The 1987 Philippine Constitution

The 1987 Constitution of the Philippines

THE 1987 CONSTITUTION OF THE PHILIPPINES

Compiled by

MARI CRIS ANDEM-AZUL College of Education TIP-QC

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INTRODUCTION TO POLITICAL SCIENCE The Study of Political Science What is Political Science? • The systematic study of the state and government. The word “political” is derived from the Greek word “polis,” meaning a city or what today would be the equivalent of sovereign state; the word “science” comes from the Latin word scire, “to know.” • The science of politics, therefore, has, as its formal object, a basic knowledge and understanding of the state and of the principles and ideals which underlie its organization and activities. It is primarily concerned with the association of human beings into a “body politic,” or a political community (one organized under government and law. • As such, it deals with those relations among men and groups which are subject to control by the state, with the relations of men and groups to the state itself, and with the relations of the state to other states. 2


Scope of Political Science Political Science is a very comprehensive field. Its curriculum is almost certain to include courses in political theory, public law and public administration as well as in various more specialized subjects. Political Theory The entire body of doctrines relating to the origin, form, behavior and purposes of the state are dealt with in the study of political theory. Public Law The (a) organization of governments, (b) the limitations upon government authority, (c) the powers and duties of governmental offices and officers, and (d) the obligations of one state to another are handled in the study of public law. In the contradistinction to the rules of private law, which govern the relations among individuals, public law is so specialized that separate courses are offered in each of its subdivisions ---- constitutional law (a, b), administrative law (c), and international law. 3


Public Administration In the study of public administration, attention is focus upon the methods and techniques used in the actual management of state affairs by executive, legislative, and judicial branches of government. As the complexity of government activities grows, the traditional distinctions among the powers of these branches become even less clear-cut. Today, legislative bodies have been forced to delegate greater discretion to executive officers responsible for the conduct of government policies and powers. Thus, we find many administrative agencies exercising quasi-legislative and quasi-judicial powers, i.e. powers which are legislative and judicial in nature. Administrative Law, already referred to, also falls within the scope of any broad study of public administration. Interrelationship with other branches of learning No precise and definitive boundaries can be place around a subject as comprehensive as political science. It shares 4


many points of common interest with other social disciplines. History The bond between the political scientist and the historian is obvious in the observation that “history is past politics and politics present history.” The political scientist frequently adopts a “historical approach” and employs knowledge of the past he seeks to interpret present and probable developments in political phenomena. Economics Until late in the 19th century, political science and economics (the study of production, distribution, and conservation and consumption of wealth) were coupled under the name of political economy. Today, these fields are jointly concerned with the fact that economic conditions affect the organization, development and activities of states, which in turn modify or even prescribed economic conditions. The political scientist regularly adopts as “economic approach” when seeking to interpret such 5


matters as “public financial policies” and government regulation of business. Geography Geopolitics (a science concerned with the study of the influences of physical factors such as population pressures, sources of raw materials, geography, etc., upon domestic and foreign politics) indicates one approach which a political scientists frequently must adopt to help explain the phenomena as the early growth of democracy in Great Britain and the United States and its retarded growth in certain Continental Europe, and the rise of authoritarian governments in developing countries. Sociology and Anthropology The political scientist, the sociologist (who specializes in the study of “society as a whole”), and the anthropologist (who studies “mankind” is relation to physical, social and cultural development) are deeply concerned with he origins and nature of social control and government authority, with the abiding influences of race and culture upon society, and with the patterns of collective human behavior. 6


Psychology The political scientist as well as the psychologist promotes studies of the mental and emotional processes motivating the political behavior of individuals and groups. One of the many topics which the political scientist handles from a “psychological approach” is that of public opinion, pressure groups, and propaganda. Philosophy The concepts and doctrines of Plato, Aristotle and Locke (and other universal thinkers about the state) are important to the specialist in academic philosophy and also to the political scientist. These concepts are the underlying forces in the framing of constitutions and laws. Statistics and Logic The political theorist must possess a broad scientific background and a knowledge of the current political problems and he must employ scientific methods in gathering and evaluating data and in drawing conclusions.

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Jurisprudence It is concerned with the analysis of existing legal systems and also with the ethical, historical, sociological and psychological foundations of law. A comprehension of the nature of law (whether natural or divine law) and of the statutes enacted by legislatures is indispensable to the political theorist. Law and state are inseparable. All states claim laws, effective within their jurisdictions, and enforce them through a system of penalties or sanctions. To maintain full understanding of the facts of political life, the political scientist has to combine the legal with the extralegal viewpoints. Functions and importance of political science The function of political science is to discover the principles that should be adhered to in public affairs and to study the operations of government in order to demonstrate what is good, to criticize what is bad or inefficient, and to suggest improvements.

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Its findings and conclusions may be of immense practical use to constitution makers, legislators, executives, and judges who need models or norms that can be applied to immediate situations. Again, they may be of immense practical use to individuals who seek to understand the state in which they live. The study of political science deals with the problems of social welfare, governmental economic programs, international cooperation, and a wide range of other matters that are urgent concern of public officials and to private citizens. Goal in the study of political science courses Why should the university or college student study political science? What good will it do to him or her, in later life? Will it help in getting a job --- in “getting ahead?” Are political science courses “practical” (i.e. vocational)?

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• Education for citizenship It should be made clear that the primary objective of political science curriculum is education for citizenship. The preparation of students for careers in politics, law, teaching, the civil service and the foreign service is secondary to the task of equipping them to discharge the obligations of democratic citizenship. • Essential parts of liberal education Political science courses should be viewed as essential parts of liberal education, bearing no materialistic price tag and promising no job security. Such shop-worn adjectives as “practical” and “cultural” have no relevance here. • Knowledge and understanding of government Political science seeks to gather and impart this knowledge and understanding. The “good” citizen who behaves himself and votes regularly is no longer enough. He must also be a citizen who knows the answers. He must know how his government really operates, what interests and forces are behind particular policies, what 10


the results of such policies are likely to be, what his rights and obligations are, who his elected representatives are, and what they stand for.

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CONCEPTS OF STATE AND GOVERNMENT Introduction State A state is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which a great body of inhabitants render obedience, and enjoying freedom from external control. Elements of the State • People This refers to the mass of population living within the state. Without people there can be no functionaries to govern and no subjects to be governed. There is no requirement as to the number of people that should compose a state. But it should be neither too small nor too large: small enough to be well-governed and large enough to be self-sufficing. 12


• Territory It includes not only the land over which the jurisdiction of the state extends but also the rivers and lakes therein, a certain area of the sea which abuts upon its coasts and the air space above it. Thus, the domain of the state may be described as terrestrial, fluvial, maritime and aerial. • Government It refers to the agency through which the will of the state is formulated, expressed and carried out. The word is sometimes used to refer to the person or aggregate of those persons in whose hands are placed for the time being the function of political control. This “body of men” is usually spoken of as “administration.” The ordinary citizens of a country are a part of the state but are not part of the government. • Sovereignty The term may be defined as the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. 13


Two manifestations: a)internal or the power of the state to rule within its territory; b)external or the freedom of the state to carry out its activities without subjection to or control by other states. External sovereignty independence.

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Origin of States • Divine Right Theory - It holds that the state is of divine creation and the ruler is ordained by God to govern the people. • Necessity or Force Theory - It maintains that the states must have been created through force, by some great warriors who imposed their will upon the weak. • Paternalistic Theory - It attributes the origin of states to the enlargement of the family which remained under the authority of the father or mother. By natural stages, the 14


family grew into a clan, then developed into a tribe which broadened into a nation, and the nation became a state. • Social Contract Theory - It asserts that the early states must have been formed by deliberate and voluntary compact among the people to form a society and organize government for their common good. This theory justifies the right of the people to revolt against a bad ruler. State distinguished from Nation The state is a political concept, while nation is an ethnic concept. A nation is a group of people bound together by certain characteristics such as common social origin, language customs and traditions, and who believe that they are one and distinct from others. A nation may or may not be independent of external control. State may consist of one or more nations and conversely, a nation may be made up of several states. The United States is a melting pot of several nationalities. On the other hand, the Arab nation is divided into several sovereign states. 15


State distinguished from Government In common speech they are usually regarded as identical. As ordinarily, the acts of the government (within the limits of the delegation of powers) are the acts of the state, the former is meant when the latter is mentioned, and vice-versa. The government is only the agency through which the state expresses its will. A state cannot exist without a government, but it is possible to have a government without a state. Thus, we had various governments at different periods of our history, from preSpanish time to the present. A government may change, its form may change, but the state, as long as its essential elements are present, remain the same. Forms of Government 1. As to the principal forms:  Monarchy or one in which the supreme and final authority is in the hands of a single person without 16


regard to the source of his election or the nature or duration of his tenure. Kinds of Monarchies • Absolute monarchy or one in which the ruler rules by divine right; • Limited monarchy or one in which the ruler rules in accordance with a constitution. Aristocracy or one in which political power is exercised by a few privileged class which is known as an aristocracy or oligarchy. Democracy or one in which political power is exercised by a majority of the people. Democratic governments are further classified into: Classifications of Democracy • Direct or pure democracy or one in which the will of the state is formulated or expressed directly and immediately through the people in a mass meeting or 17


primary assembly rather than through the medium of delegates or representatives chosen to act for them. • Indirect, representative or republican democracy or one in which the will of the state is formulated and expressed through the agency of a relatively small and select body of persons chosen by the people to act as their representatives. 2. As to the extent of powers exercised by the central or national government. • Unitary government or one in which the control of national and local affairs is exercised the central or national government. • Federal government or one in which the powers of the government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere. 3. As to the relationship between the executive and the legislative branches of the government. 18


Parliamentary government One in which the state confers upon the legislature the power to terminate the tenure of office of the real executive. Under this system, the Cabinet or ministry is immediately and legally responsible to the legislature and mediately or politically responsible to the electorate, while the titular or nominal executive --- the Chief of State --occupies a position of irresponsibility. Presidential government One in which the state makes the executive constitutionally independent of the legislature as regards his tenure and to a large extent as regards his policies and acts and furnishes him with sufficient powers to prevent the legislature from trenching upon the sphere marked out by the constitution as executive independence and prerogative. Functions of Government The functions of government are classified as constituent or ministrant. 19


Constituent Functions “Those relating to the maintenance of peace and the prevention of crime, those regulating property and property rights, those relating to the administration of justice and the determination of political duties of citizens, and those relating to national and foreign functions.” This power is exercised by the State as attributes of sovereignty. Ministrant Functions It includes the promotion of “welfare, progress and prosperity of the people” and not merely to promote the welfare, progress and prosperity of the people --- these latter functions being ministrant, the exercise of which is optional on the part of the government. De Jure and De Facto Governments Government is classified according to its legitimacy as either de jure and de facto government. De Jure is a Latin term which means “by right, lawful, legitimate.” Thus, a 20


government de jure is one established by the authority of the legitimate sovereign. While a de facto government or government of fact is one merely established in defiance of the legitimate sovereign. Doctrine of Parens Patria Parens Patriae literally means parent of the people. By this doctrine the state is called upon to defend and protect those underprivileged, handicapped, etc. Thus, in case of rape against a minor child, the state is called upon to give full protection and safeguard. This is not only a duty upon the state but, “it is also in keeping the role of the state as parens patriae by virtue of which it is mandated to provide utmost protection to those of tender years.”

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CONCEPT OF THE CONSTITUTION Introduction Constitution - that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised. • • • •

the fundamental law of the land the supreme law of the land the God of all man-crafted laws the litany of rights of every individual

Nature and purpose or function Nature • the charter creating the government • the supreme or fundamental law of the land as it speaks for the entire people from whom it derives its claim to obedience • it is binding on all individual citizens and all organs of government 22


• a law to which all other laws must conform in accordance with which all private rights must be determined and all public authority administered • the test of the legality of all governmental action, whether proceeding from the highest official or lowest functionary Purpose • prescribe the permanent framework of the system of government • to assign to the different departments or branches, their respective powers and duties • to establish certain basic principles on which the government is founded • it is primarily designed to preserve and protect the rights of individuals against the arbitrary actions of those in authority Function • not to legislate in detail but to set limits on the otherwise unlimited power of the legislature

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Constitutional Law A branch of jurisprudence which treats of constitutions, their nature, formation and amendment, operation and interpretation. It refers to the law embodied in the Constitution as well as the principles growing out of interpretation and application made by the courts (particularly the Supreme Court, being the court of last resort) of the provisions of the constitution in specific areas. The Philippine Constitution itself is brief but the law of the Constitution lies scattered in thousands of Supreme Court decisions. Kinds of Constitution As to their origin and history Conventional or enacted - one which is created by a constituent assembly or granted by a monarch to his subjects like the Constitution of Japan in 1889. Cumulative or evolved - like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial 24


decisions, etc., rather than from deliberate and formal enactment. The above classification substantially coincides with that of written and unwritten constitutions. As to their form Written - one which has been given definite written form at a particular time, usually by a specially constituted authority called a “constitutional convention.” Unwritten - one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates. The English Constitution is unwritten only in the sense that it is not codified in a single document. Indeed, there is no Constitution that is entirely written or unwritten.

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As to manner of amending them Rigid or inelastic - one regarded as a document of special sanctity which cannot be amended or altered except by special machinery more cumbrous than the ordinary legislative process. Flexible or elastic - one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws. Advantages and disadvantages Written Constitution  It has the advantage of clearness and definiteness over an unwritten one.  This is because it is prepared with great care and deliberation.  Its disadvantage lies in the difficulty of its amendment. (see Art. XVII)  This prevents the immediate introduction of needed changes and may thereby retard the healthy growth and progress of the state. 26


Requisites of a good written constitution 1. As to form … a good written constitution should be: Brief - because if a constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. It would probably never be understood by the public. Furthermore, it would then be necessary to amend it every once in a while to cover many future contingencies. Broad - because a statement of the powers and functions of government, and the relations between the governing body and the governed, requires that it be as comprehensive as possible. Definite - because otherwise the application of its provisions to concrete situations may prove unduly difficult if not impossible. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm.

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2. As to contents … it should contain at least three sets of provisions: Constitution of Government - That dealing with the framework of government and its powers and defining the electorate. Constitution of Liberty - That setting forth the fundamental rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of these rights. Constitution of Sovereignty - That pointing out the mode or procedure for amending or revising the constitution. Constitution distinguished from Statute • A constitution is a legislation direct from the people, while a statute (see Art. VI, Sec. 1) is a legislation from the people‟s representatives; • A constitution merely states the general framework of the law and the government, while a statute provides the details of the subject of which it treats; 28


• A constitution is intended not merely to meet existing conditions but to govern the future, while a statute is intended primarily to meet existing conditions only; and • A constitution is the supreme or fundamental law of the State to which statutes and all other laws must conform.

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SEPARATION OF POWERS The Doctrine of Separation of Powers was modified under the 1973 Constitution with the establishment of a semiparliamentary government that made the legislature subordinate in many respects to the President, who was even vested with the ultimate power of dissolving it. What is the traditional concept of the doctrine of separation of powers? Under the new Constitution, the traditional concept of the doctrine has been restored, but with several significant modifications. The three major departments of the government have been maintained, and so have the three constitutional commissions established earlier under the past charters. By and large, the separation of the principal powers have been preserved. The judiciary, regarded as the weakest of the three branches, has been considerably strengthened with the conferment of it of additional and important powers. In the case of the political 30


departments, one will observe a lessening of the executive and a corresponding increase in the authority of the legislature, inspired presumably by our recent experiences under the Marcos authoritarianism. What commissions had been revived under the new constitution? Worthy of special interest is the revival of the Commission on Appointments as a check upon the appointing power in general . The creation of a Judicial and Bar Council to ensure better selection of the members of the judiciary. The Electoral Tribunals have also been restored (but with modified membership) to act once again as “sole judge” of all contests relating to the election, returns and qualification of the members of their respective Houses. This function was taken from them (even as they were abolished) and transferred to the Commission on Elections by the 1973 Constitution.

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Why is the doctrine of separation of powers observed in our country? The doctrine is observed in our country not only because it is regarded as a characteristics of republicanism but also for the reason that the major powers of government are actually distributed by the Constitution among the several departments and the Constitutional Commissions. Additionally, Article VI, Section 13, provides that no member of the Congress may hold any other office or employment in the government during his term without forfeiting his seat. What are the purposes of the Doctrine of Separation of Powers? The doctrine of separation of powers is intended to prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our republican institutions. More specifically, according to Justice Laurel, the doctrine is intended to secure action, to forestall overaction, to prevent despotism and to obtain efficiency. 32


To achieve these purposes: • the legislature is generally limited to the enactment of laws and may not enforce or apply them; • the executive to the enforcement of laws and may not enact or apply them; • the judiciary to the application of laws and may not enact or enforce them. However, the need for the above-mentioned objectives does not call for the “doctrinaire application” of this theory or its observance “with pedantic rigor.” While it is desirable that there be a certain degree of independence among the several constitutional agencies, it is not in the public interest for them to deal with each others at arms‟ length or with a hostile jealousy of their respective rights as this might result in frustration of the common objectives of the government. To cite Justice Laurel again, the keynote of conduct of the various agencies of the government under the doctrine of separation of powers, as properly understood, is not independence but interdependence. 33


BLENDING OF POWERS What is blending of powers of the three branches of government? There are instances under the Constitution when powers are not confined exclusively within one department but are in fact assigned to or shared by several departments. As a result of this “blending of powers,” as it is called, there is some difficulty in classifying some of them as definitely legislative, executive or judicial. Justice Holmes out it vividly when he remarked that “the great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to another.” Examples of the government’s exercise of the blending of powers The powers of government may not at all times be contained with mathematical precision in water-tight compartments because of their ambiguous nature, e.g., the power of 34


appointment, which can rightfully be exercise by each department over its own administrative personnel. But more importantly, it is often necessary for certain powers to be reposed in more than one department, so that they may better collaborate with, and in the process check, each other for the public good. Examples: An illustration of such coordination is the enactment of the general appropriations law, which begins with the preparation by the President of the budget, which becomes the basis of the bill adopted by the Congress and subsequently submitted by it to the President, who may then approve it. Another is the grant of amnesty by the President which requires the concurrence of a majority of all the members of the Congress. To take a third example, the Commission on Elections does not alone deputize law-enforcement agencies and instrumentalities of the government for the purpose of 35


ensuring free, orderly and honest elections but does so with the consent of the President.

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CHECKS AND BALANCES What is the system of checks and balances? What makes the doctrine of separation of powers especially workable is the corollary system of checks and balances, by means of which one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. The exercise of this authority in not itself an arrogation inasmuch as it is the Constitution itself that provides for this system of counteraction. The theory is that the ends of the government are better achieved through the exercise by its agencies of only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized. What are some illustrations of this system? There are abundant illustrations of this system in the Constitution. Thus, the lawmaking power of the Congress is checked by the President through his veto power, which in 37


turn may be overridden by the legislature. The President may nullify a conviction in a criminal case by pardoning the offender. The Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded. The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals. As for the judiciary in general, it has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions.

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ROLE OF THE JUDICIARY What is the role of the Judiciary in the exercise of separation of powers? While it is the judiciary which sees to it that the constitutional distribution of powers among the several departments of the government is respected and observed, this does not mean that it is superior to the other departments. To correct the view is that when the Supreme Court mediates to allocate constitutional boundaries or invalidates the acts of a coordinate body, what it is upholding is not its own supremacy but the supremacy of the Constitution. In the determination of whether a given power has been validly exercised by a particular department, the test applied is not necessarily or always the nature of the power. The first criterion --- and the safest --- is whether or not the power in question, regardless of its nature, has been constitutionally conferred upon the department claiming its exercise. The grant being ascertained, the exercise of the power sustained. 39


The conferment of power is usually done expressly, as in the vesture of the legislative power in the Congress, the executive power in the President and the judicial power in the Supreme Court and such lower courts as may be established by law. As may be readily noticed, there is no problem as to the validity of the discharge of these powers because they naturally pertain to the entities in which they have been reposed. What are some illustrations of powers not lodge in the judiciary? To illustrate, the power to impeach, which is essentially executive, and the power to try and decide impeachment cases, which is essentially judicial, are expressly lodged in the Congress, as so too is the power of investigation, which is more executive or judicial than legislative. These powers are nevertheless validly exercised by the legislature because the Constitution so provides. By the same token, the Supreme Court can exercise the executive power of removal over judges of inferior courts although they 40


have been appointed by the President. The President may be authorized by the Congress to exercise tariff powers and emergency powers, both of them legislative in nature, because the Constitution permits it Even in the absence of an express conferment, the exercise of a given power may be justified under the doctrine of implication, which is based on the theory that the grant of express powers carries with it all other powers that may be reasonably inferred from it. In Angara v. Electoral Commission, for example, certain rules of procedure promulgated by the respondent were challenged on the ground that they had not been expressly authorized by the 1935 Constitution. The Supreme Court nevertheless upheld them, declaring that they were necessary to the proper exercise of the express power granted to the body to hear and decide election contests involving members of the legislature. Another illustration is the power to punish contempt which, although essentially judicial, can unquestionably be exercised by the legislature, more so now under the present Constitution, 41


which vests upon it the express power to conduct investigations in aid of legislation. Such investigations, needless to say, could hardly be effective if the Congress did not possess the implied authority to punish witnesses for contumacy. Mention must also be made of those powers which although not specifically granted by the Constitution either expressly or by implication may be justified as inherent or incidental. Thus, the President, as head of the government, may independently of constitutional or statutory authority deport undesirable aliens as an “act of State,” even as the Congress can punish any person who impugns its integrity without proof. The courts, for their part, may claim the contempt of power inherent in the judiciary.

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ARTICLE XVIII AMENDMENTS OR REVISIONS OF THE CONSTITUTION Amendment and Revision Amendment and revision refers to changes in the Constitution. However, the two must be distinguished. What is an amendment? Amendment refer to “a change of specific provisions only.” The intention of an act is not the change of the entire constitution, but only the improvement of specific parts or the addition of provisions deemed as essential. What is a revision? Revision refer to the rewriting of the whole constitution.

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What are the three steps in amending the constitution? • First, is the proposal, which can be effected either through Constituent Assembly, Constitutional Convention or directly by the people; • Second, is the submission of proposal to the people; and • Third, the ratification by the people. What does ratification by the people mean? This last step, involves the casting of votes by the people whether they agree to adopt or not the proposed amendments submitted to them in the exercise of their sovereign capacity. How is proposal applied on the Constituent Assembly? Constituent Assembly may be called to amend or revise the Constitution by a vote of three-fourths of all the Members of Congress, “voting separately.” A Constitutional Convention is a body convened for the sole purpose of amending or revising the Constitution. 44


What are the manners of calling a Constitutional convention? The Constitution provides for the two (2) manner of calling a constitutional convention.  First, is by the congress themselves, by a vote of two-thirds of its members.  Second, if the required two-thirds votes is not obtained or simply when the Congress cannot decide to call such a convention, they can, through a majority vote of all its members submit to the people the question of calling such a convention. Directly by the People (People’s Initiative) It is interesting to note that among the three methods of proposal, directly by the people is limited only to amendments or the so-called piece-meal changes only and does not include revision, which unlike the other two methods can include amendments, and revisions. The reason for this rule is that the “formulation of provisions revising the Constitution 45


requires both cooperation and debates which can only be done through a collegial body” like a convention or assembly. People‟ s initiative may only be exercise by the people in amending the Constitution one‟s every five years. What are the requirements for People’s Initiative?  A petition signed by at least twelve (12) per centum of all registered voters;  Each legislative district must be represented. Ratification Amendments or revision of the Constitution proposed by either the Constituent Assembly, Constitutional Convention and People‟s Initiative becomes effective after ratification by the people. What is a ratification? Ratification is the process whereby the people will directly cast their votes whether they would like to adopt any amendment to, or revision of the Constitution. 46


When is the validity of a ratified amendment or revision? Any amendment to, or revision of, this Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty (60) days not later than ninety (90) days after the approval of such amendment or revision or after the certification by the Commission on Elections of the sufficiency of the petition. Review Questions: 1. Distinguish amendment from revision of the Constitution. 2. What are the requirements for people‟s initiative? 3. Why is people‟s initiative limited only to amendments of the Constitution? 4. What is a constitutional convention and what is the manner for calling a constitutional convention?

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Article I: NATIONAL TERRITORY Section 1. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. National Territory of the Philippines: As provided in Article I, it comprises: • The Philippine Archipelago with all the islands and waters embraced therein; • All other territories over which the Philippines has sovereignty or jurisdiction; 48


• The terrestrial, fluvial, and aerial domains including the territorial sea, the sea-bed, the subsoil, the insular shelves, and other submarine areas corresponding to Nos. 1 and 2; and • The internal waters. (Sec. 1) Meaning of archipelago The term archipelago is derived from the Greek word” pelages” meaning “sea.” It has been defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. In other words, it includes both sea and islands which geographically may be considered as an independent whole. Other territories over which the Philippines has sovereignty or jurisdiction. The phrase “all the other territories belonging to the Philippines be historic right or legal title” in the former provision was amended as indicated above. The phrase 49


acquired a definite meaning in the 1973 Constitution as a cover-all for pending Philippine claim to Sabah (formerly North Borneo) against Malaysia and the possible claim to the so-called Freedomland (a group of Islands known as “Spratley” Islands in the South China Sea) and the Marianas Islands, including Guam (which according to historical documents were under the control of the civil and ecclesiastical authorities in the Philippines during the Spanish Regime), or any other territory over which the Philippines may in the future find it has a right claim. The deletion, however, of the words “by historic right or legal title” is not to be construed as precluding future claims by the Philippines to areas over which it does not actually exercise sovereignty. The change is designed to improve our relations with Malaysia while allowing flexibility in pursuing the Sabah claim. Other areas included in the Philippine archipelago. • The territorial sea – it is that part of the sea extending 12 nautical miles (19kms) from the low-watermark. It is also 50


• • •

•

called the “marginal sea,” the “marginal belt,” or the “marine belt. The seabed (or sea floor or sea bottom) – this refers to the land that holds the sea, lying beyond the seashore, including mineral and natural resources; The sub-soil – this refers to everything beneath the surface soil and the sea-bed, including mineral and natural resources; Insular shelves (or continental shelves) – they are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached; and Other submarine areas – they refer to all areas under the territorial sea. Among oceanographic terms used are seamount, trough, trench, basin, deep, bank, shoal, and reef.

As part of the national territory, the sea-bed, the insular shelves, and other submarine areas are necessary co51


extensive with the territorial sea. The Philippines has a right or title to them to the extent recognized by international law. Three-fold division of navigable waters From the standpoint of International Law, the waters of the earth are divided into: • Inland or internal waters – they are the parts of the sea within the land territory. They are considered in the same light as rivers, canals and lakes within the land territory of a state. They are sometimes called national waters. • Territorial sea – it is a belt of water outside and parallel to the coastline or to the outer limits of the inland or internal waters; and • High or open seas – they are waters that lie seaward of the territorial sea. Jurisdiction over navigable waters The inland or internal waters and the territorial sea together comprise what is generally known as the territorial waters of a 52


state. Over these waters, a state exercises sovereignty to the same extent as its land territory but foreign vessels have the right of innocent passage through the territorial sea. On the other hand, the open seas are international waters which means that they are not subject to the sovereignty of any state but every state has equal rights of uses in them. The archipelagic concept or principle of territoriality: The use of the word “archipelago” in Article I is intended to project the idea that the Philippines is an archipelago (a state composed of a number of islands) and bolster the archipelagic concept (or archipelago doctrine) which the Philippines together with Indonesia, and other archipelago states, had espoused in international conferences on the Law of the Sea. By this concept is meant that an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty. 53


Article II: Fundamental Principles and State Policies Article II of the Constitution is entitled “Declaration of Principles and State Policies.” What is the intention in providing Art. II of the Constitution? This article is intended to lay down the rules underlying our system of government and must therefore be adhered to in the conduct of public affairs and the resolution of public issues. The present article is an enlargement and, in some sections, a modification of the original provisions found also in Article II of the 1973 Constitution. What is the purpose of Art. II of the Philippine Constitution? The purpose is to emphasize and articulate more unequivocally the objectives and limitations of governmental action in pursuit of the general goals announced in the Preamble. 54


Preamble The Preamble to the Constitution reads as follows: “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.” Unlike in the 1935 Constitution, the above Preamble is couched not in the third person but in the first. Why was the Preamble couched in the first person and not the third as it was originally written in the 1935 Constitution? It was felt that the use of the more intimate first person would deepen the sense of involvement and participation of the 55


individual citizens in the ordaining and promulgation of the Constitution, which is supposed to be their common handiwork. This impression was not adequately conveyed by the 1935 Constitution, where “the Filipino people” were viewed by many as a remote, impersonal and abstract legal entity to which they did not belong. The Preamble is not considered a source of substantive right since its purpose is only to introduce, i.e., “to walk before,” the Constitution. What is the function of the Preamble? Its function is not merely rhetorical, as, in the first place, the Preamble serves to indicate the authors of the Constitution, to wit, “we, the sovereign Filipino people.” In addition, it also enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution and is also useful as an aid in the construction and interpretation of the text of the Constitution.

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REPUBLICANISM Section 1 of Article II provides: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” What form of government is established under Republicanism? Who are declared supreme under this form? This reproduction of the original principle in the 1935 Constitution establishes the democratic and representative nature of our government and proclaims our hostility to autocratic and totalitarian regimes. Thus, the people are declared supreme. It is affirmed that every citizen is an individual repository of sovereignty. The citizenry and not officialdom is recognized as the origin, and therefore also the restriction, of all government authority.

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What is a republican government? A republic is a representative government, a government run by the people and for the people. It is not pure democracy where the people govern themselves. What is the essence of republicanism? The essence of republicanism is representation and renovation. It is the selection by the citizenry by a corps of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal. Obviously, a republican government is a responsible government whose officials hold and discharge their position as a public trust and shall, according to the Constitution, “at all times be accountable to the people” they are sworn to serve.

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What is the purpose of a republican government? The purpose of a republican government, it is almost needless to state, is the promotion of the common welfare according to the will of the people themselves. How is the promotion of the general welfare of the people determined? This will is usually determined by the rule of the majority, that is, the greater number of the people. Under the Constitution, for example, the Senate President and the Speaker are elected by majority vote of all the members of their respective Houses, meaning more than one-half of the total membership. How is the rule of the majority justified? This is justified because the law so provides and ours is “a government of laws and not of men.” That no person is above the law; all must bow to its majesty. The ascendancy of the law is axiomatic in a republic and must be recognized by 59


every public official no matter how exalted. Every official act must be based upon and conform to the authority of a valid law, lacking which the act must be rejected. THE DEFENSE OF THE STATE Section 4 provides: “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. From where does this right been based? This provision is based upon the inherent right of every State to existence and self-preservation. By virtue of this right, a State may take up all necessary action, including the use of armed force, to repeal any threat to its security. To this end, it is provided in Article XVI, Section 4, of the Constitution that the armed forces of the Philippines shall “be composed of a 60


citizen armed force which shall undergo military training and serve, as may be provided by law.” The pertinent law is C.A. No. 1, otherwise known as the National Defense Act. Are all citizens of the Philippines imposed the duty to defend the State? It is noteworthy that the duty to defend the State is imposed upon all citizens, including women, and that the military or civil service that may be required of them by law must be personal. This precludes the hiring by the rich of “mercenaries” or professional soldiers to take their place in the defense of the State. Are citizens with religious or have no military inclinations exempted from rendering personal services in defense of the State? As for those who may have sincere conscientious or religious scruples about the taking of human life, or have no military inclinations or aptitudes, accommodation can probably be made by assigning them to non-combatant or civil duties. 61


PEACE AND ORDER Section 5 provides rather pompously: “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.” This was probably inspired by the American Declaration of Independence or some high school commencement address. In any case, it speaks for itself --needlessly, it would seem --- as these are implicit in a welfare state, which is what we are repeatedly told the Constitution is establishing. THE INCORPORATION CLAUSE Section 2 provides: “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation 62


and amity with all nations.” Every State is, by reason of its membership in the family of nations, bound by the generally accepted principles of international law, which are considered to be automatically part of its own laws. This is known as the Doctrine of Incorporation. By virtue thereof, and particularly since it is expressly affirmed in our Constitution, our Supreme Court has applied the rules of international law in the decision of a number of cases notwithstanding that such rules had not been previously converted to statutory enactments. Section 2 must be read with another section in this Article, which provides as follows: “Section 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.” and with Section 8, declaring that: “Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.” 63


REARING OF THE YOUTH There are two sections in Article II dealing with the proper rearing of the youth. Section 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. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the aid and support of the Government.” What kind of kindred ties do Filipino families possess? Kindred ties are specially close in the Philippines, making the family a fundamental and important factor in the enhancement of the nation. The theory is that the better the home, the better the nation; and also that the strength of the family lies in the correct upbringing of its children. 64


Proper recognition is therefore given to the complementary roles of the parents and the government in the rearing of the youth for the principal purposes mentioned, to wit, civil efficiency and the development of moral character. Significantly, the new provision declares that the State “shall equally protect the life of the mother and the life of the unborn from conception,” which seems to suggest a policy against abortion. This, however, must be equated with the equal protection due to the mother. It should also be observed that in recognizing the sanctity of the family life, the provision is not closing the door on divorce, which is left for legislature to allow in its discretion. Section 13 “The State recognizes the vital role of the youth in nationbuilding, and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism and encourage their involvement in public and civic affairs.” 65


This 1973 provision was a reaction to the upsurge of youth activism that marked the days prior to the adoption of the 1973 Constitution and evidently influenced the thinking of its framers. Accordingly, it is now sought to promote not only the civic efficiency and moral character of our young citizens but also their physical, moral, spiritual, intellectual and social wellbeing so that they will be fully prepared when they assume their responsibility of leadership in the direction of our country‟s destiny. WOMEN Article II, Section 14, provides that “the State shall recognize the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.” What is the stand and role of women in our society? The reverse order follows the polite phraseology of “ladies and gentlemen” and “ladies first” and does not suggest a social upheaval, much less an overturning of the tradition conferring upon the man the position of the head of the 66


family, administrator of the conjugal funds and other similar capacities. SOCIAL JUSTICE What is one of the most serious problems the nation is facing right now? The acute imbalance between the rich and the poor and the resultant divisiveness and hostility between them. This polarization has created an explosive situation that, unless corrected in time, may lead to a violent social upheaval. Example: The story of the ditch-digger. What is the meaning of life to the countless impoverished Filipino family? Life is but an unending cycle of drudgery and toil, a ceaseless struggle for survival for the elemental right to just exist instead of truly living. Want is a constant companion. Oppression is always close by. As for those interests intended to enhance 67


the joy of living --- these are total strangers. One cannot enjoy the sunset when he must worry about the oil to light the lamp when the darkness closes in. What were the programs of the government to alleviate the standard of living? To alleviate the plight of these forgotten men, to give those with less privileges in life more privileges in law, in the words of President Ramon Magsaysay, our government has assiduously, if not always successfully, pursued the policy of social justice enshrined in both the old and the new Constitutions. What is social justice? The classic definition of social justice is found in Calalang v. Williams, where Justice Laurel declared as follows: “Social justice is „neither communism, nor despotism, nor atomism, nor anarchy,‟ but the humanization of laws and the equalization of social and economic forces by the State so 68


that justice in its rational and objectively secular conception may at least be approximated.” “Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra - constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of “salus populi est suprema lex.” The new provisions on social justice in Article II are the following: “Sec. 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.” 69


“Sec. 10. The State shall promote social justice in all phases of national development.” “Sec. 11. The State values the dignity of every human person and guarantees full respect for human rights.” “Sec. 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.” “Sec. 21. The State shall promote comprehensive rural development and agrarian reform.” SEPARATION OF CHURCH AND STATE Section 6 reiterates that: “the separation of Church and State shall be inviolable.” This is a reproduction of Article XV, Section 15, of the 1973 Constitution. 70


What is the law provided for the rule? The separation of Church and State was originally, and quite adequately, expressed in the bill of rights providing that “no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof.” It is now more emphatic by the said Section 6, which says that the separation shall be “inviolable.” What is the rationale of the rule? The rationale of the rule is summed up in the familiar saying, “Strong fences make good neighbors.” The idea is to delineate the boundaries between the two institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective jurisdictions. The demarcation line calls on the entities to “render therefore unto Caesar the things that are Caesar‟s and unto God the things that are God‟s.” What is the prohibited actions of both the church and the state? 71


The doctrine cuts both ways. It is not only the State that is prohibited from interfering in purely ecclesiastical affairs. The Church is likewise barred from meddling in purely secular matters. And the reason is plain. A union of Church and State, as aptly remarked, “tends to destroy government and to degrade religion.” It is also likely to result in a conspiracy, well nigh irresistible because of its composite strength, against the individual‟s right to worship. The wall of separation between Church and State is not a wall of hostility. The State in fact recognizes the beneficent influence of religion in the enrichment of the nation‟s life. SUPREMACY OF CIVILIAN AUTHORITY Section 3 provides: “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.” 72


Although this is implicit in a republican system of government, it was felt advisable to expressly affirm this principle in order to allay fears of a military take-over of our civilian government. The military establishment is the physically strongest single institution in our country and has the capacity and might to wrest power from the constituted authorities. Under this provisions who is the commander-in-Chief of the Armed Forces of the Philippines? To avoid this it is also fittingly declared in Article VII, Section 18, of our Constitution that the President, who is a civilian official, shall be the commander-in-chief of all the armed forces of the Philippines. LOCAL AUTONOMY The policy of local autonomy, which was not specifically mentioned in the 1935 Constitution but was dignified into a constitutional principle by the 1973 charter is affirmed in Section 25, which provides: 73


“The State shall ensure the autonomy of local governments.” This principle is fleshed out in Article X, entitled “Local Government,” and the Local Government Code. The strengthening of local governments is based upon the Jeffersonian view that “municipal corporations are the small republics from which the great one derives its strength.” The belief is shared in this country that vitalization of the local government unit will enable its inhabitants to develop their resources and thereby contribute to the progress of the whole nation. More importantly, they will acquire a deepened sense of involvement that will encourage them to participate more actively in the direction of public affairs as members of the body politic. Economy The various policies on the economy, which is also the subject of Article XIII, are the following: 74


“Sec. 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.” “Sec. 20. The State recognizes the indispensable role of the private enterprise, and provides incentives to needed investments.” “Sec. 21. The State shall promote comprehensive rural development and agrarian reform.” MISCELLANEOUS In addition to the above-discussed provision, Article II contains the following rules on miscellaneous subjects: “Sec. 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.”

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“Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” “Sec. 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.” “Sec. 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.” “Sec. 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.” “Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.”

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Article III BILL OF RIGHTS  Litany of weapons which a person may implore or assert to resist or defeat any abuse or misuse of governmental power.  It is primarily directed against the abuses of the government in the exercise of the massive powers it has at its command, particularly police power, eminent domain and taxation.  It is protection against the state.  It governs the relationship between the state and the individual.  Its concern is not the relation between the individuals, between a private individual and other individuals, but rather, it declares some forbidden zones in the private sphere inaccessible to any power holder.  It restrains the government from invading into the life, liberty and property of persons.  It is the catalogue of rights that monumentalizes the maxim “ours is a government of laws and not of men.” 77


THE DUE PROCESS & EQUAL PROTECTION CLAUSES Section 1 provides that: “No person shall be deprive of life, liberty or property without due process of law nor shall any person be denied the equal protection of laws.” THE DUE PROCESS CLAUSE The most used (or perhaps abused) weapon available to a person to arrest the intrusion of government on matters affecting the life, liberty or property of persons. It is beyond quantification or definition, elastic and flexible to be able to meet varied contingencies. Does the due process clause always require trial-type proceedings? Due process, as a constitutional precept, does not always and in all situations, require trial-type proceedings. 78


What is the essence of due process? It is found in the reasonable opportunity to be heard and submit any evidence one may have in support of one‟s defense. What the law prohibits is not the absence of previous notice but the absolute absence thereof and lack of opportunity to be heard. Due process is equivalent to the “law of the land” which means “a general law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.” What is life as protected by the due process clause of the Constitution? It includes the right of an individual to his body in its completeness, free from dismemberment and extends to the use of God-given faculties which makes life enjoyable. Life means more than mere animal existence. It is the enjoyment of all faculties given to man by God: the right to see, hear, eat, contract, to use any part of the body 79


through which the soul communicates with the outside world. It includes the right to earn a living or livelihood. What is liberty in contemplation of the Constitution? It consists in the ability to do what one ought to desire and in not being forced to do what one ought not to desire. Liberty, not a license, the more restraint, the more liberty. It is freedom to do right and never wrong; it is ever guided by reason and the upright and honorable conscience. What is property? The term includes the right to own, use, transmit, to dispose or even to destroy, subject to the right of the State and of other persons; it includes the right to exercise profession. It is used in its most general sense as embracing everything over which man has exclusive dominion. The word is used to denote everything which is subject of ownership, corporeal or incorporeal, tangible or intangible, visible or invisible, real or 80


personal; everything that has an exchangeable value or which goes to make up wealth or estate. It extends to every specie or valuable right and interest and include real and personal property, easements, franchises and incorporeal hereditaments and includes every invasion of one‟s property rights by actionable wrong. Who are protected by the due process clause? It protects all kinds of persons, whether natural or juridical; includes not only Filipinos but aliens, as well. What is the standard to be applied in a given case in order to comply with the due process clause? Procedural Due Process It is the fulfillment of the procedures or steps and even periods prescribed by the fundamental law or statute and in conformity with the standard of fair play and without arbitrariness on the part of those who are called upon to administer the law or justice. 81


Substantive Due Process It is the intrinsic validity of the law that interferes with the rights of a person to his life, liberty or property. It is the law that is reasonable and not oppressive and one that responds to the supremacy of reason. What are the requisites of procedural due process as applied in judicial proceedings? 1. There must be a court or tribunal clothed with judicial power to hear and decide 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. That the defendant must be given the opportunity to be heard. 4. Judgment must be rendered upon lawful hearing.

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THE EQUAL PROTECTION CLAUSE A weapon available to an individual to nullify an unreasonable act of government. It does not forbid classification or discrimination as long as the classification is reasonable and the parameter of reasonableness must be based on substantial distinctions which make real differences. It must be germane to the purpose of law; it must not be limited to existing conditions only, and must apply equally to each member of the class. Who are protected by the equal protection clause? All persons are covered. However, insofar as juridical persons are concerned, the clause only protects their properties. What is purpose of the equal protection guaranty? It is designed as a safeguard against the acts of the State and not against the conduct of private individuals. It serves as a restraint against favoritism or hostility which the government may employ in pursuance of their official acts. 83


SEARCHES AND SEIZURES Section 2 provides that: “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched and the persons or things to be seized.” What is the measure in determining whether a search or seizure is reasonable or not? What constitutes a reasonable or unreasonable search or seizure in a particular case is purely a judicial question, which is determinable from a consideration of the circumstances involved including the purpose of the search, the presence or absence of probable cause, the manner in which the search 84


or seizure was made, the place or thing searched and the character of the articles procured. Sec. 3 of Rule 126 of the Rules of Criminal Procedure mandates that a search warrant must only be issued in connection with one specific offense. Also, it directs a judge that before issuing a warrant, he must place the complainant with the witnesses he may produce under oath or affirmation and profound searching questions to be reduced in writing and attach to the record their sworn statements. Noncompliance of these constitutional and statutory elements will thus make the warrant so issued unreasonable. Who are entitled to the protection against unreasonable search and seizure? The Court held that it is available to all persons, including aliens, whether accused of a crime or not. What is a warrant of arrest? Search?

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Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. When is a warrantless arrest lawful? In the following instances, a warrantless arrest may lawfully be made by a peace officer or a private person: 1. When in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense. 2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; 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 86


case is pending or has escaped while being transferred from one confinement to another. What kind of property may be seized? 1. subject of the offense 2. stolen or embezzled and other proceeds or fruits of the offense 3. used or intended to be used as the means of committing an offense What are the requisites of a valid warrant? 1. issued in the existence of probable cause. 2. the probable cause must be determined personally by the judge. 3. the judge must examine under oath or affirmation the complainant and the witnesses he may produce. 4. the warrant must describe with particularity the place to be searched and the persons or things to be seized. 5. the warrant must be issued in connection with one specific offense. 87


6. the judge must, in question and answer form, ask searching questions to be reduced in writing and attach to the record of the case. What is probable cause? Such facts or circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that objects sought in connection with the offense are in the place to be searched. When may a warrantless search or seizure be made validly? 1. when the right is waived 2. when it is incidental to a valid arrest 3. when there is a violation of the Tariff and Customs Law 4. search on moving vehicles 5. prohibited objects within the plainview of an agent of the law and open to his eyes and hands

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PRIVACY OF COMMUNICATION Section 3 provides that: “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.” What is the extent of the freedom of correspondence? The freedom of correspondence clause extends to all kinds of communications to convey one‟s views and sentiments. What are the modes of conveying one’s thought? It may be through letters, telegrams, signals, cables, telephone or any other mode not prohibited by law. Are illegally secured evidences admissible in court? 89


Like illegally secured searches and seizures, the Constitution ordains the inadmissibility of any evidence obtained in violation of this right for any purpose in any proceeding. When may the privacy of communication correspondence be validly violated?

and

1. upon lawful order of the court. 2. when public safety or order requires otherwise as prescribed by law. FREEDOM OF EXPRESSION AND ASSEMBLY Section 4 provides that: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.” What is speech to man? 90


Speech is the body and soul of man without which his existence becomes empty and meaningless. The resume of the sacredness of a God-given gift which is inalienable. It includes the ancillary right to access to information on matters of public concern. While freedom of expression is sacred, such right however is neither a license nor is it illimitable. What are not permitted in the exercise of freedom of expression? The publications and utterances of libelous, blasphemous, or indecent articles, or other publications injurious to public morals or private reputation. Likewise, the existence of government is entitled to protection against seditious attacks. What is the scope of the freedom of expression clause of the Constitution? It covers the entire gamut of human affairs. The use of symbols, signals, signs, pictures, monuments or any mode of conveying one‟s thoughts or views including the right to 91


remain silent, come within the purview of the freedom of expression clause of the Constitution. What is the purpose of the freedom of expression clause of the Constitution? The fundamental purpose is to give every individual the right to speak out his mind, float ideas in the open market and invite intellectual dispute with the end purpose of provoking every person to contribute his ideas, thought and views on any matter that will help shape a community that is the product and embodiment of their ideas and thoughts peddled in an atmosphere of complete liberty without prior restraint and fear of subsequent punishment. Two important components the freedom of expression carries:  freedom to speak and write without prior government restriction  freedom from any punishment as a consequence of such speech, utterance or writing 92


What is prior restraint as anathematic to the freedom of expression clause?  Prior restraint carries the import that the State should not, as a matter of policy, imposed any restriction or condition before the freedom can be exercised.  Any prior condition attached to the right before an individual person is allowed to express his views or thought is prior restraint which is offensive to the constitutional command. Explain “subsequent punishment” as a curtailment of the freedom of expression. It means that in order to make the freedom of expression more meaningful, there must be an assurance that after making any utterance or publication, the author is not subject to any form of punishment. If the State would imposed punishment as a condition for such exercise, it would negate the right and make the freedom of expression a mockery and a delusion.

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Like any other freedom, the right to expression is not absolute. What are the standards that may be used in judging whether the author of a publication or speech or writing may be made liable?  The clear and present danger . . . a working principle that the substantive evil must be extremely serious and the degree of imminence extremely high before the utterance can be punished.  Dangerous tendency rule . . . if the words uttered create a dangerous tendency which the state has to prevent, then such words are punishable. It is sufficient that the advocacy be in general terms. Mere tendency to create evil will suffice to subject the author to punishment. Under this rule, it is not necessary that immediate acts of violence and unlawfulness be done. It is sufficient that the utterance tends to incite the people to do violence or any other unlawful act. 94


 Balancing-of-interests doctrine . . . gives the Court the prerogative, in case there is a collision between two rights, to determine which right demands the greater protection. It requires a Court to take conscious and detailed consideration of the interplay of interests observable in a given type of situation. Right of Assembly and Petition What is the nature and basis of the people’s right to assembly and petition the government of their grievances? The right of assembly is the right of the citizens to meet peaceably for consultation in respect to public affairs. Right of Petition  The right of petition is the right of a person or group to apply without fear of penalty, to the appropriate branch of government for the redress of grievances. 95


 The right of assembly and petition is a necessary consequence of republican institution and the complement of the right of free speech. RELIGIOUS FREEDOM Section 5 provides that: “No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall forever be allowed. No religious test shall be required for the exercise of civil and political rights.” What is Religion? Religion is one‟s relation to his God-Creator. What is religious freedom?

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Religious freedom is the right of the individual to worship God according to the dictates of his conscience or not to worship him at all. What is the guaranty of the freedom of religion clause? The freedom of religion clause of the Constitution guarantees man‟s liberty to worship his Maker in whatever form and in whatever language as long as the expression does not collide with accepted norms of social order and decency. The serenity of one‟s communion with his Master is not however absolute. If the actualization of one‟s belief is at war with established standards of morality, decency, public order, policy and the law, then the act may be restrained by the State in the name of law and order. What is the nature and extent of religious freedom? Religious freedom is the right of an individual to worship God according to the dictates of his conscience, or not to worship him at all. The right is intended to allow every man to entertain such notions respecting his relations to his Master 97


and the duties imposed, as maybe approved by his judgment and conscience and to exhibit his sentiments in such form of worship as he may think proper, not injurious to the equal rights of others and to prohibit any legislation for the support of any religious tenets or the modes of worship of any sect. Two aspects of religious freedom:  Freedom to believe – it is absolute, infinite and limitless and beyond regulation.  Freedom to act – it may be regulated if the actualization of such beliefs clashes with accepted norms of social behavior and established order and decency. What is meant by “no establishment of religion” clause of the Constitution? Neither the State nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. It was intended to erect a wall of separation between the Church and the State. 98


What are the acts prohibited under the guaranty of religious freedom? 1. the enactment of laws prohibiting the establishment of religion. 2. the enactment of laws prohibiting the free exercise thereof. 3. the enactment of laws prohibiting the free exercise and enjoyment of religious profession and worship and enacting discriminating laws. 4. religious test as a requirement for the exercise of civil or political rights. 5. allocation of public money or property, directly or indirectly, for the use, benefit or support of any sect, church, denomination, etc. RIGHT TO TRAVEL Section 6 “The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon 99


lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety and public health, as may be provided by law,” International Law strengthens right to travel and to return. The right to choose where one desires to live and of changing the same is a constitutionally protected right. The freedom of movement or locomotion assumes more significance in the light of international covenants which likewise recognize this right. Ex.: Art. 13, Declaration of Human Rights It guarantees a man‟s right to freedom of movement and residence within the borders of a State, including the right to leave for any country and the right to return to one‟s country. Art. 12, International Convention on Civil and Political Rights (Philippines, a signatory)

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It declares the right of everyone to freedom of movement and to choose his residence and may not be deprived of the right to enter his own country. Where the right is impaired, the individual has ample weapons at his command to protect a transgression of such right like availment of the writ of mandamus or habeas corpus to seek release from deprivation of liberty and civil action for damages against those responsible for the violation of this right. The right to travel and of changing the same is, however, not without restriction. The overriding police power of the State may limit such right. Thus, a leper may not be allowed to freely socialize with the public and may be confined to a leprosarium against his will. RIGHT TO INFORMATION Section 7 provides that: “The right of the people to information on matters of public concern shall be recognized. Access to official records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research date used as

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basis for policy development shall be afforded the citizen subject to such limitations as may be provided by law.” Freedom of the press and expression will be rendered useless unless the media are given free access to information on matters of public concern. This is their duty to the public and the people. Strengthening this right of the people is the policy declaration that the State adopts and implements a policy of full disclosure of all its transactions involving national interest. To maximize the right of the people to information, the media members are to keep inviolate and forever secret the source of their news story or reports conveyed to them in confidence. What is the basis of the people’s right to information? In the Declaration of State Policies, it is mandated that the State adopts and implements a policy of full disclosure of all its transactions involving public interests, subject to such reasonable conditions prescribed by law. What is the nature of the people’s right to information?

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It is a political right exercisable exclusively by Filipino citizens. It is a right that keeps the whole citizenry well informed of matters that concern their lives. What is the meaning of “public concern”? The term “public concern” is beyond measurement. In determining whether or not a particular information is of public concern, there is no rigid test which can be a applied. Public concern like public interest is a term that eludes exact definition. Both terms embrace a broad spectrum of subjects which the public may want to know, either because they directly affect their lives, or simply because such matters naturally arouse the interest of an ordinary citizen. Is the right to information absolute? No. The Constitution does not open every door to any and all information. Under the Constitution, access to official records, papers, etc. is subject to limitations as may be provided by law.

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What are excluded from the privilege? Trade secrets, confidential, commercial and financial information of a person or corporation and matters affecting national security are excluded from the privilege. RIGHT TO FORM ASSOCIATIONS Section 8 reads as follows: “The right of the people, including those employed in the public and private sectors to form unions, associations or societies for purposes not contrary to law shall not be abridged.” Is man by nature a loner? Man is inherently not a loner. He is gregarious and continually seek companionship for intellectual, physical and spiritual fulfillment. He does not imprison himself within the four walls of his house. Even within the confines of the prison compound, a prisoner nevertheless associates himself with

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his fellow prisoners to seek solace, unburden himself of his problems or share his joys and pains of life. All these are manifestations of man‟s inherent love for people with whom he associates himself. What is the purpose of the right to form associations? It is to enable an individual to join others of like persuasion to pursue common objectives and to engage in activities permissible under, if not actually encouraged by law, the regime of liberty provided for in the fundamental law. This right is intended to enhance opportunities of human beings and to widen the sphere for the expression of personality. What is the extent of the right to form associations? The right is circumscribed by the phrase “not contrary to law.” Any association that is not contrary to law is allowed and those organizations which are prohibited by law like illegal assemblies and illegal associations punishable by the Revised Penal Code are contrary to law, hence not coming within the protective mantle of the Constitution.

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EMINENT DOMAIN Section 9 provides that: “Private property shall not be taken for public use without just compensation.” What are the three stately powers of the government? The stately powers of government, preservatory weapons to assure state continuity. When a state is born, its birth ipso facto carries with it the authority to exercise the three powers of the state: 1. Police Power 2. Eminent Domain 3. Taxation What is the capital purpose of the three stately powers? The exercise of these powers “would indicate not a polarization but a mingling” of the three powers to achieve

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their capital purpose of forwarding and upgrading the quality of life of the people. In other words, the three powers may be employed simultaneously, coordinately and complimenting each other whenever necessary rather than alternately or separately to enable government to actualize its goals. The inherent powers of the State are enduring and co-terminus with the life of the State itself. The three powers have a common denominator: • They all underlie the Constitution and rest upon necessity because there can be no effective government without them. • They exist independently of the Constitution as a necessary attribute of sovereignty. • They are as enduring and indestructible as the State itself. • They constitute the three methods by which the State interferes with private rights. • Each presupposes an equivalent compensation:

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*Police Power – through the maintenance of healthy, clean and orderly society.


*Eminent Domain – just compensation. *Taxation – protection and benefits extended by the government. • They are all legislative in character. The three powers differ in the following: In the nature of compensation: • Police Power is intangible. • Eminent Domain and Taxation are more concrete. • In eminent domain, full and just compensation of the property taken. • In taxation, the protection and improvements extended by the government for the commonwealth. As to the nature of property taken: • Police power involves destruction or confiscation of property which are noxious.

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• Eminent Domain and Taxation, the property taken is for public purpose or use. • Police Power and Taxation are inherently exercisable only by the government while Eminent Domain may be exercised by private entities upon valid delegation. • Police Power regulates both liberty and property while Eminent Domain and Taxation are addressed to property rights only. POLICE POWER • Police Power is the most dominant of the three powers of government. It is the sovereign power to promote the general welfare. Police Power is the interference by the State on the entire gamut of human life --- from conception to death, a destination unknown and unraveled as yet. Characterize Police Power • Protection to all great public needs which is the most demanding most pervasive and the least limitable of the three powers of the State.

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• The law of overwhelming necessity. • The most essential, insistent and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare of society. • It is a power emanating from or conferred by the Constitution but inherent in a State, plenary, suitably vague and far from precisely being defined, rooted in the conception that men in organizing the State and imposing upon the government limitations to safeguard constitutional rights did not intend thereby to obstruct unreasonably the enactment of such salutary measures to ensure communal peace, safety, good order and welfare. What is the basis of Police Power? Police Power is based on the Latin maxim:

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SALUS POPULI SUPREMA EST LEX (the welfare of the people is the supreme law) and SIC UTERE TUO UT ALIENUM NON LAEDAS (so use your own as not to injure others).


Police Power calls for the subordination of individual interests to the interest of the greater number of people. What and who are subject to Police Power? Police Power being the plenary, absolute and comprehensive power vested upon the legislature to enact, ordain, make and establish wholesome and reasonable laws, subject all persons and property including occupation to its most pervasive scope. Even personal liberty may be interfered with for the realm of Police Power is to guard against the abuse of individual liberty. Who may exercise Police Power? The exercise of police power is principally lodged in the Congress of the Philippines under its complete and omnibus power to enact laws, restricted only to the Constitution. However, pursuant to a valid delegation of authority from Congress, the President and local government units may exercise such powers. The Local Government Code of 1991

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explicitly grants to the local government units the power to enact laws that will promote the welfare of the people. THE POWER OF EMINENT DOMAIN Like Police Power, Eminent Domain is inherent in every State. Any provision of the Constitution on the matter merely serves to restrict its exercise in order to protect the individual against whose property the power is sought to be enforced. Who may exercise the power of Eminent Domain? The power of Eminent Domain is essentially a legislative prerogative but Congress may validly delegate the same to other governmental agencies or even to private entities whose services are geared to meet essential needs, unless prescribed by the Constitution. What property may be expropriated? • The scope of Eminent Domain is broad enough to include all kinds of private property.

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• Real and personal property, except money and rights in action, may be taken by expropriation. • The franchise of a corporation may be taken by Eminent Domain. • The owner cannot claim that such an act is an impairment of the obligations of contract and therefore, illegal. • Condemnation proceedings do not impair the contract, do not break the obligation, but appropriate it for public use. What is meant by public use? The traditional concept of public use means anything that has strict benefit to the public. These conventional concept of public use as relating to the construction of public buildings, plazas, schools, schoolhouses, streets, bridges and the like, is an antiquarian view and antagonistic to the challenge of development and growth. May church properties be expropriated without assaulting the Doctrine of Separation of Church and State?

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Yes. The Power of Eminent Domain which is designed to promote the common good and welfare is more superior that the principle of Separation of Church and State. When is there compensable taking? When the following conditions concur: The expropriator must enter a private property. The entry must be for more than a momentary period. The entry must be under warrant or color of legal authority. The property must be devoted to public use or otherwise informally appropriated or injuriously affected. • The utilization of the property for public use ousts or divests the owner and deprives him of beneficial enjoyment of the property. • • • •

What is just compensation? It means a fair and full equivalent for the loss sustained from the act of expropriation. This fair and full equivalent is the market value of the property taken, plus the consequential

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damages, but minus the consequential benefits, if any, provided the consequential benefits shall not exceed the consequential damages. THE POWER OF TAXATION Taxation Taxation, which is the power of the State to impose burdens or impositions on persons, properties, services, occupations or transactions is, like Police Power and Eminent Domain, inherent in sovereignty. Without taxes, government will perish as an institution. . . It is one of the preservatory weapons of the State to keep itself alive and dynamic, hence, necessity demands its exercise by the State without need of any express authority, constitutional or otherwise. Taxes . . . . . lifeblood of the government.

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The obligation of the people to pay taxes is corollary to the duty of the State to give and extend protection to its people. What is Taxation? Taxation is the power inherent in sovereignty to raise revenues to defray the necessary expenses of government or for any public purpose. Where a State is denied the power to tax, then government, as a fundamental requisite of statehood, will perish as a consequence of lack of funds to support it. What is taxation? (Definition) Taxation is the financial burden imposed by a State on persons, whether natural or juridical, within its jurisdiction for property owned, income earned, business or profession engaged in, or any, such activity analogous in character for raising the necessary expenses to take care of the responsibilities of government. What is the basis of the power to tax?

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The justification of the demand is found in the reciprocal duties of protection and support between the State and those that are subject to its authority and the exclusive sovereignty and jurisdiction of the State over all persons and property within its limits for governmental purposes. Who may exercise the Power to Tax? The power to tax is fundamentally a prerogative vested in the plenary and comprehensive power of the legislature to enact and ordain laws. However, such power may be delegated to local government units by legislative fiat under such terms and conditions as are stipulated in the law. What are the limitations of the power to tax?

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Inherent Limitations: • It must be exercised by the legislature. • It must be for public purpose. • It must be applied only within the territorial jurisdiction of the taxing State.


• International Law on Comity. Constitutional Limitations: Due Process and Equal Protection Clauses Non-impairment of persons for failure to pay poll tax. Rule on taxation shall be uniform and equitable. Tariff Bills must originate exclusively from the House of Representatives. • Must respect the persons and properties enumerated in the Constitution exempted from taxation. • Legislative exemption from taxation must be with concurrence of the majority of the Members of Congress. • Non-impairment of Contracts. • • • •

What is meant by public purpose? Public purpose as used in taxation has a specific reference to objects for which the government is to provide. Also, a place in which the public has an interest as affecting the safety, health and morals and welfare of the community.

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How does the government tax the people? Explain the territorial concept of taxation. Since taxation is a prerogative exercisable by the legislature, tax laws, like any other law, must operate only within the territorial limits of the enacting authority. It cannot extend beyond its boundaries except under certain circumstance. Explain the concept of uniformity in taxation. A tax is considered uniform when it operates with the same force and effect in every place where the subject may be found.

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Equality and uniformity means... Equality and uniformity in taxation means “that all taxable articles or kinds of property of the same class shall be taxed at the same rate.”


The taxing power has the authority to make reasonable and natural classification for purposes of taxation. What is double taxation? Double taxation means that one person or any subject of taxation shall directly contribute twice to the same burden while other subjects of taxation belonging to the same class are required to contribute but once. What are the requisites of double taxation? The taxpayer is tax twice in the same taxable period for the same subject matter. The tax imposed by the same government or jurisdiction. NON-IMPAIRMENT OF CONTRACTS Section 10 provides that: “No law impairing the obligation of contracts shall be passed.”

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What is a contract? A contract is a law between the parties. Every person has the right to enter into a lawful contract which is part and parcel of the liberties of the people. Can lawful contracts be altered by the government? Lawful contract entered into by any person cannot, by whims and caprices, be altered by the government unless dictated by the highest interest of the nation. Thus, even a lawful contract must yield to the police power of the state in the interest of public health, public safety, moral and general welfare. What is the purpose of the non-impairment of contract clause? To safeguard the integrity of valid contractual obligations against unwarranted intrusion or interference by the State?

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What contracts are protected by the non-impairment clause? The word “contract” means “a lawfully binding agreement in respect to property, either expressed or implied, executory or executed, between parties, or between the State and a private party, or charter, or franchise from the State.” When is there an impairment of contract? • A party is deprived of the benefits of the contract. • A law takes away from a person the rights accruing to him by virtue of such contract. • The statute alters the terms and conditions of the contract by adding new duties or terms or lessening the burden of one of the parties. When may a contract, notwithstanding its validity, be impaired? • Police Power • Eminent Domain or Taxation

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• When the right to impair is reserve. FREE ACCESS TO COURTS Section 11 “Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.” The 1987 Constitution has expanded the privilege of the poor to accessibility not only to courts but now includes quasijudicial bodies. A poor litigant is entitled to free and adequate legal assistance. In criminal cases, the court is mandated to appoint a counsel de officio if the accused cannot afford to engage the services of a counsel de parte. In quasi-judicial bodies, a pauper litigant may avail of the services of government lawyers under the Public Attorney‟s Office.

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RIGHT TO BE INFORMED TO SILENCE AND COUNSEL Section 12 provides that: “Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent, and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.” “No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.” “Any confession or admission obtained in violation of this or Section 17 hereof, shall be inadmissible in evidence against him.”

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“The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices and their families.” When did the Miranda Doctrine came into Philippine jurisdiction? The right of a person to be assisted by counsel when under investigation for the commission of an offense is of American rootage and found its way in this jurisdiction on January 17, 1973, the day the 1973 Constitution took effect. The Miranda Rule was constitutionalized in 1973 by providing therein that “any person under investigation for the commission of an offense shall have: • the right to remain silent; • the right to have a competent and independent counsel preferably of his own choice; • to be informed of such right.” May all the rights under Sec. 12 be waived?

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No. Only the right to remain silent and to be assisted by counsel can be the subject of a waiver provided that it is in writing and in the presence of counsel. The right to be informed cannot be waived. When does the right to counsel start? The right to counsel begins when a person is taken into custody to answer for the commission of an offense. Incustody interrogation is regarded as the commencement of adversary proceedings against the suspect. The right to counsel attaches only upon the start of the investigation, that is, when the investigating officers start to ask questions to elicit information and/or confessions or admissions from the accused. What is the rationale behind the right to counsel? The rationale of the right to counsel during custodial investigation is to preclude the slightest coercion as would lead the accused to admit something that is false.

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What is meant by “custodial investigation?” Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. RIGHT TO BAIL Section 13 reads as follows: “All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.” The right to bail is corollary to the right of the people to liberty. Bail is a matter of right to all persons before final conviction except those charged with offenses punishable by reclusion perpetua.

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Offenses under R.A. 6968 dated October 24, 1990 carry a penalty of reclusion perpetua: • • • • • •

murder rape rebellion treason parricide kidnapping

Offenses not entitled to bail: R.A. 7659, under Heinous Crimes Law are not entitled to bail except possession or use of prohibited drugs which is based on quantity. What is bail? Bail is the security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions therein specified.

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What is the purpose of the bail? Its purpose is to relieve an accused from imprisonment until his final conviction and to secure his appearance in court. May the right to bail be exercised even if the writ of habeas corpus is suspended? Yes. The inviolable rule now under the 1987 Constitution is that the right to bail is exercisable even when the privilege of the writ of habeas corpus is suspended. When is an accused entitled to bail as a matter of right? All persons in custody shall:  before and after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and  before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment be admitted to bail as a matter of right with

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sufficient sureties, or be released on recognizance as prescribed by law or this rule. When is bail a matter of discretion?  Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment, the court, on application, may admit the accused to bail.  The court, in its discretion, may allow the accused to continue on provisional liberty under the same bail bond during the period to appeal subject to the consent of the bondsman.  If the court imposed a penalty of imprisonment exceeding six (6) years but not more than twenty (20) years, the accused shall be denied bail, or his bail previously granted shall be cancelled, upon showing by the prosecution, with notice to the accused of the following or other similar circumstances:  That the accused is a recidivist, quasi-recidivist, or habitual delinquent or has committed the crime aggravated by the circumstance of reiteration;

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 That the accused is found to have previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification;  That the accused committed the offense while on probation, parole or under conditional pardon;  That the circumstance of the accused or his case indicate the probability of flight if release on bail; or  That there is undue risk that during the pendency of the appeal, the accused may commit another crime. May a person who is charged with an offense punishable by reclusion perpetua and where evidence of guilt is strong be totally denied the right to bail? As a rule, a person who is charged with an offense carrying the penalty of reclusion perpetua and where the evidence of guilt is strong cannot exercise the right to bail, EXCEPT for humanitarian health reasons which is addressed to the discretion of the courts.

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Is the right to bail available to military personnel who are deprived of their liberty or are otherwise in the custody of the law? No. The unique and traditional structure of the military exempts the military personnel thereof from the coverage of the Bill of Rights. THE RIGHTS OF THE ACCUSED Section 14 provides that: “No person shall be held to answer for a criminal offense without due process of law.” “In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard himself and counsel, to be informed of the nature and the cause of the accusation against him, to have a speedy, impartial and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of the witnesses and the production of evidence in

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his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.” What does the due process in Section 14 mean? The due process clause in Sec. 14 may be interpreted to mean all the rights available to the accused from the time a complaint or information is filed against him in court imputing the commission of an offense up to the time that he is finally convicted. Necessarily, therefore, the rights must be subdivided into:  rights before trial,  rights at the trial and  rights after trial. Rights Before Trial

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• Preliminary Investigation • Right to Counsel


• Right to Bail • Accused conveyed the Miranda Rights • Right against self-incrimination Preliminary Investigation After a complaint has been filed against an accused and before his arrest, he is entitled to a preliminary investigation to determine whether there is a sufficient ground to engender a well-founded belief that a crime imputable against the accused has been committed. Right to Counsel A person who is arrested in flagrante or surrenders to the authorities is entitled to counsel from the moment of the arrest or surrender and he may not be asked questions in connection with the offense without the assistance of counsel as custodial investigation is deemed to have started.

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Right to Bail Upon the arrest of the accused, he may exercised his right to bail as long as the offense committed is not punishable by reclusion perpetua and the evidence of guilt is strong. • If the accused is arrested in virtue of an irregular warrant, he may ask for its quashal. • If the accused is unable to post the required bail and is detained, he is entitled to be visited by his counsel or any member of the bar upon request of any person made in his behalf. • The accused may confer privately with his counsel at any hour of the day or in urgent cases, of the night. Accused conveyed the Miranda Rights During custodial investigation, the accused may be conveyed the Miranda Rights --- his right to remain silent and the services of a competent and independent counsel of his own choice, or, if he cannot afford the services of one, the government must provide him with counsel. His right to

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remain silent and to counsel cannot be waived unless it is in writing and in the presence of counsel. Right against self-incrimination Also during in-custody investigation, the accused may properly invoke his constitutional right against self – incrimination. Additionally, during custodial investigation, a confession may not be extracted from him with the use of violence, force, threat, intimidation or any other means which vitiate consent. Any confession secured from the unwilling lips of the accused is inadmissible in evidence. During his interrogation, the accused may not be placed in secret detention places, solitary or incommunicado or other similar forms of detention. Rights of the Accused at Trial

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• Presumption of Innocence • The Right to be Heard and Counsel • Nature and Cause of Accusation


• • • •

Right to Speedy, Impartial and Public Trial Right to Confrontation Compulsory Process Trial in Absentia

Presumption of Innocence Notwithstanding the filing of a case against the accused in Court, the Constitution presumes him to be innocent until the contrary is proved. The rule is: innocence and the exception is guilt --- pronouncement beyond reasonable doubt.  One who alleges must prove… A maxim in law that underscores the presumption of innocence is --- he who alleges must prove. Thus, this strict standard is deemed not satisfied simply because the accused has submitted an implausible defense, because the prosecution must rely on the strength of its evidence and not on the weakness of the defense. The burden of proving the guilt of the accused beyond reasonable doubt is addressed to the prosecution.

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How can the constitutional presumption of innocence be overcome? The presumption of innocence rule can only be overcome by the strongest evidence removing all doubts about one‟s guilt or pleads guilty in open court. The right to be presumed innocent must be offset by guilt beyond reasonable doubt. It is a cardinal rule in our criminal justice system that to deprive a person of his precious life or liberty, the evidence against him must stand the crucible test of reasonable doubt to overcome the constitutionally guaranteed presumption of innocence rule. What is the basis of the right to be presumed innocent? The presumption of innocence founded on the principle of justice is intended not to protect the guilty but to prevent, as far as human agencies can, the conviction of an innocent person. It is an absolute protection against conviction and punishment except, first, on confession in open court and, second, on proof of guilt beyond reasonable doubt.

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How may the presumption of innocence be overcome in criminal cases? The presumption of innocence of the Constitution may only be overcome if the accused pleads guilty in open court or his guilt proven beyond reasonable doubt. Any doubt as to the guilt of the accused must be resolved in his favor and against the State. Accusation is not synonymous with guilt Who has the duty of overcoming the presumption of innocence clause that is constitutionally assigned to the accused? The Prosecution. “Accusation is not, according to the fundamental law, synonymous with guilt.” It is incumbent on the prosecution to demonstrate that culpability lies. There is need, therefore, for the most careful scrutiny of the testimony of the State, both oral and documentary, independently of whatever defense offered by the accused. It is thus required that every circumstance favoring his innocence be duly taken

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into account. The proof against him must survive the test of reason, the strongest suspicion must not be permitted to sway judgment. The conscience must be satisfied that on the defendant could be laid the responsibility for the offense charged; that not only did he perpetrate the act but that it amounted to a crime. Calling the accused first to prove selfdefense violates presumption of innocence rule. Nature and Cause of Accusation The right to know the nature and the cause of accusation is strengthened in the Rules of Court by directing that the accused be arraigned in open court by the judge or clerk by furnishing him a copy of the complaint or information with the list of witnesses and reading the same in a language or dialect known to him and asking him to enter a plea. Arraignment After the case has been filed in court, the accused is entitled to know the nature and the cause of the accusation against him. This is known as the arraignment where the accused is

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furnished a copy of the complaint or information with the list of witnesses indicated therein and reading in open court the accusation against him in a language or dialect known to him. At this stage, the accused may plead guilty or not. Right to be heard and counsel After the accused shall have entered a plea, the litigation process starts. During the trial, the accused is entitled to be heard by himself and counsel. Where the accused cannot afford the services of counsel de parte, the court is under obligation to appoint a counsel de officio.The Constitution ordains that the accused has the right to be heard by himself and counsel. The right to be heard is not only available to the accused but likewise to the State. Depriving the latter of such right amounts to a denial of due process. “In criminal cases there can be no fair hearing unless the accused be given an opportunity to be heard by counsel. The right to be heard would be of little avail if it does not include the right to be heard by counsel. Even the most intelligent or educated man have no skill in the science of the law,

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particularly in the rules of procedure, and, without counsel, he may be convicted not because he is guilty but because he does not know how to establish his innocence.” The Rules of Court command the judge that before arraignment, he shall inform the accused of his right to counsel and shall ask him if he desires to have one. And unless the accused is allowed to defend himself in person or engage the service of a lawyer of his choice, the judge shall appoint a counsel de officio. Can the accused defend himself personally? Yes. The accused may be allowed to defend himself personally when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel. Right to Speedy, Impartial and Public Trial The accused during trial of his case is entitled to a speedy, impartial and public trial, to meet the witnesses face to face and to have compulsory process to secure the attendance of the witnesses and the production of evidence in his behalf. The right of the accused to be presumed innocent until the contrary is proved would greatly be impaired if the accused is

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not afforded the right to speedily vindicate himself in the forum where he is accused of a crime. Absent such right to speedy trial, the accused will be placed in limbo as his case will remain unresolved perpetually because of unnecessary and oppressive delays. What rights of the accused may be invoke to speed up the disposition of his case? Thus, the accused may move to speed up the disposition of his case by invoking his right to speedy trial and if his prayer is unheeded, he may avail of habeas corpus, as remedy if restrained of his liberty, or by certiorari, prohibition, or mandamus for the final disposition of his case. If, however, the accused deliberately resorts to tactical maneuvers to delay the early disposition of the case, the State is equally armed with the right to invoke its right to speedy disposition of cases before judicial bodies under Section 16, Article III of the Constitution or proceed with the trial in absentia. What is meant by speedy trial?

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Speedy trial is defined as one that is free from vexatious, capricious and oppressive delays, its salutary object being to assure that an innocent person may be free from the anxiety and expense of a expense of a court litigation or, if otherwise, of having his guilt determined within the shortest time compatible with the presentation and consideration of whatever legitimate defense he may interpose. What is the test in determining whether there is a violation of the right to speedy trial? The Supreme Court held that the test of violation of the right to speedy trial has always been to begin counting the delay from the time the information is filed in court and must take into consideration the following circumstances:

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1)the conduct of both the prosecution and the defendant; 2)length of delay; 3)reason for the delay; 4)defendant‟s assertion or non-assertion of his right; and 5)prejudice to the defendant‟s right to speedy trial.


Is the right to speedy trial available only in criminal proceedings? No. All persons have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. What remedies are available to a person whose right to speedy trial is violated? • Habeas corpus – if the accused is restrained of his liberty. • Certiorari, prohibition or mandamus for the final adjudication of the case. What is the meaning and extent of public trial? It is the right to be heard held openly and publicly to see that fair play is done to the accused in order to keep judges alive to their responsibilities. It is not necessary that the whole of the public be admitted. It is sufficient that the friends of the accused, his relatives and others who may want to watch the

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proceedings, in order to see if justice is intelligently and impartially administered, are given the opportunity to witness the proceedings. When may the public be excluded from the courtroom without violating the right of the accused to a public trial? The court may, motu propio, exclude the public from the courtroom if the evidence to be produced during the trial is of such a character as to be offensive to decency or public morals. The court may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. Right to Confrontation The right of the accused to confront the witnesses against him is an imperative part of due process. It includes the right to cross-examine the witnesses, violation of which amounts to a transgression of one‟s right to due process. It is a fundamental right not only invocable in criminal proceedings

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but also in civil as well as administrative proceedings with quasi-judicial powers. A dying declaration made by a person under a consciousness of an impending death is not only an exception to the constitutional right of the accused to confront and cross-examine the witness against him but also admissible as an exception to the hearsay rule. What are the two-fold purposes of the right of confrontation as applied to criminal proceedings?

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• First and primarily, to secure the opportunity of crossexamination; and • Secondly, to obtain the benefit of the moral impact of the courtroom atmosphere as it affects the witness‟s demeanor. Otherwise stated, it insures that the witness will give his testimony under oath, thus deferring lying by the threat of perjury charge; it forces the witness to submit to crossexamination, a valuable instrument in exposing falsehood and bringing out the truth; and it enables the court to


observe the behaviour or demeanor of the witness and assess his credibility. Is the right to confrontation available in preliminary investigation? No. The constitutional right of an accused to confront the witnesses against him does not apply to preliminary hearings; nor will the absence of a preliminary examination be an infringement of his right to confront the witnesses. May the right to cross-examine be waived? Yes. The right to cross-examine is a personal right which may be waived expressly or impliedly by a conduct amounting to a renunciation of the right of cross-examination. Thus, where a party has had the opportunity to cross-examine a witness but failed to avail of it, he necessarily forfeits the right to cross-examine and the testimony given on direct examination of the witness will be received or allowed to remain in the record.

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What is the scope of cross-examination? A witness may be cross-examined by the adverse party not only to matters stated in the direct examination but also as to any matter connected therewith. He should be allowed to cross-examine with sufficient fullness and freedom to test the witness‟s accuracy, truthfulness and freedom from interest or bias and also to elicit from him any important fact bearing upon the issue. Compulsory Process Will an accused be helpless to secure the attendance of witnesses in his behalf and to obtain evidence favorable to him which are in the possession of third persons? The answer to the question is in the negative. Section 1(g) of Rule 115 of the Rules of Court complements the constitutional provision on the right of the accused to have compulsory process to secure the attendance of the witnesses and the production of other evidence in his behalf.

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The right may be exercised by the accused through a motion addressed to the court for the issuance of a: • subpoena testificandum for persons to testify in his behalf, or • subpoena duces tecum for the production of documents or papers in the possession of third persons. What is the purpose of the right of the accused to compulsory process? The constitutional right of the accused to compulsory process which includes the attendance of witnesses and production of evidence in his behalf is intended to assure a full and unimpeded opportunity for him to meet what in the end could be a baseless accusation. Trial in Absentia Where, therefore, an accused escaped from confinement, his trial will continue as long as the three (3) indispensable

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elements of trial in absentia are met. The escape of a defendant in a criminal case will be considered a waiver of his right to be present at any stage of the proceedings and the inability of the court to notify him of the subsequent hearings will not prevent it from continuing with the trial. He is deemed to have received due notice. What is the purpose of the trial in absentia? The purpose of this rule is to speed up the disposition of criminal cases, trial of which could, in the past be indefinitely deferred, and many times completely abandoned, because of the defendant‟s escaped. What are the requisites of trial in absentia? • that the accused has been arraigned; • that he has been duly notified of the trial; and • that his failure to appear is unjustified. Arraignment is jurisdictional and mandatory. Arraignment is the operative act that gives the court jurisdiction over the

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person of the accused, absence of which is inexcusable and fatal. The Rules of Court require that the accused must be present at the arraignment and must personally enter his plea. Arraignment is the indispensable means of bringing the accused in court and notifying him of the cause he is required to meet. Failure to arraign the accused is a gross violation of his right to due process, and, specifically, the right to be informed of the nature and cause of the accusation against him. Rights of the Accused after Trial  If after trial, the accused is convicted and thus the presumption of innocence is overcome, he is entitled to appeal his case to the appropriate court.  The accused after his conviction is entitled to a right against the imposition of excessive, cruel, degrading or inhuman punishment.  If after trial, the accused is either convicted or acquitted or the case against him dismissed without his consent, he

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enjoys the protection of the double jeopardy clause of the Constitution. HABEAS CORPUS Section 15 provides that: “The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when public safety requires it.” What is habeas corpus? Habeas corpus is a Latin word which literally means “you have the body.” In common usage and whenever these words are used alone, they are usually understood to mean the habeas corpus and subjiciendum which is a writ or order directed to a person detaining another and commanding him to produce the body of the prisoner, or person detained. What is the primary function of the writ of habeas corpus?

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The primary function of the writ of habeas corpus is to release a person from unlawful imprisonment. In Philippine Law, the writ of habeas corpus is classified as a special proceeding which extends to all cases of illegal confinement or detention by which a person who is deprived of his liberty or the rightful custody of any person is withheld from the person entitled thereto. What then is habeas corpus? It is an order issued by a judge to an officer or person commanding him to have the body of the person restrained of his liberty before the court or judge designated in the writ at the time and place therein specified. Who is empowered to suspend the privilege of the writ of habeas corpus and on what grounds? The President is empowered to suspend the privilege on two grounds: The two grounds are:

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• invasion • rebellion which may not extend beyond sixty (60) days from date of suspension extendible upon initiative of the President for a period determined by the Congress if the invasion or rebellion upon which the privilege of the writ was suspended still persists. To whom is the privilege addressed? It is noteworthy to state that in the 1987 Constitution, the suspension of the privilege of the writ of habeas corpus is addressed only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. Any person arrested for such offenses must judicially be charged within three (3) days, otherwise he shall be released. What are the limitations on the President’s power to suspend the privilege of the writ of habeas corpus? The suspension of the privilege must not exceed sixty (60) days. Congress may revoke the suspension made by the President by at least a vote of the majority of the members of

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Congress, voting jointly, which revocation may not be set aside by the President. The suspension of the privilege is subject to judicial review upon petition by any citizen. The suspension of the privilege shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. Persons or detained or arrested during the suspension of the privilege shall be judicially charged within three (3) days otherwise he will be released. RIGHT TO SPEEDY DISPOSITION Section 16 provides that: “All persons shall have the right to speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies.” Is the right to speedy trial quantifiable?

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The right to speedy trial is not quantifiable. At best, the constitutional right to speedy trial is relative and consistent with reasonable delays taking into account the circumstances of each case. What is the difference between “speedy trial” in Sec. 14(2) and “speedy disposition” of cases in Sec. 16? Sec. 14(2) is specifically addressed to criminal prosecutions which are at the trial stage. Sec. 16 covers all phases of the proceedings, whether judicial, quasi-judicial or administrative. Speedy disposition is broader in concept than speedy trial. What is meant by “speedy disposition” of cases as employed in Sec. 16? Like speedy trial, the phrase speedy disposition is beyond quantification. It cannot be measured in terms of days, months or even years. It should be given a relative concept, consistent with reasonable delays, taking into account the circumstance of each case.

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RIGHT AGAINST SELF-INCRIMINATION Section 17 provides that: “No person shall be compelled to be a witness against himself.” What is the basis of the right against self-incrimination? A Philippine case, circa 1904, chronicled the genesis of the right against self-incrimination saying that it is “older than the government of the United States” designed as a “protest against the inquisitorial methods of interrogating the accused person.” Why was the right against self-incrimination adopted in the country? It was adopted in this jurisdiction to “wipe out such practices as formerly prevailed in these islands of requiring accused persons to submit to judicial examinations and to give

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testimony regarding the offense with which they were charged.” Where did the right against self-incrimination originated? “Nemo tenetur seipsum accusare” (no one is bound to accuse himself) is of Anglo-American origin invented to erect additional barriers for the protection of the people against despotic and arbitrary use of powers. From what grounds is the right against self-incrimination established? The right against self-incrimination is mandatory and a substantive right established on broad grounds of public policy and humanity. POLICY, because, it would place the witness against the strongest temptation to commit perjury. HUMANITY, because it would be to extort a confession of truth by a kind of duress every specie and degree of which the law abhors.

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Thus, no word must be extracted from the very lips of the defendant. It is his right to remain silent. Any involuntary extraction from the accused is repugnant to the Constitution and decrees that any evidence obtained in violation of this rule is inadmissible. What is self-incrimination? It is based on the Constitutional injunction that no person shall be compelled to be a witness against himself. This is echoed in the Rules of Court intoning that the accused be exempt from being compelled to be a witness against himself. What is the purpose of the privilege? It is to prohibit the inhuman and obnoxious procedure of compelling a person to furnish the missing evidence necessary for his conviction. The intention of the constitutional privilege is to shield the guilty and imprudent as well as the innocent and foresighted. Is the privilege available only in criminal proceedings?

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No. It is available to all kinds of proceedings. What does the word “compulsion” as used in the privilege connote? Compulsion does not necessarily connote the use of violence; it operates to overbeat his will from making a free rational choice, or impair his capacity for rational judgment would be sufficient. Moral coercion tending to force testimony from the unwilling lips of the defendant is also included within the meaning of compulsion. FREEDOM OF POLITICAL BELIEFS AND INVOLUNTARY SERVITUDE Section 18 provides that: “No person shall be detained solely by reason of his political beliefs and aspirations. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.”

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Political Belief Indeed, nobody should be detained solely by reason of his political beliefs and aspirations. Belief exists only in the mind. How can one be detained for his political belief when belief is infinite and illimitable? Can the government arrest and detain the illimitable existing only in thoughts? This provision of the 1987 Constitution is perhaps influenced by the victims of harassments and intimidations during the Martial Law administration and the authors of the constitution responded with cavalier attitude oblivious of the Salonga Doctrine (February 18, 1985) where the court ruled in clear and indubitable term: “No man deserves to be punished for his thought” (Cogitationis poenam nemo meretur). If the political belief is, however, translated into action and its actualization transgresses existing laws, then perforce the act must be punished for no man is above the law.

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Involuntary Servitude The Constitution prohibits an individual to be forced to render service against his will. This right is interlaced with the right to liberty. Liberty includes the right to live and work where one wills. Involuntary servitude is a condition where one is compelled against his will to work or labor for another whether he is paid or not. What is meant by involuntary servitude? It is a condition of enforced compulsory service of one to another.  Slavery which is the state of entire subjection of one person to the will of another.  Peonage which is a condition of compulsory service based on the indebtedness of the peon to the master. What is the nature and purpose of the prohibition?

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The prohibition is a charter of universal civil freedom for all persons of whatever race or color without discrimination. The clear import of the injunction is to abolish slavery of whatever name or form and all its badges and incidents to render impossible any state of bondage to make labor free, by prohibiting that control which the personal service of one man, is disposed of or coerced for another‟s benefit which is the essence of involuntary servitude. When may involuntary servitude be permissible?  May be imposed as a punishment for a crime whereof the party shall have been duly convicted.  In defense of the state.  Posse Comitatus (Power of the Country)  Compulsory service on vessels during the life of a contract or voyage. RIGHT AGAINST EXCESSIVE FINES Section 19 provides that:

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“Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.” “The employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.” The “no excessive and cruel punishment” clause of the 1987 Constitution is more expansive that both the 1935 and 1973 Constitutions. When is a punishment said to be cruel? A punishment is said to be cruel coming within the proscription of the Constitution if it is “flagrantly and plainly oppressive, wholly disproportionate to the nature of the offense as to shock the moral sense of the community.”

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Punishments are said to be cruel when they involve torture or lingering death. NON-IMPRISONMENT FOR DEBT AND POLL TAX Section 20 provides that: “No person shall be imprisoned for debt or non-payment of a poll tax.” Who transported the provision in this jurisdiction? The provision of the Constitution enjoining the nonimprisonment of any person for debt or non-payment of poll tax was transported in this jurisdiction by the Americans when they came to our shores. Its availability as a right commenced during the early part of the 19th century in the various states of the American Union as a consequence of the people‟s revulsion at the cruel and inhuman practice which permitted creditors to cause the incarceration or imprisonment of debtors who could not pay their debts.

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Kinds of liabilities? • Actions ex-delicto are those which grow out of or are founded upon a wrong or a tort. • Actions ex-contractu are those rights or causes of action arising out of contract. What is “debt” as employed in the Constitution? It is a liability arising from action ex-contractu and excludes obligation arising from action ex-delicto. What is a poll tax? It is a tax of fixed amount upon all persons, or upon persons of certain class, resident within a specific territory, without regard to their property or the occupation which they may be engaged. RIGHT AGAINST DOUBLE JEOPARDY Section 21 provides that:

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“No person shall be twice put in jeopardy of punishment for the same offense. If an act is punish by a law and an ordinance conviction or acquittal under either shall constitute a bar to another prosecution for the same act.” “In the beginning was the world and the world shall end….” That there is always a beginning is an inflexible rule. Necessarily, there must also be an end. This universal rule applies to all. A life story unfolds beautifully but may end painfully. Conversely, a man‟s life may begin sadly but ends joyfully. Yes, where there is a beginning there must be an ending. The universality of this maxim however finds no application to the Greatest Master-Creator when he said: “I am the alpha and the omega, the beginning and the ending, the first and the last.” Like life, all proceedings, whether judicial, quasi-judicial or administrative cases, must have a starting point and terminal point. In judicial proceedings, either civil or criminal, an action commenced with the filing of the complaint or information in

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court and a case is deemed terminated upon the finality of the judgment. The doctrine of res adjudicata, operates to foreclose any reinstatement of a civil case after the judgment has become final and executory. In civil law, for res adjudicata to apply, the following elements must be present:  the former judgment must be final  must be rendered by a court of competent jurisdiction  must be a judgment on the merits  there must be between the first and second actions identity of parties, subject matter and cause of action. The doctrine of finality of judgments extends not only to courts but likewise to executive agencies performing quasijudicial functions. In criminal law, when the accused is either acquitted (autre fois acquit), or convicted (autre fois convict), or the case against him is dismissed or otherwise terminated without his express consent, by a court of competent jurisdiction, upon a

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valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charged, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the same offense. Double jeopardy can validly be invoked to defeat a second prosecution for the same offense. Is double jeopardy applicable to administrative cases? Double jeopardy is addressed exclusively to criminal offenses. It is a right which is available to avoid a second jeopardy involving the same offense. Where an act results in the commission of two or more violations of criminal laws, legal jeopardy is unavailable as a defense to avail of a second prosecution. What is double jeopardy? its purpose? Double jeopardy is described as a rule of finality, the laudable purpose of which is to put to rest the effects of the first prosecution. The Supreme Court underlined the rationale of

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the rule on double jeopardy as a safeguard, without which, the accused would be placed entirely at the mercy of the complainant of a never-ending charge which the complainant may indefinitely hold. How is double jeopardy expressed? Double jeopardy is expressed in the maxim “nemo debet bis vexari pro eadem causa (no man shall be twice vexed for one and the same cause. What are the requisites for the valid interposition of double jeopardy? In order that the accused may be spared the agony of being subject to another trial and punishment for the same offense, it is necessary that the following requisites must concur for double jeopardy to attach:

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1. a valid complaint or information 2. a court of competent jurisdiction 3. the accused has pleaded guilty to the charge


4. the accused has been acquitted or the case dismissed or terminated without his express consent. When is an information or complaint sufficient? An indictment is sufficient in form and substance if the complaint or information is: • in writing, in the name of the People of the Philippines • subscribed by the offended party, any peace officer or public officer charged with the enforcement of the law violated. • in accordance with the elements of sufficiency of complaint or information enumerated in Sec. 6, Rule 110. What are the tests in determining when double jeopardy attaches? The general rule is that the constitutional protection against double jeopardy is available where the second prosecution is for the same offense. Conversely, the right is unavailable

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where the second offense is different from the first offense, although the first and the second offenses may be based upon the same act. The second sentence of Sec. 21, Art. III is the exception to the rule above-articulated. Thus, the protection against double jeopardy is available although the prior offense charge under an ordinance be different from the offense charge under a national law or statute as long as both offenses spring from the same act or set of acts. EX POST FACTO LAW AND BILL OF ATTAINDER Section 22 provides that: “No ex post facto law or bill of attainder shall be enacted.” Ex Post Facto Law The ex post facto clause of the Constitution is particularly addressed to criminal laws or punitive statutes only. The peculiar feature of an ex post facto law is the imposition of punishment for previous acts which at the time of its commission are not punishable. A law may be given

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retroactive effect in civil cases provided it is curative but the retroactive application of criminal cases is absolutely prohibited unless favorable to the accused. What is an ex post facto law? The more comprehensive meaning of an ex post facto law is found in the pronouncement of the Supreme Court in Re: Kay Villegas Kami, Inc. (35 SCRA 429 – 431, Oct. 22, 1970):

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 makes criminal an act done before the passage of the law which then was innocently performed  aggravates a crime or makes it greater than when it was committed  changes the punishment and inflicts a greater one when it was committed  alters the legal rules of evidence and authorizes conviction upon less or different testimony than what the law required at the time of the commission of the offense  assuming to regulate civil rights and remedies only which, in effect, imposes penalty or deprivation of a right from something which when done was lawful


 deprives a person accused of a crime of some lawful protection to which he was entitled to like protection of a former conviction or acquittal, or a proclamation of amnesty. What are the characteristics of an ex post facto law? • it refers to criminal laws • the law is retroactive • its enforcement is prejudicial to the accused. Bill of Attainder A bill of attainder is a legislative act which inflicts punishment without judicial trial (trial by legislation). Its singular mark is substitution of legislative punishment in lieu of a judicial determination of guilt. Here, Congress practically usurps a judicial function and thus a very serious affront to the doctrine of separation of powers. What is the purpose of enjoining Congress not to enact a bill of attainder?

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To respect the principle of separation of powers between the legislative and judicial branches of the government.

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Article IV CITIZENSHIP Realistically viewed, the most important element of a state is the people, the aggregate of its citizens or subjects. As set forth in the Declaration of Principles, the Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them. Thus, the Filipino people compose the Republic of the Philippines. What is citizenship? Citizenship – is a membership in a political community which is personal and more or less permanent in character. What is a citizen? Citizen – refers to a member of a political community having the right to exercise all the political and civil privileges accorded to its members. A citizen of a given state or country is one who owes allegiance and is entitled to its protection

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from the basis of legal and political conception of citizenship. Citizenship is a political status. The citizen must be proud of his citizenship. He should treasure and cherish it. The question of citizenship in a national is of the most vital importance. It is a precious heritage, as well as an inestimable acquisition. What is nationality? Nationality – is a membership in any class or form of political community. Thus nationals may be citizens or subjects. Nationality does not necessarily include the right or privilege of exercising civil or political rights. Citizen distinguish with subject: • A citizen is a member of a democratic political community. • A subject is a member of a monarchial political community. Modes of acquiring citizenship

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• Jus Sanguinis – acquisition of citizenship through blood relationship. • Jus Soli or Jus Loci – acquisition of citizenship on the basis of place of birth. • Naturalization – the admission of a foreign subject or citizen into the political body of a nation and bestowing upon him of the quality of a citizen. What is the mode of acquiring citizenship in the Philippines? Among the different modes, in the Philippines we observed the principle of Jus Sanguinis or by blood relations. Thus, under Sec. 1(2), Art. IV, those whose fathers or mothers are citizens of the Philippines. Under this rule, it means that “if a child is born under the 1973 or 1987 Constitution and either father or mother is a Filipino citizen at the time the child is born, the child is Filipino citizen no matter where he may be born.” Also by express mandate of the Constitution (Sec. 1(4), Art. IV), the Philippines also provide for naturalization of aliens to become Filipino citizens.

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Who are citizens of the Philippines? Sec. 1, Art. IV of the Constitution enumerates who are citizens of the Philippines: • Those who are citizens of the Philippines at the time of the adoption of this Constitution. Under this, those who are already Filipino citizens at the time the 1987 Constitution was adopted is already deemed Filipino citizen. “The 1987 Constitution took effect on February 2, 1987, the date that the plebiscite for its ratification was held.” • Those whose fathers or mothers are citizens of the Philippines. Under this provision which was bodily lifted from the 1973 Constitution, the child is deemed a Filipino citizen if either the father or mother is a Filipino citizen at the time of its birth unlike in the 1935 Constitution where both parents should be Filipinos.

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• Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. Those born before January 17, 1973 or the date of the adoption of the 1973 Constitution of Filipino mothers are also citizens of the Philippines provided they elect Philippine citizenship upon reaching the age of majority. Today the age of majority is 18, which was lowered down from the previous majority age of 21. • Those who are naturalized in accordance with law. Naturalization is the act of admitting an alien to citizenship. Qualifications for Naturalization: Aliens who desire to become Filipino citizens, that to do so, they must possess all and each of the qualifications for naturalization prescribed under Philippine Law. These qualifications are:

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1. The petitioner must not be less than 21 years of age on the date of the hearing of the petition; 2. He must have, as a rule, resided in the Philippines for a continuous period of not less than ten years; 3. He must be of good moral character, and believe in the principles underlying the Philippine Constitution and must have conducted himself in a proper and irreproachable manner during the period of his entire residence in the Philippines in his relation with constituted government, as well as with the community in which he is living; 4. He must own real estate in the Philippines worth not less than P5,000.00, or must have some lucrative trade, profession or lawful occupation; 5. He must be able to speak and write English or Spanish and any one of the principal Philippine Languages; 6. He must have enrolled his minor children of school age in any of the public or private schools recognized by the DepEd where Philippine History, government and civics are taught or prescribed as part of the school curriculum during the entire period of the residence required of him, prior to the hearing of his petition for naturalization as a citizen.


Disqualification for Naturalization The following cannot be naturalized as Philippine citizens: 1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized governments; 2. Persons defending or teaching the propriety of violence, personal assault, or assassination for the success and predominance of their ideas; 3. Polygamist or believers in the practice of polygamy; 4. Persons convicted of a crime involving moral turpitude; 5. Persons suffering from mental alienation or incurable contagious diseases; 6. Persons who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos; 7. Citizens or subjects of a nation with whom the United Nations and the Philippines are at war;

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8. Citizens or subjects of a foreign country other than the United States, whose law do not grant to Filipinos the right to become naturalized citizens or subjects thereof. Natural-Born Citizens As defined by the Constitution, “a natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.” Those who elect Philippine citizen in accordance with paragraph (3), Sec. 1 of Art. IV shall also be deemed as natural-born citizens. Loss and Re-acquisition of Citizenship Under our Constitution, Philippine citizenship may be lost and reacquired in a manner provided by law. “Commonwealth Act No. 63, as amended by Republic Act No. 106 provides for the manner in which a Filipino citizen may lose his citizenship as well as the manner on how it maybe reacquired. Loss of Citizenship

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Philippine citizenship may be lost: 1. By naturalization in a foreign country. 2. By express renunciation of citizenship. 3. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon reaching the age of 21. 4. By rendering service to or accepting commission in the armed forces of a foreign country. 5. By cancellation of the certificate of naturalization. 6. By having been declared by competent authority a deserter of the Philippine armed forces in time of war. Reacquisition of Citizenship 1. Philippine citizenship maybe reacquired: 2. By naturalization 3. By repatriation 4. By direct act of Congress Effect of Marriage of a Filipino to an Alien

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Filipino citizens, whether male or female who marries an alien or a foreigner does not lose his or her citizenship. However, they do so if by their act or omission are deemed under our law to have renounced their citizenship. Dual Allegiance The Constitution expressly prohibits dual allegiance and declares it as inimical or unfavorable to national interest and shall be dealt with by law. It must be noted that “dual allegiance is not the same as dual citizenship in that dual allegiance has larger, more threatening and insidious implications than dual citizenship which is seldom intentional and is usually but a function of the accident of mixed marriages or of birth on foreign soil.” Review Questions: 1. What is citizenship and distinguish it from nationality? 2. Under the Constitution, who are citizens of the Philippines? 3. Who are deemed natural-born citizens and what is its significance?

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4. Enumerate and explain the different modes of acquiring citizenship. 5. What is Naturalization and what are the qualifications for naturalization? 6. When may citizenship be lost?

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Article V Right to Suffrage In the scheme of our present republican government, the people are allowed to have a voice therein through the instrumentality of suffrage to be availed of by those possessing certain prescribed qualifications. What is suffrage? Art. V of the Constitution provides for the right of suffrage, which “is the right to vote in the election of all officers chosen by the people, and in the determination of all questions submitted to the people.” Traditionally, suffrage “is a political right enabling every citizen to participate in the process of government to assure that it derives its power from the consent of the governed.” Alongside, with this, it shall be the obligation of every citizen qualified to vote to register and cast his vote. What is the purpose of suffrage?

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The “fundamental purpose of popular suffrage: that of giving effect to the will of the people as freely and clearly expressed in the ballots.” Nature of the Right to Suffrage In the Philippines, suffrage is not a natural right, but a privilege which maybe enlarged or restricted, granted or withheld by the State. It is a function of government. Suffrage is a privilege granted by the State to such persons or classes of persons as are most likely to exercise it for the public good. For reason of public policy, certain classes of persons are excluded from the franchise, such as minors, idiots, paupers and convicts. Scope of Suffrage

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• Election – the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being, as their Representatives the exercise of the powers of government.

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• Plebiscite – is the submission of constitutional amendments or important legislative measures to the people for ratification. • Initiative – is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose. There are three (3) systems of initiative, namely: • Initiative on the Constitution – which refers to a petition proposing amendments to the constitution. • Initiative on Statutes – which refers to a petition proposing to enact a national legislation. • Initiative on Local Legislation – which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance.  Referendum – is the power of the electorate to approve or reject a legislation through an election called for the purpose.


It may be of two (2) classes, namely: Referendum on Statutes- which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress. Referendum on Local Law – which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies.  Recall – it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. Qualification of Voters: It is elemental that not all citizens of a country enjoy all the rights and privileges of a citizen. The right of suffrage is one of the functions that all citizens can exercise, but not all

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citizens are entitled to vote or to become candidates for a public office. Hence, the qualifications for voters are: He must be: • a citizen of the Philippines (male or female) • not otherwise disqualified by law • at least eighteen years of age shall have resided in the Philippines for at least one (1) year and in the place wherein he propose to vote for at least six (6) months immediately preceding the election. • The Constitution enumerates and fixes the qualifications of those who may exercise the right of suffrage, the legislature cannot take nor add to said qualification unless the power to do so is conferred upon it by the constitution itself. • It must be observed that the Constitution expressly provides that “no literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.”

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• In the past, there was a substitute requirement of cedula so that one can vote. • This is actually a property requirement which means that if you are poor and you have no cedula, you cannot vote. • This prerequisite has been eliminated by the present Constitution. Persons Disqualified to Vote Suffrage is a privilege granted by the State to such person or classes as are most likely to exercise it for the public good. For reasons of public policy, certain classes of person are excluded from. The following shall be disqualified from voting:

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 Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty. Provided, however, that any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration


of five years after service of sentence. The right of the State to deprive persons of the right of suffrage by reason of their having been convicted of crime, is beyond question. The manifest purpose of such restriction is to preserve the purity of elections.  Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms law, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Provided, that he shall regain his right to vote automatically upon expiration of five years after service of sentence.  Insane or incompetent persons as declared by competent authority. It must be noted that it is not “enough that a person has all the qualifications in order that he can vote.” It is still necessary that he must be registered in the list of voters.

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Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements set by the fundamental charter, is obliged by law to register, at present under the provisions of Republic Act 8189, otherwise known as the “Voter Registration Act of 1996.” Review Questions:

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1. What is the right to suffrage? 2. Under the Constitution, what is the nature of the right to suffrage? 3. What are the scopes of suffrage? Explain 4. Enumerate and explain the qualifications of voters. 5. What are the three systems of initiative? Explain each. 6. Who are persons disqualified to vote? Explain your answer.


Article VI Legislative Department Congress and Legislative Power Our government is a tripartite system of government composed of the three great branches: • Legislative Department • Executive Department • Judicial Department They are independent but coordinate departments and the powers of the government have been carefully apportioned between these three distinct departments. What is the first branch of the government? The first branch, the legislative department --- more popularly known as Congress was granted by our Constitution the exercise of the legislative power.

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What is Legislative Power? Legislative power is the authority, under the constitution, to make laws, and to alter and repeal them. Hence, “the lawmaking authority of the government of the Philippines” is Congress. Congress plays a crucial role in our government. We are a democratic republic, not because we have an elected President or an independent judiciary, but because we freely elect the men and women to govern in our name in Congress. What are the two houses of the Congress of the Philippines? The Congress of the Philippines under the 1987 Constitution is a bicameral (Bicameralism) congress, consisting of a twohouse legislature: Upper and Lower Houses Distinguish bicameral from unicameral congress

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• Bicameral congress is a two-house congress (Senate and House of Representatives)


• Unicameral legislature is congress where there is only one body. • This was a restoration of the bicameral legislature under the 1935 Constitution that was changed into a unicameral congress under the 1973 Constitution (National Assembly). What are the advantages and disadvantages of a bicameral legislature? Bicameral legislature has certain advantages as well as disadvantages. One of its principal advantage is that the “two houses would produce a healthy check upon each other.” The House of Representatives was expected to reflect the popular will of the average citizen. The Senate was to provide for stability, continuity, and in-depth deliberation. On the other hand, among the disadvantages of such a legislature includes the lack of fast action in legislation because in enacting important measure, it still needs to pass the two chambers and if there are disagreements as to the

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contents of each, it must undergo again another forum --- the bicameral conference committee. Laws Defined Laws refer to the rules and regulations enacted by the legislature to guide our action in society, to govern our relations with our fellow Filipinos and our relation with our government. Nature of the Legislative Power of Congress The nature of legislative power granted to congress is plenary or full, to which all powers necessary to exercise this power is granted “subject only to such limitations, as are found in (the Republic‟s) Constitution. Hence, “any power, deemed to be legislative by usage and tradition is necessarily possessed by the Philippine Congress, unless the Constitution provides otherwise.” The legislative power granted to Congress is to be classified into:

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• Constituent, which is the power to amend and revise the Constitution • Ordinary, which is the power to pass ordinary laws.” However, the grant of legislative power to Congress under the present constitution is distinct from those granted under the previous constitutions. The 1935 and 1973 Constitutions vests to Congress exclusively the exercise of legislative power. The 1987 Constitution grant of legislative power to congress is not exclusive by virtue of the provision on “initiative and referendum” whereby the people can directly propose or reject any act or law or part thereof passed by the Congress. We give emphasis to the fact that we recognize the power of the people to legislate under the concept of initiative and referendum. Composition of the Congress of the Philippines As mentioned earlier, the Congress of the Philippines is a bicameral congress consisting of two bodies/houses: the Senate and the House of Representatives.

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• The Senate is the Upper House • House of Representatives is the Lower House. How are the members of Congress called? The members of the Senate are called Senators. The members of the House of Representatives are called Representatives or Congressmen and sometimes even “Members of Congress.” Senate of the Philippines (Upper House) The Senate is the upper chamber of Congress. We actually looked upon the Senate as the second level to that of the President and the Vice President. Often, the Senate is also looked upon as a training ground for the Presidency. Composition:

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• The Senate consists of 24 members elected at large by qualified voters, which means that they are national elected officials.


• In fixing the composition of the members of the Senate at 24, no consideration has been made in terms of its proportion to the number of population. • The composition of 24 would be sufficient in order, first, to at least attain economy, Senate with only 24 may be able to achieve quality legislation, instead of putting more in the Senate. It may be just another body similar to the Lower House. Qualifications: The qualifications for Senators are the following: • Natural-born citizen of the Philippines; • At least 35 years of age; • Able to read and write; • A registered voter; • A resident of the Philippines for not less that two (2) years. What is a natural-born citizen? We have learned that “natural-born citizens are those who are citizens of the Philippines from birth without having to perform

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any act to acquire or perfect their Philippine citizenship.” This implies that those who are naturalized in accordance with law are not qualified to serve as a member in the Senate. What is the age requirement? As to age requirement, must be 35 years of age or over, which must be possessed on the day of the election, that is, during the casting of votes and not after or much so on the day of the proclamation. Is there any required educational attainment? There is no requirement as to educational attainment such as for example, a college degree or higher, as what is required only is that the candidate must know how to read and write. What is meant by “qualified voter?” They are also required to be registered voters which is “equivalent to the term: qualified voter.” A qualified voter is “one having the constitutional qualifications for the privilege,

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who is duly registered pursuant to law, and has the present right to vote at the election being held.” What is meant by “residency?” And lastly, must be a resident for not less than two years. Residence for election purposes is used synonymously with domicile. It is defined as the permanent home, the place to which, whenever absent for business or pleasure one intends to return. Term of Office: The term of office for Senators is 6 years which shall begin “unless otherwise provided by law” at noon on the 30th day of June after their election. Term of office distinguish from tenure of office: Term of office which refers to the period fixed by the law/constitution during which a member of congress or an elective official will hold office.

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Tenure of office which speaks of the actual number of years during which the official hold the office. It follows that term of office is generally longer than that of tenure of office. Are senators allowed to serve more than two consecutive terms? No senator can serve for more than 2 consecutive terms, and since the term of office is 6 years then what is prohibited under the constitution is more than 12 successive years. What is the purpose of the prohibition? The purpose of this prohibition as to the number of years a person can hold office as senator is to give opportunity to others who are competent and deserving to be elected senator. Is there a limit as to the number of years a person can serve as a senator?

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However, it should be noted that there is no limit as to the number of years a person can serve as Senator. Although he had already served for two continuous terms, he can still run again to the same office provided there is an interval. Is voluntary renunciation of office considered an interruption of service? Voluntary renunciation of office for any length of time, like for example resignation, shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. House of Representatives (Lower House) The House of Representatives consists of men and women who are the elected representatives of the Filipino people. We expect the members of the House “to represent our needs and aspirations and to carry out our desires on matters of national concern.”

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What is the composition Representatives?

of

the

House

of

The House of Representatives is composed of 10 times larger than the membership in the Senate. It is composed of not more than 250 members unless otherwise fixed by law. It consists of two kinds of members, namely: 1. District Representatives Elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila Area. They constitute the majority (80%) of members of the House of Representatives. 2. Party-List Representatives Elected through the party-system of registered national, regional and sectoral parties or organizations. They constitute 20% of the total number of representatives.

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Qualifications for District Representatives:  Natural-born citizen of the Philippines;  At least twenty five years of age;  Able to read and write;  A registered voter in the district in which he shall be elected;  A resident of the district in which he shall be elected for not less than one year. Like senators, district representatives must also be naturalborn citizens and able to read and write. The age requirement is lowered to 25 years, which must be possessed on the day of the election. This will explain why the members of the House are younger than members of the Senate. The constitution also requires that “an aspirant to the House of Representatives be a registered voter in the district in which he shall be elected, a resident thereof for a period of not less than one year immediately preceding the election.” The purpose of this is to prevent “the possibility of a stranger or newcomer unacquainted with the conditions and needs of

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a community and not identified with the latter, from an elective office to serve that community.” What are the Representatives?

qualifications

for

Party-List

The qualifications of party-list representatives are the same as that of the district representatives except a registered voter and resident of the district. Qualifications for Party-List Representatives For party-list representatives, the place of registration to vote and residence can be anywhere in the Philippines. This is because a party-list does not represent a district in the House of Representatives. What is the Term of Office of the members of the House of Representatives? In the 1935 Constitution, the term of office of the members of the House of Representatives was four years and six years

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for the Mambabatas in the Batasang Pambansa under the 1973 Constitution. Term of Office Under the present constitution, the term of office of a congressman is reduced to three years and like a senator, shall commence at noon on the 30th day of June unless otherwise fixed by law next following their election. They can only be elected for three consecutive years or a continuous service of 9 years, however, like Senators, there is no limit as to the number of years a person can hold office as congressman. They can still be elected for the same office, provided there is an interruption after serving for 3 consecutive terms. Apportionment of Legislative Districts What is apportionment of Legislative Districts? Apportionment of legislative districts is dividing provinces, cities and the Metropolitan Manila into legislative districts.

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One District Representative represents a district in the House of Representatives. He represents the people in the district, and as such, acts and speaks on their behalf in the lower chamber of Congress. The ordinance appended to the 1987 Constitution provided for the initial apportionment of legislative districts in the different provinces and cities. Congress is empowered under the constitution to make reapportionment of districts or to increase the number of districts through general apportionment laws provided the following rules laid down under the constitution is observed. What are the rules on the apportionment of legislative districts? Legislative districts shall be apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants, on the basis of a uniform and progressive ratio. What is uniform ratio?

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Uniform ratio means that “each district must be equal in population, or as equal as possible,” thus a congressman represents a territorial unit whose population is roughly similar with each other. What is progressive ratio? Furthermore, apportionment must also be based on progressive ratio, which means that “the increased in population in relation to the size of the House of Representatives must be considered.” Rules on the apportionment on legislative districts Each city with a population of not less than 250,000 shall be entitled to at least one representative and each province, irrespective of population is entitled to one representative. This insures that every province is represented in the House of Representatives. Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory.

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This is intended to prevent gerrymandering, which means the drawing of legislative district out of separate territories for the purpose of obtaining partisan advantage. The word gerrymandering came from the name of Governor Elbridge Gerry of Massachusetts and the salamander shaped district that was created to favor his party in the election. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided therefore. Party-List System The party-list system of representation in the House of Representatives is one of the innovations introduced by the 1987 Constitution. What is a party list system? The party-list is a mechanism of proportional representation in the election of representatives to the House of Representatives in the election of sectoral parties or organizations or coalitions thereof registered with the

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Commission on Elections. It is a social justice tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit them. It is intended to “enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and who lack well defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Congressional Election

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1. Regular Election – the regular election of both members of the Senate and House of Representatives shall be held on the second Monday of May every three years. 2. Special Election – is an election called for to fill a vacant position in the two chambers of Congress in a manner provided by law. In case a Senator or a Congressman is


elected in a special election to fill a vacant seat, he shall only serve for the unexpired term. Salaries, Privileges and Prohibitions How much is the salary of a senator and a congressman? The Constitution fixed initially the annual salary of senators and congressmen to P204,000.00 each. This is subject to change by law. But when the members of Congress passed and approved an increased in their compensation, it shall take effect only “after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase. What is the purpose on the restriction on increase of salaries of members of the Legislative Department? The purpose of this restriction is to provide as “legal bar to the legislators yielding to the natural temptation to increase their salaries.” Note that the power to provide for higher compensation is lacking, but with the length of time that has

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to elapse before an increase becomes effective, there is a deterrent factor to any such measure unless the need for it is clearly felt. What are the privileges of the members of Congress? Its purpose? The members of Congress are accorded under the Constitution of two parliamentary immunities of privileges. Its purpose is to enable and encourage a representative of the public to discharge his public trust with firmness and success. Privilege from Arrest Members are privileged from arrest while congress is in session in all offenses punishable by not more than six years imprisonment. The purpose for granting members of Congress immunity from arrest is “to ensure that they are not prevented from performing their legislative duties.” What kind of offense can a member of Congress invoke to be immune from arrest?

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This includes both civil and criminal offenses, provided it is not punishable by imprisonment of six years or a “member of Congress can only invoke the immunity from arrest for relatively minor offenses.” Privilege of Speech and Debate Members shall not be questioned nor be held liable in any other place for any speech or debate in Congress or in any of its committee. This privilege “means that members of Congress cannot be sued or prosecuted for anything they say or write in connection with their legislative duties.” This “guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional Hall.” It is indispensably necessary that he should enjoy the fullest liberty of speech and that he should be protected. What are the prohibitions of the members of Congress?

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A member of Congress is prohibited from holding any other office or employment in the government, or any subdivision or agency, or instrumentality thereof, including governmentowned and controlled corporations or their subsidiaries, during his term without forfeiting his seat in, or what is known as incompatible office. What is not permitted is a simultaneous or concurrent holding of an office in the government by members of Congress. However, he may hold office provided he forfeits his seat automatically in Congress. It must be noted that not all positions in the government are considered incompatible offices, as there are some positions specifically provided under the constitution which a senator or a congressman can hold concurrently without forfeiting their seats like membership in the Electoral Tribunal or Commission on Appointments. A member of congress is also not allowed from being appointed to any office, which may have been created, or the emoluments thereof increased during the term for which he was elected, or known as the forbidden office. Under this,

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the member of congress is totally prohibited unlike in the case of the incompatible office, from occupying such office even if he is willing to forfeit his seat. However, the ineligibility is limited only until the expiration of the term of the member of Congress. In addition to these, members of congress are not allowed from personally appearing as counsel before any court of justice or before the electoral tribunals, or quasi-judicial and other administrative bodies. They are also prohibited from being financially interested, directly or indirectly in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, or instrumentality thereof, including any government-owned and controlled corporation, or its subsidiary during their term of office. And lastly, he is restricted from intervening in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.

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What is the intention for the prohibition? These are all “intended to prevent members of Congress from taking advantage, pecuniary or otherwise, of their position in their dealings with the courts, or their business operations, or in their dealings with any government agency or corporation.” This will discourage people from running as Senators or Congressmen not because of their desire to serve but only to further advance their own interests. Organization of Congress Officers of Congress The two houses of Congress are formally organized with the selection of its set of officers. The Senate shall elect its President and the House of Representatives its Speaker and such other officers as it may deem necessary. Leadership in Congress

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The election of officers in both houses of congress is primarily determined through partisan consideration. When a party wins a majority of seats in either the Senate or House of Representatives, they control the leadership in that chamber. Leadership in the Senate The officers of the Senate are: • Senate President • President Pro Tempore • Majority Leader • Minority Leader The Senate President The Senate President is the presiding officer of the Senate elected by a majority votes of all its members. It holds office at the pleasure of its members and may be replaced at any time. In the political hierarchical order of leadership, the Senate President is the third highest official of the government.

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The Senate Pro Tempore The Senate also elects a president pro tempore from the majority party, “an honorific position” who presides when the Senate President is absent. The Senate Majority Leader The party caucuses of ruling party in the Senate elect the majority leader. He acts as the leader and spokesperson of the majority party and its principal function is to schedule the business of the Senate, generally in consultation with the Senate Minority Leader. He controls the conduct of debates in the Senate floor and usually has a great influence on committee assignments of members of the Senate. The Senate Minority Leader The minority leader is elected in party caucus of Senators belonging to the minority party. As such, he is recognized as the leader and official spokesperson of the minority party.

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Leadership in the House of Representatives The House leadership has the same set up as that of the Senate except the title of the positions particularly the presiding officer, who is called the Speaker of the House. Leadership in the House of Representatives The Officers of the House of Representatives:    

Speaker of the House Deputy Speaker for: Luzon, Visayas, Mindanao Majority Floor Leader Minority Floor Leader

The Speaker of the House The Speaker, who presides over the House, is the most important person in that body. He is elected by majority votes of all the members of the House, but in practice is chosen by the majority party. As the presiding officer of the House, the Speaker decides on all questions of order, refers bills introduced in the House to the proper standing committees,

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signs all acts, resolutions, orders issued by or upon order of the House, appoints members of joint committees and conference committees, and exercises administrative functions over house personnel. Like the Senate President, he also holds office at the pleasure of the members of the House and likewise may be replaced any time. Deputy Speakers for Luzon, Visayas and Mindanao Aside from the Speaker, the House also elects Deputy Speakers for Luzon, Visayas and Mindanao who assume the duties and powers of the Speaker when he is absent. Like the Speaker, the Deputy Speakers are elected by a majority vote of all its members. The Majority Floor Leader In the House of Representatives, as in the Senate, majority and minority floor leaders are also elected. The House

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majority leader is selected by the majority ruling party, and therefore acts as the spokesperson of the party Under the present set-up of the House of Representatives, the majority leader also acts as the Chairman of the House Rules Committee, as such, he is responsible in all matters relevant to the rules of the house, calendar of bills, floor deliberations, order of business. The Minority Floor Leader The House minority floor leader is usually the losing candidate for speaker. He stands as the spokesperson for the minority party. Hence, he works in consultation with the leading members of the minority parties in the House. The minority leader is also an ex-officio member of all the standing committees of the House. Congressional Committees The most remarkable organizational structure of Congress is its set of committees more popularly known as “legislative

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committees.” The Committees perform the actual work of legislation in both Houses of Congress. The initial stage in the enactment of a law takes place in the Committee. Legislative Committees When a bill is introduced by a member of the House of Representatives or the Senate, it is first referred to the proper committee who will study the proposed legislation and will later submit a report which may either recommend the approval or disapproval of the bill. Three types of committees in Congress   

standing committees select committees joint committees.

Standing Committees Are permanently established legislative committees that review proposed legislation. They are the only one that

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proposed legislation by reporting a bill out to the full House or Senate. In Congress, each standing committee is given a specific area of concern such as Housing, Appropriations, etc. Select Committees Are those that are created for a specific purpose and usually for a limited period only such as conducting an investigation or to addressed matters of great national concern, i.e.: Select Oversight Committee on Intelligence Funds, Programs and Activities, etc. Joint Committees Are those created by both Houses of Congress with members coming from both. An example is the Bicameral Conference Committee which iron out differences in the versions of bill passed by the Senate and the House. Sessions There are two kinds of session in Congress:

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• regular • special sessions The House of Representatives hold its session at the Batasang Pambansa Complex while the Senate at the GSIS Complex. Regular Session A session convened once every year starting on the 4th Monday of July, unless a different date is fixed by law. It may continue for such number of days or “may last as long as Congress wishes” until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. Special Session A session called by the President while Congress is in recess generally to consider a legislation he may designate in his call. Example is the session called by President Gloria Arroyo to pass into law the power reform bill. The Constitution

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requires that neither House during the sessions of the Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Quorum Is the number of members of the body which, when legally assembled in their proper places, will enable the body to transact its proper business, or in other words, that number that makes a lawful body and gives it power to pass a law. A majority of each shall constitute a quorum to do business. In case of a smaller number it may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. But “Congress cannot compel the attendance of absent members to attend sessions if the reason for the absence is a legitimate one.” Rules of Procedure

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Are rules made by any legislative body as to the mode and manner of conducting the business of the body. Hence, rules of procedure are clearly mandatory for the orderly functioning of either Houses of Congress. Under the Constitution, both Houses of Congress may determine its rules of procedure. They must not however, be contrary to any constitutional provision, nor violate fundamental rights. Purpose of the rule: The purpose of these rules of procedure is to have order in the conduct of the business of Congress especially on its principal task of lawmaking. Hence, rules of procedure includes the procedure in the readings of the bill, the conduct of debate, session, manner of voting among others. Journal and Record Proceedings The Constitution requires that the two Houses of Congress shall keep a journal of its proceedings and requires certain matters to be entered in it. Journal is a record of what is done

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and past in a legislative assembly. It is a day to day record of the proceedings of Congress. The two-fold purpose of the Journal:  to ensure publicity to the proceedings;  to provide proof of what actually transpired in Congress. Matters required to be entered in the Journal: • Yeas and Nays on any question shall, at the request of 1/5 of the members present; • Yeas and Nays on the third and final reading of a bill; • Matters required to be entered in the Journal: • Yeas and Nays on the re-passing of a bill vetoed by the President; • Veto message of the President; • Such other matter which each House may in its discretion be entered in the Journal. Discipline of Members

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How are members of Congress disciplined for disorderly behavior? The two chambers of Congress is vested exclusively the power to discipline its members for disorderly behavior. Do courts have jurisdiction over members of Congress for disorderly behavior? The determination of what constitute disorderly behavior is within the exclusive discretion of Congress to determine and “the courts will not assume jurisdiction in any case which will amount to any case which will amount to an interference by the judicial department with the legislature.” Punishment of members for disorderly behavior includes suspension and expulsion. Suspension When suspension is imposed as a sanction to a Member of Congress for disorderly behavior, it should not exceed sixty days. A member may not be suspended for a longer period

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of time. The reason is that by a suspension the district will be deprived of its right to have an active representative in the legislative department and at the same time is not empowered to select a new member. Furthermore, suspension can only be imposed with the concurrence of 2/3 of all its members. Expulsion The grounds for expulsion of a member are not provided in the Constitution. Any cause, however, which either House may deem sufficient constitutes a good ground for expulsion. Like suspension, a penalty of expulsion can only be imposed with the concurrence of 2/3 of all the member of the House of Congress. Agencies of Congress The Electoral Tribunals of the Senate and the House were created by the Constitution as special tribunals to be the sole judge of all contest relating to election, returns and

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qualifications of the members of the legislative houses, and as such, are independent of Congress. What is the function and purpose of the Electoral Tribunals? It was created to function as a non-partisan court although 2/3 of its members are politicians. The purpose of the Constitution creating the Electoral Tribunals “was to provide an independent and impartial tribunal for the determination of contests to legislative office, devoid of partisan considerations, and to transfer to that tribunal all the powers previously exercised by the legislature in matters pertaining to contested elections of its members.” What is the function and purpose of the Electoral Tribunals? The electoral tribunals shall be constituted within 30 days after the Senate and the House of Representatives shall have been organized with the election of the President and Speaker.

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Composition of the Electoral Tribunal 1. House of Representatives Electoral Tribunal (HRET) – composed of three Justices of the Supreme Court to be designated by the Chief Justice and six members of the Senate chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system therein. 2. Senate Electoral Tribunal (SET) – likewise to be composed of three Justices designated by the Chief Justice and six members of the House of Representatives also chosen on the basis of proportional representation like in the HRET. The most senior Justice in each electoral tribunal shall be its chairman. Commission on Appointments The Commission on Appointments is created by the Constitution as an independent commission in Congress

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although its members are confined to members of Congress, to function as a check on the appointing power of the President. Like the electoral tribunals, the Commission shall also be constituted within 30 days after the Senate and the House of Representatives shall have been organized with the election of the President and Speaker. Composition The Commission is composed of twenty five members, the Senate President as ex-officio chairman, twelve Senators and twelve members of the House of Representatives. Like in the electoral tribunal, the members of the Commission are also chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system. Functions The Commission of Appointments which was originally embodied in the 1935 Constitution functions as a check on the appointing power of the President, by approving or

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disapproving appointments to important offices in the government submitted to it by the President. It shall act on all appointments within thirty days from their submission. In considering nominations submitted to it by the President, the Chairman (Senate President) shall not vote except in case of a tie. Review Questions: 1. What is the nature of the legislative power granted to Congress under the present Constitution? 2. Differentiate district from party-list representatives. 3. Who are the officers of both Houses of Congress and what are their respective duties? 4. Enumerate and discuss the privileges granted to Members of Congress under the Constitution. 5. What are those matters that are required to be 6. entered in the Journal of each House of Congress? 7. Who has the power to discipline Members of Congress for disorderly behavior and what are the punishment that may be imposed?

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POWERS OF CONGRESS What role does Congress play in Philippine Political System? Congress plays an important role in the Philippine political system. Congress controls major decisions on measures to help solve substantive problems, national budget, taxes, trade policy and even appointees to cabinet posts which are all crucial to the workings of our republican government. What is the principal function of Congress? The principal function of Congress is lawmaking, that is, the enactment of laws serving as binding rules for all Filipinos. However, the Constitution also grants certain non-legislative functions to Congress such as the power to declare the existence of war, the power to remove the President and other high officials through impeachment, etc. What are the classification of the Powers of Congress?

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We can classify the powers of Congress into those that are specifically granted under the Constitution, those which Congress enjoy as necessary and proper to the exercise of those expressly granted and, those that are inherent in Congress. 1. Enumerated Powers Refer to those specifically or expressly conferred to Congress by the Constitution. The enumerated powers of Congress includes the power to impose taxes, the power of appropriations, declare the existence of a state of war, power to act as board of canvassers in the election of the President and Vice President, the power of impeachment, the power to propose amendments to the constitution among many others. 2. Implied Powers Refer to “such other powers as are necessarily implied from the given powers.” This includes the power to punish witness for contempt in the conduct of legislative investigation and

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oversight, to elect the formal leadership of both houses, to determine the rules of its proceedings, etc. 3. Inherent Powers Are those that are neither granted nor implied therefrom, but rather it refer to those that grow out from the very existence of Congress. It is sometimes referred to as incidental powers Congress enjoys. This includes the three fundamental powers of the state which are primarily exercised by Congress, i.e.:  police power  eminent domain  taxation. What is the general legislative powers of Congress?

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• The general legislative powers of Congress refer to its law-making powers.


• Specifically, it refers to the authority of congress to enact, and this power carries with it the right to amend and repeal them. General Legislative Powers This is considered as the most important congressional function. However, it must be noted that in the manner of enacting legislation, it demonstrates the system of checks and balances through the participation of the President in the law-making process. Under the Constitution, before a bill approved by the Senate and House becomes a law, it shall be presented to the President for his approval. What are laws passed by Congress called? Laws passed by Congress are called statutes or republic acts. An understanding of the law-making powers of Congress requires knowledge on the limitations and the elaborate process on how laws are made.

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What are the limitations on the law-making powers of Congress? Although it would appear from the grant of plenary power that Congress exercised powers, “like the boundaries of the ocean, are unlimited.” The authority of Congress, however, to make laws is subject to certain limitations. What are the limitations on the law-making powers of Congress? The following are the limitations on the law-making powers of Congress: • Substantive Limitations • Procedural Limitations 1. Substantive Limitations - these refer to the content or subject matter of the law passed by the Congress.

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1.a. Express limitations - these are limitations that are expressly provided under the Constitution like the provision


in the bill of rights on non-passage of laws abridging the freedom of speech, of expression, or of the press, nonimpairment of obligations and contract, non-passage of ex post facto law and bill of attainder. 2.a. Implied limitations - those that can be implied from the nature and character of a legislative power under our system of government such as the passage of irrepealable laws and the non-delegation of legislative powers are permissible in five instances: Instances where legislative powers are permissible:  delegation of emergency powers to the President;  delegation of tariff powers to the President;  delegation to administrative bodies;  delegation to local government units;  delegation directly to the people. 2. Procedural Limitations - these refer to the process or manner of passing law. The following are the procedural limitations provided under the Constitution:

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Limitations under Procedural Limitations: Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. The purpose of the constitutional directive that the subject of a bill should be embraced in its title is to apprise the legislators of the purpose, the nature and scope of its provisions, and prevent the enactment into law of matters which have not received the notice, action and study of the legislators or of the public. No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Law-Making Process What are the basic procedures in enacting laws?

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The basic procedure in enacting laws is not provided under the Constitution in detail. The particular procedure now adopted by our Congress is quite similar to those observed in the US Congress and at the same time the result of parliamentary usage and custom. Origin of Bills The first step in lawmaking process is the creation and introduction of a bill. What is a bill? A bill is a draft of a proposed statute or law submitted to the legislature for enactment. Who introduces a bill in Congress? A bill is introduced by a Member of the House of Representatives or Senate, except to those the Constitution requires to exclusively in the Senate.

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Who can formally submit a bill for consideration? Only Members of the Senate and the House can formally submit a bill for consideration in their respective chambers. Are interests groups allowed to initiate preparation of bills? Although it is usually the Senators and Congressmen who draft a bill, the President and other interests groups also initiate preparation of bills to be endorse by a Member of Congress. What kind of bills are introduce for approval? Where do they originate? Under the Constitution, all appropriations, revenue or tariff bills, bills authorizing increase in public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

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What are the Parts of a Bill? A bill passed by Members of Congress contains the following parts: 1) Title 2) Preamble 3) Enacting Clause 4) Body of the Statute 5) Effectivity Clause. What is a title? The title indicates the subject matter of the bill. As previously discussed, the Constitution requires that every bill passed by Congress shall embrace only one subject which shall be expressed in its title. Example of a Title of a bill: “An Act Introducing Additional Reforms in the Electoral System and for Other Purposes.”

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What is a Preamble? The preamble is an introductory statement in the bill stating the rationale or reasons for the enactment, or “the intention of the lawmaker in presenting the measure.” What is an Enacting Clause? The enacting clause is that part which identifies the authority that promulgated the bill. The enacting clause used by our Congress today is: “Be it enacted by the Senate and House of Representatives in Congress assembled.” Is the preamble and enacting clauses essential to the validity of statutes? Both the preamble and enacting clauses are not essential to the validity of the statutes passed by Congress. What is the Body of the bill?

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The body is the part containing the subject of the law; hence, this is considered the most important part. The body is usually divided into titles, chapters, articles, sections and subsections. What is the Effectivity Clause? The effectivity clause is the part of the law which provides the date when the bill shall take effect. The effectivity clause usually provides that the law will take effect on a specific date or immediately upon approval by the President. What are the procedures in the approval of a bill? The Constitution provides that before a bill passed by either House becomes a law, it shall first passed three readings on separate days with the exception of those which the President will certify as necessary to meet public calamity. First Reading

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When a bill is filed by a Member of the House or the Senate to its respective secretary, the bill will passed the first reading. What is read and done on the first reading of a bill? On the first reading, only the number and title of the bill is read and the Speaker refers it to the proper committee for consideration. What is read and done on the first reading of a bill? The Committee may decide to kill the bill by taking no action on it or it may consider the bill and conduct a thorough study by conducting public hearings on the proposed measure. The committee will later submit a report, recommending the approval or disapproval of the bill. What is done on the second reading? Once the Committee approves the bill, it will be reported to the Rules Committee to be entered into the house calendar for second reading by the Full House. On the second reading,

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the entire bill is read before the chamber and it is at this stage that the bill is debated and amended. What is the role of the Rules Committee on the second reading? The Rules Committee plays an important role at this stage, it sets the time limit for floor debate, provide for the manner on how the bill will be amended, and when the bill will be voted on. What is read on the third reading, what is not allowed to be done? On the third reading, only the title of the bill is read. No amendment is allowed at this stage. What is done with the bill if approve by members of both Houses? Thereafter, the bill is voted upon for approval. If approved, the bill is transmitted to the other House where it will undergo

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the same three readings. If it will likewise be approved, it shall be transmitted to the President for its approval. Bicameral Conference Committee To become a law, a bill must be passed in identical form by both the House and Senate. If there are differences in the version approved by both houses, the bill is then referred to the Bicameral Conference Committee to resolve the differences. What is the Bicameral Conference Committee? The Bicameral Conference Committee is a temporary committee consisting of Members from both Houses formed to bargain out the bill. Usually the members are appointed from the standing committees of the Senate and House who originally worked on the bill. When does a bill becomes a law? There are three ways in which a bill becomes a law:

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1. When the President approves and signs it after Congress has presented the bill to him. 2. When the President does not act upon the bill within thirty days after it has been presented to him. 3. It shall become a law as if he had signed it. 4. When the bill is vetoed by the President and sent back to the House where it originated which shall enter the objections at large in the Journal, the bill becomes a law when Congress by a vote of two-thirds of all its members agree to override the veto. What is a Presidential Veto? A veto is the power of the President to reject a law passed by Congress. As a rule, the President must veto the entire bill. However, “the President shall have the power to veto any particular item or items in an appropriation, revenue or tariff bill, but the veto shall not affect the item or items to which he does not object.” An item is the particulars, the details, the distinct and severable parts of the appropriation or of the bill.

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Other Powers of Congress Power of Legislative Investigation The two Houses of Congress and its respective committees are authorized under the Constitution to conduct investigations or inquiry in aid of legislation or to aid Congress in its legislative work. Why does Congress conduct legislative investigations? Congress conduct investigations to determine if legislation is needed, to gather facts relevant to legislation, to assess the efficiency of executive agencies, to build public support, to expose corruption, and to enhance the image and reputation of its members. A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change. What is the Power of Legislative Oversight?

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Part of the power to conduct investigation in aid of legislation is the oversight function of Congress. Oversight refer to “the responsibility to question executive branch officials to see whether their agencies are complying with the wishes of the Congress and conducting their programs efficiently.” What are the guidelines in the conduct of the Power of Investigation? The exercise of this power is subject to the following limitations: 1. Must be in aid of legislation. 2. Must be in accordance with its duly published rules and procedures. 3. The rights of persons appearing in or affected by such inquiries shall be respected. What is the Power to Punish for Contempt? In the exercise of the power of legislative investigation, Congress may punish witnesses for contumacy or

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disobedience. Said power must be considered implied or incidental to the exercise of legislative power or necessary to effectuate said power. What is the Power of Appropriation? The Constitution provides that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.” This is a recognition that the power to appropriate government funds for the operation of our government is granted to Congress. The power of appropriation is sometimes referred to as the “power of the purse,” is exercised by Congress through the enactment of an appropriation law. What are the classifications of the Appropriations Law?

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• General Appropriations Law – is the government‟s annual budget. • Special Appropriations Law – appropriations designed for a specific purpose.


What are the limitations on the Appropriations Measure? 1. Public funds may be used only for a public purpose, therefore, appropriations must be devoted to public purpose. It is a general rule that the legislature is without power to appropriate public revenues for anything but public purpose. 2. The amount appropriated must be certain, which means that the sum authorized to be released should either be determinate or at least determinable. What are the Constitutional Guidelines on General Appropriations?

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1. Congress may not increased the appropriations recommended by the President for the operation of the government as specified in the budget. In the preparation of the general appropriations, Congress used as basis the budget submitted by the President. The budget is proposed. 2. The form, content, and manner of preparation of the budget should be prescribed by law.

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3. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. This provision will eliminate the inclusion in the general appropriations law of riders or a provision not germane to the subject matter of the bill, and is new and completely unrelated provision attached to the bill. 4. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for the other departments or agencies. 5. No law shall be passed authorizing any transfer for appropriations, however, the President, the President of Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, the Constitutional Commissions 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. 6. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the


use, benefit, or support of any church, sect, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious leader, or dignitary as such, except when such priest, preacher, minister or dignitary is assigned to the armed forces, or to any penal institution, or government, orphanage or leprosarium. What are the Guidelines on Special Appropriations? A special appropriations bill shall specify: • The purpose for which it is intended. • Shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein. Discretionary Fund Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by

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appropriate vouchers and subject to such guidelines as may be prescribed by law. Automatic Re-appropriations If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. Power of Taxation The Power of Taxation is the power to imposed taxes. Taxes are what we pay for civilized society. The revenue raised in taxation is used to maintain the operation of our government. The Constitution vests in the legislature the exercise of the power of taxation. It must be noted that even without express constitutional grant, the power to tax without which, the government may not exist.

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Rule of Taxation The Constitution provides that the rule on taxation shall be uniform and equitable. A tax is considered uniform when it operates with the same force and effect in every place where the subject may be found. Tax Exemptions and Institutions Exempt from Taxation. No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress. However, by express mandate of the Constitution, the following institutions are exempted from taxation: Tax Exemptions and Institutions Exempt from Taxation

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1. Charitable institutions, churches and parsonages or covenants appurtenant thereto, mosques, non-profit cemeteries, and 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 used actually, directly and exclusively for educational purposes. Non-Legislative Powers Congress is also vested under the Constitution such other powers, non-legislative in nature such as the power to declare the existence of war, the power to concur presidential amnesties and the power to impeach the President, etc. Review Questions

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1. What are the classifications of the powers of Congress? 2. What are the limitations imposed upon the exercise of the general legislative power of Congress? 3. What is the power of legislative investigation and oversight? 4. What is a bill and what are the procedures in the approval of the bill? 5. When may a bill becomes a law? 6. Enumerate and discuss the major parts of a bill?

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7. What are the guidelines provided under the Constitution in the preparation of the general appropriations law?


Article VII Executive Department Presidency and Executive Power The first section of Art. VII of the Constitution, dealing with the Executive Department, begins with the enunciation of the principle that the executive power shall be vested in a President of the Philippines. Unlike the legislative and judicial powers of government vested in Congress and Supreme Court respectively, both of which are collegial bodies, the whole of executive power is vested to only one person, to the President of the Philippines. This means that the President of the Philippines is the Executive of the Government of the Philippines, and no other. It is thus clear that the President is the most powerful officer of our government. What is the Executive Power granted to the President?

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The executive power granted to the President is the power to enforce and execute the laws faithfully. The laws required to be administered by the President includes the Constitution and all statutes enacted by Congress. As the most prominent political figure in our government, our Constitution expressly provides for the qualification, election, term of office, the oath of office he is required to enter before the discharge of the office, as well as the privileges he enjoys and a number of prohibitions he has to observed. What are the qualifications for President? 1. 2. 3. 4. 5.

Natural-born citizen of the Philippines A registered voter Able to read and write At least forty years of age Resident of the Philippines for at least ten years

The following qualifications provided under the Constitution are exclusive, meaning Congress cannot through ordinary legislation provide for other qualifications. A candidate for the Presidency like the Members of Congress is required to be

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natural-born citizen of the Philippines, a registered voter and able to read and write. The age requirement for the President, however, is at least 40 years of age and the residence requirement is relatively longer than Members of Congress. A candidate for President must be a resident for at least ten years. The requirement of residence should be actual residence. This is to insure that the person to be elected President must have acquainted himself with the needs as well as the aspirations of the country. What is the Election and Term of Office of the President? The President is elected by direct vote of the people like members of the Senate. The term of office of the President is six years, which shall begin at noon on the 30th day of June following the day of the election. It shall end on the noon of the same day and month six years after. Is the President eligible/prohibited for re-election?

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The President shall not be eligible for any re-election. This prohibition is intended to enable the President “to devote his full time to the interest of the whole people rather than to spend much of it pleasing a few politicians whose support he might need in case he is permitted to run for immediate reelection.” Is a person who succeeded as President qualified for election to the same office? No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Is voluntary renunciation of office considered an interruption of the service? In addition, voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service of the full term for which he was elected.

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Who act as Board of Canvassers in the election of the President? In the election of the President, it is Congress in joint public session that will act as Board of Canvassers. The returns of every election for President, duly certified by the board of canvasses of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificate of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of members of the Senate and House of Representatives in joint public session. After the certificates of canvass has been opened, the counting of the canvass of the votes for the President shall not immediately be made. First, there should be a determination of the authenticity and due execution of the certificates of canvass. Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. In the canvassing of votes, the person receiving the highest number of votes shall be proclaimed elected President. In case two or

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more candidates have equal and highest number of votes, which can rarely happen considering that the President is elected at large by all the qualified voters, one of them shall be chosen by a vote of a majority of all the Members of Congress, voting separately. In the performance of this function, Congress is required by the Constitution to promulgate its rules for the canvassing of the certificates. Who is given the power to act as Presidential Electoral Tribunal? The Supreme Court, sitting en banc, is given the power to act as electoral tribunal and the sole judge of all contest relating to the elections, returns and qualifications of the President, and may promulgate its rules for the purpose. Oath of Office Before they enter on the execution of their office, the President, or the Acting President shall take the following oath or affirmation:

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“I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President (or Vice President or Acting President) of the Philippines, preserve and defend its Constitution, execute all laws, do justice to every man, and consecrate myself to the service of the Nation. So help me God.” (In case of affirmation, the last sentence is omitted.) What are the privileges accorded to the President of the Republic? The President under the Constitution is granted the following privileges: Official Residence The President shall have an official residence. What/where is the official residence of the President? He is the only official of the government provided with a residence maintained by public funds. The Malacanang

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Palace where the Spanish and American Governor-Generals resided is the official residence of the President. That is why, the Palace is often referred to as the seat of the Philippine Presidency. Is the President entitled to a salary? The President is also entitled to a salary like all other public officers. The salary of the President shall be determined by law and shall not be decreased during his tenure. The Constitution fixed initially the salary of the President to P300,000.00. Are salaries of Presidents’ increased? This salary may be increased by law. But no increase in said compensation shall take effect until the expiration of the term of the incumbent during which such increased was approved. Is the President accorded Immunity from Suit?

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The President is accorded the immunity from suit, both civil and criminal. The rationale for the grant to the President of this privilege of immunity from suit is to assure the exercise of Presidential duties and functions free from any hindrance or distraction, considering that being a Chief Executive of the Government is a job that, aside from requiring all the officeholder‟s time, also demands undivided attention. What are the prohibitions of the President during his tenure of office? The President during his tenure is prohibited under the Constitution from:

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1. Receiving any other emolument from the Government or any other source. 2. Unless otherwise provided in this Constitution, hold any other office of employment. 3. They shall strictly avoid conflict of interest in the conduct of their office. 4. Directly or indirectly, practice any other profession, participate in any business, or be 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 government-owned or controlled corporations or their subsidiaries. 5. Appointing spouse and relatives by consanguinity or affinity within the 4th civil degree as members of the Constitutional Commissions, of the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including government-owned and controlled corporations and their subsidiaries. The Vice President Our Constitution does not specify the role as well as the powers of the Vice President except to succeed as President as provided in the order of Presidential Succession. Who determines the role played by the Vice President?

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The Vice President, however, is part of the Executive Department, hence, it is usually the President who determine the role played by the Vice President. Is an appointment of the Vice President in the cabinet subject to confirmation by the Commission on Appointments? Since the Constitution allows the Vice President to be appointed as member of the Cabinet with the privilege of not being subject to confirmation by the Commission on Appointments, the Vice President is usually appointed as a Cabinet Secretary. What are the Qualifications, Election and Term of Office of the V.P.? The Vice President has the same qualification and is elected in the same manner as the President. Likewise, the Vice President has a term of six years and commenced on the same day as the President.

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Is the Vice President entitled to a re-election? However, unlike the President who is not entitled to any reelection, the Vice President is entitled to one immediate reelection. What are the Rules on Presidential Succession? The Constitution provides for rules on who shall succeed as President in the event of vacancy in the Office, as in the case of failure of the President-elect to qualify or the President shall not have chosen, or in case of death, permanent disability, resignation and removal from office through impeachment. Who provides the rules on presidential succession? It must be noted that the Constitution leaves to “Congress the manner of succession in case of vacancy in the Office of the President or Vice President instead of providing it.” Who provides the rules on presidential succession?

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The motive of this is to have “flexibility in the manner of succession to suit changing conditions.” The United States Constitution likewise left to Congress the mode of succession instead of specifically providing for it. Vacancy in the Office of the President at the beginning of his term If there is vacancy in the Office of the President at the beginning of his term or before the President has been inaugurated, the following rules on succession shall be observed: Vacancy in the Office of the President at the beginning of his term

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1. If the President-elect fails to qualify, the Vice Presidentelect shall act as President until the President-elect shall have qualified. 2. If a President shall not have been chosen, the Vice President-elect shall act as President until a President shall have been chosen and qualified. 3. If at the beginning of the term of the President, the President-elect shall have died or have become


permanently disabled, the Vice President-elect shall become President. 4. Where no President and Vice President shall have been chosen or shall have qualified, or where both shall have died or become permanently disabled, the President of the Senate President of the Senate or, in case of his inability, the Speaker of the House of Representatives shall act as President until a President or Vice President shall have been chosen and qualified. The Congress shall provide for the manner in which one who is to act as President shall be selected until a President or a Vice President shall have qualified, in case of death, permanent disability, or inability of the Senate President and the Speaker of the House. Vacancy in the Office of the President during their terms (President and Vice President) When the Office of the President becomes vacant as a result of death, permanent disability, removal from office (only through impeachment), or resignation, the Vice President will

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become President to serve for the unexpired term. However, in case of death, permanent disability, removal from office, or resignation of the President as well as the Vice President, the Senate President or, in case of inability, the Speaker of the House shall act as President until a President or a Vice President shall have been elected and qualified. The Congress shall, by law, provide who shall serve as President in case of death, permanent disability, or resignation of the Acting President. He shall serve until the President or Vice President shall have been elected and qualified, and be subject to the same restrictions of powers and disqualifications as the Acting President. Vacancy in the Office of the Vice President When a vacancy occurs in the Office of the Vice President at the beginning of his term, as in cases where the Vice President shall not have been chosen, shall not have qualified died or shall become permanently incapacitated, it is the Senate President or, in case of his inability the Speaker shall

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act until the Vice President shall have been chosen and qualified. Where the vacancy occurs during the term for which the Vice President was elected, the President shall nominate a Vice President to serve for the unexpired term from among the members of the Senate or House of Representatives. The nominee “shall assume office upon confirmation of a majority vote of all the Members of both Houses of the Congress, voting separately. When the Vice President shall become President As the second highest official of the Executive Department, next to the President, it naturally follows that he is the constitutional successor in case of vacancy in the Office of the President. It will be observed under the rules provided in the preceding discussions that the following are the instances when the Vice President shall be come the President.

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First, if at the beginning of the term, the President elect shall have died or became permanently disabled.


Second, in case of death, permanently disability, removal from office and resignation of the President during his term. Special Election (SNAP) for the Office of the President The Constitution empowers Congress to call a special election in case of vacancy in the Office of the President and Vice President. In case of vacancy in the office, at ten o‟clock in the morning on the third day following the vacancy, Congress shall convene this, notwithstanding the need of a call. After convening, within a period of seven days shall enact a law calling for a special election for the election of President or Vice President. Such election must be held not earlier than 45 days nor later than 60 days counted from the time of such call. The bill passed by Congress calling for such election shall be deemed certified and shall immediately become a law upon its approval in the 3rd reading. The special appropriations for the calling of the election shall be charged to any current appropriations and shall be exempt from the requirements

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under Section 25 (4) Article VI. The convening of Congress cannot be suspended nor the special election postponed. However, “no special election shall be called if the vacancy occurs within 18 months before the date of the next presidential elections.” This is intended in the “interest of economy” because the election of President or Vice President is nationwide, the government will be spending too much in the election. Review Questions

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1. What is executive power? 2. What are the instances when the Vice President becomes the President? 3. Enumerate and discuss the qualifications of the President? 4. What are the privileges conferred upon the President of the Philippines under the Constitution? 5. Discuss the election and term of office of the President and the Vice President.


POWERS OF THE PRESIDENT Who is the most powerful official of the government? As the only person to which the Constitution vest the exercise of the entire executive power, the President is therefore the most powerful official of the Government. To whom is executive power vested? The President of the Philippines is the Executive of the Government of the Philippines and no other, and that all executive authority is thus vested in him. What is the first and foremost duty of the President? His first and foremost duty is to ensure the faithful execution of laws, that is, the Constitution and all laws lawfully enacted by the Philippine Congress. Our Constitution speaks concisely of the powers exercised by the President of the Philippines.

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Classification of the Powers of the President The powers enumerated under the Constitution, specifically under the provisions of Article VII, are called constitutional powers. The President also exercise powers granted to him by law or statutes established by Congress. These powers are called statutory powers. What are the express powers of the President? Refers to those powers expressly provided under the Constitution and Statutes, hence, the express powers of the President includes the constitutional and statutory powers. The inherent powers of the President The President also possesses what we call inherent powers. Powers “defined through practice rather than through constitutional or statutory law.” These are those powers exercised by the President from the “loosely worded statement in the Constitution” that the “Executive Power shall

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be vested in the President of the Philippines” and “He shall ensure that the laws are faithfully executed.” What are the different powers grant to the President? The Constitution grants to the President the exercise of the executive power, the power of appointment, the power of control, military powers, pardoning power, borrowing power, informing power and other powers granted under the Constitution. What is an executive power vested in the President? Executive power vested in the President has been defined as the power to administer and enforce the laws. Alongside with this power is the responsibility of the President to “ensure that all laws are faithfully executed.” What is the Power of Appointment of the President? The President‟s real authority as Chief Executive is found in his appointive capacity, that is, his power to appoint officials

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of the government. The power to appoint is inherently an executive function. What is an appointment? Appointment is the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. There are two types of appointments:  What is a Permanent Appointment?  Issued to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof. What is a Temporary Appointment? Issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate

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civil service eligibility. Provided, that such temporary appointment shall not exceed twelve months, and the appointee may be replaced sooner if a qualified civil service eligible becomes available. One who holds a temporary appointment has no fix tenure of office, his employment can be terminated at the pleasure of the appointing power, there being no need to show that the termination is for cause. What is designation? Simply the mere imposition of new or additional duties upon an officer already in the government service to temporarily perform the function of an office in the executive branch when the officer regularly appointed to the office is unable to perform his duties or there exist a vacancy. Power to confirm or reject appointments The power to confirm or reject appointments belong to the legislative department, the latter power having been conferred as a check on the former. This power to check may be

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exercised through the members of both Houses in the Commission on Appointments.  Officials appointed by the President  There are four groups of officers whom the President shall appoint, these are:  Who are the officials in the government appointed by the President?  The heads of the executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other offices whose appointments are vested in the President by the Constitution. Who are the officials in the government appointed by the President?

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 All other officers of the government, whose appointments are not otherwise provided for by law.  Those whom the President may be authorized by law to appoint.


 Officers lower in rank, whose appointment by Congress may by law vest in the President alone.  Among these four groups of officers, only the first group requires the confirmation or consent of the Commission on Appointments. Regular and Ad-Interim Appointments In relation to those officers whom the President appoints requiring the consent of the Commission on Appointments, we distinguish between regular and ad-interim appointment. What is a regular appointment? Is one whose appointment requires confirmation of the Commission on Appointments made by the President while Congress is in session. It will take effect once approved by the Commission and continues as such until the end of his term. What is an ad-interim appointment?

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Is one whose appointment requires the confirmation of the Commission on Appointments made by the President while Congress is in recess. Such appointments shall be effective only:  When does such appointments become effective?  until disapproved by the Commission on Appointments or  until the next adjournment of Congress. Constitutional Limitations on the Appointing Power of the President In the exercise of the President of his power to appoint officials of the government, the Constitution provides for the following limitations:

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1. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or re-assumption of office. 2. Two months immediately before the next presidential elections and up to the end of his term, a President or


Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. Power of Removal The power of removal or the power to remove officials appointed by the President is implied from the grant of the power of appointment. If the term of an officer is not fixed for a definite time by law, the President may remove him when he wills. This is specially true in the case of cabinet secretaries who occupy the office at the pleasure of the President. Officials who cannot be remove even if appointed by the President However, the President cannot remove those officials even appointed by him when the Constitution provides for the manner of their removal from office such as in the case of the Chief Justice and Associate Justice of the Supreme Court,

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the Ombudsman and the Chairman and Members of the Constitutional Commissions. These officials are removable only through the process of impeachment. Also the career service employees appointed by him can be removed only for a cause and in accordance with the administrative procedure provided by law. Power of Control The President has been vested with the power of control of all executive departments, bureaus or offices, and of local governments over which he has been granted only the power of general supervision as may be provided by law. What is the power of control? The power of control “means the power granted to an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former to that of the latter.” What is supervision?

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This is to be distinguished from the power of general supervision which is nothing more than the power to see to it that an inferior follows the law. Supervision involves the “authority of an officer to see that subordinate officers perform their duties.” Military Powers In the event of emergency cases, the President is vested under the Constitution military powers to suppress such cases. The military powers consists of: the President as the Commander-in-Chief, the power to suspend the privilege of Habeas Corpus, and the power to declare martial law. The President as Commander-in-Chief of the AFP The President is the Commander-in-Chief of the Armed Forces of the Philippines. Thereby, the head of our military institution is a civilian, which is in conformity with the declared principle of the of the state that civilians are supreme over the military, thus he is vested with the power to call such forces to prevent or suppress lawless violence, invasion or rebellion.

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Pardoning Power Under the old provision of the Jones Law, the GovernorGeneral is granted the exclusive power to grant pardon and reprieves and remit fines and forfeitures. This power is now vested in the President of the Philippines. The pardoning power exclusively vested in the Chief Executive, and the exercise of the power may not, therefore, be vested in anyone else. Thus, the pardoning power cannot be restricted or controlled by legislative action. Likewise, this power is purely executive act, which is not subject to judicial scrutiny. What is the scope of the Pardoning Power? The pardoning power or the power of executive clemency includes the grant of pardon, commutation, reprieves, remit fines and forfeitures as well as to grant amnesty with the concurrence of the majority of the Members of Congress. What is pardon?

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Is an act of grace, proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. What is commutation? Commutation – is a remission of a part of the punishment, a submission of a less penalty for the one originally imposed. What is reprieve? Reprieve – a postponement of the execution or a temporary suspension of execution. What is remit fines and forfeiture? Remit Fines and Forfeiture – exoneration of fines and forfeited property. What is amnesty?

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An act of the sovereign power granting oblivion or a general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason sedition or rebellion. Limitations on the exercise of the Pardoning Power 1. It may not be given or granted in impeachment cases. 2. Pardoning power can only be exercised or be granted after conviction. 3. No pardon can be granted to cases of violation of election laws without the recommendation of the Commission on Elections. 4. Amnesty cannot be granted without the concurrence of Congress. Kinds of Pardon

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1. Absolute Pardon – granted without any conditions whatsoever. An absolute pardon not only blots out the crime committed, but removes all disabilities resulting from conviction.


2. Conditional Pardon – granted by the President subject to such conditions or qualifications as he may deem necessary or see fit. It must be accepted by the offender to become effective. What are the effects of pardon? It removes penalties and disabilities and restores him to his full civil and political rights. It does not discharge the civil liability of the convict to the individual he has wronged as the President has no power to pardon a private wrong. What are the effects of pardon? It does not restore offices, property, or rights vested in others in consequence of the conviction. Under our law, a pardon shall not work the restoration of the right to hold public offices or the right of suffrage unless such right be expressly restored by the terms of the pardon. Pardon and Amnesty distinguish

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1. Pardon is granted by the President alone after conviction, while amnesty, with the concurrence of Congress before or after conviction; 2. Pardon looks forward and relieves the offender from the consequences of the offense, while amnesty looks backward, i.e., the person released by amnesty stands in the eyes of the law as if he had never committed the offense; 3. Pardon is granted for infractions of the peace of the State, while amnesty, for crimes against the sovereignty of the State (political offense); and 4. Pardon is a private act of the President which must be pleaded and proved by the person who claims to have been pardoned, because the courts take no judicial notice thereof, while amnesty by proclamation of the President with the concurrence of Congress is a public act of which the courts will take judicial notice. Diplomatic Power As the Chief Diplomat, the President exercises the power to conduct the country‟s external affairs. This power includes the

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power to send and receive diplomatic representatives, the power to recognize foreign governments and to enter into treaty and international agreements. Power to Send and Receive Diplomats It is the President who appoints, sends and instructs diplomatic agents and consuls. These agents represent the country abroad and are essential in carrying and maintaining our diplomatic relations with other countries. The assignment to and recall from posts of ambassadors are prerogatives of the President, for him to exercise as the exigencies of the foreign service and the interests of the nation may from time to time dictate. The President also exercises authority over the reception of diplomatic agents and consuls. Corollary to this power, the President is also granted the right to refuse to admit agents whom it may consider unacceptable. In modern times, the simple act of receiving a diplomat has been equivalent to accrediting the diplomat and officially recognizing his or her government.

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Power of Recognition The power of recognition is an important power exercise by the President as Chief Diplomat. What is the power of recognition? This power refers to the power to recognize the legitimacy of foreign governments. Such recognition of the legitimacy of another country‟s government is a pre-requisite to diplomatic relations with that country. Treaty-Making Power The President possesses the power to enter into treaties and international agreements. Treaties are international agreements concluded between States in written form and governed by international law. What is a Treaty?

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Treaties – are international agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character. What is an executive agreement? Refers to international agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less temporary nature. Borrowing Power The President has the authority to contract or guarantee loan in the name of the Republic of the Philippines. The President is in a best position to exercise this power because he is responsible in the implementation of the programs of our government. Aside from the fact that his office is equipped with the needed information to determine the exigency of borrowing money. These loans may be used to augment the budget of the government as well as to finance important development projects.

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Informing Power The President shall address the Congress, at the opening of its regular session (this is referred to as the SONA or State of the Nation Address). He may also appear before it at any other time. Review Questions

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1. What are the classification of the powers exercise by the President? 2. Differentiate regular from an ad-interim appointment. 3. Differentiate control from supervision. 4. What are the diplomatic powers of the President? 5. Distinguish pardon from amnesty. 6. What is the difference between a treaty and an executive agreement?


Article VIII JUDICIARY What is Judicial Power? Judicial power is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the State and private person, or between individual litigants, in cases properly brought before the judicial tribunals, which includes the power to ascertain what are the valid and binding laws of the State, and interpret and construe them. What are the duties included in the exercise of judicial power? Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to

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lack or excess jurisdiction on the part of any branch or instrumentality of the Government. To whom is Judicial Power vested? Judicial power is vested in the Supreme Court and other lower courts establish by law. The Judiciary The judiciary under a Republican system adopted by our Constitution is the third branch of government. What is the structure of the Judiciary? However, the Constitution did not provide the full and entire structure of the Philippine Judicial system, it only established the Supreme Court of the Philippines and left to Congress the authority of establish other inferior courts. What is the only court created by the Constitution?

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The Supreme Court is the only court created by the Constitution. What do we call the other courts operating under the judicial system? All other courts such as the Court of Appeals, Court of Tax Appeals, etc. operating under the judicial system are called statutory courts established through statutory enactments made by Congress. What is Fiscal Autonomy? The judiciary shall enjoy fiscal autonomy. Fiscal autonomy means, the automatic release of funds once approved and appropriated by the Legislature. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. The Supreme Court and other Lower Courts of the Philippines

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Composition of the Supreme Court The Supreme Court is a collegial body composed of: 15 members • 1 Chief Justice • 14 Associate Justices. Who appoints members to the Judiciary? They are appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council and is not subject to confirmation by the Commission on Appointments. En Banc and Division Cases It may sit en banc or in its discretion in division of three, five or seven. It sits en banc when all the Justices take part in considering cases. It may also conduct its business in “division when only a number of justices take part.” The

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Supreme Court at present consists of three divisions with five Justices in each division. What are to be heard and decided by the Supreme Court sitting en banc: All cases involving the constitutionality of a treaty, international or executive agreements. Those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations. What are to be heard and decided by the Supreme Court sitting en banc: Cases heard in division when the required majority vote is not obtained. Cases where a doctrine of law laid down in a division or the court sitting en banc is modified by the Supreme Court. Administrative cases involving the dismissal of judges of a lower court. Sitting as electoral tribunal as judge of all contest relating to the elections, returns and qualifications of the President and Vice-President. All other

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cases which under the Rules of Court must be heard in division. What are the Qualifications for Members of the Judiciary? Under the Constitution, except for the Supreme Court, the qualifications for members of the bench are Constitutional and Statutory. What is a constitutional and statutory qualification? Constitutional refer to those qualifications prescribed under the Constitution. Statutory to those qualifications which the Congress may prescribe through ordinary legislation. Qualifications for Members of the Supreme Court (SC)

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1. Natural-born citizen of the Philippines. 2. At least forty years of age,


3. For fifteen years or more a judge of lower court or engage in the practice of law in the Philippines. This enumeration is exclusive, which means that Congress may not add additional qualifications through ordinary legislation. Qualifications for Members of the Lower Collegiate Court (composed of more than one judge such as the CA, CTA, Sandiganbayan) Qualifications: • Constitutional qualifications: 1. Natural-born citizen of the Philippines. 2. Member of the Philippine Bar. • Statutory qualifications: Congress may prescribe other qualifications.

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• Qualifications for Members of the Lower Courts (RTC, MTC, MeTC, MCTC) 1. Citizen of the Philippines (either naturalized or naturalborn) 2. Member of the Philippine Bar. 3. Congress may prescribe other qualifications. Furthermore, Members of the Supreme Court, lower collegiate courts and lower courts must be of person of proven competence, integrity, probity and independence. Salaries of Members of the Judiciary The salaries of the Chief Justice and of the Associate Justices of the Supreme Court, and of the judges of the lower courts shall be fixed by law. During their continuance in office, their salary shall not be decreased. What is the Judicial and Bar Council?

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The Judicial and Bar Council is a “significant innovation” introduced by the 1987 Constitution, the primary purpose of which is to recommend appointees to the judiciary. The Judicial and Bar Council Under the 1935 Constitution, the President with the consent of the Commission on Appointments appoints the members of the Judiciary. While under the 1973 Constitution, they are also directly appointed by the President.  The manner of appointing members of the Judiciary.  Under our present Constitution, the members are appointed from a list of nominees prepared by the Judicial and Bar Council.  Such appointment no longer requires confirmation by the Commission on Appointments.  The manner of appointing members of the Judiciary. This will remedy the situation in the past where “judges had practically beg for confirmation of their appointments.” For every vacancy, the Council will nominate at least three

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candidates. The manner of appointing members of the Judiciary. Hence, when the President appoints a justice or judge, his choice will be limited only to those recommended by the Council. The manner of appointing members of the Judiciary. This will prevent the President from appointing favored person to judicial post even if it is incompetent to discharge the delicate duty of courts. The Council may also perform such other functions and duties as the Supreme Court may assign to it. What is the composition of the Judicial and Bar Council? The Judicial and Bar Council consists of two kinds of members, the ex-officio and regular members. Ex-officio The Supreme Court Chief Justice shall be its ex-officio Chairman and the Clerk of the Supreme Court shall be the Secretary ex-officio of the Council. The Secretary of the Department of Justice and a Representative of the Congress as ex-officio members.

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Regular Members A representative of the Integrated Bar, a Professor of Law, a retired member of the Supreme Court, a representative of the private sector. Who appoints the regular members of the JBC? The President, with the consent of the Commission of Appointments appoints the regular members of the Council. What is the term of office of members of the JBC? Their term of office is staggered to four (4) years, thus of the Members first appointed, the representative of the Integrated Bar serve for four (4) years, the Professor of Law for three (3) years, the retired Justice for two (2) years, and the representative of the private sector of one (1) year. Tenure and Discipline

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The Members of the Supreme Court and judges of lower courts shall hold office of good behavior until they reached the age of seventy (70) years or become incapacitated to discharge the duties of their office. The Constitution does not provide a precise definition of what constitute good behavior. It is for the Supreme Court to determine since it has the power to discipline justices of lower collegiate courts and judges of the lower courts. The Supreme Court en banc may order their dismissal by a majority vote of the Members, who actually took part in the deliberations on the issues in the case and voted thereon. It has been said that the “misconduct of a judge that will warrant disciplinary action by the Supreme Court must have direct relation to and be connected with the performance of his official duties, not his character as a private individual.” What are the prohibitions on members of the courts? The Members of the Supreme Court and of other courts established shall not be designated to any agency performing quasi-judicial or administrative functions.

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Decision of the Court The conclusion of the Supreme Court in any case submitted to it for decision en banc or in division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason thereof. The same requirements shall be observed by all lower collegiate courts. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and law on which it is based. Thus, a judge cannot judge pronounce during the resolution of the case that the one party won over the other. Courts should state the reasons upon which their decision rests. There is no requirement as to the number of pages a decision must consists, but “decision shall be reasonable instead of infinite length. Likewise, “no petition for review or motion for reconsideration of a decision of the court

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shall be refused due course or denied without stating the legal basis thereof.” Period of Decisions One of the complaints against the government is the delay in the dispatch of cases. The clamor has been that justice delayed is justice denied. And so the Constitution provides for the period to which cases shall be decided. All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four (24) months from the date of submission for the Supreme Court, and unless reduced by the Supreme Court, twelve (12) months for all lower collegiate courts, and three (3) months for all other lower courts. A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself. Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall forthwith be issued and a copy thereof

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attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period. Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay. Review Questions

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1. What is judicial power and where is this power vested? 2. What is the composition of the Supreme Court and how are the members appointed? 3. What are the qualifications for Members of the Supreme Court, Lower Collegiate Courts and lower courts? 4. What is the Judicial and Bar Council and what are its functions? 5. What are cases heard and decided by the Supreme Court en banc?


POWERS OF THE SUPREME COURT As a rule, the Court does not take initial cognizance of controversies. It merely reviews decisions of other tribunals which have acted on these controversies. In fact, it does not initiate such review. Its review authority must be triggered by the filing of a petition by a proper party. In this sense, the judiciary is a passive branch of the government. It cannot act on a controversy unless ask to do so.” The only exception to this are death penalty cases decided by the lower courts which the Constitution provides that it is automatically reviewed by the Supreme Court. What is Judicial Review? Judicial Review is the power of the Supreme Court to declare an act of the Executive and Legislative Departments of the government unconstitutional in the light of its conformity with the Constitution. This is not an assertion of superiority by the courts over the other departments but merely an expression of the supremacy of the Constitution.

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The Constitution does not provide expressly for this authority exercise by the Court. It had its beginnings in the landmark decision written by Chief Justice John Marshall of the US Supreme Court. In that case, “Chief Justice Marshall successfully claimed for the judges the power of judicial review.” What are the Powers of the Supreme Court? The Constitution grants the Supreme Court original and appellate jurisdictions. Its work consists mainly in affirming, modifying or reversing decisions and decrees of lower courts; or of determining whether a lower court or a branch or an instrumentality of the government, including the Office of the President and Congress, has acted without or in excess of its jurisdiction or committed grave abuse of discretion in its functions and actions. The Constitution also grants certain administrative powers to the Supreme Court which includes the authority to appoint employees and officials of the judicial branch, rule-making power among many others. The following are the powers of the Supreme Court.

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What is Jurisdiction? Jurisdiction refers to the authority of the court to hear and determine a particular case. What is the Supreme Court’s original jurisdiction? The Supreme Court‟s original jurisdiction refers to its “authority to be the first court to hear a case.” The Supreme Court exercises original jurisdiction embracing cases affecting ambassadors, public ministers and consuls. These officials are our diplomatic representatives abroad, and under international law are immune from the jurisdiction of courts of the country where they are assigned subject to certain exceptions. Because of the importance of the cases affecting these officials to our diplomatic relations, it is but proper that the Supreme Court being the highest court of the land assumes the authority to decide the case. The Supreme Court also exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.

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What is a Certiorari? When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse or discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental relief as law and justice may require. What is a Prohibition? When the proceedings of any tribunal, corporation, board or officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified

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petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental relief as law and justice may require. What is a Mandamus? When any tribunal, corporation, board or personnel unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent.

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What is a Quo Warranto? An action for usurpation of a public office, position or franchise may be commenced by a verified petition brought in the name of the Republic of the Philippines. What is Habeas Corpus? Except as otherwise provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which a person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto. What is Appellate Jurisdiction? Appellate jurisdiction refers to the authority of the Supreme Court to review, revise, modify, or affirm final judgments rendered by lower courts. As mentioned, most of the work performed by the Court is in the exercise of this appellate jurisdiction.

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The Supreme Court has appellate jurisdiction over: 1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation in question. 2. All cases involving the legality of any tax imposed, assessment, or toll, or any penalty imposed in relation thereto. 3. All cases in which the jurisdiction of any lower court is in issue. 4. All criminal cases in which the penalty imposed is reclusion perpetua or higher. 5. All cases in which only error or question of law is involved. Temporary Assignment to Judges of Lower Courts The Supreme Court possesses the power to assign temporarily judges of lower courts to other stations as public interest may require. However, such temporary assignment shall not exceed six (6) months without the consent of the judge concerned.

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Order Change of Venue of Trial The Supreme Court has the power to order a change of venue or place of trial to avoid miscarriage of justice. What is the Rule-Making Power of the Supreme Court? Under its rule-making power, the Supreme Court has the authority to promulgate rules concerning the protection and enforcement of constitutional rights, pleadings, practice, and procedure in all courts. These rules “govern the manner by which cases are presented in courts for decision and prescribed the necessary papers which describe claims or defenses of the parties to a case. The Constitution is also granted the power to provide rules concerning admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Nevertheless, the Constitution provides that such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of

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the same grade, and shall not diminish, increase, or modify substantive rights. What is a substantive right? Substantive right is a term that includes those rights which one enjoys under the legal system prior to the disturbance of normal relations. Are special courts and quasi-judicial bodies authorized to promulgate their own rules? Special courts and quasi-judicial bodies are likewise authorized to promulgate their rules, but such rules shall remain effective unless disapproved by the Supreme Court. Appoint officials and employees The Supreme Court has the power to appoint all officials and employees of the judiciary. However, such appointment like those made by the other departments must be made in accordance with the Civil Service Law.

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Administrative Supervision over Court and Personnel The Supreme Court exercises administrative supervision over all courts as well as its personnel. Review Questions 1. Why is the Judiciary considered a passive branch of government? 2. What is the power of Judicial Review? 3. Differentiate between original and appellate jurisdiction of the Supreme Court. 4. What are the original jurisdictions of the Supreme Court? 5. What are the limitations on the rule-making power granted to the Supreme Court?

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The 1987 Philippine Constitution

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