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Archipelago - from Greek word pelagos, meaning “sea” or “part of a sea studded with islands”. It includes both sea and land
which geographically may be considered as an independent whole.
Territorial Sea - part of the sea extending 12 nautical miles (19kms) from the low watermark. Also known as “marginal sea”,
“marine belt”.
The seabed (sea floor or sea bottom) - land that holds the sea, lying beyond the sea shore, including mineral and natural
resources.
Subsoil - refers to everything beneath the surface soil and the seabed including mineral and natural resources.
Insular Shelves - submerged portion of a continent or offshore island, which slope gently seaward.
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICY Section I: The Philippine is a democratic and Republican
State.
Republican Government - democratic government by representatives chosen by the people at large
Sovereignty
Implies the supreme authority to govern
Can be exercised directly through public officials
Can be exercised indirectly through suffrage
International Laws - refers to the body of rules and principles w/c governs the relations of nations and their respective people in
their intercourse with one another.
Section 3: Civilian authority is, at all times, supreme over the military
Armed Forces of the Philippines - protector of the people and the State. The goal is to secure the sovereignty of the
State and the integrity of the national territory
Section 4: The prime duty of the Government is to serve and protect the people.
Section 5: The maintenance of peace and order, the protection of life, liberty, and property.
Foreign Policy - is the basic direction underlying the conduct by a state of its affairs vis-à-vis those of other States.
Section 9: The State shall promote a just and dynamic social order.
Social Justice - state must give preferential attention to the welfare of the less fortunate members of the community.
Section 11: The State values the dignity and guarantees full respect for human rights.
Section 12: The State recognizes the sanctity of family life. Family - as the basic autonomous social institution
Rearing of the youth for civic efficiency and development of moral character
1. duty both of parents and government
2. right of State to interfere with education of children
3. power of state to regulate all schools
4. State and parental obligation
5. duty of the State to encourage educational institutions
Section 13: State recognize the vital role of the youth for Nation Building.
Section 14: The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of
women and men.
Section 15: The right to health of the people and instill health consciousness among them. Health - is the state of physical social
and mental well-being rather than merely the absence of physical disease.
Section 16: The right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Ecology - branch of science that deals with the study of the interrelationships of living things and their environment
Section 17: The State shall give priority to education, science and technology, arts, culture, and sports.
Section 18: The State affirms labor as a primary social economic force.
Section 19: The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.
Section 20: The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 20: The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides
incentives to needed investments.
Section 21: The State shall promote comprehensive rural development and agrarian reform. Comprehensive rural Development -
covers all phases of rural development - economic, social, political, cultural and industrial
Section 22: The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity
and development.
Indigenous cultural community - refers to those non-dominant group w/c possess and wish to preserve characteristic markedly
different from the rest of the population.
Ex: Ethnic, religious and linguistic traditions
Section 23: The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of
the nation.
Section 24: The State recognizes the vital role of communication and information in nation-building.
Section 25: The State shall ensure the autonomy of local governments.
Section 26: The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be
defined by law.
Section 27: The State shall maintain honesty and integrity in the public service and take positive and effective measures against
graft and corruption.
Section 28: Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure
of all its transactions involving public interest.
Bill of rights - may be defined as a declaration and enumeration of a person’s right and privileges which the constitution designed
to protect against violations by the government or by an individual or groups of individuals.
Example: right to receive a minimum wage and the right to adopt a child by an unrelated person.
Classes of Rights
1. Natural Rights - Rights possess by every citizen without being granted by the state for they are given to man by God as
human being created to his image.
2. Constitutional Rights - Rights which are conferred by the constitution.
3. Statutory Rights - Rights which are provided by laws by the law-making body and consequently maybe abolish by the
same body.
Due Process of Law - a law or a policy that hears before it condemns, a principle of fair play
2. Administrative Proceedings - notice and hearing may be dispensed with, where because of public need or for practical
reasons, the same is not feasible.
Substantive Due Process - Law requires that the law in question affecting life, liberty or property be a valid law.
Liberty – denotes merely freedom from physical restraint. It also embraces the rights of man to use his faculties with which he has
been endowed by his Creator.
Property – may refer to the thing itself or the right over a thing.
Equal protection of the law – signifies that “all person’s subject to legislation should be treated alike, under like circumstances
and conditions both in the privileges conferred and liabilities imposed”.
Search warrant – an order of writing issued in the name of the people of the Philippines, signed by a judge and directed to a
peace officer commanding him to search for certain personal property and bring it before the court.
Warrant of arrest – to arrest a person designated and to take him into custody in order that he may be bound to answer for the
commission of an offense.
Probable cause - such facts and circumstances antecedent to the issuance of the warrant sufficient in themselves to induce a
cautious man to rely upon them and act in pursuance thereof.
2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be
arrested has committed it.
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving
final judgment, or has escaped while being transferred to one confinement to another.
Section 4: No law shall be passed abridging the freedom of speech, of expression, or of the press
Meaning of Freedom of speech, expression and of the press- also known as freedom of expression, implies the right to freely utter
and publish whatever one pleases without previous restraint, and to be protected against any responsibility for so doing as long as
it does not violate the law. It also includes the right to circulate what is published.
Section 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
1. Religious Freedom - right of man to worship God, and to entertain such religious views as appeal to his individual
conscience without dictation or interference by any person or power, civil or ecclesiastical.
2. Religion - includes all forms of belief in the existence of superior beings exercising power over human beings.
Section 7: The right of the people to information on matters of public concern shall be recognized.
1. Writ of Habeas Data - a judicial remedy available to any individual whose right to privacy in life, liberty, or security is
violated or threatened by an unlawful act.
2. Purpose of Writ - by way of regulating the processing of personal information or data about him. Gives the individual the
right to find out what information is being kept about.
Section 8: The right of the people, to form unions, associations, or societies not contrary to law.
1. The right to form an association - is the freedom to organize or to be a member of any group or association, union or
society and to adopt the rules which the members judge most appropriate to achieve their purpose. Grants government
employees to form labor unions.
Section 9: Private property shall not be taken for public use without just compensation.
3. Power of Taxation - power of the state to impose charge or burden upon persons, property, or property rights for the use
and support of the government and to enable it to discharge its appropriate functions.
Section 11: Free access to the courts and quasi-judicial bodies and adequate legal assistance.
Right to Free access to courts and Quasi-judicial bodies - for the protection of their persons and properties, the prevention and
redress of wrongs and the enforcements of contracts.
Right to adequate legal assistance - the State has a duty to provide free and legal assistance to citizens when needed.
Section 12: Right to be informed of one’s rights and be free from any forms of violence, torture or force.
Section 13: Right to bail, except those charged with reclusion perpetua.
Bail - security required by a court and given for the provisional or temporary release of a person who is in the custody of the law.
Capital Offense - is an offense, which under the law existing may be punishable by “reclusion perpetua”, life imprisonment, or
death.
Section 14: No person shall be held to answer for a criminal offense without due process of law.
Right to due process of law
1. Due process in its procedural aspect - a person cannot be held to answer without due process of law.
The accused must be:
Tried before a competent court (ex. Court having jurisdiction)
Given fair and impartial trial
Allowed to use all legal means and opportunity to defend himself
The judgment awarded against him must be within the authority of a valid law.
2. Observance of fundamental fairness
Arraignment - is made in an open court by the judge or clerk, and consist in furnishing the accused of the copy of the complaint.
Right to be informed of the cause and nature of the accusations against him:
1. Specific allegations of crimes charged - implies that the offense w/c a person is accused of be made known to him.
2. Remedy of accused whose rights is violated - this requirement of notice is indispensable in as much as in criminal cases
not only the liberty but even the life of the accused maybe at stake.
Basis:
1. Public policy - because if the party is thus required to testify, He would be placed under the strongest temptation to
commit perjury.
2. Humanity - prevents extortion of confession by duress.
3. Right to silence - his failure or refusal to testify may not be used as a presumption of guilt or taken as evidence against
him.
Involuntary servitude - denotes a condition of enforced, compulsory service of one to another. It includes:
1. Slavery - the state of entire subjection of one person to the will of another.
2. Peonage - voluntary submission of a person to the will of another because of his debt.
Section 15: The privilege of the writ of habeas corpus shall not be suspended except when the public safety requires it.
1. Writ of habeas corpus - Order issued by the court directed to the person detaining another, commanding him to produce
the body of the prisoner at a designated time and place. May be suspended by the president incase only if invasion or
rebellion when public safety requires it.
Purpose of the writ: To inquire into all manner of involuntary restraint or detention as distinguished from voluntary and to relieve a
person therefrom if such restraint is found illegal.
1. Writ - is the order from the court requiring a person detaining another to show cause for detention
2. Writ of Amparo - This special writ prohibits respondents f rom using the defense of simple denial. Can be invoked by the
families of victims of extrajudicial killings, and enforced disappearances when the right to life, liberty or security of a
person is violated or threatened.
Section 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative
bodies.
Right against Self-incrimination - no person shall be compelled to be a witness against himself which may expose him to criminal
liability
Section 19: Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
1. Right against excessive fines - The question as to the amount of the fines that shall be imposed is the sound discretion of
the court, if it keeps within the limit of the Statute, it cannot be held unreasonable.
2. Right against cruel, degrading, or inhuman punishment - This right can only be invoked after conviction for a crime.
Section 20: No person shall be imprisoned for debt or non-payment of a poll tax.
1. Debt - any liability to pay money arising out of a contract, express or implied. Refers to Civil or contractual debt or one
not arising from a criminal offense.
2. Estafa - is a criminal offense where you a person van be imprisoned for nonpayment of debt
3. Poll Tax - tax of a fixed amount imposed on individuals rescinding within a specified territory, whether citizens or not.
Section 21: No person shall be twice put in jeopardy of punishment for the same offense.
1. Right against double jeopardy - When a person is charged with an offense, and the case is terminated either by acquittal
of conviction, the latter cannot again be charged of the same or identical offense.
Bill of Attainder - legislative act which inflicts punishment without a judicial trial, if the punishment is less that death, the act is
called bill of pains and penalties.
Citizen - a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political
rights.
Subject - citizen of a member of a democratic community who enjoys full civil and political rights. In a monarchal state, he is called
a “subject”.
Alien - is a citizen of a country who is residing on or passing through another country. He is popularly called as a “foreigner”.
Citizens by birth
Jus Sanguinis - Blood relationship is the basis for the acquisition of this rule. The children follow the citizenship of the
parent. The Philippines uses this rule.
Jus soli/ jus loci - place of birth serves as the basis for acquiring citizenship under this rule. The U.S. uses this rule. The
person become the citizen where he is born irrespective of the citizenship of the parents.
Naturalization - act of formally adapting a foreigner into the political body of the state and clothing him with the rights and
privileges of citizenship.
Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law.
Loss of citizenship
1. Voluntarily - it is called expatriation
By naturalization in a foreign countr
By express renunciation of citizenship
By subscribing to an oath of allegiance to a foreign country
By rendering service to or accepting commission in the armed forces of a foreign country
2. Involuntarily
By cancellation of his certificate of naturalization by court
Having been declared by competent authority, a deserter of the Philippine Armed forces in the time of war
Repatriation - is affected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the
same in the proper civil registry.
Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they too have renounced it.
ARTICLE V: SUFFRAGE
Section 1: Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age Suffrage - Is the right and
obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of
public questions submitted to the people.
Nature of Suffrage:
1. A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld by the law-making power
subject to constitutional limitations.
2. A political right - in the sense of a right conferred by the Constitution. Suffrage is classified as a political right.
Scope of Suffrage:
1. Election - means by which the people chose their officials.
2. Plebiscite - name given to vote of the people expressing their choice for or against a proposed law
3. Referendum - submission of a law or part thereof passed by the national or local legislative body
4. Initiative - process whereby the people directly propose and enact law.
5. Recall - method by which a public officer may be removed from office during his tenure or before the expiration of his
term.
Qualification of voters:
1. Must be a citizen (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age
4. Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote at least six months
preceding the election.
Section 2: The Congress secure the secrecy and sanctity of the ballot.
1. Congress - designs a procedure for the disabled and the illiterate to vote w/o assistance.
Section 1: The legislative power shall be vested in the Congress of the Philippines
1. Legislative power - authority under the constitution to make laws and subsequently, when the need arises, to alter and
repeal them.
2. Law - refers to statutes which are the written enactments of the legislature governing the relations of the people among
themselves or between them and the government and its agencies.
Principle of check and balance - Constitutional provisions authorize a considerable amount of encroachment or checking by one
department in the affairs of the other.
Section 2. The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Registered Voter - is one who has all the qualification for a voter and none of the disqualifications provided by law and who has
registered himself in the list voters.
Residence - is the place where one has his true permanent home and to which, whenever absent he has the intention of returning.
Section 8: Regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday
of May.
Section 10: The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in
said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
Section 15: The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different
date is fixed by law.
2 kinds of Session:
1. Regular Session - convene once every year on the fourth Monday of July
2. Special Session - The President may call a special session at any time.
Section 16: The Senate shall elect its President and the House of Representatives its Speaker.
Quorum- a number of the membership of an assembly, or collective body as is competent to transact its business. Ordinarily, a
quorum consists of ½ plus 1 of the members of the body.
Rules of Procedure - rules made by any legislative body to regulate the mode and manner of conducting i t s business.
Legislative Journal - defined as the official record of what is done and passed in a legislative assembly.
Section 17: The Senate and the House of Representatives shall each have an Electoral Tribunal. Compositions of Electoral
Tribunal:
shall be composed of nine members, 3 of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and 6 shall be Members of the Senate or the House of Representatives, as the case maybe,
who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein?
The senior Justice in the Electoral Tribunal shall be its Chairman.
Section 19: The Electoral Tribunals and the Commission on Appointments shall be:
1. Constituted within thirty days after the Senate and the House of Representatives shall have been organized with the
election of the President and the Speaker.
2. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a
majority of all its Members, to discharge such powers and functions as are herein conferred upon it.
Section 20: The records and books of accounts of the Congress shall be:
1. preserved and be open to the public in accordance with law
2. and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts
paid to and expenses incurred for each Member.
Section 21: The Senate or the House of Representatives or any of its respective committees may conduct:
1. Inquiries in aid of legislation in accordance with its duly published rules of procedure.
2. The rights of persons appearing in or affected by such inquiries shall be respected.
Section 22: The heads of departments with the consent of the President, shall provide;
1. appear before and be heard by such House on any matter pertaining to their departments.
2. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance.
3. Interpellations shall not be limited to written questions, but may cover matters related thereto.
4. When the security of the State or the public interest so requires and the President so states in writing, the appearance
shall be conducted in executive session.
Section 23: The Congress, shall have the sole power to declare the existence of a state of war. In times of war or other national
emergency, the Congress may:
authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of Representatives.
Appropriations bill - the primary and specific aim of which is to make appropriations of money from the public treasury.
Kinds of Appropriations:
1. Annual or General Appropriations - they set aside annual expenses for the general operations of the government.
2. Special or Supplemental Appropriations - include all appropriations not contained in the budget.
3. Specific Appropriations - sets aside a named sum of money for the payment of a particular expense
4. Continuing Appropriations - one w/c provides a definite sum to be always available year to year.
Budget - financial program of the national government for a designated calendar year.
Section 26: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Statute - written will of the legislature as an
organized body expressed according to the form necessary to constitute it into a law of the State, the term “act” is often used in
referring to a statute.
Veto - a Latin term for “I forbid” or “deny”. It is the power vested in the President to disapprove acts passed by the Congress
Purpose of a Veto
To enable the executive department to protect its integrity as an equal branch of the government
To provide a check on hasty, corruptor ill-considered legislation.
Resolutions - defined as a formal expression of opinion, will, or intent by an official body or assembled group.
Kinds of resolution:
1. Simple - if passed by either House for its exclusive use or purpose
2. Concurrent - if passed independently in one House and rarified by the other in the same manner as a bill.
3. Joint - if approved by both House meeting in joint session but voting separately
Uniformity in Taxation
Means that “all taxable articles or properties of the same class shall be taxed at the same rate. Implies equality in burden, not in
amount.
Section 29: No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly,
All money collected on any tax levied for a special purpose shall be treated as a special fund.
Appropriation - an authorization by law that money maybe paid out of the public treasury.
Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.
Section 32: The Congress shall, as early as possible, provide for a system of initiative and referendum.
Initiative - reserved power of the people to directly propose and enact laws at polls called for the purpose independently of
Congress or of a local legislative body.
Referendum - the process by which any act or law or part thereof passed by the Congress or by a local legislative body is
submitted to the people for their approval or disapproval.
Section 1: The executive power shall be vested in the President of the Philippines.
Following the 1935 Charter, sec.1 vests the executive power to one person alone- the President of the Philippines.
Executive power - the power to administer the laws, which means carrying them into practical operation and enforcing their due
observance.
Section 2: No person may be elected President unless he is a natural-born citizen of the Philippines
Section 3: There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the
same manner as the President.
Section 5: Before they enter on the execution of their office, the President, the Vice-President, or the Acting President shall take the
following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfil my duties as President (or Vice-President or Acting
President) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man, and consecrate
myself to the service of the Nation. So, help me God." (In case of affirmation, last sentence will be omitted.)
Section 8: In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall
become the President to serve the unexpired term.
Section 7: The President-elect and the Vice-President-elect shall assume office at the beginning of their terms.
1. If the President-elect fails to qualify, the Vice-President-elect shall act as President until the President-elect shall have
qualified.
2. If a President shall not have been chosen, the Vice-President-elect shall act as President until a
3. President shall have been chosen and qualified.
4. If at the beginning of the term of the President, the President-elect shall have died or shall have become permanently
disabled, the Vice-President-elect shall become President.
Section 9: Whenever there is a vacancy in the Office of the Vice-President, the President shall nominate a Vice-President from
among the Members of the Senate and the House of Representative.
Section 10: The Congress shall, convene in accordance with its rules without need of a call and within seven days enact a law
calling for a special election.
Special election - in case of a permanent vacancy in the Offices of both President and Vice-president.
Section 11: Whenever the President was unable to perform his duty, such powers and duties shall be discharged by the Vice-
President as Acting President.
Section 12: In case of serious illness of the President, the public shall be informed of the state of his health.
Section 13: The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, hold any other
office or employment during their tenure. Avoid conflict of interest in the conduct of their office.
Rule on Nepotism
President is prohibited during his tenure to appoint his spouse and relative by consanguinity or affinity w/in the 4th civil degree to
any positions mentioned.
Section 14: Appointments extended by an Acting President shall remain effective, unless revoked by the elected President w/in 90
days.
Section 15: A President or Acting President shall not make appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service
Section 16: The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the
executive departments.
Appointment - act of designation by the executive officer, board or body to whom the power has been delegated of the individual
who is to exercise the functions of a given office.
Kinds of Acceptance
1. Express - when done verbally or in writing
2. Implied - when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of an
office.
Designation - is simply the mere imposition of new or additional duties upon an officer already in the government service. It is
different from appointment.
Removal - is the ouster of the incumbent before the expiration of his term of office.
Not expressly granted
Impliedly Granted
Removal power of other officers
Section 17: The President shall have control of all the executive departments, bureaus and offices.
Section 18: The President shall be the Commander-in-Chief of all armed forces of the Philippines.
Military Power of the President
1. Powers to meet emergency situation
call out such armed forces to prevent or suppress lawless violence, invasion or rebellion
To suspend the privilege of writ of habeas corpus
To declare Martial Law
2. Commander in Chief of the Armed forces - the constitution makes the president, a civilian, the Commander-in-Chief of all
Armed Forces of the Philippines
Martial Law
All laws that are reference to and are administered by the Military Forces of the State:
1. The military law proper
2. Rules governing the conduct of military forces in times of war.
Section 19: Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves,
commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.
1. Reprieve - Is the postponement of the execution of a death sentence to a certain date.
2. Suspension of sentence - postponement of a sentence for an indefinite time.
3. Commutation - the reduction of the sentence imposed to a lesser punishment as from death to life imprisonment. It may
be granted without the acceptance and even against the will of the convict.
4. Pardon - an act of grace proceeding from the power entrusted with the execution of the laws which exempts the
individual on whom it is bestowed.
5. Parole
It is an act of forgiveness
It is granted by the President alone after conviction
Private act of the president which must be pleaded and proved by the person who claims to have been pardoned
because the courts take no judicial notice.
Granted for infraction of the peace of the State.
Kinds of Pardon
1. Absolute - it is not subject to any condition whatsoever; it becomes effective when made.
2. Conditional - when it is given subject to any condition or qualification the President may see fit.
Pardoning Power - Extends to all offenses including criminal contempt. It does not give the President power to exempt, except from
punishment anyone from the law.
Effects of Pardon
1. Removes penalties and disabilities and restores him to his full civil a political right
2. Does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to
pardon a private wrong
3. Does not restore offices, property or rights vested I others in consequence of the conviction. Remissions - prevents the
collection of fines or the confiscation of forfeited property.
4.
Amnesty - act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political character such as treason, sedition or rebellion.
1. Granted with the concurrence of Congress before or after conviction.
2. Act of forgetfulness
3. Granted for infractions for crimes against the sovereignty of the State.
4. By the proclamation of the president with concurrence of Congress is a public act of which the courts will take judicial
notice.
Section 20: The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior
concurrence of the Monetary Board, and subject to such limitations as may be provided by law.
Treaty - compact made between two or more states, including international organizations of states, intended to create binding
rights and obligations upon the parties thereto. May be bilateral or multilateral. Also known as a pact, convention or charter.
Section 22: The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of
the general appropriations bill, a budget of expenditures and sources of financing
Section 23: The President shall address the Congress at the opening of its regular session. He may also appear before it at any
other time.
Section 21: No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the
Section 1: The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
Judicial power - the power and duty of courts of justice to apply the laws to contests or disputes concerning legally recognized
rights or duties between the State and private persons or individuals or between private persons or individual litigants, in case
properly brought before the judicial tribunals.
Organization of Courts:
1. Regular Court
Court of Appeals - With 69 justices headed by a presiding Justice w/c operate in 28 divisions each comprising 3
members
Regional Trial Court - Presided by 720 regional trial Judges in each of the 13 regions of the country
Metropolitan Trial Court - A Municipal Trial Court in every city not forming part of a metropolitan area
2. Special Court
Sandiganbayan - 14 Justices and a presiding Judge
Court of Tax Appeals - With 5 Justices and a presiding Justice, was created under R.A. 1125 as amended by R.A.
9282
Section 2: The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts.
Jurisdiction - the power and authority of the court to hear, try and decide a case. It may be:
1. General - empowered to decide all disputes which may come before it except those assigned to other courts (ex.
Jurisdiction of the regional trial court)
2. Original - can try and decide a case presented for the first time. It may be exclusive or concurrent.
3. Appellate - can take a case already heard and decided by a lower court removed from the latter by appeal.
4. Exclusive - can try and decide a case which cannot be presented before any other court
5. Concurrent - when any two or more courts may take cognizance of a case.
6. Criminal - that which exists for the punishment of crime
7. Civil - that which exists when the subject matter is not a criminal nature (ex. Collection of debt)
Sitting Procedure
1. Number of division - on the basis of 15 members, the number of divisions will be five, composed of 3 members each, 3
composed of 5 members each or 2, meetings separately.
2. Decisions of divisions - by sitting in division, the Supreme Court increases its capacity to dispose of cases pending
before it.
Power of judicial review - the power of the court, ultimately of the Supreme Court to interpret the constitution and to declare
any legislative or executive act invalid because it is in conflict with the fundamental laws.
Justiciable question - affects personal or property rights accorded to every member of the community in cases properly
brought before the judicial tribunals.
Political question - is to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority
has been delegated to the legislative or executive branch of the government.
Terms:
1. Certiorari - writ issued from a superior court requiring a lower court or a board or officer exercising judicial functions to
transmit the records of the case to the superior court for the purpose of a review.
2. Mandamus - order issued by a superior court commanding a lower court or a corporation, board or person to perform a
certain act which it is its or his duty to do.
3. Quo warranto - action by the government to recover an office or franchise from an individual or corporation usurping or
unlawfully holding it.
4. Pleading - act of presenting one’s claim, answer, or arguments in defense or prosecution of an action.
Admission of the practice of law or to the Bar - a person is said to be admitted to the Bar or is a member of the Bar when he is
authorized by the Supreme Court to practice law in the Philippines.
Integrated bar - it means the official national unification of the entire lawyer population of the
Philippines in a single organization.
Legal assistance to the under privilege - poor and uninformed litigants are entitled to legal assistance from the government in
defending or enforcing their rights to redress the imbalance before the parties in civil and criminal cases.
Substantial law - part of the law which creates, defines, and regulates rights concerning life, liberty, or property or the powers of
the agencies or instrumentalities for the administrations of public affairs.
Adjective or remedial law - part of law which prescribe the methods of enforcing rights or obtaining redress for their
violation.
Substantive rights - rights which substantive law declares or rights concerning life, liberty or property.
Section 6: The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
Section 7: No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born
citizen of the Philippines.
Qualifications for members of the Supreme Court and any Lower Collegiate Court
Supreme Court:
Must be natural born citizen
At least 40 yrs. of age
Must have, for 15 yrs. of more, been a judge of a lower court or engaged in the practice of law in the Philippines
Must be a person of proven competence, integrity, probity and independence.
Lower Collegiate - qualifications shall be prescribed by the Congress as provided in section 7(2). But they must be natural born
citizen.
1. The Chief Justice as ex officio Chairman - shall serve 4 yrs.
2. The Secretary of Justice - shall serve 4 yrs.
3. A representative of the Congress as ex officio Members
4. A representative of the Integrated Bar - shall serve 4 yrs.
A professor of law - shall serve for three years
A retired Member of the Supreme Court - shall serve for two years
A representative of the private sector - shall serve for one year
Section 9: The Members of the Supreme Court and judges of lower courts shall be appointed by the President.
Section 10: The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges of lower courts shall
be fixed by law.
Section 12: The Members of the Supreme Court shall not be designated to any agency performing quasi-judicial or administrative
functions.
Section 13: The conclusions of the Supreme Court in any case submitted to it for decision shall be reached in consultation.
Section 2: No member of a Constitutional Commission shall, during his tenure, hold any other office or employment.
Section 3: The salary of the Chairman and the Commissioners shall be fixed by law and shall not be decreased during their
tenure.
Section 8. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of:
Section 4: The Constitutional Commissions shall appoint their officials and employees in accordance with law.
Section 7: Each Commission shall decide by a majority vote of all its Members.
A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or
memorandum required by the rules of the Commission or by the Commission itself.
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be
brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof.
Section 8: Each Commission shall perform such other functions as may be provided by law.
Section 1: Composition of Civil Service Commission - composed of a Chairman and two commissioners.
Qualifications:
1. natural-born citizens of the Philippines
2. at least thirty-five years of age
3. with proven capacity for public administration
4. must not have been candidates for any elective position in the elections immediately preceding their appointment
The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government
owned or controlled corporations with original charters.
Civil service - professionalized body of men and women who have made of the government service a lifetime career. Portion of the
public service that is “governed by the merit principle in the selection of officers and employees.”
For cause provided by law - means legal cause or cause provided by an existing law and not merely causes which the
appointing power in the exercise of discretion may deem sufficient.
Electioneering or partisan political campaign - refers to the act designed to have a candidate elected or not or to promote the
candidacy of a person or persons to a public office
Any political activity is “Partisan” if it is directed towards the advancement of a political party or candidate. An activity id
nonpartisan if it is addressed to the attainment of the objective “of insuring free, orderly, honest, peaceful and credible elections.”
Section 3: The Civil Service Commission, shall establish a career service and promote morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service.
Section 4: All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.
Section 5: Standardization of compensation.
Salaries to be fixed by law - they shall no longer be subject to collective bargaining agreement.
Section 6: No candidate will be appointed to any office in the Government who has lost in any election shall, within one year
Section 7: No elective official shall be eligible for appointment or during his tenure.
Section 8: No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless
specifically authorized by law,
Section 3: The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre-proclamation controversies.
Section 4: The Commission may, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, or concessions granted by the Government
Section 5: The President cannot perform suspension of sentence, pardon and the like for violation of election laws, rules, and
regulations.
1. Parole - a method by which a prisoner who has served a portion of his sentence is conditionally released but remains in
legal custody, the condition being that in case of misbehavior, he shall be imprisoned. A parole does not pardon the
prisoner.
2. Suspension of sentence - the postponement of the execution of a sentence for an indefinite time. It is different from
reprieve, in that, the latter postpones the execution of a sentence with a definite date and time.
Section 8: Political parties, or organizations or coalitions registered under the party-list system, shall not be represented in the
voters' registration boards, boards of election inspectors, boards of canvassers, or other similar bodies. However, they shall be
entitled to appoint poll watchers in accordance with law.
Section 9: Unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the
day of election and shall end thirty d a ys thereafter.
Section 10: Bona fide candidates for any public office shall be free from any form of harassment and discrimination.
Section 11: Funds certified by the Commission as necessary to defray the expenses for holding regular and special elections,
plebiscites, initiatives, referenda, and recalls, shall be provided in the regular or special appropriations and, once approved, shall
be released automatically upon certification by the Chairman of the Commission.
Qualification of members
1. Must be natural born citizen
2. 35 yrs. old
3. Certified public accountants with not less than 10 yrs. of auditing experience or members of the Bar who have been
engage in practice of law for 10 yrs.
4. Must not have been a candidate for any elective positions in the preceding election
Section 3. No law shall be passed exempting any entity of the Government from the jurisdiction of the Commission on Audit.
Section 4. The Commission shall submit to the President and the Congress, within the time fixed by law, an annual report covering
the financial condition and operation of the Government.