Political Law (Constitutional Law)

1
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
ARTICLE I THE NATIONAL TERRITORY The national territory of the Philippines comprises: 1. The Philippine archipelago 2. With all the islands and waters embraced therein 3. And all other territories over which the Philippines has j risdiction !. "onsisting of its a. Terrestrial b. Fl vial# and c. Aerial domains $. %ncl ding its a. Territorial sea b. The seabed c. The s bsoil d. The ins lar shelves# and e. The ther s bmarine areas &. The waters a. Aro nd b. Between and c. Connecting d. The islands of the archipelago 'egardless of their breadth and dimensions (orm part of the %)T*')A+ WAT*', of the Philippines D!"i#i$i # " A%&'i(!)*+ An archipelago is a body of water st dded with islands. The Philippine archipelago is that body of water st dded with islands which is delineated in the Treaty of Paris -1./.01 as amended by the Treaty of Washington -1/220 and the Treaty of 3reat 4ritain -1/320. D!"i#i$i # " ,*)) 01%is2i&$i #3 $'!% $!%%i$ %i!s -!% .'i&' $'! P'i)i((i#!s '*s s -!%!i+#$/ %
sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
%t incl des any territory that presently belongs or might in the f t re belong to the Philippines thro gh any of the internationally accepted modes of ac5 iring territory. A%&'i(!)*+i& (%i#&i()! Two elements: 1. The definition of internal waters -as provided above0# 2. The straight baseline method of delineating the territorial sea 6 consists of drawing straight lines connecting appropriate points on the coast witho t departing to any appreciable e7tent from the general direction of the coast. I4( %$*#$ 2is$*#&!s .i$' %!s(!&$ $ $'! .*$!%s *% 1#2 $'! P'i)i((i#!s 1. Territorial sea 8 2. "ontig o s 9one 8 3. *7cl sive economic 9one 8 12 na tical miles -n.m.0 12 n.m. from the edge of the territorial sea 222 n.m. from the baseline :incl des -10 and -20;
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES Selected principles SEC 15 T'! P'i)i((i#!s is * 2!4 &%*$i& *#2 %!(16)i&*# S$*$!5 S -!%!i+#$/ %!si2!s i# $'! (! ()! *#2 *)) + -!%#4!#$ *1$' %i$/ !4*#*$!s "% 4 $'!45
E)!4!#$s " * S$*$! (" % 41#i&i(*) )*. (1%( s!s) CODE: PTS7
1. 2. 3. !.
A comm nity of persons1 more or less n mero s -P*<P+*0 Permanently occ pying a definite portion of territory -T*''%T<'=0 %ndependent of e7ternal control -S<>*'*%3)T=0 Possessing an organi9ed government to which the great body of inhabitants render habit al obedience -7<>*')?*)T0 CODE: CNCH
D!"i#i$i # " ,P! ()!3
1. 2. 3. !.
A Comm nity of persons# , fficient in N mber# Capable of maintaining the contin ed e7istence of the comm nity# and Held together by a common bond of law.
D!"i#i$i # " ,S -!%!i+#$/3 1. +*3A+ sovereignty a. The s preme power to ma@e law. b. %t is lodged in the people. 2. P<+%T%"A+ sovereignty a. The s m total of all the infl ences in a state1 b. +egal and non8legal1 c. Which determine the co rse of law.
3. According to the Principle of !T"#L$%$T T$"&:

,overeignty is the property of the state8force d e to which it has the e7cl sive capacity of legal self8determination and self8restriction. D!"i#i$i # " ,7 -!%#4!#$3 1. 2. 3. !. $. That instit tion or aggregate of instit tions by which an independent society ma@es and carries o t those r les of action which are necessary to enable men to live in a social state or which are imposed pon the people forming that society by those who possess the power or a thority of prescribing them.
C)*ssi"i&*$i # " + -!%#4!#$s 1. 'e (ure 2. 'e facto 8 one established by the a thority of the legitimate sovereign 8 one established in defiance of the legitimate sovereign
C)*ssi"i&*$i # " de facto + -!%#4!#$s
1. 'e facto proper

a. b. c. d. That government that gets possession and control of or s rps by force or by the voice of majority the rightf l legal government and maintains itself against the will of the latter.
2. 3overnment of paramount force

a. That which is established and maintained by military forces b. who invade and occ py a territory of the enemy c. in the co rse of war.
3. That established as an independent government by the inhabitants of a co ntry who

rise in insurrection against the parent state.
D!"i#i$i # " ,R!(16)i&*# S$*$!3 %t is one wherein all government a thority emanates from the people and is e7ercised by representatives chosen by the people. D!"i#i$i # " D!4 &%*$i& S$*$! This merely emphasi9es that the Philippines has some aspects of direct democracy s ch as initiative and referend m. SEC5 25 T'! P'i)i((i#!s %!# 1#&!s .*% *s *# i#s$%14!#$ " #*$i #*) ( )i&/8 *2 ($s $'! +!#!%*))/ *&&!($!2 (%i#&i()!s " i#$!%#*$i #*) )*. *s (*%$ " $'! )*. " $'! )*#2 *#2 *2'!%!s $ $'! ( )i&/ " (!*&!8 !91*)i$/8 01s$i&!8 "%!!2 48 & (!%*$i #8 *#2 *4i$/ .i$' *)) #*$i #s5 :i#2 " .*% %!# 1#&!2 6/ $'! P'i)i((i#!s The Philippines only reno nces GGRESS$)E war as an instr ment of national policy. %t does not reno nce defensive war. S 4! ;+!#!%*))/ *&&!($!2 (%i#&i()!s C 1%$: " i#$!%#*$i #*) )*.; %!& +#i<!2 6/ $'!
1. 'ight of an alien to be released on bail while awaiting deportation when his fail re to
leave the co ntry is d e to the fact that no co ntry will accept him -%e(off v* 'irector of Prisons1 /2 Phil. A20 2. The right of a co ntry to establish military commissions to try war criminals -+uroda v* ,alondoni, .3 Phil. 1A10 3. The >ienna "onvention on 'oad ,igns and ,ignals - gustin v* Edu, .. ,"'A 1/$0 A4i$/ .i$' *)) #*$i #s This does not mean a tomatic diplomatic recognition of all nations. recognition remains a matter of e7ec tive discretion. Biplomatic
SEC =5 Ci-i)i*# *1$' %i$/ is8 *$ *)) $i4!s8 s1(%!4! -!% $'! 4i)i$*%/5 T'! A%4!2 F %&!s " $'! P'i)i((i#!s is $'! (% $!&$ % " $'! (! ()! *#2 $'! S$*$!5 I$s + *) is $ s!&1%! $'! s -!%!i+#$/ " $'! S$*$! *#2 $'! i#$!+%i$/ " $'! #*$i #*) $!%%i$ %/5 Ci-i)i*# *1$' %i$/>s1(%!4*&/ &)*1s! (1s$ s!#$!#&!) 1. "ivilian a thority simply means the s premacy of the law beca se a thority1 nder o r constit tional system1 can only come from law. 2. Cnder this cla se1 the soldier reno nces political ambition. M*%? " s -!%!i+#$/ (2#2 *#2 =%2 s!#$!#&!s) 1. Positively1 this cla se singles o t the military as the g ardian of the people and of the integrity of the national territory and therefore ltimately of the majesty of the law. 2. )egatively1 it is an e7pression of disapproval of military ab ses. SEC @5 T'! (%i4! 21$/ " $'! 7 -!%#4!#$ is $ s!%-! *#2 (% $!&$ $'! (! ()!5 T'! 7 -!%#4!#$ 4*/ &*)) 1( # $'! (! ()! $ 2!"!#2 $'! S$*$! *#28 i# $'! "1)"i))4!#$ $'!%! "8 *)) &i$i<!#s 4*/ 6! %!91i%!28 1#2!% & #2i$i #s (% -i2!2 6/ )*.8 $ %!#2!% (!%s #*)8 4i)i$*%/8 % &i-i) s!%-i&!5 SEC5 A5 T'! 4*i#$!#*#&! " (!*&! *#2 %2!%8 $'! (% $!&$i # " )i"!8 )i6!%$/ *#2 (% (!%$/8 *#2 $'! (% 4 $i # " $'! +!#!%*) .!)"*%! *%! !ss!#$i*) " % $'! !#0 /4!#$ 6/ *)) $'! (! ()! " $'! 6)!ssi#+s " 2!4 &%*&/5 SEC5 B5 T'! s!(*%*$i # " C'1%&' *#2 S$*$! s'*)) 6! i#-i )*6)!5
Selected state policies SEC5 C5 T'! S$*$! s'*)) (1%s1! *# i#2!(!#2!#$ " %!i+# ( )i&/5 I# i$s %!)*$i #s .i$' $'!% s$*$!s8 $'! (*%*4 1#$ & #si2!%*$i # s'*)) 6! #*$i #*) s -!%!i+#$/8 $!%%i$ %i*) i#$!+%i$/8 #*$i #*) i#$!%!s$8 *#2 $'! %i+'$ $ s!)"D2!$!%4i#*$i #5 SEC5 E5 T'! P'i)i((i#!s8 & #sis$!#$ .i$' $'! #*$i #*) i#$!%!s$8 *2 ($s *#2 (1%s1!s * ( )i&/ " "%!!2 4 "% 4 #1&)!*% .!*( #s i# i$s $!%%i$ %/5 Policy of freedom from nuclear weapons 1. The policy P'<D%4%T,: a. The possession1 control and man fact re of n clear weapons b. ) clear arms tests. 2. The policy does )<T prohibit the peacef l ses of n clear energy. SEC5 125 T'! S$*$! %!& +#i<!s $'! s*#&$i$/ " "*4i)/ )i"! *#2 s'*)) (% $!&$ *#2 s$%!#+$'!# $'! "*4i)/ *s * 6*si& *1$ # 4 1s s &i*) i#s$i$1$i #5 I$ s'*)) !91*))/ (% $!&$ $'! )i"! " $'! 4 $'!% *#2 $'! )i"! " $'! 1#6 %# "% 4 & #&!($i #5 !$&5 Principle that the family is not a creature of the state* P% $!&$i # " % $'! 1#6 %# 1. %t is not an assertion that the nborn is a legal person. 2. %t is not an assertion that the life of the nborn is placed e7actly on the level of the life of the mother. Dence1 when it is necessary to save the life of the mother1 the life of the nborn may be sacrificed. 3. Cnder this provision1 the 'oe v. Wade doctrine allowing abortion p to the &th month of pregnancy cannot be adopted in the Philippines beca se the life of the nborn is protected from the time of conception. SEC5 1B5 T'! S$*$! s'*)) (% $!&$ *#2 *2-*#&! $'! %i+'$ " $'! (! ()! $ * 6*)*#&!2 *#2 '!*)$'"1) !& ) +/ i# *&& %2 .i$' $'! %'/$'4 *#2 '*%4 #/ " #*$1%!5 1. While the right to a balanced and healthf l ecology is fo nd nder the declaration of Principle and ,tate Policies and not nder the 4ill of 'ights1 it does not follow that it is less important than any of the civil and political rights en merated in the latter. -<posa v. (actoran0 The right to a balanced and healthf l ecology carries with it the correlative d ty to refrain from impairing the environment. -<posa v. (actoran0
2.
SEC5 2B5 T'! S$*$! s'*)) +1*%*#$!! !91*) *&&!ss $ (( %$1#i$i!s " % (16)i& s!%-i&!8 *#2 (% 'i6i$ ( )i$i&*) 2/#*s$i!s *s 4*/ 6! 2!"i#!2 6/ )*.5 SEC5 2C5 T'! S$*$! s'*)) 4*i#$*i# ' #!s$/ *#2 i#$!+%i$/ i# $'! (16)i& s!%-i&! *#2 $*?! ( si$i-! *#2 !""!&$i-! 4!*s1%!s *+*i#s$ +%*"$ *#2 & %%1($i #5 SEC5 2E5 S160!&$ $ %!*s #*6)! & #2i$i #s (%!s&%i6!2 6/ )*.8 $'! S$*$! *2 ($s *#2 i4()!4!#$s * ( )i&/ " "1)) (16)i& 2is&) s1%! " *)) i$s $%*#s*&$i #s i#- )-i#+ (16)i& i#$!%!s$5 ARTICLE III BILL OF RI7HTS S!&$i # 15 N (!%s # s'*)) 6! 2!(%i-!2 " )i"!8 )i6!%$/ % (% (!%$/ .i$' 1$ 21! (% &!ss " )*.8 # % s'*)) *#/ (!%s # 6! 2!#i!2 $'! !91*) (% $!&$i # " $'! )*.s5 BILL OF RI7HTS The 4ill of rights is a g arantee that there are certain areas of a personEs life1 liberty and property which governmental power may not to ch.
The 4ill of rights is a declaratory of f ndamental principles and of the basic rights of citi9enship. %t en merates some of the private and inalienable rights of the people1 and it has been said that the rights protected by the 4ill of 'ights are those that inhere in the Fgreat and essential principles of liberty and free government.G The rights in the 4ill of 'ights are sometimes referred to as nat ral laws and as being fo nded on nat ral right and j stice. Any governmental action in violation of the rights declared in the 4ill of 'ights is void1 so that the provisions of a 4ill of 'ights are self 6 e7ec ting to this e7tent# however1 the legislat re may enact laws to protect and enforce the provisions of the 4ill of 'ights. To the law of force rather than the force of law1 it is necessary to remind o rselves that certain basic rights and liberties are imm table - nchangeable0 and cannot be sacrificed to the transient needs or imperio s demands of the r ling power. The r le of law m st prevail or else liberty will perish. The provisions of the bill of rights are primarily limitations on government1 declaring rights that e7ist witho t any governmental grant1 that may not be ta@en away by government and that government has d ty to protect. The f ndamental h man rights conferred by the "onstit tion are not absol te. The totality of governmental power is contained in the three -30 great powers: police power1 power of eminent domain1 and power of ta7ation. These are inherent powers of government. A constit tion can only define and delimit them and allocate their e7ercise among vario s government agencies. BALANCIN7 THE RI7HTS OF PERSONS AND POLICE POWER (or the proper defense and protection of freedom1 a political instit tion m st possess power. Dence1 government becomes the delicate art of balancing the power of government and the freedom of the governed. D!"i#i$i # " ,P )i&! P .!%3: 10 20 30 !0 $0 &0 A0 Power vested in the legislat re 4y the "onstit tion To ma@e1 ordain1 and establish All manner of wholesome and reasonable laws1 stat tes1 and ordinances *ither with penalties or witho t )ot rep gnant to the constit tion As they shall j dge to be for the good and welfare of the commonwealth and of the s bjects of the same.
POLICE POWER The power of promoting the p blic welfare by restraining and reg lating the se of liberty and property. The power vested in the legislat re by the constit tion to ma@e1 ordain1 and establish all manner of wholesome and reasonable laws1 stat tes1 and ordinance1 either with penalties or witho t1 not rep gnant to the
&
constit tion1 as they shall j dge to be for the good and welfare of the commonwealth1 and of the s bjects of the same.
The power of the state to reg late liberty and property for the promotion of the general welfare. The personEs acts and ac5 isitions are hemmed in the police power. %t is the most essential1 insistent and the least limitable of powers1 e7tending as it does to all the great p blic needs. Police power rests pon p blic necessity and pon the right of the state and of the p blic to self 6 protection. )egatively1 police power is defined as that inherent and plenary -f ll0 power in the ,tate which enables it to prohibit all that is h rtf l to the comfort1 safety1 and welfare of society. -*rmita > ?ayor of ?anila0 8 8 8 8 public health public safety public morals general welfare
SCOPE OF POLICE POWER Police power rests pon p blic necessity and pon the right of the ,tate and of the p blic to self 6 protection. (or this reason1 its scope e7pands and contracts with changing needs. POWER OF EFPROPRIATION OR POWER OF EMINENT DOMAIN *nables the state to forcibly ac5 ire private property1 j st compensation1 for some intended p blic se. pon payment of
Power of e7propriation is the highest and most e7act idea of property remaining in the government that may be ac5 ired for some p blic p rpose thro gh a method in the nat re of comp lsory sale to the state. The provision sho ld be strictly interpreted against the e7propriator and liberally in favor of the property owner. The e7ercise of this power is necessarily in derogation of private rights1 and the r le in that case is that the a thority m st be strictly constr ed. *7cept for police power and power of ta7ation1 only the power of e7propriation may be e7ercised by p blic and private corporations. POWER OF TAFATION The state is able to demand from the members of society their proportionate share or contrib tion in the maintenance of the government. %mportance of ta7ation derives from the navoidable obligation of the government to protect the people and e7tend them benefits in the form of p blic projects and services. Ri+'$ $ )i"! The constit tional protection to life is not j st a protection of the right to be alive or to the sec rity of oneEs limb against physical harm. The right to life is the right to a good life. Ri+'$ $ )i6!%$/
%ncl des that right to e7ist and the right to be free from arbitrary restraint or servit de.
The right to enjoy the fac lties to which he has been endowed by his "reator1 s bject only to s ch restraints as are necessary for the common welfare. The chief elements to the g arantee are the right to contract1 the right to choose ones employment1 the right to labor and the right to locomotion. )ot only physical liberty b t also intellect al liberty. Ri+'$ $ (% (!%$/ Protected property incl de all @inds of property fo nd in the "ivil "ode. %t has been deemed to incl de vested rights. E-ample. 1. The right to labor1 s ch that an employee may not be removed witho t giving d e process# and 2. The right to p blic office. HEIRARCHY OF RI7HTS: PRIMACY OF HUMAN RI7HTS OVER PROPERTY RI7HTS The primacy of h man rights over property rights are recogni9ed. 4eca se these freedoms are Fdelicate and v lnerable1 as well as s premely precio s in o r societyG and the Fthreat of sanctions may deter their e7ercise almost as potently as the act al application of sanctions1G they Fneed breathing space to s rvive1G permitting government reg lation only Fwith narrow specificity.G Property and property rights can be lost thro gh prescription# b t h man rights are imprescriptible. %f h man rights are e7ting ished by the passage of time1 then the 4ill of 'ights s a seless attempt to limit the power of government and ceases to be an efficacio s shield against tyranny of officials1 of majorities1 of the infl ential and powerf l1 and of oligarchs. Property is not a basic right. Property has an intimate relation with life and liberty. Protection of property was a primary object of the social compact and that the absence of s ch protection co ld well lead to anarchy and tyranny. Property is an important instr ment enhancement of personal dignity. for the preservation and
Property is as important as life and liberty 6 and to protect their -poor0 property is really to protect their life and their liberty. As(!&$s " ,D1! P% &!ss3:
1. Procedural due process 6 refers to the mode of proced re which government

agencies m st follow in the enforcement and application of laws.
2. Substantive due process 6 prohibition against arbitrary laws.

N $!: P'<"*BC'A+ BC* P'<"*,,: 1. A law which hears before it condemns. 2. B e process of law contemplates notice and opport nity to be heard before j dgment is rendered affecting oneEs person or property -+ope9 v. Bir. of +ands0
3. B e process depends on circ mstances# it varies with the s bject matter and the necessities of the sit ation.
R!91isi$!s " PROCEDURAL 21! (% &!ss: F % GUDICIAL (% &!!2i#+s: CODE: C G N O H
1. A &o rt or trib nal clothed with j dicial power to hear and determine
the matter before it.
2. G risdiction m st be lawf lly ac5 ired over the person of the

defendant or over the property which is the s bject of the proceedings. 3. The defendant m st be given #otice and an pport nity to be heard. !. H dgment m st be rendered pon a lawf l 'earing. F % ADMINISTRATIVE (% &!!2i#+s: CODE: H E D S H I P
1. The right to a 'earing1 which incl des the right to present oneEs case
and s bmit evidence in s pport thereof. The trib nal m st consider the !vidence presented. The 2ecision m st have something to s pport itself. *vidence s pporting the concl sion m st be s bstantial. The decision m st be based on the evidence presented at the 'earing or at least contained in the record and disclosed to the parties affected. &. The trib nal or body or any of its j dges m st act on its or his own independent consideration of the law and facts of the controversy1 and not simply accept the views of a s bordinate in arriving at a decision. A. The board or body sho ld1 in all controversial 5 estions1 render its decision in s ch a manner that the (arties to the proceeding can @now the vario s iss es involved and the reasons for the decision rendered.
2. 3. !. $.
N $!: 1. What is re5 ired is not act al hearing1 b t a real opport nity to be heard. 2. The re5 irement of d e process can be satisfied by s bse5 ent d e hearing. 3. >iolation of d e process: when same person reviews his own decision on appeal. !. )otice and hearing are re5 ired in j dicial and 5 asi8j dicial proceedings1 b t not in the prom lgation of general r le. F % SCHOOL DISCIPLINARY (% &!!2i#+s: CODE: W A I# A D P
1. The st dent m st be informed in .riting of the nat re and ca se of

any acc sation against them.
2. The st dent shall have the right to *nswer the charges against him1
with the assistance of co nsel if desired.
3. The st dent has the right to be i#formed of the evidence against him. !. The st dent has the right to *dd ce evidence in his own behalf. $. The evidence m st be 2 ly considered by the investigating committee
or official designated by the school a thorities to hear and decide the case. &. The penalty imposed m st be (roportionate to the offense. N $!: 1. The school has a contract al obligation to afford its st dents a fair opport nity to complete the co rse a st dent has enrolled for. 2. *7ceptions: 3. ,erio s breach of discipline# or
!. (ail re to maintain the re5 ired academic standard. $. Proceedings in st dent disciplinary cases may be s mmary# cross8 e7amination is not essential
I#s$*#&!s .'!# '!*%i#+s *%! NOT #!&!ss*%/:
1. When administrative agencies are e7ercising their /uasi#legislative

f nctions. Abatement of nuisance per se. 3ranting by co rts of provisional remedies. "ases of preventive suspension. Removal of temporary employees in the government service. %ss ance of warrants of distraint and0or levy by the 1$R Commissioner* A. Cancellation of the passport of a person charged with a crime. .. %ss ance of se/uestration orders -considered a provisional remedy0. /. H dicial order which prevents an acc sed from travelling abroad in order to maintain the effectivity of the co rtEs j risdiction. 12. Suspension of a ban23s operations by the ?onetary 4oard pon a prima facie finding of li5 idity problems in s ch ban@.
2. 3. !. $. &.
N $!: 1. The right to co nsel is a very basic re5 irement of s bstantive d e process and has to be observed even in administrative and 5 asi8j dicial bodies. 2. The right to appeal is a s$*$1$ %/ (%i-i)!+! that may be e7ercised only in the manner in accordance with law. R!91isi$!s " SUBSTANTIVE 21! (% &!ss: CODE: I M
1. The $&TERESTS of the p blic generally1 as disting ished from those of a

partic lar class1 re5 ires the interference by the government and
2. The %E &S employed are necessary for the accomplishment of the p rpose
and not nd ly oppressive pon individ als. R!91i%!4!#$s " * -*)i2 %2i#*#&!: 1. 2. 3. !. $. &. ? ? ? ? ? ? st not contravene the "onstit tion or any stat te st not be nfair or oppressive st not be partial or discriminatory st not prohibit1 b t may reg late trade st be general and consistent with p blic policy st not be nreasonable
W'!# is * )*. VA7UEH 1. When it lac@s "<?P'*D*),%4+* ,TA)BA'B, 2. That men of ordinary intelligence m st necessarily 3C*,, as to its meaning 3. And differ as to its application E91*) P% $!&$i # " $'! )*. The e5 ality that it g arantees is legal e5 ality or the e5 ality of all persons before the law. %t does not demand absol te e5 ality. %t merely re5 ires that all persons shall be treated ali@e1 nder li@e circ mstances and conditions both as to privileges conferred and liabilities enforced. R!91isi$!s " % -*)i2 &)*ssi"i&*$i # " % (1%( s!s " $'! !91*) (% $!&$i # &)*1s! T'! &)*ssi"i&*$i # 41s$: CODE: S7EE
12
POLITICAL LAW (CONSTITUTIONAL LAW) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald 1. 2. 3. !.
'est on SC4,TA)T%A+ B%,T%)"T%<), 4e 7*'?A)* to the p rposes of the law )<T +%?%T*B T< EI%,T%)3 "<)B%T%<), only APP+= EJCA++= to all members of the ,A?* "+A,,.
S!&$i # 25 T'! %i+'$ " $'! (! ()! $ 6! s!&1%! i# $'!i% (!%s #s8 ' 1s!s8 (*(!%s8 *#2 !""!&$s *+*i#s$ 1#%!*s #*6)! s!*%&'!s *#2 s!i<1%!s " .'*$!-!% #*$1%! *#2 " % *#/ (1%( s! s'*)) 6! i#-i )*6)!8 *#2 # s!*%&' .*%%*#$ % .*%%*#$ " *%%!s$ s'*)) iss1! !I&!($ 1( # (% 6*6)! &*1s! $ 6! 2!$!%4i#!2 (!%s #*))/ 6/ $'! 012+! *"$!% !I*4i#*$i # 1#2!% *$' % *""i%4*$i # " $'! & 4()*i#*#$ *#2 $'! .i$#!ss!s '! 4*/ (% 21&!8 *#2 (*%$i&1)*%)/ 2!s&%i6i#+ $'! ()*&! $ 6! s!*%&'!2 *#2 $'! (!%s # % $'i#+s $ 6! s!i<!25 7!#!%*) R1)!: ,earch and sei9 res are nreasonable C)+*,, a thori9ed by a validly iss ed search warrant or warrant of arrest R!91isi$!s " % * -*)i2 .*%%*#$: CODE: P G E D
1. %t m st be iss ed pon P'<4A4+* "AC,*. 2. The e7istence of probable ca se is determined personally by the GUD7E. 3. The j dge m st EIA?%)* C)B*' <ATD the complainant and the witnesses
he may prod ce. !. The warrant m st PA'T%"C+A'+= D*,"'%4* the place to be searched and person or things to be sei9ed. D!"i#i$i # " ,PROBABLE CAUSE3 4or the issuance of a warrant of arrest. Probable ca se refers to s ch facts and circ mstances which wo ld lead a reasonably discreet and pr dent man to believe that an offense has been committed by the person so ght to be arrested. 4or the issuance of a search warrant. Probable ca se wo ld mean s ch facts and circ mstances which wo ld lead a reasonably discreet and pr dent man to believe that an offense has been committed and that the objects so ght in connection with the offense are in the place to be searched. N $!: Probable ca se for the iss ance of a search warrant does )<T re5 ire that the probable g ilt of a specific offender be established1 nli@e in the case of a warrant of arrest. EIis$!#&! " (% 6*6)! &*1s! ,DETERMINED PERSONALLY BY THE GUD7E3 The j dge is )<T re5 ired to personally e7amine the complainant and his witnesses. What the "onstit tion nderscores is the e7cl sive and personal responsibility of the iss ing j dge to satisfy himself of the e7istence of probable ca se - Soliven v* %a2asiar1 1&A ,"'A 3/!0. To be s re1 the H dge m st go beyond the prosec torEs certification and investigation report whenever necessary -+im v. (eli70. P% &!21%!: 1. The j dge personally eval ates the report and s pporting doc ments s bmitted by the fiscal regarding the e7istence of probable ca se and1 on the basis thereof1 iss e a warrant of arrest or
11
2. %f on the basis thereof1 the j dge finds no probable ca se1 he may disregard the fiscalEs report and re5 ire the s bmission of s pporting affidavits of witnesses to aid him in arriving at the concl sion as to the e7istence of probable ca se.
EI*4i#*$i # ,UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND WITNESSES3 1. The oath re5 ired m st refer to the tr th of the facts within the personal @nowledge of the complainant or his witnesses beca se the p rpose is to convince the j dge of the e7istence of probable ca se -Alvare9 v. "(%1 &! Phil. 330. 2. The tr e test of s fficiency of an affidavit to warrant the iss ance of a search warrant is whether it has been drawn in s ch a manner that perj ry co ld be charged thereon and affiant be held liable for the damages ca sed -Alvare9 v. "(%0. PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to partic larly describe the things to be sei9ed when
$'! 2!s&%i($i # $'!%!i# is *s s(!&i"i& *s $'! &i%&14s$*#&!s .i)) %2i#*%i)/ *)) . or 2. When $'! 2!s&%i($i # !I(%!ss!s * & #&)1si # " "*&$ 6 not of law 6 by which the warrant officer may be g ided in ma@ing the search and sei9 re or 3. When $'! $'i#+s 2!s&%i6!2 *%! )i4i$!2 $ $' s! .'i&' 6!*% * 2i%!&$ %!)*$i # $ $'! ""!#s! for which the warrant is being iss ed -1ache and Co* v* Rui51 3A ,"'A .230. GOHN DOE WARRANT A FHohn BoeG warrant can satisfy the re5 irement of partic larity of description if it contains a descriptio personae s ch as will enable the officer to identify the acc sed -People v* )eloso1 !. Phil. 1$/0 7ENERAL WARRANT A general warrant is one that does not allege any specific acts or omissions constit ting the offense charged in the application for the iss ance of the warrant. %t contravenes the e7plicit demand of the 4ill of 'ights that the things to be sei9ed be partic larly described. VALID WARRANTLESS SEARCH 1. ,earch made as an incident to lawf l arrest A. An officer ma@ing an arrest may ta@e from the person arrested: i. Any money or property fo nd pon his person which was sed in the commission of the offense or ii. Was the fr it thereof or iii. Which might f rnish the prisoner with the means of committing violence or escaping or iv. Which may be sed in evidence in the trial of the case 4. The search m st be made sim ltaneo sly with the arrest and it may only be made in the area within the reach of the person arrested 2. ,earch of moving vehicles A. This e7ception is based on e7igency. Th s1 if there is time to obtain a warrant in order to search the vehicle1 a warrant m st first be obtained. 4. The search of a moving vehicle m st be based on probable ca se.
12
3. ,ei9 re of goods concealed to avoid c stoms d tiesKa thori9ed nder the Tariffs and " stoms "ode A. The Tariffs and " stoms "ode a thori9es persons having police a thority nder the "ode to effect search and sei9 res witho t a search warrant to enforce c stoms laws. 4. *7ception: A search warrant is re5 ired for the search of a dwelling ho se. ". ,earches nder this e7ception incl de searches at borders and ports of entry. ,earches in these areas do not re5 ire the e7istence of probable ca se
13
!. ,ei9 re of evidence in plain view A. To be a valid warrantless search1 the articles m st be open to the eye and hand. 4. The peace officer comes pon them inadvertently. $. Waiver of right A. 'e5 isites of a valid waiver: i. ii. iii. The right e7ists. The person had act al or constr ctive @nowledge of the e7istence of s ch right. There is an act al intention to relin5 ish s ch right.
4. The right against nreasonable searches and sei9 res is a personal right. Th s1 only the person being searched can waive the same. ". Waiver re5 ires a positive act from the person. ?ere absence of opposition is not a waiver. B. The search made p rs ant to the waiver m st be made within the scope of the waiver. N $!:
1. "hec@points: as long as the vehicle is neither searched nor its occ pants
s bjected to a body search and the inspection of the vehicle is limited to a vis al search L valid search -)almonte )* 'e )illa0 2. "arroll r le: warrantless search of a vehicle that can be 5 ic@ly moved o t of the locality or j risdiction 3. The 1/.A "onstit tion has ret rned to the 1/3$ r le that warrants may be iss ed only by j dges1 b t the "ommissioner of %mmigration may order the arrest of an alien in order to carry o t a (%)A+ deportation order. VALID WARRANTLESS ARRESTS 1. When the person to be arrested has committed1 is act ally committing1 or is abo t to commit an offense in the presence of the arresting officer. 2. When an offense has in fact j st been committed and the arresting officer has personal @nowledge 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 j dgment or temporarily confined while his case is pending1 or has escaped while being transferred from one confinement to another. !. Waiver of an invalid arrest: When a person who is detained applies for bail1 he is deemed to have waived any irreg larity which may have occ rred in relation to his arrest. $. Dot p rs it A. The p rs it of the offender by the arresting officer m st be contin o s from the time of the commission of the offense to the time of the arrest. 4. There m st be no s pervening event which brea@s the contin ity of the chase.
1!
&. ,top and fris@ When a policeman observes s spicio s activity which leads him to believe that a crime is abo t to be committed1 he can investigate the s spicio s loo@ing person and may fris@ him for weapons as a meas re of self8protection. ,ho ld he find1 however1 a weapon on the s spect which is nlicensed1 he can arrest s ch person then and there for having committed an offense in the officerEs presence. S!&$i # =5 (1) T'! (%i-*&/ " & 441#i&*$i # *#2 & %%!s( #2!#&! s'*)) 6! i#-i )*6)! !I&!($ 1( # )*."1) %2!% " $'! & 1%$8 % .'!# (16)i& s*"!$/ % %2!% %!91i%!s $'!%.is! *s (%!s&%i6!2 6/ )*.5 (2) A#/ !-i2!#&! 6$*i#!2 i# -i )*$i # " $'is % $'! (%!&!2i#+ s!&$i # s'*)) 6! i#*24issi6)! " % *#/ (1%( s! i# *#/ (% &!!2i#+s5 '.A. !222 -Anti8Wiretapping Act0 1. The law does not disting ish between a party to the private comm nication or a third person. Dence1 both a party and a third person co ld be held liable nder '.A. !222 if they commit any of the prohibited acts nder '.A. !222 -'amire9 v. "a0 2. The se of a telephone e7tension to overhear a private conversation is not a violation of '.A. !222 beca se it is not similar to any of the prohibited devices nder the law. Also1 a telephone e7tension is not p rposely installed for the p rpose of secretly intercepting or recording private comm nication. -3aanan v. %A"1 1!$ ,"'A 1120 T/(!s " & 441#i&*$i # (% $!&$!2: +etters1 messages1 telephone calls1 telegrams and the li@e. EI&)1si #*%/ %1)!: Any evidence obtained shall be inadmissible for any p rpose in any proceeding. Dowever1 in the absence of governmental interference1 the protection against nreasonable search and sei9 re cannot be e7tended to acts committed by private individ als. -People v* %artin0 S!&$i # @5 N )*. s'*)) 6! (*ss!2 *6%i2+i#+ $'! "%!!2 4 " s(!!&'8 " !I(%!ssi #8 % " $'! (%!ss8 % " $'! %i+'$ " $'! (! ()! (!*&!*6)/ $ *ss!46)! *#2 (!$i$i # $'! + -!%#4!#$ " % %!2%!ss " +%i!-*#&!s5 W'*$ *%! & #si2!%!2 (% $!&$!2 s(!!&': Protected speech incl des every form of e7pression1 whether oral1 written1 tape or disc recorded. %t incl des motion pict res as well as what is @nown as symbolic speech s ch as the wearing of an armband as a symbol of protest. Peacef l pic@eting has also been incl ded within the meaning of speech. P% 'i6i$i #s 1#2!% S!&$i # @ 1. Prohibition against P'%<' '*,T'A%)T 2. Prohibition against ,C4,*JC*)T PC)%,D?*)T P% 'i6i$i # *+*i#s$ (%i % %!s$%*i#$ 1. Prior restraint means official governmental restrictions on the press or other forms of e7pression in advance of act al p blication or dissemination. 2. *7amplesKforms of prior restraint a. movie censorship b. j dicial prior restraint L inj nction against p blication c. license ta7es based on gross receipts for the privilege of engaging in the b siness of advertising in any newspaper d. flat license fees for the privilege of selling religio s boo@s
1$
W'!# (% 'i6i$i # 2 !s # $ *(()/ a. B ring a war. *7. 3overnment can prevent p blication abo t the n mberKlocations of its troops -)ear v. ?innesota1 23. C, &/A0 b. <bscene p blications. S$*#2*%2s " % *)) .*6)! s16s!91!#$ (1#is'4!#$ T*,T 1. Bangero s Tendency Test "'%T*'%<) There sho ld be a 'AT%<)A+ "<))*"T%<) between the speech and the evil apprehended. There sho ld be a clear and present danger that the words when sed nder s ch circ mstances are of s ch a nat re as to create a "+*A' A)B P'*,*)T BA)3*' that they will bring abo t the s bstantive evils that the ,tate has a right to prevent. The co rts sho ld 4A+A)"* the PC4+%" %)T*'*,T served by legislation on one hand and the ('**B<? <( ,P**"D -or any other constit tional right0 on the other. The co rts will then decide where the greater weight sho ld be placed.
2. "lear and Present Banger Test
3. 4alancing of %nterests Test
F%!!2 4 " S(!!&' The doctrine on freedom of speech was form lated primarily for the protection of FcoreG speech1 i.e. speech which comm nicates political1 social or religio s ideas. These enjoy the same degree of protection. "ommercial speech1 however1 does not. C 44!%&i*) S(!!&' 1. A comm nication which no more than proposes a commercial transaction. 2. To enjoy protection: a. %t m st not be false or misleading# and b. %t sho ld not propose an illegal transaction. 3. *ven tr thf l and lawf l commercial speech may be reg lated if: a. 3overnment has a s bstantial interest to protect# b. The reg lation directly advances that interest# and c. %t is not more e7tensive than is necessary to protect that interest. -Central 6udson Gas and Electric Corp* v* Public Service Commission of &7, !!A C, $$A0 U#(% $!&$!2 S(!!&' 15 LIBEL
A. 4 $R C"%%E&T 8!*S* Rule9* These are statements of <P%)%<)1 not of fact1

and are not considered actionable1 even if the words sed are neither mild nor temperate. What is important is that the opinion is the tr e and honest opinion of the person. The statements are not sed to attac@ personalities b t to give oneEs opinion on decisions and actions.
4. "P$&$"&S* With respect to p blic personalities -politicians1 actors1 anyone with

a connection to a newsworthy event01 opinions can be aired regarding their p blic act ations. "omment on their private lives1 if not germane to their p blic personae1 are not protected.
1&
25 OBSCENITY
A. Test for obscenity -?iller v. "alifornia0

i. ii. iii. Whether the average person1 applying contemporary comm nity standards wo ld find that the wor@1 ta@en as a whole1 appeals to the pr rient interest. Whether the wor@ depicts or describes1 in a patently offensive way1 se7 al cond ct1 specifically defined by law. Whether the wor@1 ta@en as a whole1 lac@s serio s literary1 artistic1 political or scientific val e.
1* Procedure for sei5ure of allegedly obscene publications i. A thorities m st apply for iss ance of search warrant. ii. "o rt m st be convinced that the materials are obscene. Apply clear and present danger test. iii. H dge will determine whether they are in fact FobsceneG. iv. H dge will iss e a search warrant. v. Proper action sho ld be filed nder Art. 221 of the 'P". vi. "onviction is s bject to appeal. Ri+'$ " Ass!46)/ *#2 P!$i$i # 1. The standards for allowable impairment of speech and press also apply to the right of assembly and petition. 2. ' les on assembly in p blic places: i. ii. Applicant sho ld inform the licensing a thority of the date1 the p blic place where and the time when the assembly will ta@e place. The application sho ld be filed ahead of time to enable the p blic official concerned to appraise whether there are valid objections to the grant of the permit or to its grant1 b t in another p blic place. The grant or ref sal sho ld be based on the application of the "lear and Present Banger Test. %f the p blic a thority is of the view that there is an imminent and grave danger of a s bstantive evil1 the applicants m st be heard on the matter. The decision of the p blic a thority1 whether favorable or adverse1 m st be transmitted to the applicants at the earliest opport nity so that they may1 if they so desire1 have reco rse to the proper j dicial a thority.
iii. iv.
3. ' les on assembly in private properties: <nly the consent of the owner of the property or person entitled to possession thereof is re5 ired. S!&$i # A5 N )*. s'*)) 6! 4*2! %!s(!&$i#+ *# !s$*6)is'4!#$ " %!)i+i #8 % (% 'i6i$i#+ $'! "%!! !I!%&is! $'!%! "5 T'! "%!! !I!%&is! *#2 !#0 /4!#$ " %!)i+i 1s (% "!ssi # *#2 . %s'i(8 .i$' 1$ 2is&%i4i#*$i # % (%!"!%!#&!8 s'*)) " %!-!% 6! *)) .!25 N %!)i+i 1s $!s$ s'*)) 6! %!91i%!2 " % $'! !I!%&is! " &i-i) % ( )i$i&*) %i+'$s5 C)*1s!s 1#2!% S!&$i # A 1. )on8establishment cla se 2. (ree e7ercise of 'eligion
1A
Dis$i#&$i # 6!$.!!# $'! &)*1s!s (School District v. Schempp, =C@ US 20=)
1. The # #D!s$*6)is'4!#$ &)*1s! does not depend
pon any showing of direct governmental comp lsion. %t is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non8observing individ als or not. The test of compliance with the non8establishment cla se can be stated as follows: What are the p rposes and primary effect of the enactmentM %f either is the advancement or inhibition of religion1 the law violates the non8 establishment cla se. Th s1 in order for a law to comply with the non8establishment cla se1 two re5 isites m st be met. (irst1 it has a sec lar legislative p rpose. ,econd1 its primary effect neither advances nor inhibits religion. of any restraint on the free e7ercise of religion. %n order to show a violation of this cla se1 the person affected m st show the coercive effect of the legislation as it operates against him in the practice of his religion. While the freedom to believe -non8establishment0 is absol te1 the moment s ch belief flows over into action1 it becomes s bject to government reg lation.
2. The "%!! !I!%&is! " %!)i+i # &)*1s! withdraws from legislative power the e7ertion
R!91isi$!s " % + -!%#4!#$ *i2 $ 6! *)) .*6)!: 1. %t m st have a sec lar legislative p rpose# 2. %t m st have a primary effect that neither advances nor inhibits religion# 3. %t m st not re5 ire e7cessive entanglement with recipient instit tions. S!&$i # B5 T'! )i6!%$/ " *6 2! *#2 " &'*#+i#+ $'! s*4! .i$'i# $'! )i4i$s (%!s&%i6!2 6/ )*. s'*)) # $ 6! i4(*i%!2 !I&!($ 1( # )*."1) %2!% " $'! & 1%$5 N!i$'!% s'*)) $'! %i+'$ $ $%*-!) 6! i4(*i%!2 !I&!($ i# $'! i#$!%!s$ " #*$i #*) s!&1%i$/8 (16)i& s*"!$/ % (16)i& '!*)$'8 *s 4*/ 6! (% -i2!2 6/ )*.5 Ri+'$s +1*%*#$!!2 1#2!% S!&$i # B: 1. (reedom to choose and change oneEs place of abode. 2. (reedom to travel within the co ntry and o tside. C1%$*i)4!#$ " %i+'$s: '%3DT 1. +iberty of abode 2. 'ight to travel ?A))*' <( "C'TA%+?*)T +awf l order of the co rt and within the limits prescribed by law. ?ay be c rtailed even by administrative officers -e7. passport officers0 in the interest of national sec rity1 p blic safety1 or p blic health1 as may be provided by law.
N $!: The right to travel and the liberty of abode are distinct from the right to ret rn to oneEs co ntry1 as shown by the fact that the Beclaration of D man 'ights and the "ovenant on D man 'ights have separate g arantees for these. Dence1 the right to ret rn to oneEs co ntry is not covered by the specific right to travel and liberty of abode. -%arcos v* %anglapus0 S!&$i # C5 T'! %i+'$ s'*)) 6! %!& +#i<!25 " $'! (! ()! $ i#" %4*$i # # 4*$$!%s " (16)i& & #&!%#
Ri+'$s +1*%*#$!!2 1#2!% S!&$i # C 1. 'ight to information on matters of p blic concern 2. 'ight of access to official records and doc ments
1.
P!%s #s !#$i$)!2 $ $'! *6 -! %i+'$s <nly (ilipino citi9ens. Dis&%!$i # " + -!%#4!#$ The government has discretion with respect to the a thority to determine what matters are of p blic concern and the a thority to determine the manner of access to them. R!& +#i<!2 %!s$%i&$i #s # $'! %i+'$ " $'! (! ()! $ i#" %4*$i #: 1. 2. 3. !. $. &. A. .. )ational sec rity matters %ntelligence information Trade secrets 4an@ing transactions Biplomatic correspondence *7ec tive sessions "losed door cabinet meetings , preme "o rt deliberations
S!&$i # E5 T'! %i+'$ " $'! (! ()!8 i#&)12i#+ $' s! !4() /!2 i# $'! (16)i& *#2 (%i-*$! s!&$ %s8 $ " %4 1#i #s8 *ss &i*$i #s8 % s &i!$i!s " % (1%( s!s # $ & #$%*%/ $ )*.8 s'*)) # $ 6! *6%i2+!25 The right to form associations shall not be impaired witho t d e process of law and is th s an aspect of the right of liberty. %t is also an aspect of the freedom of contract. %n addition1 insofar as the associations may have for their object the advancement of beliefs and ideas1 the freedom of association is an aspect of the freedom of speech and e7pression1 s bject to the same limitation. The right also covers the right not to join an association. 3overnment employees have the right to form nions. They also have the right to stri@e1 nless there is a stat tory ban on them. S!&$i # J5 P%i-*$! (% (!%$/ s'*)) # $ 6! $*?!# " % (16)i& 1s! .i$' 1$ 01s$ & 4(!#s*$i #5 W' &*# !I!%&is! $'! ( .!% " !4i#!#$ 2 4*i#: 10 The national government a. "ongress b. *7ec tive1 p rs ant to legislation enacted by "ongress 20 +ocal government nits1 p rs ant to an ordinance enacted by their respective legislative bodies - nder +3"0 30 P blic tilities1 as may be delegated by law. W'!# is $'! !I!%&is! " $'! ( .!% " !4i#!#$ 2 4*i# #!&!ss*%/H %t is only necessary when the owner does not want or opposes the sale of his property. Th s1 if a valid contract e7ists between the government and the owner1 the government cannot e7ercise the power of eminent domain as a s bstit te to the enforcement of the contract. E)!4!#$s " $'! ( .!% " !4i#!#$ 2 4*i# 10 There is a TAN%)3 of private property 20 Ta@ing is for PC4+%" C,* 30 Payment of HC,T "<?P*),AT%<)
1/
"TAKING" A5 E)!4!#$s: CODE: E P A P O
1. 2. 3. !. $.
The !7propriator enters the property The entrance m st not be for a momentary period1 i.e.1 it m st be (ermanent *ntry is made nder warrant or color of legal * thority Property is devoted to p blic se Ctili9ation of the property m st be in s ch a way as to st the owner and deprive him of the beneficial enjoyment of his property.
4. "ompensable ta@ing does not need to involve all the property interests which form part of the right of ownership. When one or more of the property rights are appropriated and applied to a p blic p rpose1 there is already a compensable ta@ing1 even if bare title still remains with the owner. "PUBLI US!"
1. P blic se1 for p rposes of e7propriation1 is synonymo s with p blic welfare as the latter term is sed in the concept of police power. 2. *7amples of p blic se incl de land reform and sociali9ed ho sing. ""UST #$P!NSATI#N"
1. "ompensation is j st if the owner receives a s m e5 ivalent to the mar@et val e of his property. ?ar@et val e is generally defined as the fair val e of the property as between one who desires to p rchase and one who desires to sell. 2. The point of reference se in determining fair val e is the val e at the time the property was ta@en. Th s1 f t re potential se of the land is not considered in comp ting j st compensation. G12i&i*) %!-i!. " $'! !I!%&is! " $'! ( .!% " !4i#!#$ 2 4*i# 1. To determine the ade5 acy of the compensation 2. To determine the necessity of the ta@ing 3. To determine the Op blic seO character of the ta@ing. Dowever1 if the e7propriation is p rs ant to a specific law passed by "ongress1 the co rts cannot 5 estion the p blic se character of the ta@ing. W'!# 41#i&i(*) (% (!%$/ is $*?!# 6/ $'! S$*$!: "ompensation is re5 ired if the property is a patrimonial property1 that is1 property ac5 ired by the m nicipality with its private f nds in its corporate or private capacity. Dowever1 if it is any other property s ch a p blic b ildings or leg a com nal held by the m nicipality for the ,tate in tr st for the inhabitants1 the ,tate is free to dispose of it at will. P i#$ " %!"!%!#&! " % -*)1*$i#+ * (i!&! " (% (!%$/: 3eneral r le: The val e m st be that as of the time of the filing of the complaint for e7propriation. *7ception: When the filing of the case comes later than the time of ta@ing and meanwhile the val e of the property has increased beca se of the se to which the e7propriator has p t it1 the val e is that of the time of the earlier ta@ing. 4CT if the val e increased independently of what the e7propriator did1 then the val e is that of the latter filing of the case.
22
S!&$i # 105 N )*. i4(*i%i#+ $'! 6)i+*$i # " & #$%*&$s s'*)) 6! (*ss!25 W'!# 2 !s * )*. i4(*i% $'! 6)i+*$i # " & #$%*&$s: 10 %f it changes the terms and conditions of a legal contract either as to the time or mode of performance 20 %f it imposes new conditions or dispenses with those e7pressed 30 %f it a thori9es for its satisfaction something different from that provided in its terms. A mere change in P'<"*BC'A+ '*?*B%*, which does not change the s bstance of the contract1 and which still leaves an efficacio s remedy for enforcement does )<T impair the obligation of contracts. A valid e7ercise of police power is s perior to obligation of contracts. S!&$i # 125 ""!#s!5 Ri+'$s SCISI Ri+'$s " (!%s # 1#2!% i#-!s$i+*$i # " % $'! & 44issi # " *# " *#
" (!%s # 1#2!% i#-!s$i+*$i # " % $'! C 44issi #
""!#s! CODE:
10 20 30 !0
'ight to remain silent 'ight to have &ompetent and independent co nsel1 preferably of his own choice 'ight to provided with the services of co nsel if he cannot afford the services of one. 'ight to be informed of these rights.
W'!# %i+'$s *%! *-*i)*6)!: 10 A(T*' a person has been ta@en into c stody or 20 When a person is otherwise deprived of his freedom of action in any significant way. 30 When the investigation is being cond cted by the government -police1 B<H1 )4%0 with respect to a criminal offense. !0 ,igning of arrest reports and boo@ing sheets. W'!# %i+'$s *%! # $ *-*i)*6)!: 10 B ring a police line8 p. *7ception: <nce there is a move among the investigators to elicit admissions or confessions from the s spect. 20 B ring administrative investigations. 30 "onfessions made by an acc sed at the time he vol ntarily s rrendered to the police or o tside the conte7t of a formal investigation. !0 ,tatements made to a private person. EI&)1si #*%/ %1)! 10 Any confession or admission obtained in violation of this section shall be inadmissible in evidence against him -the acc sed0. 20 Therefore1 any evidence obtained by virt e of an illegally obtained confession is also inadmissible1 being the fr it of a poisoned tree. R!91isi$!s " -*)i2 .*i-!%: 10 Waiver sho ld be made in W'%T%)3 20 Waiver sho ld be made in the P'*,*)"* <( "<C),*+. S!&$i # 1=5 Ri+'$ $ 6*i) W' *%! !#$i$)!2 $ 6*i): 10 All persons A"TCA++= B*TA%)*B 20 shall1 4*(<'* "<)>%"T%<) 30 4e entitled to bail.
21
W' *%! # $ !#$i$)!2 $ 6*i): 10 20 30 Persons charged with offenses PC)%,DA4+* by '*"+C,%<) P*'P*TCA or B*ATD1 when evidence of g ilt is strong Persons "<)>%"T*B by the trial co rt. 4ail is only discretionary pending appeal. Persons who are members of the A(P facing a co rt martial.
O$'!% %i+'$s i# %!)*$i # $ 6*i)5 10 The right to bail shall )<T be impaired even when the privilege of the writ of habeas corp s is s spended. 20 *7cessive bail shall not be re5 ired. F*&$ %s & #si2!%!2 i# s!$$i#+ $'! *4 1#$ " 6*i): 10 Ability to post bail 20 )at re of the offense 30 Penalty imposed by law !0 "haracter and rep tation of the acc sed $0 Dealth of the acc sed &0 ,trength of the evidence A0 Probability of appearing at the trial .0 (orfeit re of previo s bail bonds /0 Whether acc sed was a f gitive from j stice when arrested 120 %f acc sed is nder bond in other cases I4()i&i$ )i4i$*$i #s # $'! %i+'$ $ 6*i): 1. The person claiming the right m st be in act al detention or c stody of the law. 2. The constit tional right is available only in criminal cases1 not1 e.g. in deportation proceedings. N $!: 1. 'ight to bail is not available in the military. 2. Apart from bail1 a person may attain provisional liberty thro gh recogni9ance. S!&$i # 1@5 Ri+'$s " *# *&&1s!2 Ri+'$s " * (!%s # &'*%+!2 .i$' * &%i4i#*) ""!#s! 1. 2. 3. !. $. &. A. 'ight to d e process of law 'ight to be pres med innocent 'ight to be heard by himself and co nsel 'ight to be informed of the nat re and ca se of the acc sation against him 'ight to have a speedy1 impartial and p blic trial 'ight to meet the witnesses face to face 'ight to have comp lsory process to sec re the attendance of witnesses and the prod ction of evidence in his behalf
%DU! P&# !SS' This means that the acc sed can only be convicted by a trib nal which is re5 ired to comply with the stringent re5 irements of the r les of criminal proced re. %P&!SU$PTI#N #( INN# !N !' The "onstit tion does not prohibit the legislat re from providing that proof of certain facts leads to a prima facie pres mption of g ilt1 provided that the facts proved have a reasonable connection to the ltimate fact pres med. Pres mption of g ilt sho ld not be concl sive.
22
%&IG)T T# B! )!A& B* )I$S!L( AND #UNS!L'
T'! %i+'$ $ 6! '!*%2 i#&)12!s $'! " )) .i#+ %i+'$s: 1. 'ight to be present at the trial A. The right to be present covers the period from A''A%3)?*)T to P'<?C+3AT%<) of sentence. 4. After arraignment1 trial may proceed notwithstanding absence of acc sed1 provided 2 re5 isites are met. )ote1 that trial in absentia is allowed only if the acc sed has been validly arraigned. -i0 -ii0 Acc sed has been d ly notified# and Dis fail re to appear is nj stifiable.
". The acc sed may waive the right to be present at the trial by not showing
p. Dowever1 the co rt can still compel the attendance of the acc sed if necessary for identification p rposes. *I"*PT%<): %f the acc sed1 after arraignment1 has stip lated that he is indeed the person charged with the offense and named in the information1 and that any time a witness refers to a name by which he is @nown1 the witness is to be nderstood as referring to him. B. While the acc sed is entitled to be present d ring prom lgation of j dgement1 the absence of his co nsel d ring s ch prom lgation does not affect its validity. 2. 'ight to co nsel -a0 'ight to co nsel means the right to *((*"T%>* '*P'*,*)TAT%<). -b0 %f the acc sed appears at arraignment witho t co nsel1 the j dge m st: -i0 %nform the acc sed that he has a right to a co nsel before arraignment -ii0 As@ the acc sed if he desires the aid of co nsel -iii0 %f the acc sed desires co nsel1 b t cannot afford one1 a co nsel de oficio m st be appointed -iv0 %f the acc sed desires to obtain his own co nsel1 the co rt m st give him a reasonable time to get one. 3. 'ight to an impartial j dge !. 'ight of confrontation and cross8e7amination $. 'ight to comp lsory process to sec re the attendance of witnesses %&IG)T T# B! IN(#&$!D #( T)! NATU&! AND AGAINST )I$' P1%( s!s " $'! %i+'$: 10 To f rnish the acc sed with a description of the charge against him as will enable him to ma@e his defenses 20 To avail himself of his conviction or ac5 ittal against a f rther prosec tion for the same ca se 30 To inform the co rt of the facts alleged. %f the information fails to allege the material elements of the offense1 the acc sed cannot be convicted thereof even if the prosec tion is able to present evidence d ring the trial with respect to s ch elements. The real nat re of the crime charged is determined from the recital of facts in the information. %t is not determined based on the caption or preamble thereof nor from the specification of the provision of law allegedly violated. AUS! #( A USATI#N
23
%&IG)T T# SP!!D*, I$PA&TIAL AND PUBLI T&IAL'
F*&$ %s 1s!2 i# 2!$!%4i#i#+ .'!$'!% $'! %i+'$ $ * s(!!2/ $%i*) '*s 6!!# -i )*$!2 10 20 30 !0 $0 Time e7pired from the filing of the information +ength of delay involved 'easons for the delay Assertion or non8assertion of the right by the acc sed Prej dice ca sed to the defendant. # $'! +% 1#2 " -i )*$i # " $'! *&&1s!2Ks %i+'$ $
E""!&$ " 2is4iss*) 6*s!2 s(!!2/ $%i*)
%f the dismissal is valid1 it amo nts to an ac5 ittal and can be sed as basis to claim do ble jeopardy. This wo ld be the effect even if the dismissal was made with the consent of the acc sed R!4!2/ " $'! *&&1s!2 i" 'is %i+'$ $ s(!!2/ $%i*) '*s 6!!# -i )*$!2 De can move for the dismissal of the case. %f he is detained1 he can file a petition for the iss ance of writ of habeas corp s. D!"i#i$i # " i4(*%$i*) $%i*) The acc sed is entitled to the Fcold ne trality of an impartial j dgeG. %t is an element of d e process. D!"i#i$i # " (16)i& $%i*) The attendance at the trial is open to all irrespective of their relationship to the acc sed. Dowever1 if the evidence to be add ced is Foffensive to decency or p blic moralsG1 the p blic may be e7cl ded. The right of the acc sed to a p blic trial is not violated if the hearings are cond cted on ,at rdays1 either with the consent of the acc sed or if failed to object thereto. %&IG)T T# $!!T +ITN!SS (A ! T# (A !' P1%( s!s " $'! %i+'$: 1. To afford the acc sed an opport nity to cross8e7amine the witness 2. To allow the j dge the opport nity to observe the deportment of the witness F*i)1%! " $'! *&&1s!2 $ &% ssD!I*4i#! * .i$#!ss %f the fail re of the acc sed to cross8e7amine a witness is d e to his own fa lt or was not d e to the fa lt of the prosec tion1 the testimony of the witness sho ld be e7cl ded. W'!# $'! %i+'$ $ &% ssD!I*4i#! is 2!4*#2*6)! %t is demandable only d ring trials. Th s1 it cannot be availed of d ring preliminary investigations. P%i#&i(*) !I&!($i #s $ $'! %i+'$ " & #"% #$*$i # 1. The admissibility of Fdying declarationsG 2. Trial in absentia nder ,ection 1!-20 3. With respect to child testimony
2!
S!&$i # 1B5 A)) (!%s #s s'*)) '*-! $'! %i+'$ $ * s(!!2/ 2is( si$i # " $'!i% &*s!s 6!" %! *)) 012i&i*)8 91*siD012i&i*)8 % *24i#is$%*$i-! 6 2i!s5 Dis$i#&$i # 6!$.!!# S!&$i # 1@ *#2 S!&$i # 1B While the rights of an acc sed only apply to the trial phase of criminal cases1 the right to a speedy disposition of cases covers A++ phases of HCB%"%A+1 JCA,%8HCB%"%A+ or AB?%)%,T'AT%>* proceedings. S!&$i # 1C5 N (!%s # s'*)) 6! & 4(!))!2 $ 6! * .i$#!ss *+*i#s$ 'i4s!)"5 W'!# is * 91!s$i # i#&%i4i#*$i#+: A 5 estion tends to incriminate when the answer of the acc sed or the witness wo ld establish a fact which wo ld be a necessary lin@ in a chain of evidence to prove the commission of a crime by the acc sed or the witness. Dis$i#&$i # 6!$.!!# *# *&&1s!2 *#2 *# %2i#*%/ .i$#!ss 1. An acc sed can ref se to ta@e the witness stand by invo@ing the right against self8 incrimination. 2. An ordinary witness cannot ref se to ta@e the stand. De can only ref se to answer specific 5 estions which wo ld incriminate him in the commission of an offense. S& (! " %i+'$ 1. 2. What is P'<D%4%T*B is the se of physical or moral comp lsion to e7tort comm nication from the witness or to otherwise elicit evidence which wo ld not e7ist were it not for the actions compelled from the witness. The right does )<T P'<D%4%T the e7amination of the body of the acc sed or the se of findings with respect to his body as physical evidence. Dence1 the fingerprinting of an acc sed wo ld not violate the right against self8incrimination. Dowever1 obtaining a sample of the handwriting of the acc sed wo ld violate this right if he is charged for falsification. The acc sed cannot be compelled to prod ce a private doc ment in his possession which might tend to incriminate him. Dowever1 a third person in c stody of the doc ment may be compelled to prod ce it.
3.
W'!# $'! %i+'$ &*# 6! i#- ?!2: 1. %n criminal cases 2. %n administrative proceedings if the acc sed is liable to a penalty -*7. (orfeit re of property0 W' &*# i#- ?! $'! %i+'$: <nly nat ral persons. H dicial persons are s bject to the visitorial powers of the state in order to determine compliance with the conditions of the charter granted to them. S!&$i # 1E5 Ri+'$ *+*i#s$ i#- )1#$*%/ s!%-i$12! D!"i#i$i # " i#- )1#$*%/ s!%-i$12! %t is every condition of enforced or comp lsory service of one to another no matter nder what form s ch servit de may be disg ised. EI&!($i #s: 1. P nishment for a crime for which the party has been d ly convicted 2. Personal military or civil service in the interest of national defense 3. 'et rn to wor@ order iss ed by the B<+* ,ecretary or the President
2$
S!&$i # 1J5 P% 'i6i$i # *+*i#s$ &%1!)8 2!+%*2i#+ *#2 i#'14*# (1#is'4!#$ W'!# is * (!#*)$/ ,&%1!)8 2!+%*2i#+ *#2 i#'14*#3H 1. A penalty is cr el and inh man if it involves tort re or lingering s ffering. *7. 4eing drawn and 5 artered. 2. A penalty is degrading if it e7poses a person to p blic h miliation. *7. 4eing tarred and feathered1 then paraded thro gho t town. S$*#2*%2s 1s!2: 1. The p nishment m st not be so severe as to be degrading to the dignity of h man beings. 2. %t m st not be applied arbitrarily. 3. %t m st not be nacceptable to contemporary society !. %t m st not be e7cessive1 i.e. it m st serve a penal p rpose more effectively than a less severe p nishment wo ld. EI&!ssi-! "i#! A fine is e7cessive1 when nder any circ mstance1 it is disproportionate to the offense. )ote: (r. 4ernas says that the acc sed cannot be convicted of the crime to which the p nishment is attached if the co rt finds that the p nishment is cr el1 degrading or inh man. 'eason: Witho t a valid penalty1 the law is not a penal law. S!&$i # 205 N (!%s # s'*)) 6! i4(%is #!2 " % 2!6$ % # #D(*/4!#$ " * ( )) $*I5 D!"i#i$i # " 2!6$ 1#2!% S!&$i # 20 10 Bebt refers to a "<)T'A"TCA+ obligation1 whether e7press or implied1 res lting in any liability to pay money. Th s1 all other types of obligations are not within the scope of this prohibition. 20 Th s1 if an acc sed fails to pay the fine imposed pon him1 this may res lt in his s bsidiary imprisonment beca se his liability is e7 delicto and not e7 contract . 30 A ('ACBC+*)T debt may res lt in the imprisonment of the debtor if: A. The fra d lent debt constit tes a crime s ch as estafa and 4. The acc sed has been d ly convicted. S!&$i # 215 N (!%s # s'*)) 6! $.i&! (1$ i# 0! (*%2/ " (1#is'4!#$ " % $'! s*4! ""!#s!5 I" *# *&$ (1#is'!2 6/ * )*. *#2 *# %2i#*#&!8 & #-i&$i # % *&91i$$*) 1#2!% !i$'!% s'*)) & #s$i$1$! * 6*% $ *# $'!% (% s!&1$i # " % $'! s*4! *&$5 R!91isi$!s " % * -*)i2 2!"!#s! " 2 16)! 0! (*%2/: CODE: ATS
10 (irst jeopardy m st have attached prior to the second. 20 The first jeopardy m st have terminated* 30 The second jeopardy m st be for the same offense as that in the first.
W'!# 2 !s 0! (*%2/ ATTACH: (1s$ %!91isi$!) CODE: CICAV 10 A person is charged 20 Cnder a complaint or information s fficient in form and s bstance to s stain a conviction 30 4efore a co rt of competent j risdiction !0 After the person is arraigned $0 , ch person enters a valid plea.
2&
W'!# 2 !s 0! (*%2/ NOT *$$*&': 10 %f information does not charge any offense 20 %f1 pon pleading g ilty1 the acc sed presents evidence of complete self8defense1 and the co rt thereafter ac5 its him witho t entering a new plea of not g ilty for acc sed. 30 %f the information for an offense cogni9able by the 'T" is filed with the ?T". !0 %f a complaint filed for preliminary investigation is dismissed. W'!# 2 !s "i%s$ 0! (*%2/ TERMINATE: (2ND RELUISITE) 10 20 30 !0 Ac5 ittal "onviction Bismissal WK< the *IP'*,, consent of the acc sed Bismissal on the merits.
EI*4()!s " $!%4i#*$i # " 0! (*%2/: 10 Bismissal based on violation of the right to a speedy trial. This amo nts to an ac5 ittal. 20 Bismissal based on a dem rrer to evidence. This is a dismissal on the merits. 30 Bismissal on motion of the prosec tion1 s bse5 ent to a motion for reinvestigation filed by the acc sed. !0 Bischarge of an acc sed to be a state witness. This amo nts to an ac5 ittal. W'!# &*# $'! PROSECUTION *((!*) "% 4 *# %2!% " 2is4iss*): 10 %f dismissal is on motion of the acc sed. *7ception: %f motion is based on violation of the right to a speedy trial or on a dem rrer to evidence. 20 %f dismissal does )<T amo nt to an ac5 ittal or dismissal on the merits 30 %f the 5 estion to be passed pon is p rely legal. !0 %f the dismissal violates the right of d e process of the prosec tion. $0 %f the dismissal was made with grave ab se of discretion. W'*$ *%! & #si2!%!2 $ S!&$i # 21) 6! $'! ,SAME OFFENSE3: (1#2!% $'! 1s$ s!#$!#&! "
10 *7act identity between the offenses charged in the first and second cases. 20 <ne offense is an attempt to commit or a fr stration of the other offense. 30 <ne offense is necessarily incl ded or necessary incl des the other. &ote. where a single act res lts in the violation of different laws or different provisions of the same law1 the prosec tion for one will not bar the other so long as none of the e7ceptions apply. D!"i#i$i # " 2 16)! 0! (*%2/ (2#2 s!#$!#&! " S!&5 21) Bo ble jeopardy will res lt if the act p nishable nder the law and the ordinance are the same. (or there to be do ble jeopardy1 it is not necessary that the offense be the same. SUPERVENIN7 FACTS 10 Cnder the ' les of "o rt1 a conviction for an offense will not bar a prosec tion for an offense which necessarily incl des the offense charged in the former information where: A. The graver offense developed d e to a s pervening fact arising from the same act or omission constit ting the former charge. 4. The facts constit ting the graver offense became @nown or were discovered only after the filing of the former information. ". The plea of g ilty to the lesser offense was made witho t the consent of the fiscal and the offended party.
2A
20 Cnder -10-b01 if the facts co ld have been discovered by the prosec tion b t were not discovered beca se of the prosec tionEs incompetence1 it wo ld not be considered a s pervening event. E""!&$ " *((!*) 6/ $'! *&&1s!2: %f the acc sed appeals his conviction1 he WA%>*, his right to plead do ble jeopardy. The whole case will be open to review by the appellate co rt. , ch co rt may even increase the penalties imposed on the acc sed by the trial co rt. S!&$i # 225 N !I ( s$ "*&$ )*. % 6i)) " *$$*i#2!% s'*)) 6! !#*&$!25 D!"i#i$i # " !ID( s$ "*&$ )*.5 10 <ne which ma@es an action done before the passing of the law1 and which was innocent when done1 criminal1 and p nishes s ch action. 20 <ne which aggravates the crime or ma@es it greater than when it was committed. 30 <ne which changes the p nishment and inflicts a greater p nishment than that which the law anne7ed to the crime when it was committed. !0 <ne which alters the legal r les of evidence and receives less testimony than the law re5 ired at the time of the commission of the offense in order to convict the acc sed. $0 <ne which ass mes to reg late civil rights and remedies only 4CT1 in effect1 imposes a penalty or deprivation of a right1 which1 when done1 was lawf l. &0 <ne which deprives a person acc sed of a crime of some lawf l protection to which he has become entitled s ch as the protection of a former conviction or ac5 ittal1 or a proclamation of amnesty. &ote. The prohibition on e7 post facto laws only applies to retrospective P*)A+ laws. D!"i#i$i # " BILL OF ATTAINDER 10 A bill of attainder is a +*3%,+AT%>* act which inflicts p nishment WK< HCB%"%A+ trial. 20 The bill of attainder does not need to be directed at a specifically named person. %t may also refer to easily ascertainable members of a gro p in s ch a way as to inflict p nishment on them witho t j dicial trial. 30 *lements of the bill of attainder A. There m st be a +AW. 4. The law imposes a P*)A+ b rden on a )A?*B %)>%B%BCA+K*A,%+= A,"*'TA%)A4+* ?*?4*', of a 3'<CP. ". The penal b rden is imposed B%'*"T+= by the +AW WK< HCB%"%A+ trial. ARTICLE IV CITIMENSHIP W' *%! &i$i<!#s " $'! P'i)i((i#!sH 10 Those who are citi9ens of the Philippines at the time of the adoption of the 1/.A "onstit tion 20 Those whose fathers or mothers are citi9ens of the Philippines. 30 Those born before Han ary 1A1 1/A3 of (ilipino mothers1 who elect Philippine citi9enship pon reaching the age of majority. !0 Those who are nat rali9ed in accordance with law. M 2!s " *&91i%i#+ &i$i<!#s'i(: 10 H s ,oli 6 ac5 isition of citi9enship on the basis of place of birth 20 H s ,ang inis 6 ac5 isition of citi9enship on the basis of blood relationship 30 )at rali9ation 6 the legal act of adopting an alien and clothing him with the privilege of a native8born citi9en.
2.
&ote. The Philippines follows -20 and -30 E)!&$i # " &i$i<!#s'i( 1#2!% $'! 1JEC C #s$i$1$i #: Prior to the 1/A3 "onstit tion1 if a (ilipina married an alien1 she lost her (ilipino citi9enship. Dence1 her child wo ld have to elect (ilipino citi9enship pon reaching the age of majority. Cnder the 1/A3 "onstit tion1 however1 children born of (ilipino mothers were already considered (ilipinos. Therefore1 the provision on election of citi9enship nder the 1/.A "onstit tion only applies to those persons who were born nder the 1/3$ "onstit tion. %n order for the children to elect (ilipino citi9enship1 the mothers m st have been (ilipinos at the time of their marriage. ,o1 if yo r mother was a (ilipina who married an alien nder the 1/3$ constit tion and yo were born before Han ary 1A1 1/A31 yo can elect (ilipino citi9enship pon reaching the age of majority. W'!# 41s$ $'! !)!&$i # 6! 4*2!: The election m st be made within a reasonable period after reaching the age of majority. E""!&$s " #*$1%*)i<*$i #: 10 The legitimate minor children of the nat rali9ed father become (ilipinos as well. 20 The wife also becomes a (ilipino citi9en1 provided that she does not have any dis5 alification which wo ld bar her from being nat rali9ed. N*$1%*)D6 %# &i$i<!#s: 10 "iti9ens of the Philippines from birth who do not need to perform any act to ac5 ire or perfect their Philippine citi9enship. 20 Those who elect Philippine citi9enship nder Art. %>1 ,ec. 1-30 of 1/.A "onstit tion. M*%%i*+! " Fi)i(i# .i$' *# *)i!#:
10 General Rule. The (ilipino '*TA%), Philippine citi9enship 20 E-ception. %f1 by their act or omission they are deemed1 nder the law1 to have
reno nced it. EI*4()!s " %!#1#&i*$i # " P'i)i((i#! &i$i<!#s'i(: 10 >ol ntarily obtaining foreign passport 20 Pledging allegiance to another co ntry -e7. by becoming a nat rali9ed citi9en of another co ntry0 R!D*&91isi$i # " &i$i<!#s'i( )at ral8born (ilipinos who are deemed to have lost their citi9enship may re8ac5 ire the same via repatriation proceedings. This involves ta@ing an oath of allegiance and filing the same with the civil registry. H . 4*/ #! ) s! &i$i<!#s'i(: 1. 2. 3. !. $. 4y nat rali9ation in a foreign co ntry 4y e7press ren nciation of citi9enship 4y s bscribing oath or allegiance to a foreign "onstit tion 4y serving in the armed forces of an enemy co ntry 4y being a deserter of the armed forces of oneEs co ntry
H . 4*/ #! %!*&91i%! &i$i<!#s'i(: 1. 4y direct act of "ongress 2. 4y nat rali9ation 3. 4y repatriation
2/
ARTICLE V SUFFRA7E L1*)i"i&*$i #s: CODE: CD1ERR
10 20 30 !0 $0
Citi9en of the Philippines )ot Dis5 alified by law At least 1E years old Resident of the Philippines for at least 1 year Resident of the place wherein heKshe proposes to vote for at least & months immediately preceding the election.
&ote. )< literacy1 property or other s bstantive re5 irement can be imposed on the e7ercise of s ffrage. R!si2!#&/ %!91i%!4!#$ Residency, under rticle ) has : senses. 1. '"%$C$LE 6 This is in reference to the 1 year residency re5 irement in the Philippines. 2. T*?P<'A'= '*,%B*)"* 6 This is in reference to the & month residency re5 irement in the place where one wants to vote. %n this case1 residence can either mean domicile or temporary residence. Dis91*)i"i&*$i #s: 10 Any person sentenced by final j dgment to imprisonment of not less than 1 year1 which disability has not been removed by plenary pardon. 20 Any person adj dged by final j dgment of having violated his allegiance to the 'ep blic of the Philippines. 30 %nsane or feeble8minded persons. &ote Cnder the 2nd dis5 alification1 the right to vote is a tomatically re8ac5 ired pon the e7piration of $ years after the service of sentence. ARTICLE VI THE LE7ISLATIVE DEPARTMENT SEC5 15 T'! )!+is)*$i-! ( .!% s'*)) 6! -!s$!2 i# $'! C #+%!ss " $'! P'i)i((i#!s8 .'i&' s'*)) & #sis$ " * S!#*$! *#2 * H 1s! " R!(%!s!#$*$i-!s8 !I&!($ $ $'! !I$!#$ %!s!%-!2 $ $'! (! ()! 6/ $'! (% -isi # # i#i$i*$i-! *#2 %!"!%!#2145 D!"i#i$i # " L!+is)*$i-! P .!%: The a thority to ma@e laws and to alter or repeal them. C)*ssi"i&*$i # " )!+is)*$i-! ( .!%: (O D! CO)
1. Original 6 Possessed by the people in their sovereign capacity 2. D!legated 6 Possessed by "ongress and other legislative bodies by virt e of the
"onstit tion
3. Constit ent 6 The power to amend or revise the "onstit tion !. Ordinary 6 The power to pass ordinary laws
N $!: The original legislative power of the people is e7ercised via initiative and referend m. %n this manner1 people can directly propose and enact laws1 or approve or reject any act or law passed by "ongress or a local government nit. Li4i$s # $'! )!+is)*$i-! ( .!% " C #+%!ss:
32
1. , bstantive 6 limitations on the content of laws. *.g. no law shall be passed establishing a state religion. 2. Proced ral 6 limitations on the manner of passing laws. *.g. generally a bill m st go thro gh three readings on three separate days. N $!: Provided that these two limitations are not e7ceeded1 "ongressE legislative power is plenary. C % ))*%i!s " )!+is)*$i-! ( .!%: 1. "ongress cannot pass irrepealable laws. ,ince "ongressE powers are plenary1 and limited only by the "onstit tion1 any attempt to limit the powers of f t re "ongresses via an irrepealable law is not allowed. 2. "ongress1 as a general r le1 cannot delegate its legislative power. ,ince the people have already delegated legislative power to "ongress1 the latter cannot delegate it any f rther. EFCEPTIONS: 1. Belegation of legislative power to local government nits# 2. %nstances when the "onstit tion itself allows for s ch delegation :see Art. >% ,ec. 23-20; W'*$ 4*/ C #+%!ss 2!)!+*$!: "ongress can only delegate1 s ally to administrative agencies1 'C+*8?AN%)3 P<W*' or +AW *I*"CT%<). This involves either of two tas@s for the administrative agencies: 1. F(illing p the detailsG on an otherwise complete stat te# or 2. Ascertaining the facts necessary to bring a FcontingentG law or provision into act al operation. S!&$i #s 2D@5 SENATE C 4( si$i # 2! senators who shall be elected at large by the 5 alified voters of the Philippines1 as may be provided by law. L1*)i"i&*$i #s 1. 2. 3. !. $. )at ral8born citi9en# At least 3$ years old on the day of election# Able to read and write# A registered voter# and Philippine resident for at least 2 years immediately preceding the day of the election.
N $!: The 5 alifications of both ,enators and ?embers of the Do se are limited to those provided by the "onstit tion. "ongress cannot1 by law1 add or s btract from these 5 alifications. T!%4 " O""i&!: & years1 commencing - nless otherwise provided by law0 at noon1 32 H ne ne7t following their election. T!%4 Li4i$*$i #s: 1. )o ,enator shall serve for more than 2 consec tive terms.
31
2. >ol ntary ren nciation of office for any length of time shall not be considered as an interr ption in the contin ity of his service for the f ll term for which he was elected.
32
S!&$i #s ADC5 HOUSE OF REPRESENTATIVES C 4( si$i #: 1. )ot more than 2$ members1 nless otherwise fi7ed by law# and 2. Party8list 'epresentatives E)!&$i # " 2A0 4!46!%s 1. They shall be elected from legislative districts apportioned among the provinces1 cities and the ?etropolitan ?anila area. 2. +egislative districts are apportioned in accordance with the n mber of inhabitants of each area and on the basis of a niform and progressive ratio. a. *ach district shall comprise1 as far as practicable1 contig o s1 compact and adjacent territory# b. *ach city with at least 2$21222 inhabitants will be entitled to at least one representative. c. *ach province will have at least one representative. d. +egislative districts shall be re8apportioned by "ongress within 3 years after the ret rn of each cens s. According to Hac@1 however1 while the apportionment of districts is )<T a political 5 estion1 the j diciary "A))<T compel "ongress to do this. e. The standards sed to determine the apportionment of legislative districts is meant to prevent PgerrymanderingE1 which is the formation of a legislative district o t of separate territories so as to favor a partic lar candidate or party. L1*)i"i&*$i #s 1. 2. 3. !. $. )at ral born citi9en of the Philippines# At least 2$ years old on the day of the election# Able to read and write# 'egistered voter in the district he see@s to represent# and A resident of s ch district for at least one year immediately preceding the day of the election.
T!%4 " O""i&! 1. *ach member of the Do se shall be elected for a term of three -30 years which shall commence - nless otherwise provided for by law0 at noon on 32 H ne ne7t following their election. 2. >ol ntary ren nciation of office for any length of time shall not be considered as an interr ption in the contin ity of his service for the f ll term for which he was elected. T!%4 Li4i$*$i #s )o member of the Do se of 'epresentatives shall serve for more than three -30 consec tive terms. Dis$i#&$i #s 6!$.!!# T!%4 *#2 T!#1%! 1. Befinition a. Terms means the period d ring which the elected officer is legally a thori9ed to ass me his office and e7ercise the powers thereof. b. Ten re is the act al period d ring which s ch officer act ally holds his position. 2. +imitationKPossible 'ed ction a. Term "A))<T be red ced. b. Ten re ?A=1 by law1 be limited. Th s1 a provision which considers an elective office a tomatically vacated when the holder thereof files a certificate of candidacy for another elective office -e7cept President and >ice8President0 is valid1 as it only affects the officers ten re and )<T his constit tional term.
33
P*%$/DLis$ R!(%!s!#$*$i-!s 1. "onstit te 22Q of the total n mber of representatives1 incl ding those party8list system -th s a ma7im m of $2 party8list members of the Do se0 nder the
2. Dowever1 for 3 consec tive terms from 2 (ebr ary 1/.A -i.e.1 the 1/.A8/21 /28/$ and /$8/. terms01 2$ seats shall be allotted to sectoral representatives. Cnder Art. I>%%%1 ,ec. A1 the sectoral representatives are to be appointed by the President ntil legislation otherwise provides. 3. ?echanics of the party8list system: a. 'egistered organi9ations s bmit a list of candidates in order of priority. b. B ring the elections1 these organi9ations are voted for at large. c. The n mber of seats that each organi9ation gets o t of the 22Q allotted to the system depends on the n mber of votes they get. !. J alifications a. )at ral born citi9en of the Philippines b. At least 2$ years of age on the day of the election c. Able to read and write SEC5 J5 I# &*s! " -*&*#&/ i# $'! S!#*$! % i# $'! H 1s! " R!(%!s!#$*$i-!s8 * SPECIAL ELECTION 4*/ 6! &*))!2 $ "i)) s1&' -*&*#&/ i# $'! 4*##!% (%!s&%i6!2 6/ )*.8 61$ $'! S!#*$ % % M!46!% " $'! H 1s! " R!(%!s!#$*$i-!s $'1s !)!&$!2 s'*)) s!%-! #)/ " % $'! 1#!I(i%!2 $!%45 SEC5 105 S*)*%i!s " S!#*$ %s *#2 M!46!%s " $'! H 1s! D!$!%4i#*$i # " S*)*%i!s: ,alaries of ,enators and ?embers of the Do se of 'epresentatives shall be determined by law. R1)! # i#&%!*s! i# s*)*%i!s: )o increase in their salaries shall ta@e effect ntil after the *IP%'AT%<) <( TD* (C++ T*'? -)<T T*)C'*0 <( A++ TD* ?*?4*', <( TD* ,*)AT* A)B TD* D<C,* <( '*P'*,*)TAT%>*, APP'<>%)3 ,C"D %)"'*A,*. )ote: ,ince the "onstit tion Pprovides for r les on FsalariesG and not on Pemol ments1E o r disting ished legislators can appropriate for themselves other s ms of money s ch as travel allowances1 as well as other side Pbenefits.E SEC5 11: CON7RESSIONAL IMMUNITIES 1.0 %mm nity from arrest: a. +egislators are privileged from arrest while "ongress is Fin sessionG with respect to offenses p nishable by p to & years of imprisonment. Th s1 whether "ongress is in reg lar or special session1 the imm nity from arrest applies. b. %f "ongress is in recess1 members thereof may be arrested. c. The imm nity is only with respect to arrests and )<T to prosec tion for criminal offenses. 2.0 +egislative privilege: a. )o member shall be 5 estioned or held liable in any for m other than hisKher respective "ongressional body for any debate or speech in the "ongress or in any "ommittee thereof.
3!
b. +imitation on the privilege: -i0 -ii0 Protection is only against for m other than "ongress itself. Th s for inflammatory remar@s which are otherwise privileged1 a member may be sanctioned by either the ,enate or the Do se as the case may be. The Pspeech or debateE m st be made in performance of their d ties as members of "ongress. This incl des speeches delivered1 statements made1 votes cast1 as well as bills introd ced1 and other activities done in performance of their official d ties. "ongress need )<T be in session when the tterance is made1 as long as it forms part of Plegislative action1E i.e. part of the deliberative and comm nicative process sed to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with "ongressE j risdiction.
-iii0
SEC5 125 A)) M!46!%s " $'! S!#*$! *#2 $'! H 1s! " R!(%!s!#$*$i-!s s'*))8 1( # *ss14($i # " ""i&!8 4*?! * "1)) 2is&) s1%! " $'!i% "i#*#&i*) *#2 61si#!ss i#$!%!s$s5 T'!/ s'*)) # $i"/ $'! H 1s! & #&!%#!2 " * ( $!#$i*) & #")i&$ " i#$!%!s$ $'*$ 4*/ *%is! "% 4 $'! "i)i#+ " * (% ( s!2 )!+is)*$i # " .'i&' $'!/ *%! *1$' %s5 SEC5 1=D1@: CON7RESSIONAL DISLUALIFICATIONS: Dis91*)i"i&*$i #s: DISLUALIFICATION WHEN APPLICABLE 1. ,enatorK?ember of the Do se cannot B ring his term. %f he does so1 he forfeits hold any other office or employment in the his seat. 3overnment or any s bdivision1 agency or %nstr mentality thereof1 incl ding 3<"", or their s bsidiaries. 2. +egislators cannot be appointed to any %( the office was created or the office. emol ments thereof increased d ring the term for which he was elected.
3. +egislators cannot personally appear as co nsel before any co rt of j stice1 electoral trib nal1 5 asi8j dicial and administrative bodies. !. +egislators cannot be financially interested directly or indirectly in any contract with or in any franchise1 or special privilege granted by the 3overnment1 or any s bdivision1 agency or instr mentality thereof1 incl ding any 3<"" or its s bsidiary. $. +egislators cannot intervene in any matter before any office of the government.
B ring his term of office.
B ring his term of office.
When it is for his pec niary benefit or where he may be called pon to act on acco nt of his office.
SEC5 1A: RE7ULAR AND SPECIAL SESSIONS R!+1)*% S!ssi #s:

1.) "ongress convenes once every year on the !th ?onday of H ly - nless otherwise
provided for by law0 2.0 "ontin es in session for as long as it sees fit1 ntil 32 days before the opening of the ne7t reg lar session1 e7cl ding ,at rdays1 , ndays1 and legal holidays.
3$
S(!&i*) S!ssi #s: "alled by the President at any time when "ongress is not in session. SEC5 1B5 O""i&!%s: 1.0 ,enate President# 2.0 ,pea@er of the Do se# and 3.0 *ach Do se may choose s ch other officers as it may deem necessary. E)!&$i # " O""i&!%s 4y a majority vote of all respective members. L1 %14 $ 2 61si#!ss: 1. ?ajority of each Do se shall constit te a 5 or m. 2. A smaller n mber may adjo rn from day to day and may compel the attendance of absent members. 3. %n comp ting a 5 or m1 members who are o tside the co ntry and th s o tside of each Do seEs coercive j risdiction are not incl ded. I#$!%#*) R1)!s: 1. *ach Do se shall determine its own proced ral r les. 2. ,ince this is a power vested in "ongress as part of its inherent powers1 nder the principle of separation of powers1 the co rts cannot intervene in the implementation of these r les insofar as they affect the members of "ongress. 3. Also1 since "ongress has the power to ma@e these r les1 it also has the power to ignore them when circ mstances so re5 ire. Dis&i()i#!: 1.0 , spension a. "onc rrence of 2K3 of A++ its members and b. ,hall not e7ceed &2 days. 2.0 *7p lsion a. "onc rrence of 2K3 of A++ its members. C #+%!ssi #*) G 1%#*)s *#2 R!& %2s: 1.0 The Ho rnal is concl sive pon the co rts. 2.0 4CT an enrolled bill prevails over the contents of the Ho rnal. 3.0 An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each Do se. Th s where the certifications are valid and are not withdrawn1 the contents of the enrolled bill are concl sive pon the co rts as regards the provision of that partic lar bill. A20 1%#4!#$s: 1.0 )either Do se can adjo rn for more than 3 days d ring the time "ongress is in session witho t the consent of the other Do se. 2.0 )either can they adjo rn to any other place than that where the two ho ses are sitting1 witho t the consent of the other. S!&$i # 1C: THE ELECTORAL TRIBUNAL T'! S!#*$! *#2 $'! H 1s! s'*)) !*&' '*-! *# E)!&$ %*) T%i61#*) .'i&' s'*)) 6! & 4( s!2 ": 1. 3 , preme "o rt H stices to be designated by the "hief H stice# R 2. & ?embers of the ,enate or Do se1 as the case may be. The senior H stice in the *lectoral Trib nal shall be its "hairman.
3&
)ote: The congressional members of the *TEs shall be chosen on the basis of proportional representation from the political parties and party8list organi9ations. G1%is2i&$i #: 1.0 *ach *T shall be the sole j dge of all "<)T*,T, relating to the election1 ret rns1 and 5 alifications of their respective members. This incl des determining the validity or invalidity of a proclamation declaring a partic lar candidate as the winner. 2.0 An Pelection contestE is one where a defeated candidate challenges the 5 alification and claims for himself the seat of a proclaimed winner. 3.0 %n the absence of an election contest1 the *T is witho t j risdiction. Dowever1 the power of each Do se to e7pel its own members or even to defer their oath8ta@ing ntil their 5 alifications are determined may still be e7ercised even witho t an election contest. Iss1!s %!+*%2i#+ $'! E)!&$ %*) T%i61#*)s: 1.0 ,ince the *TEs are independent constit tional bodies1 independent even of the Do se from which the members are respectively ta@en1 neither "ongress nor the "o rts may interfere with proced ral matters relating to the f nctions of the *TEs1 s ch as the setting of deadlines or filing their election contests with the respective *Ts. 2.0 The *Ts being independent bodies1 its members may not be arbitrarily removed from their positions in the trib nal by the parties which they represent. )either may they be removed for not voting according to party lines1 since they are acting independently of "ongress. 3.0 The mere fact that the members of either the ,enate or the Do se sitting on the *T are those which are so ght to be dis5 alified d e to the filing of an election contest against them does not warrant all of them from being dis5 alified from sitting in the *T. The "onstit tion is 5 ite clear that the *T m st act with both members from the ," and from the ,enate or the Do se. %f all the legislator8members of the *T were to be dis5 alified1 the *T wo ld not be able to f lfill its constit tional f nctions. !.0 H dicial review of decisions of the *Ts may be had with the ," only insofar as the decision or resol tion was rendered witho t or in e7cess of j risdiction or with grave ab se of discretion constit ting denial of d e process. S!&$i # 1E: THE COMMISSION ON APPOINTMENTS C 4( si$i #: 1.0 ,enate President as e78officio chairman# 2.0 12 ,enators# and 3.0 12 ?embers of the Do se. )ote: The 12 ,enators and 12 'epresentatives are elected on the basis of proportional representation from the political parties and party8list organi9ations. V $i#+>A&$i # 1.0 The chairman shall only vote in case of a tie. 2.0 The "A shall act on all appointments within 32 session days from their s bmission to "ongress. 3.0 The "ommission shall r le by a majority vote of all the ?embers.
3A
G1%is2i&$i # 1.0 "A shall confirm the appointments by the President with respect to the following positions: a. Deads of the *7ec tive Bepartments -e7cept if it is the >ice8President who is appointed to the post0. b. Ambassadors1 other p blic ministers or cons ls. c. <fficers of the A(P from the ran@ of "olonel or )aval "aptain: and d. <ther officers whose appointments are vested in him by the "onstit tion -e.g. "<?*+*" members0. 2.0 "ongress "A))<T by law prescribe that the appointment of a person to an office created by s ch law shall be s bject to confirmation by the "A. 3.0 Appointments e7tended by the President to the above8mentioned positions while "ongress is not in session shall only be effective ntil disapproval by the "A or ntil the ne7t adjo rnment of "ongress. M!!$i#+s " $'! CA 1.0 "A meets only while "ongress is in session. 2.0 ?eetings are held either at the call of the "hairman or a majority of all its members. 3.0 ,ince the "A is also an independent constit tional body1 its r les of proced re are also o tside the scope of congressional powers as well as that of the j diciary. )ote: The *T and the "A shall be constit ted within 32 days after the ,enate and the Do se of 'epresentative shall have been organi9ed with the election of the President and the ,pea@er. S!&$i #s 21D22: LE7ISLATIVE INLUIRIES S& (!: 1. *ither Do se or any of their committees may cond ct in5 ires Pin aid of legislationE. 2. F%n aid of legislationG does not mean that there is pending legislation regarding the s bject of the in5 iry. %n fact1 investigation may be needed for p rposes of proposing f t re legislation. 3. %f the stated p rpose of the investigation is to determine the e7istence of violations of the law1 the investigation is no longer Pin aid of legislationE b t Pin aid of prosec tionE. This violates the principle of separation of powers and is beyond the scope of congressional powers. E#" %&!4!#$: 1. ,ince e7perience has shown that mere re5 ests for information does not s ally wor@1 "ongress has the inherent power to p nish recalcitrant witnesses for contempt1 and may have them incarcerated ntil s ch time that they agree to testify. 2. The contin ance of s ch incarceration only s bsists for the lifetime1 or term1 of s ch body. <nce the body ceases to e7ist after its final adjo rnment1 the power to incarcerate ceases to e7ist as well. Th s1 each P"ongressE of the Do se lasts for only 3 years. 4 t if one is incarcerated by the ,enate1 it is indefinite beca se the ,enate1 with its staggered terms1 is a contin ing body. 3. 4CT1 in order for a witness to be s bject to this incarceration1 the primary re5 irement is that the in5 iry is within the scope of "ongressE powers. i.e. it is in aid of legislation. !. The materiality of a 5 estion is determined not by its connection to any act ally pending legislation1 b t by its connection to the general scope of the in5 iry.
3.
$. The power to p nish for contempt is inherent in "ongress and this power is s i generis. %t cannot be e7ercised by local government nits nless they are e7pressly a thori9ed to do so. Li4i$*$i #s: 1. The in5 iry m st be cond cted in accordance with the Pd ly p blished r les of proced reE of the Do se cond cting the in5 iry# and 2. The rights of persons appearing in or affected by s ch in5 iries shall be respected. *7. The right against self8incrimination. A((!*%*#&! 6/ 2!(*%$4!#$ '!*2s 6!" %! C #+%!ss: 1. ,ince members of the e7ec tive department are co8e5 als with those of the legislative department1 nder the principle of separations of powers1 department heads cannot be compelled to appear before "ongress. )either may the department heads impose their appearance pon "ongress. Bepartment heads may appear before "ongress in the following instances: a. Cpon their own initiative1 with the consent of the President -and that of the Do se concerned0# or b. Cpon the re5 est of either Do se -which cannot compel them to attend0 3. The appearance will be cond cted in *I*"CT%>* ,*,,%<) when: a. 'e5 ired by the sec rity of state or re5 ired by p blic interest# and b. When the President so states in writing S!&$i #s 2=D2@5 DECLARATION OF WAR>EMER7ENCY POWERS V $! %!91i%!4!#$: ($ 2!&)*%! $'! !Iis$!#&! " * s$*$! " .*%) 1. 2K3 of both Do ses1 in joint session 2. >oting separately E4!%+!#&/ ( .!%s: 1. B ring times of war or other national emergency1 "ongress may1 4= +AW1 a thori9e the President to e7ercise powers necessary and proper to carry o t a declared national policy. 2. +imitations: a. Powers will be e7ercised for a limited period only# and b. Powers will be s bject to restrictions prescribed by "ongress 3. *7piration of emergency powers a. 4y resol tion of "ongress or b. Cpon the ne7t adjo rnment of "ongress S!&$i #s 2@D2C8 =0D=1 LE7ISLATION Bi))s $'*$ 41s$ %i+i#*$! "% 4 $'! H 1s! " R!(%!s!#$*$i-!s (S!&$i # 2@) CODE: A R T P1 L P
1. 2. 3. 4. 5. 6.
2.
Appropriation bills Reven e bills Tariff bills 4ills a thori9ing the increase of (1blic debt 4ills of ) cal application Private bills
3/
)ote: The ,enate may1 however1 propose or conc r with amendments. A((% (%i*$i # 6i))s 1. The primary and specific aim of an appropriation bill is to appropriate a s m of money from the p blic treas ry. 2. Th s1 a bill enacting the b dget is an appropriations bill. 3. 4CT: A bill creating a new office1 and appropriating f nds therefor is )<T an appropriation bill. R!-!#1! Bi)) 1. 2. A reven e bill is one specifically designed to raise money or reven e thro gh imposition or levy. Th s1 a bill introd cing a new ta7 is a reven e bill1 b t a provision in1 for instance1 the >ideogram 'eg latory 4oard law imposing a ta7 on video rentals does not ma@e the law a reven e bill.
Bi))s " ) &*) *(()i&*$i # A bill of local application1 s ch as one as@ing for the conversion of a m nicipality into a city1 is deemed to have originated from the Do se provided that the bill of the Do se was filed prior to the filing of the bill in the ,enate even if1 in the end1 the ,enate approved its own version. Li4i$*$i #s: 1. (or appropriation bills: a. "ongress cannot increase the appropriations recommended by the President for the operation of the 3overnment as specified in the b dget. b. *ach provision or enactment in the 3eneral Appropriations 4ill m st relate specifically to some partic lar appropriation therein and any s ch provision or enactment m st be limited in its operation to the appropriation to which it relates. c. The proced re in approving appropriations for "ongress shall strictly follow the proced re for approving appropriations for other departments and agencies. d. A special appropriations bill m st specify the p rpose for which it is intended and m st be s pported by f nds act ally available as certified by the )ational Treas rer or to be raised by a corresponding reven e proposal therein. e. Transfer of appropriations: i. ii. ' le: )o law shall be passed a thori9ing any transfer of appropriations 4CT the following may1 4= +AW1 be a thori9ed to AC3?*)T any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations - President - President of the ,enate - ,pea@er of the Do se of 'epresentatives - "hief of H stice of the , preme "o rt - Deads of the "onstit tional "ommissions
f.
Biscretionary f nds appropriated for partic lar officials shall be: i. Bisb rsed only for p blic p rposes# ii. ,ho ld be s pported by appropriate vo chers# and iii. , bject to g idelines as may be prescribed by law.
!2
g. %f "ongress fails to pass 3eneral Appropriations 4ill -3A40 by the end of any fiscal year: i. The 3A4 for the previo s year is deemed reenacted ii. %t will remain in f ll force and effect ntil the 3A4 is passed by "ongress. 2. (or law granting ta7 e7emption %t sho ld be passed with the conc rrence of a ?AH<'%T= of A++ the members of "ongress. 3. (or bills in general a. *very bill shall embrace only one -10 s bject1 as e7pressed in the title thereof i. ii. As a mandatory re5 irement The title does not have to be a complete catalog e of everything stated in the bill. %t is s fficient if the title e7presses the general s bject of the bill and all the provisions of the stat te are germane to that general s bject. A bill which repeals legislation regarding the s bject matter need not state in the title that it is repealing the latter. Th s1 a repealing cla se in the bill is considered germane to the s bject matter of the bill.
iii.
b. 'eadings 1. %n order to become a law1 each bill m st pass three -30 readings in both Do ses. 2. 3eneral r le: *ach reading shall be held on separate days R printed copies thereof in its final form shall be distrib ted to its ?embers three -30 days before its passage. 3. *7ception: %f a bill is certified as rgent by the President as to the necessity of its immediate enactment to meet a p blic calamity or emergency1 the 3 readings can be held on the same day. !. (irst reading 6 only the title is read# the bill is passed to the proper committee ,econd reading 6 *ntire te7t is read and debates are held1 and amendments introd ced. Third reading 6 only the title is read1 no amendments are allowed. >ote shall be ta@en immediately thereafter and the yeas and nays entered in the jo rnal. V!$ ( .!% " P%!si2!#$: 1. *very bill1 in order to become a law1 m st be presented to and signed by the President. 2. %f the President does not approve of the bill1 he shall veto the same and ret rn it with his objections to the Do se from which it originated. The Do se shall enter the objections in the Ho rnal and proceed to reconsider it. 3. The President m st comm nicate his decision to veto within 32 days from the date of receipt thereof. %f he fails to do so1 the bill shall become a law as if he signed it. !. This r le eliminates the Ppoc@et vetoE whereby the President wo ld simply ref se to act on the bill. $. To <>*''%B* the veto1 at least 2K3 of A++ the members of each Do se m st agree to pass the bill. %n s ch case1 the veto is overriden and becomes a law witho t need of presidential approval.
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&. %tem veto a. The President may veto partic lar items in an appropriation1 reven e or tariff bill. b. This veto will not affect items to which he does not object. c. Befinition of item TYPE OF BILL 1. 'even eKta7 bill 2. Appropriations bill d. >eto of '%B*' 1. A rider is a provision which does not relate to a partic lar appropriation stated in the bill. 2. ,ince it is an invalid provision nder ,ection 2$-201 the President may veto it as an item. S(!&i"i& )i4i$*$i #s # )!+is)*$i # 1. )o law shall be enacted increasing the , preme "o rtEs appellate j risdiction witho t the ,"Es advice and conc rrence. 2. )o law shall be enacted granting titles of royalty or nobility. S!&$i # 2E5 POWER TO TAF Li4i$*$i #s: 10 20 30 !0 The r le of ta7ation sho ld be C)%(<'? %t sho ld be *JC%TA4+* "ongress sho ld evolve a P'<3'*,,%>* system of ta7ation. The power to ta7 m st be e7ercised for a p blic p rpose beca se the power e7ists for the general welfare $0 The d e process and e5 al protection cla ses of the "onstit tion sho ld be observed. D!)!+*$i # " ( .!% $ "iI %*$!s 10 "ongress may1 4= +AW1 a thori9e the President to fi7 the following: a0 Tariff rates b0 %mport and *7port J otas c0 Tonnage and wharfage d es d0 <ther d ties and imposts Within the framewor@ of the national development program of the 3overnment 20 The e7ercise of s ch power by the President shall be within the specified limits fi7ed by "ongress and s bject to s ch limitations and restrictions as it may impose. C #s$i$1$i #*) $*I !I!4($i #s: 10 The following properties are e7empt from '*A+ P'<P*'T= ta7es (CODE: C'* C'1 MD CA) a0 b0 c0 d0 e0 "haritable instit tions "h rches1 and parsonages or convents app rtenant thereto ?os5 es )on8profit cemeteries# and All lands1 b ildings and improvements act ally1 directly and e7cl sively sed for religio s1 charitable1 or ed cational p rposes. ITEM , bject of the ta7 and the ta7 rate imposed thereon %ndivisible s m dedicated to a stated p rpose
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20 All reven es and assets of )<)8,T<"N )<)8P'<(%T *BC"AT%<)A+ instit tions are e7empt from ta7es and d ties P'<>%B*B that s ch reven es and assets are act ally1 directly and e7cl sively sed for ed cational p rposes. -Art. I%> ,ec ! -300 30 3rants1 endowments1 donations or contrib tions sed act ally1 directly and e7cl sively for ed cational p rposes shall be e7empt from ta7. This is s bject to conditions prescribed by law. -Art. I%>. ,ec ! -!00 S!&$i # 2J5 P .!% " $'! P1%s! 10 )o money shall be paid o t of the )ational Treas ry *I"*PT in p rs ance of an appropriation made by law. a0 This places the control of p blic f nds in the hands of "ongress. b0 4CT: This r le does not prohibit contin ing appropriations. e.g. for debt servicing. This is beca se the r le does not re5 ire yearly1 or ann al appropriation. 20 +imitations. a0 Appropriations m st be for a PC4+%" PC'P<,* b0 "annot appropriate p blic f nds or property1 directly or indirectly1 in favor of -i0 Any sect1 ch rch1 denomination1 or sectarian instit tion or system of religion or -ii0 Any priest1 preacher1 minister1 or other religio s teacher or dignitary as s ch. *I"*PT if the priest1 etc is assigned to: - the Armed (orces# or - any penal instit tion# or - government orphanage# or - leprosari m c0 4CT the government is not prohibited from appropriating money for a valid sec lar p rpose1 even if it incidentally benefits a religion1 e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen. d0 A+,<1 the temporary se of p blic property for religio s p rposes is valid1 as long as the property is available for all religions 30 ,pecial ( nds a0 ?oney collected on a ta7 levied for a special p rpose shall be treated as a special f nd and paid o t for s ch p rpose only. b0 <nce the special p rpose is f lfilled or abandoned1 any balance shall be transferred to the general f nds of the 3overnment S!&$i # =25 INITIATIVE AND REFERENDUM 10 Thro gh the system of initiative and referend m1 the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the "ongress or local legislative body. 20 'e5 ired Petition a0 ,ho ld be signed by at least 12Q of the total n mber of registered voters b0 *very legislative district sho ld be represented by at least 3Q of the registered voters c0 Petition sho ld be registered
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ARTICLE VII5 THE EFECUTIVE DEPARTMENT S!&$i # 15 EFECUTIVE POWER S& (!: 10 *7ec tive power is vested in the President of the Philippines. 20 The scope of this power is set forth in Art. >%% of the "onstit tion. 4 t this power is not limited to those set forth therein. The ,"1 in ?arcos v. ?anglap s1 referred to the '*,%BCA+ powers of the President as the "hief *7ec tive of the co ntry1 which powers incl de others not set forth in the "onstit tion. *IA?P+*: The President is imm ne from s it and criminal prosec tion while he is in office. 30 Privilege of imm nity from s it is personal to the President and may be invo@ed by him alone. %t may also be waived by the President1 as when he himself files s it. !0 4CT The President "A))<T dispose of state property nless a thori9ed by law. S!&$i # 25 LUALIFICATIONS 10 20 30 !0 $0 )at ral8born citi9en of the Philippines 'egistered voter# Able to read and write# At least !2 years old on the day of election Philippine resident for at least 12 years immediately preceding s ch election.
)ote: The >ice8President has the same 5 alifications R term of office as the President. De is elected with R in the same manner as the President. De may be removed from office in the same manner as the President. S!&$i # @5 MANNER OF ELECTION> TERM OF OFFICE M*##!% " E)!&$i # 10 The President and >ice8President shall be elected by direct vote of the people. 20 *lection ret rns for President and >ice8President1 as d ly certified by the proper 4oard of "anvassers shall be forwarded to "ongress1 directed to the ,enate President. 30 )ot later than 32 days after the day of the election1 the certificates shall be opened in the presence of both ho ses of "ongress1 assembled in joint p blic session. !0 The "ongress1 after determining the a thenticity and d e e7ec tion of the certificates1 shall canvass the votes. $0 The person receiving the highest n mber of votes shall be proclaimed elected. &0 %n case of a tie between 2 or more candidates1 one shall be chosen by a majority of A++ the members of both Do ses1 voting separately. %n case this res lts in a deadloc@1 the ,enate President shall be the acting President ntil the deadloc@ is bro@en. A0 The , preme "o rt en banc shall act as the sole j dge over all contests relating to the election1 ret rns1 and 5 alifications of the President or >ice8President and may prom lgate its r les for the p rpose.
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T!%4 " O""i&! 1) P%!si2!#$ a0 & years beginning at noon on 32 H ne immediately following the election and ending at noon on the same day & years later. b0 Term limitation: ,ingle term only# not eligible for any reelection. c0 Any person who has s cceeded as President1 and served as s ch for more than ! years shall )<T be 5 alified for election to the same office at any time. 2) Vi&!DP%!si2!#$: a0 & years1 starting and ending the same time as the President. b0 Term limitation: 2 s ccessive terms. c0 >ol ntary ren nciation of the office for any length of time is )<T an interr ption in the contin ity of service for the f ll term for which the >ice8President was elected. S!&$i # B5 SALARIES AND EMOLUMENTS 10 <fficial salaries are determined by law. 20 ,alaries cannot be decreased d ring the T*)C'* of the President and the >ice8 President. 30 %ncreases ta@e effect only after the e7piration of the T*'? of the inc mbent d ring which the increase was approved. !0 Prohibited from receiving any other emol ment from the government or any other so rce d ring their T*)C'* S!&$i #s CD128 PRESIDENTIAL SUCCESSION 1. >acancies at the beginning of the term >A"A)"= President8elect fails to 5 alify or to be chosen President8elect dies or is permanently disabled. 4oth President and >P8elect are not chosen or do not 5 alify or both die1 or both become permanently disabled. ,C""*,,<' >P8elect will be Acting President ntil someone is 5 alifiedKchosen as President. >P becomes President. 1. ,enate President or 2. %n case of his inability1 the ,pea@er of the Do se shall act as President ntil a President or a >P shall have been chosen and 5 alified. %n case of death or disability of -10 and -201 "ongress shall determine1 by law1 who will be the acting President.
2. >acancies after the office is initially filled: >A"A)"= ,C""*,,<' President dies1 is permanently disabled1 is >ice8President becomes President for the impeached1 or resigns. ne7pired term. 4oth President and >ice8President die1 1. ,enate President or become permanently disabled1 are 2. %n case of his inability1 the ,pea@er of impeached1 or resign. the Do se shall act as President ntil the President or >P shall have been elected and 5 alified.
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30 >acancy in office of >ice8President d ring the term for which he was elected: a0 President will nominate new >P from any member of either Do se of "ongress. b0 )ominee shall ass me office pon confirmation by majority vote of A++ members of both Do ses1 voting separately. -)ominee forfeits seat in "ongress0 !0 *lection of President and >ice8President after vacancy d ring tem a0 "ongress shall convene 3 days after the vacancy in the office of both the President and the >P1 witho t need of a call. The convening of "ongress cannot be s spended. Within A days after convening1 "ongress shall enact a law calling for a special election to elect a President and a >P. The special election cannot be postponed. The special election shall be held not earlier than !$ days not later than &2 days from the time of the enactment of the law. The 3 readings for the special law need not be held on separate days. The law shall be deemed enacted pon its approval on third reading.
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4CT: )o special election shall be called if the vacancy occ rs within 1. months before the date of the ne7t presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his d ties may be raised in either of two ways: a0 4y the President himself1 when he sends a written declaration to the ,enate President and the ,pea@er of the Do se. %n this case1 the >ice8President will be Acting President ntil the President transmits a written declaration to the contrary. b0 When a majority of the "abinet members transmit to the ,enate President and the ,pea@er their written declaration. -i0 -ii0 -iii0 The >P will immediately be Acting President. 4CT: %f the President transmits a written declaration that he is not disabled1 he reass mes his position %f within $ days after the President re8ass mes his position1 the majority of the "abinet retransmits their written declaration1 "ongress shall decide the iss e. %n this event1 "ongress shall reconvene within !. ho rs if it is not in session1 witho t need of a call. Within 12 days after "ongress is re5 ired to assemble1 or 12 days if "ongress is not in session1 a 2K3 majority of both Do ses1 voting separately1 is needed to find the President temporarily disabled1 in which case1 the >P will be Acting President.
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&0 Presidential %llness: a0 %f the President is serio sly ill1 the p blic m st be informed thereof. b0 *ven d ring s ch illness1 the )ational ,ec rity Adviser1 the ,ecretary of (oreign Affairs1 and the "hief of ,taff of the A(P are entitled to access to the President
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S!&$i # 1=5 DISLUALIFICATIONS ,C4H*"T ,<C'"* <( B%,JCA+%(%"AT%<) President1 >ice8President1 Prohibited from: "abinet ?embers1 Bep ties or 1. Dolding any office or employment d ring their Assistants of "abinet ?embers ten re1 C)+*,,: a. otherwise provided in the "onstit tion -e.g. >P can be appointed a "abinet ?ember1 ,ec. of H stice sits on H dicial and 4ar "o ncil0# or b. the positions are e78officio and they do not receive any salary or other emol ments therefor -e.g. ,ec. of (inance is head of ?onetary 4oard0. 2. 3. !. Practicing1 directly or indirectly1 any other profession d ring their ten re# Participating in any b siness# 4eing financially interested in any contract with1 or in any franchise1 or special privilege granted by the government or any s bdivision1 agency or instr mentality thereof1 incl ding 3<""Ss or their s bsidiaries.
).4. The r le on dis5 alifications for the President and his "abinet are stricter than the normal r les applicable to appointive and elective officers nder Art. %I841 ,ec. A. th ,po ses and ! degree "annot be appointed d ring PresidentEs ten re as: relatives of the President -consang inity or affinity0 1. ?embers of the "onstit tional "ommissions# 2. <ffice of the <mb dsman# 3. Bepartment ,ecretaries# !. Bepartment nder8secretaries# $. "hairman or heads of b rea s or offices incl ding 3<""Es and their s bsidiaries. ).4. a. %f the spo se1 etc.1 was already in any of the above offices at the time before hisKher spo se became President1 heKshe may contin e in office. What is prohibited is appointment and reappointment1 )<T contin ation in office. b. ,po ses1 etc.1 can be appointed to the j diciary and as ambassadors and cons ls. S!&$i #s 1@D1B5 POWER TO APPOINT P%i#&i()!s: 10 20 ,ince the power to appoint is e7ec tive in nat re1 "ongress cannot s rp this f nction. While "ongress -and the "onstit tion in certain cases0 may prescribe the 5 alifications for partic lar offices1 the determination of who among those who are 5 alified will be appointed is the PresidentEs prerogative.
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S& (!: The President shall appoint the following: 10 20 30 !0 Deads of e7ec tive departments -"A confirmation needed0: Ambassadors1 other p blic ministers1 and cons ls -"A confirmation needed0. <fficers of A(P from ran@ of colonel or naval captain -"A confirmation needed0. <ther officers whose appointment is vested in him by the "onstit tion -"A confirmation needed01 s ch as: a0 "hairmen and members of the "<?*+*"1 "<A and ",". b0 'eg lar members of the H dicial and 4ar "o ncil. c0 The <mb dsman and his dep ties# d0 ,ectoral representatives in "ongress. ).4. President also appoints members of the , preme "o rt and j dges of the lower co rts1 b t these appointments do not need "A confirmation.
$0 All other officers whose appointments are not otherwise provided for by law# and those whom he may be a thori9ed by law to appoint. a0 This incl des the "hairman and members of the "ommission on D man 'ights1 whose appointments are provided for by law )<T by the "onstit tion. b0 "ongress may1 by law1 vest the appointment of other officers lower in ran@ in the President alone or in the co rts1 or in the heads of departments1 agencies1 boards or commissions.
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4CT: "ongress cannot1 by law1 re5 ire "A confirmation of the appointment of other officers for offices created s bse5 ent to the 1/.A "onstit tion -e.g. )+'" "ommissioners1 4ang@o ,entral 3overnor0. A+,<: >ol ntary s bmission by the President to the "A for confirmation of an appointment which is not re5 ired to be confirmed does not vest the "A with j risdiction. The President cannot e7tend the scope of the "AEs power as provided for in the "onstit tion.
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P% &!21%!: 10 "A confirmation needed: a0 b0 c0 d0 )omination by President "onfirmation by "A Appointment by President# and Acceptance by appointee.
)ote: At any time before all fo r steps have been complied with1 the President can withdraw the nominationKappointment. 20 )o "A confirmation: a0 Appointment# and b0 Acceptance. )ote: <nce appointee accepts1 President can no longer withdraw the appointment.
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A2Di#$!%i4 *(( i#$4!#$s: 10 When "ongress is in recess1 the President may still appoint officers to positions s bject to "A confirmation. 20 These appointments are effective immediately1 b t are only effective ntil they are disapproved by the "A or ntil the ne7t adjo rnment of "ongress. 30 Appointments to fill an office in an PactingE capacity are )<T ad8interim in nat re and need no "A approval. A(( i#$4!#$s 6/ *# A&$i#+ P%!si2!#$: These shall remain effective C)+*,, revo@ed by the elected President within /2 days from his ass mption or re8ass mption of office. Li4i$*$i # 10 2 months immediately before the ne7t Presidential elections1 and p to the end of his term1 the President or Acting President ,DA++ )<T ma@e appointments. This is to prevent the practice of Pmidnight appointments.G 20 *I"*PT%<): a0 "an ma@e T*?P<'A'= APP<%)T?*)T, b0 To fill *I*"CT%>* P<,%T%<),# c0 %f contin ed vacancies therein will prej dice p blic service or endanger p blic safety. S!&$i # 1C5 P .!% " C #$% ) *#2 S1(!%-isi # P .!% " C #$% ): The power of an officer to alter1 modify1 or set aside what a s bordinate officer has done in the performance of his d ties1 and to s bstit te the j dgment of the officer for that of his s bordinate. Th s1 the President e7ercises control over all the e7ec tive departments1 b rea s1 and offices. The PresidentEs power over government8owned corporations comes not from the "onstit tion b t from stat te. Dence1 it may be ta@en away by stat te. L1*)i"i!2 P )i$i&*) A+!#&/: 10 ,ince all e7ec tive and administrative organi9ations are adj ncts of the *7ec tive Bepartment1 the heads of s ch departments1 etc. are assistants and agents of the President. 20 Th s1 generally the acts of these department heads1 etc1 which are performed and prom lgated in the reg lar co rse of b siness1 are pres mptively the acts of the President. 30 *7ception: %f the acts are disapproved or reprobated by the President. !0 Cnder Administrative +aw1 decisions of Bepartment ,ecretaries need not be appealed to the President in order to comply with the re5 irement of e7ha stion of administrative remedies. $0 J alified political agency does )<T apply if the President is re5 ired to act in person by law or by the "onstit tion. *7ample: The power to grant pardons m st be e7ercised personally by the President.
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Dis&i()i#*%/ P .!%s: 10 The power of the President to discipline officers flows from the power to appoint the1 and )<T from the power control. 20 4CT While the President may remove from office those who are not entitled to sec rity of ten re1 or those officers with no set terms1 s ch as Bepartment Deads1 the officers1 and employees entitled to sec rity of ten re cannot be s mmarily removed from office. P .!% " S1(!%-isi #: 10 This is the power of a s perior officer to ens re that the laws are faithf lly e7ec ted by s bordinates. 20 The power of the president over local government nits is only of general s pervision. Th s1 he can only interfere with the actions of their e7ec tive heads if these are contrary to law. 30 The e7ec tion of laws is an <4+%3AT%<) of the President. De cannot s spend the operation of laws. !0 The power of s pervision does not incl de the power of control# b t the power of control necessarily incl des the power of s pervision. S!&$i # 1E5 COMMANDERDINDCHIEF POWERS S& (!: 10 The President is the "ommander8in8"hief of the Armed (orces. 20 Whenever necessary1 the President may call o t the A(P to P'*>*)T or ,CPP'*,,: a0 +awless violence# b0 %nvasion# or c0 'ebellion. 30 The President may also: a0 , spend the privilege of the writ of habeas corp s# and b0 Proclaim a state of martial law. S1s(!#si # " $'! (%i-i)!+! " $'! .%i$ " '*6!*s & %(1s *#2 2!&)*%i#+ 4*%$i*) )*.N 1. 3ro nds a. %nvasion or b. 'ebellion# and c. P blic safety re5 ires it. 2. The invasion or rebellion m st be A"TCA+ and not merely imminent. 3. +imitations: a. , spension or proclamation is effective for only &2 days. b. Within !. ho rs from the declaration or s spension1 the President m st s bmit a report to "ongress.
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c. "ongress1 by majority vote and voting jointly1 may revo@e the same1 and the President cannot set aside the revocation. d. %n the same manner1 at the PresidentEs initiative1 "ongress can e7tend the same for a period determined by "ongress if: i. %nvasion or rebellion persist and ii. P blic safety re5 ires it. )<T*: "ongress "A))<T e7tend the period mot propio. e. , preme "o rt review: i. The appropriate proceeding can be filed by any citi9en. ii. The ," can review the (A"TCA+ 4A,%, of the proclamation or s spension. iii. Becision is prom lgated within 32 days from filing.
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?artial +aw does &"T. i. , spend the operation of the "onstit tion. ii. , pplant the f nctioning of the civil co rts or legislative assemblies. iii. A thori9e conferment of j risdiction on military co rts over civilians where civil co rts are able to f nction and iv. A tomatically s spend the privilege of the writ.
g. , spension of privilege of the writ: i. Applies <)+= to persons j dicially charged for rebellion or offenses inherent in or directly connected with invasion. ii. Anyone arrested or detained d ring s spension m st be charged within 3 days. <therwise he sho ld be released. )ote: While the s spension of the privilege of writ and the proclamation of martial law is s bject to j dicial review1 the act al se by the President of the armed forces is not. Th s1 troop deployments in times of war is s bject to the PresidentEs j dgment and discretion. S!&$i # 1J: EFECUTIVE CLEMENCY S& (!:
1.0 The President may grant the following: O P* R C R!P a. P*rdons -conditional or plenary0 b. Reprieves c. Comm tations d. R!mittance of fines and forfeit res
2.0 These may only be granted A(T*' conviction by final j dgment. 3.0 A+,<: The power to grant clemency incl des cases involving administrative penalties. !.0 Where a conditional pardon is granted1 the determination of whether it has been violated rests with the President.
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Li4i$*$i #s: 1.0 As to scope: "annot be granted: a.0 4efore conviction b.0 %n cases of impeachment c.0 (or violations of election laws1 r les1 and reg lation witho t the favorable recommendation of the "<?*+*" d.0 %n cases of civil or legislative contempt 2.0 As to effect: a.0 Boes not absolve civil liabilities for an offense. b.0 Boes not restore p blic offices already forfeited1 altho gh eligibility for the same may be restored. A4#!s$/: 1.0 An act of grace conc rred in by "ongress1 s ally e7tended to gro ps of persons who commit political offenses1 which p ts into oblivion the offense itself. 2.0 President alone "A))<T grant amnesty. Amnesty needs conc rrence by a majority of all the members of "ongress. 3.0 When a person applies for amnesty1 he m st admit his g ilt of the offense which is s bject to s ch amnesty. %f his application is denied1 he can be convicted based on this admission of g ilt. !.0 Amnesty >. Pardon AMNESTY Addressed to P<+%T%"A+ offenses 3ranted to a "+A,, of persons )eed not be accepted 'e5 ires conc rrence of majority of all members of "ongress A p blic act. , bject to j dicial notice *7ting ishes the offense itself PARDON Addressed to <'B%)A'= offenses 3ranted to %)B%>%BCA+, ? st be accepted )o need for "ongressional conc rrence
Private act of President. %t m st be proved. <nly penalties are e7ting ished. ?ay or may not restore political rights. Absol te pardon restores. "onditional does not. "ivil indemnity is not e7ting ished. ?ay be granted before or after <nly granted after conviction by final conviction j dgement S!&$i # 205 P .!% $ C #$%*&$ % 71*%*#$!! F %!i+# L *#s Li4i$*$i #s: -10 The President may contract or g arantee foreign loans on behalf of the 'ep blic of the Philippines with the prior conc rrence of the ?onetary 4oard# and -20 , bject to s ch limitations as may be provided by law. S!&$i # 215 F %!i+# R!)*$i #s P .!%s i#&)12!: -10 Power to negotiate treaties and other international agreements -a0 4CT: , ch treaty of international agreement m st be conc rred in by at least 2K3 of all ,enators in order to be valid and effective in o r co ntry.
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-b0 <ptions of ,enate when a treaty is s bmitted for its approval: -i0 Approve with 2K3 majority# -ii0 Bisapprove o tright# or -iii0 Approve conditionally1 with s ggested amendments. -c0 %f treaty is not re8negotiated1 no treaty -d0 %f treaty is re8negotiated and the ,enateEs s ggestions are incorporated1 the treaty will go into effect witho t need of f rther ,enate approval. N $!: While o r m nicipal law ma@es a distinction between international agreements and e7ec tive agreements1 with the former re5 iring ,enate approval and the latter not needing the same1 nder international law1 there is no s ch distinction. N $!: The President cannot1 by e7ec tive agreement1 indirectly circ mvents a legal prohibition. -e0 "onflict between treaty and m nicipal law. -i0 Philippine co rt: The later enactment will prevail1 be it treaty or law1 as it is the latest e7pression of the ,tateEs will. -ii0 %nternational trib nal Treaty will always prevail. A ,tate cannot plead its m nicipal law to j stify noncompliance with an international obligation. -20 Power to appoint ambassadors1 other p blic ministers1 and cons ls. -30 Power to receive ambassadors and other p blic ministers accredited to the Philippines. -!0 Power to contract and g arantee foreign loans on behalf of the 'ep blic -$0 Power to deport aliens -a0 This power is vested in the President by virt e of his office1 s bject only to restrictions as may be provided by legislation as regards the gro nds for deportation. -b0 %n the absence of any legislative restriction to a thority1 the President may still e7ercise this power. -c0 The power to deport aliens is limited by the re5 irements of d e process1 which entitles the alien to a f ll and fair hearing. 4CT: The alien is not entitled to bail as a matter of right. ARTICLE VIII5 THE GUDICIAL DEPARTMENT SEC5 15 GUDICIAL POWER S& (!: 1. H dicial power is the a thority to settle j sticiable controversies or disp tes involving rights that are enforceable and demandable before the co rts of j stice or the redress of wrongs for violations of s ch rights. 2. >ested in the , preme "o rt and s ch lower co rts as may be established by law. 3. ,ince the co rts are given Pj dicial powerE and nothing more1 co rts may neither attempt to ass me or be compelled to perform non8j dicial f nctions. They may not be charged with administrative f nctions e7cept when reasonably incidental to the f lfillment of their d ties. nderta@e an obligation which
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!. %n order that co rts may e7ercise this power1 there m st e7ist the following: a. b. c. An act al controversy with legally demandable and enforceable rights# %nvolving real parties in interest# The e7ercise of s ch power will bind the parties by virt e of the co rtEs application of e7isting laws.
$. H dicial power cannot be e7ercised in vac m. Witho t any laws from which rights arise and which are violated1 there can be no reco rse to the co rts. &. The co rts cannot be as@ed for advisory opinions. A. H dicial power incl des: a. The d ty of the co rts to settle act al controversies involving rights which are legally demandable and enforceable# and b. To determine whether or not there has been a grave ab se of discretion amo nting to lac@ or e7cess of j risdiction on the part of any branch or instr mentality of the government. P )i$i&*) L1!s$i #s: 1. A Ppolitical 5 estionE is one the resol tion of which has been vested by the "onstit tion e7cl sively in either the people1 in the e7ercise of their sovereign capacity1 or in which f ll discretionary a thority has been delegated to a co8e5 al branch of the 3overnment.
2. Th s1 while co rts can determine 5 estions of legality with respect to governmental action1 they cannot review government policy and the wisdom thereof1 for these 5 estions have been vested by the "onstit tion in the *7ec tive and +egislative Bepartments. SEC5 25 ROLES OF CON7RESS 1. Befining enforceable and demandable rights and prescribing remedies for violations of s ch rights# and 2. Betermining the co rt with j risdiction to hear and decide controversies or disp tes arising from legal rights. 3. Th s1 "ongress has the power to define1 prescribe and apportion the j risdiction of vario s co rts. !. 4CT1 "ongress cannot deprive the , preme "o rt of its j risdiction over cases provided for in the "onstit tion. $. "reation and abolition of co rts: a. The power to create co rts implies the power to abolish and even re8 organi9e co rts. b. 4CT this power cannot be e7ercised in a manner which wo ld ndermine the sec rity of ten re of the j diciary. c. %f the abolitionKre8organi9ation is done in good faith and not for political or personal reasons1 then it is >A+%B. -same r le applies for civil servants0 SEC5 =5 FISCAL AUTONOMY 1. The entire j diciary shall enjoy fiscal a tonomy. 2. Ann al appropriations for the j diciary cannot be red ced below the amo nt appropriated for the previo s year. 3. <nce approved1 appropriations shall be a tomatically and reg larly released.
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SECS5 @DCN 12 GUDICIARY C 4( si$i # " $'! S1(%!4! C 1%$: 1. "hief H stice and 2. 1! Associate H stices )ote: ?embers of the , preme "o rt and of other co rts established by law shall not be designated to any agency performing 5 asi8j dicial or administrative f nctions. L1*)i"i&*$i #s " 4!46!%s " $'! SC: 1. 2. 3. !. )at ral born citi9en of the Philippines At least !2 years old At least 1$ years of e7perience as a j dge or in the practice of law in the Philippines Person of proven competence1 integrity1 probity and independence.
L1*)i"i&*$i #s " 4!46!%s " ) .!% & ))!+i*$! & 1%$s (CA8 CTA8 S*#2i+*#6*/*#) 1. 2. 3. !. )at ral born citi9en of the Philippines ?ember of the Philippine bar Possesses other 5 alifications prescribed by "ongress Person of proven competence1 integrity1 probity and independence.
L1*)i"i&*$i #s " 012+!s " ) .!% # #D& ))!+i*$! & 1%$s: 1. 2. 3. !. "iti9en of the Philippines -may be a nat rali9ed citi9en0 ?ember of the Philippine 4ar Possesses other 5 alifications prescribed by "ongress Person of proven competence1 integrity1 probity and independence.
S!&$i # E5 GUDICIAL AND BAR COUNCIL 1. The H dicial and 4ar "o ncil is nder the s pervision of the ,". A. %s 1. 2. 3. !. $. &. A. nder the s pervision of the , preme "o rt and is composed of: "hief H stice1 as e78officio chairman ,ecretary of H stice1 as an e78officio member 'epresentative of "ongress1 as an e78officio member 'epresentative of the %ntegrated 4ar A professor of law A retired member of the ,"# and Private sector representative
N $!: The last fo r re the reg lar members of the H4". 'eg lar members are appointed by the President with "A approval. 'eg lar members serve for ! years1 with staggered terms. 4. ( nctions of H4" 1. Principal f nction: recommend appointees to the H diciary 2. *7ercise s ch other f nctions as the ," may assign to it. ". Appointments to the H diciary 1. President shall appoint from a list of at least 3 nominees for each vacancy1 as prepared by the H4". 2. )o "A confirmation is needed for appointments to the H diciary. 3. >acancies in ," sho ld be filled within /2 days from the occ rrence of the vacancy. !. >acancies in lower co rts sho ld be filled within /2 days from s bmission to the President of the H4" list.
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SEC5 105 SALARIES 1. ,alaries of ," H stices and j dges of lower co rts shall be fi7ed by law. 2. "annot be decreased d ring their contin ance in office1 b t can be increased. 3. ?embers of the H diciary are )<T e7empt from payment of income ta7. SEC5 115 TENURE>DISCIPLINARY POWERS OF SC 1. ?embers of the ," and j dges of the lower co rts hold office d ring good behavior ntil a. The age of A2 years old# or b. They become incapacitated to discharge their d ties. 2. Bisciplinary action against j dges of lower co rts: a. <nly the ," en banc has j risdiction to discipline or dismiss j dges of lower co rts. b. Bisciplinary actionKdismissal: ?ajority vote of ," H stices who too@ part in the deliberations and voted therein. 3. 'emoval of ," H stices: a. <nly by %?P*A"D?*)T. b. "annot be disbarred while they hold office. SECS5 @DB8 1=5 THE SUPREME COURT H!*%i#+ " &*s!s: 1. 2. *n banc# or Bivisions of 31 $1 or A.
C*s!s %!91i%!2 $ 6! '!*%2 !# 6*#&: 1. All cases involving constit tionality of aKan: a. Treaty b. %nternational or e7ec tive agreement or c. +aw. 2. All cases re5 ired to be heard en banc nder the ' les of "o rt: a. Appeals from Sandiganbayan# and b. (rom the "onstit tional "ommissions 3. All cases involving the constit tionality1 application or operation of a. Presidential decrees b. Proclamations c. <rders d. %nstr ctions e. <rdinances# and f. <ther reg lations. !. "ases heard by a division where re5 ired majority of 3 was not obtained. $. "ases where ," modifies or reverses a doctrine or principle of law laid down by the ," en banc or by a division. &. Administrative cases to discipline or dismiss j dges of lower co rts# and A. *lection contests for President and >ice8President.
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C*s!s '!*%2 6/ 2i-isi # 1. ? st be decided with the conc rrence of a majority of the members who too@ part in the deliberations and voted thereon. 2. ?ajority vote in a division sho ld be at least 3 members. P .!%s " $'! SC 1. ," has <'%3%)A+ j risdiction over a. "ases affecting ambassadors1 other p blic ministers and cons ls. )ote: This refers to foreign ambassadors1 etc.1 stationed in the Philippines. b. Petitions for certiorari1 prohibiton1 mandam s1 5 o warranto1 and habeas corp s. 2. ," has APP*++AT* j risdiction over final j dgments and orders in the following: i. ii. iii. iv. v. vi. vii. viii. i7. a. All cases involving the constit tionality or validity of any treaty international or e7ec tive agreement law presidential decree proclamation order instr ction ordinance1 or reg lation# b. All cases involving the legality of any i. ta7 ii. impost iii. assessment or iv. toll or v. any penalty imposed in relation thereto# c. All cases in which the j risdiction of any lower co rt is in iss e d. "riminal cases where the penalty imposed is recl sion perpet a or higher# and e. All cases where <)+= errors or 5 estions of law are involved. 3. Temporarily assign lower co rt j dges to other stations in the p blic interest. )ote: Temporary assignment shall not e7ceed & months witho t the consent of the j dge concerned. !. <rder a change of ven e or place of trial to avoid a miscarriage of j stice. $. Prom lgate r les concerning: a. The protection and enforcement of constit tional rights# b. Pleading1 practice and proced re in all co rts# c. Admission to the practice of law# d. The %ntegrated 4ar# and e. +egal assistance to the nderprivileged. +imitations on ' le ?a@ing Power a. %t sho ld provide a simplified and ine7pensive proced re for the speedy disposition of cases. b. %t sho ld be niform for all co rts of the same grade. c. %t sho ld not diminish1 increase1 or modify s bstantive rights.
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&. Appoint A++ officials and employees of the H diciary1 in accordance with "ivil ,ervice +aw. A. *7ercise administrative s pervision over A++ co rts and the personnel thereof. D!&isi #s " $'! S1(%!4! C 1%$: 1. 'eached in cons ltation before being assigned to a member for the writing of the opinion. 2. A certification to this effect m st be signed by the "hief H stice and attached to the record of the case and served pon the parties. 3. ?embers of the ," who too@ no part1 or who dissented or abstained m st state the reasons therefore. )ote: This proced re shall also be observed by all lower collegiate co rts -"A1 "TA1 and the Sandiganbayan0. GUDICIAL REVIEW D!"i#i$i # 1. H dicial 'eview is the power of the ," to declare a law1 treaty1 ordinance etc. nconstit tional. 2. +ower co rts may also e7ercise the power of j dicial review1 s bject to the appellate j risdiction of the ,". 3. <nly ," decisions are precedent1 and th s1 only ," decisions are binding on all. R!91isi$!s "ode: OA R S C RP
1. An A"TCA+ "A,* calling for the e7ercise of j dicial power 2. The 5 estion involved m st be R%P* (<' ABHCB%"AT%<)1 i.e. the government act m st have had an adverse effect on the person challenging it. 3. The person challenging the governmental act m st have PSTA)B%)3E1 i.e. a personal and s bstantial interest in the case s ch that he has s stained1 or will s stain1 direct inj ry as a res lt of its enforcement. !. The 5 estion of C nstit tionality m st be raised in the first instance1 or at the earliest opport nity. $. Resol tion of the iss e of constit tionality is navoidable or is the very lis mota. E""!&$ " * 2!&)*%*$i # " 1#& #s$i$1$i #*)i$/: 1. Prior to the declaration that a partic lar law is nconstit tional1 it is considered as an Poperative factE which at that time had to be complied with. 2. Th s1 vested rights may have been ac5 ired nder s ch law before it was declared nconstit tional. 3. These rights are not prej diced by the s bse5 ent declaration that the law is nconstit tional. SEC5 1@5 DECISIONS 1. Becisions ?C,T state clearly and distinctly the facts and the law on which it is based. 2. 'ef sal to give d e co rse to petitions for review and motions for reconsideration m st state the legal basis for s ch ref sal. 3. ?emorand m decisions1 where the appellate co rt adopts the findings of fact and law of the lower co rt1 are allowed as long as the decision adopted by reference is attached to the ?emorand m for easy reference. !. These r les only apply to co rts. They do not apply to 5 asi8j dicial or administrative bodies nor to military trib nals.
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ARTICLE IF THE CONSTITUTIONAL COMMISSIONS S!&$i # 15 C #s$i$1$i #*) C 44issi #s I#2!(!#2!#$ C #s$i$1$i #*) C 44issi #s: 10 "ivil ,ervice "ommission -","0 20 "ommission on *lections -"<?*+*"0 30 "ommission on A dit -"<A0 W'/ I#2!(!#2!#$H They perform vital f nctions of government. Their integrity is protected by the fact that they: 10 Are constit tionally created -,ec. 10 20 Dave independent powers of appointment -,ec. !0 30 *ach "ommission may prom lgate its own proced ral r les -,ec. &0 !0 (iscal a tonomy -,ec. $0 $0 ,alaries may not be diminished d ring their office -,ec. 30 &0 "ommissioners have a fi7ed term A0 "ommissioners are removable by impeachment only. S!&$i # 25 DISLUALIFICATIONS Dis,-alificatio.s/ ?embers cannot1 d ring their ten re: 10 Dold any other office or employment# 20 *ngage in the practice of any profession# 30 *ngage in the active management or control of any b siness1 which1 in any way1 may be affected by the f nctions of their office# and !0 4e financially interested1 direct or indirect1 in any contract1 franchise1 privilege granted by the government1 any of its s bdivisions1 agencies1 instr mentalities1 incl ding 3<""Ss and their s bsidiaries. &ote. The <mb dsman and his dep ties are s bject to the same 5 alifications. S!&$i # =5 SALARIES S*)*%i!s 10 ,alaries are fi7ed by law and shall not be decreased d ring their T*)C'*. 20 Becreases in salaries only affect those members appointed A(T*' increase. 30 %nc mbent members do not lose any salary. !0 %ncreases ta@e effect %??*B%AT*+=. S!&$i # B5 RULES OF PROCEDURE P% &!21%!s: 10 ' les: The "ommissions may prom lgate its own r les *) 4A)". 20 +imitation: %t shall not: a0 Biminish1 b0 %ncrease1 or c0 ?odify s bstantive rights.
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30 Power of ," a0. The ," may not1 nder Art. >%%% ,ec. $-$01 e7ercise the power to disapprove r les of Ospecial co rts and 5 asi8j dicial bodies.O b0. %n proceedings before the "ommissions1 the r les of the "ommission prevail. c0. %n proceedings before a co rt1 the ' les of "o rt prevail. d0. The ," may1 however1 in appropriate cases1 e7ercise HCB%"%A+ '*>%*W S!&$i # C5 DECISION MA:IN7>APPEAL D!&isi #DM*?i#+: 10 *ach commission shall decide matter or cases by a majority vote of all the members within &2 days from s bmission. "<?*+*" may sit en banc or in 2 divisions. *lection cases1 incl ding pre8proclamation controversies are decided in division1 with motions for reconsideration filed to the "<?*+*" en banc. The ," has held that a majority decision decided by a division of the "<?*+*" is a valid decision. 20 As "<++*3%A+ 4<B%*,1 each commission m st act as one1 and no one member can decide a case for the entire commission. -i.e. The "hairman cannot ratify a decision which wo ld otherwise have been void0. A((!*)s: 10 Becisions1 orders or r lings of the "<?*+*"K"<A may be bro ght on certiorari to the ," nder ' le &$. 20 Becisions1 orders or r ling of the "," sho ld be appealed to the "A nder ' le !3. E#" %&!4!#$: %t has been held that the "," can iss e a writ of e7ec tion to enforce j dgments which are final. THE CIVIL SERVICE COMMISSION S!&$i # 15 COMPOSITION>LUALIFICATIONS>TERM C 4( si$i #: 10 "hairman 20 "ommissioners 6 2 commissioners L1*)i"i&*$i #s: 10 )at ral8born citi9ens of the Philippines# 20 At least 3$ years old at the time of their appointments# 30 With proven capacity for p blic administration# and !0 )<T candidates for any elective position in the elections immediately preceding their appointment. $0 Appointees by the President to the "," need "ommission on Appointments -"A0 confirmation T!%4: 10 "hairman 8A years# "ommissioner1 8 $ yrs# "ommissioner2 8 3 yrs 20 +imitation: single term only1 no reappointment 30 Appointment to vacancy: only for ne7pired term of predecessor !0 )o temporary appointments1 or appointments in acting capacity.
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S!&$i # 25 S& (!: The "ivil ,ervice embraces all: A. 4. ". B. *. branches1 s bdivisions1 instr mentalities1 agencies of the government1 incl ding 3<""s with original charters. 1.OWith <riginal "harterO means that the 3<"" was created by special lawKby "ongress 2. %f incorporated nder the "orporation "ode1 it does not fall within the "ivil ,ervice1 and is not s bject to the "," j risdiction. 3. *ven if once government8controlled1 then becomes privati9ed1 ceases to fall nder ",". !. H risdiction is determined as of the time of filing the complaint. A(( i#$4!#$s $ &i-i) s!%-i&! s'*)) 6!: A. "ompetitive positions According to merit and fitness to be determined by competitive e7aminations1 as far as practicable e7cept to positions which are policy8determining1 primarily confidential1 or highly technical. 4. )on8competitive positions 10. )o need for competitive e7aminations. 20. 3 @inds a0 Policy8determining 8 b0 Primarily confidential 8 c0 Dighly technical 8 form late a method of action for the govSt more than ordinary confidence# close intimacy ins res freedom of interco rse witho t betrayals of personal tr st... re5 ires technical s@ill to a s perior degree.
". The T*,T to determine whether nonKcompetitive is the )at re of the responsibilities1 )<T the administrative or legislative description given to it. B. 4oth types of positions are entitled to sec rity of ten re. They only differ in the ?A))*' in which they are filled. *. Who may be appointed: 10. 'C+*: Whoever f lfills all the 5 alifications prescribed by law for a partic lar position may be appointed therein. 20. The "," cannot disapprove an appointment j st beca se another person is better 5 alified1 as long as the appointee is himself 5 alified. 30. The "," "A))<T add 5 alifications other than those provided by law. (. )e7t8%n8'an@ ' le While a person ne7t in ran@ is entitled to preferential consideration1 it does not follow that only he1 and no one else1 can be appointed. , ch person has no vested right to the position and the appointing a thority is not bo nd to appoint the person ne7t in ran@.
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T!#1%! (C)*ssi"i&*$i # " P si$i #s) C*%!!% S!%-i&! 1. *ntrance based on merit and fitness to be determined as far as practicable by competitive e7aminations or based on highly technical 5 alifications. 2. *ntitled to sec rity of ten re N #DC*%!!% S!%-i&! 1. *ntrance on bases <TD*' than s al tests of merit and fitness. 2. Ten re limited to: a0 Period specified by law1 b0 "otermino s with the appointing a thority or s bject to his pleas re1 or c0 +imited to the d ration of a partic lar project for which p rpose the employment was made.
3. With opport nity for advancement to higher career positions. S!&1%i$/ " T!#1%!: 10 <fficers or employees of the "ivil ,ervice cannot be removed or s spended *I"*PT for ca se provided by law. %t g arantees both proced ral and s bstantive d e process. 20 (or O+*3A+ "AC,*O 8 "a se is: a0. related to and affects the administration of office1 and b0. m st be s bstantial -directly affects the rights R interests of the p blic0 30 ,ec rity of ten re for )on8competitive positions a0. Primarily confidential officers and employees hold office only for so long as confidence in them remains. b0. %f there is 3*)C%)* loss of confidence1 there is no removal1 b t the e7piration of the term of office c0. )on8career service officers and employees do not enjoy sec rity of ten re. d0. Political appointees in the foreign service possess ten re cotermino s with that of the appointing a thority or s bject to his pleas re. !0 <ne m st be >A+%B+= APP<%)T*B to enjoy sec rity of ten re. Th s1 one who is not appointed by the proper appointing a thority does not ac5 ire sec rity of ten re. A6 )i$i # " O""i&! To be valid1 abolition m st be made: -a0 %n good faith# -good faith is pres med0 -b0 )ot for political or personal reasons# and -c0 )ot in violation of law. T!4( %*%/ !4() /!!s *%! & -!%!2 6/ $'! " )) .i#+ %1)!s: 10. )ot protected by sec rity of ten re 8 can be removed anytime even witho t ca se 20. %f they are separated1 this is considered an e7piration of his term. 30. 4CT: They can only be removed by the one who appointed them. !0. *ntitled only to s ch protection as may be provided by law. N ""i&!% % !4() /!! i# $'! Ci-i) S!%-i&! s'*)) !#+*+! i# *#/ !)!&$i #!!%i#+ % i# (*%$is*# ( )i$i&*) *&$i-i$/ 10 "annot solicit votes in favor of a partic lar candidate. 20 "annot give campaign contrib tions or distrib te campaign materials. 30 4CT: Allowed to e7press views on political iss es1 and to mention the names of the candidates whom he s pports.
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!0 Prohibition does not apply to department secretaries Ri+'$ $ %+*#i<!
The right to organi9e does )<T incl de the right to stri@e S!&$i #s BDC5 DISLUALIFICATIONS Dis91*)i"i&*$i #s 10 +osing candidates in any election a0. "annot be appointed to any office in the government or 3<""Ss or their s bsidiaries b0. Period of dis5 alification: <ne -10 year after s ch election. 20 *lective officials a0. )ot eligible for appointment or designation A)= "APA"%T= to A)= PC4+%" <((%"* or position d ring their ten re. b0. *I"*PT%<): ?ay hold e7 officio positions. *7amples: The >ice President may be appointed "abinet member "ongressman may sit in the H dicial and 4ar "o ncil c0. To be eligible to hold any other office1 the elected official m st first resign his office d0. *ven "ongress cannot1 by law1 a thori9e the appointment of an elective official. 30. Appointive officials a0. "annot hold any other office or employment in the government1 any s bdivision1 agency1 instr mentality1 incl ding 3<""Ss and their s bsidiaries. b0. *I"*PT%<): Cnless otherwise allowed by law1 or by the primary f nctions of his position. c0. This e7ception B<*, )<T APP+= to "abinet members1 and those officers mentioned in Art. >%%1 ,ec. 13. They are governed by the stricter prohibitions contained therein. S!&$i # E5 COMPENSATION 10 Prohibitions: applies to elected or appointed officers and employees "annot receive: A. Additional 8 4. Bo ble 8 an e7tra reward given for the same office i.e. bon s when an officer is given 2 sets of compensation for 2 different offices held conc rrently by 1 officer ". %ndirect "ompensation 20 *I"*PT%<): Cnless specifically a thori9ed by law A. O,P*"%(%"A++= ACTD<'%T*BO means a specific a thority partic larly directed to the officer or employee concerned. 4. 4CT: per diems and allowances given as '*%?4C',*?*)T for e7penses act ally inc rred are not prohibited 30 "annot accept any present1 emol ment1 office1 title of any @ind from foreign governments C)+*,, with the consent of "ongress. !0 Pensions and grat ities are )<T considered as additional1 do ble1 or indirect compensation.
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THE COMMISSION ON ELECTIONS S!&$i # 15 COMPOSITION>LUALIFICATIONS>TERM C 4( si$i #: (C) 10"hairman and 20"ommissioners -&0 L1*)i"i&*$i #s: 10 )at ral8born citi9ens of the Philippines# 20 At least 3$ years old at the time of appointment 30 Dolders of college degrees# and !0 )ot candidates for any elective position in the immediately preceding elections. $0 ?ajority of the "ommission1 incl ding the "hairman m st be: a0. ?embers of the Philippines 4ar b0. *ngaged in the practice of law for at least 12 years: Fany activity in or o t of co rt1 which re5 ires the application of law1 legal proced re1 @nowledge1 training and e7perience.G &0 Appointments s bject to "A approval T!%4: 10 "hairman 8A yrs# 3 ?embers 8 A yrs# 2 ?embers 8 $ yrs# 1 ?ember 8 3 yrs. 20 +%?%TAT%<): ,ingle term only: no reappointment allowed 30 Appointment to a vacancy: only for ne7pired portion of predecessorEs term !0 )o temporary appointments1 or appointments in acting capacity a0. Th s1 the President cannot designate an inc mbent commissioner as acting "hairman. b0. The choice of temporary chairman falls nder the "<?*+*"Es discretion. S!&$i # 25 POWERS AND FUNCTIONS P .!%s: 10 *nforce and administer all laws and reg lations relative to the cond ct of an election1 plebiscite1 initiative1 referend m1 and recall. -a0 *7: "<?*+*" can enjoin constr ction of p blic wor@s within !$ days of an election. 30 *7ercise: A. *7cl sive original j risdiction over all contests relating to the elections1 ret rns1 and 5 alifications of all elective 1. 'egional1 2. Provincial1 and 3. "ity officials 4. Appellate j risdiction over all contests involving: 1. *lective m nicipal officials decided by trial co rts of general j risdiction 2. *lective barangay officials decided by trial co rts of limited j risdiction. ". Becisions1 final orders1 or r lings of the "ommission on election contests involving elective m nicipal and barangay offices shall be final1 e7ec tory1 and not appealable. *7ception: Appealable to the ," on 5 estions of law.
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B. "ontempt powers 1. "<?*+*" can e7ercise this power only in relation to its adj dicatory or 5 asi8j dicial f nctions. %t "A))<T e7ercise this in connection with its p rely e7ec tive or ministerial f nctions. 2. %f it is a pre8proclamation controversy1 the "<?*+*" e7ercises 5 asi8 j dicialKadministrative powers. 3. %ts j risdiction over PcontestsE -after proclamation01 is in e7ercise of its j dicial f nctions. *. The "<?*+*" may iss e writs of certiorari1 prohibition and mandam s in e7ercise of its appellate j risdiction. This is not an inherent power. 30 Becide1 e7cept those involving the right to vote1 all 5 estions affecting elections1 incl ding determination of the n mber and location of polling places1 appointment of election officials and inspectors1 and registration of voters. &ote. J estions involving the right to vote fall within the j risdiction of the ordinary co rts. !0 Bep ti9e1 with the conc rrence of the President1 law enforcement agencies and instr mentalities of the 3overnment1 incl ding the Armed (orces of the Philippines1 for the e7cl sive p rpose of ens ring free1 orderly1 honest1 peacef l1 and credible elections. a0. This power is )<T limited to the election period. b0. Applies to both criminal and administrative cases. $0 'egistration of political parties1 organi9ations1 or coalitionsKaccreditation of citi9ensE arms of the "ommission on *lections. a0. The political parties etc. m st present their platform or program of government. b0. There sho ld be s fficient p blication c0. 3ro ps which cannot be registered: i. 'eligio s denominationsKsects ii. 3ro ps which see@ to achieve their goals thro gh violence or nlawf l means iii. 3ro ps which ref se to phold and adhere to the "onstit tion iv. 3ro ps which are s pported by any foreign government. d0. 4CT: Political parties with religio s affiliation or which derive their principles from religio s beliefs are registerable. e0. (inancial contrib tions from foreign governments and their agencies to political parties1 organi9ations1 coalitions1 or candidates related to elections constit te interference in national affairs. %f accepted1 it is an additional gro nd for the cancellation of their registration with the "ommission1 in addition to other penalties that may be prescribed by law. &0 (ile1 pon a verified complaint1 or on its own initiative1 petitions in co rt for incl sion of e7cl sion of voters# investigate and1 where appropriate1 prosec te cases of violations of election laws1 incl ding acts or omissions constit ting elections fra ds1 offenses and malpractices. A. "<?*+*" has e7cl sive j risdiction to investigate and prosec te cases for violations of election laws. 4. "<?*+*" can dep ti9e prosec tors for this p rpose. The actions of the prosec tors are the actions of the "<?*+*" ". Preliminary investigation cond cted by "<?*+*" is valid.
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A0 'ecommend to the "ongress effective meas res to minimi9e election spending1 incl ding limitation of places where propaganda materials shall be posted1 and to prevent and penali9e all forms of election fra ds1 offenses1 malpractices1 and n isance candidacies. .0 'ecommend to the President the removal of any officer or employee it has dep ti9ed1 or the imposition of any other disciplinary action1 for violation or disregard or1 or disobedience to its directive1 order1 or decision. /0 , bmit to the President and the congress a comprehensive report on the cond ct of each election1 plebiscite1 initiative1 referend m1 or recall. S!&$i # =5 RULES OF PROCEDURE>DECISIONDMA:IN7 R1)!s " P% &!21%! 10 "<?*+*" can sit en banc or in two divisions 20 %t has the power to prom lgate its own r les of proced re in order to e7pedite disposition of election cases1 incl ding pre8election controversies. D!&isi #DM*?i#+ 10 *lection cases sho ld be heard and decided in division. Provided that1 20 ?otions for reconsideration of decisions sho ld be decided by "<?*+*" en banc. 30 GBecisionsG mean resol tions on s bstantive iss es. !0 %f a division dismisses a case for fail re of co nsel to appear1 the ?otion for 'econsideration here may be heard by the division. $0 *I"*PT%<): "<?*+*" en banc may directly ass me j risdiction over a petition to correct manifest errors in the tallying of res lts by 4oard of "anvassers. S!&$i # @5 SUPERVISION>RE7ULATION OF FANCHISES > PERMITS > 7RANTS > SPECIAL PRIVILE7ES > CONCESSIONS R!+1)*$i # " "%*#&'is!s A. What can "<?*+*" s pervise or reg late 10. The enjoyment or tili9ation of all franchises or permits for the operation of transportation and other p blic tilities1 media of comm nication or information. 20. 3rants1 special privileges or concessions granted by the 3overnment or any s bdivision1 agency or instr mentality thereof1 incl ding any 3<"" or its s bsidiary 4. When can "<?*+*" e7ercise this power 10. B ring the election period a0. Cnder Article I%1 ,ection /1 the election period commences /2 days before the day of the election and ends 32 days thereafter. b0. %n special cases1 "<?*+*" can fi7 a period. 20. Applies not j st to elections b t also to plebiscites and referenda. 30. Plebiscite. , bmission of constit tional amendments or important legislative meas res to the people ratification !0. 'eferend m. power of the electorate to approve or reject legislation thro gh an election called for that p rpose.
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COMELEC *#2 $'! MEDIA 10. "<?*+*" cannot compel print media to donate free space to the "<?*+*". %t may1 however1 compel it to provide space after paying j st compensation. 20. Power of "<?*+*" is over franchises and permits1 )<T individ als. (or e7ample1 "<?*+*" may not reg late media practitioners1 for this wo ld violate the freedom of e7pression. S!&$i # A5 N (*%2 #8 *4#!s$/8 (*% )!8 % s1s(!#si # " s!#$!#&! " % -i )*$i # " !)!&$i # )*.s8 %1)!s8 *#2 %!+1)*$i #s s'*)) 6! +%*#$!2 6/ $'! P%!si2!#$ .i$' 1$ $'! "*- %*6)! %!& 44!#2*$i # " $'! C 44issi #5 S!&$i # B D!"i#i$i # " P )i$i&*) P*%$/ organi9ed gro p of persons p rs ing the same political ideals in a government and incl des its branches1 and divisions I4( %$*#&! " %!+is$%*$i # " * ( )i$i&*) (*%$/ 10 'egistration confers j ridical personality on the party. 20 %t informs the p blic of the partySs e7istence and ideals. 30 %t identifies the party and its officers for p rposes of reg lation by the "<?*+*". S!&$i # C5 N - $!s &*s$ i# "*- % " * ( )i$i&*) (*%$/8 %+*#i<*$i #8 % & *)i$i # s'*)) 6! -*)i28 !I&!($ " % $' s! %!+is$!%!2 1#2!% $'! (*%$/D)is$ s/s$!4 *s (% -i2!2 i# $'is C #s$i$1$i #5 P% 'i6i$i # # 6) &?D- $i#+ 10 3eneral r le: 4loc@ voting )<T allowed 20 *I"*PT%<): those registered nder the party8list system S!&$i # E5 PARTY LIST SYSTEM N Ri+'$ $ 6! R!(%!s!#$!2 i# V*%i 1s B *%2s Political parties1 organi9ations1 or coalitions registered system shall )<T be represented in the following: 10. >otersE registrations boards1 20. 4oards of election inspectors1 30. 4oards of canvassers1 or !0. <ther similar bodies. P )) W*$&'!%s Political parties1 etc. are entitled to appoint poll watchers in accordance with law. S!&$i # 105 B #* "i2! &*#2i2*$!s " % *#/ (16)i& ""i&! s'*)) 6! "%!! "% 4 *#/ " %4 " '*%*ss4!#$ *#2 2is&%i4i#*$i #5 This section does not give candidates imm nity from s it. Biscrimination incl des ne5 al treatment in the availment of media facilities. nder the party8list
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S!&$i # 115 FUNDIN7 H . (% -i2!2 10 ( nds certified by the "<?*+*" as necessary to defray the e7penses for holding reg lar and special elections1 plebiscites1 initiative1 referenda and recalls1 shall provided in the reg lar or special appropriations. 20 ( nds sho ld be certified by the "<?*+*" as necessary. R!)!*s! " "1#2s <nce approved1 f nds sho ld be released a tomatically pon certification by the "hairman of "<?*+*". THE COMMISSION ON AUDIT S!&$i # 15 COMPOSITION>LUALIFICATIONS C 4( si$i #: 10 "hairman1 and 20 "ommissioners -20. L1*)i"i&*$i #s: 10 )at ral8born citi9ens of the Philippines 20 At least 3& years old at the time of their appointment# 30 *ither: a0. "PAEs with at least 12 years a diting e7perience# or b0. ?embers of Phil. 4ar with 12 years of practice. !0 ?embers cannot all belong to the same profession. $0 , bject to confirmation of the "A. &0 ? st not have been candidates for any elective position in the elections immediately preceding their appointment. T!%4: 10 "hairman 8A yrs# "ommissioner1 8$yrs# "ommissioner 8 2 83 yrs. 20 +%?%TAT%<): 8 ,ingle terms only# no re8appointment allowed 30 Appointments to any vacancy shall only be for the ne7pired portion of predecessorEs term S!&$i # 25 POWERS 10 *7amine1 a dit1 and settle acco nts pertaining to: A. 'even e and receipts of f nds or property# or 4. *7pendit res and ses of f nds or property <wned or held in tr st by1 or pertain to: A. The 3overnment# 4. Any of its s bdivisions1 agencies or instr mentalities# ". %ncl ding 3<""Es with original charters. 20 "ond ct post8a dit with respect to the following: A. 4. ". B. "onstit tional bodies1 commissions1 and offices granted fiscal a tonomy# A tonomo s state colleges and niversities# 3<""Es and their s bsidiaries incorporated nder the "orporation "ode. )one8governmental entities receiving s bsidies or e5 ity1 directly or indirectly1 from or thro gh the government1 which are re5 ired by law of the granting of instit tion to s bmit to s ch a dit.
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30 %f "<A finds internal control system of a dited agencies as inade5 ate1 "<A may adopt meas res1 incl ding temporary or special pre8a dit1 as may be necessary. !0 Neep the general acco nts of the government1 preserving vo chers and other s pporting papers pertaining thereto. $0 *7cl sive a thority to define the scope of "<AEs a dit and e7amination and to establish the techni5 es and methods re5 ired therefor. &0 Prom lgate acco nting and a diting r les and reg lations. A. 4. &ote. 10 The f nctions of "<A can be classified as: A. 4. ". B. *7amine and a dit all forms of government reven es# *7amine and a dit all forms of govEt e7pendit res ,ettle govEt acco nts Prom lgate acco nting and a diting r les -incl ding those for the prevention of irreg larUe7pendit res. *. To decide administrative cases involving e7pendit res of p blic f nds. 20 "<A can settle only +%JC%BAT*B A""<C)T, or those acco nts which may be adj sted simply by arithmetic process. 30 "<A has a thority not j st over acco ntable officers b t also over other officers who perform f nctions related to acco nting s ch as verification of eval ations and comp tation of fees collectible1 and the adoption of internal r les of control. !0 "<A does not have the power to fi7 the amo nt of an nfi7ed or ndetermined debt. $0 Where the following re5 irements are complied with1 it becomes the ministerial d ty of the "<A to approve and pass in a dit vo chers for payment: A. There is a law appropriating f nds for a partic lar p rpose# 4. There is a contract1 made by the proper officer1 entered into in conformity with the above8mentioned law# ". The goods or services covered by s ch contract have been delivered or rendered in p rs ance to s ch contract1 as attested by the proper officer# and B. Payment has been a thori9ed by officials of the corresponding department or b rea . &0 Prosec tors may still review acco nts already settled and approved by "<A for the p rpose of determining possible criminal liability. This is beca se "<AEs interest in s ch acco nts is merely administrative. A0 "<A has the power to determine the meaning of Pp blic biddingE and what constit tes fail re when reg lations re5 ire p blic bidding for the sale of government property. S!&$i # =5 N )*. s'*)) 6! (*ss!2 !I!4($i#+ *#/ !#$i$/ " $'! 7 -!%#4!#$ % i$s s16si2i*%/ i# *#/ +1is! .'*$!-!%8 % *#/ i#-!s$4!#$ " (16)i& "1#2s8 "% 4 $'! 01%is2i&$i # " $'! C 44issi # # A12i$5 %ncl ding those for the prevention or disallowance of irreg lar1 nnecessary1 e7cessive1 e7travagant1 or nconscionable e7pendit res or ses of government f nds and properties. (ail re to comply with these r les can be a gro nd for disapproving the payment of a proposed e7pendit re.
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ARTICLE F: LOCAL 7OVERNMENT S!&$i # 15 TERRITORIAL>POLITICAL SUBDIVISIONS OF THE REPUBLIC OF THE PHILIPPINES ARE THE: C 4( si$i #: 10 20 30 !0 Provinces "ities# ? nicipalities# and 4arangays
T'!%! s'*)) 6! A1$ # 4 1s %!+i #s i#: 10 ? slim ?indanao1 and 20 "ordileras :At present1 it is only the "ordilera AB?%)%,T'AT%>* region; &ote: 10 A third a tonomo s regions wo ld re5 ire a consti tional amendment. 20 These political s bdivisions1 created by the "onstit tion cannot be replaced by A?*)B?*)T1 and not by law. 30 While "ongress can abolish or eradicate individ al nits1 it cannot abolish an entire class of +3CEs S!&$i # 25 L &*) A1$ # 4/ 10 All political s bdivisions shall enjoy local a tonomy 20 This does not mean that the +3CEs are completely free from the central government. A. H diciary may still pass on +3C actions 4. President may e7ercise disciplinary power over +3C officials. SEC5 =5 C #+%!ss s'*)) !#*&$ * ) &*) + -!%#4!#$ & 2! .'i&' s'*)) (% -i2! " % * 4 %! %!s( #si-! *#2 *&& 1#$*6)! ) &*) + -!%#4!#$ s$%1&$1%! i#s$i$1$!2 $'% 1+' * s/s$!4 " 2!&!#$%*)i<*$i # .i$' !""!&$i-! 4!&'*#is4s " %!&*))8 i#i$i*$i-!8 *#2 %!"!%!#2148 *)) &*$! *4 #+ $'! 2i""!%!#$ ) &*) + -!%#4!#$ 1#i$s $'!i% ( .!%s8 %!s( #si6i)i$i!s8 *#2 %!s 1%&!s8 *#2 (% -i2! " % $'! 91*)i"i&*$i #s8 !)!&$i #8 *(( i#$4!#$ *#2 %!4 -*)8 $!%48 s*)*%i!s8 ( .!%s *#2 "1#&$i #s *#2 21$i!s " ) &*) ""i&i*)s8 *#2 *)) $'!% 4*$$!%s %!)*$i#+ $ $'! %+*#i<*$i # *#2 (!%*$i # " $'! ) &*) 1#i$s5 S!&$i # @5 PRESIDENTIAL SUPERVISION OF L7US S1(!%-isi # " P%!si2!#$ 10 The President e7ercises general s pervision over all +3Cs 20 The President e7ercises B%'*"T s pervision over A. Provinces 4. A tonomo s regions and ". %ndependent cities. 30 This power is limited to ens ring that lower officers e7ercise their f nctions in accordance with law. !0 The president cannot s bstit te his j dgment for that of an +3C official nless the latter is acting contrary to law. $0 The President may1 however1 impose administrative sanctions against +3C officials1 s ch as s spension for 122 days1 and may even remove them from their posts1 in accordance with law. &0 Provinces e7ercise direct s pervision over component cities and m nicipalities.
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A0 "ities and m nicipalities e7ercise direct s pervision over component barangays. S!&$i # A5 EACH LOCAL 7OVERNMENT SHALL HAVE THE POWER TO CREATE OWN SOURCES OF REVENUE>LEVY TAFES8 FEES AND CHAR7ES ETC5 Li4i$*$i #s # P .!% 10 %t is s bject to s ch g idelines and limitations as "ongress may provide. ,ee +ocal 3overnment "ode for e7amples. 20 The g idelines set by "ongress sho ld be consistent with the basic policy of local a tonomy. A&&%1*) " $*I!s8 "!!s8 &'*%+!s The ta7es1 fees and charges shall accr e e7cl sively to the local governments. S!&$i # B5 L7Us SHALL HAVE A GUST SHARE IN NATIONAL TAFES8 AS DETERMINED BY LAW8 WHICH SHALL BE AUTOMATICALLY RELEASED TO THEM I#$!%#*) R!-!#1! A)) $4!#$ (IRA) 10 ,hare of +3Cs in national ta7es is limited to the internal reven e ta7es. 20 The share of each +3C sho ld be released1 witho t need of any f rther action1 directly to the provincial1 city1 m nicipal or barangay treas rer. 'elease is made on a 5 arterly basis within $ days after the end of each 5 arter. 30 The share of each +3C sho ld not be s bject to any lien or holdbac@ that may be imposed by the national government for whatever p rpose. !0 *ach +3C sho ld appropriate in its ann al b dget at least 22Q of its ann al %'A for development projects. $0 Adj stments in %'A A. 3ro nd: Cnmanageable p blic section deficit 4. President can ma@e the necessary adj stments in the %'A pon the recommendation of the following: 1. Bepartment of (inance ,ecretary 2. B%+3 ,ecretary 3. B4? ,ecretary &0 %'A considered for p rposes of conversion from one political s bdivision to the ne7t. -Alvare9 v. 3 ingona0 S!&$i # C5 SHARE OF L7US IN NATIONAL WEALTH S'*%! " L7Us i# #*$i #*) .!*)$' 10 +3Cs are entitled to an e5 itable share in the proceeds of the tili9ation and development of the national wealth within their respective areas in the manner provided by law. 20 This incl des share the same with the inhabitants by way of direct benefits. U#2!% $'! L7C 10 +3Cs have a share of !2Q of the gross collection derived by the national government from the preceding fiscal year from A. ?ining ta7es 4. 'oyalties ". (orestry and fishery charges B. <ther ta7es1 fees and charges *. ,hare in any co8prod ction1 joint vent re or prod ction sharing agreement in the tili9ation and development of the national wealth wKin their territorial j risdiction
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SEC5 E5 TERM OF OFFICE T!%4 " O""i&! *lective local officials1 now incl ding barangay officials have a term of 3 years. Li4i$*$i #s: 10 )o elective official shall serve for more than 3 consec tive terms 20 >ol ntary ren nciation of office for any length of time shall not be considered as an interr ption in the contin ity of his service for the f ll term for which he was elected. SEC5 J5 SECTORAL REPRESENTATION IN L7US L!+is)*$i-! 6 2i!s " $'! ) &*) + -!%#4!#$s s'*)) '*-! S!&$ %*) R!(%!s!#$*$i # (1#2!% $'! L7C) *s 4*/ 6! (% -i2!2 6/ )*. There sho ld be representatives from: 10 The womenEs sector 20 The wor@ers 30 Third sector -can choose from any of the following0 A0 Crban poor 40 %ndigeno s c lt ral comm nities "0 Bisabled persons B0 Any other sector as may be determined by the sangg nian E)!&$i # " S!&$ % R!(%!s!#$*$i-!s SEC5 105 C%!*$i #8 *6 )i$i # *#2 2i-isi # " L7UKs ;9 Re/uisites A. "ompliance with the re5 irements of the +ocal 3overnment "ode# and 4. Approved by a majority of the votes cast in a plebiscite held in the political nits B%'*"T+= affected. 20 Th s1 a province is s pposed to be divided into 2 separate provinces1 plebiscite will incl de voters of the *)T%'* province1 and not j st the area to comprise the new province. 30 +3" re5 irements relate to matters s ch as pop lation1 reven e1 and area re5 irements. S!&5 115 M!$% ( )i$*# ( )i$i&*) s162i-isi #s C%!*$i #: 10 "ongress may create special metropolitan political s bdivisions by law. 20 %t is s bject to a plebiscite G1%is2i&$i # " M!$% ( )i$*# *1$' %i$/ %t is limited to basic services re5 iring coordination. B*si& A1$ # 4/ " C 4( #!#$ Ci$i!s *#2 M1#i&i(*)i$i!s 10 The component cities and m nicipalities retain their basic a tonomy 20 They shall be entitled to their own local e7ec tive and legislative assemblies.
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SEC5 125 CITIES C)*ssi"i&*$i # " Ci$i!s: 10 Dighly rbani9ed -as determined by law0 20 "omponent cities -cities still nder provincial control0# and 30 %ndependent component cities -non8highly rbani9ed cities whose voters are prohibited by thecity charter from voting in provincial elections0 I#2!(!#2!#&! "% 4 $'! P% -i#&! 10 Dighly rbani9ed cities and independent component cities are independent of the province. 20 "omponent cities whose charter contain no s ch prohibition are still nder the control of the province and its voters may still vote for elective provincial officials. S!&$i # 1=5 C %2i#*$i # *4 #+ L7US %2i#*$i # " E"" %$s8 S!%-i&!s *#2 R!s 1%&!s
C #s )i2*$i # *#2 C
10 %t is optional on the part of +3Cs as shown by the se of the word FmayG 20 %t can be done for p rposes commonly beneficial to them in accordance with the law. U#2!% L7C (S!&$i # ==) 10 "onsolidation and coordination may be done thro gh appropriate ordinances. 20 A p blic hearing sho ld be cond cted and the approval of the sangg nian obtained. 30 An +3C can: A. "ontrib te f nds1 real estate1 e5 ipment and other @inds of property 4. AppointKassign personnel nder s ch terms and conditions as may be agreed pon by the participating +3Cs thro gh ?emoranda of Agreement. S!&$i # 1@5 RE7IONAL DEVELOPMENT COUNCILS W' &*# (% -i2! " % RDC The President shall provide for 'B" or other similar bodies composed of: C 4( si$i # 10 +ocal government officials 20 'egional heads of departments and other government offices 30 'epresentatives of )3<, within the regions F % P1%( s! " 10 Administrative decentrali9ation 20 To strengthen local a tonomy 30 To accelerate the economic and social growth and development of the nits in the region S!&$i # 1A5 AUTONOMOUS RE7IONS W'!%!: 10 ? slim ?indanao 20 "ordillera region
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F*&$ %s: 10 20 30 !0 Distorical heritage " lt ral heritage *conomic and social str ct res1 <ther relevant characteristics within: A. The framewor@ of the consitit tion 4. )ational sovereignty ". Territorial integrity.
C%!*$i #: 10 Provided by law. 20 *((*"T%>%T= of s ch creation occ rs only when it is approved by a majority of the votes cast in a plebiscite held among the constit ent nits. 30 <nly those Provinces1 "ities1 and 3eographical Areas voting favorably in s ch plebiscite shall form part of the a tonomo s region. !0 %f only 1 province approved the law1 )< ACT<)<?<C, '*3%<) created1 since the constit tion re5 ires more than one province to constit te one -li@e what happened in the "ordillera plebiscite0 $0 The 5 estion of which +3CEs shall constit te an a tonomo s region is one which is e7cl sively for "ongress to decide. S!&$i # 1B5 7ENERAL SUPERVISION OVER AUTONOMOUS RE7IONS B/ W' 4: The President P1%( s!: To ens re that the laws are faithf lly e7ec ted. SEC5 1C5 A)) ( .!%s8 "1#&$i #s *#2 %!s( #si6i)i$i!s # $ +%*#$!2 6/ $'is C #s$i$1$i # % 6/ )*. $ $'! *1$ # 4 1s %!+i # s'*)) 6! -!s$!2 i# $'! N*$i #*) 7 -!%#4!#$5 E-amples. 10 (oreign relations1 20 )ational defense and ,ec rity 30 ?onetary Affairs
S!&$i # 205 LE7ISLATIVE POWERS T'! O%+*#i& A&$ " A1$ # 4 1s R!+i # s'*)) (% -i2! " % )!+is)*$i-! ( .!%s -!%: 10 20 30 !0 $0 &0 A0 .0 /0 Administrative organi9ation# "reation of so rces of reven es# Ancestral domain and nat ral reso rces Personal1 family and property relations 'egional1 rban1 and r ral planning development# *conomic1 social1 and to rism development# *d cational policies# Preservation and development of the c lt ral heritage# and , ch other matters as may be a thori9ed by law for the promotion of the general welfare of the people of the region.
Li4i$*$i #s: 10 , bject to the provisions of the "onstit tion and national laws 20 To be e7ercised within its territorial j risdiction S!&$i # 215 PRESERVATION OF PEACE AND ORDER>DEFENSE AND SECURITY P!*&! *#2 O%2!% %t shall be the responsibility of the local police agencies.
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D!"!#s! *#2 S!&1%i$/ %t shall be the responsibility of the national government. ARTICLE FI: ACCOUNTABILITY OF PUBLIC OFFICERS S!&$i # 1: PUBLIC OFFICE AS A PUBLIC TRUST P16)i& ""i&!%s *#2 !4() /!!s 41s$ *$ *)) $i4!s 6! *&& 1#$*6)! $ $'! (! ()!8 s!%-! $'!4 .i$' 1$4 s$ %!s( #si6i)i$/8 i#$!+%i$/8 ) /*)$/ *#2 !""i&i!#&/8 *&$ .i$' (*$%i $is4 *#2 01s$i&! *#2 )!*2 4 2!s$ )i-!s5 S!&$i # 2: IMPEACHMENT>REMOVAL FROM OFFICE I4(!*&'4!#$: (*s 4!*#s " %!4 -*) "% 4 ""i&!) 15 W' 4*/ 6! i4(!*&'!2: President >P ," H stices "onstit tional "ommission members <mb dsman 25 7% 1#2s " lpable violation of the "onstit tion treason bribery graft and corr ption other high crimes or betrayal of p blic tr st )ote: %t is an e7cl sive list. "ongress cannot1 by law1 add to the list of impeachable offenses. 3. These officers cannot be charged in co rt with offenses that have removal from office as penalty. !. The President cannot be charged with m rder. $. A ," H stice cannot be disbarred beca se this wo ld dis5 alify him from his position. &. 4CT A(T*' an official has been impeached1 he can be charged with the appropriate offense. A. 'esignation by an impeachable official does not place him beyond the reach of impeachment proceedings# he can still be impeached. A)) O$'!% P16)i& O""i&!%s *#2 E4() /!!s 1. They may be removed from office as provided by law 2. 4CT: )<T by impeachment S!&$i # =: PROCEDURE FOR IMPEACHMENT EI&)1si-! P .!% " H 1s! " R!(%!s!#$*$i-!s The Do se of 'epresentatives has e7cl sive power to %)%T%AT* all cases of impeachment.
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P% &!21%!: 1. (illing of verified complaint a. "an be filed by: 1. Any member of the Do se of 'epresentatives or 2. Any citi9en pon a resol tion of endorsement by any ?ember of the Do se or 3. 4y at least 1K3 of all the ?embers of the Do se of 'epresentatives 2.0 3.0 !.0 %ncl sion of complaint in the order of b siness with 12 session days 'eferral to proper "ommittee within 3 session days thereafter , bmission of "ommittee report to the Do se together with corresponding resol tion a. There sho ld be a hearing b. There sho ld be a majority vote of the members c. The report sho ld be s bmitted within &2 days from referral1 after hearing1 and by a majority vote of A++ its members. $.0 &.0 "alendaring of resol tion for consideration by the Do se ,ho ld be done within 12 session days from receipt thereof >ote of at least 1K3 of all ?embers of the Do se necessary to: a. Affirm a favorable resol tion with the Articles of %mpeachment of the "ommittee or b. To override its contrary resol tion )ote: %f the verified complaint or resol tion of impeachment was filed by at least 1K3 of all the ?embers of the Do se1 it shall constit te the Articles of %mpeachment. Trial in the ,enate shall proceed. A.0 Trial in the ,enate A. ,enate has the sole power to try and decide all cases of impeachment 4. (or this p rpose1 the ,enators shall be nder oath or affirmation a. When the President of the Philippines is on trial1 the "H of the , preme "o rt presides. Dowever1 heKshe will not vote. ..0 H dgment of "onviction
This re5 ires the conc rrence of 2K3 of all the ?embers of the ,enate /.0 *ffect of the %mpeachment a. 'emoval from office of the official concerned b. Bis5 alification to hold any office nder the 'ep blic of the Philippines c. <fficer still liable to prosec tion1 trial1 and p nishment if the impeachable offense committed also constit tes a felony or crime. S!&$i # @: SANDI7ANBAYAN ,andiganbayan L the anti8graft co rt S!&$i #s ADB8 ED1@: OFFICE OF THE OMBUDSMAN C 4( si$i #: 1.0 2.0 3.0 !.0 <mb dsmanKTanodbayan <verall dep ty At least one Bep ty each for + 9on1 >isayas and ?indanao Bep ty for military establishment may be appointed
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L1*)i"i&*$i #s: (O4612s4*# *#2 'is 2!(1$i!s) 1.0 )at ral born citi9en of the Philippines 2.0 At least !2 years old at time of appointment 3.0 <f recogni9ed probity and independence !.0 ?ember of the Philippine bar $.0 ? st not have been candidate for any elective office in the immediately preceding election &.0 (or <mb dsman: De m st have been for ten years or more a. A j dge or b. *ngage in the practice of law in the Philippines Dis91*)i"i&*$i #s>P% 'i6i$i #s (1#2!% A%$i&)! IF8 S!&$i # 2) 1.0 "annot hold any other office or employment d ring his ten re 2.0 "annot engage in the practice of any profession or in the active management or control of any b siness which may be affected by the f nctions of his office 3.0 "annot be financially interested1 directly or indirectly1 in any contract with or in any franchise or privilege granted by the 3overnment1 any of its s bdivisions1 agencies or instr mentalities1 incl ding 3<""s or their s bsidiaries A(( i#$4!#$ 1. <f <mb dsman and dep ties a. 4y the president from a list of at least & nominees prepared by the H dicial and 4ar "o ncil. >acancies will be filled from a list of 3 nominees b. Appointments do )<T re5 ire confirmation c. All vacancies shall be filled within 3 months after they occ r. 2. <f other officials and employees of the <ffice of the <mb dsman d. 4y the <mb dsman e. %n accordance with "ivil ,ervice +aw T!%4: (O4612s4*# *#2 2!(1$i!s) 1. A years with reappointment 2. They are )<T 5 alified to r n for any office in the election immediately s cceeding their cessation from office R*#?>S*)*%i!s: 1. The <mb dsman has the ran@ of "hairman of a "onstit tional "ommission 2. The ?embers have the ran@ of members of a "onstit tional "ommission 3. Their salaries cannot be decreased d ring their term of office. P .!%s8 F1#&$i #s *#2 D1$i!s " $'! O""i&! " $'! O4612s4*# 1. %nvestigate on its own1 or on complaint by any person1 any act or omission of any p blic official1 employee1 office or agency1 when s ch act or omission appears to be illegal1 nj st1 improper1 or inefficient. a. The ," held that the power to investigate and prosec te cases involving p blic officers and employees has been transferred to the <mb dsman. b. The <mb dsman may always delegate his power to investigate. c. The power to investigate incl des the power to impose preventive s spension. d. This preventive s spension is not a penalty. e. F%)>*,T%3AT*G does not mean preliminary investigation. f. The complaint need not be drawn p in the s al form.
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g. The F%++*3A+G act or omission need not be in connection with the d ties of the p blic officer or employee concerned. h. A)= illegal act may be investigated by the <mb dsman. %n this regard1 the <mb dsmanEs j risdiction is "<)"C''*)T with that of the reg lar prosec tors. 2. Birect1 pon complaint or at its own instance1 any p blic official or employee of the government1 or any s bdivision1 agency or instr mentality thereof1 as well as of any government8owned or controlled corporation with original charter1 to perform and e7pedite any act of d ty re5 ired by law1 or to stop1 prevent1 and correct any ab se or impropriety in the performance of d ties. a. The <mb dsman has P*',CA,%>* P<W*'1 and may re5 ire that proper legal steps are ta@en by the officers concerned. b. The p blic official or employee m st be employed in: -%0. The 3overnment -%%0. Any s bdivision1 agency1 or instr mentality thereof# or -%%%0. 3<""Es with original charters c. The ," has held that the ,P may prosec te before the ,andiganbayan j dges acc sed of graft and corr ption1 even if they are nder the , preme "o rt. 3.0 Birect the officer concerned to ta@e the appropriate action against a p blic official or employee at fa lt1 and recommend his removal1 s spension1 demotion1 fine1 cens re1 or prosec tion1 and ens re compliance therewith. a. The <mb dsman does )<T himself prosec te cases against p blic officers or employees. b. (inal say to prosec te still rests in the e7ec tive department. c. The <mb dsman or Tanodbayan may se mandam s to compel the fiscal to prosec te. !.0 Birect the officer concerned1 in any appropriate case1 and s bject to s ch limitations as may be provided by law to f rnish it with copies of doc ments relating to contracts or transactions entered into by his office involving the disb rsement or se of p blic f nds of properties1 and report any irreg larity to "<A for appropriate action. $.0 'e5 est any government agency for assistance and information necessary in the discharge of its responsibilities1 and to e7amine1 if necessary1 pertinent records and doc ments. &.0 P blic matters covered by its investigation when circ mstances so warrant and with d e process A.0 Betermine the ca se of inefficiency1 red tape1 mismanagement1 fra d and corr ption in the government and ma@e recommendations for their elimination and the observance of high standards of ethics and efficiency ..0 Prom lgate its r les of proced re and e7ercise s ch other powers or perform s ch f nctions or d ties as may be provided by law &ote: The <ffice of the <mb dsman also has the d ty to act promptly on complaints filed in any form or manner against p blic officials or employees of the government1 or any s bdivision1 agency or instr mentality incl ding 3<""s and their s bsidiaries. %n appropriate cases1 it sho ld notify the complainants of the action ta@en and the res lt thereof. Fis&*) A1$ # 4/: The <ffice of the <mb dsman enjoys fiscal a tonomy. appropriations sho ld be a tomatically and reg larly released. %ts approved ann al
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S!&$i # C: OFFICE OF THE SPECIAL PROCECUTOR 1. Cnder the 1/.A "onstit tion1 the e7isting Tanodbayan became the <ffice of the ,pecial Prosec tor 2. Powers a. %t will contin e to f nction and e7ercise its powers as now or hereafter may be provided by law b. *7ception: Powers conferred on the <ffice of the <mb dsman 3. The <ffice of the ,pecial Prosec tor is s bordinate to and acts nder the orders of the <mb dsman &ote: According to Hac@1 the ," was wrong beca se the "on"om intended that the ,P was to prosec te anti8graft cases. S!&$i # 1A: RECOVERY OF ILLD7OTTEN WEALTH P%!s&%i($i #8 L*&'!s8 Es$ ((!) 1.0 The right of the ,tate to recover properties nlawf lly ac5 ired by p blic officials and employees from them or from their nominees or transferees shall )<T be barred by prescription1 laches or estoppel. 2.0 Their right to prosec te criminally these officials and employees may prescribe. S!&$i # 1B: PROHIBITION ON CERTAIN FINANCIAL TRANSACTIONS C -!%*+!: This prohibition applies to: 1.0 2.0 3.0 !.0 $.0 &.0 A.0 ..0 President >ice8President ?embers of the "abinet ?embers of "ongress ?embers of , preme "o rt ?embers of "onstit tional "ommissions <mb dsman Any firm or entity in which they have controlling interest
W'!# (% 'i6i$i # *(()i!s: Prohibition applies d ring their T*)C'*. S& (! " (% 'i6i$i #: 1.0 The above mentioned officials cannot obtain1 directly or indirectly for 4C,%)*,, PC'P<,*,: a. +oans b. 3 arantees c. <ther forms of financial accommodation (rom: 1. 3overnment owned or controlled ban@s# or 2. 3overnment owned or controlled financial instit tions. 2.0 %f the loan1 etc1 is )<T for b siness p rpose1 e.g. a ho sing loan1 the prohibition does not apply.
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S!&$i # 1C: S$*$!4!#$s " *ss!$s8 )i*6i)i$i!s *#2 #!$ . %$' W'!# s164i$$!2: P blic officer and employee shall s bmit a declaration nder oath of his assets1 liabilities and net worth pon ass mption of office and as often as re5 ired nder the law. W'!# 2!&)*%*$i # s'*)) 6! 2is&) s!2 $ $'! (16)i&: These declarations shall be disclosed to the p blic in a manner provided by law in the case of: 1.0 2.0 3.0 !.0 $.0 &.0 A.0 ..0 President >ice8President ?embers of the "abinet ?embers of "ongress H stices of the , preme "o rt ?embers of "onstit tional "ommissions <ther constit tional offices <fficers of the armed forces with general or flag ran@
S!&$i # 1E: A))!+i*#&! " (16)i& ""i&!%s *#2 !4() /!!s llegiance to the State and to the Constitution Change in Citi5enship0$mmigrant Status 1.0 %nc mbent p blic officers and employees who see@ either: a. "hange his citi9enship# or b. Ac5 ire immigrant stat s in another co ntry ,hall be dealt with by law. 2.0 %f Philippine citi9enship is one of the 5 alifications to the office1 the loss of s ch citi9enship means the loss of the office by the inc mbent. 3.0 The *lection "ode provides the r les with respect to non8inc mbents1 i.e. persons r nning for elective offices. a. The "ode provides that permanent residents of or immigrant to a foreign co ntry cannot file certificates of candidacy nless they e7pressly waive their stat s as s ch This ren nciation m st be some other than1 and prior to1 the filling of the certificate of candidacy. ARTICLE FII NATIONAL ECONOMY AND PATRIMONY SEC5 15 7OALS OF THE NATIONAL ECONOMY T'%!!D" )2 + *): 1. ?ore e5 itable distrib tion of opport nities1 income and wealth# 2. , stained increase in the amo nt of goods and services prod ced by the nation for the benefit of the people# and 3. *7panding prod ctivity1 as the @ey to raising the 5 ality of life for all. T'! S$*$! s'*)) (% 4 $! i#21s$%i*)i<*$i # *#2 "1)) !4() /4!#$ 1. %t sho ld be based on so nd agric lt ral development and agrarian reform 2. %t sho ld be thro gh ind stries that ma@e f ll and efficient se of h man and nat ral reso rces. %nd stries sho ld also be competitive in both domestic and foreign mar@ets.
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P% $!&$i # " Fi)i(i# !#$!%(%is!s The ,tate shall protect (ilipino enterprises against trade practices. nfair foreign competition and
R )! " P%i-*$! E#$!%(%is!s Private enterprises1 incl ding corporations1 cooperatives1 and similar collective organi9ations1 shall be enco raged to broaden the base of their ownership. S!&$i # 25 RE7ALIAN DOCTRINE Dis$i#&$i # 6!$.!!# I4(!%i14 *#2 D 4i#i14 1. %mperi m 3overnment a thority possessed by the ,tate which is appropriately embraced in sovereignty. 2. Bomini m a. The capacity of the ,tate to own and ac5 ire property. b. %t refers to lands held by the government in a proprietary character: can provide for the e7ploitation and se of lands and other nat ral reso rces. S& (!: The following are owned by the ,tate: 1. +ands of the p blic domain: Waters ?inerals1 coals1 petrole m1 and other mineral oils# All so rces of potential energy# (isheries# (orests or timber# Wildlife# (lora and fa na# and <ther nat ral reso rces. A)i!#*$i # " N*$1%*) R!s 1%&!s 1. 3eneral ' le: All nat ral reso rces "A))<T be alienated 2. *7ception: Agric lt ral lands EI() %*$i #8 D!-!) (4!#$ *#2 U$i)i<*$i # " N*$1%*) R!s 1%&!s 1. ,hall be nder the f ll control and s pervision of the ,tate 2. ?eans A. The state may B%'*"T+= C)B*'TAN* s ch activities 4. The state may enter into "<8P'<BC"T%<)1 H<%)T >*)TC'* <' P'<BC"T%<)8,DA'%)3 arrangements with 1. (ilipino citi9en or 2. "orporation or association at least &2Q of whose capital is owned by s ch citi9ens 3. +imitations: A. Period: %t sho ld not e7ceed 2$ years1 renewable for not more than 2$ years 4. Cnder terms and conditions as may be provided by law. !. %n case of water rightsKwater s pplyKfisheriesKind strial ses other than the development of water power The beneficial se may be the meas re and limit of the grant.
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S4*))Ds&*)! U$i)i<*$i # " N*$1%*) R!s 1%&!s 1. "ongress may1 by law1 a thori9e small8scale tili9ation of nat ral reso rces by (ilipino citi9ens 2. "ongress may also a thori9e cooperative fish farming with priority given to s bsistence fishermen and fishwor@ers in the rivers1 la@es1 bays and lagoons. L*%+!DS&*)! EI() %*$i #8 D!-!) (4!#$ *#2 U$i)i<*$i # " Mi#!%*)s>P!$% )!14>O$'!% Mi#!%*) Oi)s 1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large8scale e7ploration etc. of minerals1 petrole m1 and other mineral oils. These agreements sho ld be in accordance with the general terms and conditions provided by law. 2. They sho ld be based on the real contrib tions to economic growth and general welfare of the co ntry. 3. %n the agreements1 the ,tate sho ld promote the development and se of local scientific and technical reso rces. !. The President sho ld notify "ongress of every contract nder this provision within 32 days from its e7ec tion. $. ?anagement and service contracts are not allowed nder this r le. P% $!&$i # " M*%i#! W!*)$' 1. The ,tate shall protect its marine wealth in its Archipelagic waters Territorial sea R **T 2. The ,tate shall reserve its se and enjoyment e7cl sively to (ilipino citi9ens. S!&$i # =5 LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO 1. 2. 3. !. Agric lt ral (orestKtimber ?ineral lands R )ational Par@s
&ote. 1. "lassification of p blic lands is an e7cl sive prerogative of the *7ec tive Bepartment thro gh the <ffice of the President1 pon recommendation by the B*)'. 2. "lassification is descriptive of the legal nat re of the land and )<T what it loo@s li@e. Th s1 the fact that forest land is den ded does not mean it is no longer forest land. A)i!#*6)! )*#2s " (16)i& 2 4*i# 1. <nly agric lt ral lands are alienable. 2. Agric lt ral lands may be f rther classified by law according to the ses to which they may be devoted. Li4i$*$i #s %!+*%2i#+ A)i!#*6)! L*#2s " $'! P16)i& D 4*i# 1. (or private corporations or associations A. They can only hold alienable lands of the p blic domain 4= +*A,* 4. Period: "annot e7ceed 2$ years1 renewable for not more than 2$ years ". Area: +ease cannot e7ceed 11222 hectares
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&ote. A corporation sole is treated li@e other private corporations for the p rpose of ac5 iring p blic lands. 2. (or (ilipino citi9ens A. "an lease p to $22 hectares 4. "an A"JC%'* not more than 12 hectares by p rchase1 homestead or grant Ta@ing into acco nt the re5 irements of conservation1 ecology and development1 and s bject to the re5 irements of agrarian reform1 "ongress shall determine by law the si9e of the lands of the p blic domain which may be ac5 ired1 developed1 held or lease and the conditions therefore. M!*#s 6/ W'i&' L*#2s " $'! P16)i& D 4*i# B!& 4! P%i-*$! L*#2 1. Ac5 ired from government by p rchase or grant# 2. Cninterr pted possession by the occ pant and his predecessors8in8interest since time immemorial# and 3. <pen1 e7cl sive1 and ndisp ted possession of A+%*)A4+* -agric lt ral0 p blic land for a period of 32 years. A. Cpon completion of the re5 isite period1 the land becomes private property ipso j re witho t need of any j dicial or other sanction. 4. Dere1 in possession since time immemorial1 pres mption is that the land was never part of p blic domain. ". %n comp ting 32 years1 start from when land was converted to alienable land1 not when it was still forest land B. Pres mption is that land belongs to the ,tate. S!&$i # @5 C #+%!ss s'*))8 *s s # *s ( ssi6)!8 2!$!%4i#! 6/ )*.8 $'! s(!&i"i& )i4i$s " " %!s$ )*#2s *#2 #*$i #*) (*%?s8 4*%?i#+ &)!*%)/ $'!i% 6 1#2*%i!s # $'! +% 1#25 T'!%!*"$!%8 s1&' " %!s$ )*#2s *#2 #*$i #*) (*%?s s'*)) 6! & #s!%-!2 *#2 4*/ # $ 6! i#&%!*s!2 % 2i4i#is'!28 EFCEPT 6/ )*.5 C #+%!ss s'*)) (% -i2! 4!*s1%!s $ (% 'i6i$ ) ++i#+ i# *5 E#2*#+!%!2 " %!s$ *#2 65 W*$!%s'!2 *%!*s " % s1&' (!%i 2 *s i$ 4*/ 2!$!%4i#!5 S!&$i # A5 ANCESTRAL LANDS P% $!&$i # " I#2i+!# 1s C1)$1%*) C 441#i$i!s 1. The ,tate protects the rights of indigeno s c lt ral comm nities to their ancestral lands A. , bject to "onstit tional provisions 4. , bject to national development policies and programs 2. %n determining ownership and e7tent of ancestral domain1 "ongress may c stomary laws on property rights and relations. se
3. FA)"*,T'A+ B<?A%)G A. %t refers to lands which are considered as pertaining to a c lt ral region 4. This incl des lands not yet occ pied1 s ch as deep forests. S!&$i # C5 PRIVATE LANDS 7!#!%*) %1)! 1. Private lands "A) only be transferred or conveyed to: A. (ilipino citi9ens 4. "orporations or associations incorporated in the Philippines1 at least &2Q of whose capital is owned by (ilipino citi9ens
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2. *7ceptions A. %n intestate s ccession1 where an alien heir of a (ilipino is the transferee of private land. 4. A nat ral born citi9en of the Philippines who has lost his Philippine citi9enship may be a transferee of P'%>AT* A+)B1 s bject to limitation provided by law. Dence1 land can be sed only for residential p rposes. %n this case1 he only ac5 ires derivative title. ". (oreign states may ac5 ire land b t only for embassy and staff residence p rposes. 3. (ilipino citi9enship is only re5 ired at the time the land is ac5 ired. Th s1 loss of citi9enship after ac5 iring the land does not deprive ownership. !. 'estriction against aliens only applies to ac5 isition of ownership. Therefore: A. Aliens may be lessees or s fr ct aries of private lands 4. Aliens may be mortgages of land1 as long as they do not obtain possession thereof and do not bid in the foreclos re sale. $. +and ten re is not indispensable to the free e7ercise of religio s profession and worship. A religio s corporation controlled by non8(ilipinos cannot ac5 ire and own land1 even for religio s p rposes. R!4!2i!s $ %!& -!% (%i-*$! )*#2s "% 4 2is91*)i"i!2 *)i!#s: 1. *scheat proceedings 2. Action for reversion nder the P blic +and Act 3. An action by the former (ilipino owner to recover the land A. The former pari delicto principle has been abandoned 4. Alien still has the title -didnEt pass it on to one who is 5 alified0 S!&$i # 105 NATIONAL ECONOMY AND PATRIMONY>INVESTMENTS P .!% " C #+%!ss 1. "ongress1 pon the recommendation of )*BA1 can reserve to (ilipino citi9ens or to corporations or associations at least &2Q of whose capital is owned by s ch citi9ens1 or s ch higher percentage as "ongress may prescribe1 certain areas of investment. This may be done when the national interest dictates. 2. "ongress shall also enact meas res to enco rage the formation and operation of enterprises whose capital is wholly owned by (ilipinos. N*$i #*) E& # 4/ *#2 P*$%i4 #/ %n the grant of rights1 privileges and concessions covering the national economy and patrimony1 the ,tate shall give preference to JCA+%(%*B (ilipinos. S!&$i # 115 FRANCHISES FOR PUBLIC UTILITIES P .!% $ +%*#$: 1. "ongress may directly grant a legislative franchise# or 2. Power to grant franchises may be delegated to appropriate reg latory agencies andKor +3CEs P16)i& 1$i)i$/ 1. %n order to be considered as a p blic tility1 and th s s bject to this provision1 the nderta@ing m st involve dealing directly with the p blic. 2. Th s1 a 4 ild8<perate8Transfer grantee is )<T a p blic tility. The 4<T grantee merely constr cts the tility1 and it leases the same to the government. %t is the government which operates the p blic tility -operation separate from ownership0.
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T .' 4 +%*#$!2: 1. (ilipino citi9ens or 2. "orporations or associations incorporated in the Philippines and at least &2Q of the capital is owned by (ilipino citi9ens. T!%4s *#2 & #2i$i #s: 1. B ration: )ot more than $2 years 2. (ranchise is )<T e7cl sive in character 3. (ranchise is granted nder the condition that it is s bject to amendment1 alteration1 or repeal by "ongress when the common good so re5 ires. P*%$i&i(*$i # " F %!i+# I#-!s$ %s 1. The participation of foreign investors in the governing body of any p blic tility enterprise shall be limited to their proportionate share in its capital. 2. (oreigners cannot be appointed as the e7ec tive and managing officers beca se these positions are reserved for (ilipino citi9ens. S!&$i # 1B5 FORMATION>OR7ANIMATION>RE7ULATION OF CORPORATIONS ;* Private corporations "ongress can only provide for the formation1 etc of private corporations thro gh a general law. :* G"CC3s They may be created by: a. ,pecial charters in the interest of the common good and s bject to the test of economic viability. b. 4y incorporation nder the general corporation law. S!&$i #s 1ED1J5 SPECIAL ECONOMIC POWERS OF THE 7OVERNMENT 1. Temporary ta@eover or direction of operations: A. "onditions i. )ational emergency and ii. When the p blic interest re5 ires 4. ?ay be sed against privately owned p blic tilities or b sinesses affected with p blic interest. ". B ration of the ta@eover: period of emergency B. Ta@eover is s bject to reasonable terms and conditions *. )o need for j st compensation beca se it is only temporary. 2. )ationali9ation of vital ind stries: A. *7ercised in the interest of national welfare or defense 4. %nvolves either: i. *stablishment and operation of vital ind stries# or ii. Transfer to p blic ownership1 pon payment of j st compensation1 p blic tilities and other private enterprises to be operated by the government. S!&$i # 1J5 MONOPOLIES 1. The "onstit tion does )<T prohibit the e7istence of monopolies. 2. The ,tate may either reg late or prohibit monopolies1 when p blic interest so re5 ires. 3. "ombinations in restraint of trade or nfair competition are prohibited.
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Fi)i(i# &i$i<!#s'i( % !91i$/ %!91i%!4!#$s: A"T%>%T= '*JC%'*?*)T, *7ploitation of nat ral reso rces "%T%T*),D%P A)BK<' *JC%T= 1. (ilipino citi9ens# or 2. "orporations incorporated in 'P1 with &2Q (ilipino ownership 1. (ilipino citi9ens# or 2. "orporations incorporated in 'P1 with &2Q (ilipino ownership
<peration of P blic Ctilities
Ac5 isition of alienable lands of the p blic domain 1. (ilipino citi9ens# 2. "orporations incorporated in 'P1 with &2Q (ilipino ownership# 3. (ormer nat ral8born citi9ens of 'P1 as transferees1 with certain legal restrictions# and !. Alien heirs as transferees in case of intestate s ccession. Practice of A++ Professions ?ass ?edia (ilipino citi9ens only -nat ral persons0 V"ongress may1 by law1 otherwise prescribe 1. (ilipino citi9ens# or 2. "orporations incorporated in 'P1 and 122Q (ilipino owned 1. (ilipino citi9ens# or 2. "orporations incorporated in 'P1 and A2Q (ilipino owned. 1. (ilipino citi9ens# or 2. "orporations incorporated in 'P1 with &2Q (ilipino ownership E<CEPT. ,chools established by religio s gro ps and mission boards. V"ongress may1 by law1 increase (ilipino e5 ity re5 irements for A++ ed cational instit tions. "ongress may1 by law1 reserve to (ilipino citi9ens or to corporations &2Q (ilipino owned -or even higher0 certain investment areas.
Advertising
*d cational instit tion
<ther economic activities
ARTICLE FIII SOCIAL GUSTICE AND HUMAN RI7HTS S &i*) G1s$i&! 10 ,ocial j stice in the "onstit tion is principally the embodiment of the principle that those who have less in life sho ld have more in law. 20 The 1/.A "onstit tion advances beyond what was in previo s "onstit tions in that it see@s not only economic social j stice b t also political social j stice. Pri.cipal activities i. order to achieve social 0-stice 10 "reation of more economic opport nities and more wealth# and 20 "loser reg lation of the ac5 isition1 ownership1 se and disposition of property in order to achieve a more e5 itable distrib tion of wealth and political power.
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L*6 % ,ection 3 of Article I%%% elaborates on the provision in Article %% by specifying who are protected by the "onstit tion1 what rights are g aranteed1 and what positive meas res the state sho ld ta@e in order to enhance the welfare of labor. &i1ht to or1a.i2e a.d to hold peacef-l co.certed activities The right to organi9e is given to all @inds of wor@ers 4<TD in the P'%>AT* and PC4+%" sectors. The wor@ers have a right to hold peacef l concerted activities e7cept the right to stri@e1 which is s bject to limitation by law. &i1ht to participate i. the decisio. ma3i.1 process of emplo4ers The wor@ers have the right to participate on matters affecting their rights and benefits1 Fas may be provided by lawG. This participation can be thro gh 10 20 30 !0 collective bargaining agreements1 grievance machineries1 vol ntary modes of settling disp tes1 and conciliation proceedings mediated by government.
A+%*%i*# R!" %4 7 *)s: Agrarian reform m st aim at 10 efficient prod ction1 20 a more e5 itable distrib tion of land which recogni9es the right of farmers and reg lar farmwor@ers who are landless to own the land they till1 and 30 a j st share of other or seasonal farmwor@ers in the fr its of the land. CARL *s *# !I!%&is! " ( )i&! ( .!% *#2 ( .!% " !4i#!#$ 2 4*i# To the e7tent that the law prescribes retention limits for landowners1 there is an e7ercise of police power. 4 t where it becomes necessary to deprive owners of their land in e7cess of the ma7im m allowed there is compensable ta@ing and therefore the e7ercise of eminent domain. R!*&' " *+%*%i*# %!" %4 %t e7tends not only to private agric lt ral lands1 b t also to Fother nat ral reso rces1G even incl ding the se and enjoyment of Fcomm nal marine and fishing reso rcesG and Foffshore fishing gro ndsG. T'! C 44issi # # H14*# Ri+'$s C 4( si$i #: 10 "hairman# and 20 ! members L1*)i"i&*$i #s: 10 20 30 !0 $0 )at ral8born citi9ens of the Philippines# ?ajority of the "ommission m st be members of the Philippine 4ar# Term of office1 other 5 alifications and disabilities shall be provided by law# The appointment of the "D' members is )<T s bject to "A confirmation# and The "D' is not of the same level as the "<?*+*"1 ","1 or "<A.
.A
P .!%s: 10 %nvestigate all forms of h man rights violations involving civil or political rights A. >iolations may be committed by p blic officers or by civilians or rebels. 4. "D' cannot investigate violations of social rights. ". "D' has )< adj dicatory powers over cases involving h man rights violations. B. They cannot investigate cases where no rights are violated. *. *7ample: There is no right to occ py government land1 i.e. s5 at thereon. Therefore1 eviction therefrom is )<T a h man rights violation. 20 Adopt operational g idelines and r les of proced re. 30 "ite for contempt for violations of its r les1 in accordance with the ' les of "o rt. !0 Provide appropriate legal meas res for the protection of the h man rights of all persons1 within the Philippines1 as well as (ilipinos residing abroad1 and provide for preventive meas res and legal aid services to the nderprivileged whose h man rights have been violated or need protection. A. "D' can initiate co rt proceedings on behalf of victims of h man rights violations. 4. They can recommend the prosec tion of h man rights violators1 b t it cannot itself prosec te these cases. ". 4CT: The "D' cannot iss e restraining orders or inj nctions against alleged h man rights violators. These m st be obtained from the reg lar co rts. $0 *7ercise visitorial powers over jails1 prisons and other detention facilities. &0 *stablish contin ing programs for research1 ed cation and information in order to enhance respect for the primacy of h man rights. A0 'ecommend to "ongress effective meas res to promote h man rights and to provide compensation to victims of h man rights violations or their families. .0 ?onitor compliance by the government with international treaty obligations on h man rights. /0 3rant imm nity from prosec tion to any person whose testimony or whose possession of doc ments or other evidence is necessary or convenient to determine the tr th in any "D' investigation. 120 'e5 est assistance from any department1 b rea 1 office1 or agency in the performance of its f nctions. 110 Appoint its officers and employers in accordance with law. 120 Perform s ch other f nctions and d ties as may be provided for by law. ARTICLE FIV D EDUCATION8 SCIENCE AND TECHNOLO7Y8 ARTS8 CULTURE8 AND SPORTS EDUCATION 7 *)s " $'! S$*$!: The ,tate shall promote and protect: 10 The right to 5 ality ed cation at all levels# 20 The right to affordable and accessible ed cation# and 30 *d cation that is relevant to the needs of people and society. Ri+'$ $ E21&*$i # *#2 A&*2!4i& F%!!2 4 The right to ed cation m st be read in conj nction with the academic freedom of schools to re5 ire Ffair1 reasonable1 and e5 itable admission re5 irements.G P .!% $ Dis4iss S$12!#$s 10 ,chools have the power to dismiss st dents1 after d e process1 for disciplinary reasons. 20 Acts committed o tside the school may also be a gro nd for disciplinary action if: a0 %t involves violations of school policies connected to school8sponsored activities# or b0 The miscond ct affects the st dentEs stat s1 or the good name or rep tation of the school.
..
R!+1)*$i # " Ri+'$ $ E21&*$i # The right to ed cation in partic lar fields may be reg lated by the ,tate in the e7ercise of its police power1 e*g* the ,tate may limit the right to enter medical school by re5 iring the applicants to ta@e the )?AT. F%!! E21&*$i # 10 The ,tate shall maintain a system of free ed cation in: a0 *lementary level1 and b0 Digh school level. 20 *lementary ed cation is comp lsory for all children of school age. Dowever1 this is a moral rather than a legal comp lsion. E21&*$i #*) I#s$i$1$i #s %. (ilipini9ation A. <wnership: 10. (ilipino citi9ens1 or 20. "orporations incorporated in 'P and &2Q (ilipino8owned. *I"*PT: ,chools established by religio s gro ps and mission boards. 30. "ongress may increase (ilipino e5 ity re5 irements in A++ ed cational instit tions. 4. "ontrol and Administration: 10. ? st be vested in (ilipino citi9ens 20. 'efers to line positions1 s ch as President1 Bean1 Principal1 and Tr stees 30. (ac lty members may be foreigners. ". ,t dent Pop lation: 10. 3*)*'A+ 'C+*: "annot establish school e7cl sively for aliens. Aliens can only comprise p to 1K3 of total enrollment. 20. *I"*PT%<),: ,chools established for foreign diplomatic personnel and their dependents1 and nless otherwise provided for by law for other foreign temporary residents. %%. Ta7 *7emptions A. )on8stoc@1 non8profit ed cational instit tions: 10 All reven es and assets act ally1 directly and e7cl sively sed for ed cational p rposes are e7empt from ta7es and d ties. 20 This is self8e7ec tory. 4. Proprietary ed cational instit tions1 incl ding cooperatives: 10 *ntitled to e7emptions as may be provided by law1 incl ding restrictions on dividends and re8investment 20 'e5 ires an enabling stat te 30 3rants1 endowments1 donations and contrib tions act ally1 directly and e7cl sively sed for ed cational p rposes are e7empt from ta7es1 s bject to conditions prescribed by law. %%%. Academic (reedom A. *d cational %nstit tions ,chools have the freedom to determine: 10 Who may teach1 20 What may be ta ght1 30 Dow it shall be ta ght1 and !0 Who may be admitted to st dy.
./
4. (ac lty members 10 ( ll freedom in research and in the p blication of the res lts1 s bject to the ade5 ate performance of their other academic d ties. 20 (reedom in the classroom in disc ssing their s bjects1 b t they sho ld be caref l not to introd ce into their teaching controversial matter which has no relation to their s bjects. 30 When fac lty members spea@ or write in their capacity as citi9ens1 then they are free from instit tional censorship or discipline. ". ,t dents They have the right to enjoy in school the g arantees of the 4ill of 'ights. B. +imitations 10 Bominant police power of the ,tate 20 ,ocial interest of the comm nity *. 4 dgetary Priority: 10. *d cation m st be assigned the highest b dgetary priority. 20. 4CT: This command is not absol te. "ongress is free to determine what sho ld be given b dgetary priority in order to enable it to respond to the imperatives of national interest and for the attainment of other state policies or objectives. R!)i+i 1s E21&*$i # i# P16)i& S&' )s:
'eligion may be ta ght in p blic schools s bject to the following re5 isites: 10 *7press written option by parents and g ardians# 20 Ta ght within reg lar class ho rs# 30 %nstr ctors are designated and approved by the proper religio s a thorities# and !0 W%TD<CT ABB%T%<)A+ "<,T T< TD* 3<>*')?*)T. S!&$i # B5 L*#+1*+! 10 )ational lang age: (ilipino 20 <fficial +ang ages: (ilipino1 and nless otherwise provided by law1 *nglish. 30 'egional lang ages are a 7iliary to the official lang ages. ! -,panish and Arabic are promoted only on an optional and vol ntary basis. ARTICLE FVI D 7ENERAL PROVISIONS S!&$i #s 1D25 S/46 )s " N*$i #*)i$/ 10 (lag 'ed1 white1 and bl e. With a s n and 3 stars The design may be changed by constit tional amendment. 20 "ongress may1 by law1 adopt a new: -a0 )ame for the co ntry1 -b0 )ational anthem1 or -c0 )ational seal. )ote: +aw will ta@e effect '*(*'*)BC?. pon ratification by the people in a )AT%<)A+
/2
S!&$i # =5 S$*$! I441#i$/ S1*6i)i$/ " S$*$! 10 The ,tate cannot be s ed witho t its consent. 20 When considered a s it against the ,tate a0. The 'ep blic is s ed by name# b0. , its against an n8incorporated government agency# c0. , it is against a government official1 b t is s ch that ltimate liability shall devolve on the government i. When a p blic officer acts in bad faith1 or beyond the scope of his a thority1 he can be held personally liable for damages. ii. 4CT: %f he acted p rs ant to his official d ties1 witho t malice1 negligence1 or bad faith1 they are not personally liable1 and the s it is really one against the ,tate. 30 This r le applies not only in favor of the Philippines b t also in favor of foreign states. !0 The r le li@ewise prohibits a person from filing for interpleader1 with the ,tate as one of the defendants being compelled to interplead. C #s!#$ $ 6! s1!2 A. *7press consent: 10. The law e7pressly grants the a thority to s e the ,tate or any of its agencies. 20. *7amples: a0. A law creating a government body e7pressly providing that s ch body Fmay s e or be s ed.G b0. Art. 21.2 of the "ivil "ode1 which creates liability against the ,tate when it acts thro gh a special agent. 4. %mplied consent: 10. The ,tate enters into a private contract. a0. The contract m st be entered into by the proper officer and within the scope of his a thority. b0. C)+*,,: The contract is merely incidental to the performance of a governmental f nction. 20. The ,tate enters into an operation that is essentially a b siness operation. a0. C)+*,,: The operation is incidental to the performance of a governmental f nction -e.g. arrastre services0 b0. Th s1 when the ,tate cond cts b siness operations thro gh a 3<""1 the latter can generally be s ed1 even if its charter contains no e7press Fs e or be s edG cla se. 30. , it against an incorporated government agency. a0 This is beca se they generally cond ct propriety b siness operations and have charters which grant them a separate j ridical personality. !0. The ,tate files s it against a private party. C)+*,,: The s it is entered into only to resist a claim. 7*%#is'4!#$ " + -!%#4!#$ "1#2s: 10 3*)*'A+ 'C+*: )<. Whether the money is deposited by way of general or special deposit1 they remain government f nds and are not s bject to garnishment. 20 *I"*PT%<): A law or ordinance has been enacted appropriating a specific amo nt to pay a valid government obligation1 then the money can be garnished.
/1
C #s!#$ $ 6! s1!2 is # $ !91i-*)!#$ $ & #s!#$ $ )i*6i)i$/: 10 The (act that the ,tate consented to being s ed does not mean that the ,tate will ltimately be held liable. 20 *ven if the case is decided against the ,tate1 an award cannot be satisfied by writs of e7ec tion or garnishment against p blic f nds. 'eason: )o money shall be paid o t of the p blic treas ry nless p rs ant to an appropriation made by law. S!&$i # @5 THE ARMED FORCES OF THE PHILIPPINES C 4( si$i #: A citi9en armed force P% 'i6i$i #s *#2 2is91*)i"i&*$i #s: 10 ?ilitary men cannot engage1 directly or indirectly1 in any partisan political activity1 e7cept to vote. 20 ?embers of the A(P in active service cannot be appointed to a civilian position in the government1 incl ding 3<""s or their s bsidiaries. T'! C'i!" " S$*"": 10 To r of d ty: )ot e7ceed to three years 20 *I"*PT%<): %n times of war or other national emergency as declared by "ongress1 the President may e7tend s ch to r of d ty. ARTICLE FVIID AMENDMENTS OR REVISIONS D!"i#i$i #s: 10 Amendment: an alteration of one or a few specific provisions of the "onstit tion. %ts main p rpose is to improve specific provisions of the "onstit tion. The changes bro ght abo t by amendments will not affect the other provisions of the "onstit tion. 20 'evision: An e7amination of the entire "onstit tion to determine how and to what e7tent it sho ld be altered. A revision implies s bstantive change1 affecting the "onstit tion as a whole. C #s$i$1!#$ ( .!% -5 L!+is)*$i-! ( .!%
10 Constituent power is the power to form late a "onstit tion or to propose

amendments to or revisions of the "onstit tion and to ratify s ch proposal. Legislative power is the power to pass1 repeal or amend or ordinary laws or stat tes -as opposed to organic law0. 20 Constituent power is e7ercised by "ongress -by special constit tional conferment01 by a "onstit tional "onvention or "ommission1 by the people thro gh initiative and referend m1 and ltimately by sovereign electorate1 whereas legislative power is an ordinary power of "ongress and of the people1 also thro gh initiative and referend m. 30 The e7ercise of constituent power does not need the approval of the "hief *7ec tive1 whereas the e7ercise of legislative power ordinarily needs the approval of the "hief *7ec tive1 e7cept when done by people thro gh initiative and referend m. T'%!! (=) s$!(s #!&!ss*%/ $ +i-! !""!&$ $ *4!#24!#$s *#2 %!-isi #s: 10 Proposal of amendments or revisions by the proper constit ent assembly# 20 , bmission of the proposed amendments or revisions# and 30 'atification.
/2
P% ( s*) " *4!#24!#$s: Amendments may be proposed by: A. "ongress1 acting as a constit ent assembly1 by a 3K! vote of all its members. The power of "ongress to propose amendments is )<T part of its ordinary legislative power. The only reason "ongress can e7ercise s ch power is that the "onstit tion has granted it s ch power. 4. "onstit tional "onvention: 10 Dow a "onstit tional "onvention may be called a0. "ongress may call a "on"on by a 2K3 vote of all its members# or b0. 4y a majority vote of all its members1 "ongress may s bmit to the electorate the 5 estion of whether to call a "on"on or not. 20 "hoice of which constit ent assembly -either "ongress or "on"on0 sho ld initiate amendments and revisions is left to the discretion of "ongress. %n other words1 it is a political 5 estion. 30 4CT: The manner of calling a "on"on is s bject to j dicial review1 beca se the "onstit tion has provided for vote re5 irements. !0 %f "ongress1 acting as a constit ent assembly1 calls for a "on"on b t does not provide the details for the calling of s ch "on"on1 "ongress 8 e7ercising its ordinary legislative power 8 may s pply s ch details. 4 t in so doing1 "ongress -as legislat re0 sho ld not transgress the resol tion of "ongress acting as a constit ent assemble. $0 "ongress1 as a constit ent assembly and the "on"on have no power to appropriate money for their e7penses. ?oney may be spent from the treas ry only to p rs ant to an appropriation made by law. ". PeopleEs %nitiative 10 Petition to propose s ch amendments m st be signed be at least 12Q of A++ registered voters. 20 *very legislative district represented by at least 3Q of the registered voters therein. 30 Limitation. %t cannot be e7ercised oftener than once every $ years. &ote. 10 While the s bstance of the proposals made by each type of constit ent assembly is not s bject to j dicial review1 the manner the proposals are made is s bject to j dicial review. 20 ,ince these constit ent assemblies owe their e7istence to the "onstit tion1 the co rts may determine whether the assembly has acted in accordance with the "onstit tion. 30 *7amples of j sticiable iss es: a0 Whether a proposal was approved by the re5 ired n mber of votes in "ongress -acting as a constit ent assembly0. b0 Whether the approved proposals were properly s bmitted to the people for ratification. P% ( s*) " R!-isi #s 10 4y "ongress1 pon a vote of 3K! of its members 20 4y a constit tional convention
/3
R*$i"i&*$i # 10 Amendments and revisions proposed by "ongress andKor by a "on"on: a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite. b0 Plebiscite is held not earlier than &2 days nor later than /2 days from the approval of s ch amendments or revisions. 20 Amendments proposed by the people via initiative: a0 >alid when ratified by a ?AH<'%T= of votes cast in a plebiscite. b0 Plebiscite is held not earlier than &2 days nor later than /2 days after the certification by "<?*+*" of the petitionSs s fficiency. 30 'e5 isites of a valid ratification: a0 Deld in a plebiscite cond cted nder the election law# b0 , pervised by the "<?*+*"# and c0 Where only franchised voters -registered0 voters ta@e part. !0 %ss es regarding ratification: a0 The "onstit tion does not re5 ire that amendments and revisions be s bmitted to the people in a special election. Th s1 they may be s bmitted for ratification sim ltaneo sly with a general election. b0 The determination of the conditions nder which proposed amendmentsKrevisions are s bmitted to the people falls within the legislative sphere. That "ongress co ld have done better does not ma@e the steps ta@en nconstit tional. c0 All the proposed amendmentsKrevisions made by the constit ent assemblies m st be s bmitted for ratification in one single plebiscite. There cannot be a piece8meal ratification of amendmentsKrevisions. d0 Presidential proclamation is )<T re5 ired for effectivity of amendmentsKrevisions1 C)+*,, the proposed amendmentsKrevisions so provide. ARTICLE FVIII D TRANSITORY PROVISIONS E""!&$i-i$/ " $'! 1JEC C #s$i$1$i # The 1/.A "onstit tion too@ effect immediately pon its ratification. According to the ,"1 this too@ place on (ebr ary 21 1/.A1 which was the day the people cast their votes ratifying the "onstit tion. Mi)i$*%/ 6*s!s *+%!!4!#$s 10 'enewals of military bases agreements m st be thro gh a strict treaty. 20 'atification of the agreement in a plebiscite is necessary only when "ongress so re5 ires. 30 ,ection 2$ of Article I>%%% allows possible local deployment of only A?*'%"A) forces.

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1

D!"i#i$i # " ,P! ()!3

3. According to the Principle of !T"#L$%$T T$"&:

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

1. 'e facto proper

2. 3overnment of paramount force

3. That established as an independent government by the inhabitants of a co ntry who

1. Procedural due process 6 refers to the mode of proced re which government

2. Substantive due process 6 prohibition against arbitrary laws.

R!91isi$!s " PROCEDURAL 21! (% &!ss: F % GUDICIAL (% &!!2i#+s: CODE: C G N O H

2. G risdiction m st be lawf lly ac5 ired over the person of the

1. The st dent m st be informed in .riting of the nat re and ca se of

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

1. When administrative agencies are e7ercising their /uasi#legislative

1. The $&TERESTS of the p blic generally1 as disting ished from those of a

2. "lear and Present Banger Test

3. 4alancing of %nterests Test

A. 4 $R C"%%E&T 8!*S* Rule9* These are statements of <P%)%<)1 not of fact1

4. "P$&$"&S* With respect to p blic personalities -politicians1 actors1 anyone with

A. Test for obscenity -?iller v. "alifornia0

1. The # #D!s$*6)is'4!#$ &)*1s! does not depend

" (!%s # 1#2!% i#-!s$i+*$i # " % $'! C 44issi #

E""!&$ " 2is4iss*) 6*s!2 s(!!2/ $%i*)

H . 4*/ #! %!*&91i%! &i$i<!#s'i(: 1. 4y direct act of "ongress 2. 4y nat rali9ation 3. 4y repatriation

B ring his term of office.

B ring his term of office.

SEC5 1A: RE7ULAR AND SPECIAL SESSIONS R!+1)*% S!ssi #s:

<peration of P blic Ctilities

*d cational instit tion

<ther economic activities

10 Constituent power is the power to form late a "onstit tion or to propose

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

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

A. 4 $R C"%%E&T 8!S Rule9* These are statements of <P%)%<)1 not of fact1

1. The # #D!s$6)is'4!#$ &)1s! does not depend

E""!&$ " 2is4iss) 6s!2 s(!!2/ $%i*)

H . 4/ #! %!&91i%! &i$i<!#s'i(: 1. 4y direct act of "ongress 2. 4y nat rali9ation 3. 4y repatriation