1Philippine Constitution reviewer in CS Exam

Elements of State
1. People
2. Territory
3. Government
4. Sovereignty
a. Internal
b. External (Independence)
Constitution-body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.

Constitution of the Philippines

Written instrument by which the fundamental powers of the government are established, limited and defined and by which
these powers are distributed among several departments or branches for their safe and useful exercise for the benefit of the
people.

Rule of majority
a. Majority votes
-to elect Senate President, Speaker of the House.
-of all members of the house grant of amnesty, tax exemptions
-in case of tie in the election of President or Vice President, majority members of the HOUSE.

b. 2/3
-respective members suspend/expel member of either house.
-all members of Congress to declare existence of war.
-reconsider a bill vetoed by a President.
-to call Constitutional Convention
-all members of Senate to concur a treaty or international agreement.
-judgment of conviction in impeachment cases.

c. 3/4
-amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of ¾ of all its members

PREAMBLE
To walk before-preambulare.
The only one in the world to enshrine the word “love.”

ARTICLE I NATIONAL TERRITORY

Philippine Archipelago
Islands, and waters embraced therein
All other territories over which the Philippines has sovereignty(Spratly islands, Sabah, Malaysia or Scarborough Shoal also
known as Bajo de Masinloc) or jurisdiction (Philippine Embassies)

Terrestrial – Land
Fluvial- Water
Territorial sea, seabed, subsoil, insular shelves or submarine areas.
Aerial-Air

Archipelago Doctrine- waters around, between and connecting the islands of the archipelago, regardless of their breadth or
dimensions, form part of the internal waters of the Philippines.

Y’ami- northernmost island of the Philippines

Saluag-southernmost Island of the Philippines
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

DECMOCRATIC / REPUBLICAN STATE

Sovereignty resides in the people, and all government authority emanates from them.
Republican Government-democratic government by representation chosen by the people at large. Indirect representation rule.

CIVILIAN AUTHORITY is at all times supreme over the military.

Goal of AFP: secure the sovereignty of the State, Integrity of National Territory.

Prime Duty of Government

Serve and protect the people.

Labor-the primary and social economic force.

ARTICLE III BILL OF RIGHTS

3 Inherent Powers of the State
1. Police Power
2. Eminent Domain(Power of Expropriation)
3. Taxation
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Due Process-hears before it condemns, proceeds upon inquiry, renders judgment only after trial.
Equal Protection of the Law- all persons subject to legislation should be treated alike under like circumstances and conditions
both in privileges conferred and liabilities imposed.

Probable cause to be determined personally by the JUDGE.

Liberty is freedom to do right and never wrong.

Privacy of Communication is inviolable

Except: lawful orders of the public safety requires as prescribed by law.
Effect: evidence inadmissible

Right of Assembly- right on the part of the citizens to meet peaceably for consultation in respect to public affairs
Right of Petition-redress of grievances to the government

Religious freedom includes non-establishment clause (basis: separation of church and State), no religious test. Religious
professional worship: freedom to believe in religion and freedom to act in accordance with such belief.
Liberty of abode-Home/Residence
Right to travel is inviolable, exception: interest of national security, public safety, or public health as may be provided by law.

Right of Information on matters of Public concern.

Writ of habeas Data-right of privacy of every citizen against the government taking information against its citizens.
Writ of Amparo-protection against enforced disappearances.

Miranda rights available during custodial investigation, right to remain silent to have a competent and independent counsel
preferably of his own choice. It can be waived through writing in the presence of the counsel.

Bail- security required by court given as a provisional or temporary release of a person who is in the custody of the law.
Bail is not impaired when the privilege of the writ of habeas corpus is suspended, not available when the charge is capital offense
or reclusion perpetua.
Excessive bail shall not be required.

Rights of the accused:

Presumption of innocence
Right to be heard by himself and counsel
Right to be informed of the accusation against him (arraignment)
Right to speedy, impartial trial
Right to meet the witness face to face

Writ of habeas corpus- order issued by court of competent jurisdiction directed to the person detaining another, commanding
him to produce the body of the prisoner. Only the privilege of the writ of habeas corpus may be suspended not the writ itself.

Right against self incrimination-testimonial compulsion, not mechanical or physical acts.

Basis: public policy-accused might commit perjury
Humanity-confession by duress
Right of silence-right of the accused to remain silence

Non-imprisonment by reason of political beliefs or aspirations.

Involuntary servitude-is allowed only as a punishment of a crime and that the person is duly convicted. It denotes enforced
compulsory service of one to another.

Slavery- entire subjection of one person to the will of another

Peonage-voluntary submission of a person (peon) to the will of another because of debt.

ARTICLE IV CITIZENSHIP
Methods of acquiring citizenship
Involuntary method-by birth, by blood relationship, or by place of birth.
Voluntary method-naturalization.

Principles concerning citizenship by birth:

Jus sanguinis- blood relationship (we adopt this one here in the Philippines)
Jus soli/ loci- place of birth

ARTICLE V SUFFRAGE
At least 18 years of age
One year residence in the Philippines
6 months in the place where they propose to vote immediately preceding the election
No literacy, property, or substantive requirement shall be imposed.
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A mere privilege, a political right.

Scope of Suffrage:
1. Election-choosing of elected officials in a regular or special elections
2. Plebiscite-people expressing their vote for or against a law, e.g., cityhood
3. Referendum-submission of a law by a legislative body to the people for their approval
4. Initiative-people directly propose law to the legislative body
5. Recall-public officer may be removed from office before expiration of his term due to lack of trust and confidence from
the people.

ARTICLE VI LEGISLATIVE DEPARTMENT

3 branches of government:
Legislative
Executive
Judiciary

Bicameral legislative department:

Senate of the Philippines
House of the Representative
District Representative (Congressman of the third district of Isabela Napoleon Dy)
Party List Representative (LPGMA)

24 Senators
Natural born citizen
At least 35 years of age on the day of the election
Able to read and write
Registered voter
Resident of the Philippines for not less than 2 years immediately preceding the day of the election
Term of office is 6 years
No senator shall serve for more than 2 consecutive terms

House of the Representatives

Natural born citizen
At least 25 years of age on the day of the election
Able to read and write
Registered voter in the district in which he shall be elected, except party list representatives
Not less than one year preceding the day of the election
Not more than 3 consecutive terms
Legislative district-as far as practicable CONTIGUOUS, COMPACT, ADJACENT territory, otherwise it is gerrymandering.

Election- Second Monday of May-Regular Election

Special Election in case of vacancy due to death of the elected, resignation or removal from office.

Freedom from arrest- all offenses punishable by not more than 6 years imprisonment while the congress is in session.
Parliamentary immunity-in the congress or any committee, free speech during debates and like.

Incompatible office-any member who accepts any other office or employment in government during his term forfeits his seat.
Forbidden office-any office created or emoluments increased. Members will be tempted to create office for personal gain.

No senator or HR member may appear as counsel.

The congress shall convene once every year on the 4 th Monday of July for its Regular Session, President may call for Special
Session.

Election of the following needs majority votes:

Senate President
Speaker of the House of the Representative

Senate Electoral Tribunal (SET)/House of the Representative Electoral (HRET)

Sole judge of all contests relating to election, returns and qualifications
Composition:
9 members:
3 from the Justices of the Supreme Court
6 from Senate for SET or HR for HRET- on the basis of proportional representation from political
parties
Senior Justice shall be the Chairman

CA-Commission on Appointments
President of the Senate-ex officio Chairman- no voting power except in case of tie.
12 Senators
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12 HR members
Basis of proportional representation from political parties
May convene only when Congress is in session

Bills originating from the HR (exclusive)

Appropriations bill-appropriating of Money from the public treasury
Revenue bill-raise revenue/public funds
Tariff bill-customs duties
Bill authorizing public debt
Private bill- franchise grant

Congress may not increase the appropriations recommended by the President for the operation of the Government
If no general appropriations bill for the ensuing-reenacted.

Rider- a provision/enactment in general appropriations bill which does not relate to some particular appropriations therein.

Every bill shall embrace one subject only expressed in the title
Three readings in a separate day
It becomes a law when the bill is signed by the President, he may veto the same.
Over ride by 2/3 votes of all the members of such House.
President should communicate his VETO of any bill to the House where it originated within 30 days.
President shall have the power to VETO appropriations, revenue, or tariff bill.

Veto-I forbid, I deny, disapprove acts.

Formal parts of a law:

Title
Preamble
Enacting clause
Body
Effectivity clause

Resolution-formal expression of opinion, will or intent by an official body

Kinds:
Simple
Concurrent
Joint

Taxation: uniform/ equitable

Progressive system of taxation

Exemptions must be ACTUALLY, DIRECTLY & EXCLUSIVELY used

TAX EXEMPTION-majority of all the members of the congress.

ARTICLE VII EXECUTIVE DEPARTMENT

Qualifications of both candidates for President and Vice President
Natural born citizen
Registered voter
Able to read and write
At least 40 years of age on the day of the election
10 years residency

VP may be appointed cabinet member and requires no confirmation by the Commission on Appointments

Term of office – 6 years

President may not be eligible for reelection

Presidential Electoral Tribunal- Supreme Court en banc

Serious illness of the President the public shall be informed of the state of his health
Foreign relations/ AFP Chief of Staff shall also be informed

Prohibitions on appointment of family members up to fourth civil degree

Presidential appointments
Regular -during session of the congress
Ad Interim –recess of the congress

Suspension of the privilege of the writ of habeas corpus not exceeding 60 days
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State of martial does not suspend the Constitution

Pardoning power of the President:

Applicable, except IMPEACHMENT
Reprieve-postponement of the execution of punishment
Commutation-reduction
Pardon- act of grace, executive clemency
Absolute- no condition
Conditional

Remission of fines and forfeitures- prevents the collection of fines

Amnesty-crimes committed are political in character-treason, sedition, or rebellion.

Article VIII JUDICIAL DEPARTMENT

1 SUPREME COURT
COMPOSITION:
1 CHIEF JUSTICE
14 ASSOCIATE JUSTICES
QUALIFICATIONS:
Natural born citizen
40 years of age
15 years or more judge of a lower court, or engaged in the practice of law
Person of proven competence, integrity, probity, and independence

In case of judge of a lower court the citizenship requirement is only CITIZEN OF THE PHILIPPINES

JUDICIAL AND BAR COUNCIL - principal function of recommending appointees to the Judiciary. JBC should submit Three
nominees to the President, appointment by the President needs no confirmation by the Commission of Appointment. Supervised
by the Supreme Court
Composition:
Chief Justice: ex officio Chairman
Secretary of Justice
Representative of Congress as officio member (only one)
A member of the Integrated Bar- 4 years
Professor of law-3 years
Retire member of the Supreme Court-2 years
Representative of the Private Sector-1 year

Clerk of Supreme Court- Secretary ex officio

Retirement age of the members of the SC – 70 years or when he is incapacitated to discharge duties of their office

Disposition of case, upon the submission of the last pleading:

24 months- Supreme Court
12 months-lower collegiate court- Court of Appeals
3 months-other lower courts RTC, MTC, MCTC, MTCC

ARTICLE IX CONSTITUTIONAL COMMISSION

Lameduck doctrine/Political lameducks- no candidate who has lost in any election shall, within one year after such election, be
appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries,
Article IX Section 6

CSC-CIVIL SERVICE COMMISSION

1 CHAIRMAN 7 years
2 COMMISSIONERS
1st commissioner-5 years
2nd commissioner-3 years

Natural born citizen

At the time of appointment at least 35 years of age

Constitutional classification of positions in Civil Service

Competitive-needs competitive exams, based on merit and fitness
Non competitive- does not competitive exam
Kinds:
Policy determining- example cabinet members
Primarily confidential-confidence of the appointee
Highly technical- skills required
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COMELEC-COMMISSION ON ELECTIONS
1 CHAIRMAN 7 years
6 Commissioners
3 members- 7 years
2 members-5 years
1 members-3 years
Natural born citizen
At the time of appointment at least 35 years of age
Holders of college degree, majority of them should be members of the Philippine BAR(abogado) with practice of law for at least
10 years.
COMMISSION ON AUDIT
1 Chairman 7 years
2 Commissioners
1st member-5 years
2nd member-3 years
Natural born citizen
At the time of appointment at least 35 years of age
A certified public accountant not less than 10 years auditing experience
Member of the BAR with at least ten years practice of law.

ARTICLE X LOCAL GOVERNMENT

Political subdivision
Provinces
Municipalities
Cities
Barangays

President exercises supervision over Local Governments

ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS

Impeachable officers
President and Vice President
Supreme Court
Constitutional Commission
OMBUDSMAN

Grounds for impeachment

Culpable violation of the constitution
Treason
Bribery (direct or indirect)
Graft and corruption
Other high crimes

Initiated by the House of the Representative 1/3 vote of HR for the approval of the Articles of Impeachment

Limitation: no impeachment complaint be initiated against the same official more than once within a period of one year

Senate-sole judge
If President is on trial- Chief Justice shall preside the impeachment trial and shall not vote.

2/3 votes needed for the conviction or acquittal

Result of the conviction in an impeachment trial- removal from office

OMBUDSMAN
Natural born citizen
40 years of age
Member of the Philippine BAR with ten years practice of law

ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS

Commission of Human Rights
1 chairman
4 members
Natural born citizens
Majority members are lawyers

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS
Free public education in elementary and high school
Compulsory elementary education
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All educational institution shall include Constitution as part of curricula Article XIV Section 3(1)

Teaching of religion- Optional, with expressed writing from parents or guardians, within regular class hours without additional
cost to the government, elementary and HS.

60% citizens of the Philippines composition of educational institution

National language-FILIPINO
To be used in official communication, language of instruction in educational system

Official Language-Filipino and English

Spanish and Arabic-voluntary/ optional basis.

Constitution shall be promulgated in FILIPINO and English

ARTICLE XV FAMILY
Marriage-inviolable social institution, is the foundation of the family and shall be protected by the STATE.

ARTCILE XVI GENERAL PROVISIONS

ARTICLE XVII AMENDMENTS AND REVISIONS

AMENDMENTS- piecemeal change, specific provisions
REVISIONS- re writing the whole document

Congress-3/4 of all members

Constitutional Convention
Initiative- 12 % total number of Registered Voter
3% per Legislative District