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sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID 2. The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast. Important distances with respect to the waters around the Philippines 1. Territorial sea 2. Contiguous zone 3. Exclusive economic zone 12 nautical miles (n.m.) 12 n.m. from the edge of the territorial sea 200 n.m. from the baseline [includes (1) and (2)]
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles SEC 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Elements of a State (for municipal law purposes) CODE: PTSG
1. 2. 3. 4.
A community of persons, more or less numerous (PEOPLE) Permanently occupying a definite portion of territory (TERRITORY) Independent of external control (SOVEREIGNTY) Possessing an organized government to which the great body of inhabitants render habitual obedience (GOVERNMENT) CODE: CNCH
Definition of People
1. 2. 3. 4.
A Community of persons; Sufficient in Number; Capable of maintaining the continued existence of the community; and Held together by a common bond of law.
Definition of Sovereignty 1. LEGAL sovereignty a. The supreme power to make law. b. It is lodged in the people. 2. POLITICAL sovereignty a. The sum total of all the influences in a state, b. Legal and non-legal, c. Which determine the course of law.
Classification of governments 1. De jure 2. De facto - one established by the authority of the legitimate sovereign - one established in defiance of the legitimate sovereign
1. De facto proper
a. b. c. d. That government that gets possession and control of or usurps by force or by the voice of majority the rightful legal government and maintains itself against the will of the latter.
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. recognition remains a matter of executive discretion. Diplomatic
SEC 3. Civilian authority is, at all times, supreme over the military. 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 SEC. 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.
2.
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
1. The right to a hearing, which includes the right to present ones case 2. 3. 4. 5.
and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. Evidence supporting the conclusion must be substantial. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected.
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID 6. The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decision rendered. Note: 1. What is required is not actual hearing, but a real opportunity to be heard. 2. The requirement of due process can be satisfied by subsequent due hearing. 3. Violation of due process: when same person reviews his own decision on appeal. 4. Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the promulgation of general rule. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P
2. The student shall have the right to answer the charges against him, 3. 4. 5. 6.
with the assistance of counsel if desired. The student has the right to be informed of the evidence against him. The student has the right to adduce evidence in his own behalf. The evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case. The penalty imposed must be proportionate to the offense.
Note: 1. The school has a contractual obligation to afford its students a fair opportunity to complete the course a student has enrolled for. 2. Exceptions: 3. Serious breach of discipline; or 4. Failure to maintain the required academic standard. 5. Proceedings in student disciplinary cases may be summary; crossexamination is not essential Instances when hearings are NOT necessary:
BIR
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID 7. Cancellation of the passport of a person charged with a crime. 8. Issuance of sequestration orders (considered a provisional remedy). 9. Judicial order which prevents an accused from travelling abroad in
order to maintain the effectivity of the courts jurisdiction.
2. The MEANS employed are necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals. Requirements of a valid ordinance: 1. 2. 3. 4. 5. 6. Must not contravene the Constitution or any statute Must not be unfair or oppressive Must not be partial or discriminatory Must not prohibit, but may regulate trade Must be general and consistent with public policy Must not be unreasonable
When is a law VAGUE? 1. When it lacks COMPREHENSIBLE STANDARDS 2. That men of ordinary intelligence must necessarily GUESS as to its meaning 3. And differ as to its application Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. Requisites for valid classification for purposes of the equal protection clause The classification must: CODE: SGEE
1. Rest on SUBSTANTIAL DISTINCTIONS 2. Be GERMANE to the purposes of the law 3. NOT LIMITED TO EXISTING CONDITIONS only
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID 4. APPLY EQUALLY to all members of the SAME CLASS.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the person or things to be seized. General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest Requisites for a valid warrant: CODE: P J E D
1. It must be issued upon PROBABLE CAUSE. 2. The existence of probable cause is determined personally by the JUDGE. 3. The judge must EXAMINE UNDER OATH the complainant and the witnesses
he may produce.
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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 1. Search made as an incident to lawful arrest A. An officer making an arrest may take from the person arrested: i. Any money or property found upon his person which was used in the commission of the offense or ii. Was the fruit thereof or
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B. 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 2. Search of moving vehicles A. 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. B. The search of a moving vehicle must be based on probable cause. 3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code A. 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. B. Exception: A search warrant is required for the search of a dwelling house. C. Searches under this exception include searches at borders and ports of entry. Searches in these areas do not require the existence of probable cause 4. Seizure of evidence in plain view A. To be a valid warrantless search, the articles must be open to the eye and hand. B. The peace officer comes upon them inadvertently. 5. Waiver of right A. Requisites of a valid waiver: i. ii. iii. The right exists. The person had actual or constructive knowledge of the existence of such right. There is an actual intention to relinquish such right.
B. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same. C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver. D. 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)
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Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of core speech, i.e. speech which communicates political, social or religious ideas. These enjoy the same degree of protection. Commercial speech, however, does not. Commercial Speech 1. A communication which no more than proposes a commercial transaction. 2. To enjoy protection: a. It must not be false or misleading; and b. It should not propose an illegal transaction. 3. Even truthful and lawful commercial speech may be regulated if: a. Government has a substantial interest to protect; b. The regulation directly advances that interest; and c. It is not more extensive than is necessary to protect that interest. (Central Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US 557) Unprotected Speech 1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact,
and are not considered actionable, even if the words used are neither mild nor temperate. What is important is that the opinion is the true and honest opinion of
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B. Procedure for seizure of allegedly obscene publications i. Authorities must apply for issuance of search warrant. ii. Court must be convinced that the materials are obscene. Apply clear and present danger test. iii. Judge will determine whether they are in fact obscene. iv. Judge will issue a search warrant. v. Proper action should be filed under Art. 201 of the RPC. vi. Conviction is subject to appeal. Right of Assembly and Petition 1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition. 2. Rules on assembly in public places: i. ii. Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will take place. The application should be filed ahead of time to enable the public official concerned to appraise whether there are valid objections to the grant of the permit or to its grant, but in another public place. The grant or refusal should be based on the application of the Clear and Present Danger Test. If the public authority is of the view that there is an imminent and grave danger of a substantive evil, the applicants must be heard on the matter. The decision of the public authority, whether favorable or adverse, must be transmitted to the applicants at the earliest opportunity so that they may, if they so desire, have recourse to the proper judicial authority.
iii. iv.
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1. The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. The test of compliance with the non-establishment clause can be stated as follows: What are the purposes and primary effect of the enactment? If either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment clause, two requisites must be met. First, it has a secular legislative purpose. Second, its primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws from legislative power the exertion
of any restraint on the free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion. While the freedom to believe (non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to government regulation. Requisites for government aid to be allowable: 1. It must have a secular legislative purpose; 2. It must have a primary effect that neither advances nor inhibits religion; 3. It must not require excessive entanglement with recipient institutions. Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful 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 may be provided by law. Rights guaranteed under Section 6: 1. Freedom to choose and change ones place of abode. 2. Freedom to travel within the country and outside.
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Note: The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to ones country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus) Section 7. The right of the people to information on matters of public concern shall be recognized. Rights guaranteed under Section 7 1. Right to information on matters of public concern 2. Right of access to official records and documents Persons entitled to the above rights Only Filipino citizens. Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized restrictions on the right of the people to information: 1. 2. 3. 4. 5. 6. 7. 8. National security matters Intelligence information Trade secrets Banking transactions Diplomatic correspondence Executive sessions Closed door cabinet meetings Supreme Court deliberations
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law, shall not be abridged.
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1. 2. 3. 4. 5.
The expropriator enters the property The entrance must not be for a momentary period, i.e., it must be permanent Entry is made under warrant or color of legal authority Property is devoted to public use 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
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Rights of person under investigation for the Commission of an offense CODE: SCISI
1) 2) 3) 4)
Right to remain silent Right to have competent and independent counsel, preferably of his own choice Right to provided with the services of counsel if he cannot afford the services of one. 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 tree. Requisites of valid waiver: 1) Waiver should be made in WRITING
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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: 1. Right to bail is not available in the military. 2. Apart from bail, a person may attain provisional liberty through recognizance. Section 14. Rights of an accused
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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 HEAR BY HIMSELF AND COUNSEL The right to be heard includes the following rights: 1. Right to be present at the trial A. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. B. 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) (ii) Accused has been duly notified; and His failure to appear is unjustifiable.
C. 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.
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3.
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.
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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) 2) 3) 4) Acquittal Conviction Dismissal W/O the EXPRESS consent of the accused 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.
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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: A. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. B. The facts constituting the graver offense became known or were discovered only after the filing of the former information. C. 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 prosecutions incompetence, it would not be considered a supervening event. Effect of appeal by the accused:
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1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If, by their act or omission they are deemed, under the law, to have
renounced it. Examples of renunciation of Philippine citizenship: 1) Voluntarily obtaining foreign passport 2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)
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How may one reacquire citizenship: 1. By direct act of Congress 2. By naturalization 3. By repatriation ARTICLE V SUFFRAGE Qualifications: CODE: CD18RR
1) 2) 3) 4) 5)
Citizen of the Philippines Not Disqualified by law At least 18 years old Resident of the Philippines for at least 1 year Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election.
Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines. 2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. Disqualifications: 1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by plenary pardon.
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ARTICLE VI THE LEGISLATIVE DEPARTMENT SEC. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. Definition of Legislative Power: The authority to make laws and to alter or repeal them. Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity 2. Delegated Possessed by Congress and other legislative bodies by virtue of the
Constitution
3. Constituent The power to amend or revise the Constitution 4. Ordinary The power to pass ordinary laws
Note: The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit. Limits on the legislative power of Congress: 1. Substantive limitations on the content of laws. E.g. no law shall be passed establishing a state religion. 2. Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days. Note: Provided that these two limitations are not exceeded, Congress legislative power is plenary. Corollaries of legislative power: 1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited only by the Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed.
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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.
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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.
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(iii)
SEC. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
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3. Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 4. Legislators cannot be financially interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary. 5. Legislators cannot intervene in any matter before any office of the government.
When it is for his pecuniary benefit or where he may be called upon to act on account of his office.
provided for by law) 2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays. Special Sessions: Called by the President at any time when Congress is not in session. SEC. 16. Officers:
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2.
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Appropriation bills Revenue bills Tariff bills Bills authorizing the increase of public debt Bills of local application Private bills
Note: The Senate may, however, propose or concur with amendments. Appropriation bills 1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. 2. Thus, a bill enacting the budget is an appropriations bill. 3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. Revenue Bill 1. 2. A revenue bill is one specifically designed to raise money or revenue through imposition or levy. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.
Bills of local application A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: 1. For appropriation bills: a. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget.
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f.
Discretionary funds appropriated for particular officials shall be: i. Disbursed only for public purposes; ii. Should be supported by appropriate vouchers; and iii. Subject to guidelines as may be prescribed by law.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year: i. The GAB for the previous year is deemed reenacted ii. It will remain in full force and effect until the GAB is passed by Congress. 2. For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. 3. For bills in general a. Every bill shall embrace only one (1) subject, as expressed in the title thereof i. ii. As a mandatory requirement The title does not have to be a complete catalogue of 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 are germane to that general subject.
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b. Readings 1. In order to become a law, each bill must pass three (3) readings in both Houses. 2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. 3. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be held on the same day. 4. First reading only the title is read; the bill is passed to the proper committee Second reading Entire text is read and debates are held, and amendments introduced. Third reading only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Veto power of President: 1. Every bill, in order to become a law, must be presented to and signed by the President. 2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it. 4. This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill. 5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overriden and becomes a law without need of presidential approval. 6. Item veto a. The President may veto particular items in an appropriation, revenue or tariff bill. b. This veto will not affect items to which he does not object. c. Definition of item TYPE OF BILL 1. Revenue/tax bill ITEM Subject of the tax and the tax rate imposed thereon
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2. Vacancies after the office is initially filled: VACANCY President dies, is permanently disabled, is impeached, or resigns. Both President and Vice-President die, become permanently disabled, are impeached, or resign. SUCCESSOR Vice-President becomes President for the unexpired term. 1. Senate President or 2. In case of his inability, the Speaker of the House shall act as President until the President or VP shall have been elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected: a) President will nominate new VP from any member of either House of Congress. b) Nominee shall assume office upon confirmation by majority vote of ALL members of both Houses, voting separately. (Nominee forfeits seat in Congress) 4) Election of President and Vice-President after vacancy during tem
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b)
c) d) e)
The special election shall be held not earlier than 45 days not later than 60 days from the time of the enactment of the law. The 3 readings for the special law need not be held on separate days. 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.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in either of two ways: a) By the President himself, when he sends a written declaration to the Senate President and the Speaker of the House. In this case, the Vice-President will be Acting President until the President transmits a written declaration to the contrary. b) When a majority of the Cabinet members transmit to the Senate President and the Speaker their written declaration. (i) (ii) (iii) The VP will immediately be Acting President. BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress shall decide the issue. In this event, Congress shall reconvene within 48 hours if it is not in session, without need of a call. Within 10 days after Congress is required to assemble, or 12 days if Congress is not in session, a 2/3 majority of both Houses, voting separately, is needed to find the President temporarily disabled, in which case, the VP will be Acting President.
(iv)
6) Presidential Illness:
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N.B. The rule on disqualifications for the President and his Cabinet are stricter than the normal rules applicable to appointive and elective officers under Art. IX-B, Sec. 7. th Spouses and 4 degree Cannot be appointed during Presidents tenure as: relatives of the President (consanguinity or affinity) 1. Members of the Constitutional Commissions; 2. Office of the Ombudsman; 3. Department Secretaries; 4. Department under-secretaries; 5. Chairman or heads of bureaus or offices including GOCCs and their subsidiaries. N.B. a. If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, NOT continuation in office. b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.
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Scope: The President shall appoint the following: 1) 2) 3) 4) Heads of executive departments (CA confirmation needed): Ambassadors, other public ministers, and consuls (CA confirmation needed). Officers of AFP from rank of colonel or naval captain (CA confirmation needed). Other officers whose appointment is vested in him by the Constitution (CA confirmation needed), such as: a) Chairmen and members of the COMELEC, COA and CSC. b) Regular members of the Judicial and Bar Council. c) The Ombudsman and his deputies; d) Sectoral representatives in Congress. N.B. President also appoints members of the Supreme Court and judges of the lower courts, but these appointments do not need CA confirmation.
5) All other officers whose appointments are not otherwise provided for by law; and those whom he may be authorized by law to appoint. a) This includes the Chairman and members of the Commission on Human Rights, whose appointments are provided for by law NOT by the Constitution. b) Congress may, by law, vest the appointment of other officers lower in rank in the President alone or in the courts, or in the heads of departments, agencies, boards or commissions.
c)
BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko Sentral Governor). ALSO: Voluntary submission by the President to the CA for confirmation of an appointment which is not required to be confirmed does not vest the CA with jurisdiction. The President cannot extend the scope of the CAs power as provided for in the Constitution.
d)
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Note: At any time before all four steps have been complied with, the President can withdraw the nomination/appointment. 2) No CA confirmation: a) Appointment; and b) Acceptance. Note: Once appointee accepts, President can no longer withdraw the appointment.
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Martial Law does NOT: i. Suspend the operation of the Constitution. ii. Supplant the functioning of the civil courts or legislative assemblies.
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1.) The President may grant the following: [ Pa R C Re] a. Pardons (conditional or plenary) b. Reprieves c. Commutations d. Remittance of fines and forfeitures
2.) These may only be granted AFTER conviction by final judgment. 3.) ALSO: The power to grant clemency includes cases involving administrative penalties. 4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. Limitations: 1.) As to scope: Cannot be granted: a.) Before conviction b.) In cases of impeachment c.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELEC d.) In cases of civil or legislative contempt 2.) As to effect:
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Private act of President. It must be proved. Only penalties are extinguished. May or may not restore political rights. Absolute pardon restores. Conditional does not. Civil indemnity is not extinguished. May be granted before or after Only granted after conviction by final conviction judgement
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ARTICLE VIII. THE JUDICIAL DEPARTMENT SEC. 1. JUDICIAL POWER Scope: 1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights. 2. Vested in the Supreme Court and such lower courts as may be established by law. 3. Since the courts are given judicial power and nothing more, courts may neither attempt to assume or be compelled to perform non-judicial functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. 4. In order that courts may exercise this power, there must exist the following: a. b. c. An actual controversy with legally demandable and enforceable rights; Involving real parties in interest; The exercise of such power will bind the parties by virtue of the courts application of existing laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which are violated, there can be no recourse to the courts. 6. The courts cannot be asked for advisory opinions. 7. Judicial power includes:
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2. Thus, while courts can determine questions of legality with respect to governmental action, they cannot review government policy and the wisdom thereof, for these questions have been vested by the Constitution in the Executive and Legislative Departments. SEC. 2. ROLES OF CONGRESS 1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. 3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts. 4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 5. Creation and abolition of courts: a. The power to create courts implies the power to abolish and even reorganize courts. b. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. c. 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 Composition of the Supreme Court:
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Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 1. 2. 3. 4. Natural born citizen of the Philippines Member of the Philippine bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Qualifications of judges of lower non-collegiate courts: 1. 2. 3. 4. Citizen of the Philippines (may be a naturalized citizen) Member of the Philippine Bar Possesses other qualifications prescribed by Congress Person of proven competence, integrity, probity and independence.
Section 8. JUDICIAL AND BAR COUNCIL 1. The Judicial and Bar Council is under the supervision of the SC. A. Is under the supervision of the Supreme Court and is composed of: 1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of Congress, as an ex-officio member 4. Representative of the Integrated Bar 5. A professor of law 6. A retired member of the SC; and 7. Private sector representative Note: The last four re the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with staggered terms. B. Functions of JBC 1. Principal function: recommend appointees to the Judiciary 2. Exercise such other functions as the SC may assign to it.
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Cases required to be heard en banc: 1. All cases involving constitutionality of a/an: a. Treaty b. International or executive agreement or
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1. An ACTUAL CASE calling for the exercise of judicial power 2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it. 3. The person challenging the governmental act must have STANDING, i.e. a personal and substantial interest in the case such 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.
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C. The TEST to determine whether non/competitive is the Nature of the responsibilities, NOT the administrative or legislative description given to it. D. Both types of positions are entitled to security of tenure. They only differ in the MANNER in which they are filled. E. Who may be appointed: 1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In-Rank Rule While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank. Tenure (Classification of Positions) Career Service 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. 2. Entitled to security of tenure Non-Career Service 1. Entrance on bases OTHER than usual tests of merit and fitness. 2. Tenure limited to: a) Period specified by law, b) Coterminous with the appointing authority or subject to his pleasure, or c) Limited to the duration of a particular project for which purpose the employment was made.
3. With opportunity for advancement to higher career positions. Security of Tenure: 1) Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for cause provided by law. It guarantees both procedural and substantive due process. 2) For "LEGAL CAUSE" - Cause is:
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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. 4) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division. 5) 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
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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). CPAs 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 predecessors term Section 2. POWERS 1) Examine, audit, and settle accounts pertaining to: A. Revenue and receipts of funds or property; or
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2) Conduct post-audit with respect to the following: A. B. C. D. Constitutional bodies, commissions, and offices granted fiscal autonomy; Autonomous state colleges and universities; GOCCs and their subsidiaries incorporated under the Corporation Code. 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 COAs audit and examination and to establish the techniques and methods required therefor. 6) Promulgate accounting and auditing rules and regulations. A. B. Note: 1) The functions of COA can be classified as: A. B. C. D. Examine and audit all forms of government revenues; Examine and audit all forms of govt expenditures Settle govt accounts Promulgate accounting and auditing rules (including those for the prevention of irregularexpenditures. E. 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. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure.
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6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is because COAs interest in such accounts is merely administrative. 7) COA has the power to determine the meaning of public bidding and what constitutes failure when regulations require public bidding for the sale of government property. Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.
ARTICLE X: LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) 2) 3) 4) Provinces Cities; Municipalities; and Barangays
There shall be Autonomous regions in: 1) Muslim Mindanao, and 2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]
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Section 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1) 2) 3) 4) 5) 6) 7) 8) Administrative organization; Creation of sources of revenues; Ancestral domain and natural resources Personal, family and property relations Regional, urban, and rural planning development; Economic, social, and tourism development; Educational policies; Preservation and development of the cultural heritage; and
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ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman 2. Grounds Culpable violation of the Constitution treason bribery graft and corruption other high crimes or betrayal of public trust Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable offenses.
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Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. Procedure: 1. Filling of verified complaint a. Can be filed by: 1. Any member of the House of Representatives or 2. Any citizen upon a resolution of endorsement by any Member of the House or 3. By at least 1/3 of all the Members of the House of Representatives 2.) 3.) 4.) Inclusion of complaint in the order of business with 10 session days Referral to proper Committee within 3 session days thereafter Submission of Committee report to the House together with corresponding resolution a. There should be a hearing b. There should be a majority vote of the members c. The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL its members. 5.) 6.) Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof Vote of at least 1/3 of all Members of the House necessary to:
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This requires the concurrence of 2/3 of all the Members of the Senate 9.) Effect of the Impeachment a. Removal from office of the official concerned b. Disqualification to hold any office under the Republic of the Philippines c. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime. Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN Composition: 1.) 2.) 3.) 4.) Ombudsman/Tanodbayan Overall deputy At least one Deputy each for Luzon, Visayas and Mindanao 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
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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. 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 a. It will continue to function and exercise its powers as now or hereafter may be provided by law b. 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 Its approved annual
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When prohibition applies: Prohibition applies during their TENURE. Scope of prohibition: 1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES: a. Loans b. Guarantees c. Other forms of financial accommodation From: 1. Government owned or controlled banks; or 2. Government owned or controlled financial institutions. 2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply. Section 17: Statements of assets, liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required under the law. When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) President 2.) Vice-President 3.) Members of the Cabinet
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Section 18: Allegiance of public officers and employees Allegiance to the State and to the Constitution Change in Citizenship/Immigrant Status 1.) Incumbent public officers and employees who seek either: a. Change his citizenship; or b. Acquire immigrant status in another country Shall be dealt with by law. 2.) If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by the incumbent. 3.) The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices. a. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacy unless they expressly waive their status as such This renunciation must be some other than, and prior to, the filling of the certificate of candidacy.
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY SEC. 1. GOALS OF THE NATIONAL ECONOMY Three-fold goal: 1. More equitable distribution of opportunities, income and wealth; 2. Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and 3. Expanding productivity, as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform
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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.
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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
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Acquisition of alienable lands of the public domain 1. Filipino citizens; 2. Corporations incorporated in RP, with 60% Filipino ownership; 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 Mass Media Filipino citizens only (natural persons) *Congress may, by law, otherwise prescribe 1. Filipino citizens; or 2. Corporations incorporated in RP, and 100% Filipino owned 1. Filipino citizens; or 2. Corporations incorporated in RP, and 70% Filipino owned.
Advertising
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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 The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the 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
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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) 2) 3) 4) 5) Natural-born citizens of the Philippines; Majority of the Commission must be members of the Philippine Bar; Term of office, other qualifications and disabilities shall be provided by law; The appointment of the CHR members is NOT subject to CA confirmation; and 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
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2) 3) 4)
5) 6) 7) 8) 9)
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
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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.
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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:
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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
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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.
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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. Military bases agreements 1) Renewals of military bases agreements must be through a strict treaty. 2) Ratification of the agreement in a plebiscite is necessary only when Congress so requires. 3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.