proclamation declaring a
contract with or in any franchise, or particular candidate as the winner.
special privilege granted by the 2.) An election contest is one where a defeated candidate challenges the
Government, or any subdivision, qualification and claims for himself the seat of a proclaimed winner.
agency or instrumentality thereof, 3.) In the absence of an election contest, the ET is without jurisdiction.
including any GOCC or its However, the power of each House to expel its own members or even to
subsidiary. defer their oath-taking until their qualifications are determined may still be
5. Legislators cannot intervene in When it is for his pecuniary benefit exercised even without an election contest.
any matter before any office of the or where he may be called upon to
government. act on account of his office. Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional bodies, independent even
of the House from which the members are respectively taken, neither
Sec. 15: REGULAR AND SPECIAL SESSIONS Congress nor the Courts may interfere with procedural matters relating to the
functions of the ETs, such as the setting of deadlines or filing their election
Regular Sessions: contests with the respective ETs.
1.) Congress convenes once every year on the 4th Monday of July (unless 2.) The ETs being independent bodies, its members may not be arbitrarily
otherwise provided for by law) removed from their positions in the tribunal by the parties which they
2.) Continues in session for as long as it sees fit, until 30 days before the represent. Neither may they be removed for not voting according to party
opening of the next regular session, excluding Saturdays, Sundays, and lines, since they are acting independently of Congress.
legal holidays. 3.) The mere fact that the members of either the Senate or the House
sitting on the ET are those which are sought to be disqualified due to the
Special Sessions: filing of an election contest against them does not warrant all of them from
Called by the President at any time when Congress is not in session. being disqualified from sitting in the ET. The Constitution is quite clear that
the ET must act with both members from the SC and from the Senate or the
Sec. 16. Officers: House. If all the legislator-members of the ET were to be disqualified, the ET
1.) Senate President; would not be able to fulfill its constitutional functions.
2.) Speaker of the House; and 4.) Judicial review of decisions of the ETs may be had with the SC only
3.) Each House may choose such other officers as it may deem necessary. insofar as the decision or resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion constituting denial of due
Election of Officers process.
By a majority vote of all respective members.
Sec. 18: THE COMMISSION ON APPOINTMENTS
Quorum to do business:
1. Majority of each House shall constitute a quorum. Composition:
2. A smaller number may adjourn from day to day and may compel the 1.) Senate President as ex-officio chairman;
attendance of absent members. 2.) 12 Senators; and
3. In computing a quorum, members who are outside the country and 3.) 12 Members of the House.
thus outside of each Houses coercive jurisdiction are not included. Note: The 12 Senators and 12 Representatives are elected on the basis of
proportional representation from the political parties and party-list
Internal Rules: organizations.
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent Voting/Action
powers, under the principle of separation of powers, the courts 1.) The chairman shall only vote in case of a tie.
cannot intervene in the implementation of these rules insofar as 2.) The CA shall act on all appointments within 30 session days from their
they affect the members of Congress. submission to Congress.
3. Also, since Congress has the power to make these rules, it also has 3.) The Commission shall rule by a majority vote of all the Members.
the power to ignore them when circumstances so require.
Jurisdiction
Discipline: 1.) CA shall confirm the appointments by the President with respect to the
1.) Suspension following positions:
1. Concurrence of 2/3 of ALL its members and 1. Heads of the Executive Departments (except if it is the Vice-
2. Shall not exceed 60 days. President who is appointed to the post).
2.) Expulsion 2. Ambassadors, other public ministers or consuls.
1. Concurrence of 2/3 of ALL its members. 3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the
Congressional Journals and Records: Constitution (e.g. COMELEC members).
1.) The Journal is conclusive upon the courts. 2.) Congress CANNOT by law prescribe that the appointment of a person
2.) BUT an enrolled bill prevails over the contents of the Journal. to an office created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned 1. Powers will be exercised for a limited period only; and
positions while Congress is not in session shall only be effective until 2. Powers will be subject to restrictions prescribed by
disapproval by the CA or until the next adjournment of Congress. Congress
Expiration of emergency powers
Meetings of the CA 1. By resolution of Congress or
1.) CA meets only while Congress is in session. 2. Upon the next adjournment of Congress
2.) Meetings are held either at the call of the Chairman or a majority of all
its members. Sec. 24-27, 30-31 LEGISLATION
3.) Since the CA is also an independent constitutional body, its rules of
procedure are also outside the scope of congressional powers as well as that Bills that must originate from the House of Representatives (Section
of the judiciary. 24) CODE: A R T Pu Lo P
Note: The ET and the CA shall be constituted within 30 days after the 1. Appropriation bills
Senate and the House of Representative shall have been organized with the 2. Revenue bills
election of the President and the Speaker. 3. Tariff bills
4. Bills authorizing the increase of public debt
Sec. 21-22: LEGISLATIVE INQUIRIES 5. Bills of local application
6. Private bills
Scope: Note: The Senate may, however, propose or concur with amendments.
1. Either House or any of their committees may conduct inquires in
aid of legislation. Appropriation bills
2. In aid of legislation does not mean that there is pending legislation 1. The primary and specific aim of an appropriation bill is to
regarding the subject of the inquiry. In fact, investigation may be appropriate a sum of money from the public treasury.
needed for purposes of proposing future legislation. 1. Thus, a bill enacting the budget is an appropriations bill.
3. If the stated purpose of the investigation is to determine the 1. BUT: A bill creating a new office, and appropriating funds therefor
existence of violations of the law, the investigation is no longer in is NOT an appropriation bill.
aid of legislation but in aid of prosecution. This violates the
principle of separation of powers and is beyond the scope of Revenue Bill
congressional powers. 1. A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.
Enforcement: 1. Thus, a bill introducing a new tax is a revenue bill, but a provision
- Since experience has shown that mere requests for information does in, for instance, the Videogram Regulatory Board law imposing a
not usually work, Congress has the inherent power to punish tax on video rentals does not make the law a revenue bill.
recalcitrant witnesses for contempt, and may have them incarcerated
until such time that they agree to testify. Bills of local application
- The continuance of such incarceration only subsists for the lifetime, or A bill of local application, such as one asking for the conversion of a
term, of such body. Once the body ceases to exist after its final municipality into a city, is deemed to have originated from the House
adjournment, the power to incarcerate ceases to exist as well. Thus, provided that the bill of the House was filed prior to the filing of the bill in the
each Congress of the House lasts for only 3 years. But if one is Senate even if, in the end, the Senate approved its own version.
incarcerated by the Senate, it is indefinite because the Senate, with its
staggered terms, is a continuing body. Limitations:
- BUT, in order for a witness to be subject to this incarceration, the 1. For appropriation bills:
primary requirement is that the inquiry is within the scope of Congress 1. Congress cannot increase the appropriations recommended by the
powers. i.e. it is in aid of legislation. President for the operation of the Government as specified in the
- The materiality of a question is determined not by its connection to budget.
any actually pending legislation, but by its connection to the general 1. Each provision or enactment in the General Appropriations Bill must
scope of the inquiry. relate specifically to some particular appropriation therein and any
- The power to punish for contempt is inherent in Congress and this such provision or enactment must be limited in its operation to the
power is sui generis. It cannot be exercised by local government units appropriation to which it relates.
unless they are expressly authorized to do so. 1. The procedure in approving appropriations for Congress shall
strictly follow the procedure for approving appropriations for other
Limitations: departments and agencies.
- The inquiry must be conducted in accordance with the duly published 1. A special appropriations bill must specify the purpose for which it is
rules of procedure of the House conducting the inquiry; and intended and must be supported by funds actually available as
- The rights of persons appearing in or affected by such inquiries shall certified by the National Treasurer or to be raised by a
be respected. Ex. The right against self-incrimination. corresponding revenue proposal therein.
A. Competitive positions No officer or employee in the Civil Service shall engage in any
According to merit and fitness to be determined by competitive electioneering or in partisan political activity
examinations, as far as practicable except to positions which are 1) Cannot solicit votes in favor of a particular candidate.
policy-determining, primarily confidential, or highly technical. 2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the
B. Non-competitive positions names of the candidates whom he supports.
1). No need for competitive examinations. 4) Prohibition does not apply to department secretaries
2). 3 kinds Right to organize
a) Policy-determining formulate a method of action for the govt The right to organize does NOT include the right to strike
b) Primarily confidential more than ordinary confidence; close intimacy
insures freedom of intercourse without betrayals of personal trust Sections 6-7. DISQUALIFICATION
c) Highly technical requires technical skill to a superior degree.
Disqualifications
C. The TEST to determine whether non/competitive is the Nature of the 1) Losing candidates in any election
responsibilities, NOT the administrative or legislative description given a). Cannot be appointed to any office in the government or GOCCs or their
to it. subsidiaries.
b). Period of disqualification: One (1) year after such election.
D. Both types of positions are entitled to security of tenure. They only
differ in the MANNER in which they are filled. 2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY
E. Who may be appointed: PUBLIC OFFICE or position during their tenure.
1). RULE: Whoever fulfills all the qualifications prescribed by law for a b). EXCEPTION: May hold ex officio positions.
particular position may be appointed therein. Examples:
2). The CSC cannot disapprove an appointment just because another person The Vice President may be appointed Cabinet member
is better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign C. Decisions, final orders, or rulings of the Commission on election contests
his office involving elective municipal and barangay offices shall be final, executory,
d). Even Congress cannot, by law, authorize the appointment of an elective and not appealable.
official.
Exception: Appealable to the SC on questions of law.
3). Appointive officials 1. Contempt powers
a). Cannot hold any other office or employment in the government, any 1. COMELEC can exercise this power only in relation to its adjudicatory or
subdivision, agency, instrumentality, including GOCCs and their quasi-judicial functions. It CANNOT exercise this in connection with its
subsidiaries. purely executive or ministerial functions.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary 2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-
functions of his position. judicial/administrative powers.
c). This exception DOES NOT APPLY to Cabinet members, and those 3. Its jurisdiction over contests (after proclamation), is in exercise of its
officers mentioned in Art. VII, Sec. 13. They are governed by the stricter judicial functions.
prohibitions contained therein. E. The COMELEC may issue writs of certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This is not an inherent power.
Section 8. COMPENSATION
1) Prohibitions: applies to elected or appointed officers and 3) Decide, except those involving the right to vote, all questions affecting
employees elections, including determination of the number and location of polling
places, appointment of election officials and inspectors, and registration of
Cannot receive: voters.
A. Additional - an extra reward given for the same office i.e. bonus Note: Questions involving the right to vote fall within the jurisdiction of the
B. Double - when an officer is given 2 sets of compensation for 2 different ordinary courts.
offices held concurrently by 1 officer 4) Deputize, with the concurrence of the President, law enforcement
C. Indirect Compensation agencies and instrumentalities of the Government, including the Armed
Forces of the Philippines, for the exclusive purpose of ensuring free, orderly,
2) EXCEPTION: Unless specifically authorized by law honest, peaceful, and credible elections.
A. SPECIFICALLY AUTHORIZED means a specific authority particularly a). This power is NOT limited to the election period.
directed to the officer or employee concerned. b). Applies to both criminal and administrative cases.
B. BUT: per diems and allowances given as REIMBURSEMENT for 5) Registration of political parties, organizations, or coalitions/accreditation of
expenses actually incurred are not prohibited citizens arms of the Commission on Elections.
3) Cannot accept any present, emolument, office, title of any kind from a). The political parties etc. must present their platform or program of
foreign governments UNLESS with the consent of Congress. government.
4) Pensions and gratuities are NOT considered as additional, double, or b). There should be sufficient publication
indirect compensation. c). Groups which cannot be registered:
i. Religious denominations/sects
THE COMMISSION ON ELECTIONS ii. Groups which seek to achieve their goals through violence or unlawful
means
Section 1. COMPOSITION/QUALIFICATIONS/TERM iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
Composition: (7) d). BUT: Political parties with religious affiliation or which derive their
1) Chairman and principles from religious beliefs are registerable.
2) Commissioners (6) e). Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
Qualifications: constitute interference in national affairs. If accepted, it is an additional
1) Natural-born citizens of the Philippines; ground for the cancellation of their registration with the Commission, in
2) At least 35 years old at the time of appointment addition to other penalties that may be prescribed by law.
3) Holders of college degrees; and 1) File, upon a verified complaint, or on its own initiative, petitions in court
4) Not candidates for any elective position in the immediately preceding for inclusion of exclusion of voters; investigate and, where appropriate,
elections. prosecute cases of violations of election laws, including acts or omissions
5) Majority of the Commission, including the Chairman must be: constituting elections frauds, offenses and malpractices.
a). Members of the Philippines Bar 1. COMELEC has exclusive jurisdiction to investigate and prosecute
b). Engaged in the practice of law for at least 10 years: any activity in or out cases for violations of election laws.
of court, which requires the application of law, legal procedure, knowledge, 2. COMELEC can deputize prosecutors for this purpose. The actions
training and experience. of the prosecutors are the actions of the COMELEC
6) Appointments subject to CA approval 3. Preliminary investigation conducted by COMELEC is valid.
2) Recommend to the Congress effective measures to minimize election
Term: spending, including limitation of places where propaganda materials shall be
1) Chairman -7 yrs; 3 Members 7 yrs; 2 Members 5 yrs; 1 Member 3 posted, and to prevent and penalize all forms of election frauds, offenses,
yrs. malpractices, and nuisance candidacies.
2) LIMITATION: Single term only: no reappointment allowed 3) Recommend to the President the removal of any officer or employee it
3) Appointment to a vacancy: only for unexpired portion of predecessors has deputized, or the imposition of any other disciplinary action, for violation
term or disregard or, or disobedience to its directive, order, or decision.
4) No temporary appointments, or appointments in acting capacity 4) Submit to the President and the congress a comprehensive report on
a). Thus, the President cannot designate an incumbent commissioner as the conduct of each election, plebiscite, initiative, referendum, or recall.
acting Chairman.
b). The choice of temporary chairman falls under the COMELECs discretion. Section 3. RULES OF PROCEDURE/DECISION-MAKING
Sec. 11. Metropolitan political subdivisions Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS
Creation: By Whom:
1) Congress may create special metropolitan political subdivisions by law. The President
2) It is subject to a plebiscite
Jurisdiction of Metropolitan authority Purpose:
It is limited to basic services requiring coordination. To ensure that the laws are faithfully executed.
Basic Autonomy of Component Cities and Municipalities
1) The component cities and municipalities retain their basic autonomy Sec. 17. All powers, functions and responsibilities not granted by this
2) They shall be entitled to their own local executive and legislative Constitution or by law to the autonomous region shall be vested in the
assemblies. National Government.
Examples: 1) Foreign relations,
Sec. 12. CITIES 2) National defense and Security
Classification of Cities: 3) Monetary Affairs
1) Highly urbanized (as determined by law)
2) Component cities (cities still under provincial control); and Section 20. LEGISLATIVE POWERS
3) Independent component cities (non-highly urbanized cities whose The Organic Act of Autonomous Region shall provide for legislative
voters are prohibited by thecity charter from voting in provincial elections) powers over:
Independence from the Province 1) Administrative organization;
1) Highly urbanized cities and independent component cities are 2) Creation of sources of revenues;
independent of the province. 3) Ancestral domain and natural resources
2) Component cities whose charter contain no such prohibition are still 4) Personal, family and property relations
under the control of the province and its voters may still vote for elective 5) Regional, urban, and rural planning development;
provincial officials. 6) Economic, social, and tourism development;
7) Educational policies;
Section 13. Coordination among LGUS 8) Preservation and development of the cultural heritage; and
Consolidation and Coordination of Efforts, Services and Resources 9) Such other matters as may be authorized by law for the promotion of
1) It is optional on the part of LGUs as shown by the use of the word the general welfare of the people of the region.
may
2) It can be done for purposes commonly beneficial to them in Limitations:
accordance with the law. 1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
Under LGC (Section 33)
1) Consolidation and coordination may be done through appropriate Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND
ordinances. SECURITY
2) A public hearing should be conducted and the approval of the Peace and Order
sanggunian obtained. It shall be the responsibility of the local police agencies.
3) An LGU can: Defense and Security
1. Contribute funds, real estate, equipment and other kinds of property It shall be the responsibility of the national government.
2. Appoint/assign personnel under such terms and conditions as may
be agreed upon by the participating LGUs through Memoranda of ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS
Agreement.
Section 1: PUBLIC OFFICE AS A PUBLIC TRUST
Section 14. REGIONAL DEVELOPMENT COUNCILS Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and
Who can provide for RDC efficiency, act with patriotism and justice and lead modest lives.
The President shall provide for RDC or other similar bodies composed of:
Composition Section 2: IMPEACHMENT/REMOVAL FROM OFFICE
1) Local government officials Impeachment: (as means of removal from office)
2) Regional heads of departments and other government offices
3) Representatives of NGOS within the regions 1. Who may be impeached:
For Purpose of - President
1) Administrative decentralization - VP
2) To strengthen local autonomy - SC Justices
3) To accelerate the economic and social growth and development of the - Constitutional Commission members
units in the region - Ombudsman
Section 15. AUTONOMOUS REGIONS 2. Grounds
Where: - Culpable violation of the Constitution
1) Muslim Mindanao - treason
2) Cordillera region - bribery
- graft and corruption
Factors: - other high crimes or
1) Historical heritage - betrayal of public trust
2) Cultural heritage
3) Economic and social structures, Note: It is an exclusive list. Congress cannot, by law, add to the list of
4) Other relevant characteristics within: impeachable offenses.
1. The framework of the consititution 1. These officers cannot be charged in court with offenses that have
2. National sovereignty removal from office as penalty.
3. Territorial integrity. 2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would disqualify him
Creation: from his position.
1) Provided by law. 4. BUT AFTER an official has been impeached, he can be charged
2) EFFECTIVITY of such creation occurs only when it is approved by a with the appropriate offense.
majority of the votes cast in a plebiscite held among the constituent units. 5. Resignation by an impeachable official does not place him beyond
3) Only those Provinces, Cities, and Geographical Areas voting favorably the reach of impeachment proceedings; he can still be impeached
in such plebiscite shall form part of the autonomous region.
All Other Public Officers and Employees
1. They may be removed from office as provided by law 1. By the president from a list of at least 6 nominees prepared by the
2. BUT: NOT by impeachment Judicial and Bar Council. Vacancies will be filled from a list of 3
nominees
Section 3: PROCEDURE FOR IMPEACHMENT 2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they occur.
Exclusive Power of House of Representatives
The House of Representatives has exclusive power to INITIATE all cases of 2. Of other officials and employees of the Office of the Ombudsman
impeachment. 1. By the Ombudsman
2. In accordance with Civil Service Law
Procedure:
1. Filling of verified complaint Term: (Ombudsman and deputies)
1. Can be filed by: 1. 7 years with reappointment
1. Any member of the House of Representatives or 2. They are NOT qualified to run for any office in the election immediately
2. Any citizen upon a resolution of endorsement by any Member of the succeeding their cessation from office
House or
3. By at least 1/3 of all the Members of the House of Representatives Rank/Salaries:
2.) Inclusion of complaint in the order of business with 10 session days 1. The Ombudsman has the rank of Chairman of a Constitutional
3.) Referral to proper Committee within 3 session days thereafter Commission
4.) Submission of Committee report to the House together with 2. The Members have the rank of members of a Constitutional Commission
corresponding resolution 3. Their salaries cannot be decreased during their term of office.
1. There should be a hearing
2. There should be a majority vote of the members Powers, Functions and Duties of the Office of the Ombudsman
3. The report should be submitted within 60 days from referral, after 1. Investigate on its own, or on complaint by any person, any act or omission
hearing, and by a majority vote of ALL its members. of any public official, employee, office or agency, when such act or omission
5.) Calendaring of resolution for consideration by the House appears to be illegal, unjust, improper, or inefficient.
Should be done within 10 session days from receipt thereof 1. The SC held that the power to investigate and prosecute cases
6.) Vote of at least 1/3 of all Members of the House necessary to: involving public officers and employees has been transferred to the
1. Affirm a favorable resolution with the Articles of Impeachment of the Ombudsman.
Committee or 2. The Ombudsman may always delegate his power to investigate.
2. To override its contrary resolution 3. The power to investigate includes the power to impose preventive
Note: If the verified complaint or resolution of impeachment was filed by at suspension.
least 1/3 of all the Members of the House, it shall constitute the Articles of 4. This preventive suspension is not a penalty.
Impeachment. Trial in the Senate shall proceed. 5. INVESTIGATE does not mean preliminary investigation.
7.) Trial in the Senate 6. The complaint need not be drawn up in the usual form.
1. Senate has the sole power to try and decide all cases of 7. The ILLEGAL act or omission need not be in connection with the
impeachment duties of the public officer or employee concerned.
2. For this purpose, the Senators shall be under oath or affirmation 8. ANY illegal act may be investigated by the Ombudsman. In this
3. When the President of the Philippines is on trial, the CJ of the regard, the Ombudsmans jurisdiction is CONCURRENT with that of
Supreme Court presides. However, he/she will not vote. the regular prosecutors.
8.) Judgment of Conviction 2. Direct, upon complaint or at its own instance, any public official or
This requires the concurrence of 2/3 of all the Members of the Senate employee of the government, or any subdivision, agency or instrumentality
9.) Effect of the Impeachment thereof, as well as of any government-owned or controlled corporation with
1. Removal from office of the official concerned original charter, to perform and expedite any act of duty required by law, or to
2. Disqualification to hold any office under the Republic of the stop, prevent, and correct any abuse or impropriety in the performance of
Philippines duties.
3. Officer still liable to prosecution, trial, and punishment if the 1. The Ombudsman has PERSUASIVE POWER, and may require that
impeachable offense committed also constitutes a felony or crime. proper legal steps are taken by the officers concerned.
2. The public official or employee must be employed in:
Section 4: SANDIGANBAYAN (I). The Government
(II). Any subdivision, agency, or instrumentality thereof; or
Sandiganbayan = the anti-graft court (III). GOCCs with original charters
1. The SC has held that the SP may prosecute before the
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN Sandiganbayan judges accused of graft and corruption, even if they
are under the Supreme Court.
Composition: 3.) Direct the officer concerned to take the appropriate action against a
1.) Ombudsman/Tanodbayan public official or employee at fault, and recommend his removal, suspension,
2.) Overall deputy demotion, fine, censure, or prosecution, and ensure compliance therewith.
3.) At least one Deputy each for Luzon, Visayas and Mindanao 1. The Ombudsman does NOT himself prosecute cases against public
4.) Deputy for military establishment may be appointed officers or employees.
2. Final say to prosecute still rests in the executive department.
Qualifications: (Ombudsman and his deputies) 3. The Ombudsman or Tanodbayan may use mandamus to compel
1.) Natural born citizen of the Philippines the fiscal to prosecute.
2.) At least 40 years old at time of appointment 4.) Direct the officer concerned, in any appropriate case, and subject to such
3.) Of recognized probity and independence limitations as may be provided by law to furnish it with copies of documents
4.) Member of the Philippine bar relating to contracts or transactions entered into by his office involving the
5.) Must not have been candidate for any elective office in the immediately disbursement or use of public funds of properties, and report any irregularity
preceding election to COA for appropriate action.
6.) For Ombudsman: He must have been for ten years or more 5.) Request any government agency for assistance and information
1. A judge or necessary in the discharge of its responsibilities, and to examine, if
2. Engage in the practice of law in the Philippines necessary, pertinent records and documents.
6.) Public matters covered by its investigation when circumstances so
Disqualifications/Prohibitions (under Article IX, Section 2) warrant and with due process.
1.) Cannot hold any other office or employment during his tenure 7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and
2.) Cannot engage in the practice of any profession or in the active corruption in the government and make recommendations for their
management or control of any business which may be affected by the elimination and the observance of high standards of ethics and efficiency
functions of his office 8.) Promulgate its rules of procedure and exercise such other powers or
3.) Cannot be financially interested, directly or indirectly, in any contract perform such functions or duties as may be provided by law.
with or in any franchise or privilege granted by the Government, any of its Note: The Office of the Ombudsman also has the duty to act promptly on
subdivisions, agencies or instrumentalities, including GOCCs or their complaints filed in any form or manner against public officials or employees
subsidiaries. of the government, or any subdivision, agency or instrumentality including
GOCCs and their subsidiaries. In appropriate cases, it should notify the
Appointment complainants of the action taken and the result thereof.
1. Of Ombudsman and deputies
Fiscal Autonomy 3.) The Election Code provides the rules with respect to non-incumbents,
The Office of the Ombudsman enjoys fiscal autonomy. Its approved annual i.e. persons running for elective offices.
appropriations should be automatically and regularly released. 1. The Code provides that permanent residents of or immigrant to a
foreign country cannot file certificates of candidacy unless they
Section 7: OFFICE OF THE SPECIAL PROCECUTOR expressly waive their status as such
1. Under the 1987 Constitution, the existing Tanodbayan became the Office This renunciation must be some other than, and prior to, the filling of the
of the Special Prosecutor certificate of candidacy.
2. Powers
1. It will continue to function and exercise its powers as now or ARTICLE XII NATIONAL ECONOMY AND PATRIMONY
hereafter may be provided by law
2. Exception: Powers conferred on the Office of the Ombudsman Sec. 1. GOALS OF THE NATIONAL ECONOMY
3. The Office of the Special Prosecutor is subordinate to and acts under the
orders of the Ombudsman Three-fold goal:
Note: According to Jack, the SC was wrong because the ConCom 1. More equitable distribution of opportunities, income and wealth;
intended that the SP was to prosecute anti-graft cases. 2. Sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and
Section 15: RECOVERY OF ILL-GOTTEN WEALTH 3. Expanding productivity, as the key to raising the quality of life for all.
Prescription, Laches, Estoppel The State shall promote industrialization and full employment
1.) The right of the State to recover properties unlawfully acquired by public 1. It should be based on sound agricultural development and agrarian
officials and employees from them or from their nominees or transferees reform
shall NOT be barred by prescription, laches or estoppel. 2. It should be through industries that make full and efficient use of human
2.) Their right to prosecute criminally these officials and employees may and natural resources. Industries should also be competitive in both
prescribe. domestic and foreign markets.
Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Protection of Filipino enterprises
The State shall protect Filipino enterprises against unfair foreign competition
Coverage: and trade practices.
This prohibition applies to:
1.) President Role of Private Enterprises
2.) Vice-President Private enterprises, including corporations, cooperatives, and similar
3.) Members of the Cabinet collective organizations, shall be encouraged to broaden the base of their
4.) Members of Congress ownership
5.) Members of Supreme Court
6.) Members of Constitutional Commissions Section 2. REGALIAN DOCTRINE
7.) Ombudsman
8.) Any firm or entity in which they have controlling interest Distinction between Imperium and Dominium.
1. Imperium
When prohibition applies: Government authority possessed by the State which is appropriately
Prohibition applies during their TENURE. embraced in sovereignty.
2. Dominium
Scope of prohibition: 1. The capacity of the State to own and acquire property.
1.) The above mentioned officials cannot obtain, directly or indirectly for 2. It refers to lands held by the government in a proprietary character:
BUSINESS PURPOSES: can provide for the exploitation and use of lands and other natural
1. Loans resources.
2. Guarantees
3. Other forms of financial accommodation Scope:
From: The following are owned by the State:
1. Government owned or controlled banks; or 1. Lands of the public domain:
2. Government owned or controlled financial institutions. Waters
2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the Minerals, coals, petroleum, and other mineral oils;
prohibition does not apply. All sources of potential energy;
Fisheries;
Section 17: Statements of assets, liabilities and net worth Forests or timber;
Wildlife;
When submitted: Flora and fauna; and
Public officer and employee shall submit a declaration under oath of his Other natural resources.
assets, liabilities and net worth upon assumption of office and as often as
required under the law. Alienation of Natural Resources
1. General Rule: All natural resources CANNOT be alienated
When declaration shall be disclosed to the public: 2. Exception: Agricultural lands
These declarations shall be disclosed to the public in a manner provided by
law in the case of: Exploration, Development and Utilization of Natural Resources
1.) President 1. Shall be under the full control and supervision of the State
2.) Vice-President 2. Means
3.) Members of the Cabinet A. The state may DIRECTLY UNDERTAKE such activities
4.) Members of Congress B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR
5.) Justices of the Supreme Court PRODUCTION-SHARING arrangements with
6.) Members of Constitutional Commissions 1. Filipino citizen or
7.) Other constitutional offices 2. Corporation or association at least 60% of whose capital is owned
8.) Officers of the armed forces with general or flag rank by such citizens
3. Limitations:
Section 18: Allegiance of public officers and employees A. Period: It should not exceed 25 years, renewable for not more than 25
years
Allegiance to the State and to the Constitution 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
Change in Citizenship/Immigrant Status development of water power
1.) Incumbent public officers and employees who seek either: The beneficial use may be the measure and limit of the grant.
1. Change his citizenship; or
2. Acquire immigrant status in another country Small-scale Utilization of Natural Resources
Shall be dealt with by law. 1. Congress may, by law, authorize small-scale utilization of natural
2.) If Philippine citizenship is one of the qualifications to the office, the loss resources by Filipino citizens
of such citizenship means the loss of the office by the incumbent.
2. Congress may also authorize cooperative fish farming with priority given to 2. b. Watershed areas for such period as it may determine.
subsistence fishermen and fishworkers in the rivers, lakes, bays and
lagoons. Section 5. ANCESTRAL LANDS
Large-Scale Exploration, Development and Utilization of Protection of Indigenous Cultural Communities
Minerals/Petroleum/Other Mineral Oils 1. The State protects the rights of indigenous cultural communities to their
1. The President may enter into agreements with foreign owned ancestral lands
corporations involving technical or financial assistance for large-scale A. Subject to Constitutional provisions
exploration etc. of minerals, petroleum, and other mineral oils. These B. Subject to national development policies and programs
agreements should be in accordance with the general terms and conditions 2. In determining ownership and extent of ancestral domain, Congress may
provided by law. use customary laws on property rights and relations.
2. They should be based on the real contributions to economic growth and 3. ANCESTRAL DOMAIN
general welfare of the country. A. It refers to lands which are considered as pertaining to a cultural region
3. In the agreements, the State should promote the development and use of B. This includes lands not yet occupied, such as deep forests.
local scientific and technical resources.
4. The President should notify Congress of every contract under this Section 7. PRIVATE LANDS
provision within 30 days from its execution. General rule
5. Management and service contracts are not allowed under this rule. 1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
Protection of Marine Wealth B. Corporations or associations incorporated in the Philippines, at least 60%
1. The State shall protect its marine wealth in its of whose capital is owned by Filipino citizens
Archipelagic waters 2. Exceptions
Territorial sea & A. In intestate succession, where an alien heir of a Filipino is the transferee
EEZ of private land.
2. The State shall reserve its use and enjoyment exclusively to Filipino B. A natural born citizen of the Philippines who has lost his Philippine
citizens. citizenship may be a transferee of PRIVATE ALND, subject to limitation
provided by law. Hence, land can be used only for residential purposes. In
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO this case, he only acquires derivative title.
1. Agricultural C. Foreign states may acquire land but only for embassy and staff residence
2. Forest/timber purposes.
3. Mineral lands & 3. Filipino citizenship is only required at the time the land is acquired. Thus,
4. National Parks loss of citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership.
Note: Therefore:
1. Classification of public lands is an exclusive prerogative of the Executive A. Aliens may be lessees or usufructuaries of private lands
Department through the Office of the President, upon recommendation by B. Aliens may be mortgages of land, as long as they do not obtain
the DENR. possession thereof and do not bid in the foreclosure sale.
2. Classification is descriptive of the legal nature of the land and NOT what it 5. Land tenure is not indispensable to the free exercise of religious
looks like. Thus, the fact that forest land is denuded does not mean it is no profession and worship. A religious corporation controlled by non-Filipinos
longer forest land. cannot acquire and own land, even for religious purposes.
Alienable lands of public domain Remedies to recover private lands from disqualified aliens:
1. Only agricultural lands are alienable. 1. Escheat proceedings
2. Agricultural lands may be further classified by law according to the uses 2. Action for reversion under the Public Land Act
to which they may be devoted. 3. An action by the former Filipino owner to recover the land
A. The former pari delicto principle has been abandoned
Limitations regarding Alienable Lands of the Public Domain B. Alien still has the title (didnt pass it on to one who is qualified)
1. For private corporations or associations
A. They can only hold alienable lands of the public domain BY LEASE Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
B. Period: Cannot exceed 25 years, renewable for not more than 25
years Power of Congress
C. Area: Lease cannot exceed 1,000 hectares 1. Congress, upon the recommendation of NEDA, can reserve to Filipino
Note: A corporation sole is treated like other private corporations for the citizens or to corporations or associations at least 60% of whose capital is
purpose of acquiring public lands. owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investment. This may be done when the national
2. For Filipino citizens interest dictates.
A. Can lease up to 500 hectares 2. Congress shall also enact measures to encourage the formation and
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or operation of enterprises whose capital is wholly owned by Filipinos.
grant. National Economy and Patrimony
Taking into account the requirements of conservation, ecology and In the grant of rights, privileges and concessions covering the national
development, and subject to the requirements of agrarian reform, Congress economy and patrimony, the State shall give preference to QUALIFIED
shall determine by law the size of the lands of the public domain which may Filipinos.
be acquired, developed, held or lease and the conditions therefore.
Means by Which Lands of the Public Domain Become Private Land Section 11. FRANCHISES FOR PUBLIC UTILITIES
1. Acquired from government by purchase or grant;
2. Uninterrupted possession by the occupant and his predecessors-in- Power to grant:
interest since time immemorial; and 1. Congress may directly grant a legislative franchise; or
3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) 2. Power to grant franchises may be delegated to appropriate regulatory
public land for a period of 30 years. agencies and/or LGUs
A. Upon completion of the requisite period, the land becomes private Public utility
property ipso jure without need of any judicial or other sanction. 1. In order to be considered as a public utility, and thus subject to this
B. Here, in possession since time immemorial, presumption is that the land provision, the undertaking must involve dealing directly with the public.
was never part of public domain. 2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT
C. In computing 30 years, start from when land was converted to alienable grantee merely constructs the utility, and it leases the same to the
land, not when it was still forest land government. It is the government which operates the public utility (operation
D. Presumption is that land belongs to the State. separate from ownership).
Section 4. Congress shall, as soon as possible, determine by law, the To whom granted:
specific limits of forest lands and national parks, marking clearly their 1. Filipino citizens or
boundaries on the ground. Thereafter, such forest lands and national 2. Corporations or associations incorporated in the Philippines and at least
parks shall be conserved and may not be increased or diminished, 60% of the capital is owned by Filipino citizens.
EXCEPT by law. Congress shall provide measures to prohibit logging
in Terms and conditions:
1. a. Endangered forest and 1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS
3. Franchise is granted under the condition that it is subject to amendment,
alteration, or repeal by Congress when the common good so requires. Social Justice
Participation of Foreign Investors 1) Social justice in the Constitution is principally the embodiment of the
1. The participation of foreign investors in the governing body of any public principle that those who have less in life should have more in law.
utility enterprise shall be limited to their proportionate share in its capital. 2) The 1987 Constitution advances beyond what was in previous
2. Foreigners cannot be appointed as the executive and managing officers Constitutions in that it seeks not only economic social justice but also political
because these positions are reserved for Filipino citizens. social justice.
Section 16. FORMATION/ORGANIZATION/REGULATION OF Principal activities in order to achieve social justice
CORPORATIONS 1) Creation of more economic opportunities and more wealth; and
1. Private corporations 2) Closer regulation of the acquisition, ownership, use and disposition of
Congress can only provide for the formation, etc of private corporations property in order to achieve a more equitable distribution of wealth and
through a general law. political power.
2. GOCCs
They may be created by: Labor
a. Special charters in the interest of the common good and subject to the test
Section 3 of Article XIII elaborates on the provision in Article II by
of economic viability.
specifying who are protected by the Constitution, what rights are
b. By incorporation under the general corporation law.
guaranteed, and what positive measures the state should take in
order to enhance the welfare of labor.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of operations:
Right to organize and to hold peaceful concerted activities
A. Conditions
i. National emergency and The right to organize is given to all kinds of workers BOTH in the
ii. When the public interest requires PRIVATE and PUBLIC sectors.
B. May be used against privately owned public utilities or businesses The workers have a right to hold peaceful concerted activities
affected with public interest. except the right to strike, which is subject to limitation by law.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions Right to participate in the decision making process of employers
E. No need for just compensation because it is only temporary. The workers have the right to participate on matters affecting their rights and
2. Nationalization of vital industries: benefits, as may be provided by law. This participation can be through
A. Exercised in the interest of national welfare or defense 1) collective bargaining agreements,
B. Involves either: 2) grievance machineries,
i. Establishment and operation of vital industries; or 3) voluntary modes of settling disputes, and
ii. Transfer to public ownership, upon payment of just compensation, public 4) conciliation proceedings mediated by government.
utilities and other private enterprises to be operated by the government.
Agrarian Reform
Section 19. MONOPOLIES
1. The Constitution does NOT prohibit the existence of monopolies. Goals:
2. The State may either regulate or prohibit monopolies, when public interest Agrarian reform must aim at
so requires. 1) efficient production,
3. Combinations in restraint of trade or unfair competition are prohibited. 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
Filipino citizenship or equity requirements: 3) a just share of other or seasonal farmworkers in the fruits of the land.
ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY CARL as an exercise of police power and power of eminent domain
Exploitation of natural resources To the extent that the law prescribes retention limits for landowners,
1. Filipino citizens; or there is an exercise of police power. But where it becomes
2. Corporations incorporated in RP, necessary to deprive owners of their land in excess of the maximum
with 60% Filipino ownership allowed there is compensable taking and therefore the exercise of
Operation of Public Utilities eminent domain.
1. Filipino citizens; or
2. Corporations incorporated in RP, Reach of agrarian reform
with 60% Filipino ownership
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
Acquisition of alienable lands of the public domain
grounds.
1. Filipino citizens;
2. Corporations incorporated in RP, with 60% Filipino ownership;
The Commission on Human Rights
3. Former natural-born citizens of RP, as transferees, with certain legal
restrictions; and
Composition:
4. Alien heirs as transferees in case of intestate succession.
1) Chairman; and
2) 4 members
Practice of ALL Professions Filipino citizens only (natural
persons)
Qualifications:
*Congress may, by law, otherwise prescribe
1) Natural-born citizens of the Philippines;
2) Majority of the Commission must be members of the Philippine Bar;
Mass Media 1. Filipino citizens; or
3) Term of office, other qualifications and disabilities shall be provided by
2. Corporations incorporated in RP, and 100% Filipino owned
law;
4) The appointment of the CHR members is NOT subject to CA
Advertising 1. Filipino citizens; or
confirmation; and
2. Corporations incorporated in RP, and 70% Filipino owned.
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
Educational institution 1. Filipino citizens; or
Powers:
2. Corporations incorporated in RP, with 60% Filipino ownership
1) Investigate all forms of human rights violations involving civil or political
EXCEPT: Schools established by religious groups and mission boards.
rights
*Congress may, by law, increase Filipino equity requirements for ALL
A. Violations may be committed by public officers or by civilians or rebels.
educational institutions.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights
Other economic activities Congress may, by law, reserve
violations.
to Filipino citizens or to corporations 60% Filipino owned (or even higher)
D. They cannot investigate cases where no rights are violated.
certain investment areas.
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. 2). EXCEPTIONS: Schools established for foreign diplomatic personnel and
3) Cite for contempt for violations of its rules, in accordance with the Rules their dependents, and unless otherwise provided for by law for other foreign
of Court. temporary residents.
4) Provide appropriate legal measures for the protection of the human rights
of all persons, within the Philippines, as well as Filipinos residing abroad, and II. Tax Exemptions
provide for preventive measures and legal aid services to the underprivileged A. Non-stock, non-profit educational institutions:
whose human rights have been violated or need protection. 1) All revenues and assets actually, directly and exclusively used for
A. CHR can initiate court proceedings on behalf of victims of human rights educational purposes are exempt from taxes and duties.
violations. 2) This is self-executory
B. They can recommend the prosecution of human rights violators, but it
cannot itself prosecute these cases. B. Proprietary educational institutions, including cooperatives:
C. BUT: The CHR cannot issue restraining orders or injunctions against 1) Entitled to exemptions as may be provided by law, including restrictions on
alleged human rights violators. These must be obtained from the regular dividends and re-investment
courts. 2) Requires an enabling statute
5) Exercise visitorial powers over jails, prisons and other detention facilities. 3) Grants, endowments, donations and contributions actually, directly and
6) Establish continuing programs for research, education and information in exclusively used for educational purposes are exempt from taxes, subject to
order to enhance respect for the primacy of human rights. conditions prescribed by law.
7) Recommend to Congress effective measures to promote human rights
and to provide compensation to victims of human rights violations or their III. Academic Freedom
families. A. Educational Institutions
8) Monitor compliance by the government with international treaty Schools have the freedom to determine:
obligations on human rights. 1) Who may teach,
9) Grant immunity from prosecution to any person whose testimony or whose 2) What may be taught,
possession of documents or other evidence is necessary or convenient to 3) How it shall be taught, and
determine the truth in any CHR investigation. 4) Who may be admitted to study.
10) Request assistance from any department, bureau, office, or agency in
the performance of its functions. B. Faculty members
11) Appoint its officers and employers in accordance with law. 1) Full freedom in research and in the publication of the results, subject to
12) Perform such other functions and duties as may be provided for by law the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they should be
ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, careful not to introduce into their teaching controversial matter which has no
ARTS, CULTURE, AND SPORTS relation to their subjects.
3) When faculty members speak or write in their capacity as citizens, then
Education they are free from institutional censorship or discipline.
Goals of the State:
The State shall promote and protect: C. Students
1) The right to quality education at all levels; They have the right to enjoy in school the guarantees of the Bill of Rights.
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society. D. Limitations
1) Dominant police power of the State
Right to Education and Academic Freedom 2) Social interest of the community
The right to education must be read in conjunction with the academic
freedom of schools to require fair, reasonable, and equitable admission E. Budgetary Priority:
requirements. 1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what
Power to Dismiss Students should be given budgetary priority in order to enable it to respond to the
1) Schools have the power to dismiss students, after due process, for imperatives of national interest and for the attainment of other state policies
disciplinary reasons. or objectives.
2) Acts committed outside the school may also be a ground for disciplinary
action if: Religious Education in Public Schools:
a) It involves violations of school policies connected to school-sponsored Religion may be taught in public schools subject to the following requisites:
activities; or 1) Express written option by parents and guardians;
b) The misconduct affects the students status, or the good name or 2) Taught within regular class hours;
reputation of the school. 3) Instructors are designated and approved by the proper religious
authorities; and
Regulation of Right to Education 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
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 Section 6. Language
school by requiring the applicants to take the NMAT. 1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law,
Free Education English.
1) The State shall maintain a system of free education in: 3) Regional languages are auxiliary to the official languages.
a) Elementary level, and 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.
b) High school level.
2) Elementary education is compulsory for all children of school age. ARTICLE XVI GENERAL PROVISIONS
However, this is a moral rather than a legal compulsion.
Sections 1-2. Symbols of Nationality
Educational Institutions 1) Flag
I. Filipinization Red, white, and blue.
A. Ownership: With a sun and 3 stars
1). Filipino citizens, or
The design may be changed by constitutional amendment.
2). Corporations incorporated in RP and 60% Filipino-owned.
2) Congress may, by law, adopt a new:
EXCEPT: Schools established by religious groups and mission boards.
(a) Name for the country,
3). Congress may increase Filipino equity requirements in ALL educational
(b) National anthem, or
institutions.
(c) National seal.
B. Control and Administration:
Note: Law will take effect upon ratification by the people in a NATIONAL
1). Must be vested in Filipino citizens
REFERENDUM.
2). Refers to line positions, such as President, Dean, Principal, and Trustees
3). Faculty members may be foreigners.
Section 3. State Immunity
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens
Suability of State
can only comprise up to 1/3 of total enrollment.
1) The State cannot be sued without its consent.
2) When considered a suit against the State 2) Revision: An examination of the entire Constitution to determine how and
a). The Republic is sued by name; to what extent it should be altered. A revision implies substantive change,
b). Suits against an un-incorporated government agency; affecting the Constitution as a whole.
c). Suit is against a government official, but is such that ultimate liability shall
devolve on the government Constituent power v. Legislative power
i. When a public officer acts in bad faith, or beyond the scope of his 1) Constituent power is the power to formulate a Constitution or to
authority, he can be held personally liable for damages. propose amendments to or revisions of the Constitution and to ratify such
ii. BUT: If he acted pursuant to his official duties, without malice, proposal. Legislative power is the power to pass, repeal or amend or
negligence, or bad faith, they are not personally liable, and the suit is really ordinary laws or statutes (as opposed to organic law).
one against the State. 2) Constituent power is exercised by Congress (by special constitutional
3) This rule applies not only in favor of the Philippines but also in favor of conferment), by a Constitutional Convention or Commission, by the people
foreign states. through initiative and referendum, and ultimately by sovereign electorate,
4) The rule likewise prohibits a person from filing for interpleader, with the whereas legislative power is an ordinary power of Congress and of the
State as one of the defendants being compelled to interplead. people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the
Consent to be sued Chief Executive, whereas the exercise of legislative power ordinarily needs
A. Express consent: the approval of the Chief Executive, except when done by people through
1). The law expressly grants the authority to sue the State or any of its initiative and referendum.
agencies.
2). Examples: Three (3) steps necessary to give effect to amendments and revisions:
a). A law creating a government body expressly providing that such body 1) Proposal of amendments or revisions by the proper constituent assembly;
may sue or be sued. 2) Submission of the proposed amendments or revisions; and
b). Art. 2180 of the Civil Code, which creates liability against the State when 3) Ratification
it acts through a special agent.
Proposal of amendments:
B. Implied consent:
1). The State enters into a private contract. Amendments may be proposed by:
a). The contract must be entered into by the proper officer and within the A. Congress, acting as a constituent assembly, by a 3/4 vote of all its
scope of his authority. members.
b). UNLESS: The contract is merely incidental to the performance of a The power of Congress to propose amendments is NOT part of its
governmental function. ordinary legislative power.
2). The State enters into an operation that is essentially a business The only reason Congress can exercise such power is that the
operation. Constitution has granted it such power.
a). UNLESS: The operation is incidental to the performance of a
governmental function (e.g. arrastre services) B. Constitutional Convention:
b). Thus, when the State conducts business operations through a GOCC, the 1) How a Constitutional Convention may be called
latter can generally be sued, even if its charter contains no express sue or a). Congress may call a ConCon by a 2/3 vote of all its members; or
be sued clause. b). By a majority vote of all its members, Congress may submit to the
3). Suit against an incorporated government agency. electorate the question of whether to call a ConCon or not.
a) This is because they generally conduct propriety business operations and 2) Choice of which constituent assembly (either Congress or ConCon)
have charters which grant them a separate juridical personality. should initiate amendments and revisions is left to the discretion of
4). The State files suit against a private party. Congress. In other words, it is a political question.
UNLESS: The suit is entered into only to resist a claim. 3) BUT: The manner of calling a ConCon is subject to judicial review,
because the Constitution has provided for vote requirements.
Garnishment of government funds: 4) If Congress, acting as a constituent assembly, calls for a ConCon but
1) GENERAL RULE: NO. Whether the money is deposited by way of does not provide the details for the calling of such ConCon, Congress
general or special deposit, they remain government funds and are not exercising its ordinary legislative power may supply such details. But in so
subject to garnishment. doing, Congress (as legislature) should not transgress the resolution of
2) EXCEPTION: A law or ordinance has been enacted appropriating a Congress acting as a constituent assemble.
specific amount to pay a valid government obligation, then the money can be 5) Congress, as a constituent assembly and the ConCon have no power to
garnished. appropriate money for their expenses. Money may be spent from the
treasury only to pursuant to an appropriation made by law.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the C. Peoples Initiative
State will ultimately be held liable. 1) Petition to propose such amendments must be signed be at least 12% of
2) Even if the case is decided against the State, an award cannot be satisfied ALL registered voters.
by writs of execution or garnishment against public funds. Reason: No 2) Every legislative district represented by at least 3% of the registered
money shall be paid out of the public treasury unless pursuant to an voters therein.
appropriation made by law. 3) Limitation:
It cannot be exercised oftener than once every 5 years.
Section 4. THE ARMED FORCES OF THE PHILIPPINES
Note:
Composition: 1) While the substance of the proposals made by each type of constituent
A citizen armed force assembly is not subject to judicial review, the manner the proposals are
made is subject to judicial review.
Prohibitions and disqualifications: 2) Since these constituent assemblies owe their existence to the
1) Military men cannot engage, directly or indirectly, in any partisan political Constitution, the courts may determine whether the assembly has acted in
activity, except to vote. accordance with the Constitution.
2) Members of the AFP in active service cannot be appointed to a civilian 3) Examples of justiciable issues:
position in the government, including GOCCs or their subsidiaries. a) Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
The Chief of Staff: b) Whether the approved proposals were properly submitted to the people
1) Tour of duty: Not exceed to three years for ratification.
2) EXCEPTION: In times of war or other national emergency as declared by Proposal of Revisions
Congress, the President may extend such tour of duty. 1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
ARTICLE XVII- AMENDMENTS OR REVISIONS
Ratification
Definitions: 1) Amendments and revisions proposed by Congress and/or by a
1) Amendment: an alteration of one or a few specific provisions of the ConCon:
Constitution. Its main purpose is to improve specific provisions of the a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
Constitution. The changes brought about by amendments will not affect the b) Plebiscite is held not earlier than 60 days nor later than 90 days from
other provisions of the Constitution. the approval of such amendments or revisions.
2) Amendments proposed by the people via initiative: ELECTION LAWS
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after Election
the certification by COMELEC of the petitions sufficiency
Embodiment of the popular will, the expression of the sovereign
power of the people.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
Components
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part. Choice or selection of candidates to public office by popular vote
Conduct of the polls
4) Issues regarding ratification: Listing of votes
a) The Constitution does not require that amendments and revisions be Holding of Electoral campaign
submitted to the people in a special election. Thus, they may be submitted Act of casting and receiving the ballots from the voters
for ratification simultaneously with a general election. Counting the ballots
b) The determination of the conditions under which proposed
amendments/revisions are submitted to the people falls within the legislative
Making the election returns
sphere. That Congress could have done better does not make the steps Proclaiming the winning candidates
taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent Regular election refers to an election participated in by those who
assemblies must be submitted for ratification in one single plebiscite. There possess the right of suffrage and not disqualified by law and who are
cannot be a piece-meal ratification of amendments/revisions. registered voters.
d) Presidential proclamation is NOT required for effectivity of
amendments/revisions, UNLESS the proposed amendments/revisions so Special election is when there is failure of election on the scheduled date
provide. of regular election in a particular place or which is conducted to fill up certain
vacancies, as provided by law.
ARTICLE XVIII TRANSITORY PROVISIONS
Political Parties
Effectivity of the 1987 Constitution Definition (Omnibus Election Code)
The 1987 Constitution took effect immediately upon its ratification. An organized group of persons pursuing the same ideology, political ideas or
According to the SC, this took place on February 2, 1987, which platforms of government including its branches and divisions.
was the day the people cast their votes ratifying the Constitution.
Types of Political Parties
Military bases agreements 1) Registered Parties:
1) Renewals of military bases agreements must be through a strict treaty. 1. Dominant Majority Party usually the administration party; entitled
2) Ratification of the agreement in a plebiscite is necessary only when to a copy of election return
Congress so requires. 2. Dominant Minority Party entitled to a copy of election return
3) Section 25 of Article XVIII allows possible local deployment of only 3. Majority Political Party
AMERICAN forces. 4. Top 3 Political Parties entitled to appoint principal watcher and a
copy of the certificate of canvass
5. Bottom 3 political parties entitled to appoint principal watcher
2) Non-registered parties
Candidates
Grounds when the List of Voters will be altered: RA 7941 Party-List System Act
Deactivation/ Reactivation Seeks to promote proportional representation
Exclusion/ Inclusion Any party already registered need not register anew. File
Cancellation of Registration in case of Death manifestation not later than 90 days before election.
New voters
Annulment of Book of Voters Grounds for refusing or canceling registration of Party-Lists groups
Transfer of Residence 1. Religious sect or denomination, organization
2. Advocates violence
How is challenge to right to register effected? 3. Foreign party or organization
Who any voter, candidate, political party representative 4. Receives foreign support
How in writing, stating grnds, under oath, proof of notice of hearing 5. Violates election law
6. Untruthful statements in its petition
Deactivation means removing the registration records of persons from the 7. Ceased to exist for at least one year
precinct book of voters and place the same, properly marked and dated in 8. Failed to participate in the last two preceding elections or fails to
indelible ink, in the inactive file after entering the cause of deactivation. obtain at least 2% of the votes cast under the party-list system in
the 2 preceding elections for the constituency in which it has
How is reactivation of registration effected ? registered
Sworn application for reactivation
Affidavit Nomination of party-list reps should not include any candidate for any
Not later than 120 days before regular election and 90 days before special elective office or a person who has lost his bid for an elective office in the
election immediately preceding election
Incumbent sectoral representatives in the House of Representatives who
Annulment of Book of Voters is through verified petition; notice and are nominated in the party-list system shall not be considered resigned
hearing; not prepared in accordance with law or prepared through fraud, Party List Reps constitute 20% of the total number of the members of the
bribery, forgery, impersonation, intimidation, force, any similar irregularity or House of Reps including those under the party-list
which contains data that are statistically improbable
Cannot be done within 90 days before election How do we determine the number of party list seats in the House of
Reps?
Postponement of Election (# of District Reps / 0.80) x 0.20 = # of party list reps
Causes There are presently 208 legislative districts, according to the
Violence Veterans Federation Case
Terrorism The 5 major political parties are now entitled to participate in the
party list system
Loss or destruction of election paraphernalia/records
Parties receiving at least 2% of the total votes cast for the party-list
Force majeure
system shall be entitled to one seat each
Other analogous causes
No party shall be entitled to more than 3 seats
Effect Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this
It is impossible to hold a free, orderly and honest election in any political is only a ceiling.
subdivision A list with 5 names should be submitted to COMELEC as to who
will represent the party in the Congress. Ranking in the list
COMELEC can postpone the election (when decided by a majority vote of submitted determines who shall represent party or organization.
the COMELEC sitting en banc, RA 7166):
A. Motu proprio Rules for Appreciation of Ballots
B. Upon a verified petition by any interested party, after due notice and Liberal Construction in favor of the validity of the ballot
hearing Look at the ticket slate, consider locality or literacy rate
Rule 211 of the OEC
Date of new election
Incumbency / Surname
The date of the postponed election should be reasonably close to the date of
the election not held, suspended, or which resulted in a failure to elect. It Cannot ascertain STRAY VOTE
should not be later than 30 days after the cessation of the cause for such
postponement or suspension of the election or failure to elect. Pre-Proclamation Controversies
Definition
Failure of Election 1. A pre-proclamation controversy refers to any question pertaining to
Causes or affecting the proceedings of the board of canvassers which may
be raised by any candidate or by any registered political party or
Force majeure
coalition of political parties before the board or directly with the
Violence COMELEC.
Terrorism 1. It would also refer to any matter raised under Sections 233, 234,
Fraud 235, and 236 of the Omnibus Election Code in relation to the
Other analogous causes preparation, transmission, receipt, custody, and appreciation of the
election returns. (Board of canvassers have original jurisdiction
Under RA 7166, the causes for the declaration of the failure of election may while COMELEC have appellate jurisdiction)
occur before or after the casting of votes or on the day of the election. 1. When election returns are delayed, lost or destroyed
(Sec.233)
2. Material defects in the election returns (Sec. 234) Appellate Jurisdiction
3. When election returns appear to be tampered with or COMELEC has APPELLATE jurisdiction over all contests involving:
falsified. (Sec. 235) A. Elective MUNICIPAL officials decided by trial courts of GENERAL
4. Discrepancies in election returns (Sec. 236) jurisdiction
C. Those that can be filed with COMELEC directly are the ff: B. Elective BARANGAY officials decided by trial courts of LIMITED
Issue involves the illegal composition or proceedings of the board of jurisdiction
canvassers, as when a majority or all of the members do not hold
legal appointments or are in fact usurpers Who can file a petition contesting the election
Issue involves the correction of manifest errors in the tabulation or Any candidate who has duly filed a certificate of candidacy and has been
tallying of the results during the canvassing voted for the same office
BUT: The appropriate canvassing body motu propio or upon written B. Purpose of acts
complaint of an interested person can correct manifest errors in the 1. To induce anyone or the public in general to vote for or against any
certificate of canvass or election returns before it. candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of a
BUT: Questions affecting the composition or proceedings of the board of candidate in a convention or similar selection
canvassers may be initiated in the board or directly with COMELEC.
C. Under RA 6646 (Prosecution of vote-buying/selling)
When pre-proclamation cases are deemed TERMINATED (RA 7166) 1. Presentation of a complaint supported by affidavits of complaining
1. All pre-proclamation cases pending before the COMELEC shall be witnesses attesting to the offer or promise by or the voters acceptance of
deemed terminated at the beginning of the term of the office money or other consideration from the relatives, leaders or sympathizers of a
involved and the rulings of the boards of canvassers concerned candidate is sufficient basis for an investigation by the COMELEC,directly or
deemed affirmed. through its duly authorized legal officers.
2. Disputable presumption of conspiracy:
B. This is without prejudice to the filing of a regular election protest by the Proof that at least one voter in different precincts representing at least 20%
aggrieved party. of the total precincts in any municipality, city or province has been offered,
C. HOWEVER: Proceedings MAY CONTINUE if: promised or given money, valuable consideration or other expenditure by a
1. The COMELEC determines that the petition is meritorious and candidate relatives, leaders and/or sympathizsrs for the purpose of
issues an order for the proceedings to continue or promoting the election of such candidate.
2. The Supreme Court issues an order for the proceedings to continue 3. Disputable presumption of involvement
in a petition for certiorari. Proof affects at least 20% of the precincts of the municipality, city or province
to which the public office aspired for by the favored candidate relates. This
Election Contest will constitute a disputable presumption of the involvement of such candidate
Original Jurisdiction and of his principal campaign managers in each of the municipalities
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, concerned in the conspiracy
returns, qualifications of all elective: Coercion of a subordinate
Regional
Provincial A. Who can be held liable
City officials 1. public officer
2. officer of a public/private corporation/association Other election offenses under RA 6646
3. heads/superior/administrator of any religious org. 1. Causing the printing of official ballots and election returns by
4. employer/landowner printing establishments not on contract with COMELEC and printing
establishments which undertakes unauthorized printing
B. Prohibited acts 2. Tampering, increasing or decreasing the votes received by a
1. Coercing, intimidating or compelling or influencing, in any manner, candidate or refusing after proper verification and hearing to credit
any subordinates, members, parishioners or employees or house the correct votes or deduct the tampered votes (committed by a
helpers, tenants, overseers, farm helpers, tillers or lease holders to member of the board of election inspectors)
aid, campaign or vote for or against a candidate or aspirant for the 3. Refusing to issue the certificate of voters to the duly accredited
nomination or selection of candidates. watchers (committed by a member of the BEI)
2. Dismissing or threatening to dismiss, punishing or threatening to 4. Person who violated provisions against prohibited forms of election
punish by reducing salary, wage or compensation or by demotion, propaganda
transfer, suspension etc. 5. Failure to give notice of meetings to other members of the board,
candidate or political party (committed by the Chairman of the board
Appointment of new employees, creation of new position, promotion or of canvassers)
giving salary increases: 6. A person who has been declared a nuisance candidate or is
otherwise disqualified who continues to misrepresent himself as a
A. Who can be held liable: Any head/official/appointing officer of a candidate (Ex. by continuing to campaign) and any public officer or
government office, agency or instrumentality, whether national or local, private individual who knowingly induces or abets such
including GOCCs. misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the back of
B. Prohibited acts the official ballot, in the presence of the voter, before delivering the
1.Appointing or hiring a new employee (provisional, temporary or casual) ballot to the voter. (under RA 7166)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or privilege to any Prescription of Election Offenses
government official or employee. 1. Election offenses shall prescribe after 5 years from the date of their
commission
C. Period when acts are prohibited 2. If the discovery of the offense is made in an election contest
1. 45 days before a regular election proceeding, the period of prescription shall commence on the date
2. 30 days before a special election on which the judgment in such proceedings becomes final and
executory
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to Jurisdiction of courts
be filled is essential to the proper functioning of the office/agency 1. RTC has exclusive original jurisdiction to try and decide any
concerned AND that the position is not filled in a manner that may criminal action or proceedings for violation of the Code.
influence the election 2. MTC/MCTC have jurisdiction over offenses relating to failure to
2. In case of urgent need, a new employee may be appointed. Notice register or vote.
of appointment should be given to COMELEC within 3 days from
appointment.
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other
kinds of public works
D. Exception
1. maintenance of existing/completed public works project.
2. work undertaken by contract through public bidding, or by
negotiated contract awarded before the 45 day period before
election
3. payment for the usual cooperation for working drawings,
specfications and other procedures preparatory to actual
construction including the purchase of material and equipment and
incidental expenses for wages.
4. Emergency work necessitated by the occurrence of a public
calamity but such work shall be limited to the restoration of the
damaged facility.
5. Ongoing public work projects commenced before the campaign
period or similar projects under foreign agreements.
B. Exceptions
1. With prior approval of COMELEC
2. Suspension is for the purpose of applying the Anti-Graft and
Corrupt Practices Act
In relation to registration of voters/voting
Unjustifiable refusal to register and vote
Voting more than once in the same election/voting when not a
registered voter
Voting in substitution for another with or without the latters
knowledge and/or consent etc.
ADMINISTRATIVE LAW provision of statute.
Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation Requisites of a Valid Administrative Regulation
2. Quasi-judicial power/Power of adjudication 1. Its promulgation must be authorized by the legislature.
3. Determinative powers (Note: Senator Neptali Gonzales calls them 2. It must be within the scope of the authority given by the legislature.
incidental powers) 3. It must be promulgated in accordance with the prescribed
procedure.
Definition of Quasi-legislative power 4. It must be reasonable
It is the authority delegated by the law-making body to the administrative
body to adopt rules and regulations intended to carry out the provisions of a Need for Previous Notice and Hearing
law and implement legislative policy. 1. General Rule: Administrative rules of GENERAL application do
NOT require previous notice and hearing.
Distinctions between Quasi-legislative power and legislative power 2. Exception: When the legislature itself requires it and mandates that
1. LEGISLATIVE power involves the discretion to determine what the the regulation shall be based on certain facts as determined at an
law shall be. QUASI-legislative power only involves the discretion appropriate investigation.
to determine how the law shall be enforced. 3. If the regulation is in effect a settlement of a controversy between
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative specific parties, it is considered an administrative adjudication,
power CAN be delegated. requiring notice and hearing.
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior
to its completion or finality, the reason being that absent a final order or
decision, power has not been fully and finally exercised, and there can
usually be no irreparable harm.
Reasons :
1. to enable the administrative superiors to correct the
errors committed by their subordinates.
2. courts should refrain from disturbing the findings of
administrative. bodies in deference to the doctrine of
separation of powers.
3. courts should not be saddled with the review of
administrative cases
4. judicial review of administrative cases is usually
effected through special civil actions which are available
only if their is no other plain, speedy and adequate
remedy.
3. Exceptions
a. when the question raised is purely legal, involves constitutional
questions
b. when the administrative body is in estopped
c. when act complained of is patently illegal
d. when there is urgent need for judicial intervention
e. when claim involved is small
f. when irreparable damage is involved
g. when there is no other plain, speedy , adequate remedy
h. when strong public interest is involved
I. when the subject of controversy is private land
1. in quo warranto proceedings
2. When the administrative remedy is permissive, concurrent
3. utter disregard of due process
4. long-continued and unreasonable delay
5. amount involved is relatively small
6. when no administrative review is provided
7. respondent is a department secretary (DOCTRINE OF QUALIFIED
POLITICAL AGENCY ALTER EGO DOCTRINE)
Substantial evidence defined to mean not necessarily preponderant proof
as required in ordinary civil cases but such kind of relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.