consti law 1 reviewer

8/20/2019 Consti Law 1 Reviewer

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P O L I T I C A L L A W ( C O N S T I T U T I O N A L L A W )REVIEWER & MEMORY AID

ATENEO CENTRAL BAR OPERATIONS 2001Louie, Carrie, Evelyn, Thel, Gem, Ronald

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago2. With all the islands and waters embraced therein3. And all other territories over which the Philippines has sovereignty or

jrisdiction!. "onsisting of its

a. Terrestrialb. Flvial# and CODE: TFAc. Aerial domains

$. %nclding its

a. Territorial seab. The seabedc. The sbsoil CODE: TSSIOd. The inslar shelves# ande. The ther sbmarine areas

&. The waters

a. Arondb. Between andc. Connectingd. The islands of the archipelago CODE: ABCI

'egardless of their breadth and dimensions

(orm part of the %)T*')A+ WAT*', of the Philippines

D!"i#i$i# " A%'i!*+

An archipelago is a body of water stdded with islands. The Philippine archipelagois that body of water stdded with islands which is delineated in the Treaty of Paris-1/0 as amended by the Treaty of Washington -1/0 and the Treaty of reat 4ritain-1/30.

D!"i#i$i# " ,* $'!% $!%%i$%i!s -!% .'i' $'! P'iii#!s '*s s-!%!i+#$/ %

%isi$i#3

%t incldes any territory that presently belongs or might in the ftre belong to thePhilippines throgh any of the internationally accepted modes of ac5iring territory.

A%'i!*+i %i#i!

Two elements:1. The definition of internal waters -as provided above0#

2. The straight baseline method of delineating the territorial sea 6 consists ofdrawing straight lines connecting appropriate points on the coast withot

departing to any appreciable e7tent from the general direction of the coast.

I4%$*#$ is$*#!s .i$' %!s!$ $ $'! .*$!%s *%# $'! P'iii#!s

1. Territorial sea 8 12 natical miles -n.m.02. "ontigos 9one 8 12 n.m. from the edge of the territorial sea3. *7clsive economic 9one 8 2 n.m. from the baseline incldes -10 and -20;


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ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles

SEC 15 T'! P'iii#!s is * !4%*$i *# %!6i*# S$*$!5 S-!%!i+#$/ %!si!si# $'! !! *# * +-!%#4!#$ *$'%i$/ !4*#*$!s "%4 $'!45

E!4!#$s " * S$*$! ("% 4#ii* *. %s!s) CODE: PTS7

1. A commnity of persons more or less nmeros -P*


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C*ssi"i*$i# " de facto +-!%#4!#$s

1. &e facto proper a. That government that gets possession and control of b. or srps by force or by the voice of majorityc. the rightfl legal governmentd. and maintains itself against the will of the latter.

2. overnment of paramount forcea. That which is established and maintained by military forcesb. who invade and occpy a territory of the enemyc. in the corse of war.

3. That established as an independent government by the inhabitants of a contry whorise in insurrection against the parent state.

D!"i#i$i# " ,R!6i*# S$*$!3

%t is one wherein all government athority emanates from the people and is e7ercised byrepresentatives chosen by the people.

D!"i#i$i# " D!4%*$i S$*$!

This merely emphasi9es that the Philippines has some aspects of direct democracy schas initiative and referendm.

SEC5 25 T'! P'iii#!s %!##!s .*% *s *# i#s$%4!#$ " #*$i#* i/8 *$s$'! +!#!%*/ *!$! %i#i!s " i#$!%#*$i#* *. *s *%$ " $'! *. " $'! *#*# *'!%!s $ $'! i/ " !*!8 !9*i$/8 s$i!8 "%!!48 !%*$i#8 *#*4i$/ .i$' * #*$i#s5

i# " .*% %!##! 6/ $'! P'iii#!s

The Philippines only renonces AGGRESS#(E )ar as an instrment of national policy.%t does not renonce defensive war.

S4! ;+!#!%*/ *!$! %i#i!s " i#$!%#*$i#* *.; %!+#i


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Ci-ii*# *$'%i$/>s%!4*/ *s! (1s$ s!#$!#!)

1. "ivilian athority simply means the spremacy of the law becase athority nderor constittional system can only come from law.

2. Cnder this clase the soldier renonces political ambition.

M*%? " s-!%!i+#$/ (2# *# =% s!#$!#!s)

1. Positively this clase singles ot the military as the gardian of the people and of theintegrity of the national territory and therefore ltimately of the majesty of the law.

2. )egatively it is an e7pression of disapproval of military abses.

SEC @5 T'! %i4! $/ " $'! 7-!%#4!#$ is $ s!%-! *# %$!$ $'! !!5 T'!7-!%#4!#$ 4*/ * # $'! !! $ !"!# $'! S$*$! *#8 i# $'! ""i4!#$

$'!%!"8 * i$i

SEC5 5 T'! 4*i#$!#*#! " !*! *# %!%8 $'! %$!$i# " i"!8 i6!%$/ *#%!%$/8 *# $'! %4$i# " $'! +!#!%* .!"*%! *%! !ss!#$i* "% $'! !#/4!#$6/ * $'! !! " $'! 6!ssi#+s " !4%*/5

SEC5 5 T'! s!*%*$i# " C'%' *# S$*$! s'* 6! i#-i*6!5

Selected state policies

SEC5 5 T'! S$*$! s'* %s! *# i#!!#!#$ "%!i+# i/5 I# i$s %!*$i#s .i$'

$'!% s$*$!s8 $'! *%*4#$ #si!%*$i# s'* 6! #*$i#* s-!%!i+#$/8 $!%%i$%i*i#$!+%i$/8 #*$i#* i#$!%!s$8 *# $'! %i+'$ $ s!"!$!%4i#*$i#5

SEC5 5 T'! P'iii#!s8 #sis$!#$ .i$' $'! #*$i#* i#$!%!s$8 *$s *# %s!s* i/ " "%!!4 "%4 #!*% .!*#s i# i$s $!%%i$%/5

Policy of freedom from nuclear )eapons

1. The policy P'

month of pregnancy cannot be adopted in the Philippines becase the life ofthe nborn is protected from the time of conception.


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SEC5 15 T'! S$*$! s'* %$!$ *# *-*#! $'! %i+'$ " $'! !! $ * 6**#!*# '!*$'" !+/ i# *% .i$' $'! %'/$'4 *# '*%4#/ " #*$%!5

1. While the right to a balanced and healthfl ecology is fond nder thedeclaration of Principle and ,tate Policies and not nder the 4ill of 'ights itdoes not follow that it is less important than any of the civil and political rightsenmerated in the latter. -


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3. The defendant mst be given #otice and an pportnity to be heard.!. Fdgment mst be rendered pon a lawfl 'earing.

F% ADMINISTRATIVE %!!i#+s: CODE: H E D S H I P

1. The right to a 'earing which incldes the right to present oneEs caseand sbmit evidence in spport thereof.

2. The tribnal mst consider the !vidence presented.3. The ecision mst have something to spport itself.!. *vidence spporting the conclsion mst be sbstantial.$. The decision mst be based on the evidence presented at the 'earing

or at least contained in the record and disclosed to the partiesaffected.

&. The tribnal or body or any of its jdges mst act on its or his ownindependent consideration of the law and facts of the controversyand not simply accept the views of a sbordinate in arriving at adecision.

. The board or body shold in all controversial 5estions render itsdecision in sch a manner that the arties to the proceeding can @nowthe varios isses involved and the reasons for the decision rendered.

N$!:1. What is re5ired is not actal hearing bt a real opportnity to be heard.2. The re5irement of de process can be satisfied by sbse5ent dehearing.3. >iolation of de process: when same person reviews his own decision onappeal.!. )otice and hearing are re5ired in jdicial and 5asi8jdicial proceedingsbt not in the promlgation of general rle.

F% SCHOOL DISCIPLINARY %!!i#+s: CODE: W A I# A D P

1. The stdent mst be informed in .riting of the natre and case ofany accsation against them.

2. The stdent shall have the right to *nswer the charges against himwith the assistance of consel if desired.

3. The stdent has the right to be i#formed of the evidence against him.!. The stdent has the right to *ddce evidence in his own behalf.

$. The evidence mst be ly considered by the investigating committeeor official designated by the school athorities to hear and decide thecase.

&. The penalty imposed mst be roportionate to the offense.

N$!:1. The school has a contractal obligation to afford its stdents a fairopportnity to complete the corse a stdent has enrolled for.2. *7ceptions:3. ,erios breach of discipline# or !. (ailre to maintain the re5ired academic standard.$. Proceedings in stdent disciplinary cases may be smmary# cross8

e7amination is not essential

I#s$*#!s .'!# '!*%i#+s *%! NOT #!!ss*%/:

1. When administrative agencies are e7ercising their -uasi"legislativefnctions.

2. Abatement of nuisance per se.3. ranting by corts of provisional remedies.


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!. "ases of preventive suspension.$. Removal of temporary employees in the government service.&. %ssance of warrants of distraint and.or levy by the /#R

Commissioner*. Cancellation of the passport of a person charged with a crime.. %ssance of se-uestration orders -considered a provisional remedy0./. Fdicial order which prevents an accsed from travelling abroad in

order to maintain the effectivity of the cortEs jrisdiction.

1.Suspension of a ban01s operations by the ?onetary 4oard pon aprima facie finding of li5idity problems in sch ban@.

N$!:1. The right to consel is a very basic re5irement of sbstantive deprocess and has to be observed even in administrative and 5asi8jdicialbodies.2. The right to appeal is a s$*$$%/ %i-i!+! that may be e7ercised only inthe manner in accordance with law.

R!9isi$!s " SUBSTANTIVE ! %!ss: CODE: I M

1. The #%TERESTS of the pblic generally as distingished from those of aparticlar class re5ires the interference by the government and

2. The $EA%S employed are necessary for the accomplishment of the prposeand not ndly oppressive pon individals.

R!9i%!4!#$s " * -*i %i#*#!:

1. ?st not contravene the "onstittion or any statte2. ?st not be nfair or oppressive3. ?st not be partial or discriminatory!. ?st not prohibit bt may reglate trade$. ?st be general and consistent with pblic policy&. ?st not be nreasonable

W'!# is * *. VA7UEG

1. When it lac@s "


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s'* iss! !!$ # %6*6! *s! $ 6! !$!%4i#! !%s#*/ 6/ $'! +!*"$!% !*4i#*$i# #!% *$' % *""i%4*$i# " $'! 4*i#*#$ *# $'! .i$#!ss!s'! 4*/ %!8 *# *%$i*%/ !s%i6i#+ $'! *! $ 6! s!*%'! *# $'!

!%s# % $'i#+s $ 6! s!i

7!#!%* R!: ,earch and sei9res are nreasonable C)+*,, athori9ed by a validlyissed search warrant or warrant of arrest

R!9isi$!s "% * -*i .*%%*#$: CODE: P E D

1. %t mst be issed pon P'


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1. The oath re5ired mst refer to the trth of the facts within the personal @nowledgeof the complainant or his witnesses becase the prpose is to convince the jdge ofthe e7istence of probable case -Alvare9 v. "(% &! Phil. 330.

2. The tre test of sfficiency of an affidavit to warrant the issance of a search warrantis whether it has been drawn in sch a manner that perjry cold be charged thereonand affiant be held liable for the damages cased -Alvare9 v. "(%0.

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)

1. A search warrant may be said to particlarly describe the things to be sei9ed when$'! !s%i$i# $'!%!i# is *s s!i"i *s $'! i%4s$*#!s .i %i#*%i/ *.or

2. When $'! !s%i$i# !%!ss!s * #si# " "*$ 6 not of law 6 by which thewarrant officer may be gided in ma@ing the search and sei9re or

3. When $'! $'i#+s !s%i6! *%! i4i$! $ $'s! .'i' 6!*% * i%!$ %!*$i# $

$'! ""!#s! for which the warrant is being issed -/ache and Co* v* Rui4 3 ,"'A230.

OHN DOE WARRANT

A IFohn BoeJ warrant can satisfy the re5irement of particlarity of description if itcontains a descriptio personae sch as will enable the officer to identify the accsed-People v* (eloso ! Phil. 1$/0

7ENERAL WARRANT

A general warrant is one that does not allege any specific acts or omissions constitting

the offense charged in the application for the issance of the warrant. %t contravenes thee7plicit demand of the 4ill of 'ights that the things to be sei9ed be particlarly described.

VALID WARRANTLESS SEARCH

1. ,earch made as an incident to lawfl arrest

A. An officer ma@ing an arrest may ta@e from the person arrested:i. Any money or property fond pon his person which was sed in the

commission of the offense orii. Was the frit thereof or iii. Which might frnish the prisoner with the means of committing

violence or escaping or iv. Which may be sed in evidence in the trial of the case

4. The search mst be made simltaneosly with the arrest and it may only bemade in the area within the reach of the person arrested

2. ,earch of moving vehicles

A. This e7ception is based on e7igency. Ths if there is time to obtain a warrantin order to search the vehicle a warrant mst first be obtained.

4. The search of a moving vehicle mst be based on probable case.

3. ,ei9re of goods concealed to avoid cstoms dtiesKathori9ed nder the Tariffs and"stoms "ode

A. The Tariffs and "stoms "ode athori9es persons having police athoritynder the "ode to effect search and sei9res withot a search warrant toenforce cstoms laws.

4. *7ception: A search warrant is re5ired for the search of a dwelling hose.


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". ,earches nder this e7ception inclde searches at borders and ports of entry.,earches in these areas do not re5ire the e7istence of probable case


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!. ,ei9re of evidence in plain view

A. To be a valid warrantless search the articles mst be open to the eye andhand.

4. The peace officer comes pon them inadvertently.

$. Waiver of right

A. 'e5isites of a valid waiver:

i. The right e7ists.ii. The person had actal or constrctive @nowledge of the e7istence of

sch right.iii. There is an actal intention to relin5ish sch right.

4. The right against nreasonable searches and sei9res is a personal right.Ths only the person being searched can waive the same.

". Waiver re5ires a positive act from the person. ?ere absence of opposition isnot a waiver.

B. The search made prsant to the waiver mst be made within the scope ofthe waiver.

N$!:1. "hec@points: as long as the vehicle is neither searched nor its occpantssbjected to a body search and the inspection of the vehicle is limited to avisal search L valid search -(almonte (* &e (illa0

2. "arroll rle: warrantless search of a vehicle that can be 5ic@ly moved otof the locality or jrisdiction3. The 1/ "onstittion has retrned to the 1/3$ rle that warrants may beissed only by jdges bt the "ommissioner of %mmigration may order thearrest of an alien in order to carry ot a (%)A+ deportation order.

VALID WARRANTLESS ARRESTS

1. When the person to be arrested has committed is actally committing or is abot tocommit an offense in the presence of the arresting officer.

2. When an offense has in fact jst been committed and the arresting officer has

personal @nowledge of facts indicating that the person to be arrested has committedit.

3. When the person to be arrested is a prisoner who has escaped from a penalestablishment or place where he is serving final jdgment or temporarily confinedwhile his case is pending or has escaped while being transferred from oneconfinement to another.

!. Waiver of an invalid arrest:

When a person who is detained applies for bail he is deemed to have waived anyirreglarity which may have occrred in relation to his arrest.

$. Dot prsit

A. The prsit of the offender by the arresting officer mst be continos from thetime of the commission of the offense to the time of the arrest.4. There mst be no spervening event which brea@s the continity of the chase.


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&. ,top and fris@

When a policeman observes sspicios activity which leads him to believe that acrime is abot to be committed he can investigate the sspicios loo@ing person andmay fris@ him for weapons as a measre of self8protection. ,hold he find howevera weapon on the sspect which is nlicensed he can arrest sch person then andthere for having committed an offense in the officerEs presence.

S!$i# =5 (1) T'! %i-*/ " 44#i*$i# *# %%!s#!#! s'* 6!i#-i*6! !!$ # *." %!% " $'! %$8 % .'!# 6i s*"!$/ %%!% %!9i%!s $'!%.is! *s %!s%i6! 6/ *.5

(2) A#/ !-i!#! 6$*i#! i# -i*$i# " $'is % $'! %!!i#+ s!$i# s'* 6!i#*4issi6! "% *#/ %s! i# *#/ %!!i#+s5

'.A. !2 -Anti8Wiretapping Act0

1. The law does not distingish between a party to the private commnication or a thirdperson. Dence both a party and a third person cold be held liable nder '.A. !2if they commit any of the prohibited acts nder '.A. !2 -'amire9 v. "a0

2. The se of a telephone e7tension to overhear a private conversation is not a violationof '.A. !2 becase it is not similar to any of the prohibited devices nder the law.

Also a telephone e7tension is not prposely installed for the prpose of secretlyintercepting or recording private commnication. -aanan v. %A" 1!$ ,"'A 1120

T/!s " 44#i*$i# %$!$!:

+etters messages telephone calls telegrams and the li@e.

Esi#*%/ %!:

Any evidence obtained shall be inadmissible for any prpose in any proceeding.Dowever in the absence of governmental interference the protection againstnreasonable search and sei9re cannot be e7tended to acts committed by privateindividals. -People v* $artin0

S!$i# @5 N *. s'* 6! *ss! *6%i+i#+ $'! "%!!4 " s!!'8 "!%!ssi#8 % " $'! %!ss8 % " $'! %i+'$ " $'! !! !*!*6/ $ *ss!46!*# !$i$i# $'! +-!%#4!#$ "% %!%!ss " +%i!-*#!s5

W'*$ *%! #si!%! %$!$! s!!':

Protected speech incldes every form of e7pression whether oral written tape or discrecorded. %t incldes motion pictres as well as what is @nown as symbolic speech schas the wearing of an armband as a symbol of protest. Peacefl pic@eting has also beeninclded within the meaning of speech.

P%'i6i$i#s #!% S!$i# @

1. Prohibition against P'%


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P%'i6i$i# *+*i#s$ %i% %!s$%*i#$

1. Prior restraint means official governmental restrictions on the press or other forms ofe7pression in advance of actal pblication or dissemination.

2. *7amplesKforms of prior restrainta. movie censorshipb. jdicial prior restraint L injnction against pblicationc. license ta7es based on gross receipts for the privilege of engaging in thebsiness of advertising in any newspaper d. flat license fees for the privilege of selling religios boo@s

W'!# %'i6i$i# !s #$ */

a. Bring a war. *7. overnment can prevent pblication abot the nmberKlocations

of its troops -)ear v. ?innesota 23 C, &/0b.


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U#%$!$! S!!'

15 LIBEL

A. 2A#R C!$$E%T 7*S* Rule8* These are statements of


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C%$*i4!#$ " %i+'$s:

'%DT ?A))*'

1. 'ight to information on matters of pblic concern2. 'ight of access to official records and docments

P!%s#s !#$i$! $ $'! *6-! %i+'$s


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The right also covers the right not to join an association.

overnment employees have the right to form nions. They also have the right to stri@enless there is a stattory ban on them.

S!$i# 5 P%i-*$! %!%$/ s'* #$ 6! $*?!# "% 6i s! .i$'$ s$4!#s*$i#5

W' *# !!%is! $'! .!% " !4i#!#$ 4*i#:

10 The national governmenta. "ongressb. *7ective prsant to legislation enacted by "ongress

20 +ocal government nits prsant to an ordinance enacted by their respective

legislative bodies -nder +"030 Pblic tilities as may be delegated by law.

W'!# is $'! !!%is! " $'! .!% " !4i#!#$ 4*i# #!!ss*%/G

%t is only necessary when the owner does not want or opposes the sale of his property.Ths if a valid contract e7ists between the government and the owner the governmentcannot e7ercise the power of eminent domain as a sbstitte to the enforcement of thecontract.

E!4!#$s " $'! .!% " !4i#!#$ 4*i#

10 There is a TAN%) of private property20 Ta@ing is for PC4+%" C,*30 Payment of FC,T "


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"UST #$P!NSATI#N"

1. "ompensation is jst if the owner receives a sm e5ivalent to the mar@etvale of his property. ?ar@et vale is generally defined as the fair vale ofthe property as between one who desires to prchase and one who desiresto sell.

2. The point of reference se in determining fair vale is the vale at the timethe property was ta@en. Ths ftre potential se of the land is notconsidered in compting jst compensation.

ii* %!-i!. " $'! !!%is! " $'! .!% " !4i#!#$ 4*i#

1. To determine the ade5acy of the compensation2. To determine the necessity of the ta@ing

3. To determine the Opblic seO character of the ta@ing. Dowever if thee7propriation is prsant to a specific law passed by "ongress the cortscannot 5estion the pblic se character of the ta@ing.

W'!# 4#ii* %!%$/ is $*?!# 6/ $'! S$*$!:

"ompensation is re5ired if the property is a patrimonial property that is propertyac5ired by the mnicipality with its private fnds in its corporate or private capacity.Dowever if it is any other property sch a pblic bildings or lega comnal held by themnicipality for the ,tate in trst for the inhabitants the ,tate is free to dispose of it atwill.

Pi#$ " %!"!%!#! "% -**$i#+ * i!! " %!%$/:

eneral rle: The vale mst be that as of the time of the filing of the complaint fore7propriation.

*7ception: When the filing of the case comes later than the time of ta@ing andmeanwhile the vale of the property has increased becase of the se to which thee7propriator has pt it the vale is that of the time of the earlier ta@ing. 4CT if the valeincreased independently of what the e7propriator did then the vale is that of the latterfiling of the case.

S!$i# 105 N *. i4*i%i#+ $'! 6i+*$i# " #$%*$s s'* 6! *ss!5

W'!# !s * *. i4*i% $'! 6i+*$i# " #$%*$s:

10 %f it changes the terms and conditions of a legal contract either as to the time ormode of performance

20 %f it imposes new conditions or dispenses with those e7pressed30 %f it athori9es for its satisfaction something different from that provided in its terms.

A mere change in P'


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S!$i# 125 Ri+'$s " !%s# #!% i#-!s$i+*$i# "% $'! 44issi# " *#""!#s!5

Ri+'$s " !%s# #!% i#-!s$i+*$i# "% $'! C44issi# " *# ""!#s! CODE:SCISI

10 'ight to remain silent20 'ight to have ompetent and independent consel preferably of his own choice30 'ight to provided with the services of consel if he cannot afford the services of one.!0 'ight to be informed of these rights.

W'!# %i+'$s *%! *-*i*6!:

10 A(T*' a person has been ta@en into cstody or

20 When a person is otherwise deprived of his freedom of action in any significant way.30 When the investigation is being condcted by the government -police B


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O$'!% %i+'$s i# %!*$i# $ 6*i5

10 The right to bail shall )


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%&IG)T T# B! )!A& B* )I$S!L( AND #UNS!L'

T'! %i+'$ $ 6! '!*% i#!s $'! ".i#+ %i+'$s:

1. 'ight to be present at the trial

A. The right to be present covers the period from A''A%)?*)T toP'


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The real natre of the crime charged is determined from the recital of facts in the

information. %t is not determined based on the caption or preamble thereof nor from thespecification of the provision of law allegedly violated.

%&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'

F*$%s s! i# !$!%4i#i#+ .'!$'!% $'! %i+'$ $ * s!!/ $%i* '*s 6!!# -i*$!

10 Time e7pired from the filing of the information20 +ength of delay involved30 'easons for the delay!0 Assertion or non8assertion of the right by the accsed$0 Prejdice cased to the defendant.

E""!$ " is4iss* 6*s! # $'! +%# " -i*$i# " $'! *s!Js %i+'$ $s!!/ $%i*

%f the dismissal is valid it amonts to an ac5ittal and can be sed as basis to claimdoble jeopardy. This wold be the effect even if the dismissal was made with theconsent of the accsed

R!4!/ " $'! *s! i" 'is %i+'$ $ s!!/ $%i* '*s 6!!# -i*$!

De can move for the dismissal of the case.%f he is detained he can file a petition for the issance of writ of habeas corps.

D!"i#i$i# " i4*%$i* $%i*

The accsed is entitled to the Icold netrality of an impartial jdgeJ.%t is an element of de process.

D!"i#i$i# " 6i $%i*

The attendance at the trial is open to all irrespective of their relationship to the accsed.Dowever if the evidence to be addced is Ioffensive to decency or pblic moralsJ thepblic may be e7clded.

The right of the accsed to a pblic trial is not violated if the hearings are condcted on,atrdays either with the consent of the accsed or if failed to object thereto.

%&IG)T T# $!!T +ITN!SS (A! T# (A!'

P%s!s " $'! %i+'$:

1. To afford the accsed an opportnity to cross8e7amine the witness2. To allow the jdge the opportnity to observe the deportment of the witness

F*i%! " $'! *s! $ %ss!*4i#! * .i$#!ss

%f the failre of the accsed to cross8e7amine a witness is de to his own falt or was notde to the falt of the prosection the testimony of the witness shold be e7clded.


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W'!# $'! %i+'$ $ %ss!*4i#! is !4*#*6!

%t is demandable only dring trials. Ths it cannot be availed of dring preliminaryinvestigations.

P%i#i* !!$i#s $ $'! %i+'$ " #"%#$*$i#

1. The admissibility of Idying declarationsJ2. Trial in absentia nder ,ection 1!-203. With respect to child testimony

S!$i# 15 A !%s#s s'* '*-! $'! %i+'$ $ * s!!/ issi$i# " $'!i% *s!s6!"%! * ii*8 9*siii*8 % *4i#is$%*$i-! 6i!s5

Dis$i#$i# 6!$.!!# S!$i# 1@ *# S!$i# 1

While the rights of an accsed only apply to the trial phase of criminal cases the right toa speedy disposition of cases covers A++ phases of FCB%"%A+ HCA,%8FCB%"%A+ or

AB?%)%,T'AT%>* proceedings.

S!$i# 15 N !%s# s'* 6! 4!! $ 6! * .i$#!ss *+*i#s$ 'i4s!"5

W'!# is * 9!s$i# i#%i4i#*$i#+:

A 5estion tends to incriminate when the answer of the accsed or the witness woldestablish a fact which wold be a necessary lin@ in a chain of evidence to prove thecommission of a crime by the accsed or the witness.

Dis$i#$i# 6!$.!!# *# *s! *# *# %i#*%/ .i$#!ss

1. An accsed can refse to ta@e the witness stand by invo@ing the right against self8incrimination.

2. An ordinary witness cannot refse to ta@e the stand. De can only refse to answerspecific 5estions which wold incriminate him in the commission of an offense.

S! " %i+'$

1. What is P'


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W' *# i#-?! $'! %i+'$:


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30 A ('ACBC+*)T debt may reslt in the imprisonment of the debtor if:

A. The fradlent debt constittes a crime sch as estafa and4. The accsed has been dly convicted.

S!$i# 215 N !%s# s'* 6! $.i! $ i# !*%/ " #is'4!#$ "% $'! s*4!""!#s!5 I" *# *$ #is'! 6/ * *. *# *# %i#*#!8 #-i$i# % *9i$$*#!% !i$'!% s'* #s$i$$! * 6*% $ *#$'!% %s!$i# "% $'! s*4! *$5

R!9isi$!s "% * -*i !"!#s! " 6! !*%/: CODE: ATS

10 (irst jeopardy mst have attached prior to the second.20 The first jeopardy mst have terminated*

30 The second jeopardy mst be for the same offense as that in the first.

W'!# !s !*%/ ATTACH: (1s$ %!9isi$!) CODE: CICAV

10 A person is charged20 Cnder a complaint or information sfficient in form and sbstance to sstain a

conviction30 4efore a cort of competent jrisdiction!0 After the person is arraigned$0 ,ch person enters a valid plea.

W'!# !s !*%/ NOT *$$*':

10 %f information does not charge any offense20 %f pon pleading gilty the accsed presents evidence of complete self8defense

and the cort thereafter ac5its him withot entering a new plea of not gilty foraccsed.

30 %f the information for an offense cogni9able by the 'T" is filed with the ?T".!0 %f a complaint filed for preliminary investigation is dismissed.

W'!# !s "i%s$ !*%/ TERMINATE: (2ND REKUISITE)

10 Ac5ittal20 "onviction

30 Bismissal WK< the *GP'*,, consent of the accsed!0 Bismissal on the merits.

E*4!s " $!%4i#*$i# " !*%/:

10 Bismissal based on violation of the right to a speedy trial. This amonts to anac5ittal.

20 Bismissal based on a demrrer to evidence. This is a dismissal on the merits.30 Bismissal on motion of the prosection sbse5ent to a motion for reinvestigation

filed by the accsed.!0 Bischarge of an accsed to be a state witness. This amonts to an ac5ittal.

W'!# *# $'! PROSECUTION *!* "%4 *# %!% " is4iss*:

10 %f dismissal is on motion of the accsed. *7ception: %f motion is based on violationof the right to a speedy trial or on a demrrer to evidence.

20 %f dismissal does )


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W'*$ *%! #si!%! $ 6! $'! ,SAME OFFENSE3: (#!% $'! 1s$ s!#$!#! "S!$i# 21)

10 *7act identity between the offenses charged in the first and second cases.20


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D!"i#i$i# " BILL OF ATTAINDER

10 A bill of attainder is a +*%,+AT%>* act which inflicts pnishment WK< FCB%"%A+trial.

20 The bill of attainder does not need to be directed at a specifically named person. %tmay also refer to easily ascertainable members of a grop in sch a way as to inflictpnishment on them withot jdicial trial.

30 *lements of the bill of attainder

A. There mst be a +AW.4. The law imposes a P*)A+ brden on a )A?*B %)>%B%BCA+K*A,%+=

A,"*'TA%)A4+* ?*?4*', of a '

10 Those who are citi9ens of the Philippines at the time of the adoption of the 1/"onstittion

20 Those whose fathers or mothers are citi9ens of the Philippines.30 Those born before Fanary 1 1/3 of (ilipino mothers who elect Philippine

citi9enship pon reaching the age of majority.

!0 Those who are natrali9ed in accordance with law.

M!s " *9i%i#+ i$i


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N*$%*6%# i$i

10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5ireor perfect their Philippine citi9enship.

20 Those who elect Philippine citi9enship nder Art. %> ,ec. 1-30 of 1/ "onstittion.

M*%%i*+! " Fiii# .i$' *# *i!#:

10 General Rule3 The (ilipino '*TA%), Philippine citi9enship20 E9ception3 %f by their act or omission they are deemed nder the law to have

renonced it.

E*4!s " %!##i*$i# " P'iii#! i$i

)atral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5ire thesame via repatriation proceedings. This involves ta@ing an oath of allegiance and filingthe same with the civil registry.

H. 4*/ #! s! i$i

1. 4y direct act of "ongress2. 4y natrali9ation3. 4y repatriation

ARTICLE V – SUFFRA7E

K*i"i*$i#s: CODE: CD1RR

10 Citi9en of the Philippines20 )ot Dis5alified by law30 At least 1 years old!0 Resident of the Philippines for at least 1 year $0 Resident of the place wherein heKshe proposes to vote for at least & months

immediately preceding the election.

%ote3 )< literacy property or other sbstantive re5irement can be imposed on thee7ercise of sffrage.


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R!si!#/ %!9i%!4!#$

Residency, under Article ( has : senses3

1. &!$#C#LE 6 This is in reference to the 1 year residency re5irement in thePhilippines.2. T*?P


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C%*%i!s " !+is*$i-! .!%:

1. "ongress cannot pass irrepealable laws. ,ince "ongressE powers are plenary andlimited only by the "onstittion any attempt to limit the powers of ftre "ongressesvia an irrepealable law is not allowed.

2. "ongress as a general rle cannot delegate its legislative power. ,ince the peoplehave already delegated legislative power to "ongress the latter cannot delegate itany frther.

ECEPTIONS:

1. Belegation of legislative power to local government nits#2. %nstances when the "onstittion itself allows for sch delegation see Art. >% ,ec.

23-20;

W'*$ 4*/ C#+%!ss !!+*$!:

"ongress can only delegate sally to administrative agencies 'C+*8?AN%)P


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S!$i#s 5 HOUSE OF REPRESENTATIVES

C4si$i#:

1. )ot more than 2$ members nless otherwise fi7ed by law# and2. Party8list 'epresentatives

E!$i# " 20 4!46!%s

1. They shall be elected from legislative districts apportioned among the provincescities and the ?etropolitan ?anila area.

2. +egislative districts are apportioned in accordance with the nmber of inhabitants ofeach area and on the basis of a niform and progressive ratio.

a. *ach district shall comprise as far as practicable contigos compact andadjacent territory#b. *ach city with at least 2$ inhabitants will be entitled to at least one

representative.c. *ach province will have at least one representative.d. +egislative districts shall be re8apportioned by "ongress within 3 years after

the retrn of each censs. According to Fac@ however while theapportionment of districts is )olntary rennciation of office for any length of time shall not be considered as aninterrption in the continity of his service for the fll term for which he was elected.

T!%4 Li4i$*$i#s

)o member of the Dose of 'epresentatives shall serve for more than three -30consective terms.

Dis$i#$i#s 6!$.!!# T!%4 *# T!#%!

1. Befinition

a. Terms means the period dring which the elected officer is legally athori9edto assme his office and e7ercise the powers thereof.

b. Tenre is the actal period dring which sch officer actally holds hisposition.


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2. +imitationKPossible 'edctiona. Term "A))ice8President0is valid as it only affects the officers tenre and )


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SEC5 11: CON7RESSIONAL IMMUNITIES

1.0 %mmnity from arrest:

a. +egislators are privileged from arrest while "ongress is Iin sessionJ withrespect to offenses pnishable by p to & years of imprisonment. Ths whether"ongress is in reglar or special session the immnity from arrest applies.b. %f "ongress is in recess members thereof may be arrested.c. The immnity is only with respect to arrests and )


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3. +egislators cannot personally appear asconsel before any cort of jstice

electoral tribnal 5asi8jdicial andadministrative bodies.

Bring his term of office.

!. +egislators cannot be financiallyinterested directly or indirectly in anycontract with or in any franchise or specialprivilege granted by the overnment orany sbdivision agency or instrmentalitythereof inclding any


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Disii#!:

1.0 ,spensiona. "oncrrence of 2K3 of A++ its members andb. ,hall not e7ceed & days.

2.0 *7plsiona. "oncrrence of 2K3 of A++ its members.

C#+%!ssi#* %#*s *# R!%s:

1.0 The Fornal is conclsive pon the corts.2.0 4CT an enrolled bill prevails over the contents of the Fornal.3.0 An enrolled bill is the official copy of approved legislation and bears the certifications

of the presiding officers of each Dose. Ths where the certifications are valid andare not withdrawn the contents of the enrolled bill are conclsive pon the corts asregards the provision of that particlar bill.

A%#4!#$s:

1.0 )either Dose can adjorn for more than 3 days dring the time "ongress is insession withot the consent of the other Dose.

2.0 )either can they adjorn to any other place than that where the two hoses aresitting withot the consent of the other.

S!$i# 1: THE ELECTORAL TRIBUNAL

T'! S!#*$! *# $'! Hs! s'* !*' '*-! *# E!$%* T%i6#* .'i' s'* 6!4s! ":

1. 3 ,preme "ort Fstices to be designated by the "hief Fstice# R2. & ?embers of the ,enate or Dose as the case may be.The senior Fstice in the *lectoral Tribnal shall be its "hairman.

)ote: The congressional members of the *TEs shall be chosen on the basis ofproportional representation from the political parties and party8list organi9ations.

%isi$i#:

1.0 *ach *T shall be the sole jdge of all "


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Iss!s %!+*%i#+ $'! E!$%* T%i6#*s:

1.0 ,ince the *TEs are independent constittional bodies independent even of theDose from which the members are respectively ta@en neither "ongress nor the"orts may interfere with procedral matters relating to the fnctions of the *TEssch as the setting of deadlines or filing their election contests with the respective*Ts.

2.0 The *Ts being independent bodies its members may not be arbitrarily removed fromtheir positions in the tribnal by the parties which they represent. )either may theybe removed for not voting according to party lines since they are actingindependently of "ongress.

3.0 The mere fact that the members of either the ,enate or the Dose sitting on the *T

are those which are soght to be dis5alified de to the filing of an election contestagainst them does not warrant all of them from being dis5alified from sitting in the*T. The "onstittion is 5ite clear that the *T mst act with both members from the," and from the ,enate or the Dose. %f all the legislator8members of the *T wereto be dis5alified the *T wold not be able to flfill its constittional fnctions.

!.0 Fdicial review of decisions of the *Ts may be had with the ," only insofar as thedecision or resoltion was rendered withot or in e7cess of jrisdiction or with graveabse of discretion constitting denial of de process.

S!$i# 1: THE COMMISSION ON APPOINTMENTS

C4si$i#:

1.0 ,enate President as e78officio chairman#2.0 12 ,enators# and3.0 12 ?embers of the Dose.

)ote: The 12 ,enators and 12 'epresentatives are elected on the basis of proportionalrepresentation from the political parties and party8list organi9ations.

V$i#+>A$i#

1.0 The chairman shall only vote in case of a tie.2.0 The "A shall act on all appointments within 3 session days from their sbmission to"ongress.

3.0 The "ommission shall rle by a majority vote of all the ?embers.

%isi$i#

1.0 "A shall confirm the appointments by the President with respect to the followingpositions:

a. Deads of the *7ective Bepartments -e7cept if it is the >ice8President who isappointed to the post0.

b. Ambassadors other pblic ministers or consls.c.


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2.0 "ongress "A))


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Li4i$*$i#s:

1. The in5iry mst be condcted in accordance with the dly pblished rles ofprocedreE of the Dose condcting the in5iry# and

2. The rights of persons appearing in or affected by sch in5iries shall be respected.*7. The right against self8incrimination.

A!*%*#! 6/ !*%$4!#$ '!*s 6!"%! C#+%!ss:

1. ,ince members of the e7ective department are co8e5als with those of thelegislative department nder the principle of separations of powers departmentheads cannot be compelled to appear before "ongress. )either may thedepartment heads impose their appearance pon "ongress.

2. Bepartment heads may appear before "ongress in the following instances:

a. Cpon their own initiative with the consent of the President -and that of theDose concerned0# or

b. Cpon the re5est of either Dose -which cannot compel them to attend0

3. The appearance will be condcted in *G*"CT%>* ,*,,%oting separately

E4!%+!#/ .!%s:

1. Bring times of war or other national emergency "ongress may 4= +AW athori9e

the President to e7ercise powers necessary and proper to carry ot a declarednational policy.

2. +imitations:a. Powers will be e7ercised for a limited period only# andb. Powers will be sbject to restrictions prescribed by "ongress

3. *7piration of emergency powersa. 4y resoltion of "ongress or b. Cpon the ne7t adjornment of "ongress


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S!$i#s 2@28 =0=1 LE7ISLATION

Bis $'*$ 4s$ %i+i#*$! "%4 $'! Hs! " R!%!s!#$*$i-!s (S!$i# 2@)CODE: A R T P L P

1. Appropriation bills2. Revene bills3. Tariff bills4. 4ills athori9ing the increase of blic debt5. 4ills of cal application6. Private bills

)ote: The ,enate may however propose or concr with amendments.

A%%i*$i# 6is

1. The primary and specific aim of an appropriation bill is to appropriate a sm ofmoney from the pblic treasry.

2. Ths a bill enacting the bdget is an appropriations bill.

3. 4CT: A bill creating a new office and appropriating fnds therefor is )ideogram 'eglatory 4oard law imposing a ta7 on video rentals does not ma@ethe law a revene bill.

Bis " * *i*$i#

A bill of local application sch as one as@ing for the conversion of a mnicipality into acity is deemed to have originated from the Dose provided that the bill of the Dose wasfiled prior to the filing of the bill in the ,enate even if in the end the ,enate approved its

own version.

Li4i$*$i#s:

1. (or appropriation bills:

a. "ongress cannot increase the appropriations recommended by the President forthe operation of the overnment as specified in the bdget.

b. *ach provision or enactment in the eneral Appropriations 4ill mst relatespecifically to some particlar appropriation therein and any sch provision orenactment mst be limited in its operation to the appropriation to which it relates.

c. The procedre in approving appropriations for "ongress shall strictly follow theprocedre for approving appropriations for other departments and agencies.

d. A special appropriations bill mst specify the prpose for which it is intended andmst be spported by fnds actally available as certified by the )ationalTreasrer or to be raised by a corresponding revene proposal therein.


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e. Transfer of appropriations:

i. 'le: )o law shall be passed athori9ing any transfer of appropriationsii. 4CT the following may 4= +AW be athori9ed to AC?*)T any item in

the general appropriations law for their respective offices from savings inother items of their respective appropriations

- President- President of the ,enate- ,pea@er of the Dose of 'epresentatives- "hief of Fstice of the ,preme "ort- Deads of the "onstittional "ommissions

f. Biscretionary fnds appropriated for particlar officials shall be:i. Bisbrsed only for pblic prposes#

ii. ,hold be spported by appropriate vochers# andiii. ,bject to gidelines as may be prescribed by law.

g. %f "ongress fails to pass eneral Appropriations 4ill -A40 by the end of anyfiscal year:

i. The A4 for the previos year is deemed reenactedii. %t will remain in fll force and effect ntil the A4 is passed by "ongress.

2. (or law granting ta7 e7emption

%t shold be passed with the concrrence of a ?AFote shallbe ta@en immediately thereafter and the yeas and nays entered in the jornal.


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V!$ .!% " P%!si!#$:

1. *very bill in order to become a law mst be presented to and signed by thePresident.

2. %f the President does not approve of the bill he shall veto the same and retrn it withhis objections to the Dose from which it originated. The Dose shall enter theobjections in the Fornal and proceed to reconsider it.

3. The President mst commnicate his decision to veto within 3 days from the dateof receipt thereof. %f he fails to do so the bill shall become a law as if he signed it.

!. This rle eliminates the poc@et vetoE whereby the President wold simply refse toact on the bill.

$. To *''%B* the veto at least 2K3 of A++ the members of each Dose mst agreeto pass the bill. %n sch case the veto is overriden and becomes a law withotneed of presidential approval.

&. %tem veto

a. The President may veto particlar items in an appropriation revene or tariff bill.

b. This veto will not affect items to which he does not object.

c. Befinition of item

TYPE OF BILL ITEM1. 'eveneKta7 bill ,bject of the ta7 and the ta7 rate imposed thereon2. Appropriations bill %ndivisible sm dedicated to a stated prpose

d. >eto of '%B*'

1. A rider is a provision which does not relate to a particlar appropriation statedin the bill.

2. ,ince it is an invalid provision nder ,ection 2$-20 the President may veto itas an item.

S!i"i i4i$*$i#s # !+is*$i#

1. )o law shall be enacted increasing the ,preme "ortEs appellate jrisdictionwithot the ,"Es advice and concrrence.

2. )o law shall be enacted granting titles of royalty or nobility.

S!$i# 25 POWER TO TA

Li4i$*$i#s:

10 The rle of ta7ation shold be C)%(


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D!!+*$i# " .!% $ "i %*$!s

10 "ongress may 4= +AW athori9e the President to fi7 the following:

a0 Tariff ratesb0 %mport and *7port Hotasc0 Tonnage and wharfage desd0 ,ec ! -300

30 rants endowments donations or contribtions sed actally directly ande7clsively for edcational prposes shall be e7empt from ta7. This is sbject toconditions prescribed by law. -Art. G%>. ,ec ! -!00

S!$i# 25 P.!% " $'! P%s!

10 )o money shall be paid ot of the )ational Treasry *G"*PT in prsance of anappropriation made by law.

a0 This places the control of pblic fnds in the hands of "ongress.b0 4CT: This rle does not prohibit contining appropriations. e.g. for debt

servicing. This is becase the rle does not re5ire yearly or annalappropriation.

20 +imitations.

a0 Appropriations mst be for a PC4+%" PC'P


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c0 4CT the government is not prohibited from appropriating money for a validseclar prpose 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 ofclergymen.

d0 A+,


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)ote: The >ice8President has the same 5alifications R term of office as the President.De is elected with R in the same manner as the President. De may be removed fromoffice in the same manner as the President.

S!$i# @5 MANNER OF ELECTION> TERM OF OFFICE

M*##!% " E!$i#

10 The President and >ice8President shall be elected by direct vote of the people.

20 *lection retrns for President and >ice8President as dly certified by the proper4oard of "anvassers shall be forwarded to "ongress directed to the ,enatePresident.

30 )ot later than 3 days after the day of the election the certificates shall be opened inthe presence of both hoses of "ongress assembled in joint pblic session.

!0 The "ongress after determining the athenticity and de e7ection of thecertificates shall canvass the votes.

$0 The person receiving the highest nmber of votes shall be proclaimed elected.

&0 %n case of a tie between 2 or more candidates one shall be chosen by a majority of A++ the members of both Doses voting separately. %n case this reslts in adeadloc@ the ,enate President shall be the acting President ntil the deadloc@ isbro@en.

0 The ,preme "ort en banc shall act as the sole jdge over all contests relating tothe election retrns and 5alifications of the President or >ice8President and maypromlgate its rles for the prpose.

T!%4 " O""i!

1) P%!si!#$

a0 & years beginning at noon on 3 Fne immediately following the election andending at noon on the same day & years later.

b0 Term limitation: ,ingle term only# not eligible for any reelection.

c0 Any person who has scceeded as President and served as sch for more than! years shall )olntary rennciation of the office for any length of time is )ice8President waselected.


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S!$i# 5 SALARIES AND EMOLUMENTS

10 P8elect will be Acting President ntilsomeone is 5alifiedKchosen as President.

President8elect dies or is permanentlydisabled.

>P becomes President.

4oth President and >P8elect are notchosen or do not 5alify or both die orboth become permanently disabled.

1. ,enate President or 2. %n case of his inability the ,pea@er of

the Dose shall act as President ntil aPresident or a >P shall have beenchosen and 5alified.

%n case of death or disability of -10 and -20

"ongress shall determine by law who willbe the acting President.

2. >acancies after the office is initially filled:

>A"A)"= ,C""*,,


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c0 The special election shall be held not earlier than !$ days not later than & daysfrom the time of the enactment of the law.

d0 The 3 readings for the special law need not be held on separate days.

e0 The law shall be deemed enacted pon its approval on third reading.

4CT: )o special election shall be called if the vacancy occrs within 1 monthsbefore the date of the ne7t presidential election.

5) Temporary disability of the President:

The temporary inability of the President to discharge his dties may be raised ineither of two ways:

a0 4y the President himself when he sends a written declaration to the ,enatePresident and the ,pea@er of the Dose. %n this case the >ice8President willbe Acting President ntil the President transmits a written declaration to thecontrary.

b0 When a majority of the "abinet members transmit to the ,enate Presidentand the ,pea@er their written declaration.

-i0 The >P will immediately be Acting President.

-ii0 4CT: %f the President transmits a written declaration that he is not

disabled he reassmes his position

-iii0 %f within $ days after the President re8assmes his position themajority of the "abinet retransmits their written declaration "ongressshall decide the isse. %n this event "ongress shall reconvene within! hors if it is not in session withot need of a call.

-iv0 Within 1 days after "ongress is re5ired to assemble or 12 days if"ongress is not in session a 2K3 majority of both Doses votingseparately is needed to find the President temporarily disabled inwhich case the >P will be Acting President.

&0 Presidential %llness:

a0 %f the President is seriosly ill the pblic mst be informed thereof.

b0 *ven dring sch illness the )ational ,ecrity Adviser the ,ecretary of(oreign Affairs and the "hief of ,taff of the A(P are entitled to access to thePresident


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S!$i# 1=5 DISKUALIFICATIONS,C4F*"T ,


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S!:

The President shall appoint the following:

10 Deads of e7ective departments -"A confirmation needed0:20 Ambassadors other pblic ministers and consls -"A confirmation needed0.30


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Ai#$!%i4 *i#$4!#$s:

10 When "ongress is in recess the President may still appoint officers to positionssbject to "A confirmation.

20 These appointments are effective immediately bt are only effective ntil they aredisapproved by the "A or ntil the ne7t adjornment of "ongress.

30 Appointments to fill an office in an actingE capacity are )


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$0 Halified political agency does )


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3. +imitations:

a. ,spension or proclamation is effective for only & days.

b. Within ! hors from the declaration or sspension the President mstsbmit a report to "ongress.

c. "ongress by majority vote and voting jointly may revo@e the same and thePresident cannot set aside the revocation.

d. %n the same manner at the PresidentEs initiative "ongress can e7tend thesame for a period determined by "ongress if:

i. %nvasion or rebellion persist and

ii. Pblic safety re5ires it.

)


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3.0 A+,


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S!$i# 205 P.!% $ C#$%*$ % 7*%*#$!! F%!i+# L*#s

Li4i$*$i#s:

-10 The President may contract or garantee foreign loans on behalf of the 'epblic ofthe Philippines with the prior concrrence of the ?onetary 4oard# and

-20 ,bject to sch limitations as may be provided by law.

S!$i# 215 F%!i+# R!*$i#s P.!%s i#!:

-10 Power to negotiate treaties and other international agreements

-a0 4CT: ,ch treaty of international agreement mst be concrred in by at least

2K3 of all ,enators in order to be valid and effective in or contry.

-b0


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-b0 %n the absence of any legislative restriction to athority the Presidentmay still e7ercise this power.

-c0 The power to deport aliens is limited by the re5irements of deprocess which entitles the alien to a fll and fair hearing.

4CT: The alien is not entitled to bail as a matter of right.

ARTICLE VIII5 THE UDICIAL DEPARTMENT

SEC5 15 UDICIAL POWER

S!:

1. Fdicial power is the athority to settle jsticiable controversies or disptes involvingrights that are enforceable and demandable before the corts of jstice or the redressof wrongs for violations of sch rights.

2. >ested in the ,preme "ort and sch lower corts as may be established by law.

3. ,ince the corts are given jdicial powerE and nothing more corts may neitherattempt to assme or be compelled to perform non8jdicial fnctions. They may notbe charged with administrative fnctions e7cept when reasonably incidental to theflfillment of their dties.

!. %n order that corts may e7ercise this power there mst e7ist the following:

a. An actal controversy with legally demandable and enforceable rights#b. %nvolving real parties in interest#c. The e7ercise of sch power will bind the parties by virte of the cortEs

application of e7isting laws.

$. Fdicial power cannot be e7ercised in vacm. Withot any laws from which rightsarise and which are violated there can be no recorse to the corts.

&. The corts cannot be as@ed for advisory opinions.

. Fdicial power incldes:

a. The dty of the corts to settle actal controversies involving rights which arelegally demandable and enforceable# and

b. To determine whether or not there has been a grave abse of discretionamonting to lac@ or e7cess of jrisdiction on the part of any branch orinstrmentality of the government.

Pi$i* K!s$i#s:

1. A political 5estionE is one the resoltion of which has been vested by the"onstittion e7clsively in either the people in the e7ercise of their sovereigncapacity or in which fll discretionary athority has been delegated to a co8e5albranch of the overnment.

2. Ths while corts can determine 5estions of legality with respect to governmentalaction they cannot review government policy and the wisdom thereof for these5estions have been vested by the "onstittion in the *7ective and +egislativeBepartments.


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SEC5 25 ROLES OF CON7RESS

1. Befining enforceable and demandable rights and prescribing remedies for violationsof sch rights# and

2. Betermining the cort with jrisdiction to hear and decide controversies or disptesarising from legal rights.

3. Ths "ongress has the power to define prescribe and apportion the jrisdiction ofvarios corts.

!. 4CT "ongress cannot deprive the ,preme "ort of its jrisdiction over casesprovided for in the "onstittion.

$. "reation and abolition of corts:a. The power to create corts implies the power to abolish and even re8

organi9e corts.b. 4CT this power cannot be e7ercised in a manner which wold ndermine

the secrity of tenre of the jdiciary.c. %f the abolitionKre8organi9ation is done in good faith and not for political orpersonal reasons then it is >A+%B. -same rle applies for civil servants0

SEC5 =5 FISCAL AUTONOMY

1. The entire jdiciary shall enjoy fiscal atonomy.2. Annal appropriations for the jdiciary cannot be redced below the amontappropriated for the previos year.3.


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S!$i# 5 UDICIAL AND BAR COUNCIL

1. The Fdicial and 4ar "oncil is nder the spervision of the ,".

A. %s nder the spervision of the ,preme "ort and is composed of:1. "hief Fstice as e78officio chairman2. ,ecretary of Fstice as an e78officio member 3. 'epresentative of "ongress as an e78officio member !. 'epresentative of the %ntegrated 4ar $. A professor of law&. A retired member of the ,"# and. Private sector representative

N$!: The last for re the reglar members of the F4". 'eglar members are

appointed by the President with "A approval. 'eglar members serve for ! years withstaggered terms.

4. (nctions of F4"

1. Principal fnction: recommend appointees to the Fdiciary2. *7ercise sch other fnctions as the ," may assign to it.

". Appointments to the Fdiciary

1. President shall appoint from a list of at least 3 nominees for eachvacancy as prepared by the F4".

2. )o "A confirmation is needed for appointments to the Fdiciary.3. >acancies in ," shold be filled within / days from the occrrenceof the vacancy.!. >acancies in lower corts shold be filled within / days fromsbmission to the President of the F4" list.

SEC5 105 SALARIES

1. ,alaries of ," Fstices and jdges of lower corts shall be fi7ed by law.2. "annot be decreased dring their continance in office bt can be increased.3. ?embers of the Fdiciary are )DISCIPLINARY POWERS OF SC

1. ?embers of the ," and jdges of the lower corts hold office dring good behaviorntil

a. The age of years old# or b. They become incapacitated to discharge their dties.

2. Bisciplinary action against jdges of lower corts:a.


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SECS5 @8 1=5 THE SUPREME COURT

H!*%i#+ " *s!s:

1. *n banc# or 2. Bivisions of 3 $ or .

C*s!s %!9i%! $ 6! '!*% !# 6*#:

1. All cases involving constittionality of aKan:a. Treatyb. %nternational or e7ective agreement or c. +aw.

2. All cases re5ired to be heard en banc nder the 'les of "ort:a. Appeals from Sandiganbayan# andb. (rom the "onstittional "ommissions

3. All cases involving the constittionality application or operation ofa. Presidential decreesb. Proclamationsc. ice8President.

C*s!s '!*% 6/ i-isi#

1. ?st be decided with the concrrence of a majority of the members who too@ part in

the deliberations and voted thereon.2. ?ajority vote in a division shold be at least 3 members.

P.!%s " $'! SC

1. ," has


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a. All cases involving the constittionality or validity of anyi. treaty

ii. international or e7ective agreementiii. lawiv. presidential decreev. proclamationvi. order vii. instrctionviii. ordinance or i7. reglation#

b. All cases involving the legality of anyi. ta7ii. impost

iii. assessment or iv. toll or v. any penalty imposed in relation thereto#

c. All cases in which the jrisdiction of any lower cort is in isse

d. "riminal cases where the penalty imposed is reclsion perpeta or higher# and

e. All cases where


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)ote: This procedre shall also be observed by all lower collegiate corts -"A "TAand the Sandiganbayan0.

UDICIAL REVIEW

D!"i#i$i#

1. Fdicial 'eview is the power of the ," to declare a law treaty ordinance etc.nconstittional.

2. +ower corts may also e7ercise the power of jdicial review sbject to the appellate jrisdiction of the ,".

3.


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ARTICLE I – THE CONSTITUTIONAL COMMISSIONS

S!$i# 15 C#s$i$$i#* C44issi#s

I#!!#!#$ C#s$i$$i#* C44issi#s:

10 "ivil ,ervice "ommission -","020 "ommission on *lections -"


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S!$i# 5 RULES OF PROCEDURE

P%!%!s:

10 'les: The "ommissions may promlgate its own rles *) 4A)".20 +imitation: %t shall not:

a0 Biminishb0 %ncrease or c0 ?odify sbstantive rights.

30 Power of ,"

a0. The ," may not nder Art. >%%% ,ec. $-$0 e7ercise the power to disapproverles of Ospecial corts and 5asi8jdicial bodies.O

b0. %n proceedings before the "ommissions the rles of the "ommission prevail. c0. %n proceedings before a cort the 'les of "ort prevail.d0. The ," may however in appropriate cases e7ercise FCB%"%A+ '*>%*W

S!$i# 5 DECISION MAIN7>APPEAL

D!isi#M*?i#+:

10 *ach commission shall decide matter or cases by a majority vote of all the memberswithin & days from sbmission.

"


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K*i"i*$i#s:

10 )atral8born citi9ens of the Philippines#20 At least 3$ years old at the time of their appointments#30 With proven capacity for pblic administration# and!0 )


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B. 4oth types of positions are entitled to secrity of tenre. They only differ in the?A))*' in which they are filled.

*. Who may be appointed:

10. 'C+*: Whoever flfills all the 5alifications prescribed by law for a particlarposition may be appointed therein.

20. The "," cannot disapprove an appointment jst becase another person isbetter 5alified as long as the appointee is himself 5alified.

30. The "," "A))


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A6i$i# " O""i!

To be valid abolition mst be made:

-a0 %n good faith# -good faith is presmed0-b0 )ot for political or personal reasons# and-c0 )ot in violation of law.

T!4%*%/ !4/!!s *%! -!%! 6/ $'! ".i#+ %!s:

10. )ot protected by secrity of tenre 8 can be removed anytime even withot case20. %f they are separated this is considered an e7piration of his term.30. 4CT: They can only be removed by the one who appointed them.!0. *ntitled only to sch protection as may be provided by law.

N ""i!% % !4/!! i# $'! Ci-i S!%-i! s'* !#+*+! i# *#/ !!$i#!!%i#+ % i#*%$is*# i$i* *$i-i$/

10 "annot solicit votes in favor of a particlar candidate.20 "annot give campaign contribtions or distribte campaign materials.30 4CT: Allowed to e7press views on political isses and to mention the names of the

candidates whom he spports.!0 Prohibition does not apply to department secretaries

Ri+'$ $ %+*#i

The right to organi9e does )


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30. Appointive officials

a0. "annot hold any other office or employment in the government anysbdivision agency instrmentality inclding %% ,ec. 13. They are governed by the stricter prohibitionscontained therein.

S!$i# 5 COMPENSATION

10 Prohibitions: applies to elected or appointed officers and employees

"annot receive: A. Additional 8 an e7tra reward given for the same office i.e. bons4. Boble 8 when an officer is given 2 sets of compensation for 2

different offices held concrrently by 1 officer ". %ndirect "ompensation

20 *G"*PT%


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T!%4:

10 "hairman 8 yrs# 3 ?embers 8 yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs.20 +%?%TAT%


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%ote3 Hestions involving the right to vote fall within the jrisdiction of the ordinarycorts.

!0 Bepti9e with the concrrence of the President law enforcement agencies andinstrmentalities of the overnment inclding the Armed (orces of the Philippinesfor the e7clsive prpose of ensring free orderly honest peacefl and credibleelections.

a0. This power is )


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S!$i# =5 RULES OF PROCEDURE>DECISIONMAIN7

R!s " P%!%!

10 "


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S!$i# 5 N *%#8 *4#!s$/8 *%!8 % ss!#si# " s!#$!#! "% -i*$i# "!!$i# *.s8 %!s8 *# %!+*$i#s s'* 6! +%*#$! 6/ $'! P%!si!#$ .i$'$ $'!"*-%*6! %!44!#*$i# " $'! C44issi#5

S!$i#

D!"i#i$i# " Pi$i* P*%$/

organi9ed grop of persons prsing the same political ideals in agovernment and incldes its branches and divisions

I4%$*#! " %!+is$%*$i# " * i$i* *%$/

10 'egistration confers jridical personality on the party.

20 %t informs the pblic of the partySs e7istence and ideals.30 %t identifies the party and its officers for prposes of reglation by the "


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S!$i# 115 FUNDIN7

H. %-i!

10 (nds certified by the "


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20 "ondct post8adit with respect to the following:

A. "onstittional bodies commissions and offices granted fiscal atonomy#4. Atonomos state colleges and niversities#".


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&0 Prosectors may still review acconts already settled and approved by "


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S!$i# @5 PRESIDENTIAL SUPERVISION OF L7US

S!%-isi# " P%!si!#$

10 The President e7ercises general spervision over all +Cs20 The President e7ercises B%'*"T spervision over

A. Provinces4. Atonomos regions and". %ndependent cities.

30 This power is limited to ensring that lower officers e7ercise their fnctions inaccordance with law.

!0 The president cannot sbstitte his jdgment for that of an +C official nless thelatter is acting contrary to law.

$0 The President may however impose administrative sanctions against +C officialssch as sspension for 12 days and may even remove them from their posts inaccordance with law.

&0 Provinces e7ercise direct spervision over component cities and mnicipalities.

0 "ities and mnicipalities e7ercise direct spervision over component barangays.

S!$i# 5 EACH LOCAL 7OVERNMENT SHALL HAVE THE POWER TO CREATEOWN SOURCES OF REVENUE>LEVY TAES8 FEES AND CHAR7ES ETC5

Li4i$*$i#s # P.!%

10 %t is sbject to sch gidelines and limitations as "ongress may provide. ,ee +ocalovernment "ode for e7amples.

20 The gidelines set by "ongress shold be consistent with the basic policy of localatonomy.

A%* " $*!s8 "!!s8 '*%+!s

The ta7es fees and charges shall accre e7clsively to the local governments.

S!$i# 5 L7Us SHALL HAVE A UST SHARE IN NATIONAL TAES8 ASDETERMINED BY LAW8 WHICH SHALL BE AUTOMATICALLY RELEASEDTO THEM

I#$!%#* R!-!#! A$4!#$ (IRA)

10 ,hare of +Cs in national ta7es is limited to the internal revene ta7es.20 The share of each +C shold be released withot need of any frther action

directly to the provincial city mnicipal or barangay treasrer. 'elease is made ona 5arterly basis within $ days after the end of each 5arter.

30 The share of each +C shold not be sbject to any lien or holdbac@ that may beimposed by the national government for whatever prpose.

!0 *ach +C shold appropriate in its annal bdget at least 2Q of its annal %'A fordevelopment projects.


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$0 Adjstments in %'A A. rond: Cnmanageable pblic section deficit

4. President can ma@e the necessary adjstments in the %'A pon therecommendation of the following:

1. Bepartment of (inance ,ecretary2. B%+ ,ecretary3. B4? ,ecretary

&0 %'A considered for prposes of conversion from one political sbdivision to the ne7t.-Alvare9 v. ingona0

S!$i# 5 SHARE OF L7US IN NATIONAL WEALTH

S'*%! " L7Us i# #*$i#* .!*$'

10 +Cs are entitled to an e5itable share in the proceeds of the tili9ation anddevelopment of the national wealth within their respective areas in the mannerprovided by law.

20 This incldes share the same with the inhabitants by way of direct benefits.

U#!% $'! L7C

10 +Cs have a share of !Q of the gross collection derived by the nationalgovernment from the preceding fiscal year from

A. ?ining ta7es4. 'oyalties". (orestry and fishery chargesB.


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SEC5 5 SECTORAL REPRESENTATION IN L7US

L!+is*$i-! 6i!s " $'! * +-!%#4!#$s s'* '*-! S!$%* R!%!s!#$*$i#(#!% $'! L7C) *s 4*/ 6! %-i! 6/ *.

There shold be representatives from:

10 The womenEs sector 20 The wor@ers30 Third sector -can choose from any of the following0

A0 Crban poor 40 %ndigenos cltral commnities"0 Bisabled personsB0 Any other sector as may be determined by the sanggnian

E!$i# " S!$% R!%!s!#$*$i-!s

SEC5 105 C%!*$i#8 *6i$i# *# i-isi# " L7UJs

;8 Re-uisites

A. "ompliance with the re5irements of the +ocal overnment "ode# and4. Approved by a majority of the votes cast in a plebiscite held in the political

nits B%'*"T+= affected.

20 Ths a province is spposed to be divided into 2 separate provinces plebiscite willinclde voters of the *)T%'* province and not jst the area to comprise the newprovince.

30 +" re5irements relate to matters sch as poplation revene and areare5irements.

S!5 115 M!$%i$*# i$i* s6i-isi#s

C%!*$i#:

10 "ongress may create special metropolitan political sbdivisions by law.

20 %t is sbject to a plebiscite

%isi$i# " M!$%i$*# *$'%i$/%t is limited to basic services re5iring coordination.

B*si A$#4/ " C4#!#$ Ci$i!s *# M#ii*i$i!s

10 The component cities and mnicipalities retain their basic atonomy20 They shall be entitled to their own local e7ective and legislative assemblies.

SEC5 125 CITIES

C*ssi"i*$i# " Ci$i!s:

10 Dighly rbani9ed -as determined by law020 "omponent cities -cities still nder provincial control0# and30 %ndependent component cities -non8highly rbani9ed cities whose voters are

prohibited by thecity charter from voting in provincial elections0


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I#!!#!#! "%4 $'! P%-i#!

10 Dighly rbani9ed cities and independent component cities are independent of theprovince.

20 "omponent cities whose charter contain no sch prohibition are still nder thecontrol of the province and its voters may still vote for elective provincial officials.

S!$i# 1=5 C%i#*$i# *4#+ L7US

C#si*$i# *# C%i#*$i# " E""%$s8 S!%-i!s *# R!s%!s

10 %t is optional on the part of +Cs as shown by the se of the word ImayJ20 %t can be done for prposes commonly beneficial to them in accordance with the law.

U#!% L7C (S!$i# ==)

10 "onsolidation and coordination may be done throgh appropriate ordinances.20 A pblic hearing shold be condcted and the approval of the sanggnian obtained.30 An +C can:

A. "ontribte fnds real estate e5ipment and other @inds of property4. AppointKassign personnel nder sch terms and conditions as may be agreed

pon by the participating +Cs throgh ?emoranda of Agreement.

S!$i# 1@5 RE7IONAL DEVELOPMENT COUNCILS

W' *# %-i! "% RDCThe President shall provide for 'B" or other similar bodies composed of:

C4si$i#

10 +ocal government officials20 'egional heads of departments and other government offices30 'epresentatives of )


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!0 %T= of sch creation occrs only when it is approved by a majority of the

votes cast in a plebiscite held among the constitent nits.30


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S!$i# 215 PRESERVATION OF PEACE AND ORDER>DEFENSE AND SECURITY

P!*! *# O%!% %t shall be the responsibility of the local police agencies.

D!"!#s! *# S!%i$/%t shall be the responsibility of the national government.

ARTICLE I: ACCOUNTABILITY OF PUBLIC OFFICERS

S!$i# 1: PUBLIC OFFICE AS A PUBLIC TRUST

P6i ""i!%s *# !4/!!s 4s$ *$ * $i4!s 6! *#$*6! $ $'! !!8s!%-! $'!4 .i$' $4s$ %!s#si6ii$/8 i#$!+%i$/8 /*$/ *# !""ii!#/8 *$ .i$'*$%i$is4 *# s$i! *# !* 4!s$ i-!s5

S!$i# 2: IMPEACHMENT>REMOVAL FROM OFFICE

I4!*'4!#$: (*s 4!*#s " %!4-* "%4 ""i!)

15 W' 4*/ 6! i4!*'!:

President>P

," Fstices"onstittional "ommission members


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S!$i# =: PROCEDURE FOR IMPEACHMENT

Esi-! P.!% " Hs! " R!%!s!#$*$i-!s

The Dose of 'epresentatives has e7clsive power to %)%T%AT* all cases ofimpeachment.

P%!%!:

1. (illing of verified complaint

a. "an be filed by:

1. Any member of the Dose of 'epresentatives or

2. Any citi9en pon a resoltion of endorsement by any ?ember ofthe Dose or 3. 4y at least 1K3 of all the ?embers of the Dose of 'epresentatives

consti law 1 reviewer

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