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com/ateneo/ Elements of a State (for municipal law purposes)              CODE: 

POLITICAL LAW REVIEWER PTSG
CONSTITUTIONAL LAW 1. A community of persons, more or less numerous
(PEOPLE)
2. Permanently occupying a definite portion of territory
ARTICLE I – THE NATIONAL TERRITORY (TERRITORY)
The national territory of the Philippines comprises: 3. Independent of external control (SOVEREIGNTY)
1. The Philippine archipelago 4. Possessing an organized government to which the great
2. With all the islands and waters embraced therein body of inhabitants render habitual obedience
3. And all other territories over which the Philippines has (GOVERNMENT)
sovereignty or jurisdiction
4. Consisting of its Definition of “People”
CODE:  TFA CODE:  CNCH
1. Terrestrial 1. A Community of persons;
2. Fluvial; 2. Sufficient in Number;
and                                                                       3. Capable of maintaining the continued existence of the
3. Aerial domains community; and
5. Including its 4. Held together by a common bond of law.
CODE: TSSIO
1. Territorial sea Definition of “Sovereignty”
2. The seabed  LEGAL sovereignty
3. The 1. The supreme power to make law.
subsoil                                                                        2. It is lodged in the people.
4. The insular shelves; and  
5. The other submarine areas  POLITICAL sovereignty
6. The waters 1. The sum total of all the influences in a state,
CODE:  ABCI 2. Legal and non-legal,
1. Around 3. Which determine the course of law.
2. Between and
3. Connecting  According to the Principle of AUTO-LIMITATION:
4. The islands of the archipelago        Sovereignty is the property of the state-force due to which it has the
5.                                     exclusive capacity of legal self-determination and self-restriction.
Regardless of their breadth and dimensions
Definition of “Government”
Form part of the INTERNAL WATERS of the Philippines 1. That institution or aggregate of institutions
2. by which an independent society
Definition of Archipelago 3. makes and carries out those rules of action
- An archipelago is a body of water studded with islands.  The 4. which are necessary to enable men to live in a social state
Philippine archipelago is that body of water studded with 5. or which are imposed upon the people forming that society
islands which is delineated in the Treaty of Paris (1898), as by those who possess the power or authority of prescribing
amended by the Treaty of Washington (1900) and the Treaty of them.
Great Britain (1930).
Classification of governments
Definition of “all other territories over which the Philippines has 1.  De jure       – one established by the authority of the legitimate
sovereignty or jurisdiction” sovereign
- It includes any territory that presently belongs or might in the 2.  De facto      – one established in defiance of the legitimate
future belong to the Philippines through any of the sovereign
internationally accepted modes of acquiring territory.  
Classification of de facto governments
Archipelagic principle  De facto proper
Two elements: 1. That government that gets possession and
1. The definition of internal waters (as provided above); control of
2. The straight baseline method of delineating the territorial 2. or usurps by force or by the voice of majority
sea – consists of drawing straight lines connecting 3. the rightful legal government
appropriate points on the coast without departing to any 4. and maintains itself against the will of the latter.
appreciable extent from the general direction of the coast.  Government of paramount force
3. 1. That which is established and maintained by
Important distances with respect to the waters around the Philippines military forces
1.  Territorial sea  -    12 nautical miles (n.m.) 2. who invade and occupy a territory of the enemy
2.  Contiguous zone   -   12 n.m. from the edge of the territorial sea 3. in the course of war.
3.  Exclusive economic zone   -   200 n.m. from the baseline  That established as an independent government by the
[includes (1) inhabitants of a country who rise in insurrection against the
and (2)] parent state.

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE Definition of “Republican State”

POLICIES It is one wherein all government authority emanates from the people
and is exercised by representatives chosen by the people.
Selected principles
Definition of Democratic State
Sec 1.  The Philippines is a democratic and republican State.  This merely emphasizes that the Philippines has some aspects of
Sovereignty resides in the people and all government authority direct democracy such as initiative and referendum.
emanates from them. 
Sec. 2.  The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law
as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.
 
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument
of national policy.  It does not renounce defensive war.
Some “generally accepted principles of international law” recognized
by the Court:
1. Right of an alien to be released on bail while awaiting
deportation when his failure to leave the country is due to the
fact that no 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 criminals (Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals
(Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations.  under the Bill of Rights, it does not follow that it is less
Diplomatic recognition remains a matter of executive discretion.
Sec 3.  Civilian authority is, at all times, supreme over the military.  2.
The Armed Forces of the Philippines is the protector of the people
and the State.  Its goal is to secure the sovereignty of the State and
the integrity of the national territory.
 
Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law
because authority, under our constitutional system, can only
come from law.
2. Under this clause, the soldier renounces political ambition.
 
Mark of sovereignty (2nd and 3rd sentences)
1. Positively, this clause singles out the military as the
guardian of the people and of the integrity of the national
territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military
abuses.
Sec 4.  The prime duty of the Government is to serve and protect the
people.  The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal, military, or civil
service.
Sec. 5.  The maintenance of peace and order, the protection of life,
liberty and property, and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of
democracy.
Sec. 6.  The separation of Church and State shall be inviolable.
Selected state policies
Principle that the family is not a creature of the state.
Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed
exactly on the level of the life of the mother.  Hence, when it
is necessary to save the life of the mother, the life of the
unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing
abortion up to the 6th month of pregnancy cannot be adopted
in the Philippines because the life of the unborn is protected
from the time of conception.
Sec. 16.  The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
1. While the right to a balanced and healthful ecology is found
under the declaration of Principle and State Policies and not
important than any of the civil and political rights enumerated
in the latter. (Oposa v. Factoran)
The right to a balanced and healthful ecology carries with it
the correlative duty to refrain from impairing the
environment.  (Oposa v. Factoran)
Sec. 26.  The State shall guarantee equal access to opportunities for
public service, and prohibit political dynasties as may be defined by
law.
Sec. 27.  The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
Sec. 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.
ARTICLE III – BILL OF RIGHTS
Sec. 1. No person shall be deprived of life, liberty or property without
due process of law, nor shall any person be denied the equal
protection of the laws.
 
Definition of “Police Power”:
1)  Power vested in the legislature
2)  By the Constitution
3)  To make, ordain, and establish
4)  All manner of wholesome and reasonable laws, statutes, and
ordinances
5)  Either with penalties or  without
6)  Not repugnant to the constitution
7)  As they shall judge to be for the good and welfare of the
commonwealth and of the subjects of the same.

Sec. 7.  The State shall pursue an independent foreign policy.  In its Aspects of “Due Process”:
relations with other states, the paramount consideration shall be 1. Procedural due process – refers to the mode of procedure
national sovereignty, territorial integrity, national interest, and the which government agencies must follow in the enforcement
right to self-determination. and application of laws.
2. Substantive due process – prohibition against arbitrary
Sec. 8.  The Philippines, consistent with the national interest, adopts laws.
and pursues a policy of freedom from nuclear weapons in its territory.
Note:  PROCEDURAL DUE PROCESS:
Policy of freedom from nuclear weapons 1. A law which hears before it condemns.
 The policy PROHIBITS: 2. Due process of law contemplates notice and opportunity to
1. The possession, control and manufacture of be heard before judgment is rendered affecting one’s person
nuclear weapons or property (Lopez v. Dir. of Lands)
2. Nuclear arms tests. 3. Due process depends on circumstances; it varies with the
 The policy does NOT prohibit the peaceful uses of nuclear subject matter and the necessities of the situation.
energy.
Requisites of PROCEDURAL due process:
Sec. 12.  The State recognizes the sanctity of family life and shall For JUDICIAL proceedings:  CODE:  C J N O H
protect and strengthen the family as a basic autonomous social 1. A court or tribunal clothed with judicial power to hear and
institution.  It shall equally protect the life of the mother and the life of determine the matter before it.
the unborn from conception. etc.
 
 2. Jurisdiction must be lawfully acquired over the person of 9. Judicial order which prevents an accused from travelling
the defendant or over the property which is the subject of the abroad in order to maintain the effectivity of the court’s
proceedings. jurisdiction.
3. The defendant must be given notice and an opportunity to 10. Suspension of a bank’s operations by the Monetary Board
be heard. upon a prima facie finding of liquidity problems in such bank.
4. Judgment must be rendered upon a lawful hearing.
Note:
For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. The right to counsel is a very basic requirement of
1. The right to a hearing, which includes the right to present substantive due process and has to be observed even in
one’s case and submit evidence in support thereof. administrative and quasi-judicial bodies.
2. The tribunal must consider the evidence presented. 2. The right to appeal is a statutory privilege that may be
3. The decision must have something to support itself. exercised only in the manner in accordance with law.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at Requisites of SUBSTANTIVE due process: CODE: I M
the hearing or at least contained in the record and disclosed 1. The INTERESTS of the public generally, as distinguished
to the parties affected. from those of a particular class, requires the interference by
6. The tribunal or body or any of its judges must act on its or the government and
his own independent consideration of the law and facts of 2. The MEANS employed are necessary for the
the controversy, and not simply accept the views of a accomplishment of the purpose and not unduly oppressive
subordinate in arriving at a decision. upon individuals.
7. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the Requirements of a valid ordinance:
proceeding can know the various issues involved and the 1. Must not contravene the Constitution or any statute
reasons for the decision rendered. 2. Must not be unfair or oppressive
Note: 3. Must not be partial or discriminatory
1. What is required is not actual hearing, but a real 4. Must not prohibit, but may regulate trade
opportunity to be heard. 5. Must be general and consistent with public policy
2. The requirement of due process can be satisfied by 6. Must not be unreasonable
subsequent due hearing.
3. Violation of due process: when same person reviews his When is a law VAGUE?
own decision on appeal. 1. When it lacks COMPREHENSIBLE STANDARDS
4. Notice and hearing are required in judicial and quasi- 2. That men of ordinary intelligence must necessarily GUESS
judicial proceedings, but not in the promulgation of general as to its meaning
rule. 3. And differ as to its application

For SCHOOL DISCIPLINARY proceedings:  CODE: W A In A D Equal Protection of the law

P The equality that it guarantees is legal equality or the equality of all
1. The student must be informed in writing of the nature and persons before the law.  It does not demand absolute equality.  It
cause of any accusation against them. merely requires that all persons shall be treated alike, under like
2. The student shall have the right to answer the charges circumstances and conditions both as to privileges conferred and
against him, with the assistance of counsel if desired. liabilities enforced.
3. The student has the right to be informed of the evidence Requisites for valid classification for purposes of the equal protection
against him. clause
4. The student has the right to adduce evidence in his own
behalf. The classification must:        CODE:  SGEE
5. The evidence must be duly considered by the investigating 1. Rest on SUBSTANTIAL DISTINCTIONS
committee or official designated by the school authorities to 2. Be GERMANE to the purposes of the law
hear and decide the case. 3. Not limited to existing conditions only
6. The penalty imposed must be proportionate to the offense. 4. APPLY EQUALLY to all members of the SAME CLASS.

Note: Sec. 2. The right of the people to be secure in their persons, houses,
1. The school has a contractual obligation to afford its papers, and effects against unreasonable searches and seizures of
students a fair opportunity to complete the course a student whatever nature and for any purpose shall be inviolable, and no
has enrolled for. search warrant or warrant of arrest shall issue except upon probable
2. Exceptions: cause to be determined personally by the judge after examination
3. Serious breach of discipline; or under oath or affirmation of the complainant and the witnesses he
4. Failure to maintain the required academic standard. may produce, and particularly describing the place to be searched
5. Proceedings in student disciplinary cases may be and the person or things to be seized.
summary; cross-examination is not essential General Rule: Search and seizures are unreasonable unless
authorized by a validly issued search warrant or warrant of arrest
Instances when hearings are NOT necessary:
1. When administrative agencies are exercising their quasi- Requisites for a valid warrant:            CODE  P  J  E  D
legislative functions. 1. It must be issued upon PROBABLE CAUSE.
2. Abatement of nuisance per se. 2. The existence of probable cause is determined personally
3. Granting by courts of provisional remedies. by the JUDGE.
4. Cases of preventive suspension. 3. The judge must EXAMINE UNDER OATH the complainant
5. Removal of temporary employees in the government and the witnesses he may produce.
service. 4. The warrant must PARTICULARLY DESCRIBE the place
6. Issuance of warrants of distraint and/or levy by the BIR to be searched and person or things to be seized.
Commissioner.
7. Cancellation of the passport of a person charged with a Definition of “PROBABLE CAUSE”
crime. For the issuance of a warrant of arrest:
8. Issuance of sequestration orders (considered a provisional - Probable cause refers to such facts and circumstances which
remedy). would lead a reasonably discreet and prudent man to believe
 that an offense has been committed by the person sought to be
arrested.
For the issuance of a search warrant:
- Probable cause would mean such facts and circumstances
which would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the
objects sought in connection with the offense are in the place
to be searched.
Note:   Probable cause for the issuance of a search warrant does
NOT require that the probable guilt of a specific offender be
established, unlike in the case of a warrant of arrest.
Existence of probable cause “DETERMINED PERSONALLY BY THE
JUDGE”
The judge is NOT required to personally examine the complainant
and his witnesses. What the Constitution underscores is the
exclusive and personal responsibility of the issuing judge to satisfy
himself of the existence of probable cause (Soliven v. Makasiar, 167
SCRA 394).
To be sure, the Judge must go beyond the prosecutor’s certification
and investigation report whenever necessary (Lim v. Felix).
Procedure:
1. The judge personally evaluates the report and supporting
documents submitted by the fiscal regarding the existence of
probable cause and, on the basis thereof, issue a warrant of
arrest or
2. If on the basis thereof, the judge finds no probable cause,
he may disregard the fiscal’s report and require the
submission of supporting affidavits of witnesses to aid him in
arriving at the conclusion as to the existence of probable
cause.
Examination “UNDER OATH OR AFFIRMATION OF THE
COMPLAINANT AND WITNESSES”
1. The oath required must refer to the truth of the facts within
the personal knowledge of the complainant or his witnesses
because the purpose is to convince the judge of the
existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the
issuance of a search warrant is whether it has been drawn in
such a manner that perjury could be charged thereon and
affiant be held liable for the damages caused (Alvarez v.
CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the
things to be seized when the description therein is as
specific as the circumstances will ordinarily allow or
2. When  the description expresses a conclusion of fact – not
of law – by which the warrant officer may be guided in
making the search and seizure or
3. When  the things described are limited to those which bear
a direct relation to the offense for which the warrant is being
issued (Bache and Co. v. Ruiz, 37 SCRA 823).
JOHN DOE WARRANT
A “John Doe” warrant can satisfy the requirement of particularity of
description if it contains a descriptio personae such as will enable the
officer to identify the accused (People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or
omissions constituting the offense charged in the application for the
issuance of the warrant. It contravenes the explicit demand of the Bill
of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH
 Search made as an incident to lawful arrest
 An officer making an arrest may take from the person arrested:
1. Any money or property found upon his person which was
used in the commission of the offense or
2. Was the fruit thereof or
3. Which might furnish the prisoner with the means of
committing violence or escaping or
4. Which may be used in evidence in the trial of the case
 The search must be made simultaneously with the arrest and it
may only be made in the area within the reach of the person
arrested
 Search of moving vehicles
1. This exception is based on exigency. Thus, if there is time
to obtain a warrant in order to search the vehicle, a warrant
must first be obtained.
2. The search of a moving vehicle must be based on probable
cause.
 Seizure of goods concealed to avoid customs duties/authorized
under the Tariffs and Customs Code
1. The Tariffs and Customs Code authorizes persons having
police authority under the Code to effect search and seizures
without a search warrant to enforce customs laws.
2. Exception: A search warrant is required for the search of a
dwelling house.
3. Searches under this exception include searches at borders
and ports of entry. Searches in these areas do not require the
existence of probable cause.
 Seizure of evidence in plain view
1. To be a valid warrantless search, the articles must be open
to the eye and hand.
2. The peace officer comes upon them inadvertently.
Waiver of right
 Requisites of a valid waiver:
1. The right exists.
2. The person had actual or constructive knowledge of the
existence of such right.
3. There is an actual intention to relinquish such right.
1. The right against unreasonable searches and seizures is a
personal right. Thus, only the person being searched can
waive the same.
2. Waiver requires a positive act from the person. Mere
absence of opposition is not a waiver.
3. The search made pursuant to the waiver must be made
within the scope of the waiver.
Note:
1. Checkpoints: as long as the vehicle is neither searched nor
its occupants subjected to a body search and the inspection
of the vehicle is limited to a visual search = valid search
(Valmonte V. De Villa)
2. Carroll rule: warrantless search of a vehicle that can be
quickly moved out of the locality or jurisdiction
3. The 1987 Constitution has returned to the 1935 rule that
warrants may be issued only by judges, but the
Commissioner of Immigration may order the arrest of an
alien in order to carry out a FINAL deportation order.
VALID WARRANTLESS ARRESTS
- When the person to be arrested has committed, is actually
committing, or is about to commit an offense in the presence of
the arresting officer.
- When an offense has in fact just been committed and the
arresting officer has personal knowledge of facts indicating that
the person to be arrested has committed it.
- 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 temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.
Waiver of an invalid arrest: 
When a person who is detained applies for bail, he is deemed to
have waived any irregularity which may have occurred in relation to
his arrest.
 Hot pursuit
A.  The pursuit of the offender by the arresting officer must be When prohibition does not apply
continuous from the time of the commission of the offense to 1. During a war.  Ex.  Government can prevent publication
the time of the arrest. about the number/locations of its troops (Near v. Minnesota,
B.  There must be no supervening event which breaks the 238 US 697)
continuity of the chase. 2. Obscene publications.
Stop and frisk
When a policeman observes suspicious activity which leads Standards for allowable subsequent punishment
him to believe that a crime is about to be committed, he can TEST CRITERION
investigate the suspicious looking person and may frisk him for 1. Dangerous Tendency Test There should be a RATIONAL
weapons as a measure of self-protection. Should he find, CONNECTION between the
however, a weapon on the suspect which is unlicensed, he can speech and the evil
arrest such person then and there for having committed an apprehended.
offense in the officer’s presence. 2. Clear and Present Danger There should be a clear and
Test present danger that the words
Sec. 3.  (1)  The privacy of communication and correspondence shall when used under such
be inviolable except upon lawful order of the court, or when public circumstances are of such a
safety or order requires otherwise as prescribed by law. nature as to create a CLEAR
(2)    Any evidence obtained in violation of this or the preceding AND PRESENT DANGER that
section shall be inadmissible for any purpose in any proceedings. they will bring about the
  substantive evils that the State
R.A. 4200 (Anti-Wiretapping Act) has a right to prevent.
- The law does not distinguish between a party to the private 3. Balancing of Interests Test The courts should BALANCE the
communication or a third person.  Hence, both a party and a third PUBLIC INTEREST served by
person could be held liable under R.A. 4200 if they commit any of the legislation on one hand and the
prohibited acts under R.A. 4200 (Ramirez v. Ca) FREEDOM OF SPEECH (or any
other constitutional right) on the
The use of a telephone extension to overhear a private other. The courts will then
conversation is not a violation of R.A. 4200 because it is not similar decide where the greater weight
to any of the prohibited devices under the law.  Also, a telephone should be placed.
extension is not purposely installed for the purpose of secretly
intercepting or recording private communication.  (Gaanan v. IAC, Freedom of Speech
145 SCRA 112) The doctrine on freedom of speech was formulated primarily for the
protection of “core” speech, i.e. speech which communicates
Types of communication protected: political, social or religious ideas.  These enjoy the same degree of
Letters, messages, telephone calls, telegrams and the like. protection.  Commercial speech, however, does not.
 
Exclusionary rule: Commercial Speech
Any evidence obtained shall be inadmissible for any purpose in any 1. A communication which no more than proposes a
proceeding.  However, in the absence of governmental interference, commercial transaction.
the protection against unreasonable search and seizure cannot be 1. To enjoy protection:
extended to acts committed by private individuals. (People v. Martin) 1. It must not be false or misleading; and
2. It should not propose an illegal transaction.
Sec. 4.  No law shall be passed abridging the freedom of speech, of 1. Even truthful and lawful commercial speech may be
expression, or of the press, or of the right of the people peaceably to regulated if:
assemble and petition the government for redress of grievances. 1. Government has a substantial interest to protect;
  2. The regulation directly advances that interest;
What are considered protected speech: and
Protected speech includes every form of expression, whether oral, 3. It is not more extensive than is necessary to
written, tape or disc recorded.  It includes motion pictures as well as protect that interest.  (Central Hudson Gas and
what is known as symbolic speech such as the wearing of an Electric Corp. v. Public Service Commission of NY,
armband as a symbol of protest.  Peaceful picketing has also been 447 US 557)
included within the meaning of speech.
Unprotected Speech
Prohibitions under Section 4 1.      LIBEL
1. Prohibition against PRIOR RESTRAINT FAIR COMMENT (U.S. Rule).  These are statements of
1. Prohibition against SUBSEQUENT PUNISHMENT OPINION, not of fact, and are not considered actionable, even if
the words used are neither mild nor temperate.  What is
Prohibition against prior restraint important is that the opinion is the true and honest opinion of the
1. Prior restraint means official governmental restrictions on person.  The statements are not used to attack personalities but
the press or other forms of expression in advance of actual to give one’s opinion on decisions and actions.
publication or dissemination. OPINIONS.  With respect to public personalities (politicians,
2. Examples/forms of prior restraint actors, anyone with a connection to a newsworthy event),
1. movie censorship opinions can be aired regarding their public actuations. 
2. judicial prior restraint = injunction against Comment on their private lives, if not germane to their public
publication personae, are not protected.
3. license taxes based on gross receipts for the  2.      OBSCENITY
privilege of engaging in the business of advertising A. Test for obscenity (Miller v. California)
in any newspaper 1. Whether the average person, applying contemporary
4. flat license fees for the privilege of selling community standards would find that the work, taken as a
religious books whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently
offensive way, sexual conduct, specifically defined by law.
 3. Whether the work, taken as a whole, lacks serious literary, 1. It must have a secular legislative purpose;
artistic, political or scientific value. 2. It must have a primary effect that neither advances nor
inhibits religion;
B. Procedure for seizure of allegedly obscene publications 3. It must not require excessive entanglement with recipient
1. Authorities must apply for issuance of search warrant. institutions.
2. Court must be convinced that the materials are obscene. 
Apply clear and present danger test. Sec. 6.  The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful
C. Judge will determine whether they are in fact “obscene”. order of the court.  Neither shall the right to travel be impaired except
in the interest of national security, public safety or public health, as
D. Judge will issue a search warrant. may be provided by law.
 
E. Proper action should be filed under Art. 201 of the RPC. Rights guaranteed under Section 6:
1. Freedom to choose and change one’s place of abode.
F. Conviction is subject to appeal. 2. Freedom to travel within the country and outside.
 
Right of Assembly and Petition Curtailment of rights:
- The standards for allowable impairment of speech and press
also apply to the right of assembly and petition. RIGHT MANNER OF CURTAILMENT
1. Liberty of abode Lawful order of the court and
Rules on assembly in public places: within the limits prescribed by
- Applicant should inform the licensing authority of the date, the law.
public place where and the time when the assembly will take 2. Right to travel May be curtailed even by
place. administrative officers (ex.
- The application should be filed ahead of time to enable the passport officers) in the interest
public official concerned to appraise whether there are valid of national security, public
objections to the grant of the permit or to its grant, but in safety, or public health, as may
another public place.  The grant or refusal should be based on be provided by law.
the application of the Clear and Present Danger Test.
- If the public authority is of the view that there is an imminent Note:  The right to travel and the liberty of abode are distinct from the
and grave danger of a substantive evil, the applicants must be right to return to one’s country, as shown by the fact that the
heard on the matter. Declaration of Human Rights and the Covenant on Human Rights
- The decision of the public authority, whether favorable or have separate guarantees for these.  Hence, the right to return to
adverse, must be transmitted to the applicants at the earliest one’s country is not covered by the specific right to travel and liberty
opportunity so that they may, if they so desire, have recourse of abode.  (Marcos v. Manglapus)
to the proper judicial authority.
Sec. 7.  The right of the people to information on matters of public
Rules on assembly in private properties: concern shall be recognized.
Only the consent of the owner of the property or person entitled to  
possession thereof is required. Rights guaranteed under Section 7
1. Right to information on matters of public concern
Sec. 5.  No law shall be made respecting an establishment of 2. Right of access to official records and documents
religion, or prohibiting the free exercise thereof.  The free exercise
and enjoyment of religious profession and worship, without Persons entitled to the above rights
discrimination or preference, shall forever be allowed.  No religious Only Filipino citizens.
test shall be required for the exercise of civil or political rights.
  Discretion of government
Clauses under Section 5 The government has discretion with respect to the authority to
1. Non-establishment clause determine what matters are of public concern and the authority to
2. Free exercise of Religion determine the manner of access to them.

Distinction between the clauses (School District v. Schempp, 374 US Recognized restrictions on the right of the people to information:
203) 1. National security matters
1. The non-establishment clause does not depend upon any 2. Intelligence information
showing of direct governmental compulsion.  It is violated by 3. Trade secrets
the enactment of laws which establish an official religion 4. Banking transactions
whether those laws operate directly to coerce non-observing 5. Diplomatic correspondence
individuals or not.  The test of compliance with the non- 6. Executive sessions
establishment clause can be stated as follows: What are the 7. Closed door cabinet meetings
purposes and primary effect of the enactment?  If either is 8. Supreme Court deliberations
the advancement or inhibition of religion, the law violates the
non-establishment clause.  Thus, in order for a law to comply Sec. 8.  The right of the people, including those employed in the
with the non-establishment clause, two requisites must be public and private sectors, to form unions, associations, or societies
met.  First, it has a secular legislative purpose.  Second, its for purposes not contrary to law, shall not be abridged.
primary effect neither advances nor inhibits religion.
1. The free exercise of religion clause withdraws from The right to form associations shall not be impaired without due
legislative power the exertion of any restraint on the free process of law and is thus an aspect of the right of liberty.  It is also
exercise of religion.  In order to show a violation of this an aspect of the freedom of contract.  In addition, insofar as the
clause, the person affected must show the coercive effect of associations may have for their object the advancement of beliefs
the legislation as it operates against him in the practice of his and ideas, the freedom of association is an aspect of the freedom of
religion.  While the freedom to believe (non-establishment) is speech and expression, subject to the same limitation.
absolute, the moment such belief flows over into action, it
becomes subject to government regulation. The right also covers the right not to join an association.

Requisites for government aid to be allowable:

Government employees have the right to form unions.  They also
have the right to strike, unless there is a statutory ban on them.
Sec. 9.  Private property shall not be taken for public use without just
compensation.
Who can exercise the power of eminent domain:
1)      The national government
1. Congress
2. Executive, pursuant to legislation enacted by Congress
2)      Local government units, pursuant to an ordinance enacted by
their respective  legislative bodies (under LGC)
3)      Public utilities, as may be delegated by law.
When is the exercise of the power of eminent domain necessary?
- It is only necessary when the owner does not want or opposes
the sale of his property.  Thus, if a valid contract exists between the
government and the owner, the government cannot exercise the
power of eminent domain as a substitute to the enforcement of the
contract.
Elements of the power of eminent domain
1)      There is a TAKING of private property
2)      Taking is for PUBLIC USE
3)      Payment of JUST COMPENSATION
“TAKING”
 
A.  Elements:  CODE:  E P A P O
1. The expropriator enters the property
2. The entrance must not be for a momentary period, i.e., it
must be permanent
3. Entry is made under warrant or color of legal authority
4. Property is devoted to public use
5. Utilization of the property must be in such a way as to oust
the owner and deprive him of the beneficial enjoyment of his
property.
B.  Compensable taking does not need to involve all the property
interests which form part of the right of ownership.  When one or
more of the property rights are appropriated and applied to a public
purpose, there is already a compensable taking, even if bare title still
remains with the owner.
“PUBLIC USE”
1. Public use, for purposes of expropriation, is synonymous
with public welfare as the latter term is used in the concept of
police power.
Examples of public use include land reform and socialized
housing.
“JUST COMPENSATION”
1. Compensation is just if the owner receives a sum
equivalent to the market value of his property.  Market value
is generally defined as the fair value of the property as
between one who desires to purchase and one who desires
to sell.
2. The point of reference use in determining fair value is the
value at the time the property was taken.  Thus, future
potential use of the land is not considered in computing just
compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the “public use” character of the taking.  tree.
However, if the expropriation is pursuant to a specific law
passed by Congress, the courts cannot question the public
use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property,
that is, property acquired by the municipality with its private funds in
its corporate or private capacity.  However, if it is any other property
such a public buildings 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.
Point of reference for valuating a piece of property:
General rule:  The value must be that as of the time of the filing of
the complaint for expropriation.
Exception:  When the filing of the case comes later than the time of
taking and meanwhile the value of the property has increased
because of the use to which the expropriator has put it, the value is
that of the time of the earlier taking.  BUT if the value increased
independently of what the expropriator did, then the value is that of
the latter filing of the case.
Sec. 10.  No law impairing the obligation of contracts shall be
passed.
When does a law impair the obligation of contracts:
1)      If it changes the terms and conditions of a legal contract either
as to the time or mode of performance
2)      If it imposes new conditions or dispenses with those expressed
3)      If it authorizes for its satisfaction something different from that
provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not
change the substance of the contract, and which still leaves an
efficacious remedy for enforcement does NOT impair the obligation
of contracts.
A valid exercise of police power is superior to obligation of contracts.
Sec. 12.  Rights of person under investigation for the commission of
an offense.
Rights of person under investigation for the Commission of an
offense CODE:  SCISI
1)      Right to remain silent
2)      Right to have competent and independent counsel, preferably
of his own choice
3)      Right to provided with the services of counsel if he cannot
afford the services of one.
4)      Right to be informed of these rights.
When rights are available:
1)      AFTER a person has been taken into custody or
2)      When a person is otherwise deprived of his freedom of action
in any significant way.
3)      When the investigation is being conducted by the government
(police, DOJ, NBI) with respect to a criminal offense.
4)      Signing of arrest reports and booking sheets.
When rights are not available:
1)      During a police line-up.  Exception:  Once there is a move
among the investigators to elicit admissions or confessions from the
suspect.
2)      During administrative investigations.
3)      Confessions made by an accused at the time he voluntarily
surrendered to the police or outside the context of a formal
investigation.
4)      Statements made to a private person.
Exclusionary rule
1)      Any confession or admission obtained in violation of this
section shall be inadmissible in evidence against him (the accused).
2)      Therefore, any evidence obtained by virtue of an illegally
obtained confession is also inadmissible, being the fruit of a poisoned
Requisites of valid waiver:
1)      Waiver should be made in WRITING
2)      Waiver should be made in the PRESENCE OF COUNSEL.
Sec. 13.  Right to bail
Who are entitled to bail:
1)      All persons ACTUALLY DETAINED
2)      shall, BEFORE CONVICTION
3)      Be entitled to bail.
Who are not entitled to bail:
1)        Persons charged with offenses PUNISHABLE by
RECLUSION PERPETUA or DEATH, when evidence of guilt is
strong
2)        Persons CONVICTED by the trial court.  Bail is only
discretionary pending appeal.
3)        Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
1)      The right to bail shall NOT be impaired even when the privilege
of the writ of habeas corpus is suspended.
2)      Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1)      Ability to post bail
2)      Nature of the offense
3)      Penalty imposed by law
4)      Character and reputation of the accused
5)      Health of the accused
6)      Strength of the evidence
7)      Probability of appearing at the trial
8)      Forfeiture of previous bail bonds
9)      Whether accused was a fugitive from justice when arrested
10)  If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or
custody of the law.
2. The constitutional right is available only in criminal cases,
not, e.g. in deportation proceedings.
Note:  ACCUSATION AGAINST HIM”
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty
through recognizance.
Sec. 14. Rights of an accused
Rights of a person charged with a criminal offense
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and cause of the
accusation against him
5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the
attendance of witnesses and the production of evidence in
his behalf
 
“DUE PROCESS”
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 procedure.
“PRESUMPTION OF INNOCENCE”
The Constitution does not prohibit the legislature from providing that
proof of certain facts leads to a prima facie presumption of guilt,
provided that the facts proved have a reasonable connection to the
ultimate fact presumed.
Presumption of guilt should not be conclusive.
“RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”
The right to be heard includes the following rights:
1. Right to be present at the trial
- The right to be present covers the period from
ARRAIGNMENT to PROMULGATION of sentence.
- After arraignment, trial may proceed notwithstanding absence
of accused, provided 2 requisites are met. Note, that trial in
absentia is allowed only if the accused has been validly arraigned.
(i)   Accused has been duly notified; and
(ii)  His failure to appear is unjustifiable.
- The accused may waive the right to be present at the trial by
not showing up. However, the court can still compel the
attendance of the accused if necessary for identification purposes.
Exception: If the accused, after arraignment, has stipulated that he
is indeed the person charged with the offense and named in the
information, and that any time a witness refers to a name by which
he is known, the witness is to be understood as referring to him.
- While the accused is entitled to be present during promulgation
of judgement, the absence of his counsel during such
promulgation does not affect its validity.
2.  Right to counsel
(a)    Right to counsel means the right to EFFECTIVE
REPRESENTATION.
(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
(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 must be appointed
(iv) If the accused desires to obtain his own counsel, the court must
give him a reasonable time to get one.
3.  Right to an impartial judge
4.  Right of confrontation and cross-examination
5.  Right to compulsory process to secure the attendance of
witnesses
“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
Purposes of the right:
1)      To furnish the accused with a description of the charge against
him as will enable him to make his defenses
2)      To avail himself of his conviction or acquittal against a further
prosecution for the same cause
3)      To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense,
the accused cannot be convicted thereof even if the prosecution is
able to present evidence during the trial with respect to such
elements.
The real nature of the crime charged is determined from the recital of
facts in the information. It is not determined based on the caption or
preamble thereof nor from the specification of the provision of law
allegedly violated
“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”
Factors used in determining whether the right to a speedy trial has
been violated.
1)      Time expired from the filing of the information
2)      Length of delay involved
3)      Reasons for the delay
4)      Assertion or non-assertion of the right by the accused
5)      Prejudice caused to the defendant.
Effect of dismissal based on the ground of violation of the accused’s
right to speedy trial
If the dismissal is valid, it amounts to an acquittal and can be used as
basis to claim double jeopardy. This would be the effect even if the
dismissal was made with the consent of the accused
Remedy of the accused if his right to speedy trial has been violated
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 corpus.
Definition of impartial trial
The accused is entitled to the “cold neutrality of an impartial judge”.
It is an element of due process.
Definition of public trial
The attendance at the trial is open to all irrespective of their
relationship to the accused.  However, if the evidence to be adduced
is “offensive to 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 conducted on Saturdays, either with the consent of the accused
or if failed to object thereto.
“RIGHT TO MEET WITNESS FACE TO FACE”
Purposes of the right:
1. To afford the accused an opportunity to cross-examine the
witness
2. To allow the judge the opportunity to observe the
deportment of the witness
Failure of the accused to cross-examine a witness
If the failure of the accused to cross-examine a witness is due to his
own fault or was not due to the fault of the prosecution, the testimony
of the witness should be excluded.
When the right to cross-examine is demandable
It is demandable only during trials. Thus, it cannot be availed of
during preliminary investigations.
Principal exceptions to the right of confrontation
1. The admissibility of “dying declarations”
2. Trial in absentia under Section 14(2)
3. With respect to child testimony
Sec 16.  All persons shall have the right to a speedy disposition of
their cases before all judicial, quasi-judicial, or administrative bodies.
Distinction between Section 14 and Section 16
While the rights of an accused only apply to the trial phase of criminal
cases, the right to a speedy disposition of cases covers ALL phases
of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings.
Sec. 17.  No person shall be compelled to be a witness against
himself.
When is a question incriminating:
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 evidence to prove the commission of a crime by the
accused or the witness.
Distinction between an accused and an ordinary witness
1. An accused can refuse to take the witness stand by
invoking the right against self-incrimination.
2. An ordinary witness cannot refuse to take the stand.  He
can only refuse to answer specific questions which would
incriminate him in the commission of an offense.
Scope of right
1. What is PROHIBITED is the use of physical or moral
compulsion to extort communication from the witness or to
otherwise elicit evidence which would not exist were it not for
the actions compelled from the witness.
2. The right does NOT PROHIBIT            the examination of
the body of the accused or the use of findings with respect to
his body as physical evidence.  Hence, the fingerprinting of
an accused would not violate the right against self-
incrimination.  However, obtaining a sample of the
handwriting of the accused would violate this right if he is
charged for falsification.
3. The accused cannot be compelled to produce a private
document in his possession which might tend to incriminate
him.  However, a third person in custody of the document
may be compelled to produce it.
When the right can be invoked:
1. In criminal cases
2. In administrative proceedings if the accused is liable to a
penalty (Ex. Forfeiture of property)
Who can invoke the right:
Only natural persons.  Judicial persons are subject to the visitorial
powers of the state in order to determine compliance with the
conditions of the charter granted to them.
Sec. 18.  Right against involuntary servitude
Definition of involuntary servitude
It is every condition of enforced or compulsory service of one to
another no matter under what form such servitude may be disguised.
Exceptions:
1. Punishment for a crime for which the party has been duly
convicted
2. Personal military or civil service in the interest of national
defense
3. Return to work order issued by the DOLE Secretary or the
President
Sec. 19.  Prohibition against cruel, degrading and inhuman
punishment
When is a penalty “cruel, degrading and inhuman”?
1. A penalty is cruel and inhuman if it involves torture or
lingering suffering.  Ex. Being drawn and quartered.
2. A penalty is degrading if it exposes a person to public
humiliation.  Ex.  Being tarred and feathered, then paraded
throughout town.
Standards used:
1. The punishment must not be so severe as to be degrading
to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society
4. It must not be excessive, i.e. it must serve a penal purpose
more effectively than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstance, it is
disproportionate to the offense.
Note:  Fr. Bernas says that the accused cannot be convicted of the
crime to which the punishment is attached if the court finds that the
punishment is cruel, degrading or inhuman.
Reason:  Without a valid penalty, the law is not a penal law.
Sec. 20.  No person shall be imprisoned for debt or non-payment of a
poll tax.
Definition of debt under Section 20
1)      Debt refers to a CONTRACTUAL obligation, whether express
or implied, resulting in any liability to pay money.  Thus, all other
types of obligations are not within the scope of this prohibition.
2)      Thus, if an accused fails to pay the fine imposed upon him, this
may result in his subsidiary imprisonment because his liability is ex
delicto and not ex contractu.
3)      A FRAUDULENT debt may result in the imprisonment of the
debtor if:
1. The fraudulent debt constitutes a crime such as estafa and
2. The accused has been duly convicted.
Sec. 21.  No person shall be twice put in jeopardy of punishment for
the same offense.  If an act punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.
Requisites for a valid defense of double jeopardy:  CODE: ATS
1)      First jeopardy must have attached prior to the second.
2)      The first jeopardy must have terminated.
3)      The second jeopardy must be for the same offense as that in
the first.
When does jeopardy ATTACH:  (1st requisite) CODE:  CICAV
1)      A person is charged
2)      Under a complaint or information sufficient in form and
substance to sustain a conviction
3)      Before a court of competent jurisdiction
4)      After the person is arraigned
5)      Such person enters a valid plea.
When does jeopardy NOT attach:
1)  If information does not charge any offense
2)  If, upon pleading guilty, the accused presents evidence of
complete self-defense, and the court thereafter acquits him without
entering a new plea of not guilty for accused.
3) If the information for an offense cognizable by the RTC is filed with
the MTC.
4)  If a complaint filed for preliminary investigation is dismissed.
When does first jeopardy TERMINATE:  (2ND REQUISITE)
1)      Acquittal
2)      Conviction
3)      Dismissal W/O the EXPRESS consent of the accused
4)      Dismissal on the merits.
Examples of termination of jeopardy:
1)       Dismissal based on violation of the right to a speedy trial.  This
amounts to an acquittal.
2)       Dismissal based on a demurrer to evidence.  This is a
dismissal on the merits.
3)       Dismissal on motion of the prosecution, subsequent to a
motion for reinvestigation filed by the accused.
4)       Discharge of an accused to be a state witness.  This amounts
to an acquittal.
When can the PROSECUTION  appeal from an order of dismissal:
1)      If dismissal is on motion of the accused.  Exception:  If motion
is based on violation of the right to a speedy trial or on a demurrer to
evidence.
2)      If dismissal does NOT amount to an acquittal or dismissal on
the merits
3)      If the question to be passed upon is purely legal.
4)      If the dismissal violates the right of due process of the
prosecution.
5)      If the dismissal was made with grave abuse of discretion.
What are considered to be the “SAME OFFENSE”:  (under the 1st
sentence of Section 21)
1)      Exact identity between the offenses charged in the first and
second cases.
2)      One offense is an attempt to commit or a frustration of the other
offense.
3)      One offense is necessarily included or necessary includes the
other.
Note:  where a single act results in the violation of different laws or
different provisions of the same law, the prosecution for one will not
bar the other so long as none of the exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and
the ordinance are the same.  For there to be double jeopardy, it is not
necessary that the offense be the same.
SUPERVENING FACTS
1)      Under the Rules of Court, a conviction for an offense will not
bar a prosecution for an offense which necessarily includes the
offense charged in the former information where:
1. The graver offense developed due to a supervening fact
arising from the same act or omission constituting the former
charge.
2. The facts constituting the graver offense became known or
were discovered only after the filing of the former
information.
3. The plea of guilty to the lesser offense was made without
the consent of the fiscal and the offended party.
2)      Under (1)(b), if the facts could have been discovered by the
prosecution but were not discovered because of the prosecution’s
incompetence, it would not be considered a supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead
double jeopardy.  The whole case will be open to review by the
appellate court.  Such court may even increase the penalties
imposed on the accused by the trial court.
Sec. 22.  No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1)       One which makes an action done before the passing of the
law, and which was innocent when done, criminal, and punishes
such action.
2)       One which aggravates the crime or makes it greater than when
it was committed.
3)       One which changes the punishment and inflicts a greater
punishment than that which the law annexed to the crime when it
was committed.
4)       One which alters the legal rules of evidence and receives less
testimony than the law required at the time of the commission of the
offense in order to convict the accused.
5)       One which assumes to regulate civil rights and remedies only
BUT, in effect, imposes a penalty or deprivation of a right, which,
when done, was lawful.
6)       One which deprives a person accused of a crime of some
lawful protection to which he has become entitled such as the
protection of a former conviction or acquittal, or a proclamation of
amnesty.
Note:  The prohibition on ex post facto laws only applies to
retrospective PENAL laws.
Definition of BILL OF ATTAINDER
1)      A bill of attainder is a LEGISLATIVE act which inflicts
punishment W/O JUDICIAL trial.
2)      The bill of attainder does not need to be directed at a
specifically named person.  It may also refer to easily ascertainable
members of a group in such a way as to inflict punishment on them
without judicial trial.
3)      Elements of the bill of attainder
1. There must be a LAW.
2. The law imposes a PENAL burden on a NAMED
INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a
GROUP.
3. The penal burden is imposed DIRECTLY by the LAW W/O
JUDICIAL trial.
ARTICLE IV – CITIZENSHIP
 
Who are citizens of the Philippines?
1)      Those who are citizens of the Philippines at the time of the
adoption of the 1987 Constitution
2)      Those whose fathers or mothers are citizens of the Philippines.
3)      Those born before January 17, 1973 of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority.
4)      Those who are naturalized in accordance with law.
Modes of acquiring citizenship:
1)      Jus Soli – acquisition of citizenship on the basis of place of
birth
2)      Jus Sanguinis – acquisition of citizenship on the basis of blood
relationship
3)      Naturalization – the legal act of adopting an alien and clothing
him with the privilege of a native-born citizen.
Note:  The Philippines follows (2) and (3)
Election of citizenship under the 1987 Constitution:
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 upon reaching the age of majority.  Under the
1973 Constitution, however, children born of Filipino mothers were
already considered Filipinos. 
Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the
1935 Constitution.  In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their
marriage.  So, if your mother was a Filipina who married an alien
under the 1935 constitution and you were born before January 17,
1973, you can elect Filipino citizenship upon reaching the age of 3)      Insane or feeble-minded persons.
majority.  
Note:  Under the 2nd disqualification, the right to vote is automatically
When must the election be made: re-acquired upon the expiration of 5 years after the service of
The election must be made within a reasonable period after reaching sentence.
the age of majority.
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Effects of naturalization:
1)      The legitimate minor children of the naturalized father become Sec. 1.  The legislative power shall be vested in the Congress of the
Filipinos as well. Philippines, which shall consist of a Senate and a House of
2)      The wife also becomes a Filipino citizen, provided that she Representatives, except to the extent reserved to the people by the
does not have any disqualification which would bar her from being provision on initiative and referendum.
naturalized.  
Definition of Legislative Power:
Natural-born citizens: The authority to make laws and to alter or repeal them.
1)      Citizens of the Philippines from birth who do not need to Classification of legislative power: (O De CO)
perform any act to acquire or perfect their Philippine citizenship. 1. Original – Possessed by the people in their sovereign
2)      Those who elect Philippine citizenship under Art. IV, Sec. 1(3) capacity
of 1987 Constitution. 2. Delegated – Possessed by Congress and other legislative
bodies by virtue of the Constitution
Marriage of Filipino with an alien: 3. Constituent – The power to amend or revise the
1)      General Rule:  The Filipino RETAINS Philippine citizenship Constitution
2)      Exception:  If, by their act or omission they are deemed, 4. Ordinary – The power to pass ordinary laws
under the law, to have renounced it. Note:
The original legislative power of the people is exercised via initiative
Examples of renunciation of Philippine citizenship: and referendum.  In this manner, people can directly propose and
1)      Voluntarily obtaining foreign passport enact laws, or approve or reject any act or law passed by Congress
2)      Pledging allegiance to another country (ex. by becoming a or a local government unit.
naturalized citizen of another country)  
Limits on the legislative power of Congress:
Re-acquisition of citizenship 1. Substantive – limitations on the content of laws. E.g. no law
Natural-born Filipinos who are deemed to have lost their citizenship shall be passed establishing a state religion.
may re-acquire the same via repatriation proceedings.  This involves 1. Procedural – limitations on the manner of passing laws.
taking an oath of allegiance and filing the same with the civil registry. E.g. generally a bill must go through three readings on three
separate days.
How may one lose citizenship: Note:
1. By naturalization in a foreign country Provided that these two limitations are not exceeded, Congress’
2. By express renunciation of citizenship legislative power is plenary.
3. By subscribing oath or allegiance to a foreign Constitution  
4. By serving in the armed forces of an enemy country Corollaries of legislative power:
5. By being a deserter of the armed forces of one’s country 1. Congress cannot pass irrepealable laws.  Since Congress’
powers are plenary, and limited only by the Constitution, any
How may one reacquire citizenship: attempt to limit the powers of future Congresses via an
1. By direct act of Congress irrepealable law is not allowed.
2. By naturalization 1. Congress, as a general rule, cannot delegate its legislative
3. By repatriation power.  Since the people have already delegated legislative
power to Congress, the latter cannot delegate it any further.
ARTICLE V – SUFFRAGE EXCEPTIONS:
  1. Delegation of legislative power to local government units;
Qualifications:                                                CODE:  CD18RR 2. Instances when the Constitution itself allows for such
1)      Citizen of the Philippines delegation [see Art. VI Sec. 23(2)]
2)      Not Disqualified by law
3)      At least 18 years old What may Congress delegate:
4)      Resident of the Philippines for at least 1 year Congress can only delegate, usually to administrative agencies,
5)      Resident of the place wherein he/she proposes to vote for at RULE-MAKING POWER or LAW EXECUTION.  This involves either
least 6 months immediately preceding the election. of two tasks for the administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
Note:  NO literacy, property or other substantive requirement can be 2. Ascertaining the facts necessary to bring a “contingent” law
imposed on the exercise of suffrage. or provision into actual operation.
 
Residency requirement Sec. 2-4.  SENATE
Residency, under Article V has 2 senses:
1.  DOMICILE – This is in reference to the 1 year residency Composition
requirement in the Philippines. 24 senators who shall be elected at large by the qualified voters of
2.  TEMPORARY RESIDENCE – This is in reference to the 6 month the Philippines, as may be provided by law.
residency requirement in the place where one wants to vote.  In this
case, residence can either mean domicile or temporary residence. Qualifications
  1. Natural-born citizen;
Disqualifications: 2. At least 35 years old on the day of election;
1)      Any person sentenced by final judgment to imprisonment of not 3. Able to read and write;
less than 1 year, which disability has not been removed by plenary 4. A registered voter; and
pardon. 5. Philippine resident for at least 2 years immediately
2)      Any person adjudged by final judgment of having violated his preceding the day of the election.
allegiance to the Republic of the Philippines.
Note:  The qualifications of both Senators and Members of the House
are limited to those provided by the Constitution.  Congress cannot,
by law, add or subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30
June next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall
not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Sec. 5-7.  HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law;
and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned
among the provinces, cities and the Metropolitan Manila
area.
2. Legislative districts are apportioned in accordance with the
number of inhabitants of each area and on the basis of a
uniform and progressive ratio.
1. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to
at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress
within 3 years after the return of each census.  According to
Jack, however, while the apportionment of districts is NOT a
political question, the judiciary CANNOT compel Congress to
do this.
5. The standards used to determine the apportionment of
legislative districts is meant to prevent ‘gerrymandering’,
which is the formation of a legislative district out of separate
territories so as to favor a particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately
preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term of
three (3) years which shall commence (unless otherwise
provided for by law) at noon on 30 June next following their
election.
2. Voluntary renunciation of office for any length of time shall
not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more
than three (3) consecutive terms.
Distinctions between Term and Tenure
Definition
Terms means the period during which the elected officer is legally
authorized to assume his office and exercise the powers
thereof.
Tenure is the actual period during which such officer actually
holds his position.
Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited.  Thus, a
provision which considers an elective office automatically
vacated when the holder thereof files a certificate of
candidacy for another elective office (except President and
Vice-President) is valid, as it only affects the officers tenure
and NOT his constitutional term.
Party-List Representatives
- Constitute 20% of the total number of representatives,
including those under the party-list system (thus a maximum of
50 party-list members of the House)
- However, for 3 consecutive terms from 2 February 1987 (i.e.,
the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted
to sectoral representatives.  Under Art. XVIII, Sec. 7, the
sectoral representatives are to be appointed by the President
until legislation otherwise provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of
candidates in order of priority.
2. During the elections, these organizations are
voted for at large.
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.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
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 by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the
unexpired term.  
Sec. 10.  Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives
shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the
EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE
MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution ‘provides for rules on “salaries” and not
on ‘emoluments,’ our distinguished legislators can appropriate for
themselves other sums of money such as travel allowances, as well
as other side ‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES
1.)    Immunity from arrest:
1. Legislators are privileged from arrest while Congress is “in
session” with respect to offenses punishable by up to 6 years
of imprisonment.  Thus, whether Congress is in regular or
special session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to
prosecution for criminal offenses.
2.)    Legislative privilege:
- No member shall be questioned or held liable in any forum other
than his/her respective Congressional body for any debate or speech
in the Congress or in any Committee thereof.
Limitation on the privilege:
(i)    Protection is only against forum other than Congress itself.  Thus
for inflammatory remarks which are otherwise privileged, a member
may be sanctioned by either the Senate or the House as the case
may be.
(ii)    The ‘speech or debate’ must be made in performance of their 2. A smaller number may adjourn from day to day and may
duties as members of Congress.  This includes speeches delivered, compel the attendance of absent members.
statements made, votes cast, as well as bills introduced, and other 3. In computing a quorum, members who are outside the
activities done in performance of their official duties. country and thus outside of each House’s coercive
(iii)   Congress need NOT be in session when the utterance is made, jurisdiction are not included.
as long as it forms part of ‘legislative action,’ i.e. part of the
deliberative and communicative process used to participate in Internal Rules:
legislative proceedings in consideration of proposed legislation or 1. Each House shall determine its own procedural rules.
with respect to other matters with Congress’ jurisdiction. 2. Since this is a power vested in Congress as part of its
inherent powers, under the principle of separation of powers,
Sec. 12.  All Members of the Senate and the House of the courts cannot intervene in the implementation of these
Representatives shall, upon assumption of office, make a full rules insofar as they affect the members of Congress.
disclosure of their financial and business interests.  They shall notify 3. Also, since Congress has the power to make these rules, it
the House concerned of a potential conflict of interest that may arise also has the power to ignore them when circumstances so
from the filing of a proposed legislation of which they are authors. require.
 
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Discipline:
1.)    Suspension
Disqualifications: 1. Concurrence of 2/3 of ALL its members and
DISQUALIFICATION WHEN APPLICABLE 2. Shall not exceed 60 days.
1. Senator/Member of the House During his term. If he does so, 2.)    Expulsion
cannot hold any other office or he forfeits his seat. 1. Concurrence of 2/3 of ALL its members.
employment in the
Government or any subdivision, Congressional Journals and Records:
agency or Instrumentality 1.)    The Journal is conclusive upon the courts.
thereof, including GOCCS or 2.)    BUT an enrolled bill prevails over the contents of the Journal.
their subsidiaries. 3.)    An enrolled bill is the official copy of approved legislation and
2. Legislators cannot be IF the office was created or the bears the certifications of the presiding officers of each House.  Thus
appointed to any office. emoluments thereof increased where the certifications are valid and are not withdrawn, the contents
during the term for which he was of the enrolled bill are conclusive upon the courts as regards the
elected. provision of that particular bill.
3. Legislators cannot personally During his term of office.
appear as counsel before any Adjournments:
court of justice, electoral tribunal, 1.)    Neither House can adjourn for more than 3 days during the time
quasi-judicial and Congress is in session without the consent of the other House.
administrative bodies. 2.)    Neither can they adjourn to any other place than that where the
4. Legislators cannot be During his term of office. two houses are sitting, without the consent of the other.
financially interested directly or
indirectly in any contract with or Sec. 17: THE ELECTORAL TRIBUNAL
in any franchise, or special
privilege granted by the The Senate and the House shall each have an Electoral Tribunal
Government, or any subdivision, which shall be composed of:
agency or instrumentality 1. 3 Supreme Court Justices to be designated by the Chief
thereof, including any GOCC or Justice; &
its subsidiary. 2. 6 Members of the Senate or House, as the case may be.
5. Legislators cannot intervene in When it is for his pecuniary The senior Justice in the Electoral Tribunal shall be its Chairman.
any matter before any office of benefit or where he may be Note: The congressional members of the ET’s shall be chosen on the
the government. called upon to act on account of basis of proportional representation from the political parties and
his office. party-list organizations.

  Jurisdiction:
Sec. 15: REGULAR AND SPECIAL SESSIONS 1.)    Each ET shall be the sole judge of all CONTESTS relating to
the election, returns, and qualifications of their respective members. 
Regular Sessions: This includes determining the validity or invalidity of a proclamation
1.)    Congress convenes once every year on the 4 th Monday of July declaring a particular candidate as the winner.
(unless otherwise provided for by law) 2.)    An ‘election contest’ is one where a defeated candidate
2.)    Continues in session for as long as it sees fit, until 30 days challenges the qualification and claims for himself the seat of a
before the opening of the next regular session, excluding Saturdays, proclaimed winner.
Sundays, and legal holidays. 3.)    In the absence of an election contest, the ET is without
jurisdiction.  However, the power of each House to expel its own
Special Sessions: members or even to defer their oath-taking until their qualifications
Called by the President at any time when Congress is not in session. are determined may still be exercised even without an election
contest.
Sec. 16.  Officers:
1.)    Senate President; Issues regarding the Electoral Tribunals:
2.)    Speaker of the House; and 1.)    Since the ET’s are independent constitutional bodies,
3.)    Each House may choose such other officers as it may deem independent even of the House from which the members are
necessary. respectively taken, neither Congress nor the Courts may interfere
with procedural matters relating to the functions of the ET’s, such as
Election of Officers the setting of deadlines or filing their election contests with the
By a majority vote of all respective members. respective ETs.
2.)    The ETs being independent bodies, its members may not be
Quorum to do business: arbitrarily removed from their positions in the tribunal by the parties
1. Majority of each House shall constitute a quorum. which they represent.  Neither may they be removed for not voting
according to party lines, since they are acting independently of
Congress.
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 filing of an election contest against them does not warrant
all of them from 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 House.  If all the legislator-
members of the ET were to be disqualified, the ET would not be able
to fulfill its constitutional functions.
4.)    Judicial review of decisions of the ETs may be had with the SC
only insofar as the decision or resolution was rendered without or in
excess of jurisdiction or with grave abuse of discretion constituting
denial of due process.
Sec. 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.)    Senate President as ex-officio chairman;
2.)    12 Senators; and
3.)    12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected on the
basis of proportional representation from the political parties and
party-list organizations.
Voting/Action
1.)    The chairman shall only vote in case of a tie.
2.)    The CA shall act on all appointments within 30 session days
from their submission to Congress.
3.)    The Commission shall rule by a majority vote of all the
Members.
Jurisdiction
1.)    CA shall confirm the appointments by the President with respect
to the following positions:
1. Heads of the Executive Departments (except if it is the
Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
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 Constitution (e.g. COMELEC members).
2.)    Congress CANNOT by law prescribe that the appointment of a
person 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 positions while Congress is not in session shall only be
effective until disapproval by the CA or until the next adjournment of
Congress.
Meetings of the CA
1.)    CA meets only while Congress is in session.
2.)    Meetings are held either at the call of the Chairman or a
majority of all its members.
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 of the judiciary.
Note:  The ET and the CA shall be constituted within 30 days after
the Senate and the House of Representative shall have been
organized with the election of the President and the Speaker.
Sec. 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct
inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending
legislation regarding the subject of the inquiry.  In fact,
investigation may be needed for purposes of proposing
future legislation.
3. If the stated purpose of the investigation is to determine the
existence of violations of the law, the investigation is no
longer ‘in aid of legislation’ but ‘in aid of prosecution’.  This
violates the principle of separation of powers and is beyond
the scope of congressional powers.
Enforcement:
- Since experience has shown that mere requests for information
does not usually work, Congress has the inherent power to
punish recalcitrant witnesses for contempt, and may have them
incarcerated until such time that they agree to testify.
- The continuance of such incarceration only subsists for the
lifetime, or term, of such body.  Once the body ceases to exist
after its final adjournment, the power to incarcerate ceases to
exist as well.  Thus, each ‘Congress’ of the House lasts for only
3 years.  But if one is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered terms, is a continuing
body.
- BUT, in order for a witness to be subject to this incarceration,
the primary requirement is that the inquiry is within the scope of
Congress’ powers. i.e. it is in aid of legislation.
- The materiality of a question is determined not by its
connection to any actually pending legislation, but by its
connection to the general scope of the inquiry.
- The power to punish for contempt is inherent in Congress and
this power is sui generis.  It cannot be exercised by local
government units unless they are expressly authorized to do
so.
Limitations:
- The inquiry must be conducted in accordance with the ‘duly
published rules of procedure’ of the House conducting the
inquiry; and
- The rights of persons appearing in or affected by such inquiries
shall be respected.  Ex. The right against self-incrimination.
Appearance by department heads before Congress:
- Since members of the executive department are co-equals with
those of the legislative department, under the principle of
separations of powers, department heads cannot be compelled
to appear before Congress.  Neither may the department
heads impose their appearance upon Congress.
- Department heads may appear before Congress in the
following instances.
- Upon their own initiative, with the consent of the President (and
that of the House concerned); or
- Upon the request of either House (which cannot compel them
to attend)
- The appearance will be conducted in EXECUTIVE SESSION
when:
1. Required by the security of state or required by public
interest; and
2. When the President so states in writing
Sec. 23-24.  DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement:  (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress
may, BY LAW, authorize the President to exercise powers
necessary and proper to carry out a declared national policy.
1. Limitations:
1. Powers will be exercised for a limited period only;
and
2. Powers will be subject to restrictions prescribed
by Congress
Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sec. 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section
24)    CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
 4. Bills authorizing the increase of public debt Every bill shall embrace only one (1) subject, as expressed in
5. Bills of local application the title thereof
6. Private bills i.          As a mandatory requirement
Note:  The Senate may, however, propose or concur with ii.         The title does not have to be a complete catalogue of
amendments. everything stated in the bill.  It is sufficient if the title expresses
the general subject of the bill and all the provisions of the statute
Appropriation bills are germane to that general subject.
1. The primary and specific aim of an appropriation bill is to iii.        A bill which repeals legislation regarding the subject
appropriate a sum of money from the public treasury. matter need not state in the title that it is repealing the latter. 
1. Thus, a bill enacting the budget is an appropriations bill. Thus, a repealing clause in the bill is considered germane to the
1. BUT:  A bill creating a new office, and appropriating funds subject matter of the bill.
therefor is NOT an appropriation bill.
1. Readings
Revenue Bill 1. In order to become a law, each bill must pass three (3)
1. A revenue bill is one specifically designed to raise money readings in both Houses.
or revenue through imposition or levy. 2. General rule: Each reading shall be held on separate days
1. Thus, a bill introducing a new tax is a revenue bill, but a & printed copies thereof in its final form shall be distributed to
provision in, for instance, the Videogram Regulatory Board its Members three (3) days before its passage.
law imposing a tax on video rentals does not make the law a 3. Exception:  If a bill is certified as urgent by the President as
revenue bill. to the necessity of its immediate enactment to meet a public
calamity or emergency, the 3 readings can be held on the
Bills of local application same day.
A bill of local application, such as one asking for the conversion of a 4. First reading – only the title is read; the bill is passed to the
municipality into a city, is deemed to have originated from the House proper committee
provided that the bill of the House was filed prior to the filing of the 5.
bill in the Senate even if, in the end, the Senate approved its own Second reading – Entire text is read and debates are held, and
version. amendments introduced.

Limitations: Third reading – only the title is read, no amendments are allowed. 
1. For appropriation bills: Vote shall be taken immediately thereafter and the yeas and nays
1. Congress cannot increase the appropriations entered in the journal.
recommended by the President for the operation of the
Government as specified in the budget. Veto power of President:
1. Each provision or enactment in the General Appropriations 1. Every bill, in order to become a law, must be presented to
Bill must relate specifically to some particular appropriation and signed by the President.
therein and any such provision or enactment must be limited 1. If the President does not approve of the bill, he shall veto
in its operation to the appropriation to which it relates. the same and return it with his objections to the House from
1. The procedure in approving appropriations for Congress which it originated.  The House shall enter the objections in
shall strictly follow the procedure for approving the Journal and proceed to reconsider it.
appropriations for other departments and agencies. 1. The President must communicate his decision to veto
1. A special appropriations bill must specify the purpose for within 30 days from the date of receipt thereof.  If he fails to
which it is intended and must be supported by funds actually do so, the bill shall become a law as if he signed it.
available as certified by the National Treasurer or to be 1. This rule eliminates the ‘pocket veto’ whereby the
raised by a corresponding revenue proposal therein. President would simply refuse to act on the bill.
 
Transfer of appropriations: 1. To OVERRIDE the veto, at least 2/3 of ALL the members
1. Rule:  No law shall be passed authorizing any transfer of of each House must agree to pass the bill.   In such case,
appropriations the veto is overriden and becomes a law without need of
2. BUT the following may, BY LAW, be authorized to presidential approval.
AUGMENT any item in the general appropriations law for 1. Item veto
their respective offices from savings in other items of their 1. The President may veto particular items in an
respective appropriations appropriation, revenue or tariff bill.
-          President 1. This veto will not affect items to which he does not object.
-          President of the Senate 1. Definition of item
-          Speaker of the House of Representatives TYPE OF BILL                                                        ITEM
-          Chief of Justice of the Supreme Court 1.  Revenue/tax bill         -  Subject of the tax and the tax rate
-          Heads of the Constitutional Commissions imposed thereon
2.  Appropriations bill          -  Indivisible sum dedicated to a stated
 Discretionary funds appropriated for particular officials shall purpose
be:
1. Disbursed only for public purposes; Veto of RIDER
2. Should be supported by appropriate vouchers; 1. A rider is a provision which does not relate to a particular
and appropriation stated in the bill.
3. Subject to guidelines as may be prescribed by 2. Since it is an invalid provision under Section 25(2), the
law. President may veto it as an item.
 If Congress fails to pass General Appropriations Bill (GAB)
by the end of any fiscal year: Specific limitations on legislation
i.  The GAB for the previous year is deemed reenacted 1. No law shall be enacted increasing the Supreme Court’s
ii.  It will remain in full force and effect until the GAB is passed appellate jurisdiction without the SC’s advice and
by Congress. concurrence.
- For law granting tax exemption 1. No law shall be enacted granting titles of royalty or nobility.
It should be passed with the concurrence of a MAJORITY of ALL the
members of Congress. Sec. 28.  POWER TO TAX
- For bills in general
Limitations:
1)      The rule of taxation should be UNIFORM
2)      It should be EQUITABLE
3)      Congress should evolve a PROGRESSIVE system of taxation.
4)      The power to tax must be exercised for a public purpose
because the power exists for the general welfare
5)      The due process and equal protection clauses of the
Constitution should be observed.
Delegation of power to fix rates
1)      Congress may, BY LAW, authorize the President to fix the
following:
a)      Tariff rates
b)      Import and Export Quotas
c)      Tonnage and wharfage dues
d)     Other duties and imposts
Within the framework of the national development program of the
Government
2)      The exercise of such power by the President shall be within the
specified limits fixed by Congress and subject to such limitations and
restrictions as it may impose.
Constitutional tax exemptions:
1)      The following properties are exempt from REAL PROPERTY
taxes
(CODE: Cha Chu M- CA)
a)      Charitable institutions
b)      Churches, and parsonages or convents appurtenant thereto
c)      Mosques
d)     Non-profit cemeteries; and
e)      All lands, buildings and improvements actually, directly and
exclusively used for religious, charitable, or educational purposes.
2)      All revenues and assets of NON-STOCK NON-PROFIT
EDUCATIONAL institutions are exempt from taxes and duties
PROVIDED that such revenues and assets are actually, directly and
exclusively used for educational purposes.  (Art. XIV Sec 4 (3))
3)      Grants, endowments, donations or contributions used actually,
directly and exclusively for educational purposes shall be exempt
from tax.  This is subject to conditions prescribed by law.  (Art. XIV.
Sec 4 (4))
Sec. 29.  Power of the Purse
1)      No money shall be paid out of the National Treasury EXCEPT
in pursuance of an appropriation made by law.
a)      This places the control of public funds in the hands of
Congress.
b)      BUT:  This rule does not prohibit continuing appropriations. e.g.
for debt servicing.  This is because the rule does not require yearly,
or annual appropriation.
2)      Limitations.
a)  Appropriations must be for a PUBLIC PURPOSE
b)   Cannot appropriate public funds or property, directly or
indirectly, in favor of
(i)  Any sect, church, denomination, or sectarian institution or
system of religion or
(ii) Any priest, preacher, minister, or other religious teacher
or dignitary as such.
EXCEPT if the priest, etc is assigned to:
-          the Armed Forces; or
-          any penal institution; or
-          government orphanage; or
-          leprosarium
c)      BUT the government is not prohibited from appropriating
money for a valid secular purpose, even if it incidentally benefits
a religion, e.g. appropriations for a national police force is valid
even if the police also protects the safety of clergymen.
d)     ALSO, the temporary use of public property for religious
purposes is valid, as long as the property is available for all
religions
3)      Special Funds
a)      Money collected on a tax levied for a special purpose shall
be treated as a special fund and paid out for such purpose only.
b)      Once the special purpose is fulfilled or abandoned, any
balance shall be transferred to the general funds of the
Government
Sec. 32.  INITIATIVE AND REFERENDUM
1)   Through the system of initiative and referendum, the people can
directly propose and enact laws or approve or reject any act or law or
part thereof passed by the Congress or local legislative body.
2)   Required Petition
a)   Should be signed by at least 10% of the total number of
registered voters
b)   Every legislative district should be represented by at least 3%
of the registered voters
c)   Petition should be registered
ARTICLE VII.  THE EXECUTIVE DEPARTMENT
Sec. 1.  EXECUTIVE POWER
Scope:
1)    Executive power is vested in the President of the Philippines.
2)    The scope of this power is set forth in Art. VII of the
Constitution.  But this power is not limited to those set forth therein. 
The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers
of the President as the Chief Executive of the country, which powers
include others not set forth in the Constitution.  EXAMPLE:  The
President is immune from suit and criminal prosecution while he is in
office.
3)    Privilege of immunity from suit is personal to the President and
may be invoked by him alone.  It may also be waived by the
President, as when he himself files suit.
4)    BUT The President CANNOT dispose of state property unless
authorized by law.
Sec. 2.  QUALIFICATIONS
1)    Natural-born citizen of the Philippines
2)    Registered voter;
3)    Able to read and write;
4)    At least 40 years old on the day of election
5)    Philippine resident for at least 10 years immediately preceding
such election.
Note:  The Vice-President has the same qualifications & term of
office as the President.  He is elected with & in the same manner as
the President.  He may be removed from office in the same manner
as the President.
Sec. 4.  MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1)    The President and Vice-President shall be elected by direct vote
of the people.
2)    Election returns for President and Vice-President, as duly
certified by the proper Board of Canvassers shall be forwarded to
Congress, directed to the Senate President.
3)    Not later than 30 days after the day of the election, the
certificates shall be opened in the presence of both houses of
Congress, assembled in joint public session.
4)    The Congress, after determining the authenticity and due
execution of the certificates, shall canvass the votes.
5)    The person receiving the highest number of votes shall be
proclaimed elected.
6)    In case of a tie between 2 or more candidates, one shall be
chosen by a majority of ALL the members of both Houses, voting
separately.  In case this results in a deadlock, the Senate President
shall be the acting President until the deadlock is broken.
7)    The Supreme Court en banc shall act as the sole judge over all
contests relating to the election, returns, and qualifications of the
President or Vice-President and may promulgate its rules for the
purpose.
Term of Office
1)    President
a)    6 years beginning at noon on 30 June immediately following the
election and ending at noon on the same day 6 years later.
b)    Term limitation: Single term only; not eligible for any reelection.
c)    Any person who has succeeded as President, and served as
such for more than 4 years shall NOT be qualified for election to the
same office at any time.
d)     The 3 readings for the special law need not be held on separate
days.
e)     The law shall be deemed enacted upon its approval on third
reading.
BUT:  No special election shall be called if the vacancy occurs within
18 months before the date of the next presidential election.

2)    Vice-President: 5)    Temporary disability of the President:

a)    6 years, starting and ending the same time as the President. The temporary inability of the President to discharge his duties may
b)    Term limitation: 2 successive terms. be raised in either of two ways:
c)    Voluntary renunciation of the office for any length of time is NOT a)    By the President himself, when he sends a written declaration to
an interruption in the continuity of service for the full term for which the Senate President and the Speaker of the House.  In this case,
the Vice-President was elected. the Vice-President will be Acting President until the President
transmits a written declaration to the contrary.
Sec. 6.  SALARIES AND EMOLUMENTS b)    When a majority of the Cabinet members transmit to the Senate
1)    Official salaries are determined by law. President and the Speaker their written declaration.
2)    Salaries cannot be decreased during the TENURE of the (i)            The VP will immediately be Acting President.
President and the Vice-President. (ii)           BUT:  If the President transmits a written declaration that he
3)    Increases take effect only after the expiration of the TERM of the is not disabled, he reassumes his position.
incumbent during which the increase was approved. (iii)          If within 5 days after the President re-assumes his position,
4)    Prohibited from receiving any other emolument from the the majority of the Cabinet retransmits their written declaration,
government or any other source during their TENURE Congress shall decide the issue.  In this event, Congress shall
reconvene within 48 hours if it is not in session, without need of a
Sec. 7-12, PRESIDENTIAL SUCCESSION call.
(iv)         Within 10 days after Congress is required to assemble, or
1. Vacancies at the beginning of the term 12 days if Congress is not in session, a 2/3 majority of both Houses,
VACANCY SUCCESSOR voting separately, is needed to find the President temporarily
President-elect fails to qualify VP-elect will be Acting President disabled, in which case, the VP will be Acting President.
or to be chosen until someone is
qualified/chosen as President. 6)    Presidential Illness:
President-elect dies or is VP becomes President. a)    If the President is seriously ill, the public must be informed
permanently disabled. thereof.
b)    Even during such illness, the National Security Adviser, the
Both President and VP-elect 1. Senate President or
Secretary of Foreign Affairs, and the Chief of Staff of the AFP are
are not chosen or do not 2. In case of his inability,
entitled to access to the President
qualify or both die, or both the Speaker of the House shall
become permanently act as President until a
Sec. 13.  DISQUALIFICATIONS
disabled. President or a VP shall have
been chosen and qualified. SUBJECT SOURCE OF DISQUALIFICATION
In case of death or disability of President, Vice- Prohibited from:
(1) and (2), Congress shall President, Cabinet 1. Holding any office or
determine, by law, who will be Members, Deputies or employment during their tenure,
the acting President. Assistants of Cabinet UNLESS:
2.  Vacancies after the office is initially filled: Members  
1. otherwise provided in the
VACANCY SUCCESSOR
Constitution (e.g.  VP can be
President dies, is permanently Vice-President becomes appointed a Cabinet Member, Sec. of
disabled, is impeached, or President for the unexpired Justice sits on Judicial and Bar
resigns. term. Council); or
Both President and Vice- Senate President or 2. the positions are ex-officio and
President die, become In case of his inability, they do not receive any salary or other
permanently disabled, are the Speaker of the House shall emoluments therefor (e.g. Sec. of
impeached, or resign. act as President until the Finance is head of Monetary Board).
President or VP shall have  
been elected and qualif 1. Practicing, directly or
indirectly, any other profession during
3)    Vacancy in office of Vice-President during the term for which he their tenure;
was elected:  
a)    President will nominate new VP from any member of either 1. Participating in any business;
House of Congress.  
b)    Nominee shall assume office upon confirmation by majority vote 1. Being financially interested in
of ALL members of both Houses, voting separately.  (Nominee any contract with, or in any franchise,
forfeits seat in Congress) or special privilege granted by the
government or any subdivision, agency
4)    Election of President and Vice-President after vacancy during or instrumentality thereof, including
tem GOCC’s or their subsidiaries.
a)     Congress shall convene 3 days after the vacancy in the office of  
both the President and the VP, without need of a call.  The convening N.B.  The rule on disqualifications for
of Congress cannot be suspended. the President and his Cabinet are
b)     Within 7 days after convening, Congress shall enact a law stricter than the normal rules
calling for a special election to elect a President and a VP.  The applicable to appointive and elective
special election cannot be postponed. officers under Art. IX-B, Sec. 7.
c)     The special election shall be held not earlier than 45 days not Spouses and 4th degree Cannot be appointed during
later than 60 days from the time of the enactment of the law. relatives of the President President’s tenure as:
(consanguinity or affinity)  
 1. Members of the Constitutional 2)    No CA confirmation:
Commissions; a)    Appointment; and
2. Office of the Ombudsman; b)    Acceptance.
3. Department Secretaries; Note:  Once appointee accepts, President can no longer withdraw
4. Department under-secretaries; the appointment.
5. Chairman or heads of bureaus
or offices including GOCC’s and their Ad-interim appointments:
subsidiaries. 1)    When Congress is in recess, the President may still appoint
  officers to positions subject to CA confirmation.
N.B. 2)    These appointments are effective immediately, but are only
1. If the spouse, etc., was effective until they are disapproved by the CA or until the next
already in any of the above offices at adjournment of Congress.
the time before his/her spouse became 3)    Appointments to fill an office in an ‘acting’ capacity are NOT ad-
President, he/she may continue in interim in nature and need no CA approval.
office.  What is prohibited is
appointment and reappointment, NOT Appointments by an Acting President:
continuation in office. These shall remain effective UNLESS revoked by the elected
2. Spouses, etc., can be President within 90 days from his assumption or re-assumption of
appointed to the judiciary and as office.
ambassadors and consuls.
  Limitation
1)    2 months immediately before the next Presidential elections, and
Sec. 14-16.  POWER TO APPOINT up to the end of his term, the President or Acting President SHALL
NOT make appointments.  This is to prevent the practice of ‘midnight
Principles: appointments.”
1)     Since the power to appoint is executive in nature, Congress 2)    EXCEPTION:
cannot usurp this function. a)    Can make TEMPORARY APPOINTMENTS
2)     While Congress (and the Constitution in certain cases) may b)    To fill EXECUTIVE POSITIONS;
prescribe the qualifications for particular offices, the determination of c)    If continued vacancies therein will prejudice public service or
who among those who are qualified will be appointed is the endanger public safety.
President’s prerogative.
Sec. 17.  Power of Control and Supervision
Scope:
The President shall appoint the following: Power of Control:
1)    Heads of executive departments (CA confirmation needed): The power of an officer to alter, modify, or set aside what a
2)    Ambassadors, other public ministers, and consuls (CA subordinate officer has done in the performance of his duties, and to
confirmation needed). substitute the judgment of the officer for that of his subordinate. 
3)    Officers of AFP from rank of colonel or naval captain (CA Thus, the President exercises control over all the executive
confirmation needed). departments, bureaus, and offices.
4)    Other officers whose appointment is vested in him by the The President’s power over government-owned corporations comes
Constitution (CA confirmation needed), such as: not from the Constitution but from statute.  Hence, it may be taken
a)    Chairmen and members of the COMELEC, COA and CSC. away by statute.
b)    Regular members of the Judicial and Bar Council.
c)    The Ombudsman and his deputies; Qualified Political Agency:
d)    Sectoral representatives in Congress. 1)    Since all executive and administrative organizations are adjuncts
 N.B. President also appoints members of the Supreme of the Executive Department, the heads of such departments, etc.
Court and judges of the lower courts, but these appointments are assistants and agents of the President.
do not need CA confirmation. 2)    Thus, generally the acts of these department heads, etc, which
5)    All other officers whose appointments are not otherwise provided are performed and promulgated in the regular course of business,
for by law; and those whom he may be authorized by law to appoint. are presumptively the acts of the President.
a)     This includes the Chairman and members of the Commission 3)    Exception:  If the acts are disapproved or reprobated by the
on Human Rights, whose appointments are provided for by law NOT President.
by the Constitution. 4)    Under Administrative Law, decisions of Department Secretaries
b)     Congress may, by law, vest the appointment of other officers need not be appealed to the President in order to comply with the
lower in rank in the President alone or in the courts, or in the heads requirement of exhaustion of administrative remedies.
of departments, agencies, boards or commissions. 5)    Qualified political agency does NOT apply if the President is
c)     BUT:  Congress cannot, by law, require CA confirmation of the required to act in person by law or by the Constitution.  Example: 
appointment of other officers for offices created subsequent to the The power to grant pardons must be exercised personally by the
1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral President.
Governor).
d)      ALSO: Voluntary submission by the President to the CA for Disciplinary Powers:
confirmation of an appointment which is not required to be confirmed 1)    The power of the President to discipline officers flows from the
does not vest the CA with jurisdiction.  The President cannot extend power to appoint the, and NOT from the power control.
the scope of the CA’s power as provided for in the Constitution. 2)    BUT While the President may remove from office those who are
not entitled to security of tenure, or those officers with no set terms,
Procedure: such as Department Heads, the officers, and employees entitled to
1)    CA confirmation needed: security of tenure cannot be summarily removed from office.
a)    Nomination by President
b)    Confirmation by CA Power of Supervision:
c)    Appointment by President; and 1)    This is the power of a superior officer to ensure that the laws are
d)    Acceptance by appointee. faithfully executed by subordinates.
Note:  At any time before all four steps have been complied with, the 2)    The power of the president over local government units is only of
President can withdraw the nomination/appointment. general supervision.  Thus, he can only interfere with the actions of
their executive heads if these are contrary to law.
3)    The execution of laws is an OBLIGATION of the President.  He 4.)    Where a conditional pardon is granted, the determination of
cannot suspend the operation of laws. whether it has been violated rests with the President.
4)    The power of supervision does not include the power of control;
but the power of control necessarily includes the power of Limitations:
supervision. 1.)    As to scope:
Cannot be granted:
Sec. 18.  COMMANDER-IN-CHIEF POWERS a.)    Before conviction
b.)    In cases of impeachment
Scope: c.)    For violations of election laws, rules, and regulation without the
1)    The President is the Commander-in-Chief of the Armed Forces. favorable recommendation of the COMELEC
2)    Whenever necessary, the President may call out the AFP to d.)    In cases of civil or legislative contempt
PREVENT or SUPPRESS: 2.)    As to effect:
a)    Lawless violence; a.)    Does not absolve civil liabilities for an offense.
b)    Invasion; or b.)    Does not restore public offices already forfeited, although
c)    Rebellion. eligibility for the same may be restored.
3)    The President may also:
a)    Suspend the privilege of the writ of habeas corpus; and Amnesty:
b)    Proclaim a state of martial law. 1.)    An act of grace concurred in by Congress, usually extended to
Suspension of the privilege of the writ of habeas corpus and groups of persons who commit political offenses, which puts into
declaring martial law; oblivion the offense itself.
1. Grounds 2.)    President alone CANNOT grant amnesty.  Amnesty needs
1. Invasion or concurrence by a majority of all the members of Congress.
2. Rebellion; and 3.)    When a person applies for amnesty, he must admit his guilt of
3. Public safety requires it. the offense which is subject to such amnesty.  If his application is
1. The invasion or rebellion must be ACTUAL and not merely denied, he can be convicted based on this admission of guilt.
imminent. 4.)    Amnesty V. Pardon
1. Limitations:
1. Suspension or proclamation is effective for only 60 days. AMNESTY PARDON
1. Within 48 hours from the declaration or suspension, the Addressed to POLITICAL Addressed to ORDINARY offenses
President must submit a report to Congress. offenses
1. Congress, by majority vote and voting jointly, may revoke Granted to a CLASS of Granted to INDIVIDUALS
the same, and the President cannot set aside the revocation. persons
1. In the same manner, at the President’s initiative, Congress
Need not be accepted Must be accepted
can extend the same for a period determined by Congress if:
i.  Invasion or rebellion persist and Requires concurrence of No need for Congressional
ii.  Public safety requires it. majority of all members of concurrence
NOTE:  Congress CANNOT extend the period motu propio. Congress
A public act. Subject to Private act of President. It must
Supreme Court review: judicial notice be proved.
i.  The appropriate proceeding can be filed by any citizen. Extinguishes the offense Only penalties are extinguished.
ii.  The SC can review the FACTUAL BASIS of the proclamation or itself May or may not restore political
suspension. rights. Absolute pardon restores.
iii.  Decision is promulgated within 30 days from filing. Conditional does not.
Civil indemnity is not
f.      Martial Law does NOT: extinguished.
i.  Suspend the operation of the Constitution. May be granted before or Only granted after conviction by
ii.  Supplant the functioning of the civil courts or legislative after conviction final judgement
assemblies.
iii.  Authorize conferment of jurisdiction on military courts over Sec. 20. Power to Contract or Guarantee Foreign Loans
civilians where civil courts are able to function and
iv.  Automatically suspend the privilege of the writ. Limitations:
(1) The President may contract or guarantee foreign loans on behalf
Suspension of privilege of the writ: of the Republic of the Philippines with the prior concurrence of the
i.  Applies ONLY to persons judicially charged for rebellion or Monetary Board; and
offenses inherent in or directly connected with invasion. (2) Subject to such limitations as may be provided by law.
ii.  Anyone arrested or detained during suspension must be charged
within 3 days.  Otherwise he should be released. Sec. 21. Foreign Relations Powers include:
Note:  While the suspension of the privilege of writ and the (1)  Power to negotiate treaties and other international agreements
proclamation of martial law is subject to judicial review, the actual (a)  BUT: Such treaty of international agreement must be concurred
use by the President of the armed forces is not.  Thus, troop in by at least 2/3 of all Senators in order to be valid and effective in
deployments in times of war is subject to the President’s judgment our country.
and discretion. (b)  Options of Senate when a treaty is submitted for its approval:
(i)                 Approve with 2/3 majority;
Sec. 19: EXECUTIVE CLEMENCY (ii)               Disapprove outright; or
(iii)             Approve conditionally, with suggested amendments.
Scope: (c)  If treaty is not re-negotiated, no treaty
1.)    The President may grant the following: [ Pa R C Re] (d)  If treaty is re-negotiated and the Senate’s suggestions are
1. Pardons (conditional or plenary) incorporated, the treaty will go into effect without need of further
2. Reprieves Senate approval.
3. Commutations
4. Remittance of fines and forfeitures Note:  While our municipal law makes a distinction between
2.)    These may only be granted AFTER conviction by final international agreements and executive agreements, with the former
judgment. requiring Senate approval and the latter not needing the same, under
3.)    ALSO: The power to grant clemency includes cases involving international law, there is no such distinction.
administrative penalties.

Note: The President cannot, by executive agreement, undertake an
obligation which indirectly circumvents a legal prohibition.
(e)  Conflict between treaty and municipal law.
(i)  Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest
expression of the State’s will.
(ii)  International tribunal
Treaty will always prevail.  A State cannot plead its municipal law to
justify noncompliance with an international obligation.
(2)  Power to appoint ambassadors, other public ministers, and
consuls.
(3) Power to receive ambassadors and other public ministers
accredited to the Philippines.
(4)  Power to contract and guarantee foreign loans on behalf of the
Republic
(5)  Power to deport aliens
(a)    This power is vested in the President by virtue of his office,
subject only to restrictions as may be provided by legislation as
regards the grounds for deportation.
(b)   In the absence of any legislative restriction to authority, the
President may still exercise this power.
(c)    The power to deport aliens is limited by the requirements of due
process, which entitles the alien to a full and fair hearing.
BUT:    The alien is not entitled to bail as a matter of right.
1.  Defining enforceable and demandable rights and prescribing
remedies for violations of such rights; and
2.  Determining the court with jurisdiction to hear and decide
controversies or disputes arising from legal rights.
3.  Thus, Congress has the power to define, prescribe and apportion
the jurisdiction of various courts.
1. BUT, Congress cannot deprive the Supreme Court of its
jurisdiction over cases provided for in the Constitution.
2. Creation and abolition of courts:
1. The power to create courts implies the power to
abolish and even re-organize courts.
2. BUT this power cannot be exercised in a manner
which would undermine the security of tenure of the
judiciary.
3. If the abolition/re-organization is done in good
faith and not for political or personal reasons, then it
is VALID.  (same rule applies for civil servants)
Sec. 3.  FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced
below the amount appropriated for the previous year.
3. Once approved, appropriations shall be automatically and
regularly released.
Secs. 4-7; 12 JUDICIARY

ARTICLE VIII. THE JUDICIAL DEPARTMENT Composition of the Supreme Court:

  1. Chief Justice and
Sec. 1.  JUDICIAL POWER 2. 14 Associate Justices
Note:  Members of the Supreme Court and of other courts
Scope: established by law shall not be designated to any agency performing
1. Judicial power is the authority to settle justiciable controversies or quasi-judicial or administrative functions.
disputes involving rights that are enforceable and demandable before
the courts of justice or the redress of wrongs for violations of such Qualifications of members of the SC:
rights. 1.  Natural born citizen of the Philippines
2.  Vested in the Supreme Court and such lower courts as may be 2.  At least 40 years old
established by law. 3.  At least 15 years of experience as a judge or in the practice of law
3. Since the courts are given ‘judicial power’ and nothing more, in the Philippines
courts may neither attempt to assume or be compelled to perform 4.  Person of proven competence, integrity, probity and
non-judicial functions.  They may not be charged with administrative independence.
functions except when reasonably incidental to the fulfillment of their
duties. Qualifications of members of lower collegiate courts (CA, CTA,
4.  In order that courts may exercise this power, there must exist the Sandiganbayan)
following: 1.  Natural born citizen of the Philippines
1. An actual controversy with legally demandable and 2.  Member of the Philippine bar
enforceable rights; 3.  Possesses other qualifications prescribed by Congress
2. Involving real parties in interest; 4.  Person of proven competence, integrity, probity and
3. The exercise of such power will bind the parties by virtue of independence.
the court’s application of existing laws.
5.  Judicial power cannot be exercised in vacuum.  Without any laws Qualifications of judges of lower non-collegiate courts:
from which rights arise and which are violated, there can be no 1.  Citizen of the Philippines (may be a naturalized citizen)
recourse to the courts. 2.  Member of the Philippine Bar
6.  The courts cannot be asked for advisory opinions. 3.  Possesses other qualifications prescribed by Congress
7.  Judicial power includes: 4.  Person of proven competence, integrity, probity and
1. The duty of the courts to settle actual controversies independence.
involving rights which are legally demandable and
enforceable; and Section 8.  JUDICIAL AND BAR COUNCIL
1. To determine whether or not there has been a grave abuse 1.  The Judicial and Bar Council is under the supervision of the SC.
of discretion amounting to lack or excess of jurisdiction on A.  Is under the supervision of the Supreme Court and is composed
the part of any branch or instrumentality of the government. of:
1. Chief Justice, as ex-officio chairman
Political Questions: 2. Secretary of Justice, as an ex-officio member
1.  A ‘political question’ is one the resolution of which has been 3. Representative of Congress, as an ex-officio member
vested by the Constitution exclusively in either the people, in the 4. Representative of the Integrated Bar
exercise of their sovereign capacity, or in which full discretionary 5. A professor of law
authority has been delegated to a co-equal branch of the 6. A retired member of the SC; and
Government. 7. Private sector representative
2.  Thus, while courts can determine questions of legality with Note:  The last four re the regular members of the JBC.  Regular
respect to governmental action, they cannot review government members are appointed by the President with CA approval.  Regular
policy and the wisdom thereof, for these questions have been vested members serve for 4 years, with staggered terms.
by the Constitution in the Executive and Legislative Departments.
B.  Functions of JBC
Sec. 2.  ROLES OF CONGRESS 1. Principal function:  recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
 b.  Petitions for certiorari, prohibiton, mandamus, quo warranto, and
C.  Appointments to the Judiciary   habeas corpus.
1. President shall appoint from a list of at least 3 nominees for 2.  SC has APPELLATE jurisdiction over final judgments and orders
each vacancy, as prepared by the JBC. in the following:
2. No CA confirmation is needed for appointments to the a.  All cases involving the constitutionality or validity of any
Judiciary. 1. treaty
3. Vacancies in SC should be filled within 90 days from the 2. international or executive agreement
occurrence of the vacancy. 3. law
4. Vacancies in lower courts should be filled within 90 days 4. presidential decree
from submission to the President of the JBC list. 5. proclamation
6. order
Sec. 10.  SALARIES 7. instruction
1.  Salaries of SC Justices and judges of lower courts shall be fixed 8. ordinance, or
by law. 9. regulation;
2.  Cannot be decreased during their continuance in office, but can b.  All cases involving the legality of any
be increased. 1. tax
3.  Members of the Judiciary are NOT exempt from payment of 2. impost
income tax. 3. assessment or
4. toll or
Sec. 11.  TENURE/DISCIPLINARY POWERS OF SC 5. any penalty imposed in relation thereto;
1.  Members of the SC and judges of the lower courts hold office c.  All cases in which the jurisdiction of any lower court is in issue
during good behavior until d. Criminal cases where the penalty imposed is reclusion perpetua or
a.  The age of 70 years old; or higher; and
b.  They become incapacitated to discharge their duties. e.  All cases where ONLY errors or questions of law are involved.
3.  Temporarily assign lower court judges to other stations in the
2.  Disciplinary action against judges of lower courts: public interest.
a.  Only the SC en banc has jurisdiction to discipline or dismiss Note:  Temporary assignment shall not exceed 6 months without the
judges of lower courts. consent of the judge concerned.
b.  Disciplinary action/dismissal:  Majority vote of SC Justices who 4.  Order a change of venue or place of trial to avoid a miscarriage of
took part in the deliberations and voted therein. justice.
5.  Promulgate rules concerning:
3.  Removal of SC Justices: a.  The protection and enforcement of constitutional rights;
a.  Only by IMPEACHMENT. b.  Pleading, practice and procedure in all courts;
b.  Cannot be disbarred while they hold office. c.  Admission to the practice of law;
d.  The Integrated Bar; and
Secs. 4-6, 13.  THE SUPREME COURT e.  Legal assistance to the underprivileged.
Limitations on Rule Making Power
Hearing of cases: a. It should provide a simplified and inexpensive procedure for the
1. En banc; or speedy disposition of cases.
2. Divisions of 3, 5, or 7. b.  It should be uniform for all courts of the same grade.
c.  It should not diminish, increase, or modify substantive rights.
Cases required to be heard en banc: 6.  Appoint ALL officials and employees of the Judiciary, in
1.  All cases involving constitutionality of a/an: accordance with Civil Service Law.
a.  Treaty 7. Exercise administrative supervision over ALL courts and the
b.  International or executive agreement or personnel thereof.
c.  Law.
2.  All cases required to be heard en banc under the Rules of Court: Decisions of the Supreme Court:
a.  Appeals from Sandiganbayan; and 1. Reached in consultation before being assigned to a member for
b.  From the Constitutional Commissions the writing of the opinion.
3.  All cases involving the constitutionality, application or operation of 2. A certification to this effect must be signed by the Chief Justice
a.  Presidential decrees and attached to the record of the case and served upon the parties.
b.  Proclamations 3. Members of the SC who took no part, or who dissented or
c.  Orders abstained must state the reasons therefore.
d.  Instructions Note:  This procedure shall also be observed by all lower collegiate
e.  Ordinances; and courts (CA, CTA, and the Sandiganbayan).
f.   Other regulations.
4.  Cases heard by a division where required majority of 3 was not JUDICIAL REVIEW
obtained.
5.  Cases where SC modifies or reverses a doctrine or principle of Definition
law laid down by the SC en banc or by a division. 1.  Judicial Review is the power of the SC to declare a law, treaty,
6.  Administrative cases to discipline or dismiss judges of lower ordinance etc. unconstitutional.
courts; and 2.    Lower courts may also exercise the power of judicial review,
7.  Election contests for President and Vice-President. subject to the appellate jurisdiction of the SC.
3.   Only SC decisions are precedent, and thus, only SC decisions
Cases heard by division are binding on all.
1.  Must be decided with the concurrence of a majority of the
members who took part in the deliberations and voted thereon. Requisites                                            Code:   [A R S Co R]
2.  Majority vote in a division should be at least 3 members. 1.  An ACTUAL CASE calling for the exercise of judicial power
2.  The question involved must be RIPE FOR ADJUDICATION, i.e.
Powers of the SC the government act must have had an adverse effect on the person
1.  SC has ORIGINAL jurisdiction over challenging it.
a.  Cases affecting ambassadors, other public ministers and consuls. 3.  The person challenging the governmental act must have
Note:  This refers to foreign ambassadors, etc., stationed in the ‘STANDING’, i.e. a personal and substantial interest in the case such
Philippines. that he has sustained, or will sustain, direct injury as a result of its
enforcement.
4.  The question of Constitutionality must be raised in the first
instance, or at the earliest opportunity.
5.  Resolution of the issue of constitutionality is unavoidable or is the
very lis mota.
Effect of a declaration of unconstitutionality:
1.  Prior to the declaration that a particular law is unconstitutional, it is
considered as an ‘operative fact’ which at that time had to be
complied with.
2.  Thus, vested rights may have been acquired under such law
before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that
the law is unconstitutional.
Sec. 14.  DECISIONS
1.  Decisions MUST state clearly and distinctly the facts and the law
on which it is based.
2.  Refusal to give due course to petitions for review and motions for
reconsideration must state the legal basis for such refusal.
3.  Memorandum decisions, where the appellate court adopts the
findings of fact and law of the lower court, are allowed as long as the
decision adopted by reference is attached to the Memorandum for
easy reference.
4.  These rules only apply to courts.  They do not apply to quasi-
judicial or administrative bodies nor to military tribunals.
ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS
Section 1.   Constitutional Commissions
Independent Constitutional Commissions:
1) Civil Service Commission (CSC)
2) Commission on Elections (COMELEC)
3) Commission on Audit (COA)
Why Independent?
They perform vital functions of government.  Their integrity is
protected by the fact that they:
1) Are constitutionally created (Sec. 1)
2) Have independent powers of appointment (Sec. 4)
3) Each Commission may promulgate its own procedural rules
(Sec. 6)
4) Fiscal autonomy (Sec. 5)
5) Salaries may not be diminished during their office (Sec. 3)
6) Commissioners have a fixed term
7) Commissioners are removable by impeachment only.
Procedures:
1) Rules:  The Commissions may promulgate its own rules EN
BANC.
2) Limitation:  It shall not:
a) Diminish,
b) Increase, or
c) Modify substantive rights.
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to
disapprove rules of “special courts and quasi-judicial  bodies.”
b). In proceedings before the Commissions, the rules of the
Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL
REVIEW
Section 7.  DECISION MAKING/APPEAL
Decision-Making:
1) Each commission shall decide matter or cases by a majority vote
of all the members within 60 days from submission.
 COMELEC may sit en banc or in 2 divisions.
 Election cases, including pre-proclamation controversies
are decided in division, with motions for reconsideration filed
to the COMELEC en banc.
 The SC has held that a majority decision decided by a
division of the COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission must act as one, and
no one member can decide a case for the entire commission.  (i.e. 
The Chairman cannot ratify a decision which would otherwise have
been void).
Appeals:
1) Decisions, orders or rulings of the COMELEC/COA may be
brought on certiorari to  the SC under Rule 65.
2) Decisions, orders or ruling of the CSC should be appealed to the
CA under Rule 43.
Enforcement:
 It has been held that the CSC can issue a writ of execution
to enforce judgments which are final.
THE CIVIL SERVICE COMMISSION
Section 1.  COMPOSITION/QUALIFICATIONS/TERM

Section 2.  DISQUALIFICATIONS Composition:

1) Chairman
Disqualifications: 2) Commissioners – 2 commissioners
Members cannot, during their tenure:
1) Hold any other office or employment; Qualifications:
2) Engage in the practice of any profession; 1) Natural-born citizens of the Philippines;
3) Engage in the active management or control of any business, 2) At least 35 years old at the time of their appointments;
which, in any   way, may be affected by the functions of their office; 3) With proven capacity for public administration; and
and 4) NOT candidates for any elective position in the elections
4) Be financially interested, direct or indirect, in any contract, immediately preceding their appointment.
franchise, privilege granted by the government, any of its 5) Appointees by the President to the CSC need Commission on
subdivisions, agencies, instrumentalities, including GOCC’s and their Appointments (CA) confirmation
subsidiaries.
Note:  The Ombudsman and his deputies are subject to the same Term:
qualifications. 1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3
yrs
 Section 3.  SALARIES 2) Limitation:  single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
Salaries 4) No temporary appointments, or appointments in acting capacity.
1) Salaries are fixed by law and shall not be decreased during their
TENURE. Section 2.   Scope:
2) Decreases in salaries only affect those members appointed
AFTER increase. The Civil Service embraces all:
3) Incumbent members do not lose any salary. A.  branches,
4) Increases take effect IMMEDIATELY. B.  subdivisions,
C.  instrumentalities,
Section 6.  RULES OF PROCEDURE D.  agencies of the government,
E.  including GOCCs with original charters. 1) Officers or employees of the Civil Service cannot be removed or
1.”With Original Charter” means that the GOCC was created by suspended EXCEPT for cause provided by law. It guarantees both
special law/by Congress procedural and substantive due process.
2. If incorporated under the Corporation Code, it does not fall within 2) For “LEGAL CAUSE” – Cause is:
the Civil Service, and is not subject to the CSC jurisdiction. a). related to and affects the administration of office, and
3. Even if once government-controlled, then becomes privatized, b). must be substantial (directly affects the rights & interests of the
ceases to fall under CSC. public)
4. Jurisdiction is determined as of the time of filing the complaint. 3) Security of tenure for Non-competitive positions
a). Primarily confidential officers and employees hold office only for
Appointments to civil service shall be: so long as confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but
A. Competitive positions the expiration of the term of office
 According to merit and fitness to be determined by c). Non-career service officers and employees do not enjoy security
competitive examinations, as far as practicable except to of tenure.
positions which are policy-determining, primarily confidential, d). Political appointees in the foreign service possess tenure
or highly technical. coterminous with  that of the appointing authority or subject to his
pleasure.
B. Non-competitive positions 4) One must be VALIDLY APPOINTED to enjoy security of tenure.
1). No need for competitive examinations. Thus, one who is not  appointed by the proper appointing authority
2). 3 kinds does not acquire security of tenure.
a) Policy-determining –           formulate a method of action for the Abolition of Office
gov’t To be valid, abolition must be made:
b) Primarily confidential –      more than ordinary confidence; close (a) In good faith;  (good faith is presumed)
intimacy insures freedom of intercourse without betrayals of personal (b) Not for political or personal reasons; and
trust… (c) Not in violation of law
c) Highly technical     –           requires technical skill to a superior
degree. Temporary employees are covered by the following rules:
1). Not protected by security of tenure – can be removed anytime
C. The TEST to determine whether non/competitive is the Nature of even without cause
the responsibilities, NOT the administrative or legislative description 2). If they are separated, this is considered an expiration of his term.
given to it. 3). BUT:  They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
D. Both types of positions are entitled to security of tenure. They only
differ in the MANNER in which they are filled. No officer or employee in the Civil Service shall engage in any
electioneering or in partisan political activity
E. Who may be appointed: 1) Cannot solicit votes in favor of a particular candidate.
1). RULE:  Whoever fulfills all the qualifications prescribed by law for 2) Cannot give campaign contributions or distribute campaign
a particular position may be appointed therein. materials.
2). The CSC cannot disapprove an appointment just because 3) BUT:  Allowed to express views on political issues, and to mention
another person is better qualified, as long as the appointee is himself the names of the candidates whom he supports.
qualified. 4) Prohibition does not apply to department secretaries
3). The CSC CANNOT add qualifications other than those provided Right to organize
by law. The right to organize does NOT include the right to strike
F. Next-In-Rank Rule
 While a person next in rank is entitled to preferential Sections 6-7.  DISQUALIFICATION
consideration, it does not follow that only he, and no one
else, can be appointed.  Such person has no vested right to Disqualifications
the position and the appointing authority is not bound to 1) Losing candidates in any election
appoint the person next in rank. a). Cannot be appointed to any office in the government or GOCC’s
or their subsidiaries.
Tenure (Classification of Positions) b). Period of disqualification: One (1) year after such election.
Career Service Non-Career Service
1. Entrance based on merit 1. Entrance on bases OTHER 2) Elective officials
and fitness to be determined than usual tests of merit and a). Not eligible for appointment or designation ANY CAPACITY to
as far as practicable by fitness. ANY PUBLIC OFFICE or position during their tenure.
competitive examinations or b). EXCEPTION:  May hold ex officio positions.
based on highly technical  Examples:
qualifications.  The Vice President may be appointed Cabinet
2. Entitled to security of tenure Tenure limited to: member
a)      Period specified by law,  Congressman may sit in the Judicial and Bar
b)      Coterminous with the Council
appointing authority or subject c). To be eligible to hold any other office, the elected official must first
to his pleasure, or resign his office
c)      Limited to the duration of d). Even Congress cannot, by law, authorize the appointment of an
a particular project for which elective official.
purpose the employment was
made. 3). Appointive officials
a). Cannot hold any other office or employment in the government,
3. With opportunity for
any subdivision, agency, instrumentality, including GOCC’s and their
advancement to higher career
subsidiaries.
positions.
b). EXCEPTION:  Unless otherwise allowed by law, or by the primary
functions of his position.
Security of Tenure:
c). This exception DOES NOT APPLY to Cabinet members, and
those officers mentioned in Art. VII, Sec. 13.  They are governed by
the stricter prohibitions contained therein.
Section 8. COMPENSATION
1) Prohibitions:  applies to elected or appointed officers and
employees                      1. COMELEC can exercise this power only in relation to its
Cannot receive:
A. Additional   -  an extra reward given for the same office i.e. bonus
B. Double  -  when an officer is given 2 sets of compensation for 2
different offices held concurrently by 1 officer
C. Indirect Compensation
2) EXCEPTION:  Unless specifically authorized by law
A. “SPECIFICALLY AUTHORIZED” means a specific authority
particularly directed to the             officer or employee concerned.
B. BUT: per diems and allowances given as REIMBURSEMENT for
expenses actually incurred are not prohibited
3) Cannot accept any present, emolument, office, title of any kind
from foreign governments UNLESS with the consent of Congress.
4) Pensions and gratuities are NOT considered as additional, double,
or indirect compensation.
THE COMMISSION ON ELECTIONS
Section 1.  COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the immediately
preceding elections.
5) Majority of the Commission, including the Chairman must be:
a). Members of the Philippines Bar
b). Engaged in the practice of law for at least 10 years: “any activity
in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience.”
6) Appointments subject to CA approval
Term:
1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1
Member – 3 yrs.
2) LIMITATION:  Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of
predecessor’s term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent
commissioner as acting Chairman.
b). The choice of temporary chairman falls under the COMELEC’s
discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.
(a)    Ex: COMELEC can enjoin construction of public works within 45
days of an election.
1)      Exercise:
A. Exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general
jurisdiction
2. Elective barangay officials decided by trial courts of limited
jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be
final, executory, and not appealable.
Exception: Appealable to the SC on questions of law.
1. Contempt powers
adjudicatory or quasi-judicial functions.  It CANNOT exercise this in
connection with its purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises
quasi-judicial/administrative powers.
3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of
its judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and
mandamus in exercise of its appellate jurisdiction.  This is not an
inherent power.
3) Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and
location of polling places, appointment of election officials and
inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of
the ordinary courts.
4) Deputize, with the concurrence of the President, law enforcement
agencies and instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or
coalitions/accreditation of citizens’ arms of the Commission on
Elections.
a). The political parties etc. must present their platform or program of
government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or
unlawful means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT:  Political parties with religious affiliation or which derive their
principles from religious beliefs are registerable.
e). Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or candidates
related to elections constitute interference in national affairs.  If
accepted, it is an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that
may be prescribed by law.
1)    File, upon a verified complaint, or on its own initiative, petitions
in court for inclusion of exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting elections frauds, offenses and
malpractices.
1. COMELEC has exclusive jurisdiction to investigate and
prosecute cases for violations of election laws.
2. COMELEC can deputize prosecutors for this purpose.  The
actions of the prosecutors are the actions of the COMELEC
3. Preliminary investigation conducted by COMELEC is valid.
2)    Recommend to the Congress effective measures to minimize
election spending, including limitation of places where propaganda
materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.
3)    Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other disciplinary
action, for violation or disregard or, or disobedience to its directive,
order, or decision.
4)    Submit to the President and the congress a comprehensive
report on the conduct of each election, plebiscite, initiative,
referendum, or recall.
Section 3.  RULES OF PROCEDURE/DECISION-MAKING
Rules of Procedure
1)    COMELEC can sit en banc or in two divisions
2)    It has the power to promulgate its own rules of procedure in
order to expedite disposition of election cases, including pre-election
controversies.
Decision-Making
1) Election cases should be heard and decided in division. Provided
that,
2) Motions for reconsideration of decisions should be decided by
COMELEC en banc.
3) ”Decisions” mean resolutions on substantive issues.
2)    If a division dismisses a case for failure of counsel to appear, the
Motion for Reconsideration here may be heard by the division.
3)    EXCEPTION: COMELEC en banc may directly assume
jurisdiction over a petition to correct manifest errors in the tallying of
results by Board of Canvassers.
Section 4.  SUPERVISION/REGULATION OF FANCHISES /
PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS
Regulation of franchises
A. What can COMELEC supervise or regulate
1). The enjoyment or utilization of all franchises or permits for the
operation of transportation and other public utilities, media of
communication or information.
2). Grants, special privileges or concessions granted by the
Government or any subdivision, agency or instrumentality thereof,
including any GOCC or its subsidiary
B. When can COMELEC exercise this power
  1). During the election period
a). Under Article XI, Section 9, the election period commences 90
days before
the day of the election and ends 30 days thereafter.
b). In special cases, COMELEC can fix a period.
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important
legislative measures to the people ratification
4). Referendum:  power of the electorate to approve or reject
legislation through an election called for that purpose.
COMELEC and the MEDIA
1). COMELEC cannot compel print media to donate free space to the
COMELEC.  It may, however, compel it to provide space after paying
just compensation.
2). Power of COMELEC is over franchises and permits, NOT
individuals. For example, COMELEC may not regulate media
practitioners, for this would violate the freedom of expression.
Section 5.  No pardon, amnesty, parole, or suspension of sentence
for violation of election laws, rules, and regulations shall be granted
by the President without the favorable recommendation of the
Commission.
Section 6
Definition of Political Party
 organized group of persons pursuing the same political
ideals in a government and includes its branches, and
divisions
Importance of registration of a political party
1)    Registration confers juridical personality on the party.
2)    It informs the public of the party’s existence and ideals.
3)    It identifies the party and its officers for purposes of regulation by
the COMELEC.
Section 7.  No votes cast in favor of a political party, organization, or
coalition shall be valid, except for those registered under the party-list
system as provided in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8.  PARTY LIST SYSTEM
No Right to be Represented in Various Boards
 Political parties, organizations, or coalitions registered
under the party-list system shall NOT be represented in the
following:
1). Voters’ registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
 Political parties, etc. are entitled to appoint poll watchers in
accordance with law.
Section 10.  Bona fide candidates for any public office shall be free
from any form of harassment and discrimination.
 This section does not give candidates immunity from suit.
 Discrimination includes unequal treatment in the availment
of media facilities.
Section 11.  FUNDING
How provided
1)    Funds certified by the COMELEC as necessary to defray the
expenses for holding regular and special elections, plebiscites,
initiative, referenda and recalls, shall provided in the regular or
special appropriations.
2)    Funds should be certified by the COMELEC as necessary.
Release of funds
 Once approved, funds should be released automatically
upon certification by the Chairman of COMELEC.
THE COMMISSION ON AUDIT
Section 1.  COMPOSITION/QUALIFICATIONS
Composition:
1)    Chairman, and
2)    Commissioners (2).
Qualifications:
1)    Natural-born citizens of the Philippines
2)    At least 36 years old at the time of their appointment;
3)    Either:
a). CPA’s with at least 10 years auditing experience; or
b). Members of Phil. Bar with 10 years of practice.
4)    Members cannot all belong to the same profession.
5)    Subject to confirmation of the CA.
6)    Must not have been candidates for any elective position in the
elections immediately preceding their appointment.
Term:
1)    Chairman -7 yrs; Commissioner1 -5yrs; Commissioner – 2 -3
yrs.
2)    LIMITATION: – Single terms only; no re-appointment allowed
3)    Appointments to any vacancy shall only be for the unexpired
portion of predecessor’s term.
Section 2.  POWERS
1)    Examine, audit, and settle accounts pertaining to:
1. Revenue and receipts of funds or property; or
2. Expenditures and uses of funds or property
Owned or held in trust by, or pertain to:
1. The Government;
2. Any of its subdivisions, agencies or instrumentalities;
3. Including GOCC’s with original charters.
2)    Conduct post-audit with respect to the following:
1. Constitutional bodies, commissions, and offices granted
fiscal autonomy;
2. Autonomous state colleges and universities;
3. GOCC’s and their subsidiaries incorporated under the
Corporation Code.
4. None-governmental entities receiving subsidies or equity,
directly or indirectly, from or through the government, which
 are required by law of the granting of institution to submit to
such audit.
3)    If COA finds internal control system of audited agencies as
inadequate, COA may adopt measures, including temporary or
special pre-audit, as may be necessary.
4)    Keep the general accounts of the government, preserving
vouchers and other supporting papers pertaining thereto.
5)    Exclusive authority to define the scope of COA’s audit and
examination and to establish the techniques and methods required
therefor.
6)    Promulgate accounting and auditing rules and regulations.
1. Including those for the prevention or disallowance of
irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds
and properties.
2. Failure to comply with these rules can be a ground for
disapproving the payment of a proposed expenditure.
Note:
1)    The functions of COA can be classified as:
1. Examine and audit all forms of government revenues;
2. Examine and audit all forms of gov’t expenditures
3. Settle gov’t accounts
4. Promulgate accounting and auditing rules (including those
for the prevention of irregular…expenditures.
5. To decide administrative cases involving expenditures of
public funds.
2)    COA can settle only LIQUIDATED ACCOUNTS or those
accounts which may be adjusted simply by arithmetic process.
3)    COA has authority not just over accountable officers but also
over other officers who perform functions related to accounting such
as verification of evaluations and computation of fees collectible, and
the adoption of internal rules of control.
4)    COA does not have the power to fix the amount of an unfixed or
undetermined debt.
5)    Where the following requirements are complied with, it becomes
the ministerial duty of the COA to approve and pass in audit
vouchers for payment:
1. There is a law appropriating funds for a particular purpose;
2. There is a contract, made by the proper officer, entered
into in conformity with the above-mentioned law;
3. The goods or services covered by such contract have been
delivered or rendered in pursuance to such contract, as
attested by the proper officer; and
4. Payment has been authorized by officials of the
corresponding department or bureau.  Section 5.  EACH LOCAL GOVERNMENT SHALL HAVE THE
6)    Prosecutors may still review accounts already settled and
approved by COA for the purpose of determining possible criminal
liability.  This is because COA’s interest in such accounts is merely
administrative.
7)      COA has the power to determine the meaning of ‘public
bidding’ and what constitutes failure when regulations require public
bidding for the sale of government property.
Section 3.  No law shall be passed exempting any entity of the
Government or its subsidiary in any guise whatever, or any
investment of public funds, from the jurisdiction of the Commission
on Audit.
ARTICLE X: LOCAL GOVERNMENT
 
Section 1.  TERRITORIAL/POLITICAL SUBDIVISIONS OF THE
REPUBLIC OF THE PHILIPPINES ARE THE:
Composition:
1)      Provinces
2)      Cities;
3)      Municipalities; and
4)      Barangays
There shall be Autonomous regions in:
1)      Muslim Mindanao, and
2)      Cordileras [At present, it is only the Cordilera
ADMINISTRATIVE region]
Note:    1) A third autonomous regions would require a constiutional
amendment.
2) These political subdivisions, created by the Constitution cannot be
replaced by AMENDMENT, and not by law.
3) While Congress can abolish or eradicate individual units, it cannot
abolish an entire class of LGU’s
Section 2.  Local Autonomy
1)      All political subdivisions shall enjoy local autonomy
2)      This does not mean that the LGU’s are completely free from
the central government.
1. Judiciary may still pass on LGU actions
2. President may exercise disciplinary power over LGU
officials.
Sec. 3. Congress shall enact a local government code which shall
provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and
resources, and provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and
operation of the local units.
 
Section 4.  PRESIDENTIAL SUPERVISION OF LGUS
Supervision of President
1)      The President exercises general supervision over all LGUs
2)      The President exercises DIRECT supervision over
1. Provinces
2. Autonomous regions and
3. Independent cities.
3)      This power is limited to ensuring that lower officers exercise
their functions in accordance with law.
4)      The president cannot substitute his judgment for that of an LGU
official unless the latter is acting contrary to law.
5)      The President may, however, impose administrative sanctions
against LGU officials, such as suspension for 120 days, and may
even remove them from their posts, in accordance with law.
6)      Provinces exercise direct supervision over component cities
and municipalities.
7)      Cities and municipalities exercise direct supervision over
component barangays.
POWER TO CREATE OWN SOURCES OF REVENUE/LEVY
TAXES, FEES AND CHARGES ETC.
Limitations on Power
1)      It is subject to such guidelines and limitations as Congress may
provide.  See Local Government Code for examples.
2)      The guidelines set by Congress should be consistent with the
basic policy of local autonomy.
Accrual of taxes, fees, charges
The taxes, fees and charges shall accrue exclusively to the local
governments.
Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL
TAXES, AS DETERMINED BY LAW, WHICH SHALL BE
AUTOMATICALLY RELEASED TO THEM
Internal Revenue Allotment (IRA)
1)      Share of LGUs in national taxes is limited to the internal
revenue taxes.
2)      The share of each LGU should be released, without need of
any further action, directly to the provincial, city, municipal or
barangay treasurer.  Release is made on a quarterly basis within 5
days after the end of each quarter.
3)      The share of each LGU should not be subject to any lien or
holdback that may be imposed by the national government for
whatever purpose.
4)      Each LGU should appropriate in its annual budget at least 20%
of its annual IRA for development projects.
5)      Adjustments in IRA
 1. Ground:  Unmanageable public section deficit Basic Autonomy of Component Cities and Municipalities
2. President can make the necessary adjustments in the IRA 1)      The component cities and municipalities retain their basic
upon the recommendation of the following: autonomy
1. Department of Finance Secretary 2)      They shall be entitled to their own local executive and
2. DILG Secretary legislative assemblies.
3. DBM Secretary
6)      IRA considered for purposes of conversion from one political Sec. 12.  CITIES
subdivision to the next.  (Alvarez v. Guingona) Classification of Cities:
1)      Highly urbanized (as determined by law)
Section 7.  SHARE OF LGUS IN NATIONAL WEALTH 2)      Component cities (cities still under provincial control); and
Share of LGUs in national wealth 3)      Independent component cities (non-highly urbanized cities
1)      LGUs are entitled to an equitable share in the proceeds of the whose voters are prohibited by thecity charter from voting in
utilization and development of the national wealth within their provincial elections)
respective areas in the manner provided by law. Independence from the Province
2)      This includes share the same with the inhabitants by way of 1)      Highly urbanized cities and independent component cities are
direct benefits. independent of the province.
Under the LGC 2)      Component cities whose charter contain no such prohibition
1)      LGUs have a share of 40% of the gross collection derived by are still under the control of the province and its voters may still vote
the national government from the preceding fiscal year from for elective provincial officials.
1. Mining taxes
2. Royalties Section 13.  Coordination among LGUS
3. Forestry and fishery charges Consolidation and Coordination of Efforts, Services and Resources
4. Other taxes, fees and charges 1)      It is optional on the part of LGUs as shown by the use of the
5. Share in any co-production, joint venture or production word “may”
sharing agreement in the utilization and development of the 2)      It can be done for purposes commonly beneficial to them in
national wealth w/in their territorial jurisdiction accordance with the law.

Sec. 8.  TERM OF OFFICE Under LGC (Section 33)

1)      Consolidation and coordination may be done through
Term of Office appropriate ordinances.
Elective local officials, now including barangay officials have a term 2)      A public hearing should be conducted and the approval of the
of 3 years. sanggunian obtained.
3)      An LGU can:
Limitations: 1. Contribute funds, real estate, equipment and other kinds of
1)      No elective official shall serve for more than 3 consecutive property
terms 2. Appoint/assign personnel under such terms and conditions
2)      Voluntary renunciation of office for any length of time shall not as may be agreed upon by the participating LGUs through
be considered as an interruption in the continuity of his service for Memoranda of Agreement.
the full term for which he was elected.
Section 14.  REGIONAL DEVELOPMENT COUNCILS
Sec. 9.  SECTORAL REPRESENTATION IN LGUS
Who can provide for RDC
Legislative bodies of the local governments shall have Sectoral The President shall provide for RDC or other similar bodies
Representation (under the LGC) as may be provided by law composed of:
Composition
There should be representatives from: 1)      Local government officials
1)      The women’s sector 2)      Regional heads of departments and other government offices
2)      The workers 3)      Representatives of NGOS within the regions
3)      Third sector (can choose from any of the following) For Purpose of
A)    Urban poor 1)      Administrative decentralization
B)     Indigenous cultural communities 2)      To strengthen local autonomy
C)     Disabled persons 3)      To accelerate the economic and social growth and
D)    Any other sector as may be determined by the sanggunian development of the units in the region

Election of Sector Representatives Section 15.  AUTONOMOUS REGIONS

Where:
Sec. 10. Creation, abolition and division of LGU’s 1)      Muslim Mindanao
1)      Requisites 2)      Cordillera region
1. Compliance with the requirements of the Local
Government Code; and Factors:
2. Approved by a majority of the votes cast in a plebiscite held 1)      Historical heritage
in the political units DIRECTLY affected. 2)      Cultural heritage
2)      Thus, a province is supposed to be divided into 2 separate 3)      Economic and social structures,
provinces, plebiscite will include voters of the ENTIRE province, and 4)      Other relevant characteristics within:
not just the area to comprise the new province. 1. The framework of the consititution
3)      LGC requirements relate to matters such as population, 2. National sovereignty
revenue, and area requirements. 3. Territorial integrity.

Sec. 11.  Metropolitan political subdivisions Creation:

Creation: 1)      Provided by law.
1)      Congress may create special metropolitan political subdivisions 2)      EFFECTIVITY of such creation occurs only when it is approved
by law. by a majority of the votes cast in a plebiscite held among the
2)      It is subject to a plebiscite constituent units.
Jurisdiction of Metropolitan authority 3)      Only those Provinces, Cities, and Geographical Areas voting
It is limited to basic services requiring coordination. favorably in such plebiscite shall form part of the autonomous region.
4)      If only 1 province approved the law, NO AUTONOMOUS
REGION created, since the constitution requires more than one
province to constitute one (like what happened in the Cordillera
plebiscite)
5)      The question of which LGU’s shall constitute an autonomous
region is one which is exclusively for Congress to decide.
Section 16.  GENERAL SUPERVISION OVER AUTONOMOUS
REGIONS
By Whom:
The President
Purpose:
To ensure that the laws are faithfully executed.
Sec. 17.  All powers, functions and responsibilities not granted by this
Constitution or by law to the autonomous region shall be vested in
the
National Government.
Examples:        1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Note: It is an exclusive list.  Congress cannot, by law, add to the list
of impeachable offenses.
1. These officers cannot be charged in court with offenses
that have removal from office as penalty.
2. The President cannot be charged with murder.
3. A SC Justice cannot be disbarred because this would
disqualify him from his position.
4. BUT AFTER an official has been impeached, he can be
charged with the appropriate offense.
5. Resignation by an impeachable official does not place him
beyond the reach of impeachment proceedings; he can still
be impeached
All Other Public Officers and Employees
1.  They may be removed from office as provided by law
2.  BUT: NOT by impeachment
Section 3: PROCEDURE FOR IMPEACHMENT
Exclusive Power of House of Representatives
The House of Representatives has exclusive power to INITIATE all
cases of impeachment.

Section 20.  LEGISLATIVE POWERS Procedure:

The Organic Act of Autonomous Region shall provide for legislative 1.  Filling of verified complaint
powers over: 1. Can be filed by:
1)      Administrative organization; 1. Any member of the House of Representatives or
2)      Creation of sources of revenues; 2. Any citizen upon a resolution of endorsement by any
3)      Ancestral domain and natural resources Member of the House or
4)      Personal, family and property relations 3. By at least 1/3 of all the Members of the House of
5)      Regional, urban, and rural planning development; Representatives
6)      Economic, social, and tourism development; 2.)  Inclusion of complaint in the order of business with 10 session
7)      Educational policies; days
8)      Preservation and development of the cultural heritage; and 3.)  Referral to proper Committee within 3 session days thereafter
9)      Such other matters as may be authorized by law for the 4.)   Submission of Committee report to the House together with
promotion of the general welfare of the people of the region. corresponding resolution
1. There should be a hearing
Limitations: 2. There should be a majority vote of the members
1)      Subject to the provisions of the Constitution and national laws 3. The report should be submitted within 60 days from
2)      To be exercised within its territorial jurisdiction referral, after hearing, and by a majority vote of ALL its
members.
Section 21.  PRESERVATION OF PEACE AND ORDER/DEFENSE 5.)  Calendaring of resolution for consideration by the House
AND SECURITY Should be done within 10 session days from receipt thereof
Peace and Order 6.)   Vote of at least 1/3 of all Members of the House necessary to:
It shall be the responsibility of the local police agencies. 1. Affirm a favorable resolution with the Articles of
Defense and Security Impeachment of the Committee or
It shall be the responsibility of the national government. 2. To override its contrary resolution
Note: If the verified complaint or resolution of impeachment was filed
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS by at least 1/3 of all the Members of the House, it shall constitute the
  Articles of Impeachment.  Trial in the Senate shall proceed.
Section 1: PUBLIC OFFICE AS A PUBLIC TRUST 7.)        Trial in the Senate
Public officers and employees must at all times be accountable to the 1. Senate has the sole power to try and decide all cases of
people, serve them with utmost responsibility, integrity, loyalty and impeachment
efficiency, act with patriotism and justice and lead modest lives. 2. For this purpose, the Senators shall be under oath or
  affirmation
Section 2: IMPEACHMENT/REMOVAL FROM OFFICE 3. When the President of the Philippines is on trial, the CJ of
Impeachment: (as means of removal from office) the Supreme Court presides.  However, he/she will not vote.
8.)          Judgment of Conviction
1.  Who may be impeached: This requires the concurrence of 2/3 of all the Members of the
- President Senate
- VP 9.)          Effect of the Impeachment
- SC Justices 1. Removal from office of the official concerned
- Constitutional Commission members 2. Disqualification to hold any office under the Republic of the
- Ombudsman Philippines
3. Officer still liable to prosecution, trial, and punishment if the
2.  Grounds impeachable offense committed also constitutes a felony or
- Culpable violation of the Constitution crime.
- treason
- bribery Section 4: SANDIGANBAYAN
- graft and corruption
- other high crimes or Sandiganbayan = the anti-graft court
- betrayal of public trust
Sections 5-6, 8-14:  OFFICE OF THE OMBUDSMAN

Composition:
1.)                Ombudsman/Tanodbayan
2.)                Overall deputy
3.)                At least one Deputy each for Luzon, Visayas and
Mindanao
4.)                Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies)
1.)    Natural born citizen of the Philippines
2.)    At least 40 years old at time of appointment
3.)    Of recognized probity and independence
4.)    Member of the Philippine bar
5.)    Must not have been candidate for any elective office in the
immediately preceding election
6.)    For Ombudsman: He must have been for ten years or more
1. A judge or
2. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)
1.)    Cannot hold any other office or employment during his tenure
2.)    Cannot engage in the practice of any profession or in the active
management or control of any business which may be affected by
the functions of his office
3.)    Cannot be financially interested, directly or indirectly, in any
contract with or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies or instrumentalities,
including GOCCs or their subsidiaries.
Appointment
1.  Of Ombudsman and deputies
1. By the president from a list of at least 6 nominees prepared
by the Judicial and Bar Council. Vacancies will be filled from
a list of 3 nominees
2. Appointments do NOT require confirmation
3. All vacancies shall be filled within 3 months after they
occur.
2.  Of other officials and employees of the Office of the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1.  7 years with reappointment
2.  They are NOT qualified to run for any office in the election
immediately succeeding their cessation from office
Rank/Salaries:
1.  The Ombudsman has the rank of Chairman of a Constitutional
Commission
2.  The Members have the rank of members of a Constitutional
Commission
3.  Their salaries cannot be decreased during their term of office.
Powers, Functions and Duties of the Office of the Ombudsman
1.  Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when
such act or omission appears to be illegal, unjust, improper, or
inefficient.
1. The SC held that the power to investigate and prosecute
cases involving public officers and employees has been
transferred to the Ombudsman.
2. The Ombudsman may always delegate his power to
investigate.
3. The power to investigate includes the power to impose
preventive suspension.
4. This preventive suspension is not a penalty.
5. “INVESTIGATE” does not mean preliminary investigation.
6. The complaint need not be drawn up in the usual form.
7. The “ILLEGAL” act or omission need not be in connection
with the duties of the public officer or employee concerned.
8. ANY illegal act may be investigated by the Ombudsman.  or transferees shall NOT be barred by prescription, laches or
In this regard, the Ombudsman’s jurisdiction is
CONCURRENT with that of the regular prosecutors.
2.  Direct, upon complaint or at its own instance, any public official or
employee of the government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and expedite
any act of duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
1. The Ombudsman has PERSUASIVE POWER, and may
require that proper legal steps are taken by the officers
concerned.
2. The public official or employee must be employed in:
(I).       The Government
(II).      Any subdivision, agency, or instrumentality thereof; or
(III).     GOCC’s with original charters
1. The SC has held that the SP may prosecute before the
Sandiganbayan judges accused of graft and corruption, even
if they are under the Supreme Court.
3.)  Direct the officer concerned to take the appropriate action against
a public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
1. The Ombudsman does NOT himself prosecute cases
against public officers or employees.
2. Final say to prosecute still rests in the executive
department.
3. The Ombudsman or Tanodbayan may use mandamus to
compel the fiscal to prosecute.
4.)  Direct the officer concerned, in any appropriate case, and subject
to such limitations as may be provided by law to furnish it with copies
of documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds of properties,
and report any irregularity to COA for appropriate action.
5.) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
6.) Public matters covered by its investigation when circumstances
so warrant and with due process.
7.) Determine the cause of inefficiency, red tape, mismanagement,
fraud and corruption in the government and make recommendations
for their elimination and the observance of high standards of ethics
and efficiency
8.) Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.
Note: The Office of the Ombudsman also has the duty to act
promptly on complaints filed in any form or manner against public
officials or employees of the government, or any subdivision, agency
or instrumentality including GOCCs and their subsidiaries.  In
appropriate cases, it should notify the complainants of the action
taken and the result thereof.
Fiscal Autonomy
The Office of the Ombudsman enjoys fiscal autonomy.  Its approved
annual appropriations should be automatically and regularly
released.
Section 7:  OFFICE OF THE SPECIAL PROCECUTOR
1. Under the 1987 Constitution, the existing Tanodbayan became the
Office of the Special Prosecutor
2. Powers
1. It will continue to function and exercise its powers as now
or hereafter may be provided by law
2. Exception: Powers conferred on the Office of the
Ombudsman
3. The Office of the Special Prosecutor is subordinate to and acts
under the orders of the Ombudsman
Note: According to Jack, the SC was wrong because the ConCom
intended that the SP was to prosecute anti-graft cases.
 
Section 15: RECOVERY OF ILL-GOTTEN WEALTH
Prescription, Laches, Estoppel
1.)    The right of the State to recover properties unlawfully acquired
by public officials and employees from them or from their nominees
estoppel.
2.) Their right to prosecute criminally these officials and employees
may prescribe.
Section 16: PROHIBITION ON CERTAIN FINANCIAL 2.  Sustained increase in the amount of goods and services produced
TRANSACTIONS by the nation for the benefit of the people; and
3.  Expanding productivity, as the key to raising the quality of life for
Coverage: all.
This prohibition applies to:
1.)    President The State shall promote industrialization and full employment
2.)    Vice-President 1.  It should be based on sound agricultural development and
3.)    Members of the Cabinet agrarian reform
4.)    Members of Congress 2.  It should be through industries that make full and efficient use of
5.)    Members of Supreme Court human and natural resources.  Industries should also be competitive
6.)    Members of Constitutional Commissions in both domestic and foreign markets.
7.)    Ombudsman
8.)    Any firm or entity in which they have controlling interest Protection of Filipino enterprises
The State shall protect Filipino enterprises against unfair foreign
When prohibition applies: competition and trade practices.
Prohibition applies during their TENURE.
Role of Private Enterprises
Scope of prohibition: Private enterprises, including corporations, cooperatives, and similar
1.)    The above mentioned officials cannot obtain, directly or collective organizations, shall be encouraged to broaden the base of
indirectly for BUSINESS PURPOSES: their ownership
1. Loans
2. Guarantees Section 2. REGALIAN DOCTRINE
3. Other forms of financial accommodation
From: Distinction between Imperium and Dominium.
1. Government owned or controlled banks; or 1.  Imperium
2. Government owned or controlled financial institutions. Government authority possessed by the State which is appropriately
2.)    If the loan, etc, is NOT for business purpose, e.g. a housing embraced in sovereignty.
loan, the prohibition does not apply. 2.  Dominium
1. The capacity of the State to own and acquire property.
Section 17: Statements of assets, liabilities and net worth 2. It refers to lands held by the government in a proprietary
character: can provide for the exploitation and use of lands
When submitted: and other natural resources.
Public officer and employee shall submit a declaration under oath of
his assets, liabilities and net worth upon assumption of office and as Scope:
often as required under the law. The following are owned by the State:
1.  Lands of the public domain:
When declaration shall be disclosed to the public: Waters
These declarations shall be disclosed to the public in a manner Minerals, coals, petroleum, and other mineral oils;
provided by law in the case of: All sources of potential energy;
1.)    President Fisheries;
2.)    Vice-President Forests or timber;
3.)    Members of the Cabinet Wildlife;
4.)    Members of Congress Flora and fauna; and
5.)    Justices of the Supreme Court Other natural resources.
6.)    Members of Constitutional Commissions
7.)    Other constitutional offices Alienation of Natural Resources
8.)    Officers of the armed forces with general or flag rank 1.  General Rule:  All natural resources CANNOT be alienated
2.  Exception:  Agricultural lands
Section 18: Allegiance of public officers and employees
Exploration, Development and Utilization of Natural Resources
Allegiance to the State and to the Constitution 1.  Shall be under the full control and supervision of the State
2.  Means
Change in Citizenship/Immigrant Status A.  The state may DIRECTLY UNDERTAKE such activities
1.)    Incumbent public officers and employees who seek either: B. The state may enter into CO-PRODUCTION, JOINT VENTURE
1. Change his citizenship; or OR PRODUCTION-SHARING arrangements with
2. Acquire immigrant status in another country 1. Filipino citizen or
Shall be dealt with by law. 2. Corporation or association at least 60% of whose capital is
2.)    If Philippine citizenship is one of the qualifications to the office, owned by such citizens
the loss of such citizenship means the loss of the office by the 3.  Limitations:
incumbent. A.  Period:  It should not exceed 25 years, renewable for not more
3.)    The Election Code provides the rules with respect to non- than 25 years
incumbents, i.e. persons running for elective offices. B.  Under terms and conditions as may be provided by law.
1. The Code provides that permanent residents of or 4. In case of water rights/water supply/fisheries/industrial uses other
immigrant to a foreign country cannot file certificates of than the development of water power
candidacy unless they expressly waive their status as such The beneficial use may be the measure and limit of the grant.
This renunciation must be some other than, and prior to, the filling of
the certificate of candidacy. Small-scale Utilization of Natural Resources
1. Congress may, by law, authorize small-scale utilization of natural
ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY resources by Filipino citizens
  2. Congress may also authorize cooperative fish farming with priority
Sec. 1.  GOALS OF THE NATIONAL ECONOMY given to subsistence fishermen and fishworkers in the rivers, lakes,
bays and lagoons.
Three-fold goal: Large-Scale Exploration, Development and Utilization of
1.  More equitable distribution of opportunities, income and wealth; Minerals/Petroleum/Other Mineral Oils
1.  The President may enter into agreements with foreign owned
corporations involving technical or financial assistance for large-scale
exploration etc. of minerals, petroleum, and other mineral oils.  These
agreements should be in accordance with the general terms and
conditions provided by law.
2.  They should be based on the real contributions to economic
growth and general welfare of the country.
3.  In the agreements, the State should promote the development
and use of local scientific and technical resources.
4.  The President should notify Congress of every contract under this
provision within 30 days from its execution.
5.  Management and service contracts are not allowed under this
rule.
Protection of Marine Wealth
1.  The State shall protect its marine wealth in its
Archipelagic waters
Territorial sea &
EEZ
2.  The State shall reserve its use and enjoyment exclusively to
Filipino citizens.
Section 3.  LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED
INTO
1.  Agricultural
2.  Forest/timber
3.  Mineral lands &
4.  National Parks
Note:
1.  Classification of public lands is an exclusive prerogative of the
Executive Department through the Office of the President, upon
recommendation by the DENR.
2.  Classification is descriptive of the legal nature of the land and
NOT what it looks like.  Thus, the fact that forest land is denuded
does not mean it is no longer forest land.
Alienable lands of public domain
1.  Only agricultural lands are alienable.
2.  Agricultural lands may be further classified by law according to the
uses to which they may be devoted.
Limitations regarding Alienable Lands of the Public Domain
1.  For private corporations or associations
A.  They can only hold alienable lands of the public domain BY
LEASE
            B.  Period:  Cannot exceed 25 years, renewable for not more
than 25 years
C.  Area:  Lease cannot exceed 1,000 hectares
Note:  A  corporation sole is treated like other private corporations for
the purpose of acquiring public lands.
2.  For Filipino citizens
A.  Can lease up to 500 hectares
B.   Can ACQUIRE not more than 12 hectares by purchase,
homestead or grant.
Taking into account the requirements of conservation, ecology and
development, and subject to the requirements of agrarian reform,
Congress shall determine by law the size of the lands of the public
domain which may be acquired, developed, held or lease and the
conditions therefore.
Means by Which Lands of the Public Domain Become Private Land
1.  Acquired from government by purchase or grant;
2.  Uninterrupted possession by the occupant and his predecessors-
in-interest since time immemorial; and
3.  Open, exclusive, and undisputed possession of ALIENABLE
(agricultural) public land for a period of 30 years.
A.  Upon completion of the requisite period, the land becomes private
property ipso jure without need of any judicial or other sanction.
B.  Here, in possession since time immemorial, presumption is that
the land was never part of public domain.
C.  In computing 30 years, start from when land was converted to
alienable land, not when it was still forest land
D.  Presumption is that land belongs to the State.
Section 4.  Congress shall, as soon as possible, determine by law,
the specific limits of forest lands and national parks, marking clearly
their boundaries on the ground.  Thereafter, such forest lands and
national parks shall be conserved and may not be increased or
diminished, EXCEPT by law.  Congress shall provide measures to
prohibit logging in
1. a.      Endangered forest and
2. b.      Watershed areas for such period as it may determine.
Section 5.  ANCESTRAL LANDS
Protection of Indigenous Cultural Communities
1.  The State protects the rights of indigenous cultural communities to
their ancestral lands
A.  Subject to Constitutional provisions
B.  Subject to national development policies and programs
2.  In determining ownership and extent of ancestral domain,
Congress may use customary laws on property rights and relations.
3.  “ANCESTRAL DOMAIN”
A.  It refers to lands which are considered as pertaining to a cultural
region
B.  This includes lands not yet occupied, such as deep forests.
Section 7.  PRIVATE LANDS
General rule
1.  Private lands CAN only be transferred or conveyed to:
A.  Filipino citizens
B. Corporations or associations incorporated in the Philippines, at
least 60% of whose capital is owned by Filipino citizens
2.  Exceptions
A.  In intestate succession, where an alien heir of a Filipino is the
transferee of private land.
B.  A natural born citizen of the Philippines who has lost his
Philippine citizenship may be a transferee of PRIVATE ALND,
subject to limitation provided by law.  Hence, land can be used only
for residential purposes.  In this case, he only acquires derivative
title.
C.  Foreign states may acquire land but only for embassy and staff
residence purposes.
3.  Filipino citizenship is only required at the time the land is
acquired.  Thus, loss of citizenship after acquiring the land does not
deprive ownership.
4.  Restriction against aliens only applies to acquisition of ownership. 
Therefore:
A.  Aliens may be lessees or usufructuaries of private lands
B.  Aliens may be mortgages of land, as long as they do not obtain
possession thereof and do not bid in the foreclosure sale.
5.  Land tenure is not indispensable to the free exercise of religious
profession and worship.  A religious corporation controlled by non-
Filipinos cannot acquire and own land, even for religious purposes.
Remedies to recover private lands from disqualified aliens:
1.  Escheat proceedings
2.  Action for reversion under the Public Land Act
3.  An action by the former Filipino owner to recover the land
A.  The former pari delicto principle has been abandoned
B.  Alien still has the title (didn’t pass it on to one who is qualified)
Section 10.  NATIONAL ECONOMY AND
PATRIMONY/INVESTMENTS
Power of Congress
1.  Congress, upon the recommendation of NEDA, can reserve to
Filipino citizens or to corporations or associations at least 60% of
whose capital is owned by such citizens, or such higher percentage
as Congress may prescribe, certain areas of investment.  This may
be done when the national interest dictates.
2.  Congress shall also enact measures to encourage the formation
and operation of enterprises whose capital is wholly owned by
Filipinos.
National Economy and Patrimony
In the grant of rights, privileges and concessions covering the
national economy and patrimony, the State shall give preference to
QUALIFIED Filipinos.

Section 11.  FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
1.  Congress may directly grant a legislative franchise; or
2. Power to grant franchises may be delegated to appropriate
regulatory agencies and/or LGU’s
Public utility
1.  In order to be considered as a public utility, and thus subject to
this provision, the undertaking must involve dealing directly with the
public.
2.  Thus, a Build-Operate-Transfer grantee is NOT a public utility.  2. Corporations incorporated in RP, with 60% Filipino ownership;
The BOT grantee merely constructs the utility, and it leases the same
to the government.  It is the government which operates the public
utility (operation separate from ownership).
To whom granted:
1.  Filipino citizens or
2.  Corporations or associations incorporated in the Philippines and
at least 60% of the capital is owned by Filipino citizens.
Terms and conditions:
1.  Duration:  Not more than 50 years
2.  Franchise is NOT exclusive in character
3.  Franchise is granted under the condition that it is subject to
amendment, alteration, or repeal by Congress when the common
good so requires.
Participation of Foreign Investors
1. The participation of foreign investors in the governing body of any
public utility enterprise shall be limited to their proportionate share in
its capital.
2.  Foreigners cannot be appointed as the executive and managing
officers because these positions are reserved for Filipino citizens.
Section 16.  FORMATION/ORGANIZATION/REGULATION OF
CORPORATIONS
1.  Private corporations
Congress can only provide for the formation, etc of private
corporations through a general law.
2.  GOCC’s
They may be created by:
a. Special charters in the interest of the common good and subject to
the test of  economic viability.
b. By incorporation under the general corporation law.
Sections 18-19.  SPECIAL ECONOMIC POWERS OF THE
GOVERNMENT
1.  Temporary takeover or direction of operations:
A.  Conditions
i.  National emergency and
ii.  When the public interest requires
B.  May be used against privately owned public utilities or businesses
affected with public interest.
C.  Duration of the takeover:  period of emergency
D.  Takeover is subject to reasonable terms and conditions
E.  No need for just compensation because it is only temporary.
2.  Nationalization of vital industries:
A.  Exercised in the interest of national welfare or defense
B.  Involves either:
i.  Establishment and operation of vital industries; or
ii. Transfer to public ownership, upon payment of just compensation,
public utilities and other private enterprises to be operated by the
government.
Section 19.  MONOPOLIES
1.  The Constitution does NOT prohibit the existence of monopolies.
2. The State may either regulate or prohibit monopolies, when public
interest so requires.
3.  Combinations in restraint of trade or unfair competition are
prohibited.
Filipino citizenship or equity requirements:
 
ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITY
Exploitation of natural resources
1. Filipino citizens; or
2. Corporations incorporated in
RP, with 60% Filipino ownership
Operation of Public Utilities
1. Filipino citizens; or
2. Corporations incorporated in
RP, with 60% Filipino ownership
 
Acquisition of alienable lands of the public domain
1.  Filipino citizens;
3.  Former natural-born citizens of RP, as transferees, with certain
legal restrictions; and
4.  Alien heirs as transferees in case of intestate succession.
Practice of ALL Professions                            Filipino citizens only
(natural persons)
*Congress may, by law, otherwise prescribe
 
Mass Media                                                             1.  Filipino
citizens; or
2. Corporations incorporated in RP, and 100% Filipino owned
 
Advertising                                                            1.  Filipino citizens;
or
2. Corporations incorporated in RP, and 70% Filipino owned.
 
Educational institution                                     1.  Filipino citizens; or
2. Corporations incorporated in RP, with 60% Filipino ownership
EXCEPT:  Schools established by religious groups and mission
boards.
*Congress may, by law, increase Filipino equity requirements for ALL
educational institutions.
 
Other economic activities                                Congress may, by law,
reserve to Filipino citizens or to corporations 60% Filipino owned (or
even higher) certain investment areas.
ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS
Social Justice
1)   Social justice in the Constitution is principally the embodiment of
the principle that those who have less in life should have more in law.
2)   The 1987 Constitution advances beyond what was in previous
Constitutions in that it seeks not only economic social justice but also
political social justice.
Principal activities in order to achieve social justice
1)   Creation of more economic opportunities and more wealth; and
2)   Closer regulation of the acquisition, ownership, use and
disposition of property in order to achieve a more equitable
distribution of wealth and political power.
Labor
 Section 3 of Article XIII elaborates on the provision in
Article II by specifying who are protected by the Constitution,
what rights are guaranteed, and what positive measures the
state should take in order to enhance the welfare of labor.
Right to organize and to hold peaceful concerted activities
 Ø The right to organize is given to all kinds of workers
BOTH in the PRIVATE and PUBLIC sectors.
 Ø The workers have a right to hold peaceful concerted
activities except the right to strike, which is subject to
limitation by law.
Right to participate in the decision making process of employers
The workers have the right to participate on matters affecting their
rights and benefits, “as may be provided by law”.  This participation
can be through
1)               collective bargaining agreements,
2)               grievance machineries,
3)               voluntary modes of settling disputes, and
4)               conciliation proceedings mediated by government.
Agrarian Reform
Goals:
Agrarian reform must aim at
1)  efficient production,
2)  a more equitable distribution of land which recognizes the right of
farmers and regular farmworkers who are landless to own the land
they till, and
3)  a just share of other or seasonal farmworkers in the fruits of the
land.
CARL as an exercise of police power and power of eminent domain
 To the extent that the law prescribes retention limits for
landowners, there is an exercise of police power. But where
it becomes necessary to deprive owners of their land in
excess of the maximum allowed there is compensable taking
and therefore the exercise of eminent domain.
Reach of agrarian reform
 It extends not only to private agricultural lands, but also to
“other natural resources,” even including the use and
enjoyment of “communal marine and fishing resources” and
“offshore fishing grounds”.
The Commission on Human Rights
Composition:
1)   Chairman; and
2)   4 members
Qualifications:
1)   Natural-born citizens of the Philippines;
2)   Majority of the Commission must be members of the Philippine
Bar;
3)  Term of office, other qualifications and disabilities shall be
provided by law;
4)  The appointment of the CHR members is NOT subject to CA
confirmation; and
5)  The CHR is not of the same level as the COMELEC, CSC, or
COA.
Powers:
1)  Investigate all forms of human rights violations involving civil or
political rights
A. Violations may be committed by public officers or by civilians or
rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human
rights violations.
D. They cannot investigate cases where no rights are violated.
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.
3)  Cite for contempt for violations of its rules, in accordance with the
Rules of Court.
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 provide for preventive measures and
legal aid services to the underprivileged whose human rights have
been violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human
rights violations.
B. They can recommend the prosecution of human rights violators,
but it cannot itself prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions
against alleged human rights violators. These must be obtained from
the regular courts.
5)  Exercise visitorial powers over jails, prisons and other detention
facilities.
6) Establish continuing programs for research, education and
information in order to enhance respect for the primacy of human
rights.
7)  Recommend to Congress effective measures to promote human
rights and to provide compensation to victims of human rights
violations or their families.
8)  Monitor compliance by the government with international treaty
obligations on human rights.
9) Grant immunity from prosecution to any person whose testimony
or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or
agency in the performance of its functions.
11)  Appoint its officers and employers in accordance with law.
12)  Perform such other functions and duties as may be provided for
by law
ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY,
ARTS, CULTURE, AND SPORTS
 
Education
Goals of the State:
The State shall promote and protect:
1) The right to quality education at all levels;
2) The right to affordable and accessible education; and
3) Education that is relevant to the needs of people and society.
Right to Education and Academic Freedom
The right to education must be read in conjunction with the academic
freedom of schools to require “fair, reasonable, and equitable
admission requirements.”
Power to Dismiss Students
1) Schools have the power to dismiss students, after due process, for
disciplinary reasons.
2)  Acts committed outside the school may also be a ground for
disciplinary action if:
a) It involves violations of school policies connected to school-
sponsored activities; or
b) The misconduct affects the student’s status, or the good name or
reputation of the school.
Regulation of Right to Education
The right to education in particular fields may be regulated by the
State in the exercise of its police power, e.g. the State may limit the
right to enter medical school by requiring the applicants to take the
NMAT.
Free Education
1) The State shall maintain a system of free education in:
a) Elementary level, and
b) High school level.
2) Elementary education is compulsory for all children of school age.
However, this is a moral rather than a legal compulsion.
Educational Institutions
I. Filipinization
A. Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission
boards.
3). Congress may increase Filipino equity requirements in ALL
educational institutions.
B. Control and Administration:
1). Must be vested in Filipino citizens
2). Refers to line positions, such as President, Dean, Principal, and
Trustees
3). Faculty members may be foreigners.
C.  Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens.
Aliens can only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic
personnel and their dependents, and unless otherwise provided for
by law for other foreign temporary residents.
II. Tax Exemptions
A. Non-stock, non-profit educational institutions:
1) All revenues and assets actually, directly and exclusively used for
educational purposes are exempt from taxes and duties.
2) This is self-executory
 
B. Proprietary educational institutions, including cooperatives:
1) Entitled to exemptions as may be provided by law, including
restrictions on dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and contributions actually, directly
and exclusively used for educational purposes are exempt from
taxes, subject to conditions prescribed by law.
III. Academic Freedom
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach,
2) What may be taught,
3) How it shall be taught, and
4) Who may be admitted to study.
B. Faculty members
1) Full freedom in research and in the publication of the results,
subject to the adequate performance of their other academic duties.
2) Freedom in the classroom in discussing their subjects, but they
should be careful not to introduce into their teaching controversial
matter which has no relation to their subjects.
3) When faculty members speak or write in their capacity as citizens,
then they are free from institutional censorship or discipline.
C. Students
They have the right to enjoy in school the guarantees of the Bill of
Rights.
D. Limitations
1) Dominant police power of the State
2) Social interest of the community
E. Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute.  Congress is free to
determine what should be given budgetary priority in order to enable
it to respond to the imperatives of national interest and for the
attainment of other state policies or objectives.
Religious Education in Public Schools:
Religion may be taught in public schools subject to the following
requisites:
1) Express written option by parents and guardians;
2) Taught within regular class hours;
3) Instructors are designated and approved by the proper religious
authorities; and
4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.
Section 6. Language
1) National language: Filipino
2) Official Languages: Filipino, and unless otherwise provided by law,
English.
3) Regional languages are auxiliary to the official languages.
4 (Spanish and Arabic are promoted only on an optional and
voluntary basis.
ARTICLE XVI – GENERAL PROVISIONS
 
Sections 1-2. Symbols of Nationality
1) Flag
 Red, white, and blue.
 With a sun and 3 stars
 The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a
NATIONAL REFERENDUM.
Section 3.  State Immunity
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a).  The Republic is sued by name;
b).  Suits against an un-incorporated government agency;
c).  Suit is against a government official, but is such that ultimate
liability shall devolve on the government
i.  When a public officer acts in bad faith, or beyond the scope of his
authority, he can be held personally liable for damages.
ii.  BUT:  If he acted pursuant to his official duties, without malice,
negligence, or bad faith, they are not personally liable, and the suit is
really one against the State.
3) This rule applies not only in favor of the Philippines but also in
favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader,
with the State as one of the defendants being compelled to
interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of
its agencies.
2). Examples:
a). A law creating a government body expressly providing that such
body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the
State when it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within
the scope of his authority.
b). UNLESS:  The contract is merely incidental to the performance of
a governmental function.
2). The State enters into an operation that is essentially a business
operation.
a). UNLESS:  The operation is incidental to the performance of a
governmental        function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a
GOCC, the latter can generally be sued, even if its charter contains
no express “sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business
operations and have charters which grant them a separate juridical
personality.
4). The State files suit against a private party.
UNLESS:  The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE:  NO.  Whether the money is deposited by way
of general or special deposit, they remain government funds and are
not subject to garnishment.
2) EXCEPTION:  A law or ordinance has been enacted appropriating
a specific amount to pay a valid government obligation, then the
money can be garnished.
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 State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be
satisfied by writs of execution or garnishment against public funds. 
Reason:  No money shall be paid out of the public treasury unless
pursuant to an appropriation made by law.
Section 4.  THE ARMED FORCES OF THE PHILIPPINES
Composition:
A citizen armed force
Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan
political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a
civilian position in the government, including GOCCs or their
subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years
2) EXCEPTION:  In times of war or other national emergency as
declared by Congress, the President may extend such tour of duty.
ARTICLE XVII- AMENDMENTS OR REVISIONS
 
Definitions:
1) Amendment:  an alteration of one or a few specific provisions of
the Constitution.  Its main purpose is to improve specific provisions of
the Constitution.  The changes brought about by amendments will
not affect the other provisions of the Constitution.
2) Revision:  An examination of the entire Constitution to determine
how and to what extent it should be altered.  A revision implies
substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1)      Constituent power is the power to formulate a Constitution or to
propose amendments to or revisions of the Constitution and to ratify
such proposal. Legislative power is the power to pass, repeal or
amend or ordinary laws or statutes (as opposed to organic law).
2)      Constituent power is exercised by Congress (by special
constitutional conferment), by a Constitutional Convention or
Commission, by the people through initiative and referendum, and
ultimately by sovereign electorate, whereas legislative power is an
ordinary power of Congress and of the people, also through initiative
and referendum.
3)      The exercise of constituent power does not need the approval
of the Chief Executive, whereas the exercise of legislative power
ordinarily needs the approval of the Chief Executive, except when
done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and
revisions:
1) Proposal of amendments or revisions by the proper constituent
assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its
members.
 The power of Congress to propose amendments is NOT
part of its ordinary legislative power.
 The only reason Congress can exercise such power is that
the Constitution has granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or
ConCon) should initiate amendments and revisions is left to the
discretion of Congress.  In other words, it is a political question.
3) BUT:  The manner of calling a ConCon is subject to judicial
review, because the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon
but does not provide the details for the calling of such ConCon,
Congress – exercising its ordinary legislative power – may supply
such details.  But in so doing, Congress (as legislature) should not
transgress the resolution of Congress acting as a constituent
assemble.
5) Congress, as a constituent assembly and the ConCon have no
power to appropriate money for their expenses.  Money may be
spent from the treasury only to pursuant to an appropriation made by
law.
C. People’s Initiative
1) Petition to propose such amendments must be signed be at least
12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the
registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1)      While the substance of the proposals made by each type of
constituent assembly is not subject to judicial review, the manner the
proposals are made is subject to judicial review.
2)      Since these constituent assemblies owe their existence to the
Constitution, the courts may determine whether the assembly has
acted in accordance with the Constitution.
3)      Examples of justiciable issues:
a)      Whether a proposal was approved by the required number of
votes in Congress (acting as a constituent assembly).
b)      Whether the approved proposals were properly submitted to
the people for ratification.
Proposal of Revisions
1)      By Congress, upon a vote of 3/4 of its members
2)      By a constitutional convention
Ratification
1)      Amendments and revisions proposed by Congress and/or by a
ConCon:
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
from the approval of such amendments or revisions.
2)      Amendments proposed by the people via initiative:   
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 the certification by COMELEC of the petition’s sufficiency
3)      Requisites of a valid ratification:
a)      Held in a plebiscite conducted under the election law;
b)      Supervised by the COMELEC; and
c)      Where only franchised voters (registered) voters take part.
4)      Issues regarding ratification:
a)      The Constitution does not require that amendments and
revisions be submitted to the people in a special election. Thus, they
may be submitted for ratification simultaneously with a general
election.
b)      The determination of the conditions under which proposed
amendments/revisions are submitted to the people falls within the
legislative sphere. That Congress could have done better does not
make the steps taken unconstitutional.
c)      All the proposed amendments/revisions made by the
constituent assemblies must be submitted for ratification in one
single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.
d)      Presidential proclamation is NOT required for effectivity of
amendments/revisions, UNLESS the proposed
amendments/revisions so provide.
ARTICLE XVIII – TRANSITORY PROVISIONS
 
Effectivity of the 1987 Constitution
 The 1987 Constitution took effect immediately upon its
ratification.
 According to the SC, this took place on February 2, 1987,
which was the day the people cast their votes ratifying the
Constitution.
 Special election – is when there is failure of election on the
Military bases agreements scheduled date of regular election in a particular place or which is
1)      Renewals of military bases agreements must be through a conducted to fill up certain vacancies, as provided by law.
strict treaty.
2)      Ratification of the agreement in a plebiscite is necessary only Political Parties
when Congress so requires.
3)      Section 25 of Article XVIII allows possible local deployment of Definition (Omnibus Election Code)
only AMERICAN forces. An organized group of persons pursuing the same ideology, political
ideas or platforms of government including its branches and
divisions.

Types of Political Parties

1) Registered Parties:
1. Dominant Majority  Party – usually the administration party;
entitled to a copy of election return
2. Dominant Minority Party – entitled to a copy of election
return
3. Majority Political Party
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

Criteria to Determine the Type of Political Party

1. Established Record of the said parties, showing in past
elections
2. Number of Incumbent Elective Officials
3. Identifiable political organizations and strengths
4. Ability to fill a complete slate of candidates
5. Other analogous circumstances

Grounds for Challenging the Voter

1. Illegal voters ( Not Registered / Using the name of
another / disqualified )
2. Based on certain illegal acts (Vote buying)

Acquisition of Juridical Personality

It is acquired upon registration with the COMELEC.

Forfeiture of Status as a Registered Political Party

The status shall be deemed forfeited if the political party, singly or in
coalition with others, fails to obtain at least 10% of the votes cast in
the constituency in which it nominated and supported a candidate/s
in the election next following its registration. There shall be notice
and hearing.

Candidates

Rules on Filing of Certificates of Candidacy

1. No person shall be elected into public office unless he files
his certificate of candidacy within the prescribed period
2. No person shall be eligible for more than one office. If
ELECTION LAWS he/she files for more than one position, he shall not be
eligible for all unless he cancels all and retains one
Election 3. The certificate of candidacy shall be filed by the candidate
 Embodiment of the popular will, the expression of the personally or by his duly authorized representative.
sovereign power of the people. 4. Upon filing, an individual becomes a candidate, he is
already covered by rules, restrictions and processes
Components involving candidates.
 Choice or selection of candidates to public office by
popular vote Grounds for Disqualification
1. Election offenses under Sec 68 of the Omnibus Election
 Conduct of the polls
Code (OEC)
 Listing of votes
2. Not possessing qualifications and possessing
 Holding of Electoral campaign disqualifications under the Local Government Code
 Act of casting and receiving the ballots from the voters 2.1   Sentenced by final judgment for an offense involving moral
 Counting the ballots turpitude or for an offense punishable by one year or more of
 Making the election returns imprisonment within two years after serving sentence
 Proclaiming the winning candidates 2.2   Removed from office as a result of an administrative case
2.3   Convicted by final judgment for violating the oath of allegiance
Regular election – refers to an election participated in by those who to the Republic
possess the right of suffrage and not disqualified by law and who are 2.4   Dual citizenship ( more specifically, dual allegiance)
registered voters. 2.5   Fugitives from justice in criminal or non-political cases here or
abroad
2.6   Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the same
right
2.7   Insane or feeble-minded
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of
candidacy
3. Violation of sec 78 which is material misrepresentation of
reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding
the office if already elected):
Any candidate, who in an action or protest in which he is a party is
declared by final decision of a competent court guilty of, or is found
by the Commission of having:
1. Given money or other material consideration to influence,
induce or corrupt the voters or public officials performing
electoral functions.
2. Committed acts of terrorism to enhance his  candidacy
3. Spent in his election campaign an amount in excess of that
allowed by the Omnibus Election Code )
4. Solicited, received or made any contribution prohibited
under this Code
5. Violated any of the following sections: Section 80, 83,
85,86,261
6. Permanent resident of or an immigrant to a foreign country
shall not be qualified to run for any elective office UNLESS
he/she has waived his/her status as a permanent
resident/immigrant of a foreign country in accordance with
the residence requirement provided for under election laws.
Effect of a Disqualification case (under RA 6646)
1. Any candidate who has been declared by final judgment to
be disqualified shall NOT be voted for. The votes cast in his
favor shall not be counted.
2. If the candidate is not disqualified by final judgment before
the election and receives the highest number of votes in the
election, the court or COMELEC will continue with the trial
and hearing of the action, inquiry or protest.  Upon motion of
the complainant or intervenor, the court or COMELEC may
order the suspension of the proclamation of the candidate
whenever the evidence of his guilt is strong.
Nuisance Candidates
A.   The term refers to candidates who have no bona fide intention to
run for the office for which the certificate of candidacy has been filed
and would thus prevent a faithful determination of the true will of the
people.
B. Power of COMELEC
1. May refuse to give due course to or cancel a certificate of
candidacy of a nuisance candidate.  This can be done motu
proprio or upon verified petition of an interested party.
2.There should be a showing that:
1. Certificate of candidacy has been filed to put the election
process in mockery/disrepute or
2. To cause confusion among the voters by the similarity of
the names of the registered candidates
3. Other circumstances which clearly demonstrate that the
candidate has no bona fide intention to run for the office…
Petition to deny due course to or to cancel a Certificate of Candidacy
A. Exclusive ground:  A material representation in the certificate of
candidacy is false.
B. The petition should be filed not later than 25 days from the filing of
the certificate of candidacy.
C. It should be decided not later than 15 days before the election,
after due notice and hearing.
Election Campaign/Partisan Political Activity
Ø  Definition
1) It refers to an act designed to promote the election or defeat of a
particular candidate/s to a public office
2) It includes:
A. Forming organizations, associations, clubs, committees or other
groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate.
B.  Holding political caucuses, conferences, meetings, rallies,
parades or other similar assemblies for the purpose of soliciting votes
and/or undertaking any campaign or propaganda for or against a
candidate.
C. Making speeches, announcements or commentaries or holding
interviews for or against the election of any candidate for public
office.
D.  Publishing or distributing campaign literature or materials
designed to support or oppose the election of any candidate.
E.  Directly or indirectly soliciting votes, pledges or support for or
against a candidate.
3) When the acts enumerated above are NOT considered an election
campaign/partisan political activity.
If the acts are performed for the purpose of enhancing the chances of
aspirants for nomination for candidacy to a public office by a political
party, aggroupment, or coalition of parties. 
RA 9006 – FAIR ELECTION ACT
Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official,
whether national or local, running for any office other than the one
which he is holding in a permanent capacity shall not be considered
ipso facto resigned from his office upon the filing of his certificate of
candidacy.
2)  Lifting of the Political Ad Ban –   Written and Printed Materials
(8.5” W x 14L”)
Letters
Posters (2’ x 3’) in common-private poster areas ( not  more than 10
public places per political party or independent candidate, 12’ 16’),
private places and public places
Rally streamers (3’ x 8’) NOT MORE THAN 2
Paid Advertisements at Discounted Rates
Print : 1/4th page in broadsheet and ½ page in tabloid 3x a week
Television: 120 minutes for candidate for nationally elective office
and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90
for local
COMELEC free space (3 national newspaper for nationally elective
officials and 1 national newspaper for local) and airtime
(3 national television networks for nationally elective officials and 1
station for local ) : equal allocation for all candidates for 3 calendar
days
Authorized Expenses ( multiplied with the total number of registered
voters )
 P 10 for president / vice president
 P  3  for other candidates for every voter currently
registered in the constituency
 P  5  for independent candidates and political parties
Voters
Qualifications
 Age: 18 years old and over.
 Residence
1. He /she should have resided in the Philippines for one year
and
2. Resided in the city/municipality wherein he proposes to
vote for at least 6 months immediately preceding the
election.
Residence Requirement
If the transfer of residence is due to any of the following reasons, the
person concerned will be deemed NOT to have lost his original
residence:
A.  Transfer solely because of occupation, profession, employment in
private or public service
B.  Educational activities
C.  Work in military or naval reservations
D.  Service in the army, navy or air force, national police force
E.  Confinement/detention in government institutions in accordance Postponement of Election
with law. Causes
 Violence
*  RA 8189 – VOTER”S REGISTRATION ACT OF 1996  Terrorism
Q: Can there still be general registration of voters?  Loss or destruction of election paraphernalia/records
A: No more, because 8189 (7) provides for such only for the May ’98  Force majeure
elections  Other analogous causes
Q: What kind of registration system do we have? Effect
A: Continuing, Computerized and Permanent It is impossible to hold a free, orderly and honest election in any
Disqualifications political subdivision
A.  If sentenced by final judgment to suffer imprisonment for not less
than 1 year and such disability was not removed by plenary pardon COMELEC can postpone the election (when decided by a majority
or has not been granted amnesty. However, any person disqualified vote of the COMELEC sitting en banc, RA 7166):
to vote shall automatically reacquire the right to vote upon expiration A. Motu proprio
of 5 years after service of sentence. B. Upon a verified petition by any interested party, after due notice
B.  Any person who has been adjudged by final judgment by and hearing
competent court or tribunal of having committed any crime involving
disloyalty to the duly constituted government such as rebellion or any Date of new election
crime against national security: The date of the postponed election should be reasonably close to the
1. UNLESS restored to his full civil and political rights in accordance date of the election not held, suspended, or which resulted in a
with law. failure to elect.  It should not be later than 30 days after the cessation
2. However, he shall regain his right to vote automatically upon of the cause for such postponement or suspension of the election or
expiration of 5  years after service of sentence. failure to elect.
C.  Insane or incompetent persons as declared by competent
authority. Failure of Election
Jurisdiction in Inclusion/Exclusion cases Causes
A. The municipal and metropolitan trial courts shall have original and  Force majeure
exclusive jurisdiction over all matters of inclusion and exclusion of
 Violence
voters from the list in their respective municipalities or cities. Petition
 Terrorism
filed at any time except 105 days before regular election or 75 days
before special election  Fraud
B. Decisions may be appealed to the RTC within 5 days from receipt  Other analogous causes
of notice of decision.
C.  RTC will decide the appeal within 10 days. Decision is final and Under RA 7166, the causes for the declaration of the failure of
executory. election may occur before or after the casting of votes or on the day
D.  Note: Relate this to Article IX of the Constitution which provides of the election.
that the COMELEC has no jurisdiction over questions involving the Effects of above causes
right to vote. A. Election in any polling place was not held on the date fixed;
E. Exclusion is through sworn petition and not later than 100 days B. Election was suspended before the hour fixed by law for the
before regular election; 65 days before special election closing of the voting
C. Elections results in a failure to elect (after the voting and during
Grounds when the List of Voters will be altered: the preparation and          transmission of the election returns or in
 Deactivation/ Reactivation the custody or canvass thereof)
AND the failure or suspension of the election would affect the result
 Exclusion/ Inclusion
of the election
 Cancellation of Registration in case of Death
 New voters Remedy
 Annulment of Book of Voters COMELEC can call for the holding or continuation of the election not
 Transfer of Residence held, suspended, or which resulted in a failure to elect.  The election
should be held not later than 30 days after the cessation of the
How is challenge to right to register effected? cause  of the postponement or suspension of the election or failure to
Who – any voter, candidate, political party representative elect. This is decided by the COMELEC, by a majority vote of its
How – in writing, stating grnds, under oath, proof of notice of hearing members, sitting en banc.

Deactivation means removing the registration records of persons RA 7941 – Party-List System Act
from the precinct book of voters and place the same, properly
marked and dated in indelible ink, in the inactive file after entering the  Seeks to promote proportional representation
cause of deactivation.  Any party already registered need not register anew. File
manifestation not later than 90 days before election.
How is reactivation of registration effected ?
Sworn application for reactivation Grounds for refusing or canceling registration of Party-Lists groups
Affidavit 1. Religious sect or denomination, organization
Not later than 120 days before regular election and 90 days before 2. Advocates violence
special election 3. Foreign party or organization
4. Receives foreign support
Annulment of Book of Voters is through verified petition; notice and 5. Violates election law
hearing; not prepared in accordance with law or prepared through 6. Untruthful statements in its petition
fraud, bribery, forgery, impersonation, intimidation, force, any similar 7. Ceased to exist for at least one year
irregularity or which contains data that are statistically improbable 8. Failed to participate in the last two preceding elections or
Cannot be done within 90 days before election fails to 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 registered
 Nomination of party-list reps should not include any candidate for
any elective office or a person who has lost his bid for an elective
office in the immediately preceding election
Incumbent sectoral representatives in the House of
Representatives who are nominated in the party-list system shall not
be considered resigned
Party List Reps constitute 20% of the total number of the members of
the House of Reps including those under the party-list
How do we determine the number of party list seats in the House of
Reps?
(# of District Reps / 0.80) x 0.20 = # of party list reps
 There are presently 208 legislative districts, according to
the Veterans Federation Case
 The 5 major political parties are now entitled to participate
in the party list system
 Parties receiving at least 2% of the total votes cast for the
party-list system shall be entitled to one seat each
 No party shall be entitled to more than 3 seats
 Currently, there are 260 seats. So 20 % of 260 is 52 seats.
But this is only a ceiling.
 A list with 5 names should be submitted to COMELEC as
to who will represent the party in the Congress. Ranking in
the list submitted determines who shall represent party or
organization.
Rules for Appreciation of Ballots
 Liberal Construction in favor of the validity of the ballot
 Look at the ticket slate, consider locality or literacy rate
 Rule 211 of the OEC
 Incumbency / Surname
 Cannot ascertain – STRAY VOTE
Pre-Proclamation Controversies
Definition
1. A pre-proclamation controversy refers to any question
pertaining to or affecting the proceedings of the board of
canvassers which may be raised by any candidate or by any
registered political party or coalition of political parties before
the board or directly with the COMELEC.
1. It would also refer to any matter raised under Sections 233,
234, 235, and 236 of the Omnibus Election Code in relation
to the preparation, transmission, receipt, custody, and
appreciation of the election returns.  (Board of canvassers
have original jurisdiction while COMELEC have appellate
jurisdiction)
1. When election returns are delayed, lost or
destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered
with or falsified. (Sec. 235)
4. Discrepancies in election returns  (Sec. 236)
C.  Those that can be filed with COMELEC directly are the ff:
 Issue involves the illegal composition or proceedings of the
board of canvassers, as when a majority or all of the
members do not hold legal appointments or are in fact
usurpers
 Issue involves the correction of manifest errors in the
tabulation or tallying of the results during the canvassing
Recount
There can be a recount under the grounds of 234-236. The returns
involved will affect the results and the integrity of the ballot box has
been preserved
Issues that may be raised in a pre-proclamation controversy
1. Illegal composition or proceedings of the board of
canvassers
2. The canvassed election returns are incomplete, contain
material defects, appear to be       tampered with or falsified,
or contain discrepancies in the same returns or in authentic
copies thereof.
3. The election returns were prepared under duress, threats,
coercion, or intimidation, or they are obviously manufactured,
or not authentic.
4. When substitute or fraudulent returns in controverted
polling places were canvassed, the results of which
materially affected the standing of the aggrieved candidate/s.
Procedure
A.  Contested composition or proceedings of the board (under RA
7166)
It may be initiated in the board or directly with COMELEC.
B. Contested election returns (under RA 7166)
Matters relating to the preparation, transmission, receipt,
custody and  appreciation of the election returns, and certificate of
canvass, should be brought in the first instance before the board of
canvassers only.
Summary nature of pre-proclamation controversy
1. Pre-proclamation controversies shall be heard summarily
by the COMELEC.
2. Its decision shall be executory after the lapse of 5 days
from receipt by the losing party of the decision, unless
restrained by the SC.
Effect of filing petition to annul or suspend proclamation
It suspends the running of the period within which to file an election
protest or quo warranto proceedings.
When not allowed
Pre-proclamation cases on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election
returns or the certificates of canvass NOT allowed in elections for:
(under RA 7166)
 President
 Vice-President
 Senator
 Member of the House of Representatives
BUT:  The appropriate canvassing body motu propio or upon written
complaint of an interested person can correct manifest errors in the
certificate of canvass or election returns before it.
BUT:  Questions affecting the composition or proceedings of the
board of canvassers may be initiated in the board or directly with
COMELEC.
When pre-proclamation cases are deemed TERMINATED (RA 7166)
1. All pre-proclamation cases pending before the COMELEC
shall be deemed terminated at the beginning of the term of
the office involved and the rulings of the boards of
canvassers concerned deemed affirmed.
B.  This is without prejudice to the filing of a regular election protest
by the aggrieved party.
C.  HOWEVER: Proceedings MAY CONTINUE if:
1. The COMELEC determines that the petition is meritorious
and issues an order for the proceedings to continue or
2. The Supreme Court issues an order for the proceedings to
continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the
elections, returns, qualifications of all elective:
 Regional
 Provincial
 City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all contests involving:
A.  Elective MUNICIPAL officials decided by trial courts of GENERAL
jurisdiction
B.  Elective BARANGAY officials decided by trial courts of LIMITED
jurisdiction
Who can file a petition contesting the election
Any candidate who has duly filed a certificate of candidacy and has
been voted for the same office

Purpose of an election contest
The defeated candidate seeks to outs the proclaimed winner and
claims the seat.
Final COMELEC Decisions
Provision that decisions, final orders, rulings of the Commission on
election contests involving municipal and barangay offices are final,
executory and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC,
184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari.  (Galido v.
COMELEC, Jan. 18,1991)
Distinctions between Pre-Proclamation Controversy and Election
Contest
1) Dividing line:  Proclamation of a candidate
2) Jurisdiction
A. Pre-proclamation controversy
1.The jurisdiction of COMELEC is administrative/quasi-judicial
2.It is governed by the requirements of administrative due process
B. Election contest
1.The jurisdiction of COMELEC is judicial
2.It is governed by the requirements of judicial process
3)      In some cases, even if the case (involving municipal officials)
began with the COMELEC before proclamation but a proclamation is
made before the controversy is resolved, it ceases to be a pre-
proclamation controversy and becomes an election contest
cognizable by the RTC.
4)       However, in some cases, the SC has recognized the
jurisdiction of COMELEC over municipal cases even after
proclamation.  Relate to the provision in RA 7166 allowing pre-
proclamation controversy proceedings to continue even after a
proclamation has been made.
Election Offenses  ( Selected Offenses)
Vote buying and vote-selling
A. Covered acts
1.Give, offer or promise money or anything of value
2. Making or offer to make any expenditure, directly or indirectly, or
cause an expenditure to be made to any person, association,
corporation, entity or community
3.Soliciting or receiving, directly or indirectly, any expenditure or
promise of any office or employment, public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against
any candidate or withhold his vote in the election or
2. To vote for or against any aspirant for the nomination or choice of
a candidate in a convention or similar selection
C.  Under RA 6646  (Prosecution of vote-buying/selling)
1. Presentation of a complaint supported by affidavits of complaining
witnesses attesting to the offer or promise by or the voters
acceptance of money or other consideration from the relatives,
leaders or sympathizers of a candidate is sufficient basis for an
investigation by the COMELEC,directly or through its duly authorized
legal officers.
2. Disputable presumption of conspiracy:
Proof that at least one voter in different precincts representing at
least 20% of the total precincts in any municipality, city or province
has been offered, promised or given money, valuable consideration
or other expenditure by a candidate relatives, leaders and/or
sympathizsrs for the purpose of promoting the election of such
candidate.
3. Disputable presumption of involvement
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 will constitute a disputable presumption of the
involvement of such candidate and of his principal campaign
managers in each of the municipalities concerned in the conspiracy
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer of a public/private corporation/association
3. heads/superior/administrator of any religious org.
4. employer/landowner
B.  Prohibited acts
1. Coercing, intimidating or compelling or influencing, in any
manner, any subordinates, members, parishioners or
employees or house helpers, tenants, overseers, farm
helpers, tillers or lease holders to aid, campaign or vote for
or against a candidate or aspirant for the nomination or
selection of candidates.
2. Dismissing or threatening to dismiss, punishing or
threatening to punish by reducing salary, wage or
compensation or by demotion, transfer, suspension etc.
Appointment of new employees, creation of new position, promotion
or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a
government office, agency or instrumentality, whether national or
local, including GOCCs.
B. Prohibited acts
1.Appointing or hiring a new employee (provisional, temporary or
casual)
2.Creating or filling any new position
3.Promoting/giving an increase in salary, remuneration or  privilege
to any government official or employee.
C. Period when acts are prohibited
1.  45 days before a regular election
2.  30 days before a special election
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the
position to be filled is essential to the proper functioning of
the office/agency concerned AND that the position is not
filled in a manner that may influence the election
2. In case of urgent need, a new employee may be appointed.
Notice of appointment should be given to COMELEC within 3
days from appointment.
Prohibition against release, disbursement or expenditure of public
funds
A.  Who can be held liable: Any public official or employee including
barangay officials and those of GOCCs/subsidiaries
B.  Prohibited acts:
The release, disbursement or expenditure of public funds for any and
other kinds        of public works
C. Period when acts are prohibited:
1.  45 days before a regular election
2.  30 days before a special election
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.
Suspension of elective, provincial, city, municipal or barangay officer
A.  General rule: public official CANNOT suspend any of the officers
enumerated above during the election period.
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.
Other election offenses under RA 6646
1. Causing the printing of official ballots and election returns
by printing establishments not on contract with COMELEC
and printing establishments which undertakes unauthorized
printing
2. Tampering, increasing or decreasing the votes received by
a candidate or refusing after proper verification and hearing
to credit the correct votes or deduct the tampered votes
(committed by a member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly
accredited watchers (committed by a member of the BEI)
4. Person who violated provisions against prohibited forms of
election propaganda
5. Failure to give notice of meetings to other members of the
board, candidate or political party (committed by the
Chairman of the board of canvassers)
6. A person who has been declared a nuisance candidate or
is otherwise disqualified who continues to misrepresent
himself as a candidate (Ex. by continuing to campaign) and
any public officer or private individual who knowingly induces
or abets such misrepresentation by commission or omission.
7. If the chairman of the BEI fails to affix his signature at the
back of the official ballot, in the presence of the voter, before
delivering the ballot to the voter. (under RA 7166)
Prescription of Election Offenses
1. Election offenses shall prescribe after 5 years from the
date of their commission
2. If the discovery of the offense is made in an election
contest proceeding, the period of prescription shall
commence on the date on which the judgment in such
proceedings becomes final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide
any criminal action or proceedings for violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to
failure to register or vote.
ADMINISTRATIVE LAW
Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation
2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note: Senator Neptali Gonzales
calls them incidental powers)
Definition of “Quasi-legislative power”
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 law and implement legislative policy.
Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine
what the law shall be.  QUASI-legislative power only involves
the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated.  QUASI-
legislative power CAN be delegated.
Tests of Delegation (applies to the power to promulgate
administrative regulations )
1. COMPLETENESS test. This means that the law must be
complete in all its terms and conditions when it leaves the
legislature so that when it reaches the delegate, it will have
nothing to do but to enforce it.
2. SUFFICIENT STANDARD test.  The law must offer a
sufficient standard to specify the limits of the delegate’s
authority, announce the legislative policy and specify the
conditions under which it is to be implemented.
Definition of Quasi-Judicial Power
It is the power of administrative authorities to make determinations of
facts in the performance of their official duties and to apply the law as
they construe it to the facts so found. The exercise of this power is
only incidental to the main function of administrative authorities,
which is the enforcement of the law.
Determinative Powers
1. ENABLING powers 
Those that PERMIT the doing of an act which the law undertakes to
regulate and would be unlawful without government approval.
Ex.  Issuance of licenses to engage in a particular business.
2.DIRECTING powers
Those that involve the corrective powers of public utility
commissions, powers of assessment under the revenue laws,
reparations under public utility laws, and awards under workmen’s
compensation laws, and powers of abstract determination such as Administrative regulations that do NOT NEED to be PUBLISHED:
definition-valuation, classification and fact finding 1. Interpretative regulations
2. Internal rules and regulations governing the personnel of
3. DISPENSING powers the administrative agency.
Exemplified by the authority to exempt from or relax a general 1. Letters of instruction issued by administrative superiors
prohibition, or authority to relieve from an affirmative duty. Its concerning guidelines to be followed by their subordinates. 
difference from licensing power is that dispensing power sanctions a (Tanada v. Tuvera)
deviation from a standard.
Special Requisites of a Valid Administrative Regulation with a
4. SUMMARY powers PENAL sanction
Those that apply compulsion or force against person or property to 1. The law itself must make violation of the administrative
effectuate a legal purpose without a judicial warrant to authorize such regulation punishable.
action. Usually without notice and hearing. 2. The law itself must impose and specify the penalty for the
Ex. Abatement of nuisance, summary destraint, levy of property of violation of the regulation.
delinquent tax payers 3. The regulation must be published.

5. EQUITABLE powers Requisites for Proper Exercise of Quasi-Judicial Power

Those that pertain to the power to determine the law upon a 1. Jurisdiction
particular state of facts. It refers to the right to, and must, consider 2. Due process
and make proper application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions Administrative Due Process : Requirements
Kinds of Administrative Regulations 1. Right to Notice, be it actual or constructive
DISTINCTIONS LEGISLATIVE INTERPRETATIVE 2. Reasonable opportunity to appear and defend his rights
1. Capacity that Legislative Judicial and to introduce witnesses
administrative agency 3. Impartial tribunal with competent jurisdiction
is acting in 4. Finding or decision supported by substantial evidence
2. What It supplements the It says what the statute
administrative agency statute by filling in means Exceptions to the Notice and Hearing Requirement
is doing the details 1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Force and effect Legislative Merely
3. Right was previously offered but not claimed
regulations have persuasive/Received by
4. Summary abatement of a nuisance per se
the force and the courts with much
5. Preventive suspension of a public servant facing
effecr of law respect but not accorded
administrative charges
immediately upon with finality
6. Padlocking of filthy restaurants/theaters showing obscene
going into effect.
movies
Such is accorded
7. Cancellation of a passport of a person sought for criminal
by the courts or by
prosecution
express provision
8. Summary distraint and levy of properties of a delinquent
of statute.
taxpayer
9. Replacement of a temporary or acting appointee
Requisites of a Valid Administrative Regulation
1. Its promulgation must be authorized by the legislature. Questions Reviewable on Judicial Review:
2. It must be within the scope of the authority given by the 1. Questions of FACT
legislature. The general rule is that courts will not disturb the findings of
3. It must be promulgated in accordance with the prescribed administrative agencies acting within the parameters of their own
procedure. competence so long as such findings are supported by substantial
4. It must be reasonable evidence. By reason of their special knowledge, expertise, and
experience, the courts ordinarily accord respect if not finality to
Need for Previous Notice and Hearing factual findings of administrative tribunals.
1. General Rule: Administrative rules of GENERAL
application do NOT require previous notice and hearing. 2. Question of  LAW
2. Exception: When the legislature itself requires it and Administrative decision may be appealed to the courts independently
mandates that the regulation shall be based on certain facts of legislative permission.
as determined at an appropriate investigation. It may be appealed even against legislative prohibition because the
3. If the regulation is in effect a settlement of a controversy judiciary cannot be deprived of its inherent power to review all
between specific parties, it is considered an administrative decisions on questions of law.
adjudication, requiring notice and hearing.
 Doctrine of Finality
Prescribing of Rates Courts are reluctant to interfere with action of an administrative
It can be either: agency prior to its completion or finality, the reason being that absent
1. LEGISLATIVE a final order or decision, power has not been fully and finally
If the rules/rates are meant to apply to all enterprises of a given kind exercised, and there can usually be no irreparable harm.
throughout the country.
No prior notice and hearing is required. EXCEPTIONS:  Interlocutory order affecting the merits of a
controversy; Preserve status quo pending further action by the
2. QUASI-JUDICIAL administrative agency; Essential to the protection of the rights
If the rules and rates imposed apply exclusively to a particular party, asserted from the injury threatened; Officer assumes to act in
based upon a finding of fact. Prior notice and hearing is required. violation of the Constitution and other laws; Order not reviewable in
any other way; Order made in excess of power
Requirement of Publication
Administrative Regulations that MUST be published: Doctrine of Primary Jurisdiction
1. Administrative regulations of GENERAL application. 1. This doctrine states that courts cannot or will not determine
2. Administrative regulations which are PENAL in nature. a controversy which requires the expertise, specialized skills
 and knowledge of the proper administrative bodies because
technical matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the court
even though the matter is within the proper jurisdiction of a
court.

Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues
which, under a regulatory scheme are within the special competence
of an administrative agency, judicial proceedings will be suspended
pending the referral of these issues to the administrative body for its
view.
Note:  The doctrines of primary jurisdiction and prior resort have
been considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be
appealed to the administrative superiors up to the highest
level before it may be elevated to a court of justice for
review.

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.