Political Law} Consti} Memory Aid} Made 2002} by Ateneo} 110 Pages

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo

ARTICLE I – THE NATIONAL TERRITORY The 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 a. Terrestrial b. Fluvial; and

CODE: TFA

c. Aerial domains 5. Including its a. Territorial sea b. The seabed c. The subsoil

CODE: TSSIO

d. The insular shelves; and e. The other submarine areas 6. The waters a. Around b. Between and c. Connecting d. The islands of the archipelago

CODE: ABCI

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.

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Archipelagic principle Two 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.

Important distances with respect to the waters around the Philippines 1. Territorial sea

-

12 nautical miles (n.m.)

2. Contiguous zone

-

12 n.m. from the edge of the territorial sea

3. 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: PTSG

1. 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: CNCH

1. 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” 1. LEGAL sovereignty

a. The supreme power to make law. b. It is lodged in the people. 2. POLITI CAL sov ereignty

a. The sum total of all the influences in a state, b. Legal and non-legal, c. Which determine the course of law. 2

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo 3. Acco rding to the P

rinciple of AUT

O-LI MIT ATI ON:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-determination and self-restriction. 4. INTE RNAL sov ereignty:

Power of the State to control its domestic affairs 5. EXTER NAL sov ereignty :

Power of the State to direct its relations with other states 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 governments 1. De jure

- one established by the authority of the legitimate sovereign

2. De facto

- one established in defiance of the legitimate sovereign

Classification of de facto

governments

1. De facto pro per

a. That government that gets possession and control of b. or usurps by force or by the voice of majority c. the rightful legal government d. and maintains itself against the will of the latter. 2. Government

of paramount

force

a. That which is established and maintained by military forces b. who invade and occupy a territory of the enemy c. in the course of war. 3. That established as a n independent gov ernment by th countr y wh o rise in insurr ection against the pare nt state.

e inhabita nts of a

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

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Definition of Democratic State This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. SEC. 2. The Philippines renounces waras an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Kind of war renounced by the Philippines The Philippines only renouncesAGGRESSIVE 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 failureto leave the country is due to the fact that no country will accept himMejoff ( v. Director of Prisons, 90 Phil. 70) 2. The right of a country to establish military commissions to trywar criminals (Kuroda v. Jalondoni, 83 Phil. 171) 3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195) 4. Duty to protect the premises of embassies and legations Amity with all nations This does not mean automatic diplomatic recognition of all nations. recognition remains a matter of executive discretion.

Diplomatic

SEC 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Civilian authority/supremacy clause (1st sentence) 1. Civilian authority simply means thesupremacy of the law because authority, under our constitutional system, can only come from law. 2. Under this clause, the soldier renounces political ambition. nd

Mark of sovereignty (2 and 3

rd

sentences)

1. Positively, this clause singles out themilitary 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. 4


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. Paramount considerations in its relations with other states: 1. National sovereignty 2. Territorial integrity 3. National interest 4. Right to self-determination SEC. 8. The Philippines, consistentwith the national interest, adopts andpursues a policy of freedom from nuclear weapons in its territory. Policy of freedom from n

uclear weapons

1. The policy PROHIBITS: a. The possession, control and manufacture of nuclear weapons b. Nuclear arms tests. 2. 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 unborn 1. It is not an assertion that the unborn is a legal person. 2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed. 3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception. SEC. 16. The State shall protect and advancethe right of the people toa 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 theenvironment. (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.

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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 bylaw, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III – BILL OF RIGHTS Section 1. No person shall be depri ved of l if e, liberty or pr operty wit hout du e process of l aw, nor shal l any per son be deni ed the equal protection of t he laws.

Definition of “Police Power”: 1) Power vested in the legislature 2) By the Constitution 3) To make, ordain, and establish 4) All manner of wholesome and reasonable laws, statutes, and ordinances 5) Either with penalties or without 6) Not repugnant to the constitution 7) As they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same. 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 matterand 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. Jurisdiction 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.

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For ADMINISTRATIVE proceedings: CODE: H E D S H I P 1. 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 theparties 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 subsequentdue hearing. 3. Violation of due process: when same person reviews his own decision on appeal. 4. Notice and hearing are required in judicial and quasi-judicial proceedings, but not in the promulgation of general rule. For SCHOOL DISCIPLINARY proceedings: CODE: W A In A D P 1. 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 toadduce 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 toafford its students a fair opportunity to complete the course a student has enrolled for. 2. Exceptions:

a. Serious breach of discipline; or b. Failure to maintain the required academic standard. 7


3. Proceedings in student disciplinary cases may be summary; crossexamination 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 Commissioner.

distraint

and/or

levy

by

the

BIR

7. Cancellation of the passportof 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,except for the minimum appellate jurisdiction of the Supreme Court provided in Article VIII Section 5 of the Constitution, which may not be increased or reduced by law. Requisites of SUBSTANTIVE due process: CODE: I M 1. 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

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When is a law VAGUE? 1. When it lacks COMPREHENSIBLE STANDARDS 2. That men of ordinary intelligence mustnecessarily GUESS as to its meaning 3. And differ as to its application Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. Requisites for valid classification for purposes of the equal protection clause The classification must: CODE: SGEE 1. Rest on SUBSTANTIAL DISTINCTIONS 2. Be GERMANE to the purposes of the law 3. NOT LIMITED TO EXISTING CONDITIONS only 4. APPLY EQUALLY to all members of the SAME CLASS.

Section 2. Th e ri ght of the people to be secur e in their persons, houses, paper s, and ef fects against u nr easonable search es and seizur es of whatever natu r e and f or any pur pose shal l be invi olabl e, and no search war r ant or warr ant of arr est shall issue except upon pr obable cause to be determ in ed personally by the judge a f ter examin ation un der oath or af fi rm ation of the complai nant and the wi tnesses he may produce, a nd part icu lar ly descri bin g the place to be searched and th e person or th ings to be seized.

General Rule: Search and seizures are unreasonable UNLESS authorized by a validly issued search warrant or warrant of arrest Requisites for a valid warrant:

CODE:

P J E D One

1. It must be issued upon PROBABLE CAUSE. 2. The existence of probable cause is determined personally by the JUDGE. 3. The judge must EXAMINE UNDER OATH the complainant and the witnesses he may produce. 4. The warrant must PARTICULARLY DESCRIBE the place to be searched and person or things to be seized. 5. It must be in connection with One specific offense. 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.

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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, 187 SCRA 292). 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 theissuance 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 thingsto be seized when the description therein is as specific as the circumstances will ordinarily allow or 2. When the description expresses a conclusion of fact– not of law – by which the warrant officer may be guided in making the search and seizure or 3. When the things described are limited to those which bear a direct relation to the offense for which the warrant is being issued Bache ( and Co. v. Ruiz, 37 SCRA 823). JOHN DOE WARRANT A “John Doe” warrant can satisfy the requirement of particularity of description if it contains a descriptio personae such as will enable the officer to identify the accused (People v. Veloso, 48 Phil. 159)

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GENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the Bill of Rights that the things to be seized be particularly described. VALID WARRANTLESS SEARCH 1. Sea rch made a s an incident to la

wful arrest

A. An officer making an arrest may take from the person arrested: i.

Any money or property found upon his person which was used in the commission of the offense or

ii.

Was the fruit thereof or

iii.

Which might furnish the prisoner with the means of committing violence or escaping or

iv.

Which may be used in evidence in the trial of the case

B. The search must be made simultaneously with the arrest andit may only be made in the area within the reach of the person arrested 2. Sea rch of mo ving vehicles

A. This exception is based on exigency. Thus, if there is time to obtain a warrant in order to search the vehicle, a warrant must first be obtained. B. The search of a moving vehicle must be based on probable cause. 3. Sei zure of goods concealed Ta riffs and Custom s Code

to avoid customs duties/authorize

d under the

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

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

C. Searches under this exception include searches atborders and ports of entry. Searches in these areas do not require the existence of probable cause 4. Seizure of e videnc e in plain view

A. To be a valid warrantless search, the articles must be open to the eye and hand. B. The peace officer comes upon them inadvertently, andhe must have a right to be at the place at the time when he chances upon the articles. 5. Waiver of righ t A. Requisites

of a valid waiver:

i.

The right exists.

ii.

The person had actual or constructive knowledge of the existence of such right.

iii.

There is an actual intention to relinquish such right. 11


B. The right against unreasonable searches and seizures is a personal right. Thus, only the person being searched can waive the same. C. Waiver requires a positive act from the person. Mere absence of opposition is not a waiver. D. The search made pursuant to the waiver must be made within the scope of the waiver. 6. Arm ed Conflict

(wartime)

7. Others

a. Conduct of "Areal Target Zone" and " Sa turation Drives" in the exercise of military powers of the President(Guazon vs. De Villa, 181 SCRA 623) c. Checkpoints REQUISITES:

(Valmonte vs. De Villa, 178 SCRA 211) 1. Abnormal times 2. Limited to visual Search 3. Vehicle not searched 4. Passengers not subjected to body search

d. Stop and Frisk

i. Even before an arrest, when an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is presently dangerous, he may conduct alimited protective search. ii. The purpose of this limited search is not to discover evidence of a crime but to allow the officer to pursue his investigation without risk of violence. e. Exigent and e mergency circum stances best illustrated in People v. De Gracia (233 SCRA 716), where a warrantless search was allowed where there was a prevailing general chaos and disorder because of an ongoing coup. 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 1. When the person to be arrested has committed, is actually committing, or isabout to commit an offense in the presence of the arresting officer. 2. When an offense has in fact just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances indicating that the person to be arrested has committed it. 12


3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. 4. 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. However, if the accused puts up bail before he enters a plea , he is not barred from later questioning the legality of his arrest. 5. 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. 6. 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 pres ence.

Section 3. (1) Th e pri vacy of commu ni cation and corr espondence shal l be invi olabl e except upon l awfu l or der of the cour t, or wh en publ ic safety or order r equi r es otherwi se as prescri bed by law. (2) An y evidence obtain ed in vi olati on of th is or the precedin g section shal l be inadmi ssibl e f or any pur pose in any pr oceedin gs.

R.A. 4200 (Anti-Wiretapping Act) 1. The law does not distinguish between a party to the private communication or a third person. Hence, both a party and a third person couldbe held liable under R.A. 4200 if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca) 2. The use of a telephone extension to overhear a private conversationis 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)

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Section 4. No l aw shal l be passed abri dgin g the f reedom of speech, of expr ession, or of t he press, or of t he r ight of the people peaceably to assembl e and peti ti on t he government for r edress of gr ievances.

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 4 1. Prohibition against PRIOR RESTRAINT 2. Prohibition against SUBSEQUENT PUNISHMENT Prohibition against prior restraint Prior restraint means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. 1. Examples/forms of prior restraint a. movie censorship b. judicial prior restraint = injunction against publication c. license taxes based on gross receipts for the privilege of engaging in the business of advertising in any newspaper d. flat license fees for the privilege of selling religious books When prohibition does not apply a. During a war. Ex. Government can prevent publication about the number/locations of its troops (Near v. Minnesota, 238 US 697) b. Obscene publications. Standards for allowable subsequent punishment TEST 1. Dangerous Tendency Test

2. Clear and Present Danger Test

3. Balancing of

Intere sts Test

CRITERION There should be a RATIONAL CONNECTION between the speech and the evil apprehended. 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. 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. 14


Freedom of Speech The doctrine on freedom of speech was formulated primarily for the protection of “core” speech, i.e. speech which communicates political, social or religious ideas.These enjoy the same degree of protection. Commercial speech, however, does not. Commercial Speech 1. A communication which no more than proposes a commercial transaction. 2. To enjoy protection:

a. It must not be false or misleading; and b. It should not propose an illegal transaction. 3. Even truthful and la

wful com mercial spee

ch may be regulated

if:

a. Government has a substantial interest to protect; b. The regulation directly advances that interest; and c. It is not more extensive than is necessary to protect that interest. (Central Hudson Gas and Electric Corp. v. Public Service Commission of NY,447 US 557) Unprotected Speech 1. LIBEL A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact, and are not considered actionable, even if the words used are neither mild nor temperate. What is important is that the opinion is the true and honest opinion of the person. The statements are not used to attack personalities but to give one‟s opinion on decisions and actions. B. OPINIONS . With respect to public personalities (politicians, actors, anyonewith 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)

i.

Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest.

ii.

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

iii.

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

B. Procedure for s i.

eiz ure of allegedly obscene public

ations

Authorities must apply for issuance of search warrant.

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ii.

Court must be convinced that the materials are obscene. Apply clear and present danger test.

iii.

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

iv.

Judge will issue a search warrant.

v.

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

vi.

Conviction is subject to appeal.

Right of Assembly and Petition 1. The standards for allowable impairment of speech andpress also apply to the right of assembly and petition. 2. Rules on a ssembly in

public place

s:

i.

Applicant should inform the licensing authority of the date, the public place where and the time when the assembly will take place.

ii.

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.

iii.

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.

iv.

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.

3. Rules on asse mbly in private

properties:

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

Section 5. No l aw shall be made respecting an establishme nt of r eli gion, or pr ohibi tin g the fr ee exercise thereof. The fr ee exerci se and enj oyment of r eligiou s prof ession an d worship, with out discri min ation or pr eference, shall for ever be all owed. No r eli gious test shall be r equir ed for t he exercise of civi l or poli tical r ights.

Clauses under Section 5 1. Non-establishment clause 2. Free exercise of Religion Distinction between the clauses School ( District v. Schempp, 1.

374 US 203)

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.

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Thus, in order for a law to comply with the non-establishment clause, two requisites must be met. First, it has a secular legislative purpose. Second, its primary effect neither advances nor inhibits religion. 2.

The free exercise of religion clausewithdraws from legislative power the exertion of any restraint on the free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of his religion.

While the freedom to believe (non-establishment) is absolute, the moment such belief flows over into action, it becomes subject to government regulation. Requisites for government aid to be allowable: 1. It must have a secular legislative purpose; 2. It must have a primary effect that neither advances nor inhibits religion; 3. It must not require excessive entanglement with recipient institutions.

Section 6. Th e li ber ty of abode and of changi ng the same wi thi n th e li mi ts prescri bed by law shall not be impair ed except upon lawf ul order of the co ur t. Neither shall th e r ight t o travel be im pair ed except in the int er est of n ati onal secur ity, publi c safety or publ ic healt h, as may be provi ded 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 1. Liberty of abode

2. Right to travel

MANNER OF CURTAILMENT Lawful order of the court and within the limits prescribed by law. 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)

Section 7. The ri ght of the people to in for mation on m atter s of publ ic concer n shall be recognized.

Rights guaranteed under Section 7 1. Right to information on matters of public concern 2. Right of access to official records and documents Persons entitled to the above rights:

Only Filipino citizens.

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Discretion of government The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized restrictions on the right of the people to information: 1. 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

Section 8. Th e right of t he people, incl udi ng those empl oyed in t he publ ic and pr ivate sectors, to for m u ni ons, associati ons, or societies for pu rposes not contr ar y 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 toform unions. They also have the right to strike, unless there is a statutory ban on them.

Section 9. Pr ivate property shal l n ot be taken for publ ic use wi thou t ju st compensation. Who can exercise the power of eminent domain: 1) The national government a. Congress b. Executive, pursuant to legislation enacted by Congress 2) Local government units, pursuant to an ordinance enacted bytheir 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. 18


Elements of the power of eminent domain 1) There is a TAKING of private property 2) Taking is for PUBLIC USE 3) Payment of JUST COMPENSATION "TAKING"

A. Elements: CODE: E P A P O 1. The expropriator enters the property 2. The entrance must not be for a momentary period, i.e., it must bepermanent 3. Entry is made under warrant or color of legal authority 4. Property is devoted to public use 5. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment of his property. B. Compensable taking does not need to involve all the property interests which form part of the right of ownership. When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable taking, even if bare title still remains with the owner. " PUBLIC USE"

1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is used in the concept of police power. 2. Examples of public use include land reform and socialized housing. " JUST COMPENSATION "

1.

2.

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

Judicial review of the exercise of the power of eminent domain 1. To determine the adequacy of the compensation 2. To determine the necessity of the taking 3. To determine the "public use" character of the taking. 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

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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 ofthe 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.

Section 10. No l aw impai ring the obli gation of contr acts shal l be passed. When does a law impair the obligation of contracts: 1) If it changes the terms and conditions of a legal contract either as to the time or mode of performance 2) If it imposes new conditions or dispenses with those expressed 3) If it authorizes for its satisfaction something different from thatprovided 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.

Section 11. F r ee access to th e cour ts and quasi-j udi cial bodies and adequate legal assistance shal l not be deni ed to any person by r eason of poverty.

Section 12. Ri ghts of per son under in vesti gation f or th e commission of an off ense. Rights of person under investigation for the Commission of an offense CODE: SCISI 1) Right to remain silent 2) Right to have competent and independent counsel, preferably of his own choice 3) Right to be provided with the services of counsel if he cannot afford the services of one. 4) Right to be informed of these rights. When rights are available: 1) AFTER a person has been taken into custody or 2) When a person is otherwise deprived of his freedom of action in any significant way. 3) When the investigation is being conducted by the government (police, DOJ, NBI) with respect to a criminal offense. 4) Signing of arrest reports and booking sheets.

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When rights are not available: 1) During a police line-up. Exception: Once there is a move among the investigators to elicit admissions or confessions from the suspect. 2) During administrative investigations. 3) Confessions made by an accused at the time he voluntarily surrendered to the police or outside the context of a formal investigation. 4) Statements made to a private person. Exclusionary rule 1) Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him (the accused). 2) Therefore, any evidence obtained by virtue of an illegally obtained confession is also inadmissible, being the fruit of a poisonous tree. Requisites of valid waiver: 1) Waiver should be made in WRITING 2) Waiver should be made in the PRESENCE OF COUNSEL.

Section 13. Right to ba il Who are entitled to bail: 1) All persons ACTUALLY DETAINED 2) shall, BEFORE CONVICTION 3) Be entitled to bail. Who are not entitled to bail: 1)

Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong

2)

Persons CONVICTED by the trial court. Bail is only discretionary pendingappeal.

3)

Persons who are members of the AFP facing a court martial.

Other rights in relation to bail. 1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended. 2) Excessive bail shall not be required. Factors considered in setting the amount of bail: 1) Ability to post bail 2) Nature of the offense 3) Penalty imposed by law 4) Character and reputation of the accused 21


5) Health of the accused 6) Strength of the evidence 7) Probability of appearing at the trial 8) Forfeiture of previous bail bonds 9) Whether accused was a fugitive from justice when arrested 10) If accused is under bond in other cases Implicit limitations on the right to bail: 1. The person claiming the right must be in actual detention or custody of the law. 2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings. Note: 1. Right to bail is not available in the military. 2. Apart from bail, a person may attain provisional liberty through recognizance, which is an obligation of record entered into before a court guaranteeing the appearance of the accused for trial. It is in the nature of a contract between the surety and the state.

Section 14. Ri ghts of an accused Rights of a person charged with a criminal offense 1. Right to due process of law 2. Right to be presumed innocent 3. Right to be heard by himself and counsel 4. Right to be informed of the nature and cause of the accusation against him 5. Right to have a speedy, impartial and public trial 6. Right to meet the witnesses face to face 7. Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf “DUE PROCESS” This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. “PRESUMPTION OF INNOCENCE” The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed. Presumption of guilt should not be conclusive.

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“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

A. The right to be present covers the period from ARRAIGNMENT to PROMULGATION of sentence. B. After arraignment, trial may proceed notwithstanding absence of accused, provided 2 requisites are met. (i)

Accused has been duly notified; and

(ii)

His failure to appear is unjustifiable.

Note, that trial in absentia is allowed only if the accused has been validly arraigned. C. The accused may waive the right to be present at the trial by not showing up. However, the court can still compel the attendance of the accused if necessary for identification purposes. EXCEPTION: If the accused, after arraignment, has stipulated that he is indeed the person charged with the offense and named in the information, and that any time a witness refers to a name by which he is known, the witness is to be understood as referring to him. D. 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 confron 5. Right to com

tation a nd cross -e xamination

pulsory p rocess to secure the a

ttendance 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 defenses

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2) To avail himself of his conviction or acquittal against afurther prosecution for the same cause 3) To inform the court of the facts alleged. If the information fails to allege the material elements of the offense , the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. “RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL” Factors used in determining whether the right to a speedy trial has been violated 1) Time expired from the filing of the information 2) Length of delay involved 3) Reasons for the delay 4) Assertion or non-assertion of the right by the accused 5) Prejudice caused to the defendant. Effect of dismissal based on the ground of violation of the accused’s right to speedy trial If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim double jeopardy. This would be the effect even if the dismissal was made with the consent of the accused Remedy of the accused if his right to speedy trial has been violated He can move for the dismissal of the case. If he is detained, he can file a petition for the issuance of writ of habeas corpus. Definition of impartial trial The accused is entitled to the “cold neutrality of an impartial judge”. It is an element of due process. Definition of public trial The attendance at the trial is open to all irrespective of their relationship to the accused. However, if the evidence to be adduced is “offensive to decency or public morals”, the public may be excluded. The right of the accused to a public trial is not violated if the hearings are conducted on Saturdays, either with the consent of the accused or if failed to object thereto. “RIGHT TO MEET WITNESS FACE TO FACE” Purposes of the right: 1. To afford the accused an opportunity to cross-examine the witness 2. To allow the judge the opportunity to observe the deportment of the witness

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Failure of the accused to cross-examine a witness If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution, the testimony of the witness should not be excluded. When the right to cross-examine is demandable It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations. Principal exceptions to the right of confrontation 1. The admissibility of “dying declarations” 2. Trial in absentia under Section 14(2) 3. With respect to child testimony

Section 16. Al l per sons shal l have the r ight to a speedy dispositi on of their cases befor e all judi cial, quasi-judi cial , or admi ni str ati ve 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.

Section 17. No person shall be compell ed to be a wi tness again st h im self . When is a question incriminating: A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Distinction between an accused and an ordinary witness 1. An accused can refuse to take the witness stand by invoking the right against selfincrimination. 2. An ordinary witness cannot refuse to take the stand. He can only refuse to answer specific questions which would incriminate him in the commission of an offense. Scope of right 1.

What is PROHIBITED is the use of physical or moral compulsion to extort communication from the witness or to otherwise elicit evidence which would not exist were it not for the actions compelled from the witness.

2.

The right does NOT PROHIBIT the examination of the body of the accused or the use of findings with respect to his body as physical evidence. Hence, the fingerprinting of an accused would not violate the right against self-incrimination.

However, obtaining a sample of the handwriting of the accused would violate this right if he is charged for falsification. 3.

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

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When the right can be invoked: 1. In criminal cases 2. In administrative proceedings if theaccused is liable to a penalty (Ex. Forfeiture of property) Who can invoke the right: Only natural persons. Judicial persons are subject to thevisitorial powers of the state in order to determine compliance with the conditions of the charter granted to them.

Section 18. Right again st i nvoluntar y ser vitude Definition of involuntary servitude It is every condition of enforced or compulsory service of one to another no matter under what form such servitude may be disguised. Exceptions: 1. Punishment for a crime for which the party has been duly convicted 2. Personal military orcivil service in the interest of national defense 3. In naval enlistment: a person who enlists in a merchant ship may be compelled to remain in service until the end of the voyage 4. Posse comitatus for the apprehension of criminals 5. Return to work order issued by the DOLE Secretary or the President 6. Minors under patria potestas are obliged to obey their parents.

Section 19. Prohi biti on against cruel, de grading and in human puni shment When is a penalty “cruel, degrading and inhuman”? 1. A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being drawn and quartered. 2. A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred and feathered, then paraded throughout town. Standards used: 1. The punishment must not be so severe as to be degrading to the dignity of human beings. 2. It must not be applied arbitrarily. 3. It must not be unacceptable to contemporary society 4. It must not be excessive, i.e. it must serve a penal purpose more effectively than a less severe punishment would. Excessive fine A fine is excessive, when under any circumstance, it is disproportionate to the offense.

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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, thelaw is not a penal law.

Section 20. No per son shal l be impr isoned for debt or n on-payment of a po ll tax. Definition of debt under Section 20 1) Debt refers to a CONTRACTUAL obligation, whether express orimplied, 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 isex delicto and not ex contractu. 3) A FRAUDULENT debt may result in the imprisonment of the debtor if: A. The fraudulent debt constitutes a crime such as estafa and B. The accused has been duly convicted.

Section 21. No person shal l be twice put i n j eopardy of pu ni shment f or th e same off ense. I f an act puni shed by a law and an or dinance, c onviction or consti tut e a bar to anoth er pr osecuti on f or t he same act.

acqui ttal under eith er shall

What are the TWO KINDS OF JEOPARDY? 2. First Sentence: No person shall be twice put in jeopardy of punishment for the same offense. 3. Second Sentence: When an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for thesame act. Under the first kind of jeopardy, conviction, acquittal, or dismissal of the case without the express consent of the accused will bar a subsequent prosecution. Under the second kind of jeopardy, only conviction or acquittal – not dismissal without the express consent of the accused– will bar a subsequent prosecution. Requisites for a valid defense of double jeopardy: CODE: ATS 1) First jeopardy must have attached prior to the second. 2) The first jeopardy must haveterminated. 3) The second jeopardy must be for the same offense, one that includes or is necessarily included in the first offense, or is an attempt or frustration of the first, or is an element thereof. When does jeopardy ATTACH: (1st requisite) CODE: CICAV 1) A person is charged 2) Under a complaint or information sufficient in form and substance to sustain a conviction 3) Before a court of competent jurisdiction

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4) After the person is arraigned 5) Such person enters a valid plea. When does jeopardy NOT attach: 1) If information does not charge any offense 2) If, upon pleading guilty, the accused presents evidence of complete self-defense, and the court thereafter acquits him without entering a new plea of not guilty for accused. 3) If the information foran offense cognizable by the RTC is filed with the MTC. 4) If a complaint filed for preliminary investigation is dismissed. When does first jeopardy TERMINATE: (2ND REQUISITE) 1) Acquittal 2) Conviction 3) Dismissal W/O the EXPRESS consent of the accused 4) Dismissal on the merits. Examples of termination of jeopardy: 1) Dismissal based on violation of the right to a speedy trial. This amounts to an acquittal. 2) Dismissal based on a demurrer to evidence. This is a dismissal on the merits. 3) Dismissal on motion of the prosecution, subsequent to a motion for reinvestigation filed by the accused. 4) Discharge of an accused to be a state witness. This amounts to an acquittal. When can the PROSECUTION appeal from an order of dismissal: 1) If dismissal is on motion of the accused. Exception: If motion is based on violation of theright to a speedy trial or ona demurrer to evidence. 2) If dismissal does NOT amount to an acquittal or dismissal onthe merits 3) If the question to be passed upon is purely legal. 4) If the dismissal violates the right of due process of the prosecution. 5) If the dismissal was made with grave abuse of discretion. What are considered to be the “SAME OFFENSE”: (under the 1st sentence of Section 21) 1) Exact identity betweenthe 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 ornecessary includes theother.

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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. Note:

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 theoffense be the same. SUPERVENING FACTS 1) Under the Rules of Court,a conviction for an offense will not bar a prosecution for an offense which necessarily includes the offense charged in the former information where: A. The graver offense developed due to a supervening fact arising from the same act or omission constituting the former charge. B. The facts constituting the graver offense became known or were discovered only after the filing of the former information. C. The plea of guilty to the lesser offense wasmade 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.

Section 22. No ex post facto law or bi ll of att ain der 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 expost facto laws only applies to retrospective PENAL laws.

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Characteristics of an Ex Post Facto Law 1. Refers to criminal matters 2. Retrospective 3. Causes prejudice to the accused Definition of BILL OF ATTAINDER 1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL trial. 2) The bill of attainder does not need to be directed at a specifically named person. It may also refer to easily ascertainable members of a group in such a way as to inflict punishment on them without judicial trial. 3) Elements of

the bill of atta inder

A. There must be a LAW. B. The law imposes a PENAL burden on a NAMED INVIDIDUAL/EASILY ASCERTAINABLE MEMBERS of a GROUP. C. The penal burden is imposed DIRECTLY bythe LAW W/O JUDICIAL trial.

ARTICLE IV – CITIZENSHIP Who are citizens of the Philippines? 1) Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution 2) Those whose fathers or mothers are citizens of the Philippines. 3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. 4) Those who are naturalized in accordance with law. Modes of acquiring citizenship: 1) Jus Soli

– acquisition of citizenship on the basis of place of birth

2) Jus Sanguinis

– acquisition of citizenship on the basis of blood relationship

3) Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. Note:

The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship uponreaching 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. 30


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 whodo 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 citizenship

2) Exception: If, by their act or omission they are deemed, under the law, to have renounced it. Examples of renunciation of Philippine citizenship: 1) Voluntarily obtaining foreign passport 2) Pledging allegiance to another country (ex. bybecoming a naturalized citizen of another country) Re-acquisition of citizenship Natural-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 31


ARTICLE V – SUFFRAGE Qualifications:

CODE: CD18RR

1) Citizen of the Philippines 2) Not Disqualified by law 3) At least 18 years old 4) Resident of the Philippines for at least 1 year 5) Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. Note: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Residency requirement Residency, under Article V has 2 senses:

1. DOMICILE Philippines.

– This is in reference to the 1 year residency requirement in the

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 than1 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. Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence. Note

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ARTICLE VI – THE LEGISLATIVE DEPARTMENT SEC. 1. Th e legislati ve power shal l be vested in the Congr ess of t he Phil ippines, whi ch shal l consist of a Senate and a H ouse of Representati ves, except to the extent r eserved to th e people by the provision on i ni tiati ve 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. O riginal – Possessed by the people in their sovereign capacity 2. De legated – Possessed by Congress and other legislative bodies by virtue of the Constitution 3. C onstituent – The power to amend or revise the Constitution 4. O rdinary – The power to pass ordinary laws Note: The srcinal legislative power of the people is exercised via initiative and referendum . In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit. Limits on the legislative power of Congress: 1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state religion. 2. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days. Note: Provided that these two limitations are not exceeded, Congress‟ legislative power is plenary. Corollaries of legislative power: 1. Congress cannot pass irrepealable laws. Since Congress‟ powers are plenary, and limited only by the Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed. 2. 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.

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This involves either of two tasks for the administrative agencies: 1. “Filling up the details” on an otherwise complete statute; ro 2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.

Sections 2-4. SENATE Composition 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Qualifications 1. 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 atleast 2 years immediately preceding theday 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 anylength of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Sections 5-7. HOUSE OF REPRESENTATIVES Composition: 1. Not more than 250 members, unless otherwise fixed by law; and 2. Party-list Representatives Election of 250 members 1. They shall be elected from legislative districts apportioned amongthe provinces, cities and the Metropolitan Manila area. 2. Legislative districts are apportioned inaccordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. a. Each district shall comprise, as far as practicable, contiguous, compactand adjacent territory; 34


b. Each city with at least 250,000 inhabitants will be entitled toat least one representative. c. Each province will have at least one representative. d. 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. e. The standards used to determine the apportionment of legislative districts is meant to prevent „gerrymandering‟, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. Qualifications 1. Natural born citizen of the Philippines; 2. At least 25 years old on the day of the election; 3. Able to read and write; 4. Registered voter in the district he seeks to represent; and 5. A resident of such district for at least one year immediately preceding the dayof the election. Term of Office 1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. 2. Voluntary renunciation of office for anylength of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Term Limitations No member of the House of Representatives shall serve for more than three (3) consecutive terms. Distinctions between Term and Tenure 1. Definition

a. Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof. b. Tenure is the actual period during which such officer actually holds his position. 2. Limitation/Possible

Reduction

a. Term CANNOT be reduced. b. 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 officer‟s tenure and NOT his constitutional term. (This is no longer true under the Fair Election Act)

35


Party-List Representatives 1. Constitute 20% of the total number of representatives, including those underthe party-list system (thus a maximum of 50 party-list members of the House) 2. However, for 3 consecutive terms from 2February 1987 (i.e., the 1987-92, 92-95and 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. 3. Mechanics

of the party-list

system:

a. Registered organizations submita list of candidates in order of priority. b. During the elections, these organizations are voted for at large. c. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get. 4. Qualifications

a. Natural born citizen of the Philippines b. At least 25 years of age on the day of the election c. Able to read and write

SEC. 9. I n case of vacancy in the Senate or i n th e Hou se of Representati ves, a SPECI AL EL ECTI ON m ay be call ed to fi ll such vacancy in th e manner pr escri bed by law, but the Senator or M ember of the H ouse of Representati ves thus elected shal l ser ve onl y f or the unexpir ed term.

SEC. 10. Salar ies of Senator s and M embers of the H ouse 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: a. 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. b. If Congress is in recess, members thereofmay be arrested.

36


c. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses. 2.) Legislative privilege: a. 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. b. Limit ation 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 members of made, votes performance

(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.

or debate‟ must be made in performance of their duties as Congress. This includes speeches delivered, statements cast, as well as bills introduced, and other activities done in of their official duties.

SEC. 12.

Al l M embers of the Senate and the H ouse of Repr esentati ves shal l, upon assumpti on of off ice, make a ful l di sclosure of th eir f inanci al and busin ess in terests. Th ey shall notif y the House concer ned of a potenti al confl ict of in ter est that may ari se from th e fi li ng of a proposed legislation of wh ich they are authors.

SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS: Disqualifications: DISQUALIFICATION

WHEN APPLICABLE

1. Senator/Member of the House cannot During his term. If he does so, he forfeits hold any other office or employment in the his seat. Government or any subdivision, agency or Instrumentality thereof, including GOCCS or their subsidiaries. 2. Legislators cannot be appointed to any IF the office was created or the office. emoluments thereof increased during the term for which he was elected. 3. Legislators cannot personally appear During his term of office. as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 4. Legislators cannot be financially During his term of office. 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.

37


5. Legislators cannot intervene in any When it is for his pecuniary benefit or matter before any office of the where he may be called upon to act on government. account of his office.

SEC. 15: REGULAR AND SPECIAL SESSIONS Regular Sessions: th 1.) Congress convenes once every year on the 4 Monday of July (unless otherwise

provided for by law) 2.) Continues in session for as long as it sees fit, until 30days 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; and 3.) Each House may choose suchother officers as it may deemnecessary. Election of Officers By 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

a. Concurrence of 2/3 of ALL its members and b. Shall not exceed 60 days. 2.) Expulsio

n

a. Concurrence of 2/3 of ALL its members.

38


Congressional Journals and Records: 1.) The Journal is conclusive upon the courts. 2.) BUT an enrolled bill prevails over the contents ofthe 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.

Section 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 thevalidity 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.

39


3.) The mere fact that the members of either the S enate 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 thatthe 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.

Section 18: THE COMMISSION ON APPOINTMENTS Composition: 1.) Senate President asex-officio chairman; 2.) 12 Senators; and 3.) 12 Members of the House. Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations. Voting/Action 1.) The chairman shall only vote in case ofa tie. 2.) The CA shall act on all appointments within 30 session days from their submission to Congress. 3.) The Commission shall rule bya majority vote of all the Members. Jurisdiction 1.) CA shall confirm the appointments by the President with respect to the following positions: a. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post). b. Ambassadors, other public ministers or consuls. c. Officers of the AFP from the rank of Colonel or Naval Captain: and d. Other officers whose appointments arevested in him by the Constitution (e.g. COMELEC members). 2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA. 3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress. Meetings of the CA 1.) CA meets only while Congress is in session. 2.) Meetings are held either at the call of the Chairman or a majority of all its members.

40


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 andthe House of Representative shall have been organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES Scope: 1. Either House or any of their committees may conductinquires „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 beneeded for purposes of proposing future legislation. 3. If the stated purpose of the investigation is todetermine 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: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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: 1. The inquiry must be conducted in accordance with the „duly published rules of procedure‟ of the House conducting the inquiry; and 2. The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against self-incrimination.

41


Appearance by department heads before Congress: 1.

Since members of the executive department are co-equals with those of the legislative department, under the principle of separation of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.

2.

Depa rtm ent heads may a ppear before Congress in

the followin g instances:

a. Upon their own initiative, with the consent of the President (and that of the House concerned); or b. Upon the request of either House (which cannot compel them to attend) 3.

The appearance

will be con duc ted in EXECUT IVE SESSI ON wh en:

a. Required by the security of state or required by public interest; and b. When the President so states in writing

Sections 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. 2. Limitations:

a. Powers will be exercised for a limited period only; and b. Powers will be subject to restrictions prescribed by Congress 3. Expiration

of emergency

pow ers

a. By resolution of Congress or b. Upon the next adjournment of Congress Sections 24-27, 30-31 LEGISLATION Bills that must srcinate from the House of Representatives (Section 24) 1. Appropriation bills 2. Revenue bills 3. Tariff bills 4. Bills authorizing the increase of public debt 5. Bills of local application 6. Private bills 42


Note: The Senate may, however, propose or concur with amendments. Appropriation bills 1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. 2. Thus, a bill enacting the budget is an appropriations bill. 3. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. Revenue Bill 1.

A revenue bill is one specifically designed to raise money or revenue through imposition or levy.

2.

Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.

Bills of local application A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have srcinated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version. Limitations: 1. For appropriation

bills:

a. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget. b. 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. c. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. d. 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. e. Transfer of appropriations:

i.

Rule: No law shall be passed authorizing anytransfer of appropriations

ii.

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 43

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo f.

Discretionary

funds appropriated

for pa rticular

officials

i.

Disbursed only for public purposes;

ii.

Should be supported by appropriate vouchers; and

iii.

Subject to guidelines as may be prescribed by law.

g. If C ongr ess fa ils to pass Ge any fisc al year:

shall be:

neral App ropriations Bill (GAB) by the

end of

i. The GAB for the previous year is deemed reenacted ii. It will remain in full force and effect until theGAB is passed by Congress. 2. For law granting ta x exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. 3. For bills in general a. Every bill shall embrace only o thereof

ne (1 ) subject, a s expressed in the title

i.

As a mandatory requirement

ii.

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 clausein the bill is considered germane to the subject matter of the bill.

b. Readings

1. In order to become a law, each bill must pass three (3) readings in both Houses. 2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. 3. Exception: If a bill is certified as urgentby 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 committee Second reading

– only the title is read; the bill is passed to the proper

– Entire text is read and debates are held, and amendments

introduced. – only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and theyeas and nays entered in the journal. Third reading

44


Veto power of President: 1. Every bill, in order to become a law, must be presented to and signed by the President. 2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it srcinated. The House shall enter the objections in the Journal and proceed to reconsider it. 3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a lawas if he signed it. 4. This rule eliminates the „pocket veto‟ whereby the President would simply refuse to act on the bill. 5. To OVERRIDE the veto , at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overriden and becomes a law without need of presidential approval. 6.

Item veto

a. The President may veto particular items in an appropriation, revenue ortariff bill. b. This veto will not affect items to which he does not object. c. Definition of item TYPE OF BILL

ITEM

1. Revenue/tax bill

Subject of the tax and the tax rate imposed thereon

2. Appropriations bill

Indivisible sum dedicated to a stated purpose

d. Veto of RIDE R

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 Section25(2), the President may veto it as an item. Specific limitations on legislation 1. No law shall be enacted increasing the Supreme Court‟s appellate jurisdiction without the SC‟s advice and concurrence. 2. No law shall be enacted granting titles of royalty or nobility.

Section 28. POWER TO TAX Limitations: 1) The rule of taxation should be UNIFORM 2) It should be EQUITABLE 3) Congress should evolve a PROGRESSIVE system of taxation. 4) The power to tax must be exercised for a public purpose because the powerexists for the general welfare

45


5) The due process and equal protection clauses of the Constitution should be observed. Delegation of power to fix rates 1) Congress m ay, BY LAW, authorize the P

resident to fix the follow

ing:

a) Tariff rates b) Import and Export Quotas c) Tonnage and wharfage dues d) Other duties and imposts Within the framework of the national development program of the Government 2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose. Constitutional tax exemptions: 1) The following properties are exe (CODE: Cha Chu M- CA)

mp t from REAL PROPE RTY ta xes

a) Charitable institutions b) Churches, and parsonages or convents appurtenant thereto c) Mosques d) Non-profit cemeteries; and e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes.

2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes . (Art. XIV Sec 4 (3)) 3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))

Section 29. Power of the Purse 1) No mon ey shall be an appropriation m

paid out of the National ade by law.

Trea sury EXCEP T in pursuance of

a) This places the control of public funds in the hands of Congress. b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation. 2) Limitations. a) Appropriations must be for a PUBLIC PURPOSE

46

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo b) Cannot appropriate of

public fund

s or property,

directly or indirectly,

in favor

(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 assign

-

the Armed Forces; or

-

any penal institution; or

ed to:

- 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 Fund s

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

Section 32. INITIATIVE AND REFERENDUM 1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body. 2) Required Petition a) Should be signed by at least 10% of the total number of registered voters b) Every legislative district should be represented byat least 3% of the registered voters c) Petition should be registered

47


ARTICLE VII. THE EXECUTIVE DEPARTMENT Section 1. EXECUTIVE POWER Scope: 1) Executive power is vested in the President of the Philippines. 2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the President as the Chief Executive of the country, which powers include others not set forth in the Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in office. 3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It may also be waived by the President, as whenhe himself files suit. 4) BUT The President CANNOT dispose ofstate property unless authorized by law. Section 2. QUALIFICATIONS 1) Natural-born citizen of the Philippines 2) Registered voter; 3) Able to read and write; 4) At least 40 years old on the day of election 5) Philippine resident forat least 10 years immediately preceding suchelection. Note: The Vice-President has the samequalifications & 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.

Section 4. MANNER OF ELECTION/ TERM OF OFFICE Manner of Election 1) The President and Vice-President shall be electedby 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, oneshall 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.

48


7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election, returns, and qualifications of the President or Vice-President and may promulgate its rules for the purpose. Term of Office 1) President a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on the same day 6 years later. b) Term limitation:

Single term only; not eligible for any reelection.

c) Any person who has succeeded as President, and served as such for more than 4 years shall NOT be qualified for election to the same office at any time. 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 officefor any length of time is NOT an interruption in the continuity of service for the full term for which the Vice-President was elected.

Section 6. SALARIES AND EMOLUMENTS 1) Official salaries are determined by law. 2) Salaries cannot be decreased during the TENURE of the President and the VicePresident. 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 fromthe government or any other source during their TENURE

Sections 7-12, PRESIDENTIAL SUCCESSION 1. Vacancies at the beginning of the term VACANCY

SUCCESSOR

President-elect fails to qualify or to be VP-elect will be Acting President until chosen someone is qualified/chosen as President. President-elect dies or is permanently VP becomes President. disabled. Both President and VP-elect are not 1. Senate President or chosen or do not qualify or both die, or 2. In case of his inability, the Speaker of both become permanently disabled. 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. 49


3. Vacancies after the office is initially filled: VACANCY

SUCCESSOR

President dies, is permanently disabled, is Vice-President becomes President for the impeached, or resigns. unexpired term. Both President and Vice-President die, 1. Senate President or become permanently disabled, are impeached, or resign. 2. In case of his inability, the Speaker of the House shall act as President until the President or VP shall have been elected and qualified. 3) Vaca ncy in office of Vice-

President during the te

rm for w hich he was ele

cted:

a) President will nominate newVP 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 Pre

sident and Vice

-P resident a fter vaca ncy du ring tem

a)

Congress shall convene 3 days after the vacancy in the office of both the President and the VP, without need of a call. The convening 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 shallbe 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 th in either of two ways:

e Pre sident to disc

harge his du

ties may be raised

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:

(iii)

If within 5 days after the President re-assumes his position, the majority of the Cabinet retransmits their written declaration, Congress

If the President transmits a written declaration that he is not disabled, he reassumes his position

50


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 fo Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the President

SUBJECT

Section 13. DISQUALIFICATIONS SOURCE OF DISQUALIFICATION Prohibited

from :

President, Vice-President, 1. Holding any office or employment during their Cabinet Members, Deputies or tenure, UNLESS: Assistants of Cabinet Members a. otherwise provided in the Constitution (e.g. VP can be appointed a Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or b. 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). 2.

Practicing, directly or indirectly, profession during their tenure;

any other

3.

Participating in any business;

4.

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. th

Spouses and 4 degree Cannot be appointed during President‟s tenure as: relatives of the President (consanguinity or affinity) 1. Members of the Constitutional Commissions; 2. Office of the Ombudsman; 3. Department Secretaries; 4. Department under-secretaries; 5. Chairman or heads of bureaus or offices including GOCC‟s and their subsidiaries. N.B. a. If the spouse, etc., was already in any of the above offices at the time before his/her spouse became President, he/she may continue in office. What is prohibited is appointment and reappointment, NOT continuation in office. b. Spouses, etc., can be appointed to the judiciary and as ambassadors and consuls. 51


Sections 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 Pre sident shall appoint the follow

ing:

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 confirm ation neede d:

a) Nomination by President b) Confirmation by CA 52


c) Appointment by President; and d) 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 confirm ation:

a) Appointment; and b) Acceptance. Note: Once appointee accepts, President canno longer withdraw theappointment. 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 onlyeffective 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. Limitation 1) 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 APPOINTMENTS b) To fill EXECUTIVE POSITIONS; c) If continued vacancies therein will prejudice public service or endanger public safety.

Section 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.

53


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 beexercised personally by the President. Disciplinary Powers: 1) The power of the President to discipline officers flows fromthe power to appoint the officer, and NOT from the power to 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 thatthe 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 thepower of control; but the power of control necessarily includes the power of supervision.

Section 18. COMMANDER-IN-CHIEF POWERS Scope: 1) The President is the Commander-in-Chief of the Armed Forces. 2) Whenever necess SUPPRESS:

ary, the President m

ay call out the AFP

to PREVENT

or

a) Lawless violence; b) Invasion; or c) Rebellion.

54

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo 3) The President

m ay 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 a. Invasion or b. Rebellion; and c. Public safety requires it. 2. The invasion or rebellion must be ACTUALand not merely imminent. 3. Limitations: a. Suspension or proclamation is effective for only 60 days. b. Within 48 hours from the declaration or suspension, the President must submit a report to Congress. c. Congress, by majority vote and voting jointly, may revoke the same, and the President cannot set aside the revocation. d. 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 and ii. Public safety requires it. NOTE: Congress CANNOT extend the period motu propio. e. Supreme Court review:

i. The appropriate proceeding canbe filed by any citizen. ii. The SC can review the FACTUAL BASIS of the proclamation or suspension. iii. Decision is promulgatedwithin 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 and iv. Automatically suspend theprivilege of the writ. g. Suspension of

privilege

of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

55


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.

Section 19: EXECUTIVE CLEMENCY Scope: 1.) The Pre sident may gr

ant the following:

[ Pa R C Re]

a. Pardons (conditional or plenary) b. Reprieves c. Commutations d. Remittance of fines and forfeitures 2.) These may only be granted AFTER conviction byfinal judgment. 3.) ALSO: The power to grant clemency includes cases involving administrative penalties. 4.) Where a conditional pardon is granted, the determination of whether it has been violated rests with the President. Limitations: 1.) As to scope:

Cannot be granted: a.) Before conviction b.) In cases of impeachment c.) For violations of electionlaws, rules, and regulation without thefavorable recommendation of the COMELEC d.) In cases of civil or legislative contempt 2.) As to effect:

a.) Does not absolve civil liabilities for anoffense. 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 togroups 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.

56


3.) When a person applies for amnesty, he must ad mit 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

PARDON

Addressed to POLITICAL offenses

Addressed to ORDINARY offenses

Granted to a CLASS of persons

Granted to INDIVIDUALS

Need not be accepted

Must be accepted

Requires concurrence of majority of all members of Congress

No need for Congressional concurrence

A 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 conviction

before

or

after Only granted after conviction by final judgement

Section 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.

Section 21. Foreign Relations Powers include: (1) Power to negotiate trea

ties and oth

er international agree

ments

(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 o f Sena te when a trea ty is sub mitted 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.

57


Note: The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition. (e) Conflict between treaty and m

unicipal law.

(i) Philippine court: The later enactment will prevail, be it treaty or law, as it is the latest expression of the State‟s will. (ii) International tribunal Treaty will always prevail. A State cannot plead its municipal law to justify noncompliance with an international obligation. (2) Power to appoint ambassadors, other public ministers, and consuls. (3) Power to receive a

mb assadors and other pub

lic min isters accredited to the

Philippines.

(4) Power to co ntract and guarantee

foreign loans on

behalf of the Re

public

(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.

58


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 andsuch lower courts as may be established by law. 4. Since the courts are given „judicial power‟ and not hing 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

mu st exist the following:

a.

An actual controversy with legally demandable and enforceable rights;

b.

Involving real parties in interest;

c.

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: a. The duty of the courts to settle a

ctual controversies involvin whic h are legally demandable and enforceable ; and

g rights

b. To determine wh

ether or not th ere has bee n a grave abuse of dis cretion amoun ting to lack or exce ss of jurisdic tion on the part of a ny branch o r instrum entali ty of the governm ent .

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 CONGRESS 1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights; and 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights.

59


3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts. 5. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the Constitution. 6. Crea tion a nd a bolition of

courts :

a. The power to create courts implies the power to abolish and even reorganize courts. b. BUT this power cannot be exercised in a manner which would undermine the security of tenure of the judiciary. c. If the abolition/re-organization is done in good faith and not for political or personal reasons, then it is VALID. (same rule applies for civil servants)

SEC. 3. FISCAL AUTONOMY 1. The entire judiciary shall enjoy fiscal autonomy. 2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the previous year. 3. Once approved, appropriations shall be automatically and regularly released.

SECS. 4-7; 12 JUDICIARY Composition of the Supreme Court: 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 Philippines 2. At least 40 years old 3. At least 15 years of experience as a judge orin the practice of law inthe Philippines 4. Person of proven competence, integrity, probityand independence. Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 1. Natural born citizen of the Philippines 2. Member of the Philippine bar 3. Possesses other qualifications prescribed byCongress 4. Person of proven competence, integrity, probityand independence. Qualifications of judges of lower non-collegiate courts: 1. Citizen of the Philippines (may be a naturalized citizen) 60


2. Member of the Philippine Bar 3. Possesses other qualifications prescribed byCongress 4. Person of proven competence, integrity, probity andindependence.

Section 8. JUDICIAL AND BAR COUNCIL 1. The Judicial and Bar Council is under the supervision of the SC. A. Is under the supervision of the Supreme Court and is composed of: 1. Chief Justice, as ex-officio chairman 2. Secretary of Justice, as an ex-officio member 3. Representative of Congress, as an ex-officio member 4. Representative of the Integrated Bar 5. A professor of law 6. A retired member of the SC; and 7. Private sector representative Note: The last four are the regular members of the JBC. Regular members are appointed by the President with CA approval. Regular members serve for 4 years, with staggered terms. B. Functions of JBC 1. Principal function: recommend appointees to the Judiciary 2. Exercise such other functions as the SC may assign to it. C. Appo intments to the 1.

Judiciary

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. SALARIES 1. Salaries of SC Justicesand judges of lower courts shall be fixed bylaw. 2. Cannot be decreased during their continuance in office, but can be increased. 3. Members of the Judiciary are NOT exemptfrom payment of incometax.

61


SEC. 11. TENURE/DISCIPLINARY POWERS OF SC 1. Members of the SC and judges of the lower courts hold office during good behavior until a. The age of 70 years old; or b. They become incapacitated to dischargetheir duties. 2. Disciplinary action aga

inst judg es 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. Treaty b. International or executive agreement or c. Law. 2. All cases required to be heard en banc under the Rules of Court: a. Appeals from Sandiganbayan; and b. From the Constitutional Commissions 3. All cases involving the constitutionality, application or operation of a. Presidential decrees b. Proclamations c. Orders d. Instructions e. Ordinances; and f. Other regulations.

62


4. Cases heard by a division where required majority of 3 was not obtained. 5. Cases where SC modifies or reverses a doctrineor 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; and 7. Election contests for President and Vice-President. Cases heard by division 1. Must be decided with the concurrence of amajority of the members who tookpart in the deliberations and voted thereon. 2. Majority vote in a division should be at least 3 members. Powers of the SC 1. SC has ORI GIN AL jurisdictio

n over

a. 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 i. treaty ii. international or executive agreement iii. law iv. presidential decree v. proclamation vi. order vii. instruction viii. ordinance, or ix. regulation; b. All cases involving the legality of any i. tax ii. impost iii. iv. v.

assessment or toll or any penalty imposed in relation thereto;

c. All cases in which the jurisdiction of any lower court is in issue d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and e. All cases where ONLY errors or questions of law are involved. 3. Temporarily assign lower cou

rt judges to oth

er stations in the public interest.

Note: Temporary assignment shall not exceed 6months without the consent of the judge concerned. 4. Order a change of venue or

place of trial to avoid a m

iscarriage of justice.

63


5. Promu lgate rules concerning: a. The protection and enforcement of constitutional rights; b. Pleading, practice andprocedure in all courts; c. Admission to the practice of law; d. The Integrated Bar; and e. Legal assistance to the underprivileged. Limit ations on Rule

Making Power

a. 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, ormodify substantive rights. 6. Appo int ALL officials and e Service Law .

mp loyees of

the Judiciary,

7. Exercise a dminis trative supervision over ALL c

in accordance with Civil

ourts and the personn

el there of.

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 Definition 1.

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, andthus, only SC decisions are binding on all.

64


Requisites

Code: [A R S Co R]

1. An ACTUAL CASE calling for the exercise of judicial power 2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the person challenging it. 3. The person challenging the governmental actmust 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 aparticular law is unconstitutional, it is considered as an „operative fact‟ which at that time had to be complied with. 2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional. 3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.

SEC. 14. DECISIONS 1. Decisions MUST state clearly and distinctly the facts and the law on which it is based. 2. Refusal to give due course to petitions for review and motions for reconsideration must state the legal basis for such refusal. 3. Memorandum decisions, where the appellate court adopts thefindings 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.

65


ARTICLE IX – THE CONSTITUTIONAL COMMISSIONS Section 1. Constitutional Commissions Independent Constitutional Commissions: 1) Civil Service Commission (CSC) 2) Commission on Elections (COMELEC) 3) Commission on Audit (COA) Why Independent? They perform vital functions of government. Their integrity is protected by the fact that they:

1) Are constitutionally created (Sec. 1) 2) Have independent powers of appointment (Sec. 4) 3) Each Commission may promulgate its own procedural rules (Sec. 6) 4) Fiscal autonomy (Sec. 5) 5) Salaries may not be diminished during their office (Sec. 3) 6) Commissioners have a fixed term 7) Commissioners are removable by impeachment only.

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; and 4) 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 subjectto the same qualifications.

Section 3. SALARIES Salaries 1) 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. 66


4) Increases take effect IMMEDIATELY.

Section 6. RULES OF PROCEDURE Procedures: 1) Rules: The Commissions may promulgate its own rules EN BANC. 3) Limitation: It shall not: a) Diminish, b) Increase, or c) Modify substantive rights. 3) Power of SC a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove rules of "special courts and quasi-judicial bodies." b). In proceedings before the Commissions, the rules of the Commission prevail. c). In proceedings before a court, the Rules of Court prevail. d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW

Section 7. DECISION MAKING/APPEAL Decision-Making: 1) Each commission shall decide matter or cases by a majority vote of all the members within 60 days from submission. 

COMELEC may sit en banc or in 2 divisions.



Election cases, including pre-proclamation controversies are decidedin division, with motions for reconsideration filed to the COMELECen 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.

67


THE CIVIL SERVICE COMMISSION Section 1. COMPOSITION/QUALIFICATIONS/TERM Composition: 1) Chairman 2) 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; and 4) 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) 7 years (except for the 1st appointees where the Chairman has 7 years, 1 Commissioner has 5 years while another has 3 years) 2) Limitation:

single term only, no reappointment

3) Appointment to

vaca ncy:

only for unexpired term of predecessor

4) 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 srcinal charters. 1."With Orig inal Charter" law/by Congress

means that the GOCC was created by special

2. 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.

68


Appointments to civil service shall be: A. Comp etitive position s 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 positions 1). No need for competitive examinations. 2). 3 kinds a) Policy-determining b) Primarily confid

c) Highly technical

-

formulate a method of action for the gov't

entia l- more

than ordinary confidence; close intimacy insures freedom of intercourse without betrayals of personal trust...

-

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 m ay be appointed: 1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular position may be appointed therein. 2). The CSC cannot disapprove an appointment just because another person is better qualified, as long as the appointee is himself qualified. 3). The CSC CANNOT add qualifications other than those provided by law. F. Next-In- Rank Rule While a person next in rank is entitled to preferential consideration, it does not follow that only he, and no one else, can be appointed. Such person has no vested right to the position and the appointing authority is not bound to appoint the person next in rank. Tenure (Classification of Positions) Career Service 1. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications. 2. Entitled to security of tenure

Non-Career Service 1. Entrance on bases OTHER than usual tests of merit and fitness.

2. Tenure limited to: a) Period specified by law, b) Coterminous with the appointing authority or subject to his pleasure, or c) Limited to the duration of a particular project for which purpose the employment was made.

3. With opportunity for advancement to higher career positions. 69


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, and b). must be substantial (directly affects the rights & interests of the public) 3) Security of tenure

for Non-comp

etitive position s

a). 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 office c). 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 Office To be valid,

abolition m

ust be m ade:

(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 cause 2). If they are separated, this is considered an expiration of his term . 3). BUT: They can only be removed bythe 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 activity 1) 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 secretaries

70


Right to organize The right to organize does NOT include the right to strike

Sections 6-7. DISQUALIFICATIONS Disqualifications 1) Losing candidates in any e

lection

a). 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 officials a). Not eligible for appointment or designation in 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 as a Cabinet member A 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 office d). Even Congress cannot, by law, authorize the appointment of an elective official. 3). App ointive officia

ls

a). Cannot hold any other office or employment in the government, any subdivision, agency, instrumentality, including GOCC's and their subsidiaries. b). EXCEPTION: his position.

Unless otherwise allowed by law,or by the primary functions of

c). This exception DOES NOT APPLY to Cabinet members, and those officers mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions contained therein. Section 8. COMPENSATION 1) Prohibitions:

applies to elected or appointed officers and employees

Cannot receive :

A. Additional B. Double-

an extra reward given for the same office i.e. bonus when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer

C. Indirect Compensation 2) EXCEPTION: Unless specifically authorized by law 71


A. "SPECIFICALLY AUTHORIZED" means a specific authority particularly directed to the officer or employee concerned. B. BUT: per diems and allowances given as REIMBURSEMENT for expenses actually incurred are not prohibited 3) Cannot accept any present, emolument, office, title of any kind from foreign governments UNLESS with the consent of Congress. 4) Pensions and gratuities are NOT considered as additional, double, or indirect compensation.

THE COMMISSION ON ELECTIONS Section 1. COMPOSITION/QUALIFICATIONS/TERM Composition: (7) 1)Chairman and 2)Commissioners (6) Qualifications: 1) Natural-born citizens of the Philippines; 2) At least 35 years old at the time of appointment 3) Holders of college degrees; and 4) Not candidates for any elective position in the immediately preceding elections. 5) Majority of the Commission, including the Chairman must be: a). Members of the Philippines Bar b). Engaged in the practice of law for at least 10 years: “any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.” 6) Appointments subject to CA approval

Term: 1) 7 years (1st appointed: Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs) 2) LIMITATION:

Single term only: no reappointment allowed

3) App ointm ent to a vacancy:

only for unexpired portion of predecessor‟s term

4) No temporary appointments, or appointments in acting capacity a). Thus, the President cannot designate an incumbent commissioner as acting Chairman. b). The choice of temporary chairman falls under the COMELEC‟s discretion.

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Section 2. POWERS AND FUNCTIONS Powers: 1) Enforce and adminis

ter all la ws and regulations relative election , plebis cite, initiative, referendu m, and recall.

to the cond

uct of an

(a) Ex: COMELEC can enjoin construction of public works within 45 days of an election. 4) Exercise:

A. Exclusive srcinal jurisdiction over all contests relating to the elections, returns, and qualifications of all elective 1. Regional, 2. Provincial, and 3. City officials B. Appellate jurisdiction over all contests involving: 1. Elective municipal officials decided by trial courts of general jurisdiction 2. Elective barangay officials decided by trial courts of limited jurisdiction. C. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. Exception: Appealable to the SC on questions of law. D. Contempt

pow ers

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 quasijudicial/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. Questions involving the right to vote fall within the jurisdiction of the ordinary courts. Note:

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.

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5) Registration of political parties, organizations, or coal itions/accreditation of citizens‟ arms of the Commission on Elections. a). The political parties etc. must present their platform or program of government. b). There should be sufficient publication c). Groups w hich cannot be registe

red:

i. Religious denominations/sects ii. Groups which seek to achieve their goals through violence or unlawful means iii. Groups which refuse to uphold and adhere to the Constitution iv. Groups which are supported by any foreign government. d). BUT: Political parties with religious affiliation or which derive their principles from religious beliefs are registerable. e). Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs. If accepted, it is an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law. 6) File, upon a verified complaint, or on its own initiative, petitions incourt 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. A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. B. COMELEC can deputize prosecutors for this purpose. The actions of the prosecutors are the actions of the COMELEC C. Preliminary investigation conducted by COMELEC is valid. 7) 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. 8) 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 of, or disobedience to its directive, order, or decision. 9) Submit to the President and the congress a comprehensive report onthe conduct of each election, plebiscite, initiative, referendum, or recall.

Section 3. RULES OF PROCEDURE/DECISION-MAKING Rules of Procedure 1) COMELEC can sit en banc or in two divisions

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2) It has the power to promulgate its own rules of procedure in order to ex pedite disposition of election cases, including pre-election controversies. Decision-Making 1) Election cases should be heard and decided in division. Provided that, 2) Motions for reconsideration of decisions should be decided by COMELEC en banc. 3) ”Decisions” mean resolutions on substantiveissues. 5) If a division dismisses a case for failure of counsel to appear, the Motion for Reconsideration here may be heard by the division. 6) 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 FRANCHISES/ PERMITS / GRANTS / SPECIAL PRIVILEGES / CONCESSIONS Regulation of franchises A. What can COMELEC supervise or

regulate

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

rcise this p

ower

1). During the election period a). Under Article XI, Section 9,the election period commences 90 days before the day of the election and ends 30 days thereafter. b). In special cases, COMELEC can fix a period.

2). Applies not just to elections but also to plebiscites and referenda. 3). Plebiscite: Submission of constitutional amendments or important legislative measures to the people for ratification 4). Referendum: power of the electorate to approve or reject legislation through an election called for that purpose. COMELEC and the MEDIA 1). COMELEC cannot compel print media todonate 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.

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Section 5. No par don, amnesty, parol e, or suspension of sentence for viol ati on of electi on laws, rules, and regulations shall be granted by the President without the favorable r ecommendati on of th e Commi ssion.

Section 6 Definition of Political Party organized group of persons pursuing the same political ideals in a government and includes its branches, and divisions Importance of registration of a political party 1) Registration confers juridical personality on the party. 2) It informs the public of the party's existence andideals. 3) It identifies the party and its officers for purposes of regulation by the COMELEC.

Section 7. No votes cast i n f avor of a poli tical par ty, organiza ti on, or coalit ion shall be vali d, except f or t hose r egistered un der the party-l ist system as pr ovided in th is Consti tut i on .

Prohibition on block-voting 1) General rule: Block voting NOT allowed 2) EXCEPTION: those registered under the party-list system

Section 8. PARTY LIST SYSTEM No Right to be Represented in Various Boards Political parties, organizations, or coalitions registered under the party-list system shall NOT be represented in the following: 1). Voters‟ registrations boards, 2). Boards of election inspectors, 3). Boards of canvassers, or 4). Other similar bodies. Poll Watchers Political parties, etc. are entitled to appoint poll watchers in accordance with law.

Section 10. Bona f ide candidate s for any publi c off ice shall be fr ee fr om any form of harassment and disc ri mi nation.

This section does not give candidates immunity from suit. Discrimination includes unequal treatment in the availment of media facilities. Section 11. FUNDING How provided 1) Funds certified by the COMELEC as necessary to defray the expenses for holding regular and special elections, plebiscites, initiative, referenda and recalls, shall provided in the regular or special appropriations.

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2) Funds should be certified by the COMELEC as necessary. Release of funds Once approved, funds should be released automatically upon certification by the Chairman of COMELEC.

THE COMMISSION ON AUDIT Section 1. COMPOSITION/QUALIFICATIONS Composition: 1) Chairman, and 2) Commissioners (2). Qualifications: 1) Natural-born citizens of the Philippines 2) At least 35 years old at the time of their appointment; 3) Either: a). CPA‟s with at least 10years auditing experience; or b). Members of Phil. Bar with 10 years of practice. 4) Members cannot all belong to the same profession. 5) Subject to confirmation of the CA. 6) Must not have been candidates for any elective position in the elections immediately preceding their appointment. Term: 1) 7 years (1st appointees) Chairman-7yrs; Commissioner1-5yrs; Commissioner2-3 yrs) 2) LIMITATION:

- Single terms only; no re-appointment allowed

3) Appointments to any vacancy shall only be for the unexpired portion of predecessor‟s term

Section 2. POWERS 1) Examine, audit, and settle

accounts pertaining to:

A. Revenue and receipts of funds or property; or B. Expenditures and uses of funds or property Owned or held in trust by, or pertain to: A. The Government; B. Any of its subdivisions, agencies or instrumentalities; C. Including GOCC‟s with srcinal charters. 77

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo 2) Conduct post-audit

with respect

to the followin g:

A. Constitutional bodies, commissions, and offices granted fiscal autonomy; B. Autonomous state colleges and universities; C. GOCC‟s and their subsidiaries incorporated under the Corporation Code. D. Non-governmental entities receiving subsidies orequity, 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 . A.

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

B.

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

Note: 1) The functio ns of COA can be classified

as:

A. Examine and audit all forms of government revenues; B. Examine and audit all forms of gov‟t expenditures C. Settle gov‟t accounts D. Promulgate accounting and auditingrules (including those for the prevention of irregular…expenditures). E. To decide administrative casesinvolving expenditures of public funds. 2) COA can settle only LIQUIDATED ACCOUNTS or those accounts whichmay be adjusted simply by arithmetic process. 3) COA has authority not just over accountable officers but alsoover 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 undetermineddebt. 5) Where the following requirements are com plied with, it b ecomes the ministerial duty of the COA to approve and pass in audit vouchers for payment:

A. There is a law appropriating funds for a particular purpose; B. There is a contract, made by the proper officer, entered into inconformity with the above-mentioned law; 78


C. 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 D. Payment has been authorized by officials of thecorresponding department or bureau. 6) Prosecutors may still review accounts already settled andapproved 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 l aw shal l be passed exemptin g any enti ty of t he Gover nment or it s subsidiar y in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Au dit.

ARTICLE X: LOCAL GOVERNMENT Section 1. TERRITORIAL/POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: Composition: 1) Provinces 2) Cities; 3) Municipalities; and 4) Barangays There shall be Autonomous regions in: 1) Muslim Mindanao, and 2) Cordilleras [At present,it is only the Cordillera ADMINISTRATIVE region] Note :

1) A third autonomous region would require a constitutional amendment. 2) These political subdivisions, created by the Constitution can be replaced by AMENDMENT, and not by law. 3) While Congress can abolish or eradicate individual units, it cannot abolish an entire class of LGUs

Section 2. Local Autonomy 1) All political subdivisions shall enjoy local autonomy 2) This does not mean that the LGUs are completely free from the central government. A. Judiciary may still pass on LGU actions B. President may exercise disciplinary power over LGU officials.

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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 decentr ali zation with ef fective mechanisms of r ecall , i ni tiati ve, and r ef er endum , all ocate among the dif fer ent l ocal gover nment un it s their power s, responsibil iti es, and resour ces, and provi de f or th e quali fications, election , appoin tment and remova l, term, salar ies, power s and fu nctions and dutie s of l ocal of f ici als, and all other matters r elati ng to the organiza ti on and oper ation of the loca l uni ts.

Section 4. PRESIDENTIAL SUPERVISIONOF LGUS Supervision of President 1) The President exercisesgeneral supervision over all LGUs 2) The President exercisesDI RECT supervision

over

A. Provinces B. Autonomous regions and C. 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 Power 1) It is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples. 2) The guidelines set by Congress should be consistent with the basic policy of local autonomy. Accrual of taxes, fees, charges The taxes, fees and charges shall accrue exclusively to the local governments. Section 6. LGUs SHALL HAVE A JUST SHARE IN NATIONAL TAXES, AS DETERMINED BY LAW, WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM Internal Revenue Allotment (IRA) 1) Share of LGUs in national taxes is limited to the internal revenue taxes.

80


2) The share of each LGU should be released, without need of any further action, directly to the provincial, city, municipal or barangaytreasurer. 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 itsannual budget at least 20% of its annual IRA for development projects. 5) Adjus tments in IR A

A. Ground:

Unmanageable public section deficit

B. President can make the necessary adjustments inthe 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 thenext. (Alvarez v. Guingona)

Section 7. SHARE OF LGUS IN NATIONAL WEALTH Share of LGUs in national wealth 1) 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 sharing thesame with the inhabitants by way of direct benefits. Under the LGC 1) LGUs have a share of 40% of the gross collection derived by the national government from the preceding fiscal year from A. B. C. D. E.

Mining taxes Royalties Forestry and fishery charges Other taxes, fees and charges 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 Office Elective local officials, now including barangay officials have a term of 3 years. Limitations: 1) No elective official shall serve for more than 3 consecutive terms 2) Voluntary renunciation of office for anylength of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

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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 sector 2) The workers 3) Third sector (can choose from any of the following) A) Urban poor B) Indigenous cultural communities C) Disabled persons D) Any other sector as may be determined by the sanggunian

Election of Sector Representatives SEC. 10. Creation, abolition and division of LGU’s 1) Requisites

A. Compliance with the requirements of the Local Government Code; and B. 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 subdivisions Creation: 1) Congress may create special metropolitan political subdivisions by law. 2) It is subject to a plebiscite Jurisdiction of Metropolitan authority It is limited to basic services requiring coordination. Basic Autonomy of Component Cities and Municipalities 1) The component cities and municipalities retain their basic autonomy 2) They shall be entitled to their own local executive and legislative assemblies.

SEC. 12. CITIES Classification of Cities: 1) Highly urbanized (as determined by law)

82


2) Component cities (cities still under provincial control); and 3) Independent componentcities (non-highly urbanizedcities whose voters are prohibited by the city charter from voting in provincial elections) Independence from the Province 1) Highly urbanized cities and independent component citiesare 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 LGUS Consolidation and Coordination of Efforts, Services and Resources 1) 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 inaccordance 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:

A. Contribute funds, real estate, equipment and other kinds of property B. Appoint/assign personnel under suchterms and conditions as may be agreed upon by the participating LGUs through Memoranda of Agreement.

Section 14. REGIONAL DEVELOPMENT COUNCILS Who can provide for RDC The President shall provide for RDC or other similar bodies composed of: Composition 1) Local government officials 2) Regional heads of departments and other government offices 3) Representatives of NGOS within the regions For Purpose of 1) Administrative decentralization 2) To strengthen local autonomy 3) To accelerate the economic and social growth and development of the units in the region

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Section 15. AUTONOMOUS REGIONS Where: 1) Muslim Mindanao 2) Cordillera region Factors: 1) Historical heritage 2) Cultural heritage 3) Economic and social structures, 4) Other relevant characteristics within: A. The framework of the constitution B. National sovereignty C. Territorial integrity. Creation: 1) Provided by law. 2) EFFECTIVITY of such creation occurs onlywhen it is approved by a majority of the votes cast in a plebiscite held among the constituent units. 3) Only those Provinces, Cities, andGeographical Areas votingfavorably in such plebiscite shall form part of the autonomous region. 4) If only 1 province approved the law, NO AUTONOMOUS REGION is created, since the constitution requires more than one province to constitute one (like what happened in the Cordillera plebiscite) 5) The question of which LGUs shall constitute anautonomous region is one which is exclusively for Congress to decide.

Section 16. GENERAL SUPERVISION OVER AUTONOMOUS REGIONS By Whom:

The President

Purpose:

To ensure that the laws are faithfully executed.

SEC. 17. Al l power s, f unctions and r esponsibi li ties not gr anted by this Cons ti tuti on or by law to the autonomou s region shall be vested in t he Nati onal Government.

Examples:

1) Foreign relations, 2) National defense and Security 3) Monetary Affairs

Section 20. LEGISLATIVE POWERS The Organic Act of Autonomous Region shall provide for legislative powers over: 1) Administrative organization;

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2) Creation of sources of revenues; 3) Ancestral domain and natural resources 4) Personal, family and property relations 5) Regional, urban, and rural planning development; 6) Economic, social, and tourism development; 7) Educational policies; 8) Preservation and development of the cultural heritage; and 9) Such other matters asmay 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 laws 2) To be exercised within its territorial jurisdiction

Section 21. PRESERVATION OF PEACE AND ORDER/DEFENSE AND SECURITY Peace and Order It shall be the responsibility of the local police agencies. Defense and Security It shall be the responsibility of the national government.

ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST Publ ic off icers and employees must at all ti mes be account able to th e people, ser ve th em wi th utmost r esponsibi li ty, in tegri ty, loyalty and eff ici ency, act wi th patri otism and j ustice and l ead modest lives.

Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: President VP SC Justices Constitutional Commission members Ombudsman

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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. 3. These officers cannot be charged in court with offenses that have removal from office as penalty. 4. A SC Justice cannot be disbarred because this would disqualify him from his position. 5. BUT AFTER an official has been impeached, he can be charged with the appropriate offense. 6. Resignation by an impeachable official does not place himbeyond the reach of impeachment proceedings; he can still be impeached. All Other Public Officers and Employees 1. They may be removed from office asprovided by law 2. BUT: NOT by impeachment

Section 3: PROCEDURE FOR IMPEACHMENT Exclusive Power of House of Representatives The House of Representatives has exclusive power to INITIATE all cases of impeachment. Procedure: 1. Filling of verified complaint a. Can be filed by: 1.

Any member of the House of Representatives or

2.

Any citizen upon a resolution of endorsement by any Member of the House or

3.

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

2.)

Inclusion of complaint in the order of business with 10 session days

3.)

Referral to proper Committee within 3 session days thereafter

4.)

Submission of Committee report to the House together with corresponding resolution 86


a. There should be a hearing b. There should be a majority vote of the members c. The report should be submitted within 60 days from referral, after hearing, and by a majority vote of ALL its members. 5.)

Calendaring of resolution for consideration by the House Should be done within 10 session days from receipt thereof

6.)

Vote of at least 1/3 of all Members of the House necessary to: a. Affirm a favorable resolution with the Articles of Impeachment ofthe Committee or b. To override its contrary resolution

Note: 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 A. Senate has the sole power to try and decide all cases of impeachment B. For this purpose, the Senators shall be under oath or affirmation a. 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 Conviction

This requires the concurrence of 2/3 of all the Members of the Senate 9.)

Effect of the Impeachment a. Removal from office of the official concerned b. Disqualification to hold any office under the Republic of the Philippines c. Officer still liable to prosecution, trial, and punishment if the impeachable offense committed also constitutes a felony or crime.

Section 4: SANDIGANBAYAN Sandiganbayan = the anti-graft court

Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN Composition: 1.)

Ombudsman/Tanodbayan

2.)

Overall deputy

3.)

At least one Deputy each for Luzon, Visayas and Mindanao

4.)

Deputy for military establishment may be appointed

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Qualifications: (Ombudsman and his deputies) 1.)

Natural born citizen of the Philippines

2.)

At least 40 years old at time of appointment

3.)

Of recognized probity and independence

4.)

Member of the Philippine bar

5.) 6.)

Must not have been candidate for any elective office in the immediately preceding election For Ombudsman: He must have been for ten years or more a. A judge or b. Engage in the practice of law in the Philippines

Disqualifications/Prohibitions (under Article IX, Section 2) 1.) Cannot hold any other office or employment during his tenure 2.) Cannot engage in the practice of any profession or in the active management or control of any business which may be affected by the functions of his office 3.) Cannot be financially interested, directly or indirectly, in any contract with or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCCs or their subsidiaries Appointment 1. Of Ombudsman and deputies a. 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 b. Appointments do NOT require confirmation c. All vacancies shall be filled within 3 months after they occur. 2. Of other officials and employees of the Office of the Ombudsman d. By the Ombudsman e. In accordance with Civil Service Law Term: (Ombudsman and deputies) 1. 7 years with reappointment 2. They are NOT qualified to run for any office in the election immediately succeeding their cessation from office Rank/Salaries: 1. The Ombudsman has the rank of Chairman of a Constitutional Commission 2. The Members have the rank of members of a Constitutional Commission 3. Their salaries cannot bedecreased during theirterm of office.

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Powers, Functions and Duties of the Office of the Ombudsman 1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient. a. The SC held that the power to investigate and prosecute cases involving public officers and employees has been transferred to the Ombudsman. b. The Ombudsman may always delegate his power to investigate. c. The power to investigate includes the power to impose preventive suspension. d. This preventive suspension is not a penalty. e. “INVESTIGATE” does not mean preliminary investigation. f.

The complaint need not be drawn up in the usual form.

g. The “ILLEGAL” act or omission need not be in connection with the duties of the public officer or employee concerned. h. 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 srcinal 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. a. The Ombudsman has PERSUASIVE POWER, and may require that proper legal steps are taken by the officers concerned. b. The public official or employee must be employed in: (I).

The Government

(II).

Any subdivision, agency, or instrumentality thereof; or

(III).

GOCC‟s with srcinal charters

c. 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. a. The Ombudsman does NOT himself prosecute cases against public officers or employees. b. Final say to prosecute still rests in the executive department. c. 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 89


transactions entered into by his office involving the disbursement or use of public funds of properties, and report any irregularity to COA for appropriate action. 5.) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents. 6.) Public matters covered by its investigation when circumstances so warrant and with due process 7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption in the government and make recommendations for their elimination and the observance of high standards of ethics and efficiency 8.) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law Note : The Office of the Ombudsman also has the duty to act promptly on complaints

filed in any form or manner against public officials or employees of the government, or any subdivision, agency or instrumentality including GOCCsand their subsidiaries. In appropriate cases, it should notify the complainants of the action taken and the result thereof. Fiscal Autonomy: The Office of the Ombudsman enjoys fiscal autonomy. appropriations should be automatically and regularly released.

Its approved annual

Section 7: OFFICE OF THE SPECIAL PROCECUTOR 1. Under the 1987 Constitution, the existingTanodbayan Special Prosecutor

became the Office of the

2. Powers a. It will continue to function and exercise its powers as now or hereafter may be provided by law b. Exception:

Powers conferred on the Office of the Ombudsman

3. The Office of the Special Prosecutor is subordinate to and acts under the orders of the Ombudsman Note : According to Jack, the SC was wrong because the ConCom intended that the SP

was to prosecute anti-graft cases.

Section 15: RECOVERY OF ILL-GOTTEN WEALTH Prescription, Laches, Estoppel 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. Their right to prosecute criminally these officials and employees may prescribe.

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Section 16: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS Coverage: This prohibition applies to:

1.) 2.) 3.) 4.) 5.)

President Vice-President Members of the Cabinet Members of Congress Members of Supreme Court

6.) 7.) 8.)

Members of Constitutional Commissions Ombudsman 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: a. Loans b. Guarantees c. Other forms of financial accommodation From: 1. Government owned or controlled banks; or 2. Government owned or controlled financial institutions.

2.)

If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition does not apply.

Section 17: Statements of assets, liabilities and net worth When submitted: Public officer and employee shall submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as required under the law. When declaration shall be disclosed to the public: These declarations shall be disclosed to the public in a manner provided by law in the case of: 1.) President 2.) Vice-President 3.) Members of the Cabinet 4.) Members of Congress 5.) Justices of the Supreme Court 6.) Members of Constitutional Commissions 7.) Other constitutional offices 8.) 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 91


Change in Citizenship/Immigrant Status 1.)

Incumbent public officers and employees who seek either: a. Change his citizenship; or b. Acquire immigrant status in another country Shall be dealt with by law.

2.)

If Philippine citizenship is one of the qualifications to the office, the loss of such citizenship means the loss of the office by the incumbent.

3.)

The Election Code provides the rules with respect to non-incumbents, i.e. persons running for elective offices. a. The Code provides that permanent residents of or immigrant to a foreign country cannot file certificates of candidacyunless 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, incomeand wealth; 2. Sustained increase in the amountof goods and services produced by the nation for the benefit of the people; and 3. Expanding productivity, as the keyto raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through industries thatmake full and efficient use ofhuman and natural resources. Industries should also becompetitive in both domestic and foreign markets. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Role of Private Enterprises Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

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Section 2. REGALIAN DOCTRINE Distinction between Imperium and Dominium 1. Imperium Government authority possessed by the State which is appropriately embraced in sovereignty. 2. Dominium a. The capacity of the State to own and acquire property. b. 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 own

ed by the State

:

1. Lands of the public domain: Waters Minerals, coals, petroleum, and other mineral oils; All sources of potential energy; Fisheries; Forests or timber; Wildlife; Flora and fauna; and Other natural resources. Alienation of Natural Resources 1. General Rule: All natural resources CANNOT be alienated 2. Exception:

Agricultural lands

Exploration, Development and Utilization of Natural Resources 1. Shall be under the full control and supervision of the State 2. Means A. The state may DIRECTLY UNDERTAKE such activities B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with 1. Filipino citizen or 2. Corporation or association at least 60% of whose capital is owned by such citizens 3. Limitations: A. Period:

It should not exceed 25years, renewable for not more than 25years

B. 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 power The beneficial use may be the measure and limit of the grant. 93


Small-scale Utilization of Natural Resources 1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens 2. 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 Oils 1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law. 2. They should be based on the real contributions to economic growth and general welfare of the country. 3.

In the agreements, the State should promote the development and use of local scientific and technical resources.

4. The President should notify Congress ofevery contract under this provision within 30 days from its execution. 5. Management and service contracts are notallowed under this rule. Protection of Marine Wealth 1. The State shall protect its marine wealth in its Archipelagic waters Territorial sea & EEZ 2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO 1. Agricultural 2. Forest/timber 3. Mineral lands & 4. National Parks Note:

1. Reclassification of public (mineral and agricultural) lands is an exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. But as to forest and national parks, it is the Congress which has the sole power to reclassify.

94


2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Alienable lands of public domain 1. Only agricultural lands are alienable. 2. Agricultural lands may be further classified by law according to the uses to which they may be devoted. Limitations regarding Alienable Lands of the Public Domain 1. For private

corpo rations or associations

A. They can only hold alienable lands of the public domain BY LEASE B. Period:

Cannot exceed 25 years, renewable for notmore than 25 years

C. Area: Lease cannot exceed 1,000 hectares A corporation sole is treated like other private corporations for the purpose of acquiring public lands. Note:

2. For Filipino citizens A. Can lease up to 500 hectares B. Can ACQUIRE not more than 12 hectares by purchase, homestead orgrant 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 leased and the conditions therefore. Means by Which Lands of the Public Domain Become Private Land 1. Acquired from government by purchase or grant; 2.

Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and

3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction. B. Possession since time immemorial leads tothe presumption that the land was never part of public domain. C. In computing 30 years, startfrom when land was converted to alienable land, not when it was still forest land D. Presumption is always that landbelongs to the State.

95


Section 4. Congr ess shal l, as soon as possible, determi ne by law, t he specif ic li mi ts of f orest lands and national par ks, marki ng clearl y their boundar ies on the groun d. Thereaft er , such for est l ands and nati onal par ks shal l be conser ved and may not be incr eased or di mi ni shed, EX CEPT by law. Congress shall provide measur es to prohi bit l ogging i n a. En danger ed for est and b. Water shed ar eas for such peri od as it may determi ne.

Section 5. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. The State protects the rights of indigenous cultural communities to their ancestral lands A. Subject to Constitutional provisions B. Subject to national development policiesand programs 2.

In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations.

3. “ANCESTRAL DOMAIN” A. It refers to lands which are considered as pertaining to a cultural region B. This includes lands not yetoccupied, such as deepforests. Section 7. PRIVATE LANDS General rule Private lands CAN only

be transferred or conveyed to:

A. Filipino citizens B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens Exceptions A. In intestate succession, where an alien heir of a Filipino is the transferee of private land. B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. C. Foreign states may acquire land but only for embassy and staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired . Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership . Therefore: A. Aliens may be lessees or usufructuaries of private lands

96


B. Aliens may be mortgagees of land, aslong 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 cannotacquire and own land, even for religious purposes. Remedies to recover private lands from disqualified aliens: 1. Escheat proceedings 2. Action for reversion underthe Public Land Act 3. An action by the former Filipino owner torecover the land A. The former in pari delicto principle has been abandoned B. Alien still has the title (didn‟t pass it on toone who is qualified)

Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS Power of Congress 1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates. 2. Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. National Economy and Patrimony In the grant of rights, privileges and concessions covering the national economy and patrimony, the State shall give preference to QUALIFIED Filipinos.

Section 11. FRANCHISES FOR PUBLIC UTILITIES Power to grant: 1. Congress may directly grant a legislative franchise; or 2. Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU‟s Public utility 1. In order to be considered as a public utility, and thus subject tothis 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 or 2. Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens. 97


Terms and conditions: 1. Duration:

Not more than 50 years

2. Franchise is NOT exclusive in character 3. Franchise is granted under thecondition that it is subject toamendment, alteration, or repeal by Congress when the common good so requires. Participation of Foreign Investors 1. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital. 2. Foreigners cannot be appointed as the executive and managing officers because these positions are reserved for Filipino citizens.

Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS 1. Private corpo rations Congress can only provide for the formation, etc of private corporations through a general law. 2. GOCC‟s They may be created by: a. Special charters in the interest of the common good and subject to the test of economic viability. b. By incorporation under the general corporation law.

Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT 1. Temporary takeover or direction of operations: A. Conditions i. National emergency and ii. When the public interest requires B. May be used against privately owned public utilities or businesses affected with public interest. C. Duration of the takeover: period of emergency D. Takeover is subject to reasonable terms and conditions E. No need for just compensation because it isonly temporary. 2. Nationali za tion o f vital indu

stries:

A. Exercised in the interest of national welfare or defense B. Involves either: i. Establishment and operation of vital industries; or

98


ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government.

Section 19. MONOPOLIES 1. The Constitution does NOT prohibit the existence of monopolies. 2. The State may either regulate or prohibit monopolies, when public interest so requires. 3. Combinations in restraint oftrade or unfair competition are prohibited. Filipino citizenship or equity requirements: ACTIVITY REQUIREMENTS Exploitation of n

atural re sour ces

CITIZENSHIP AND/OR EQUITY 1. Filipino citizens; or 2. Corporations incorporated in RP, with 60% Filipino ownership

Operation of Public

Utilitie s

1. Filipino citizens; or 2. Corporations incorporated in RP, with 60% Filipino ownership

Acqu isition of alienable the public dom ai n

lands of

1. Filipino citizens; 2. Corporations incorporated in RP, with 60% Filipino ownership; 3. Former natural-born citizens of RP, as transferees, with certain legal restrictions; and 4.

Practice of ALL Professions

Alien heirs as transferees in case of intestate succession.

Filipino citizens only (natural persons) *Congress may, by law, otherwise prescribe

Mass Media

1. Filipino citizens; or 2. Corporations incorporated in RP, and 100% Filipino owned

Advertising

1. Filipino citizens; or 2. Corporations incorporated in RP, and 70% Filipino owned.

Educational institution

1. Filipino citizens; or 2. Corporations incorporated in RP, with 60% Filipino ownership 99


Schools established by religious groups and mission boards.

EXCEPT:

*Congress may, by law, increase Filipino equity requirements for ALL educational institutions. Other econom

Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment

ic activities

areas.

ARTICLE XIII – SOCIAL JUSTICE AND HUMAN RIGHTS Social Justice 1) Social justice in the Constitution is principally the embodiment of theprinciple that those who have less in life should have more in law. 2) The 1987 Constitution advances beyondwhat was in previous Constitutions inthat it seeks not only economic social justice but also political social justice. Principal activities in order to

achieve social justice

1) Creation of more economic opportunities and more wealth; and 2) Closer regulation of the acquisition, ownership, use and disposition of property in order to achieve a more equitable distribution of wealth and political power.

Labor Section 3 of Article XIII elaborates on the provision in Article II by specifying who are protected by the Constitution, what rights are guaranteed, and what positive measures the state should take in order to enhance the welfare of labor. Right to or ganize and to hold

peace ful con certe d activities

The right to organize is given to all kinds of workers BOTH in the PRIVATE and PUBLIC sectors. The workers have a right to hold peaceful concerted activities except the right to strike, which is subject to limitation by law. Right to participate

in the decision making process of emp

loyers

The workers have the right to participate on matters affecting their rights and benefits, “as may be provided by law”. This participation can be through 1) collective bargaining agreements, 2) grievance machineries, 3) voluntary modes of settling disputes, and 4) conciliation proceedingsmediated by government.

100


Agrarian Reform Goals: Agrarian reform must aim at 1) efficient production, 2) a more equitable distribution of land which recognizes theright of farmers and regular farmworkers who are landless to own the land they till, and 3) a just share of other or seasonal farmworkers in thefruits of the land. CARL as an exercise of police power and power of eminent domain To the extent that the law prescribes retention limits for landowners, there is an exercise of police power. But where it becomes necessary to deprive owners of their land in excess of the maximum allowed, there is compensable taking and therefore the exercise of eminent domain. Reach of agrarian reform It extends not only to private agricultural lands, but also to “other natural resources,” even including the use and enjoyment of “communal marine and fishing resources” and “offshore fishing grounds”.

The Commission on Human Rights Composition: 1) Chairman; and 2) 4 members Qualifications: 1) Natural-born citizens of the Philippines; 2) Majority of the Commission must be members of the Philippine Bar; 3) Term of office, other qualifications anddisabilities shall be providedby law; 4) The appointment of the CHR members is NOT subject to CA confirmation; and 5) The CHR is not of the same level as the COMELEC, CSC, or COA. Powers: 1) Investigate all forms of human rights violations involving civil or political rights A. Violations may be committed by public officers or by civilians or rebels. B. CHR cannot investigate violations of social rights. C. CHR has NO adjudicatory powers over cases involving human rights violations. D. They cannot investigate cases where no rights are violated. E. Example: There is no right to occupy government land, i.e. squat thereon. Therefore, eviction therefrom is NOT a human rights violation. 2) Adopt operational guidelines and rules of procedure.

101


3) Cite for contempt forviolations of its rules, in accordance w ith 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 overjails, 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 promotehuman rights and to provide compensation to victims of human rights violations or their families. 8) Monitor compliance by the government with international treaty obligations onhuman 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 inaccordance with law. 12) Perform such other functions and duties asmay be provided for by law.

ARTICLE XIV - EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE, AND SPORTS Education Goals of the State: The State shall promote and protect: 1) The right to quality education at all levels; 2) The right to affordable and accessible education; and 3) Education that is relevant to the needs of people and society. Right to Education and Academic Freedom The right to education must be read in conjunction with the academic freedom of schools to require “fair, reasonable, and equitable admission requirements.”

102


Power to Dismiss Students 1) Schools have the power to dismiss students, after due process, for disciplinary reasons. 2) Acts committed outside the school may also be a ground for disciplinary action if: a) It involves violations of school policies connected to school-sponsored activities; or b) The misconduct affects the student‟s status, or the good name or reputation of the school. Regulation of Right to Education The right to education in particular fields may be regulated by the State in the exercise of its police power,e.g. the State may limit the right to enter medical school by requiring the applicants to take the NMAT. Free Education 1) The State shall maintain a system of free education in: a) Elementary level, and b) High school level. 2) Elementary education is compulsory for all children of school age. However, this is a moral rather than a legal compulsion. Educational Institutions I. Filipinization A. Ownership: 1). Filipino citizens, or 2). Corporations incorporated in RP and 60% Filipino-owned. EXCEPT: Schools established by religious groups and mission boards.

3). Congress may increase Filipino equity requirements in ALL educational institutions. B. Control and A

dministrati

on:

1). Must be vested in Filipino citizens 2). Refers to line positions, such as President, Dean, Principal, and Trustees 3). Faculty members may be foreigners. C. Student Population: 1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can only comprise up to 1/3 of total enrollment. 2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their dependents, and unless otherwise provided for by law for other foreign temporary residents.

103


II. Tax E xemption s A. Non-stock, non-profit educational institutions: 1) All revenues and assets actually, directly and exclusively used for educational purposes are exempt from taxes and duties. 2) This is self-executory. B. Proprietary educational institutions, including cooperatives: 1) Entitled to exemptions as may be provided by law, including restrictions on dividends and re-investment 2) Requires an enabling statute 3) Grants, endowments, donations and contributions actually, directly and exclusively used for educational purposes are exempt from taxes, subject to conditions prescribed by law. III. Academic Freedom A. Educational I nstitutions Schools h ave the free dom t o determine:

1) Who may teach, 2) What may be taught, 3) How it shall be taught, and 4) Who may be admitted to study. B. Faculty mem bers 1) Full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. 2) Freedom in the classroom in discussing their subjects, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subjects. 3) When faculty members speak or write in their capacity as citizens, then they are free from institutional censorship or discipline. C. Students They have the right to enjoy in school the guarantees of the Bill of Rights. D. Limitations 1) Dominant police power of the State 2) Social interest of the community E. Bud getary 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 104


imperatives of national interest and for the attainment of other state policies or objectives. Religious Education in Public Schools: Religion may be ta

ught in pub

lic schools s

ubject to the following requisites:

1) Express written option by parents and guardians; 2) Taught within regular class hours; 3) Instructors are designated and approved by the proper religious authorities; and 4) WITHOUT ADDITIONAL COST TO THE GOVERNMENT.

Section 6. Language 1) National language: 2) Official Languages:

Filipino Filipino, and unless otherwise provided by law, English.

3) Regional languages are auxiliary to the official languages. 4 (Spanish and Arabic are promoted only on an optional and voluntary basis.

ARTICLE XVI - GENERAL PROVISIONS Sections 1-2. Symbols of Nationality 1) Flag Red, white, and blue. With a sun and 3 stars The design may be changed by constitutional amendment. 2) Congress m ay, by law, adopt a new: (a) Name for the country, (b) National anthem, or (c) National seal. Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.

Section 3. State Immunity Suability of State 1) The State cannot be sued without its consent. 2) When con sidered a suit against the State a). The Republic is sued by name; b). Suits against an un-incorporated government agency; c). Suit is against a government official, but is such that ultimate liability shall 105


devolve on the government i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages. ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the suit is really one against the State. 3) This rule applies not only in favor of the Philippines but also in favor of foreign states. 4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.

Consent to be sued A. Express consent: 1). The law expressly grants the authority to sue the State or any of its agencies. 2). Examples: a). A law creating a government body expressly providing that such body “may sue or be sued.” b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent. B. Implied consent: 1). The State enters into a private contract. a). The contract must be entered into by the proper officer and within the scope of his authority. b). UNLESS: The contract is merely incidental to the performance of a governmental function. 2). The State enters into an operation that is essentially a business operation . a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services) b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no express “sue or be sued” clause. 3). Suit against an incorporated government agency. a) This is because they generally conduct proprietary 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.

106


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 publicfunds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES Composition:A citizen armed force Prohibitions and disqualifications: 1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote. 2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries. The Chief of Staff: 1) Tour of duty:

Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS Definitions: 1) Amendment: an alteration of oneor a few specific provisions of theConstitution. 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. 3) 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.

107


Constituent power v. Legislative power 1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend 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, whereaslegislative 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 oflegislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.

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

ay be propose

d by:

A. Congress, acting as a constitu

ent assembly, by a 3/

4 vote of all its m

embers.



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



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

B. Constitutional Convention: 1) How a Constitutional Convention may be called a). Congress may call a ConCon by a 2/3 vote of all its members; or b). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not. 2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. In other words, it is a political question. 3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for voting 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 assembly. 5) Congress, as a constituent assembly and the ConCon have no power to 108


appropriate money for their expenses. Money may be spent from the treasury only pursuant to an appropriation madeby law. C. People‟s Initiative 1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters. 2) Every legislative district represented by at least 3% of the registered voters therein. 3) Limitation: It cannot be exercised oftener than once every 5 years. Note:

1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner the proposals are made is subject to judicial review. 2) Since these constituent assemblies owe their existence tothe 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 tothe people for ratification. Proposal of Revisions 1) By Congress, upon a vote of 3/4 of its members 2) By a constitutional convention Ratification 1) Am endments and

revisions propo

sed by Congress a

nd/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) Am endments propo

sed by the people via initiative :

Valid when ratified by a MAJORITY of votes cast in a plebiscite. a) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition's sufficiency. 3) Requisites

of a valid ratification:

a) Held in a plebiscite conducted under the election law; b) Supervised by the COMELEC; and c) Where only franchised voters (registered) voters take part. 109

P O L I T I C A L L A W ( CONSTITUTIONAL LAW REVIEWER & MEMORY AID) ATENEO CENTRAL B AR OPERATIONS2002 Carrie Bee, Aldrich, She, Cayo 4) Issues regarding

ratifica tion:

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 madeby 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 agreements 1) Renewals of military bases agreementsmust 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 onlyAMERICAN forces.

110

Political Law} Consti} Memory Aid} Made 2002} by Ateneo} 110 Pages

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