1 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m Elements of State 1. People 2. Territory 3. Government 4. Sovereignty a. Internal b. External (Independence) Constitution-body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. Constitution of the Philippines Written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among several departments or branches for their safe and useful exercise for the benefit of the people. Rule of majority a. Majority votes -to elect Senate President, Speaker of the House. -of all members of the house grant of amnesty, tax exemptions -in case of tie in the election of President or Vice President, majority members of the HOUSE. b. 2/3 -respective members suspend/expel member of either house. -all members of Congress to declare existence of war. -reconsider a bill vetoed by a President. -to call Constitutional Convention -all members of Senate to concur a treaty or international agreement. -judgment of conviction in impeachment cases. c. 3/4 -amendment to, or revision of, the Constitution may be proposed by Congress upon a vote of ¾ of all its members PREAMBLE To walk before- preambulare. The only one in the world to enshrine the word “love.” ARTICLE I NATIONAL TERRITORY Philippine Archipelago Islands, and waters embraced therein All other territories over which the Philippines has sovereignty(Spratly islands, Sabah, Malaysia or Scarborough Shoal also known as Bajo de Masinloc) or jurisdiction (Philippine Embassies) Terrestrial – Land Fluvial- Water Territorial sea, seabed, subsoil, insular shelves or submarine areas. Aerial-Air Archipelago Doctrine- waters around, between and connecting the islands of the archipelago, regardless of their breadth or dimensions, form part of the internal waters of the Philippines. Y’amiY’ami- northernmost island of the Philippines Saluag-southernmost Island of the Philippines ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES DECMOCRATIC / REPUBLICAN STATE Sovereignty resides in the people, and all government authority emanates from them. Republican Government-democratic government by representation chosen by the people at large. Indirect representation rule. CIVILIAN AUTHORITY is at all times supreme over the military. Goal of AFP: secure the sovereignty of the State, Integrity of National Territory. Prime Duty of Government Serve and protect the people. Labor-the primary and social economic force. ARTICLE III BILL OF RIGHTS 3 Inherent Powers of the State 1. Police Power 2. Eminent Domain(Power of Expropriation) 3. Taxation
2 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m Due Process-hears before it condemns, proceeds upon inquiry, renders judgment only after trial. Equal Protection of the Law- all persons subject to legislation should be treated alike under like circumstances and conditions both in privileges conferred and liabilities imposed. Probable cause to be determined personally by the JUDGE. Liberty is freedom to do right and never wrong. Privacy of Communication is inviolable Except: lawful orders of the public safety requires as prescribed by law. Effect: evidence inadmissible Right of Assembly- right on the part of the citizens to m eet peaceably for consultation in respect to public affairs Right of Petition-redress of grievances to the government Religious freedom includes non-establishment clause (basis: separation of church and State), no religious test. Religious professional worship: freedom to believe in religion and freedom to act in a ccordance with such belief. Liberty of abode-Home/Residence Right to travel is inviolable, exception: interest of national security, public safety, or public health as may be provided by law. Right of Information on matters of Public concern. Writ of habeas Data-right of privacy of every citizen against the government taking information against its citizens. Writ of Amparo-protection against enforced disappearances. Miranda rights available during custodial investigation, right to remain silent to have a competent and independent counsel preferably of his own choice. It can be waived through writing in the presence of the counsel. Bail- security required by court given as a provisional or temporary release of a person who is in the custody of the law. Bail is not impaired when the privilege of the writ of habeas corpus is suspended, not available when the charge is capital offense or reclusion perpetua. Excessive bail shall not be required. Rights of the accused: Presumption of innocence Right to be heard by himself and counsel Right to be informed of the accusation against him (arraignment) Right to speedy, impartial trial Right to meet the witness face to face Writ of habeas corpus- order issued by court of competent jurisdiction directed to the person detaining another, commanding him to produce the body of the prisoner. Only the privilege of the writ of habeas corpus may b e suspended not the writ itself . Right against self incrimination-testimonial compulsion, not mechanical or physical acts. Basis: public policy-accused might commit perjury Humanity-confession by duress Right of silence-right of the accused to remain silence Non-imprisonment by reason of political beliefs or aspirations. Involuntary servitude-is allowed only as a punishment of a crime and that the person is duly convicted. It denotes enforced compulsory service of one to another. Slavery- entire subjection of one person to the will of a nother Peonage-voluntary submission of a person (peon) to the will of another because of debt. ARTICLE IV CITIZENSHIP Methods of acquiring citizenship Involuntary method-by birth, by blood relationship, or by place of birth. Voluntary method-naturalization. Principles concerning citizenship by birth: Jus sanguinis- blood relationship (we adopt this one here in the Philippines) Jus soli/ loci- place of birth ARTICLE V SUFFRAGE At least 18 years of age One year residence in the Philippines 6 months in the place where they propose to vote immediately preceding the election No literacy, property, or substantive requirement shall be imposed. A mere privilege, a political right.
3 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m Scope of Suffrage: 1. Election-choosing of elected officials in a regular or special elections 2. Plebiscite-people expressing their vote for or against a law, e.g., cityhood 3. Referendum-submission of a law by a l egislative body to the people for their approval 4. Initiative-people directly propose law to the legislative body 5. Recall-public officer may be removed from office before expiration of his term due to lack of trust and confidence from the people. ARTICLE VI LEGISLATIVE DEPARTMENT DEPARTMENT 3 branches of government: Legislative Executive Judiciary Bicameral legislative department: Senate of the Philippines House of the Representative District Representative (Congressman of the third district of Isabela Napoleon Dy) Party List Representative (LPGMA) 24 Senators Natural born citizen At least 35 years of age on the day of the election Able to read and write Registered voter Resident of the Philippines for not less than 2 years immediately preceding the day of the election Term of office is 6 years No senator shall serve for more than 2 consecutive terms House of the Representatives Natural born citizen At least 25 years of age on the day of the election Able to read and write Registered voter in the district in which he shall be elected, except party list representatives Not less than one year preceding the day of the election Not more than 3 consecutive terms Legislative district-as far as practicable CONTIGUOUS, COMPACT, ADJACENT territory, otherwise it is gerrymandering. Election- Second Monday of May-Regular Election Special Election in case of vacancy due to death of the elected, resignation or removal from office. Freedom from arrest- all offenses punishable by not more than 6 years imprisonment while the congress is in session. Parliamentary immunity-in the congress or any committee, free speech during debates and like. Incompatible office-any member who accepts any other office or employment in government during his term fo rfeits his seat. Forbidden office-any office created or emoluments increased. Members will be tempted to create office for personal gain. No senator or HR member may appear as counsel. The congress shall convene once every year on the 4 th Monday of July for its Regular Session, President may call for Special Session. Election of the following needs majority votes: Senate President Speaker of the House of the Representative Senate Electoral Tribunal (SET)/House of the Representative Electoral (HRET) Sole judge of all contests relating to election, returns and qualifications Composition: 9 members: 3 from the Justices of the Supreme Court 6 from Senate for SET or HR for HRET- on the basis of proportional representation from political parties Senior Justice shall be the Chairman CA-Commission on Appointments President of the Senate-ex officio Chairman- no voting power except in case of tie. 12 Senators 12 HR members Basis of proportional representation from political parties May convene only when Congress is in session
4 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m
Bills originating from the HR (exclusive) Appropriations bill-appropriating of Money from the public treasury Revenue bill-raise revenue/public funds Tariff bill-customs duties Bill authorizing public debt Private bill- franchise grant Congress may not increase the appropriations recommended by the President for the operation of the Gov ernment If no general appropriations bill for the ensuing-reenacted. Rider- a provision/enactment in general appropriations bill which does not relate to some particular appropriations therein. Every bill shall embrace one subject only expressed in the title Three readings in a separate day It becomes a law when the b ill is signed by the President, he may ve to the same. Over ride by 2/3 votes of all the members of such House. President should communicate his VETO of any bill to the House where it originated within 30 days. President shall have the power to VETO appropriations, revenue, or tariff bill. Veto-I forbid, I deny, disapprove acts. Formal parts of a law: Title Preamble Enacting clause Body Effectivity clause Resolution-formal expression of opinion, will or intent by an official body Kinds: Simple Concurrent Joint Taxation: uniform/ equitable Progressive system of taxation Exemptions must be ACTUALLY, DIRECTLY & EXCLUSIVELY used TAX EXEMPTION-majority of all the members of the congress. ARTICLE VII EXECUTIVE DEPARTMENT Qualifications of both candidates for President and Vice President Natural born citizen Registered voter Able to read and write At least 40 years of age on the day of the election 10 years residency VP may be appointed cabinet member and requires no confirmation by the Commission on Appointments Term of office – 6 years President may not be eligible for reelection Presidential Electoral Tribunal- Supreme Court en banc Serious illness of the President the public shall be informed of the state o f his health Foreign relations/ AFP Chief of Staff shall also be informed Prohibitions on appointment of family members up to fourth civil degree Presidential appointments Regular -during session of the congress Ad Interim –recess of the congress Suspension of the privilege of the writ of habeas corpus not exceeding 60 days State of martial does not suspend the Constitution Pardoning power of the President: Applicable, except IMPEACHMENT
5 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m Reprieve-postponement of the execution of punishment Commutation-reduction Pardon- act of grace, executive clemency Absolute- no condition Conditional Remission of fines and forfeitures- prevents the collection of fines Amnesty-crimes committed are political in character-treason, sedition, or rebellion. Article VIII JUDICIAL DEPARTMENT 1 SUPREME COURT COMPOSITION: 1 CHIEF JUSTICE 14 ASSOCIATE JUSTICES QUALIFICATIONS: Natural born citizen 40 years of age 15 years or more judge of a lower court, or engaged in the practice of law Person of proven competence, integrity, probity, and independence In case of judge of a lower court the citizenship requirement is only CITIZEN OF THE PHILIPPINES JUDICIAL AND BAR COUNCIL - principal function of recommending appointees to the Judiciary. JBC should submit Three nominees to the President, appointment by the President needs no confirmation by the Commission of Appointment. Supervised by the Supreme Court Composition: Chief Justice: ex officio Chairman Secretary of Justice Representative of Congress as officio member (only one) A member of the Integrated Bar- 4 years Professor of law-3 years Retire member of the Supreme Court-2 years Representative of the Private Sector-1 year Clerk of Supreme Court- Secretary ex officio Retirement age of the members of the SC – 70 years or when he is incapacitated to discharge duties of their office Disposition of case, upon the submission of the last pleading: 24 months- Supreme Court 12 months-lower collegiate court- Court of Appeals 3 months-other lower courts RTC, MTC, MCTC, MTCC ARTICLE IX CONSTITUTIONAL COMMISSION Lameduck doctrine/Political lameducks- no candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government of any government-owned or controlled corporations or in any of its subsidiaries, Article IX Section 6 CSC-CIVIL SERVICE COMMISSION 1 CHAIRMAN 7 years 2 COMMISSIONERS 1st commissioner-5 years 2nd commissioner-3 years Natural born citizen At the time of appointment at least 35 years of age Constitutional classification of positions in Civil Service Competitive-needs competitive exams, based on merit and fitness Non competitive- does not competitive exam Kinds: Policy determining- example cabinet members Primarily confidential-confidence of the appointee Highly technical- skills required COMELEC-COMMISSION ON ELECTIONS 1 CHAIRMAN 7 years 6 Commissioners 3 members- 7 years
6 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m 2 members-5 years 1 members-3 years Natural born citizen At the time of appointment at least 35 years of age Holders of college degree, majority of them should be members of the Philippine BAR(abogado) with practice of law for at least 10 years. COMMISSION ON AUDIT 1 Chairman 7 years 2 Commissioners 1st member-5 years 2nd member-3 years Natural born citizen At the time of appointment at least 35 years of age A certified public accountant not less than 10 years auditing experience Member of the BAR with at least l east ten years practice of law. ARTICLE X LOCAL GOVERNMENT Political subdivision Provinces Municipalities Cities Barangays President exercises supervision over Local Governments ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS Impeachable officers President and Vice President Supreme Court Constitutional Commission OMBUDSMAN Grounds for impeachment Culpable violation of the constitution Treason Bribery (direct or indirect) Graft and corruption Other high crimes Initiated by the House of the Representative 1/3 vote of HR for the approval of the Articles of Impeachment Limitation: no impeachment complaint be initiated against the same official more than once within a period of one year Senate-sole judge If President is on trial- Chief Justice shall preside the impeachment trial and shall not vote. 2/3 votes needed for the conviction or acquittal Result of the conviction in an impeachment trial- removal from office OMBUDSMAN Natural born citizen 40 years of age Member of the Philippine BAR with ten years practice of law ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Commission of Human Rights 1 chairman 4 members Natural born citizens Majority members are lawyers ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS Free public education in elementary and high school Compulsory elementary education All educational institution shall include Constitution as part of curricula Article XIV Section 3(1) Teaching of religion- Optional, with expressed writing from parents or guardians, within regular class hours without additional cost to the government, elementary and HS. 60% citizens of the Philippines composition of educational institution
7 ordojustinianist | P h i l i p p i n e C o n s t i t u t i o n r e v i e w e r i n C S E x a m
National language-FILIPINO To be used in official communication, language of instruction in educational system Official Language-Filipino and English Spanish and Arabic-voluntary/ optional basis. Constitution shall be promulgated in FILIPINO and English ARTICLE XV FAMILY Marriage-inviolable social institution, is the foundation of the family and shall be protected by the STATE. ARTCILE XVI GENERAL PROVISIONS ARTICLE XVII AMENDMENTS AND REVISIONS AMENDMENTS- piecemeal change, specific provisions REVISIONS- re writing the whole document Congress-3/4 of all members Constitutional Convention Initiative- 12 % total number of Registered Voter 3% per Legislative District
