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POLITICAL LAW REVIEWERCONSTITUTIONAL LAW

ARTICLE I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:

1. The Philippine archipelago 2. With all the islands and waters embraced therein 3. And all other territories over which the Philippines has sovereignty

or jurisdiction 4. Consisting of its CODE: TFA

1. Terrestrial 2. Fluvial; and 3. Aerial domains

5. Including its CODE: TSSIO1. Territorial sea 2. The seabed 3. The subsoil 4. The insular shelves; and 5. The other submarine areas

6. The waters CODE: ABCI1. Around 2. Between and 3. Connecting 4. The islands of the archipelago 5.

Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago- An archipelago is a body of water studded with islands. The

Philippine archipelago is that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”- It includes any territory that presently belongs or might in the future

belong to the Philippines through any of the internationally accepted modes of acquiring territory.

Archipelagic principleTwo elements:

1. The definition of internal waters (as provided above); 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.

3.Important distances with respect to the waters around the Philippines1. Territorial sea - 12 nautical miles (n.m.)2. Contiguous zone - 12 n.m. from the edge of the territorial sea3. Exclusive economic zone - 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: PTSG1. A community of persons, more or less numerous (PEOPLE) 2. Permanently occupying a definite portion of territory (TERRITORY) 3. Independent of external control (SOVEREIGNTY) 4. Possessing an organized government to which the great body of

inhabitants render habitual obedience (GOVERNMENT)

Definition of “People” CODE: CNCH1. A Community of persons; 2. Sufficient in Number; 3. Capable of maintaining the continued existence of the community;

and 4. Held together by a common bond of law.

Definition of “Sovereignty” LEGAL sovereignty 1. The supreme power to make law. 2. It is lodged in the people.

POLITICAL sovereignty 1. The sum total of all the influences in a state, 2. Legal and non-legal, 3. Which determine the course of law.

According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.

Definition of “Government”1. That institution or aggregate of institutions 2. by which an independent society 3. makes and carries out those rules of action 4. which are necessary to enable men to live in a social state 5. or which are imposed upon the people forming that society by those

who possess the power or authority of prescribing them.

Classification of governments1. De jure – one established by the authority of the legitimate sovereign2. De facto – one established in defiance of the legitimate sovereign Classification of de facto governments

De facto proper 1. That government that gets possession and control of 2. or usurps by force or by the voice of majority 3. the rightful legal government 4. and maintains itself against the will of the latter.

Government of paramount force 1. That which is established and maintained by military forces 2. who invade and occupy a territory of the enemy 3. in the course of war.

That established as an independent government by the inhabitants of a country who rise in insurrection against the parent state.

Definition of “Republican State”It is one wherein all government authority emanates from the people and is exercised by representatives chosen by the people.

Definition of Democratic StateThis merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum.

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Kind of war renounced by the PhilippinesThe Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not renounce defensive war.Some “generally accepted principles of international law” recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)

2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nationsThis does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of executive discretion.

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.

Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Policy of freedom from nuclear weapons The policy PROHIBITS:

1. The possession, control and manufacture of nuclear weapons

2. Nuclear arms tests. The policy does NOT prohibit the peaceful uses of nuclear energy.

Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. etc. Principle that the family is not a creature of the state.

Protection for the unborn1. It is not an assertion that the unborn is a legal person. 2. It is not an assertion that the life of the unborn is placed exactly on

the level of the life of the mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed.

3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception.

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

1. While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)

2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v. Factoran)

Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III – BILL OF RIGHTS

Sec. 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Definition of “Police Power”:1) Power vested in the legislature2) By the Constitution3) To make, ordain, and establish4) All manner of wholesome and reasonable laws, statutes, and ordinances5) Either with penalties or without6) Not repugnant to the constitution7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.

Aspects of “Due Process”:1. Procedural due process – refers to the mode of procedure which

government agencies must follow in the enforcement and application of laws.

2. Substantive due process – prohibition against arbitrary laws.

Note: PROCEDURAL DUE PROCESS:1. A law which hears before it condemns. 2. Due process of law contemplates notice and opportunity to be

heard before judgment is rendered affecting one’s person or property (Lopez v. Dir. of Lands)

3. Due process depends on circumstances; it varies with the subject matter and the necessities of the situation.

Requisites of PROCEDURAL due process:For JUDICIAL proceedings: CODE: C J N O H

1. A court or tribunal clothed with judicial power to hear and determine the matter before it.

2. J urisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings.

3. The defendant must be given notice and an opportunity to be heard.

4. Judgment must be rendered upon a lawful hearing.

For ADMINISTRATIVE proceedings: CODE: H E D S H I P1. The right to a hearing, which includes the right to present one’s

case and submit evidence in support thereof. 2. The tribunal must consider the evidence presented. 3. The decision must have something to support itself. 4. Evidence supporting the conclusion must be substantial. 5. 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.

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 P1. The student must be informed in writing of the nature and cause of

any accusation against them. 2. The student shall have the right to answer the charges against him,

with the assistance of counsel if desired. 3. The student has the right to be informed of the evidence against

him. 4. The student has the right to adduce evidence in his own behalf. 5. The evidence must be duly considered by the investigating

committee or official designated by the school authorities to hear and decide the case.

6. 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; cross-

examination is not essential

Instances when hearings are NOT necessary:1. When administrative agencies are exercising their quasi-legislative

functions. 2. Abatement of nuisance per se. 3. Granting by courts of provisional remedies. 4. Cases of preventive suspension. 5. Removal of temporary employees in the government service. 6. Issuance of warrants of distraint and/or levy by the BIR

Commissioner. 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 court’s jurisdiction. 10. Suspension of a bank’s operations by the Monetary Board upon a

prima facie finding of liquidity problems in such bank.

Note:1. The right to counsel is a very basic requirement of substantive due

process and has to be observed even in administrative and quasi-judicial bodies.

2. The right to appeal is a statutory privilege that may be exercised only in the manner in accordance with law.

Requisites of SUBSTANTIVE due process: CODE: I M1. The INTERESTS of the public generally, as distinguished from

those of a particular class, requires the interference by the government and

2. The MEANS employed are necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.

Requirements of a valid ordinance:1. Must not contravene the Constitution or any statute

2. Must not be unfair or oppressive 3. Must not be partial or discriminatory 4. Must not prohibit, but may regulate trade 5. Must be general and consistent with public policy 6. 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 lawThe 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: SGEE1. Rest on SUBSTANTIAL DISTINCTIONS 2. Be GERMANE to the purposes of the law 3. Not limited to existing conditions only 4. APPLY EQUALLY to all members of the SAME CLASS.

Sec. 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 D1. 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. 4. The warrant must PARTICULARLY DESCRIBE the place to be

searched and person or things to be seized.

Definition of “PROBABLE CAUSE” For the issuance of a warrant of arrest:- Probable cause refers to such facts and circumstances which would

lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.

For the issuance of a search warrant:- Probable cause would mean such facts and circumstances which

would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place to be searched.

Note: Probable cause for the issuance of a search warrant does NOT require that the probable guilt of a specific offender be established, unlike in the case of a warrant of arrest.Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”

The judge is NOT required to personally examine the complainant and his witnesses. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause (Soliven v. Makasiar, 167 SCRA 394).To be sure, the Judge must go beyond the prosecutor’s certification and investigation report whenever necessary (Lim v. Felix).

Procedure:1. The judge personally evaluates the report and supporting

documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest or

2. If on the basis thereof, the judge finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at the conclusion as to the existence of probable cause.

Examination “UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES”

1. The oath required must refer to the truth of the facts within the personal knowledge of the complainant or his witnesses because the purpose is to convince the judge of the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).

2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant is whether it has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for the damages caused (Alvarez v. CFI).

PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)1. A search warrant may be said to particularly describe the things to

be seized when the description therein is as specific as the circumstances will ordinarily allow or

2. When the description expresses a conclusion of fact – not of law – by which the warrant officer may be guided in making the search and seizure or

3. When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA 823).

JOHN DOE WARRANTA “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 WARRANTA general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described.

VALID WARRANTLESS SEARCH Search made as an incident to lawful arrest

An officer making an arrest may take from the person arrested: 1. Any money or property found upon his person which was used in

the commission of the offense or 2. Was the fruit thereof or 3. Which might furnish the prisoner with the means of committing

violence or escaping or 4. Which may be used in evidence in the trial of the case

The search must be made simultaneously with the arrest and it may only be made in the area within the reach of the person arrested

Search of moving vehicles 1. This exception is based on exigency. Thus, if there is time to obtain a

warrant in order to search the vehicle, a warrant must first be obtained. 2. The search of a moving vehicle must be based on probable cause.

Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and Customs Code

1. The Tariffs and Customs Code authorizes persons having police authority under the Code to effect search and seizures without a search warrant to enforce customs laws.

2. Exception: A search warrant is required for the search of a dwelling house.

3. Searches under this exception include searches at borders and ports of entry. Searches in these areas do not require the existence of probable cause.

Seizure of evidence in plain view 1. To be a valid warrantless search, the articles must be open to the

eye and hand. 2. The peace officer comes upon them inadvertently.

Waiver of right Requisites of a valid waiver: 1. The right exists. 2. The person had actual or constructive knowledge of the existence

of such right. 3. There is an actual intention to relinquish such right.

1. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same.

2. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver.

3. The search made pursuant to the waiver must be made within the scope of the waiver.

Note:1. Checkpoints: as long as the vehicle is neither searched nor its

occupants subjected to a body search and the inspection of the vehicle is limited to a visual search = valid search (Valmonte V. De Villa)

2. Carroll rule: warrantless search of a vehicle that can be quickly moved out of the locality or jurisdiction

3. The 1987 Constitution has returned to the 1935 rule that warrants may be issued only by judges, but the Commissioner of Immigration may order the arrest of an alien in order to carry out a FINAL deportation order.

VALID WARRANTLESS ARRESTS- When the person to be arrested has committed, is actually committing,

or is about to commit an offense in the presence of the arresting officer.

- When an offense has in fact just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it.

- When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Waiver of an invalid arrest: When a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest.

Hot pursuit A. The pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest.B. There must be no supervening event which breaks the continuity of the chase.

Stop and frisk When a policeman observes suspicious activity which leads him to believe that a crime is about to be committed, he can investigate the suspicious looking person and may frisk him for weapons as a measure of self-protection. Should he find, however, a weapon on the suspect which is unlicensed, he can arrest such person then and there for having committed an offense in the officer’s presence.

Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceedings. R.A. 4200 (Anti-Wiretapping Act) - The law does not distinguish between a party to the private communication or a third person. Hence, both a party and a third person could be held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)

The use of a telephone extension to overhear a private conversation is not a violation of R.A. 4200 because it is not similar to any of the prohibited devices under the law. Also, a telephone extension is not purposely installed for the purpose of secretly intercepting or recording private communication. (Gaanan v. IAC, 145 SCRA 112)

Types of communication protected:Letters, messages, telephone calls, telegrams and the like.

Exclusionary rule:Any evidence obtained shall be inadmissible for any purpose in any proceeding. However, in the absence of governmental interference, the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals. (People v. Martin)

Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances. What are considered protected speech:Protected speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included within the meaning of speech.

Prohibitions under Section 41. Prohibition against PRIOR RESTRAINT 1. Prohibition against SUBSEQUENT PUNISHMENT

Prohibition against prior restraint1. Prior restraint means official governmental restrictions on the press

or other forms of expression in advance of actual publication or dissemination.

2. Examples/forms of prior restraint 1. movie censorship 2. judicial prior restraint = injunction against publication 3. license taxes based on gross receipts for the privilege of

engaging in the business of advertising in any newspaper 4. flat license fees for the privilege of selling religious books

When prohibition does not apply1. During a war. Ex. Government can prevent publication about the

number/locations of its troops (Near v. Minnesota, 238 US 697) 2. Obscene publications.

Standards for allowable subsequent punishmentTEST CRITERION1. Dangerous Tendency Test There should be a RATIONAL

CONNECTION between the speech and the evil apprehended.

2. Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a

nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent.

3. Balancing of Interests Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed.

Freedom of SpeechThe 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.

1. To enjoy protection: 1. It must not be false or misleading; and 2. It should not propose an illegal transaction.

1. Even truthful and lawful commercial speech may be regulated if: 1. Government has a substantial interest to protect; 2. The regulation directly advances that interest; and 3. 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 Speech1. LIBEL

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 the person. The statements are not used to attack personalities but to give one’s opinion on decisions and actions. OPINIONS. With respect to public personalities (politicians, actors, anyone with a connection to a newsworthy event), opinions can be aired regarding their public actuations. Comment on their private lives, if not germane to their public personae, are not protected.

2. OBSCENITY A. Test for obscenity (Miller v. California) 1. Whether the average person, applying contemporary community

standards would find that the work, taken as a whole, appeals to the prurient interest.

2. Whether the work depicts or describes, in a patently offensive way, sexual conduct, specifically defined by law.

3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

B. Procedure for seizure of allegedly obscene publications 1. Authorities must apply for issuance of search warrant. 2. Court must be convinced that the materials are obscene. Apply

clear and present danger test.

C. Judge will determine whether they are in fact “obscene”.

D. Judge will issue a search warrant.

E. Proper action should be filed under Art. 201 of the RPC.

F. Conviction is subject to appeal.

Right of Assembly and Petition- The standards for allowable impairment of speech and press also

apply to the right of assembly and petition.

Rules on assembly in public places: - 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.

Rules on assembly in private properties:

Only the consent of the owner of the property or person entitled to possession thereof is required.

Sec. 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. Clauses under Section 5

1. Non-establishment clause 2. Free exercise of Religion

Distinction between the clauses (School District v. Schempp, 374 US 203)

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 non-establishment 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.

1. 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.

Sec. 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 one’s place of abode. 2. Freedom to travel within the country and outside.

Curtailment of rights:

RIGHT MANNER OF CURTAILMENT1. Liberty of abode Lawful order of the court and

within the limits prescribed by law.

2. Right to travel May be curtailed even by administrative officers (ex. passport officers) in the interest of national security, public safety, or public health, as may be provided by law.

Note: The right to travel and the liberty of abode are distinct from the right to return to one’s 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 one’s country is not covered by the specific right to travel and liberty of abode. (Marcos v. Manglapus)

Sec. 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 rightsOnly Filipino citizens.

Discretion of governmentThe 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. National security matters 2. Intelligence information 3. Trade secrets 4. Banking transactions

5. Diplomatic correspondence 6. Executive sessions 7. Closed door cabinet meetings 8. Supreme Court deliberations

Sec. 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.

The right to form associations shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In addition, insofar as the associations may have for their object the advancement of beliefs and ideas, the freedom of association is an aspect of the freedom of speech and expression, subject to the same limitation.

The right also covers the right not to join an association.Government employees have the right to form unions. They also have the right to strike, unless there is a statutory ban on them.

Sec. 9. Private property shall not be taken for public use without just compensation.

Who can exercise the power of eminent domain:1) The national government

1. Congress 2. Executive, pursuant to legislation enacted by Congress

2) Local government units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC)3) Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary? - It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract exists between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to the enforcement of the contract.

Elements of the power of eminent domain1) There is a TAKING of private property2) Taking is for PUBLIC USE3) Payment of JUST COMPENSATION“TAKING” A. Elements: CODE: E P A P O

1. The expropriator enters the property 2. The entrance must not be for a momentary period, i.e., it must be

permanent 3. Entry is made under warrant or color of legal authority 4. P roperty is devoted to public use 5. Utilization of the property must be in such a way as to oust the

owner and deprive him of the beneficial enjoyment of his property.

B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare title still remains with the owner.

“PUBLIC USE”1. Public use, for purposes of expropriation, is synonymous with public

welfare as the latter term is used in the concept of police power. Examples of public use include land reform and socialized housing.

“JUST COMPENSATION”1. Compensation is just if the owner receives a sum equivalent to the

market value of his property. Market value is generally defined as the fair value of the property as between one who desires to purchase and one who desires to sell.

2. The point of reference use in determining fair value is the value at the time the property was taken. Thus, future potential use of the land is not considered in computing just compensation.

Judicial review of the exercise of the power of eminent domain1. To determine the adequacy of the compensation 2. To determine the necessity of the taking 3. To determine the “public use” character of the taking. However, if

the expropriation is pursuant to a specific law passed by Congress, the courts cannot question the public use character of the taking.

When municipal property is taken by the State:Compensation is required if the property is a patrimonial property, that is, property acquired by the municipality with its private funds in its corporate or private capacity. However, if it is any other property such a public buildings or legua comunal held by the municipality for the State in trust for the inhabitants, the State is free to dispose of it at will.

Point of reference for valuating a piece of property: General rule: The value must be that as of the time of the filing of the complaint for expropriation.

Exception: When the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriator has put it, the value is that of the time of the earlier taking. BUT if the value increased independently of what the expropriator did, then the value is that of the latter filing of the case.

Sec. 10. No law impairing the obligation of contracts shall be passed.When does a law impair the obligation of contracts:

1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance2) If it imposes new conditions or dispenses with those expressed3) If it authorizes for its satisfaction something different from that provided in its terms.

A mere change in PROCEDURAL REMEDIES which does not change the substance of the contract, and which still leaves an efficacious remedy for enforcement does NOT impair the obligation of contracts.

A valid exercise of police power is superior to obligation of contracts.

Sec. 12. Rights of person under investigation for the commission of an offense.Rights of person under investigation for the Commission of an offense CODE: SCISI1) Right to remain silent2) Right to have competent and independent counsel, preferably of his own choice3) Right to provided with the services of counsel if he cannot afford the services of one.4) Right to be informed of these rights.

When rights are available:1) AFTER a person has been taken into custody or2) 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 rule1) 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 WRITING2) Waiver should be made in the PRESENCE OF COUNSEL.

Sec. 13. Right to bail

Who are entitled to bail:1) All persons ACTUALLY DETAINED2) shall, BEFORE CONVICTION3) Be entitled to bail.

Who are not entitled to bail:1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.3) Persons who are members of the AFP facing a court martial.

Other rights in relation to bail.1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended.2) Excessive bail shall not be required.

Factors considered in setting the amount of bail:1) Ability to post bail2) Nature of the offense3) Penalty imposed by law4) Character and reputation of the accused5) Health of the accused6) Strength of the evidence7) Probability of appearing at the trial8) Forfeiture of previous bail bonds9) Whether accused was a fugitive from justice when arrested10) 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.

Sec. 14. Rights of an accused

Rights of a person charged with a criminal offense1. Right to due process of law 2. Right to be presumed innocent 3. Right to be heard by himself and counsel 4. Right to be informed of the nature and cause of the accusation

against him 5. Right to have a speedy, impartial and public trial 6. Right to meet the witnesses face to face 7. Right to have compulsory process to secure the attendance of

witnesses and the production of evidence in his behalf “DUE PROCESS”This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure.

“PRESUMPTION OF INNOCENCE”The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed.Presumption of guilt should not be conclusive. “RIGHT TO BE HEARD BY HIMSELF AND COUNSEL”

The right to be heard includes the following rights:1. Right to be present at the trial

- The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. - After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites are met. Note, that trial in absentia is allowed only if the accused has been validly arraigned. (i) Accused has been duly notified; and(ii) His failure to appear is unjustifiable. - The accused may waive the right to be present at the trial by not showing up. However, the court can still compel the attendance of the accused if necessary for identification purposes. Exception: If the accused, after arraignment, has stipulated that he is indeed the person charged with the offense and named in the information, and that any time a witness refers to a name by which he is known, the witness is to be understood as referring to him. - While the accused is entitled to be present during promulgation of judgement, the absence of his counsel during such promulgation does not affect its validity.

2. Right to counsel(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.(b) If the accused appears at arraignment without counsel, the judge must:(i) Inform the accused that he has a right to a counsel before arraignment(ii) Ask the accused if he desires the aid of counsel(iii) If the accused desires counsel, but cannot afford one, a counsel de oficio must be appointed(iv) If the accused desires to obtain his own counsel, the court must give him a reasonable time to get one.

3. Right to an impartial judge

4. Right of confrontation and cross-examination

5. Right to compulsory process to secure the attendance of witnesses

“RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST HIM”Purposes of the right:1) To furnish the accused with a description of the charge against him as will enable him to make his defenses2) To avail himself of his conviction or acquittal against a further prosecution for the same cause3) To inform the court of the facts alleged.If the information fails to allege the material elements of the offense, the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements.The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated

“RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL”

Factors used in determining whether the right to a speedy trial has been violated.1) Time expired from the filing of the information2) Length of delay involved3) Reasons for the delay4) Assertion or non-assertion of the right by the accused5) Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accused’s right to speedy trialIf the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal was made with the consent of the accused

Remedy of the accused if his right to speedy trial has been violatedHe can move for the dismissal of the case.If he is detained, he can file a petition for the issuance of writ of habeas corpus.

Definition of impartial trialThe accused is entitled to the “cold neutrality of an impartial judge”.It is an element of due process.

Definition of public trialThe attendance at the trial is open to all irrespective of their relationship to the accused. However, if the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded.The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if failed to object thereto. “RIGHT TO MEET WITNESS FACE TO FACE”Purposes of the right:

1. To afford the accused an opportunity to cross-examine the witness 2. To allow the judge the opportunity to observe the deportment of the

witness

Failure of the accused to cross-examine a witnessIf the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution, the testimony of the witness should be excluded.

When the right to cross-examine is demandableIt is demandable only during trials. Thus, it cannot be availed of during preliminary investigations.Principal exceptions to the right of confrontation

1. The admissibility of “dying declarations” 2. Trial in absentia under Section 14(2) 3. With respect to child testimony

Sec 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Distinction between Section 14 and Section 16

While the rights of an accused only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or ADMINISTRATIVE proceedings.

Sec. 17. No person shall be compelled to be a witness against himself.

When is a question incriminating:A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness.

Distinction between an accused and an ordinary witness1. An accused can refuse to take the witness stand by invoking the

right against self-incrimination. 2. An ordinary witness cannot refuse to take the stand. He can only

refuse to answer specific questions which would incriminate him in the commission of an offense.

Scope of right1. What is PROHIBITED is the use of physical or moral compulsion to

extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness.

2. The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical evidence. Hence, the fingerprinting of an accused would not violate the right against self-incrimination. However, obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification.

3. The accused cannot be compelled to produce a private document in his possession which might tend to incriminate him. However, a third person in custody of the document may be compelled to produce it.

When the right can be invoked:

1. In criminal cases 2. In administrative proceedings if the accused is liable to a penalty

(Ex. Forfeiture of property)

Who can invoke the right:Only natural persons. Judicial persons are subject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them.

Sec. 18. Right against involuntary servitude Definition of involuntary servitudeIt is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised.

Exceptions:1. Punishment for a crime for which the party has been duly convicted 2. Personal military or civil service in the interest of national defense 3. Return to work order issued by the DOLE Secretary or the

President

Sec. 19. Prohibition against cruel, degrading and inhuman punishment

When is a penalty “cruel, degrading and inhuman”?1. A penalty is cruel and inhuman if it involves torture or lingering

suffering. Ex. Being drawn and quartered. 2. A penalty is degrading if it exposes a person to public humiliation.

Ex. Being tarred and feathered, then paraded throughout town.

Standards used:1. The punishment must not be so severe as to be degrading to the

dignity of human beings. 2. It must not be applied arbitrarily. 3. It must not be unacceptable to contemporary society 4. It must not be excessive, i.e. it must serve a penal purpose more

effectively than a less severe punishment would.

Excessive fineA fine is excessive, when under any circumstance, it is disproportionate to the offense.Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the punishment is attached if the court finds that the punishment is cruel, degrading or inhuman.Reason: Without a valid penalty, the law is not a penal law.

Sec. 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Definition of debt under Section 201) Debt refers to a CONTRACTUAL obligation, whether express or implied, resulting in any liability to pay money. Thus, all other types of obligations are not within the scope of this prohibition.2) Thus, if an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu.3) A FRAUDULENT debt may result in the imprisonment of the debtor if:

1. The fraudulent debt constitutes a crime such as estafa and 2. The accused has been duly convicted.

Sec. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Requisites for a valid defense of double jeopardy: CODE: ATS1) 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: CICAV1) A person is charged2) Under a complaint or information sufficient in form and substance to sustain a conviction3) Before a court of competent jurisdiction4) After the person is arraigned5) Such person enters a valid plea.

When does jeopardy NOT attach:1) If information does not charge any offense2) 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) Acquittal2) Conviction

3) Dismissal W/O the EXPRESS consent of the accused4) Dismissal on the merits.

Examples of termination of jeopardy:1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal.2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits.3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused.4) Discharge of an accused to be a state witness. This amounts to an acquittal.

When can the PROSECUTION appeal from an order of dismissal:1) If dismissal is on motion of the accused. Exception: If motion is based on violation of the right to a speedy trial or on a demurrer to evidence.2) If dismissal does NOT amount to an acquittal or dismissal on the merits3) If the question to be passed upon is purely legal.4) If the dismissal violates the right of due process of the prosecution.5) If the dismissal was made with grave abuse of discretion.

What are considered to be the “SAME OFFENSE”: (under the 1st

sentence of Section 21)1) Exact identity between the offenses charged in the first and second cases.2) One offense is an attempt to commit or a frustration of the other offense.3) One offense is necessarily included or necessary includes the other.Note: where a single act results in the violation of different laws or different provisions of the same law, the prosecution for one will not bar the other so long as none of the exceptions apply.

Definition of double jeopardy (2nd sentence of Sec. 21)Double jeopardy will result if the act punishable under the law and the ordinance are the same. For there to be double jeopardy, it is not necessary that the offense be the same.

SUPERVENING FACTS1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where:

1. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge.

2. The facts constituting the graver offense became known or were discovered only after the filing of the former information.

3. The plea of guilty to the lesser offense was made without the consent of the fiscal and the offended party.

2) Under (1)(b), if the facts could have been discovered by the prosecution but were not discovered because of the prosecution’s incompetence, it would not be considered a supervening event.

Effect of appeal by the accused:If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The whole case will be open to review by the appellate court. Such court may even increase the penalties imposed on the accused by the trial court.

Sec. 22. No ex post facto law or bill of attainder shall be enacted.

Definition of ex-post facto law.1) One which makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action.2) One which aggravates the crime or makes it greater than when it was committed.3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed.4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused.5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right, which, when done, was lawful.6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty.Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.

Definition of BILL OF ATTAINDER1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial.2) The bill of attainder does not need to be directed at a specifically named person. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial.3) Elements of the bill of attainder

1. There must be a LAW. 2. The law imposes a PENAL burden on a NAMED

INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP.

3. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines?1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution2) Those whose fathers or mothers are citizens of the Philippines.3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.4) Those who are naturalized in accordance with law.

Modes of acquiring citizenship:1) Jus Soli – acquisition of citizenship on the basis of place of birth2) Jus Sanguinis – acquisition of citizenship on the basis of blood relationship3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen.Note: The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution, however, children born of Filipino mothers were already considered Filipinos. Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching the age of majority.

When must the election be made:The election must be made within a reasonable period after reaching the age of majority.

Effects of naturalization:1) The legitimate minor children of the naturalized father become Filipinos as well.2) The wife also becomes a Filipino citizen, provided that she does not have any disqualification which would bar her from being naturalized.

Natural-born citizens:1) Citizens of the Philippines from birth who do not need to perform any act to acquire or perfect their Philippine citizenship.2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:1) General Rule: The Filipino RETAINS Philippine citizenship2) 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 passport2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of another country)

Re-acquisition of citizenshipNatural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil registry.

How may one lose citizenship:1. By naturalization in a foreign country 2. By express renunciation of citizenship 3. By subscribing oath or allegiance to a foreign Constitution 4. By serving in the armed forces of an enemy country 5. By being a deserter of the armed forces of one’s country

How may one reacquire citizenship:1. By direct act of Congress 2. By naturalization 3. By repatriation

ARTICLE V – SUFFRAGE Qualifications: CODE: CD18RR1) Citizen of the Philippines2) Not Disqualified by law3) At least 18 years old4) Resident of the Philippines for at least 1 year5) 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 requirementResidency, 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.2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines.3) Insane or feeble-minded persons. Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence.

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.

1. 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.

1. Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress, the latter cannot delegate it any further.

EXCEPTIONS:1. Delegation of legislative power to local government units; 2. Instances when the Constitution itself allows for such delegation

[see Art. VI Sec. 23(2)]

What may Congress delegate:Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This involves either of two tasks for the administrative agencies:

1. “Filling up the details” on an otherwise complete statute; or 2. Ascertaining the facts necessary to bring a “contingent” law or

provision into actual operation.

Sec. 2-4. SENATE

Composition24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications1. Natural-born citizen; 2. At least 35 years old on the day of election; 3. Able to read and write; 4. A registered voter; and 5. Philippine resident for at least 2 years immediately preceding the

day of the election. Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications.

Term of Office:6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

Term Limitations:1. No Senator shall serve for more than 2 consecutive terms. 2. Voluntary renunciation of office for any length of time shall not be

considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec. 5-7. HOUSE OF REPRESENTATIVES

Composition:1. Not more than 25 members, unless otherwise fixed by law; and 2. Party-list Representative

Election of 250 members1. They shall be elected from legislative districts apportioned among

the provinces, cities and the Metropolitan Manila area. 2. Legislative districts are apportioned in accordance with the number

of inhabitants of each area and on the basis of a uniform and progressive ratio.

1. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;

2. Each city with at least 250,000 inhabitants will be entitled to at least one representative.

3. Each province will have at least one representative. 4. Legislative districts shall be re-apportioned by Congress within 3

years after the return of each census. According to Jack, however, while the apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this.

5. The standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party.

Qualifications1. Natural born citizen of the Philippines; 2. At least 25 years old on the day of the election; 3. Able to read and write; 4. Registered voter in the district he seeks to represent; and 5. A resident of such district for at least one year immediately

preceding the day of the election.

Term of Office1. 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 LimitationsNo member of the House of Representatives shall serve for more than three (3) consecutive terms.

Distinctions between Term and Tenure Definition

Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.

Tenure is the actual period during which such officer actually holds his position.

Limitation/Possible Reduction 1. Term CANNOT be reduced. 2. Tenure MAY, by law, be limited. Thus, a provision which considers

an elective office automatically vacated when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officers tenure and NOT his constitutional term.

Party-List Representatives- Constitute 20% of the total number of representatives, including those

under the party-list system (thus a maximum of 50 party-list members of the House)

- However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides.

Mechanics of the party-list system: 1. Registered organizations submit a list of candidates in order of

priority. 2. During the elections, these organizations are voted for at large. 3. The number of seats that each organization gets out of the 20%

allotted to the system depends on the number of votes they get.

Qualifications 1. Natural born citizen of the Philippines 2. At least 25 years of age on the day of the election 3. Able to read and write

Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Sec. 10. Salaries of Senators and Members of the House

Determination of Salaries:Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.

Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished legislators can appropriate for themselves other sums of money such as travel allowances, as well as other side ‘benefits.’

Sec. 11: CONGRESSIONAL IMMUNITIES

1.) Immunity from arrest:1. Legislators are privileged from arrest while Congress is “in session”

with respect to offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from arrest applies.

2. If Congress is in recess, members thereof may be arrested. 3. The immunity is only with respect to arrests and NOT to

prosecution for criminal offenses.

2.) Legislative privilege: - No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof.

Limitation on the privilege: (i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be.(ii) The ‘speech or debate’ must be made in performance of their duties as members of Congress. This includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in performance of their official duties.(iii) Congress need NOT be in session when the utterance is made, as long as it forms part of ‘legislative action,’ i.e. part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress’ jurisdiction.

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:

Disqualifications:DISQUALIFICATION WHEN APPLICABLE1. Senator/Member of the House cannot hold any other office or employment in the Government or any subdivision, agency or Instrumentality thereof, including GOCCS or their subsidiaries.

During his term. If he does so, he forfeits his seat.

2. Legislators cannot be appointed to any office.

IF the office was created or the emoluments thereof increased during the term for which he was elected.

3. Legislators cannot personally appear as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies.

During his term of office.

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.

During his term of office.

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.

Sec. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:1.) Congress convenes once every year on the 4th Monday of July (unless otherwise 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:1.) Senate President;2.) Speaker of the House; and3.) Each House may choose such other officers as it may deem necessary.

Election of OfficersBy a majority vote of all respective members.

Quorum to do business:1. Majority of each House shall constitute a quorum. 2. A smaller number may adjourn from day to day and may compel

the attendance of absent members. 3. In computing a quorum, members who are outside the country and

thus outside of each House’s coercive jurisdiction are not included.

Internal Rules:1. Each House shall determine its own procedural rules. 2. Since this is a power vested in Congress as part of its inherent

powers, under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress.

3. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:1.) Suspension

1. Concurrence of 2/3 of ALL its members and 2. Shall not exceed 60 days.

2.) Expulsion1. Concurrence of 2/3 of ALL its members.

Congressional Journals and Records:1.) The Journal is conclusive upon the courts.2.) BUT an enrolled bill prevails over the contents of the Journal.3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

Adjournments:1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.

Sec. 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:

1. 3 Supreme Court Justices to be designated by the Chief Justice; & 2. 6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list organizations.

Jurisdiction:1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner.2.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:1.) Since the ET’s are independent constitutional bodies, independent even of the House from which the members are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to the

functions of the ET’s, such as the setting of deadlines or filing their election contests with the respective ETs.2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Neither may they be removed for not voting according to party lines, since they are acting independently of Congress.3.) The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both members from the SC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would not be able to fulfill its constitutional functions.4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.

Sec. 18: THE COMMISSION ON APPOINTMENTS

Composition:1.) Senate President as ex-officio chairman;2.) 12 Senators; and3.) 12 Members of the House.Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.

Voting/Action1.) The chairman shall only vote in case of a tie.2.) The CA shall act on all appointments within 30 session days from their submission to Congress.3.) The Commission shall rule by a majority vote of all the Members.

Jurisdiction1.) CA shall confirm the appointments by the President with respect to the following positions:

1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).

2. Ambassadors, other public ministers or consuls. 3. Officers of the AFP from the rank of Colonel or Naval Captain: and 4. Other officers whose appointments are vested in him by the

Constitution (e.g. COMELEC members). 2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA.3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

Meetings of the CA1.) CA meets only while Congress is in session.2.) Meetings are held either at the call of the Chairman or a majority of all its members.3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker.

Sec. 21-22: LEGISLATIVE INQUIRIES

Scope:1. Either House or any of their committees may conduct inquires ‘in

aid of legislation’. 2. “In aid of legislation” does not mean that there is pending legislation

regarding the subject of the inquiry. In fact, investigation may be needed for purposes of proposing future legislation.

3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’. This violates the principle of separation of powers and is beyond the scope of congressional powers.

Enforcement:- Since experience has shown that mere requests for information does

not usually work, Congress has the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time that they agree to testify.

- The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each ‘Congress’ of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body.

- BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress’ powers. i.e. it is in aid of legislation.

- The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry.

- The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units unless they are expressly authorized to do so.

Limitations:- The inquiry must be conducted in accordance with the ‘duly published

rules of procedure’ of the House conducting the inquiry; and - The rights of persons appearing in or affected by such inquiries shall

be respected. Ex. The right against self-incrimination.

Appearance by department heads before Congress:- Since members of the executive department are co-equals with those

of the legislative department, under the principle of separations of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.

- Department heads may appear before Congress in the following instances.

- Upon their own initiative, with the consent of the President (and that of the House concerned); or

- Upon the request of either House (which cannot compel them to attend)

- The appearance will be conducted in EXECUTIVE SESSION when: 1. Required by the security of state or required by public interest; and 2. When the President so states in writing

Sec. 23-24. DECLARATION OF WAR/EMERGENCY POWERS

Vote requirement: (to declare the existence of a state of war)1. 2/3 of both Houses, in joint session 2. Voting separately

Emergency powers:1. During times of war or other national emergency, Congress may,

BY LAW, authorize the President to exercise powers necessary and proper to carry out a declared national policy.

1. Limitations: 1. Powers will be exercised for a limited period only; and 2. Powers will be subject to restrictions prescribed by

Congress Expiration of emergency powers

1. By resolution of Congress or 2. Upon the next adjournment of Congress

Sec. 24-27, 30-31 LEGISLATION

Bills that must originate from the House of Representatives (Section 24) CODE: A R T Pu Lo P

1. A ppropriation bills 2. R evenue bills 3. T ariff bills 4. Bills authorizing the increase of public debt 5. Bills of local application 6. Private bills

Note: The Senate may, however, propose or concur with amendments.

Appropriation bills1. The primary and specific aim of an appropriation bill is to

appropriate a sum of money from the public treasury. 1. Thus, a bill enacting the budget is an appropriations bill. 1. BUT: A bill creating a new office, and appropriating funds therefor

is NOT an appropriation bill.

Revenue Bill1. A revenue bill is one specifically designed to raise money or

revenue through imposition or levy. 1. 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 applicationA 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: 1. Congress cannot increase the appropriations recommended by the

President for the operation of the Government as specified in the budget.

1. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates.

1. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

1. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal therein.

Transfer of appropriations: 1. Rule: No law shall be passed authorizing any transfer of

appropriations 2. BUT the following may, BY LAW, be authorized to AUGMENT any

item in the general appropriations law for their respective offices from savings in other items of their respective appropriations

- President- President of the Senate- Speaker of the House of Representatives- Chief of Justice of the Supreme Court- Heads of the Constitutional Commissions

Discretionary funds appropriated for particular officials shall be: 1. Disbursed only for public purposes; 2. Should be supported by appropriate vouchers; and 3. Subject to guidelines as may be prescribed by law.

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 reenactedii. It will remain in full force and effect until the GAB is passed by Congress.

- For law granting tax exemption It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.- For bills in general

Every bill shall embrace only one (1) subject, as expressed in the title thereof

i. As a mandatory requirementii. 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.iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. Thus, a repealing clause in the bill is considered germane to the subject matter of the bill.

1. 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

5.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. 1. 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.

1. 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.

1. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.

1. 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.

1. Item veto 1. The President may veto particular items in an appropriation,

revenue or tariff bill. 1. This veto will not affect items to which he does not object. 1. Definition of item

TYPE OF BILL ITEM1. Revenue/tax bill - Subject of the tax and the tax rate imposed thereon2. Appropriations bill - Indivisible sum dedicated to a stated purpose

Veto of RIDER 1. A rider is a provision which does not relate to a particular

appropriation stated in the bill. 2. Since it is an invalid provision under Section 25(2), the President

may veto it as an item.

Specific limitations on legislation1. No law shall be enacted increasing the Supreme Court’s appellate

jurisdiction without the SC’s advice and concurrence. 1. No law shall be enacted granting titles of royalty or nobility.

Sec. 28. POWER TO TAX

Limitations:1) The rule of taxation should be UNIFORM2) It should be EQUITABLE3) Congress should evolve a PROGRESSIVE system of taxation.4) The power to tax must be exercised for a public purpose because the power exists for the general welfare5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates1) Congress may, BY LAW, authorize the President to fix the following:a) Tariff ratesb) Import and Export Quotasc) Tonnage and wharfage duesd) Other duties and impostsWithin the framework of the national development program of the Government2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:1) The following properties are exempt from REAL PROPERTY taxes (CODE: Cha Chu M- CA)a) Charitable institutionsb) Churches, and parsonages or convents appurtenant theretoc) Mosquesd) Non-profit cemeteries; ande) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))

3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

Sec. 29. Power of the Purse1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.a) This places the control of public funds in the hands of Congress.b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation.

2) Limitations.a) Appropriations must be for a PUBLIC PURPOSEb) Cannot appropriate public funds or property, directly or indirectly, in favor of

(i) Any sect, church, denomination, or sectarian institution or system of religion or(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:- the Armed Forces; or- any penal institution; or- government orphanage; or- leprosarium

c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen.d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions

3) Special Fundsa) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government

Sec. 32. INITIATIVE AND REFERENDUM

1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body.2) Required Petition

a) Should be signed by at least 10% of the total number of registered votersb) Every legislative district should be represented by at least 3% of the registered votersc) Petition should be registered

ARTICLE VII. THE EXECUTIVE DEPARTMENT

Sec. 1. EXECUTIVE POWERScope:1) Executive power is vested in the President of the Philippines.2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office.3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as when he himself files suit.4) BUT The President CANNOT dispose of state property unless authorized by law.

Sec. 2. QUALIFICATIONS1) Natural-born citizen of the Philippines2) Registered voter;3) Able to read and write;4) At least 40 years old on the day of election5) Philippine resident for at least 10 years immediately preceding such election.Note: The Vice-President has the same qualifications & term of office as the President. He is elected with & in the same manner as the President. He may be removed from office in the same manner as the President.

Sec. 4. MANNER OF ELECTION/ TERM OF OFFICEManner of Election1) The President and Vice-President shall be elected by direct vote of the people.2) Election returns for President and Vice-President, as duly certified by the proper Board of Canvassers shall be forwarded to Congress, directed to the Senate President.3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence of both houses of Congress, assembled in joint public session.4) The Congress, after determining the authenticity and due execution of the certificates, shall canvass the votes.5) The person receiving the highest number of votes shall be proclaimed elected.6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the members of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken.7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose.

Term of Office1) Presidenta) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later.b) Term limitation: Single term only; not eligible for any reelection.c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time.

2) Vice-President:a) 6 years, starting and ending the same time as the President.b) Term limitation: 2 successive terms.c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity of service for the full term for which the Vice-President was elected.

Sec. 6. SALARIES AND EMOLUMENTS1) Official salaries are determined by law.2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.3) Increases take effect only after the expiration of the TERM of the incumbent during which the increase was approved.4) Prohibited from receiving any other emolument from the government or any other source during their TENURE

Sec. 7-12, PRESIDENTIAL SUCCESSION

1. Vacancies at the beginning of the term

VACANCY SUCCESSORPresident-elect fails to qualify or to be chosen

VP-elect will be Acting President until someone is qualified/chosen as President.

President-elect dies or is permanently disabled.

VP becomes President.

Both President and VP-elect are not chosen or do not qualify or both die, or both become permanently disabled.

Senate President or In case of his inability, the Speaker of the House shall act as President until a President or a VP shall have been chosen and qualified. In case of death or disability of (1) and (2), Congress shall determine, by law, who will be the acting President.

2. Vacancies after the office is initially filled:VACANCY SUCCESSORPresident dies, is permanently disabled, is impeached, or resigns.

Vice-President becomes President for the unexpired term.

Both President and Vice-President die, become permanently disabled, are impeached, or resign.

Senate President or In case of his inability, the Speaker of the House shall act as President until the President or VP shall have been elected and qualif

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 tema) Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening of Congress cannot be suspended.b) Within 7 days after convening, Congress shall enact a law calling for a special election to elect a President and a VP. The special election cannot be postponed.c) 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.d) The 3 readings for the special law need not be held on separate days.e) The law shall be deemed enacted upon its approval on third reading.BUT: No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.

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) The VP will immediately be Acting President.(ii) BUT: If the President transmits a written declaration that he is not disabled, he reassumes his position.(iii) 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.(iv) 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.

6) Presidential Illness:a) If the President is seriously ill, the public must be informed thereof.b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President

Sec. 13. DISQUALIFICATIONSSUBJECT SOURCE OF DISQUALIFICATIONPresident, Vice-President, Cabinet Members, Deputies or Assistants of Cabinet Members

Prohibited from: 1. Holding any office or employment during their tenure, UNLESS: 1. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or 2. the positions are ex-officio and they do not receive any salary or other emoluments therefor (e.g. Sec. of Finance

is head of Monetary Board). 1. Practicing, directly or indirectly, any other profession during their tenure; 1. Participating in any business; 1. Being financially interested in any contract with, or in any franchise, or special privilege granted by the government or any subdivision, agency or instrumentality thereof, including GOCC’s or their subsidiaries. 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.

Spouses and 4th degree relatives of the President (consanguinity or affinity)

Cannot be appointed during President’s tenure as: 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 GOCC’s and their subsidiaries. N.B.1. 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. 2. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls.

Sec. 14-16. POWER TO APPOINT

Principles:1) Since the power to appoint is executive in nature, Congress cannot usurp this function.2) While Congress (and the Constitution in certain cases) may prescribe the qualifications for particular offices, the determination of who among those who are qualified will be appointed is the President’s prerogative.

Scope:The President shall appoint the following:1) Heads of executive departments (CA confirmation needed):2) Ambassadors, other public ministers, and consuls (CA confirmation needed).3) Officers of AFP from rank of colonel or naval captain (CA confirmation needed).4) 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).d) 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 CA’s power as provided for in the Constitution.

Procedure:1) CA confirmation needed:a) Nomination by Presidentb) Confirmation by CA

c) Appointment by President; andd) Acceptance by appointee.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; andb) Acceptance.Note: Once appointee accepts, President can no longer withdraw the appointment.

Ad-interim appointments:1) When Congress is in recess, the President may still appoint officers to positions subject to CA confirmation.2) These appointments are effective immediately, but are only effective until they are disapproved by the CA or until the next adjournment of Congress.3) Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and need no CA approval.

Appointments by an Acting President:These shall remain effective UNLESS revoked by the elected President within 90 days from his assumption or re-assumption of office.

Limitation1) 2 months immediately before the next Presidential elections, and up to the end of his term, the President or Acting President SHALL NOT make appointments. This is to prevent the practice of ‘midnight appointments.”2) EXCEPTION:a) Can make TEMPORARY APPOINTMENTSb) To fill EXECUTIVE POSITIONS;c) If continued vacancies therein will prejudice public service or endanger public safety.

Sec. 17. Power of Control and Supervision

Power of Control:The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Thus, the President exercises control over all the executive departments, bureaus, and offices.The President’s power over government-owned corporations comes not from the Constitution but from statute. Hence, it may be taken away by statute.

Qualified Political Agency:1) Since all executive and administrative organizations are adjuncts of the Executive Department, the heads of such departments, etc. are assistants and agents of the President.2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in the regular course of business, are presumptively the acts of the President.3) Exception: If the acts are disapproved or reprobated by the President.4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.5) Qualified political agency does NOT apply if the President is required to act in person by law or by the Constitution. Example: The power to grant pardons must be exercised personally by the President.

Disciplinary Powers:1) The power of the President to discipline officers flows from the power to appoint the, and NOT from the power control.2) BUT While the President may remove from office those who are not entitled to security of tenure, or those officers with no set terms, such as Department Heads, the officers, and employees entitled to security of tenure cannot be summarily removed from office.

Power of Supervision:1) This is the power of a superior officer to ensure that the laws are faithfully executed by subordinates.2) The power of the president over local government units is only of general supervision. Thus, he can only interfere with the actions of their executive heads if these are contrary to law.3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.4) The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.

Sec. 18. COMMANDER-IN-CHIEF POWERS

Scope:1) The President is the Commander-in-Chief of the Armed Forces.2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:a) Lawless violence;b) Invasion; orc) Rebellion.3) The President may also:a) Suspend the privilege of the writ of habeas corpus; and

b) Proclaim a state of martial law.Suspension of the privilege of the writ of habeas corpus and declaring martial law;

1. Grounds 1. Invasion or 2. Rebellion; and 3. Public safety requires it. 1. The invasion or rebellion must be ACTUAL and not merely

imminent. 1. Limitations: 1. Suspension or proclamation is effective for only 60 days. 1. Within 48 hours from the declaration or suspension, the President

must submit a report to Congress. 1. Congress, by majority vote and voting jointly, may revoke the same,

and the President cannot set aside the revocation. 1. In the same manner, at the President’s initiative, Congress can

extend the same for a period determined by Congress if: i. Invasion or rebellion persist andii. Public safety requires it.NOTE: Congress CANNOT extend the period motu propio.

Supreme Court review: i. The appropriate proceeding can be filed by any citizen.ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.iii. Decision is promulgated within 30 days from filing.

f. Martial Law does NOT: i. Suspend the operation of the Constitution.ii. Supplant the functioning of the civil courts or legislative assemblies.iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts are able to function andiv. Automatically suspend the privilege of the writ.

Suspension of privilege of the writ: i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.ii. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he should be released.Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war is subject to the President’s judgment and discretion.

Sec. 19: EXECUTIVE CLEMENCY

Scope:1.) The President may grant the following: [ Pa R C Re]

1. Pardons (conditional or plenary) 2. Reprieves 3. Commutations 4. 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 convictionb.) In cases of impeachmentc.) For violations of election laws, rules, and regulation without the favorable recommendation of the COMELECd.) In cases of civil or legislative contempt2.) As to effect:a.) Does not absolve civil liabilities for an offense.b.) Does not restore public offices already forfeited, although eligibility for the same may be restored.

Amnesty:1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit political offenses, which puts into oblivion the offense itself.2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the members of Congress.3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to such amnesty. If his application is denied, he can be convicted based on this admission of guilt.4.) Amnesty V. Pardon

AMNESTY PARDONAddressed to POLITICAL offenses Addressed to ORDINARY offenses

Granted to a CLASS of persons Granted to INDIVIDUALSNeed not be accepted Must be acceptedRequires concurrence of majority of all members of

No need for Congressional concurrence

CongressA public act. Subject to judicial notice

Private act of President. It must be proved.

Extinguishes the offense itself 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 conviction

Only granted after conviction by final judgement

Sec. 20. Power to Contract or Guarantee Foreign Loans

Limitations:(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines with the prior concurrence of the Monetary Board; and(2) Subject to such limitations as may be provided by law.

Sec. 21. Foreign Relations Powers include:(1) Power to negotiate treaties and other international agreements(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all Senators in order to be valid and effective in our country.(b) Options of Senate when a treaty is submitted for its approval:(i) Approve with 2/3 majority;(ii) Disapprove outright; or(iii) Approve conditionally, with suggested amendments.(c) If treaty is not re-negotiated, no treaty(d) If treaty is re-negotiated and the Senate’s suggestions are incorporated, the treaty will go into effect without need of further Senate approval.

Note: While our municipal law makes a distinction between international agreements and executive agreements, with the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction.

Note: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition.(e) Conflict between treaty and municipal law.(i) Philippine court:The later enactment will prevail, be it treaty or law, as it is the latest expression of the State’s will.(ii) International tribunalTreaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation.(2) Power to appoint ambassadors, other public ministers, and consuls.(3) Power to receive ambassadors and other public ministers accredited to the Philippines.(4) Power to contract and guarantee foreign loans on behalf of the Republic(5) Power to deport aliens(a) This power is vested in the President by virtue of his office, subject only to restrictions as may be provided by legislation as regards the grounds for deportation.(b) In the absence of any legislative restriction to authority, the President may still exercise this power.(c) The power to deport aliens is limited by the requirements of due process, which entitles the alien to a full and fair hearing.BUT: The alien is not entitled to bail as a matter of right.

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:

1. An actual controversy with legally demandable and enforceable rights;

2. Involving real parties in interest; 3. The exercise of such power will bind the parties by virtue of the

court’s 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:

1. The duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable; and

1. To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

Political Questions:1. A ‘political question’ is one the resolution of which has been vested by the Constitution exclusively in either the people, in the exercise of their sovereign capacity, or in which full discretionary authority has been delegated to a co-equal branch of the Government.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 CONGRESS1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.

1. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution.

2. Creation and abolition of courts: 1. The power to create courts implies the power to abolish

and even re-organize courts. 2. BUT this power cannot be exercised in a manner which

would undermine the security of tenure of the judiciary. 3. If the abolition/re-organization is done in good faith and

not for political or personal reasons, then it is VALID. (same rule applies for civil servants)

Sec. 3. FISCAL AUTONOMY1. 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:1. Chief Justice and 2. 14 Associate Justices

Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

Qualifications of members of the SC:1. Natural born citizen of the Philippines2. At least 40 years old3. At least 15 years of experience as a judge or in the practice of law in the Philippines4. Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)1. Natural born citizen of the Philippines2. Member of the Philippine bar3. Possesses other qualifications prescribed by Congress4. Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:1. Citizen of the Philippines (may be a naturalized citizen)2. Member of the Philippine Bar3. Possesses other qualifications prescribed by Congress4. Person of proven competence, integrity, probity and independence.

Section 8. JUDICIAL AND BAR COUNCIL1. 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 JBC1. Principal function: recommend appointees to the Judiciary 2. Exercise such other functions as the SC may assign to it.

C. Appointments to the Judiciary 1. President shall appoint from a list of at least 3 nominees for each

vacancy, as prepared by the JBC.

2. No CA confirmation is needed for appointments to the Judiciary. 3. Vacancies in SC should be filled within 90 days from the

occurrence of the vacancy. 4. Vacancies in lower courts should be filled within 90 days from

submission to the President of the JBC list.

Sec. 10. SALARIES1. Salaries of SC Justices and judges of lower courts shall be fixed by law.2. Cannot be decreased during their continuance in office, but can be increased.3. Members of the Judiciary are NOT exempt from payment of income tax.

Sec. 11. TENURE/DISCIPLINARY POWERS OF SC1. Members of the SC and judges of the lower courts hold office during good behavior untila. The age of 70 years old; orb. They become incapacitated to discharge their duties.

2. Disciplinary action against judges of lower courts:a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations and voted therein.

3. Removal of SC Justices:a. Only by IMPEACHMENT.b. Cannot be disbarred while they hold office.

Secs. 4-6, 13. THE SUPREME COURT

Hearing of cases:1. En banc; or 2. Divisions of 3, 5, or 7.

Cases required to be heard en banc:1. All cases involving constitutionality of a/an:a. Treatyb. International or executive agreement orc. Law.2. All cases required to be heard en banc under the Rules of Court:a. Appeals from Sandiganbayan; andb. From the Constitutional Commissions3. All cases involving the constitutionality, application or operation ofa. Presidential decreesb. Proclamationsc. Ordersd. Instructionse. Ordinances; andf. Other regulations.4. Cases heard by a division where required majority of 3 was not obtained.5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or by a division.6. Administrative cases to discipline or dismiss judges of lower courts; and7. Election contests for President and Vice-President.

Cases heard by division1. Must be decided with the concurrence of a majority of the members who took part in the deliberations and voted thereon.2. Majority vote in a division should be at least 3 members.

Powers of the SC1. SC has ORIGINAL jurisdiction overa. Cases affecting ambassadors, other public ministers and consuls.Note: This refers to foreign ambassadors, etc., stationed in the Philippines.b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.2. SC has APPELLATE jurisdiction over final judgments and orders in the following:a. All cases involving the constitutionality or validity of any

1. treaty 2. international or executive agreement 3. law 4. presidential decree 5. proclamation 6. order 7. instruction 8. ordinance, or 9. regulation;

b. All cases involving the legality of any1. tax 2. impost 3. assessment or 4. toll or 5. any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issued. Criminal cases where the penalty imposed is reclusion perpetua or higher; ande. All cases where ONLY errors or questions of law are involved.

3. Temporarily assign lower court judges to other stations in the public interest.Note: Temporary assignment shall not exceed 6 months without the consent of the judge concerned.4. Order a change of venue or place of trial to avoid a miscarriage of justice.5. Promulgate rules concerning:a. The protection and enforcement of constitutional rights;b. Pleading, practice and procedure in all courts;c. Admission to the practice of law;d. The Integrated Bar; ande. Legal assistance to the underprivileged.Limitations on Rule Making Powera. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.b. It should be uniform for all courts of the same grade.c. It should not diminish, increase, or modify substantive rights.6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.7. Exercise administrative supervision over ALL courts and the personnel thereof.

Decisions of the Supreme Court:1. Reached in consultation before being assigned to a member for the writing of the opinion.2. A certification to this effect must be signed by the Chief Justice and attached to the record of the case and served upon the parties.3. Members of the SC who took no part, or who dissented or abstained must state the reasons therefore.Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the Sandiganbayan).

JUDICIAL REVIEW

Definition1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the SC.3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites Code: [A R S Co R]1. An ACTUAL CASE calling for the exercise of judicial power2. 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. DECISIONS1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal.3. Memorandum decisions, where the appellate court adopts the findings of fact and law of the lower court, are allowed as long as the decision adopted by reference is attached to the Memorandum for easy reference.4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to military tribunals.

ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS

Section 1. Constitutional Commissions

Independent Constitutional Commissions:1) Civil Service Commission (CSC)2) Commission on Elections (COMELEC)3) Commission on Audit (COA)

Why Independent?They perform vital functions of government. Their integrity is protected by the fact that they:

1) Are constitutionally created (Sec. 1)2) Have independent powers of appointment (Sec. 4)3) Each Commission may promulgate its own procedural rules (Sec. 6)4) Fiscal autonomy (Sec. 5)

5) Salaries may not be diminished during their office (Sec. 3)6) Commissioners have a fixed term7) Commissioners are removable by impeachment only.

Section 2. DISQUALIFICATIONS

Disqualifications:Members cannot, during their tenure:1) Hold any other office or employment;2) Engage in the practice of any profession;3) Engage in the active management or control of any business, which, in any way, may be affected by the functions of their office; and4) Be financially interested, direct or indirect, in any contract, franchise, privilege granted by the government, any of its subdivisions, agencies, instrumentalities, including GOCC’s and their subsidiaries.Note: The Ombudsman and his deputies are subject to the same qualifications.

Section 3. SALARIES

Salaries1) Salaries are fixed by law and shall not be decreased during their TENURE.2) Decreases in salaries only affect those members appointed AFTER increase.3) Incumbent members do not lose any salary.4) Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE

Procedures:1) Rules: The Commissions may promulgate its own rules EN BANC.2) Limitation: It shall not:a) Diminish,b) Increase, orc) Modify substantive rights.3) Power of SCa). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of “special courts and quasi-judicial bodies.”b). In proceedings before the Commissions, the rules of the Commission prevail.c). In proceedings before a court, the Rules of Court prevail.d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7. DECISION MAKING/APPEAL

Decision-Making:1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission.

COMELEC may sit en banc or in 2 divisions. Election cases, including pre-proclamation controversies are

decided in division, with motions for reconsideration filed to the COMELEC en banc.

The SC has held that a majority decision decided by a division of the COMELEC is a valid decision.

2) As COLLEGIAL BODIES, each commission must act as one, and no one member can decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision which would otherwise have been void).

Appeals:1) Decisions, orders or rulings of the COMELEC/COA may be brought on certiorari to the SC under Rule 65.2) Decisions, orders or ruling of the CSC should be appealed to the CA under Rule 43.

Enforcement: It has been held that the CSC can issue a writ of execution to

enforce judgments which are final.

THE CIVIL SERVICE COMMISSION

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition:1) Chairman2) Commissioners – 2 commissioners

Qualifications:1) Natural-born citizens of the Philippines;2) At least 35 years old at the time of their appointments;3) With proven capacity for public administration; and4) NOT candidates for any elective position in the elections immediately preceding their appointment.5) Appointees by the President to the CSC need Commission on Appointments (CA) confirmation

Term:1) Chairman -7 years; Commissioner1 – 5 yrs; Commissioner2 – 3 yrs2) Limitation: single term only, no reappointment

3) Appointment to vacancy: only for unexpired term of predecessor4) No temporary appointments, or appointments in acting capacity.

Section 2. Scope:

The Civil Service embraces all:A. branches,B. subdivisions,C. instrumentalities,D. agencies of the government,E. including GOCCs with original charters.1.”With Original Charter” means that the GOCC was created by special law/by Congress2. If incorporated under the Corporation Code, it does not fall within the Civil Service, and is not subject to the CSC jurisdiction.3. Even if once government-controlled, then becomes privatized, ceases to fall under CSC.4. Jurisdiction is determined as of the time of filing the complaint.

Appointments to civil service shall be:

A. Competitive positions According to merit and fitness to be determined by competitive

examinations, as far as practicable except to positions which are policy-determining, primarily confidential, or highly technical.

B. Non-competitive positions1). No need for competitive examinations.2). 3 kindsa) Policy-determining – formulate a method of action for the gov’tb) Primarily confidential – more than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust…c) Highly technical – requires technical skill to a superior degree.

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 Non-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.

1. Entrance on bases OTHER than usual tests of merit and fitness.

2. Entitled to security of tenure Tenure limited to: a) Period specified by law,b) Coterminous with the appointing authority or subject to his pleasure, orc) 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:a). related to and affects the administration of office, andb). must be substantial (directly affects the rights & interests of the public)3) Security of tenure for Non-competitive positionsa). Primarily confidential officers and employees hold office only for so long as confidence in them remains.b). If there is GENUINE loss of confidence, there is no removal, but the expiration of the term of officec). Non-career service officers and employees do not enjoy security of tenure.

d). Political appointees in the foreign service possess tenure coterminous with that of the appointing authority or subject to his pleasure.4) One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not appointed by the proper appointing authority does not acquire security of tenure.Abolition of OfficeTo be valid, abolition must be made:(a) In good faith; (good faith is presumed)(b) Not for political or personal reasons; and(c) Not in violation of law

Temporary employees are covered by the following rules:1). Not protected by security of tenure – can be removed anytime even without cause2). If they are separated, this is considered an expiration of his term.3). BUT: They can only be removed by the one who appointed them.4). Entitled only to such protection as may be provided by law.

No officer or employee in the Civil Service shall engage in any electioneering or in partisan political activity1) Cannot solicit votes in favor of a particular candidate.2) Cannot give campaign contributions or distribute campaign materials.3) BUT: Allowed to express views on political issues, and to mention the names of the candidates whom he supports.4) Prohibition does not apply to department secretariesRight to organizeThe right to organize does NOT include the right to strike

Sections 6-7. DISQUALIFICATION

Disqualifications1) Losing candidates in any electiona). Cannot be appointed to any office in the government or GOCC’s or their subsidiaries.b). Period of disqualification: One (1) year after such election.

2) Elective officialsa). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC OFFICE or position during their tenure.b). EXCEPTION: May hold ex officio positions.

Examples: The Vice President may be appointed Cabinet member Congressman may sit in the Judicial and Bar Council

c). To be eligible to hold any other office, the elected official must first resign his officed). Even Congress cannot, by law, authorize the appointment of an elective official.

3). Appointive officialsa). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC’s and their subsidiaries.b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of his position.c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein.

Section 8. COMPENSATION1) Prohibitions: applies to elected or appointed officers and employees

Cannot receive:A. Additional - an extra reward given for the same office i.e. bonusB. Double - when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officerC. Indirect Compensation

2) EXCEPTION: Unless specifically authorized by lawA. “SPECIFICALLY AUTHORIZED” means a specific authority particularly directed to the officer or employee concerned.B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress.4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

THE COMMISSION ON ELECTIONS

Section 1. COMPOSITION/QUALIFICATIONS/TERM

Composition: (7)1) Chairman and2) Commissioners (6)

Qualifications:1) Natural-born citizens of the Philippines;2) At least 35 years old at the time of appointment

3) Holders of college degrees; and4) Not candidates for any elective position in the immediately preceding elections.5) Majority of the Commission, including the Chairman must be:a). Members of the Philippines Barb). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.”6) Appointments subject to CA approval

Term:1) Chairman -7 yrs; 3 Members – 7 yrs; 2 Members – 5 yrs; 1 Member – 3 yrs.2) LIMITATION: Single term only: no reappointment allowed3) Appointment to a vacancy: only for unexpired portion of predecessor’s term4) No temporary appointments, or appointments in acting capacitya). Thus, the President cannot designate an incumbent commissioner as acting Chairman.b). The choice of temporary chairman falls under the COMELEC’s discretion.

Section 2. POWERS AND FUNCTIONS

Powers:1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election.1) Exercise:A. Exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective1. Regional,2. Provincial, and3. City officialsB. Appellate jurisdiction over all contests involving:1. Elective municipal officials decided by trial courts of general jurisdiction2. Elective barangay officials decided by trial courts of limited jurisdiction.C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

Exception: Appealable to the SC on questions of law.1. Contempt powers

1. COMELEC can exercise this power only in relation to its adjudicatory or quasi-judicial functions. It CANNOT exercise this in connection with its purely executive or ministerial functions.2. If it is a pre-proclamation controversy, the COMELEC exercises quasi-judicial/administrative powers.3. Its jurisdiction over ‘contests’ (after proclamation), is in exercise of its judicial functions.E. The COMELEC may issue writs of certiorari, prohibition and mandamus in exercise of its appellate jurisdiction. This is not an inherent power.

3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.Note: Questions involving the right to vote fall within the jurisdiction of the ordinary courts.4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.a). This power is NOT limited to the election period.b). Applies to both criminal and administrative cases.5) Registration of political parties, organizations, or coalitions/accreditation of citizens’ arms of the Commission on Elections.a). The political parties etc. must present their platform or program of government.b). There should be sufficient publicationc). Groups which cannot be registered:i. Religious denominations/sectsii. Groups which seek to achieve their goals through violence or unlawful meansiii. Groups which refuse to uphold and adhere to the Constitutioniv. Groups which are supported by any foreign government.d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable.e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.1) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion of exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting elections frauds, offenses and malpractices.

1. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws.

2. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC

3. Preliminary investigation conducted by COMELEC is valid. 2) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.3) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard or, or disobedience to its directive, order, or decision.4) Submit to the President and the congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-MAKING

Rules of Procedure1) COMELEC can sit en banc or in two divisions2) It has the power to promulgate its own rules of procedure in order to expedite disposition of election cases, including pre-election controversies.Decision-Making1) Election cases should be heard and decided in division. Provided that,2) Motions for reconsideration of decisions should be decided by COMELEC en banc.3) ”Decisions” mean resolutions on substantive issues.2) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division.3) EXCEPTION: COMELEC en banc may directly assume jurisdiction over a petition to correct manifest errors in the tallying of results by Board of Canvassers.

Section 4. SUPERVISION/REGULATION OF FANCHISES / PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS

Regulation of franchisesA. What can COMELEC supervise or regulate1). The enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information.2). Grants, special privileges or concessions granted by the Government or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary

B. When can COMELEC exercise this power 1). During the election perioda). Under Article XI, Section 9, the election period commences 90 days beforethe day of the election and ends 30 days thereafter.b). In special cases, COMELEC can fix a period.2). Applies not just to elections but also to plebiscites and referenda.3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people ratification4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose.

COMELEC and the MEDIA1). COMELEC cannot compel print media to donate free space to the COMELEC. It may, however, compel it to provide space after paying just compensation.2). Power of COMELEC is over franchises and permits, NOT individuals. For example, COMELEC may not regulate media practitioners, for this would violate the freedom of expression.Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission.

Section 6

Definition of Political Party organized group of persons pursuing the same political ideals in a

government and includes its branches, and divisions

Importance of registration of a political party1) Registration confers juridical personality on the party.2) It informs the public of the party’s existence and ideals.3) It identifies the party and its officers for purposes of regulation by the COMELEC.Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid, except for those registered under the party-list system as provided in this Constitution.

Prohibition on block-voting1) General rule: Block voting NOT allowed2) EXCEPTION: those registered under the party-list system

Section 8. PARTY LIST SYSTEM

No Right to be Represented in Various Boards Political parties, organizations, or coalitions registered under the

party-list system shall NOT be represented in the following:

1). Voters’ registrations boards,2). Boards of election inspectors,3). Boards of canvassers, or4). Other similar bodies.

Poll Watchers Political parties, etc. are entitled to appoint poll watchers in

accordance with law.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment and discrimination.

This section does not give candidates immunity from suit. Discrimination includes unequal treatment in the availment of media

facilities.

Section 11. FUNDING

How provided1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations.2) Funds should be certified by the COMELEC as necessary.

Release of funds Once approved, funds should be released automatically upon

certification by the Chairman of COMELEC.

THE COMMISSION ON AUDIT

Section 1. COMPOSITION/QUALIFICATIONS

Composition:1) Chairman, and2) Commissioners (2).

Qualifications:1) Natural-born citizens of the Philippines2) At least 36 years old at the time of their appointment;3) Either:a). CPA’s with at least 10 years auditing experience; orb). 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 allowed3) Appointments to any vacancy shall only be for the unexpired portion of predecessor’s term.

Section 2. POWERS1) Examine, audit, and settle accounts pertaining to:

1. Revenue and receipts of funds or property; or 2. Expenditures and uses of funds or property

Owned or held in trust by, or pertain to:1. The Government; 2. Any of its subdivisions, agencies or instrumentalities; 3. Including GOCC’s with original charters.

2) Conduct post-audit with respect to the following:1. Constitutional bodies, commissions, and offices granted fiscal

autonomy; 2. Autonomous state colleges and universities; 3. GOCC’s and their subsidiaries incorporated under the Corporation

Code. 4. None-governmental entities receiving subsidies or equity, directly or

indirectly, from or through the government, which are required by law of the granting of institution to submit to such audit.

3) If COA finds internal control system of audited agencies as inadequate, COA may adopt measures, including temporary or special pre-audit, as may be necessary.4) Keep the general accounts of the government, preserving vouchers and other supporting papers pertaining thereto.5) Exclusive authority to define the scope of COA’s audit and examination and to establish the techniques and methods required therefor.6) Promulgate accounting and auditing rules and regulations.

1. Including those for the prevention or disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of government funds and properties.

2. Failure to comply with these rules can be a ground for disapproving the payment of a proposed expenditure.

Note:1) The functions of COA can be classified as:

1. Examine and audit all forms of government revenues; 2. Examine and audit all forms of gov’t expenditures 3. Settle gov’t accounts 4. Promulgate accounting and auditing rules (including those for the

prevention of irregular…expenditures.

5. To decide administrative cases involving expenditures of public funds.

2) COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be adjusted simply by arithmetic process.3) COA has authority not just over accountable officers but also over other officers who perform functions related to accounting such as verification of evaluations and computation of fees collectible, and the adoption of internal rules of control.4) COA does not have the power to fix the amount of an unfixed or undetermined debt.5) Where the following requirements are complied with, it becomes the ministerial duty of the COA to approve and pass in audit vouchers for payment:

1. There is a law appropriating funds for a particular purpose; 2. There is a contract, made by the proper officer, entered into in

conformity with the above-mentioned law; 3. The goods or services covered by such contract have been

delivered or rendered in pursuance to such contract, as attested by the proper officer; and

4. Payment has been authorized by officials of the corresponding department or bureau.

6) Prosecutors may still review accounts already settled and approved by COA for the purpose of determining possible criminal liability. This is because COA’s interest in such accounts is merely administrative.7) COA has the power to determine the meaning of ‘public bidding’ and what constitutes failure when regulations require public bidding for the sale of government property.

Section 3. No law shall be passed exempting any entity of the Government or its subsidiary in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit.

ARTICLE X: LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE:

Composition:1) Provinces2) Cities;3) Municipalities; and4) Barangays

There shall be Autonomous regions in:1) Muslim Mindanao, and2) Cordileras [At present, it is only the Cordilera ADMINISTRATIVE region]Note: 1) A third autonomous regions would require a constiutional amendment.2) These political subdivisions, created by the Constitution cannot be replaced by AMENDMENT, and not by law.3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGU’s

Section 2. Local Autonomy1) All political subdivisions shall enjoy local autonomy2) This does not mean that the LGU’s are completely free from the central government.

1. Judiciary may still pass on LGU actions 2. President may exercise disciplinary power over LGU officials.

Sec. 3. Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 4. PRESIDENTIAL SUPERVISION OF LGUSSupervision of President1) The President exercises general supervision over all LGUs2) The President exercises DIRECT supervision over

1. Provinces 2. Autonomous regions and 3. Independent cities.

3) This power is limited to ensuring that lower officers exercise their functions in accordance with law.4) The president cannot substitute his judgment for that of an LGU official unless the latter is acting contrary to law.5) The President may, however, impose administrative sanctions against LGU officials, such as suspension for 120 days, and may even remove them from their posts, in accordance with law.6) Provinces exercise direct supervision over component cities and municipalities.7) Cities and municipalities exercise direct supervision over component barangays.

Section 5. EACH LOCAL GOVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE/LEVY TAXES, FEES AND CHARGES ETC.

Limitations on Power1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples.2) The guidelines set by Congress should be consistent with the basic policy of local autonomy.Accrual of taxes, fees, charges

The taxes, fees and charges shall accrue exclusively to the local governments.

Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM

Internal Revenue Allotment (IRA)1) Share of LGUs in national taxes is limited to the internal revenue taxes.2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer. Release is made on a quarterly basis within 5 days after the end of each quarter.3) The share of each LGU should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose.4) Each LGU should appropriate in its annual budget at least 20% of its annual IRA for development projects.5) Adjustments in IRA

1. Ground: Unmanageable public section deficit 2. President can make the necessary adjustments in the IRA upon the

recommendation of the following: 1. Department of Finance Secretary 2. DILG Secretary 3. DBM Secretary

6) IRA considered for purposes of conversion from one political subdivision to the next. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTHShare of LGUs in national wealth1) LGUs are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas in the manner provided by law.2) This includes share the same with the inhabitants by way of direct benefits.Under the LGC1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from

1. Mining taxes 2. Royalties 3. Forestry and fishery charges 4. Other taxes, fees and charges 5. Share in any co-production, joint venture or production sharing

agreement in the utilization and development of the national wealth w/in their territorial jurisdiction

Sec. 8. TERM OF OFFICE

Term of OfficeElective local officials, now including barangay officials have a term of 3 years.

Limitations:1) No elective official shall serve for more than 3 consecutive terms2) Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sec. 9. SECTORAL REPRESENTATION IN LGUS

Legislative bodies of the local governments shall have Sectoral Representation (under the LGC) as may be provided by law

There should be representatives from:1) The women’s sector2) The workers3) Third sector (can choose from any of the following)A) Urban poorB) Indigenous cultural communitiesC) Disabled personsD) Any other sector as may be determined by the sanggunian

Election of Sector Representatives

Sec. 10. Creation, abolition and division of LGU’s1) Requisites

1. Compliance with the requirements of the Local Government Code; and

2. Approved by a majority of the votes cast in a plebiscite held in the political units DIRECTLY affected.

2) Thus, a province is supposed to be divided into 2 separate provinces, plebiscite will include voters of the ENTIRE province, and not just the area to comprise the new province.3) LGC requirements relate to matters such as population, revenue, and area requirements.

Sec. 11. Metropolitan political subdivisionsCreation:1) Congress may create special metropolitan political subdivisions by law.2) It is subject to a plebisciteJurisdiction of Metropolitan authorityIt is limited to basic services requiring coordination.Basic Autonomy of Component Cities and Municipalities1) The component cities and municipalities retain their basic autonomy2) They shall be entitled to their own local executive and legislative assemblies.

Sec. 12. CITIESClassification of Cities:1) Highly urbanized (as determined by law)2) Component cities (cities still under provincial control); and3) Independent component cities (non-highly urbanized cities whose voters are prohibited by thecity charter from voting in provincial elections)Independence from the Province1) Highly urbanized cities and independent component cities are independent of the province.2) Component cities whose charter contain no such prohibition are still under the control of the province and its voters may still vote for elective provincial officials.

Section 13. Coordination among LGUSConsolidation and Coordination of Efforts, Services and Resources1) It is optional on the part of LGUs as shown by the use of the word “may”2) It can be done for purposes commonly beneficial to them in accordance with the law.

Under LGC (Section 33)1) Consolidation and coordination may be done through appropriate ordinances.2) A public hearing should be conducted and the approval of the sanggunian obtained.3) An LGU can:

1. Contribute funds, real estate, equipment and other kinds of property 2. Appoint/assign personnel under such terms and conditions as may

be agreed upon by the participating LGUs through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS

Who can provide for RDCThe President shall provide for RDC or other similar bodies composed of:Composition1) Local government officials2) Regional heads of departments and other government offices3) Representatives of NGOS within the regionsFor Purpose of1) Administrative decentralization2) To strengthen local autonomy3) To accelerate the economic and social growth and development of the units in the region

Section 15. AUTONOMOUS REGIONSWhere:1) Muslim Mindanao2) Cordillera region

Factors:1) Historical heritage2) Cultural heritage3) Economic and social structures,4) Other relevant characteristics within:

1. The framework of the consititution 2. National sovereignty 3. Territorial integrity.

Creation:1) Provided by law.2) EFFECTIVITY of such creation occurs only when it is approved by a majority of the votes cast in a plebiscite held among the constituent units.3) Only those Provinces, Cities, and Geographical Areas voting favorably in such plebiscite shall form part of the autonomous region.4) If only 1 province approved the law, NO AUTONOMOUS REGION created, since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite)5) The question of which LGU’s shall constitute an autonomous region is one which is exclusively for Congress to decide.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONSBy Whom:The President

Purpose:To ensure that the laws are faithfully executed.

Sec. 17. All powers, functions and responsibilities not granted by this Constitution or by law to the autonomous region shall be vested in the National Government.Examples: 1) Foreign relations,2) National defense and Security3) Monetary Affairs

Section 20. LEGISLATIVE POWERSThe Organic Act of Autonomous Region shall provide for legislative powers over:1) Administrative organization;2) Creation of sources of revenues;3) Ancestral domain and natural resources4) Personal, family and property relations5) Regional, urban, and rural planning development;6) Economic, social, and tourism development;7) Educational policies;8) Preservation and development of the cultural heritage; and9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Limitations:1) Subject to the provisions of the Constitution and national laws2) To be exercised within its territorial jurisdiction

Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITYPeace and OrderIt shall be the responsibility of the local police agencies.Defense and SecurityIt shall be the responsibility of the national government.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUSTPublic 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 OFFICEImpeachment: (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.

1. These officers cannot be charged in court with offenses that have removal from office as penalty.

2. The President cannot be charged with murder.3. A SC Justice cannot be disbarred because this would disqualify him

from his position.4. BUT AFTER an official has been impeached, he can be charged

with the appropriate offense.5. Resignation by an impeachable official does not place him beyond

the reach of impeachment proceedings; he can still be impeached

All Other Public Officers and Employees1. They may be removed from office as provided by law2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT

Exclusive Power of House of RepresentativesThe House of Representatives has exclusive power to INITIATE all cases of impeachment.

Procedure:1. Filling of verified complaint

1. Can be filed by:1. Any member of the House of Representatives or2. Any citizen upon a resolution of endorsement by any Member of the

House or3. By at least 1/3 of all the Members of the House of Representatives

2.) Inclusion of complaint in the order of business with 10 session days3.) Referral to proper Committee within 3 session days thereafter4.) Submission of Committee report to the House together with corresponding resolution

1. There should be a hearing2. There should be a majority vote of the members3. The report should be submitted within 60 days from referral, after

hearing, and by a majority vote of ALL its members.5.) Calendaring of resolution for consideration by the HouseShould be done within 10 session days from receipt thereof6.) Vote of at least 1/3 of all Members of the House necessary to:

1. Affirm a favorable resolution with the Articles of Impeachment of the Committee or

2. To override its contrary resolutionNote: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all the Members of the House, it shall constitute the Articles of Impeachment. Trial in the Senate shall proceed.7.) Trial in the Senate

1. Senate has the sole power to try and decide all cases of impeachment

2. For this purpose, the Senators shall be under oath or affirmation3. When the President of the Philippines is on trial, the CJ of the

Supreme Court presides. However, he/she will not vote.8.) Judgment of ConvictionThis requires the concurrence of 2/3 of all the Members of the Senate9.) Effect of the Impeachment

1. Removal from office of the official concerned2. Disqualification to hold any office under the Republic of the

Philippines3. 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.) Ombudsman/Tanodbayan2.) Overall deputy3.) At least one Deputy each for Luzon, Visayas and Mindanao4.) Deputy for military establishment may be appointed

Qualifications: (Ombudsman and his deputies)1.) Natural born citizen of the Philippines2.) At least 40 years old at time of appointment3.) Of recognized probity and independence4.) Member of the Philippine bar5.) Must not have been candidate for any elective office in the immediately preceding election6.) For Ombudsman: He must have been for ten years or more

1. A judge or2. Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2)1.) Cannot hold any other office or employment during his tenure2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries.

Appointment1. Of Ombudsman and deputies

1. By the president from a list of at least 6 nominees prepared by the Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees

2. Appointments do NOT require confirmation3. All vacancies shall be filled within 3 months after they occur.

2. Of other officials and employees of the Office of the Ombudsman1. By the Ombudsman2. In accordance with Civil Service Law

Term: (Ombudsman and deputies)1. 7 years with reappointment2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office

Rank/Salaries:

1. The Ombudsman has the rank of Chairman of a Constitutional Commission2. The Members have the rank of members of a Constitutional Commission3. Their salaries cannot be decreased during their term of office.

Powers, Functions and Duties of the Office of the Ombudsman1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

1. The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the Ombudsman.

2. The Ombudsman may always delegate his power to investigate.3. The power to investigate includes the power to impose preventive

suspension.4. This preventive suspension is not a penalty.5. “INVESTIGATE” does not mean preliminary investigation.6. The complaint need not be drawn up in the usual form.7. The “ILLEGAL” act or omission need not be in connection with the

duties of the public officer or employee concerned.8. ANY illegal act may be investigated by the Ombudsman. In this

regard, the Ombudsman’s jurisdiction is CONCURRENT with that of the regular prosecutors.

2. Direct, upon complaint or at its own instance, any public official or employee of the government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expedite any act of duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties.

1. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the officers concerned.

2. The public official or employee must be employed in:(I). The Government(II). Any subdivision, agency, or instrumentality thereof; or(III). GOCC’s with original charters

1. The SC has held that the SP may prosecute before the Sandiganbayan judges accused of graft and corruption, even if they are under the Supreme Court.

3.) Direct the officer concerned to take the appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith.

1. The Ombudsman does NOT himself prosecute cases against public officers or employees.

2. Final say to prosecute still rests in the executive department.3. The Ombudsman or Tanodbayan may use mandamus to compel

the fiscal to prosecute.4.) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds of properties, and report any irregularity to COA for appropriate action.5.) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents.6.) Public matters covered by its investigation when circumstances so warrant and with due process.7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency8.) 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 AutonomyThe Office of the Ombudsman enjoys fiscal autonomy. Its approved annual appropriations should be automatically and regularly released.

Section 7: OFFICE OF THE SPECIAL PROCECUTOR1. Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special Prosecutor2. Powers

1. It will continue to function and exercise its powers as now or hereafter may be provided by law

2. Exception: Powers conferred on the Office of the Ombudsman3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the OmbudsmanNote: According to Jack, the SC was wrong because the ConCom intended that the SP was to prosecute anti-graft cases. Section 15: RECOVERY OF ILL-GOTTEN WEALTH

Prescription, Laches, Estoppel1.) The right of the State to recover properties unlawfully acquired by public officials and employees from them or from their nominees or transferees shall NOT be barred by prescription, laches or estoppel.

2.) Their right to prosecute criminally these officials and employees may prescribe.

Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS

Coverage:This prohibition applies to:1.) President2.) Vice-President3.) Members of the Cabinet4.) Members of Congress5.) Members of Supreme Court6.) Members of Constitutional Commissions7.) Ombudsman8.) Any firm or entity in which they have controlling interest

When prohibition applies:Prohibition applies during their TENURE.

Scope of prohibition:1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS PURPOSES:

1. Loans2. Guarantees3. Other forms of financial accommodation

From:1. Government owned or controlled banks; or2. 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.) President2.) Vice-President3.) Members of the Cabinet4.) Members of Congress5.) Justices of the Supreme Court6.) Members of Constitutional Commissions7.) Other constitutional offices8.) Officers of the armed forces with general or flag rank

Section 18: Allegiance of public officers and employees

Allegiance to the State and to the Constitution

Change in Citizenship/Immigrant Status1.) Incumbent public officers and employees who seek either:

1. Change his citizenship; or2. 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.

1. 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; and3. Expanding productivity, as the key to raising the quality of life for all.

The State shall promote industrialization and full employment1. It should be based on sound agricultural development and agrarian reform2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both domestic and foreign markets.

Protection of Filipino enterprisesThe State shall protect Filipino enterprises against unfair foreign competition and trade practices.

Role of Private EnterprisesPrivate enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership

Section 2. REGALIAN DOCTRINE

Distinction between Imperium and Dominium.1. ImperiumGovernment authority possessed by the State which is appropriately embraced in sovereignty.2. Dominium

1. The capacity of the State to own and acquire property.2. It refers to lands held by the government in a proprietary character:

can provide for the exploitation and use of lands and other natural resources.

Scope:The following are owned by the State:1. Lands of the public domain:WatersMinerals, coals, petroleum, and other mineral oils;All sources of potential energy;Fisheries;Forests or timber;Wildlife;Flora and fauna; andOther natural resources.

Alienation of Natural Resources1. General Rule: All natural resources CANNOT be alienated2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources1. Shall be under the full control and supervision of the State2. MeansA. The state may DIRECTLY UNDERTAKE such activitiesB. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with

1. Filipino citizen or2. Corporation or association at least 60% of whose capital is owned

by such citizens3. Limitations:A. Period: It should not exceed 25 years, renewable for not more than 25 yearsB. Under terms and conditions as may be provided by law.4. In case of water rights/water supply/fisheries/industrial uses other than the development of water powerThe beneficial use may be the measure and limit of the grant.

Small-scale Utilization of Natural Resources1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons.Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law.2. They should be based on the real contributions to economic growth and general welfare of the country.3. In the agreements, the State should promote the development and use of local scientific and technical resources.4. The President should notify Congress of every contract under this provision within 30 days from its execution.5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth1. The State shall protect its marine wealth in itsArchipelagic watersTerritorial sea &EEZ2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO1. Agricultural2. Forest/timber3. Mineral lands &4. National Parks

Note:

1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR.2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land.

Alienable lands of public domain1. 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 Domain1. For private corporations or associationsA. They can only hold alienable lands of the public domain BY LEASE B. Period: Cannot exceed 25 years, renewable for not more than 25 yearsC. Area: Lease cannot exceed 1,000 hectaresNote: A corporation sole is treated like other private corporations for the purpose of acquiring public lands.

2. For Filipino citizensA. Can lease up to 500 hectaresB. 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 Land1. Acquired from government by purchase or grant;2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction.B. Here, in possession since time immemorial, presumption is that the land was never part of public domain.C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest landD. Presumption is that land belongs to the State.

Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased or diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in

1. a. Endangered forest and2. b. Watershed areas for such period as it may determine.

Section 5. ANCESTRAL LANDSProtection of Indigenous Cultural Communities1. The State protects the rights of indigenous cultural communities to their ancestral landsA. Subject to Constitutional provisionsB. Subject to national development policies and programs2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.3. “ANCESTRAL DOMAIN”A. It refers to lands which are considered as pertaining to a cultural regionB. This includes lands not yet occupied, such as deep forests.

Section 7. PRIVATE LANDSGeneral rule1. Private lands CAN only be transferred or conveyed to:A. Filipino citizensB. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens2. ExceptionsA. In intestate succession, where an alien heir of a Filipino is the transferee of private land.B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title.C. Foreign states may acquire land but only for embassy and staff residence purposes.3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership.4. Restriction against aliens only applies to acquisition of ownership. Therefore:A. Aliens may be lessees or usufructuaries of private landsB. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale.5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious purposes.

Remedies to recover private lands from disqualified aliens:1. Escheat proceedings2. Action for reversion under the Public Land Act3. An action by the former Filipino owner to recover the landA. The former pari delicto principle has been abandonedB. Alien still has the title (didn’t pass it on to one who is qualified)

Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS

Power of Congress1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates.2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.National Economy and PatrimonyIn the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to QUALIFIED Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES

Power to grant:1. Congress may directly grant a legislative franchise; or2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’sPublic utility1. In order to be considered as a public utility, and thus subject to this provision, the undertaking must involve dealing directly with the public.2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee merely constructs the utility, and it leases the same to the government. It is the government which operates the public utility (operation separate from ownership).

To whom granted:1. Filipino citizens or2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens.

Terms and conditions:1. Duration: Not more than 50 years2. Franchise is NOT exclusive in character3. Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so requires.Participation of Foreign Investors1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital.2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS1. Private corporationsCongress can only provide for the formation, etc of private corporations through a general law.2. GOCC’sThey may be created by:a. Special charters in the interest of the common good and subject to the test of economic viability.b. By incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT1. Temporary takeover or direction of operations:A. Conditionsi. National emergency andii. When the public interest requiresB. May be used against privately owned public utilities or businesses affected with public interest.C. Duration of the takeover: period of emergencyD. Takeover is subject to reasonable terms and conditionsE. No need for just compensation because it is only temporary.2. Nationalization of vital industries:A. Exercised in the interest of national welfare or defenseB. Involves either:i. Establishment and operation of vital industries; orii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government.

Section 19. MONOPOLIES1. The Constitution does NOT prohibit the existence of monopolies.2. The State may either regulate or prohibit monopolies, when public interest so requires.3. Combinations in restraint of trade or unfair competition are prohibited.

Filipino citizenship or equity requirements:

ACTIVITY REQUIREMENTS CITIZENSHIP AND/OR EQUITYExploitation of natural resources

1. Filipino citizens; or2. Corporations incorporated in RP, with 60% Filipino ownership

Operation of Public Utilities1. Filipino citizens; or2. Corporations incorporated in RP, with 60% Filipino ownership

Acquisition of alienable lands of the public domain1. Filipino citizens;2. Corporations incorporated in RP, with 60% Filipino ownership;3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and4. Alien heirs as transferees in case of intestate succession. Practice of ALL Professions Filipino citizens only (natural persons)*Congress may, by law, otherwise prescribe Mass Media 1. Filipino citizens; or2. Corporations incorporated in RP, and 100% Filipino owned Advertising 1. Filipino citizens; or2. Corporations incorporated in RP, and 70% Filipino owned. Educational institution 1. Filipino citizens; or2. Corporations incorporated in RP, with 60% Filipino ownershipEXCEPT: Schools established by religious groups and mission boards.*Congress may, by law, increase Filipino equity requirements for ALL educational institutions. Other economic activities Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment areas.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS

Social Justice1) 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 justice1) Creation of more economic opportunities and more wealth; and2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of wealth and political power.

Labor Section 3 of Article XIII elaborates on the provision in Article II by

specifying who are protected by the Constitution, what rights are guaranteed, and what positive measures the state should take in order to enhance the welfare of labor.

Right to organize and to hold peaceful concerted activities Ø The right to organize is given to all kinds of workers BOTH in the

PRIVATE and PUBLIC sectors. Ø The workers have a right to hold peaceful concerted activities

except the right to strike, which is subject to limitation by law.

Right to participate in the decision making process of employersThe workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This participation can be through1) collective bargaining agreements,2) grievance machineries,3) voluntary modes of settling disputes, and4) conciliation proceedings mediated by government.

Agrarian Reform

Goals:Agrarian reform must aim at1) 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, and3) 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; and2) 4 members

Qualifications:1) Natural-born citizens of the Philippines;2) Majority of the Commission must be members of the Philippine Bar;3) Term of office, other qualifications and disabilities shall be provided by law;4) The appointment of the CHR members is NOT subject to CA confirmation; and5) 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 rightsA. Violations may be committed by public officers or by civilians or rebels.B. CHR cannot investigate violations of social rights.C. CHR has NO adjudicatory powers over cases involving human rights violations.D. They cannot investigate cases where no rights are violated.E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation.2) Adopt operational guidelines and rules of procedure.3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.4) Provide appropriate legal measures for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection.A. CHR can initiate court proceedings on behalf of victims of human rights violations.B. They can recommend the prosecution of human rights violators, but it cannot itself prosecute these cases.C. BUT: The CHR cannot issue restraining orders or injunctions against alleged human rights violators. These must be obtained from the regular courts.5) Exercise visitorial powers over jails, prisons and other detention facilities.6) Establish continuing programs for research, education and information in order to enhance respect for the primacy of human rights.7) Recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families.8) Monitor compliance by the government with international treaty obligations on human rights.9) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any CHR investigation.10) Request assistance from any department, bureau, office, or agency in the performance of its functions.11) Appoint its officers and employers in accordance with law.12) Perform such other functions and duties as may be provided for by law

ARTICLE XIV – EDUCATION, SCIENCE AND TECHNOLOGY,ARTS, CULTURE, AND SPORTS

Education

Goals of the State:The State shall promote and protect:1) The right to quality education at all levels;2) The right to affordable and accessible education; and3) Education that is relevant to the needs of people and society.

Right to Education and Academic FreedomThe right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission requirements.”

Power to Dismiss Students1) Schools have the power to dismiss students, after due process, for disciplinary reasons.2) Acts committed outside the school may also be a ground for disciplinary action if:a) It involves violations of school policies connected to school-sponsored activities; orb) The misconduct affects the student’s status, or the good name or reputation of the school.

Regulation of Right to Education

The right to education in particular fields may be regulated by the State in the exercise of its police power, e.g. the State may limit the right to enter medical school by requiring the applicants to take the NMAT.

Free Education1) The State shall maintain a system of free education in:a) Elementary level, andb) High school level.2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion.

Educational InstitutionsI. FilipinizationA. Ownership:1). Filipino citizens, or2). Corporations incorporated in RP and 60% Filipino-owned.EXCEPT: Schools established by religious groups and mission boards.3). Congress may increase Filipino equity requirements in ALL educational institutions.B. Control and Administration:1). Must be vested in Filipino citizens2). Refers to line positions, such as President, Dean, Principal, and Trustees3). Faculty members may be foreigners.C. Student Population:1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment.2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by law for other foreign temporary residents.

II. Tax ExemptionsA. Non-stock, non-profit educational institutions:1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties.2) This is self-executory B. Proprietary educational institutions, including cooperatives:1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment2) Requires an enabling statute3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from taxes, subject to conditions prescribed by law.

III. Academic FreedomA. Educational InstitutionsSchools have the freedom to determine:1) Who may teach,2) What may be taught,3) How it shall be taught, and4) Who may be admitted to study.

B. Faculty members1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects.3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline.

C. StudentsThey have the right to enjoy in school the guarantees of the Bill of Rights.

D. Limitations1) Dominant police power of the State2) Social interest of the community

E. Budgetary Priority:1). Education must be assigned the highest budgetary priority.2). BUT: This command is not absolute. Congress is free to determine what should be given budgetary priority in order to enable it to respond to the imperatives of national interest and for the attainment of other state policies or objectives.

Religious Education in Public Schools:Religion may be taught in public schools subject to the following requisites:1) Express written option by parents and guardians;2) Taught within regular class hours;3) Instructors are designated and approved by the proper religious authorities; and4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language1) National language: Filipino2) Official Languages: Filipino, and unless otherwise provided by law, English.3) Regional languages are auxiliary to the official languages.4 (Spanish and Arabic are promoted only on an optional and voluntary basis.

ARTICLE XVI – GENERAL PROVISIONS Sections 1-2. Symbols of Nationality1) 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 State1) The State cannot be sued without its consent.2) When considered a suit against the Statea). 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 governmenti. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages.ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the suit is really one against the State.3) This rule applies not only in favor of the Philippines but also in favor of foreign states.4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.

Consent to be suedA. Express consent:1). The law expressly grants the authority to sue the State or any of its agencies.2). Examples:a). A law creating a government body expressly providing that such body “may sue or be sued.”b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.

B. Implied consent:1). The State enters into a private contract.a). The contract must be entered into by the proper officer and within the scope of his authority.b). UNLESS: The contract is merely incidental to the performance of a governmental function.2). The State enters into an operation that is essentially a business operation.a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no express “sue or be sued” clause.3). Suit against an incorporated government agency.a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality.4). The State files suit against a private party.UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject to garnishment.2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public funds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:A citizen armed force

Prohibitions and disqualifications:1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.

2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries.

The Chief of Staff:1) Tour of duty: Not exceed to three years2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS Definitions:1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole.

Constituent power v. Legislative power1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law).2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and of the people, also through initiative and referendum.3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:1) Proposal of amendments or revisions by the proper constituent assembly;2) Submission of the proposed amendments or revisions; and3) Ratification

Proposal of amendments:

Amendments may be proposed by:A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

The power of Congress to propose amendments is NOT part of its ordinary legislative power.

The only reason Congress can exercise such power is that the Constitution has granted it such power.

B. Constitutional Convention:1) How a Constitutional Convention may be calleda). Congress may call a ConCon by a 2/3 vote of all its members; orb). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not.2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. In other words, it is a political question.3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for vote requirements.4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the calling of such ConCon, Congress – exercising its ordinary legislative power – may supply such details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemble.5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Money may be spent from the treasury only to pursuant to an appropriation made by law.

C. People’s Initiative1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.2) Every legislative district represented by at least 3% of the registered voters therein.3) Limitation:It cannot be exercised oftener than once every 5 years.

Note:1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner the proposals are made is subject to judicial review.2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine whether the assembly has acted in accordance with the Constitution.3) Examples of justiciable issues:a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly).b) Whether the approved proposals were properly submitted to the people for ratification.

Proposal of Revisions1) By Congress, upon a vote of 3/4 of its members2) By a constitutional convention

Ratification1) 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; andc) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. Thus, they may be submitted for ratification simultaneously with a general election.b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative sphere. That Congress could have done better does not make the steps taken unconstitutional.c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of amendments/revisions.d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the proposed amendments/revisions so provide.

ARTICLE XVIII – TRANSITORY PROVISIONS Effectivity of the 1987 Constitution

The 1987 Constitution took effect immediately upon its ratification. According to the SC, this took place on February 2, 1987, which

was the day the people cast their votes ratifying the Constitution.

Military bases agreements1) 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.

ELECTION LAWS

Election Embodiment of the popular will, the expression of the sovereign

power of the people.

Components Choice or selection of candidates to public office by popular vote Conduct of the polls Listing of votes Holding of Electoral campaign Act of casting and receiving the ballots from the voters Counting the ballots Making the election returns Proclaiming the winning candidates

Regular election – refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters.

Special election – is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law.

Political Parties

Definition (Omnibus Election Code)An organized group of persons pursuing the same ideology, political ideas or platforms of government including its branches and divisions.

Types of Political Parties1) Registered Parties:

1. Dominant Majority Party – usually the administration party; entitled to a copy of election return

2. Dominant Minority Party – entitled to a copy of election return3. Majority Political Party4. Top 3 Political Parties – entitled to appoint principal watcher and a

copy of the certificate of canvass5. Bottom 3 political parties – entitled to appoint principal watcher

2) Non-registered parties

Criteria to Determine the Type of Political Party1. Established Record of the said parties, showing in past elections2. Number of Incumbent Elective Officials3. Identifiable political organizations and strengths4. Ability to fill a complete slate of candidates5. Other analogous circumstances

Grounds for Challenging the Voter1. Illegal voters ( Not Registered / Using the name of another /

disqualified )2. Based on certain illegal acts (Vote buying)

Acquisition of Juridical PersonalityIt is acquired upon registration with the COMELEC.

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

Candidates

Rules on Filing of Certificates of Candidacy1. No person shall be elected into public office unless he files his

certificate of candidacy within the prescribed period2. No person shall be eligible for more than one office. If he/she files

for more than one position, he shall not be eligible for all unless he cancels all and retains one

3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative.

4. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates.

Grounds for Disqualification1. Election offenses under Sec 68 of the Omnibus Election Code

(OEC)2. Not possessing qualifications and possessing disqualifications

under the Local Government Code2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment within two years after serving sentence2.2 Removed from office as a result of an administrative case

2.3 Convicted by final judgment for violating the oath of allegiance to the Republic2.4 Dual citizenship ( more specifically, dual allegiance)2.5 Fugitives from justice in criminal or non-political cases here or abroad2.6 Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right2.7 Insane or feeble-minded

1. Nuisance candidate2. Violation of sec 73 of OEC with regard to certificate of candidacy3. Violation of sec 78 which is material misrepresentation of reqts

under sec. 74.

* Disqualifications (from continuing as a candidate or from holding the office if already elected): Any candidate, who in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or is found by the Commission of having:

1. Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions.

2. Committed acts of terrorism to enhance his candidacy3. Spent in his election campaign an amount in excess of that allowed

by the Omnibus Election Code )4. Solicited, received or made any contribution prohibited under this

Code5. Violated any of the following sections: Section 80, 83, 85,86,2616. Permanent resident of or an immigrant to a foreign country shall not

be qualified to run for any elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a foreign country in accordance with the residence requirement provided for under election laws.

Effect of a Disqualification case (under RA 6646)1. Any candidate who has been declared by final judgment to be

disqualified shall NOT be voted for. The votes cast in his favor shall not be counted.

2. If the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or protest. Upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong.

Nuisance CandidatesA. The term refers to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the people.B. Power of COMELEC

1. May refuse to give due course to or cancel a certificate of candidacy of a nuisance candidate. This can be done motu proprio or upon verified petition of an interested party.

2.There should be a showing that:1. Certificate of candidacy has been filed to put the election process in

mockery/disrepute or2. To cause confusion among the voters by the similarity of the names

of the registered candidates3. Other circumstances which clearly demonstrate that the candidate

has no bona fide intention to run for the office…

Petition to deny due course to or to cancel a Certificate of CandidacyA. Exclusive ground: A material representation in the certificate of candidacy is false.B. The petition should be filed not later than 25 days from the filing of the certificate of candidacy.C. It should be decided not later than 15 days before the election, after due notice and hearing.

Election Campaign/Partisan Political ActivityØ Definition1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public office2) It includes:A. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of soliciting votes and/or undertaking any campaign for or against a candidate.B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.C. Making speeches, announcements or commentaries or holding interviews for or against the election of any candidate for public office.D. Publishing or distributing campaign literature or materials designed to support or oppose the election of any candidate.E. Directly or indirectly soliciting votes, pledges or support for or against a candidate.3) When the acts enumerated above are NOT considered an election campaign/partisan political activity.

If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, aggroupment, or coalition of parties.

RA 9006 – FAIR ELECTION ACT

Important Features:1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”)LettersPosters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or independent candidate, 12’ 16’), private places and public placesRally streamers (3’ x 8’) NOT MORE THAN 2Paid Advertisements at Discounted RatesPrint : 1/4th page in broadsheet and ½ page in tabloid 3x a weekTelevision: 120 minutes for candidate for nationally elective office and 60 for localRadio: 180 minutes for candidate for nationally elective office and 90 for localCOMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for local) and airtime(3 national television networks for nationally elective officials and 1 station for local ) : equal allocation for all candidates for 3 calendar days

Authorized Expenses ( multiplied with the total number of registered voters )

P 10 for president / vice president P 3 for other candidates for every voter currently registered in the

constituency P 5 for independent candidates and political parties

VotersQualifications

Age: 18 years old and over. Residence1. He /she should have resided in the Philippines for one year and2. Resided in the city/municipality wherein he proposes to vote for at

least 6 months immediately preceding the election.

Residence RequirementIf the transfer of residence is due to any of the following reasons, the person concerned will be deemed NOT to have lost his original residence:A. Transfer solely because of occupation, profession, employment in private or public serviceB. Educational activitiesC. Work in military or naval reservationsD. Service in the army, navy or air force, national police forceE. Confinement/detention in government institutions in accordance with law.

* RA 8189 – VOTER”S REGISTRATION ACT OF 1996Q: Can there still be general registration of voters?A: No more, because 8189 (7) provides for such only for the May ’98 elections

Q: What kind of registration system do we have?A: Continuing, Computerized and PermanentDisqualificationsA. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability was not removed by plenary pardon or has not been granted amnesty. However, any person disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence.B. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion or any crime against national security:1. UNLESS restored to his full civil and political rights in accordance with law.2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of sentence.C. Insane or incompetent persons as declared by competent authority.Jurisdiction in Inclusion/Exclusion casesA. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Petition filed at any time except 105 days before regular election or 75 days before special electionB. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.C. RTC will decide the appeal within 10 days. Decision is final and executory.D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no jurisdiction over questions involving the right to vote.

E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days before special election

Grounds when the List of Voters will be altered: Deactivation/ Reactivation Exclusion/ Inclusion Cancellation of Registration in case of Death New voters Annulment of Book of Voters Transfer of Residence

How is challenge to right to register effected?Who – any voter, candidate, political party representativeHow – in writing, stating grnds, under oath, proof of notice of hearing

Deactivation means removing the registration records of persons from the precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause of deactivation.

How is reactivation of registration effected ?Sworn application for reactivationAffidavitNot later than 120 days before regular election and 90 days before special election

Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any similar irregularity or which contains data that are statistically improbableCannot be done within 90 days before election

Postponement of ElectionCauses

Violence Terrorism Loss or destruction of election paraphernalia/records Force majeure Other analogous causes

EffectIt is impossible to hold a free, orderly and honest election in any political subdivision

COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en banc, RA 7166):A. Motu proprioB. Upon a verified petition by any interested party, after due notice and hearing

Date of new electionThe date of the postponed election should be reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect. It should not be later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect.

Failure of ElectionCauses

Force majeure Violence Terrorism Fraud Other analogous causes

Under RA 7166, the causes for the declaration of the failure of election may occur before or after the casting of votes or on the day of the election.Effects of above causesA. Election in any polling place was not held on the date fixed;B. Election was suspended before the hour fixed by law for the closing of the votingC. Elections results in a failure to elect (after the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof)AND the failure or suspension of the election would affect the result of the election

RemedyCOMELEC can call for the holding or continuation of the election not held, suspended, or which resulted in a failure to elect. The election should be held not later than 30 days after the cessation of the cause of the postponement or suspension of the election or failure to elect. This is decided by the COMELEC, by a majority vote of its members, sitting en banc.

RA 7941 – Party-List System Act Seeks to promote proportional representation Any party already registered need not register anew. File

manifestation not later than 90 days before election.

Grounds for refusing or canceling registration of Party-Lists groups1. Religious sect or denomination, organization2. Advocates violence3. Foreign party or organization4. Receives foreign support5. Violates election law6. Untruthful statements in its petition7. Ceased to exist for at least one year8. Failed to participate in the last two preceding elections or fails to

obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered

Nomination of party-list reps should not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election

Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resignedParty List Reps constitute 20% of the total number of the members of the House of Reps including those under the party-list

How do we determine the number of party list seats in the House of Reps?(# of District Reps / 0.80) x 0.20 = # of party list reps

There are presently 208 legislative districts, according to the Veterans Federation Case

The 5 major political parties are now entitled to participate in the party list system

Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to one seat each

No party shall be entitled to more than 3 seats Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this

is only a ceiling. A list with 5 names should be submitted to COMELEC as to who

will represent the party in the Congress. Ranking in the list submitted determines who shall represent party or organization.

Rules for Appreciation of Ballots Liberal Construction in favor of the validity of the ballot Look at the ticket slate, consider locality or literacy rate Rule 211 of the OEC Incumbency / Surname Cannot ascertain – STRAY VOTE

Pre-Proclamation ControversiesDefinition

1. A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC.

1. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction)

1. When election returns are delayed, lost or destroyed (Sec.233)

2. Material defects in the election returns (Sec. 234)3. When election returns appear to be tampered with or

falsified. (Sec. 235)4. Discrepancies in election returns (Sec. 236)

C. Those that can be filed with COMELEC directly are the ff: Issue involves the illegal composition or proceedings of the board of

canvassers, as when a majority or all of the members do not hold legal appointments or are in fact usurpers

Issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing

RecountThere can be a recount under the grounds of 234-236. The returns involved will affect the results and the integrity of the ballot box has been preservedIssues that may be raised in a pre-proclamation controversy

1. Illegal composition or proceedings of the board of canvassers2. The canvassed election returns are incomplete, contain material

defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof.

3. The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or not authentic.

4. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s.

ProcedureA. Contested composition or proceedings of the board (under RA 7166)

It may be initiated in the board or directly with COMELEC.B. Contested election returns (under RA 7166)

Matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only.Summary nature of pre-proclamation controversy

1. Pre-proclamation controversies shall be heard summarily by the COMELEC.

2. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision, unless restrained by the SC.

Effect of filing petition to annul or suspend proclamationIt suspends the running of the period within which to file an election protest or quo warranto proceedings.

When not allowedPre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under RA 7166)

President Vice-President Senator Member of the House of Representatives

BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it.

BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC.

When pre-proclamation cases are deemed TERMINATED (RA 7166) 1. All pre-proclamation cases pending before the COMELEC shall be

deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed.

B. This is without prejudice to the filing of a regular election protest by the aggrieved party.C. HOWEVER: Proceedings MAY CONTINUE if:

1. The COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or

2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.

Election ContestOriginal JurisdictionCOMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all elective:

Regional Provincial City officials

Appellate JurisdictionCOMELEC has APPELLATE jurisdiction over all contests involving:A. Elective MUNICIPAL officials decided by trial courts of GENERAL jurisdictionB. Elective BARANGAY officials decided by trial courts of LIMITED jurisdiction

Who can file a petition contesting the electionAny candidate who has duly filed a certificate of candidacy and has been voted for the same office

Purpose of an election contestThe defeated candidate seeks to outs the proclaimed winner and claims the seat.

Final COMELEC DecisionsProvision that decisions, final orders, rulings of the Commission on election contests involving municipal and barangay offices are final, executory and not appealable:A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)Distinctions between Pre-Proclamation Controversy and Election Contest1) Dividing line: Proclamation of a candidate2) Jurisdiction

A. Pre-proclamation controversy1.The jurisdiction of COMELEC is administrative/quasi-judicial2.It is governed by the requirements of administrative due process

B. Election contest1.The jurisdiction of COMELEC is judicial2.It is governed by the requirements of judicial process

3) In some cases, even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre-proclamation controversy and becomes an election contest cognizable by the RTC.4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy proceedings to continue even after a proclamation has been made.

Election Offenses ( Selected Offenses) Vote buying and vote-selling

A. Covered acts1.Give, offer or promise money or anything of value2. Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity or community3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or private

B. Purpose of acts1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election or2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection

C. Under RA 6646 (Prosecution of vote-buying/selling)1. Presentation of a complaint supported by affidavits of complaining witnesses attesting to the offer or promise by or the voters acceptance of money or other consideration from the relatives, leaders or sympathizers of a candidate is sufficient basis for an investigation by the COMELEC,directly or through its duly authorized legal officers.2. Disputable presumption of conspiracy:Proof that at least one voter in different precincts representing at least 20% of the total precincts in any municipality, city or province has been offered, promised or given money, valuable consideration or other expenditure by a candidate relatives, leaders and/or sympathizsrs for the purpose of promoting the election of such candidate.3. Disputable presumption of involvementProof affects at least 20% of the precincts of the municipality, city or province to which the public office aspired for by the favored candidate relates. This will constitute a disputable presumption of the involvement of such candidate and of his principal campaign managers in each of the municipalities concerned in the conspiracyCoercion of a subordinate

A. Who can be held liable1. public officer2. officer of a public/private corporation/association3. heads/superior/administrator of any religious org.4. employer/landowner

B. Prohibited acts1. Coercing, intimidating or compelling or influencing, in any manner,

any subordinates, members, parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates.

2. Dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or compensation or by demotion, transfer, suspension etc.

Appointment of new employees, creation of new position, promotion or giving salary increases:

A. Who can be held liable: Any head/official/appointing officer of a government office, agency or instrumentality, whether national or local, including GOCCs.

B. Prohibited acts1.Appointing or hiring a new employee (provisional, temporary or casual)2.Creating or filling any new position3.Promoting/giving an increase in salary, remuneration or privilege to any government official or employee.

C. Period when acts are prohibited1. 45 days before a regular election2. 30 days before a special election

D. Exceptions1. Upon prior authority of COMELEC if it is satisfied that the position

to be filled is essential to the proper functioning of the office/agency concerned AND that the position is not filled in a manner that may influence the election

2. In case of urgent need, a new employee may be appointed. Notice of appointment should be given to COMELEC within 3 days from appointment.

Prohibition against release, disbursement or expenditure of public funds

A. Who can be held liable: Any public official or employee including barangay officials and those of GOCCs/subsidiaries

B. Prohibited acts:The release, disbursement or expenditure of public funds for any and other kinds of public works

C. Period when acts are prohibited: 1. 45 days before a regular election2. 30 days before a special election

D. Exception1. maintenance of existing/completed public works project.2. work undertaken by contract through public bidding, or by

negotiated contract awarded before the 45 day period before election

3. payment for the usual cooperation for working drawings, specfications and other procedures preparatory to actual construction including the purchase of material and equipment and incidental expenses for wages.

4. Emergency work necessitated by the occurrence of a public calamity but such work shall be limited to the restoration of the damaged facility.

5. Ongoing public work projects commenced before the campaign period or similar projects under foreign agreements.

Suspension of elective, provincial, city, municipal or barangay officerA. General rule: public official CANNOT suspend any of the officers enumerated above during the election period.

B. Exceptions1. With prior approval of COMELEC2. Suspension is for the purpose of applying the Anti-Graft and

Corrupt Practices ActIn relation to registration of voters/voting

Unjustifiable refusal to register and vote Voting more than once in the same election/voting when not a

registered voter Voting in substitution for another with or without the latters’

knowledge and/or consent etc.

Other election offenses under RA 66461. Causing the printing of official ballots and election returns by

printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing

2. Tampering, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors)

3. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI)

4. Person who violated provisions against prohibited forms of election propaganda

5. Failure to give notice of meetings to other members of the board, candidate or political party (committed by the Chairman of the board of canvassers)

6. A person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (Ex. by continuing to campaign) and any public officer or private individual who knowingly induces or abets such misrepresentation by commission or omission.

7. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence of the voter, before delivering the ballot to the voter. (under RA 7166)

Prescription of Election Offenses1. Election offenses shall prescribe after 5 years from the date of their

commission2. If the discovery of the offense is made in an election contest

proceeding, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory

Jurisdiction of courts1. RTC has exclusive original jurisdiction to try and decide any

criminal action or proceedings for violation of the Code.2. MTC/MCTC have jurisdiction over offenses relating to failure to

register or vote.

ADMINISTRATIVE LAWPowers of Administrative Agencies

1. Quasi-legislative power / Power of subordinate legislation2. Quasi-judicial power/Power of adjudication3. Determinative powers (Note: Senator Neptali Gonzales calls them

incidental powers)

Definition of “Quasi-legislative power”It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy.

Distinctions between Quasi-legislative power and legislative power1. LEGISLATIVE power involves the discretion to determine what the

law shall be. QUASI-legislative power only involves the discretion to determine how the law shall be enforced.

2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it.

2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the delegate’s authority, announce the legislative policy and specify the conditions under which it is to be implemented.

Definition of Quasi-Judicial PowerIt is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. The exercise of this power is only incidental to the main function of administrative authorities, which is the enforcement of the law.

Determinative Powers1. ENABLING powers Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval.Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powersThose that involve the corrective powers of public utility commissions, powers of assessment under the revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws, and powers of abstract determination such as definition-valuation, classification and fact finding

3. DISPENSING powers

Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation from a standard.

4. SUMMARY powersThose that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. Usually without notice and hearing.Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers

5. EQUITABLE powersThose that pertain to the power to determine the law upon a particular state of facts. It refers to the right to, and must, consider and make proper application of the rules of equity.Ex. Power to appoint a receiver, power to issue injunctionsKinds of Administrative Regulations

DISTINCTIONS LEGISLATIVE INTERPRETATIVE1. Capacity that administrative agency is acting in

Legislative Judicial

2. What administrative agency is doing

It supplements the statute by filling in the details

It says what the statute means

3. Force and effect Legislative regulations have the force and effecr of law immediately upon going into effect. Such is accorded by the courts or by express provision of statute.

Merely persuasive/Received by the courts with much respect but not accorded with finality

Requisites of a Valid Administrative Regulation1. Its promulgation must be authorized by the legislature.2. It must be within the scope of the authority given by the legislature.3. It must be promulgated in accordance with the prescribed

procedure.4. It must be reasonable

Need for Previous Notice and Hearing1. General Rule: Administrative rules of GENERAL application do

NOT require previous notice and hearing.2. Exception: When the legislature itself requires it and mandates that

the regulation shall be based on certain facts as determined at an appropriate investigation.

3. If the regulation is in effect a settlement of a controversy between specific parties, it is considered an administrative adjudication, requiring notice and hearing.

Prescribing of RatesIt can be either:1. LEGISLATIVEIf the rules/rates are meant to apply to all enterprises of a given kind throughout the country.No prior notice and hearing is required.

2. QUASI-JUDICIALIf the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact. Prior notice and hearing is required.

Requirement of PublicationAdministrative Regulations that MUST be published:

1. Administrative regulations of GENERAL application.2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:1. Interpretative regulations2. Internal rules and regulations governing the personnel of the

administrative agency.1. Letters of instruction issued by administrative superiors concerning

guidelines to be followed by their subordinates. (Tanada v. Tuvera)

Special Requisites of a Valid Administrative Regulation with a PENAL sanction

1. The law itself must make violation of the administrative regulation punishable.

2. The law itself must impose and specify the penalty for the violation of the regulation.

3. The regulation must be published.

Requisites for Proper Exercise of Quasi-Judicial Power1. Jurisdiction2. Due process

Administrative Due Process : Requirements1. Right to Notice, be it actual or constructive

2. Reasonable opportunity to appear and defend his rights and to introduce witnesses

3. Impartial tribunal with competent jurisdiction4. Finding or decision supported by substantial evidence

Exceptions to the Notice and Hearing Requirement1. Urgency of immediate action2. Tentativeness of the administrative action3. Right was previously offered but not claimed4. Summary abatement of a nuisance per se5. Preventive suspension of a public servant facing administrative

charges6. Padlocking of filthy restaurants/theaters showing obscene movies7. Cancellation of a passport of a person sought for criminal

prosecution8. Summary distraint and levy of properties of a delinquent taxpayer9. Replacement of a temporary or acting appointee

Questions Reviewable on Judicial Review:1. Questions of FACTThe general rule is that courts will not disturb the findings of administrative agencies acting within the parameters of their own competence so long as such findings are supported by substantial evidence. By reason of their special knowledge, expertise, and experience, the courts ordinarily accord respect if not finality to factual findings of administrative tribunals.

2. Question of LAWAdministrative decision may be appealed to the courts independently of legislative permission.It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent power to review all decisions on questions of law.

Doctrine of FinalityCourts are reluctant to interfere with action of an administrative agency prior to its completion or finality, the reason being that absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm.

EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo pending further action by the administrative agency; Essential to the protection of the rights asserted from the injury threatened; Officer assumes to act in violation of the Constitution and other laws; Order not reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction1. This doctrine states that courts cannot or will not determine a

controversy which requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved.

2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court even though the matter is within the proper jurisdiction of a court.

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

Doctrine of Exhaustion of Administrative Remedies1. Under this doctrine, an administrative decision must first be

appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review.

Reasons : 1. to enable the administrative superiors to correct the

errors committed by their subordinates.2. courts should refrain from disturbing the findings of

administrative. bodies in deference to the doctrine of separation of powers.

3. courts should not be saddled with the review of administrative cases

4. judicial review of administrative cases is usually effected through special civil actions which are available only if their is no other plain, speedy and adequate remedy.

3. Exceptionsa. when the question raised is purely legal, involves constitutional questionsb. when the administrative body is in estoppedc. when act complained of is patently illegald. when there is urgent need for judicial intervention e. when claim involved is smallf. when irreparable damage is involvedg. when there is no other plain, speedy , adequate remedyh. when strong public interest is involved

I. when the subject of controversy is private land1. in quo warranto proceedings2. When the administrative remedy is permissive, concurrent3. utter disregard of due process4. long-continued and unreasonable delay5. amount involved is relatively small6. when no administrative review is provided7. respondent is a department secretary (DOCTRINE OF QUALIFIED

POLITICAL AGENCY – ALTER EGO DOCTRINE)Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion.