Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !

!""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 1 of -.

////+0at are t0e re)uisites for 1u$icial in)uiry2 A3 1. there must be an actual case or controversy4 2. the question of constitutionality must be raised by the ro er arty4 3. the constitutional question must be raised at t0e earliest o ortunity4 and 4. the decision of the constitutional question must be necessary to t0e $etermination of the case itself 56umlao vs7 CO8ELEC9 S:3 ;ive e<am les of non-self e<ecuting rovisions of t0e Constitution7 A3 By its very nature, Article II of the Constitution is a declaration of principles and state policies. hese principles in !rticle "" are not intended to be self#e$ecutin% principles ready for enforcement throu%h the courts. hey are used by the &udiciary as aids or as %uides in the e$ercise of its po'er of &udicial revie', and by the le%islature in its enactment of la's. !s held in the leadin% case of ,ilos'ayan vs7 8orato, the principles and state policies enumerated in !rticle "" and some sections of !rticle ("" are not self#e$ecutin% provisions, the disre%ard of 'hich can %ive rise to a cause of action in courts. hey do not embody &udicially enforceable constitutional ri%hts but %uidelines for le%islation. ) =ana$a vs7 Angara 5->>?9 ////S:3 +0at is t0e enrolle$ 'ill $octrine2 A3 *nder the enrolled bill doctrine, the si%nin% of a bill by the +pea,er of the -ouse and the .resident of the +enate and the certification by the secretaries of both -ouses of Con%ress that it 'as passed on date stated thereon are conclusive of its due enactment. See t0e case of Arroyo vs7 6e Venecia @8en$o&aA 7 #B #"C :nA ////S:3 ;ive t0e t0ree 5#9 reasons w0y violation of t0e notice re)uirement in termination cases 5La'or cases9 cannot 'e consi$ere$ a $enial of t0e $ue rocess clause resulting in t0e nullity of t0e em loyeeDs $ismissal or layoff7 A3 Eirst, due process clause of the Constitution is a limitation on %overnmental po'er. "t does not apply to the e$ercise of private po'er, such as the termination of employment under the /abor Code. Secon$, notice and hearin% are required under the 0ue .rocess Clause before the po'er of or%ani1ed society are brou%ht to bear upon the individual 'hich is 23 the case of termination of employment under !rt. 243, /abor Code. "n termination cases, the employee is not faced 'ith an aspect of the adversary system. he purpose for requirin% a 35#day 'ritten notice before an employee is laid off is not to afford him an opportunity to be heard on any char%e a%ainst him, for there is none. he purpose rather is to %ive him time to prepare for the eventual loss of his &ob and the 03/6 the opportunity to determine 'hether economic causes do e$ist &ustifyin% the termination of his employment. =0ir$, is that the employer cannot really be e$pected to be entirely an impartial &ud%e of his o'n cause. )Serrano vs7 Isetann 6e artment Store 5!"""9 8EF6OGA9 S:3 6istinguis0 $ual citi&ens0i from $ual allegiance7 A3 0ual citi1enship arises 'hen, as a result of the concurrent application of the different la's of t'o or more states, a person is simultaneously considered a national by the said states. 7or instance, such a situation may arise 'hen a person 'hose parents are citi1ens of a state 'hich adheres to the principle of jus sanguinis is born in a state 'hich follo's the doctrine of jus soli. +uch a person, ipso facto and 'ithout any voluntary act on his part, is concurrently a citi1en of both states. 0ual alle%iance, on the other hand, refers to a situation in 'hich a person simultaneously o'es, by some positive act, loyalty to t'o or more states. 8hile dual citi1enship is involuntary,

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 2 of -.
dual alle%iance is the result of an individual9s volition. ) 8erca$o vs7 8an&ano @->>>A 8EF6OGA9

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 3 of -.
//// S:3 Fame si< 5C9 rovisions w0ic0 insure t0e rig0ts of tri'al Eili inos to reserve t0eir way of life7 5cultural communitiesHin$igenous eo les9 A3 Art7 II% Sec7 !! the +tate reco%ni1es and promotes the ri%hts of indi%enous cultural communities 'ithin the frame'or, of national unity and development. Art7 III% Sec7 . the +tate sub&ect to the provisions of this Constitution and national development policies and pro%rams shall protect the ri%hts of indi%enous cultural communities to their ancestral lands to ensure their economic, social and cultural 'ell#bein%. he Con%ress may provide for the applicability of customary la's %overnin% property ri%hts or relations in determinin% the o'nership and e$tent of the ancestral domains. Art7 IIII% Sec7 C the +tate shall apply the principles of !%rarian :eform $$$ in the disposition or utili1ation of other natural resources, includin% lands of the public domain under lease or concession suitable to a%riculture, sub&ect to prior ri%hts, homestead ri%hts of small settlers, and the ri%hts of indi%enous communities to their ancestral lands. Art7 IIV% Sec7 -? the +tate shall reco%ni1e, respect and protect the ri%hts of indi%enous cultural communities to preserve and develop their cultures, traditions and institutions. "t shall consider these ri%hts in the formulation of national plans and policies. Art7 IIII% Sec7 - the Con%ress shall %ive the hi%hest priority to the enactment of measures that protect and enhance the ri%ht of all the people to human di%nity, reduce social, economic and political irre%ularities and remove cultural inequalities by equitably diffusin% 'ealth and political po'er for the common %ood. Art7 IVI% Sec7 -! the Con%ress may create a consultative body to advise the president on policies affectin% indi%enous cultural communities, the ma&ority of the members of 'hich shall come from such communities. )Cru& vs7 Secretary of 6EF*% !"""9 S:3 State t0e various mo$es of% an$ ste s in% revising or amen$ing t0e P0ili Constitution7 !; here are three )3< modes of amendin% the Constitution; ine

Eirst mo$e = !rticle (>""", +ection 1 # Con%ress )sittin% as a Constituent Bo$y< may by ? votes of all its members propose any amendment to or revision of the Constitution. *nder +ection 4, !rticle (>"", to be valid, any amendment to or revision of the Constitution must be ratifie$ by a ma&ority of the votes C!+ in a plebiscite. Secon$ mo$e = !rticle (>"", +ection 3 # a constitutional convention may propose any amendment to or revision of the Constitution. Con%ress may by 2@3 vote of !// of its members call a constitutional convention or by a ma&ority vote of !// its members submit the question callin% such convention to the electorate. *nder +ection 4, !rticle (>"", to be valid, any amendment to or revision of the Constitution must be ratifie$ by a ma&ority of the votes C!+ in a plebiscite. =0ir$ mo$e !rticle (>"", +ection 2 = the people may directly propose amendments to the Constitution throu%h initiative u on a etition of at least -!J of t0e total num'er of registere$ voters% of w0ic0 every legislative $istrict must be represented by at least #J of t0e registere$ voters therein.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 4 of -.
*nder +ection 4, !rticle (>"", to be valid, any amendment to or revision of the Constitution must be ratifie$ by a ma&ority of the votes C!+ in a plebiscite. Fote; "n +antia%o vs. C3A6/6C, +C ruled that the constitutional provision on the ri%ht of the people to propose !A620A62 + to the Constitution throu%h people9s initiative is 23 self# e$ecutin%. he ri%ht of the people to directly propose amendments to the Constitution throu%h the system of initiative 'ould remain entombed in the cold niche of the Constitution until Con%ress provides for its implementation. S:3 A3 +0at are t0e t0ree 5#9 systems of initiative2 1. Initiative on t0e Constitution 'hich refers to a petition proposin% amendments to the Constitution. 2. Initiative on statutes 'hich refers to the petition proposin% to enact a national le%islationB and 3. Initiative on local legislation 'hich refers to a petition proposin% to enact la's of local application. State t0e 'asic olicies of t0e State on arts an$ culture7 1. 7oster the preservation, enrichment and dynamic evolution of a 7ilipino national culture = )Article IIV% Sec7 -K9 2. !rts and letters shall en1oy t0e atronage of the +tate. he +tate shall conserve, promote, and populari1e the nation9s historical and cultural herita%e and resources, as 'ell as artistic creations 5Section -.% Art7 IIV9 3. +tate shall reco%ni1e, respect and protect the ri%hts of indi%enous cultural communities to reserve an$ $evelo their cultures, traditions and institutions. 5Sec7 -?% Art7 IIV9 4. +tate shall ensure e)ual access to cultural o ortunities t0roug0 educational system, public or private cultural entities, scholarships, %rants and other incentives. 5Sec7 -B@-A% Art7 IIV9

S:3 A3

S:3 State t0e Constitutional olicies or guarantees on e$ucation !; -7 +tate shall protect and promote the ri%ht of all citi1ens to )uality e$ucation at all levels and shall ta,e appropriate steps to ma,e such education accessi'le to all. )Art7 IIV% Sec7 -9 2. establish, maintain and support a complete, adequate and integrate$ system of e$ucation relevant to the needs of the peopleB 3. establish and maintain a system of free u'lic e$ucation in the elementary and hi%h school levels. 8ithout limitin% the natural ri%ht of parents to rear their children, elementary education is compulsory for all children of school a%eB 4. establish and maintain a system of sc0olars0i grants% stu$ent loan rograms% su'si$ies and other incentives 'hich shall be available in both public and private schools, especially to the underprivile%edB C. encoura%e non-formal% informal an$ in$igenous learning systems% as well as selflearning% in$e en$ent an$ out-of-sc0ool yout0 stu$y rograms particularly those that respond to the community needsB and D. provide adult citi1ens, the disabled, and out#of#school youth 'ith training in civics% vocational efficiency an$ ot0er s(ills7 5Sec7 !% Art7 IIV9

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age C of -.
S:3 State t0e constitutional rovision concerning rotection to la'or7 A3 +tate shall afford full protection to labor, local and overseas, or%ani1ed and unor%ani1ed, and promote full employment and equality of employment opportunities for all. "t shall %uarantee the ri%hts of the 'or,ers to self#or%ani1ation, collective bar%ainin% and ne%otiations, and peaceful concerted activities, includin% the ri%ht to stri,e in accordance 'ith la'. hey shall be entitled to security of tenure, humane conditions of 'or,, and a livin% 'a%e. hey shall also participate in the policy and decision#ma,in% processes affectin% their ri%hts and benefits as may be provided by la'. he +tate shall promote the principles of shared responsibility bet'een 'or,ers and employers and the preferential use of voluntary modes in settlin% disputes, includin% conciliation, and shall enforce their mutual compliance there'ith to foster industrial peace. 5Sec7 #% Art7 IIII9 S:3 State t0e constitutional rovisions on social 1ustice7 A3 1. Con%ress shall %ive the hi%hest priority to the enactment of measures that protect and enhance the ri%ht of all the people to human di%nity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusin% 'ealth and political po'er for the common %ood. o this end, the +tate shall re%ulate the acquisition, o'nership, use and disposition of property and its increments. 5Sec7 -% Art7 IIII9 2. .romotion of social &ustice shall include the commitment to create economic opportunities based on freedom of initiative and self#reliance. 5Sec7 !% Art7 IIII9 3. 4. +tate shall promote social &ustice in all phases of national development 5Sec7 -"% Art7 II9 +tate shall %uarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by la'. 5Sec7 !C% Art7 II9

S:3 State t0e rovisions of t0e Constitution t0at manifest economic rotectionism of t0e P0ili ines7 A3 1. Certain areas of investments shall be reserved by Con%ress to citi1ens of the .hilippines or to corporations or associations at least D5E of 'hose capital or hi%her is o'ned by 7ilipinos 5Sec7 -"% Art7 III9 2. Con%ress shall enact measures that 'ill encoura%e the formation and operation of enterprises 'hose capital is 'holly#o'ned by 7ilipinos. 3. .reference shall be %iven to qualified 7ilipinos in the %rant of ri%hts, privile%es and concessions coverin% the national economy and patrimony. 4. :e%ulation and e$ercise of authority of the +tate over forei%n investments 'ithin the .hilippines and in accordance 'ith the national %oals and priorities.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age D of -.
C. he franchises, certificates or any other form of authori1ation for the operation of public utilities shall be %ranted only to citi1ens of the .hilippines or to corporations at least D5E of 'hose capital is o'ned by 7ilipinos. 5Sec7 --% Art7 III9 D. .romotion of preferential use of 7ilipino labor, domestic materials and locally produced %oods, and adoption of measures that help ma,e them competitive. 5Sec7 -!% Art7 III9 F. 3'nership and mana%ement of mass media shall be limited to citi1ens of the .hilippines, or to corporations, cooperatives or associations, 'holly#o'ned and mana%ed by such citi1ens. 5Sec7 -- @-A% Art7 IVI9 4. 3nly 7ilipino citi1ens, corporations or associations at least F5E of the capital of 'hich is o'ned by such citi1ens shall be allo'ed to en%a%e in the advertisin% industry. 5Sec7 --@!A% Art7 IVI9 S:3 A3 State t0e goals of t0e national economy as rovi$e$ for in t0e Constitution7 1. ! more equitable distribution of opportunities, income and 'ealthB 2. +ustained increase in the amount of %oods and services produced by the nation for the benefit of the peopleB and 3. !n e$pandin% productivity as the ,ey to raisin% the quality of life of all, especially, the underprivile%ed. S:3 State t0e Constitutional rovisions on women7 A3 Art7 II% Sec7 -! he +tate shall equally protect the life of the mother and the life of the unborn from conception. Art7 II% Sec7 -K he +tate reco%ni1es the role of the 'omen in nation buildin%, and shall ensure the fundamental equality before the la' of 'omen and men. Art7 IIII% Sec7 -K he +tate shall protect 'or,in% 'omen by providin% safe and healthful 'or,in% conditions, ta,in% into account their maternal functions, and such facilities and opportunities that 'ill enhance their 'elfare and enable them to reali1e their full potential in the services of the nation. S:3 State t0e Constitutional rovisions on trans arency in matters of u'lic interest A3 Art7 II% Sec7 !B +ub&ect to reasonable conditions prescribed by la', the +tate adopts and implements a policy of full public disclosure of all its transactions involvin% public interest. Art7 III% Sec7 ? he ri%ht of the people to information on matters of public concern shall be reco%ni1ed. !ccess to official records, and to documents, and papers pertainin% to official acts, transactions, or decisions, as 'ell as to %overnment research data used as basis for policy development, shall be afforded the citi1en, sub&ect to such limitation as may be provided by la'. Art7 VI% Sec7 !" he records and boo,s of accounts of the Con%ress shall be preserved and be open to the public in accordance 'ith la', and such shall be audited by the Commission on !udit 'hich shall be publish annually an itemi1ed list of accounts paid to and e$penses incurred for each Aember. Art7 II% Sec7 -! he 3mbudsman and his deputies, as protectors of the people, shall act promptly on complaints filed in any for or manner a%ainst public officials or employees of the %overnment, or any subdivision, a%ency or instrumentality thereof, includin% %overnment#o'ned or controlled corporations, and shall in appropriate cases, notify the complainants of the action ta,en and the result thereof.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age F of -.
Art7 II% Sec7 -? ! public officer or employee shall, upon assumption of office and as often thereafter as may be required by la', submit a declaration under oath of his assets, liabilities, and net 'orth. "n the case of the .resident, the >ice#.resident, the Aembers of the Cabinet, the Con%ress, the +upreme Court, the Constitutional Commissions and other constitutional offices, and offices of the !rmed 7orces 'ith %eneral or fla% ran,, the declaration shall be disclosed to the public in the manner provided by la'. Art7 III% Sec7 !- 7orei%n loans may only be incurred in accordance 'ith la' and the re%ulations of the monetary authority. "nformation on forei%n loans obtained or %uaranteed by the %overnment shall be made available to the public. S:3 +0at are t0e )ualifications of t0e Om'u$sman an$ 0is 6e uties2 A3 1. natural born citi1ens 2. at least 45 years of a%e at the time of appointment 3. of reco%ni1ed probity and independence 4. member .hilippine Bar C. not have been candidates for any elective office in the immediately precedin% election D. on the 3mbudsman, must have at least 15 years or more, been a &ud%e or en%a%ed in the practice of la' in the .hilippines. 5Sec7 B% Art7 II9 S:3 State t0e Constitutional rovision concerning t0e olicy of t0e State on u'lic office an$ u'lic officers7 A3 .ublic office is a public trust. .ublic officers and employees must, at all times, be accountable to the people, serve them 'ith utmost responsibility, inte%rity, loyalty and efficiency, act 'ith patriotism and &ustice and lead modest lives. 5Sec7 -% Art7 II9 S:3 +0o are t0e u'lic officers w0o may 'e remove$ 'y I8PEACL8EF=2 A3 1. .resident 2. >ice#.resident 3. Chief Gustice and !ssociate Gustices of the +upreme Court 4. Chairmen and Aembers of the Constitutional Commissions C. 3mbudsman 5Sec7 !% Art7 II9 ////S:3 Outline t0e roce$ure for im eac0ment7 A3 3nly the -ouse of :epresentatives has the po'er to initiate all cases of impeachment, but before it can initiate, there must be; 1. >erified complaint for impeachment filed by any member of the /o'er -ouse or by any citi1en upon a resolution of endorsement by any member thereofB 2. 3. hen, the complaint shall be included in the 3rder of Business 'ithin ten )15< session days and referred to the proper Committee 'ithin three )3< session daysB he Committee, after the hearin% and by a vote of a ma&ority of its members, shall submit its report to the /o'er -ouse 'ithin C" $ays from referral to%ether 'ith the correspondin% resolutionB

4. ! vote of at least 1@3 of all members of the -ouse shall necessary of either affirm a favorable resolution or override a contrary resolution by the Committee. he vote of each member shall be recordedB and

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 4 of -.
C. "f the verified complaint is filed by at least 1@3 of !// the members of the /o'er -ouse, the same shall constitute the article of im eac0ment and shall be tried immediately by the +enate. 5Sec7 #% Art7 II9 S:3 +0at are t0e groun$s for im eac0ment2 A3 1. culpable violation of the ConstitutionB 2. treasonB 3. briberyB 4. %raft and corruptionB C. other hi%h crimes and D. betrayal of the public trust )Art7 II% Sec7 !9 S:3 +0at are t0e )ualifications of t0e mem'ers of t0e CO8ELEC2 A3 1. natural born citi1ens 2. at least 3C years of a%e at the time of their appointment 3. holder of colle%e de%ree 4. must not have been candidates for any elective position in the immediately precedin% elections. Aa&ority of the members, includin% the Chairman, shall be members of the .hilippine Bar 'ho have been en%a%ed in the practice of la' for at least 15 years. 5Sec7 -% Art7 II-C9 S:3 +0at are t0e )ualifications of t0e C0airman an$ mem'ers of t0e Civil Service Commission2 A3 1. natural born citi1ens 2. at least 3C years of a%e at the time of their appointment 3. must not have been candidates for any elective position in the elections immediately precedin% their appointment. 5Sec7 -@-A% Art7 II-B9 S:3 ;ive some evi$ence of t0e in$e en$ence of t0e Constitutional Commissions7 A3 1. salaries of their Commissioners are fi<e$ by la' and shall not be decreased durin% their tenureB 5Sec7 #% Art7 II-A9 2. they shall en&oy fiscal autonomy 5Sec7 .9 3. the Commissioners can be removed by impeachment only 5Art7 II% Sec7 !9 4. the .resident cannot desi%nate an actin% Chairman, li,e the Chairman of the C3A6/6C. S:3 +0at are t0e in0i'itions on t0e mem'ers of t0e Constitutional Commissions2 A3 1. they cannot hold any other office or employmentB 2. they cannot en%a%e in the practice of any professionB 3. they cannot ta,e part in the active mana%ement or control or any business 'hich are affected by the functions of their officeB and 4. they shall not be financially interested, directly or indirectly, in any contract 'ith, or in any franchise or privile%e %ranted by the Hovernment, any of its subdivisions, a%encies or instrumentalities, includin% %overnment#o'ned or controlled corporations. 5Sec7 ! Art7 II9 S:3 A3 ;ive instances s0owing t0e in$e en$ence of t0e 1u$iciary7 1. the salaries of &ud%es and &ustices cannot be reduced or diminishedB 2. &ud%es and &ustices have security of tenure, for they cannot be removed 'ithout &ust causeB

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age I of -.
3. 4. C. &ustices of the +upreme Court can be removed only by impeachmentB &ud%es and &ustices cannot be desi%nated to perform non#&udicial 'or,B the &udiciary en&oys fiscal autonomy.

S:3 +0at are t0e e<ce tions to t0e rule t0at mem'ers of t0e 1u$iciary may not erform non-1u$icial function2 A3 1. 'hen it sits as the sole &ud%e of all contests relatin% to the election returns and qualifications of the .resident and >ice#.resident 2. 'hen the Chief Gustice presides over the +enate in tryin% the impeachment case a%ainst the .resident and >ice#.residentB 3. 8hen the Chief Gustice sits as e$#officio Chairman of the Gudicial and Bar Council 4. 8hen &ustices of the +C sit as members of the +enate and -ouse 6lectoral ribunals. S:3 ;ive t0e owers of t0e Su reme Court7 A3 1. e$ercise ori%inal &urisdiction over cases affectin% ambassadors, other public ministers and consuls and over petitions for certiorari, prohibition, mandamus, quo 'arranto and habeas corpus. 2. revie', revise, reverse, modify, or affirm on appeal or certiorari as the la' or the :ules of Court may provide, final &ud%ments and orders of the lo'er courts in; a< all cases in 'hich the constitutionality or validity of any treaty, international or e$ecutive a%reement, la', presidential decree, proclamation, order, instruction, ordinance or re%ulation is in questionB b< all cases involvin% the le%ality of any ta$, impost, assessment, or toll, or any penalty imposed in relation theretoB c< all cases in 'hich the &urisdiction of any lo'er court is in issueB d< all criminal cases in 'hich the penalty imposed is reclusion perpetua or hi%herB e< all cases in 'hich only an error or question of la' is involved. 3. assi%n temporarily &ud%es of lo'er courts to other stations as public interest may require. +uch temporary assi%nment shall not e$ceed +"( months 'ithout the consent of the &ud%e concerned. 4. order a chan%e of venue or place of trial to avoid a miscarria%e of &ustice. .7 Promulgate rules concerning t0e rotection an$ enforcement of constitutional rig0ts% lea$ing% ractice an$ roce$ure in all courts% t0e a$mission to t0e ractice of law% t0e Integrate$ Bar an$ legal assistance to t0e un$er rivilege$7 )the rules shall provide a simplified and ine$pensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same %rade, and shall not diminish, increase or modify substantive ri%hts. :ules of procedure of special courts and quasi#&udicial bodies shall remain effective unless disapproved by the +C. D. appoint all officials and employees of the Gudiciary in accordance 'ith the Civil +ervice /a'. 5Sec7 .% Art7 VIII9 S:3 +0at are t0e )ualifications of t0e mem'ers of t0e Su reme Court2 A3 1. natural born citi1ens 2. at least 45 years of a%e 3. have been for fifteen years or more a &ud%e of a lo'er court or en%a%ed in the practice of la' in the .hilippinesB 4. be a person of proven competence, inte%rity, probity and independence.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 15 of -.
S:3 +0o are t0e mem'ers of t0e Mu$icial an$ Bar Council2 A3 1. Chief Gustice of the +upreme Court as e$ officio chairman 2. +ecretary of Gustice 3. :epresentative of Con%ress as e$ officio members 4. :epresentative of the "nte%rated Bar C. .rofessor of /a' D. :etired member of the +upreme Court F. :epresentative of the private sector. 5Sec7 B@-A Art7 VIII9 S:3 A3 +0at are t0e evi$ences s0owing t0e in$e en$ence of t0e Presi$ent2 1. .resident can be removed by impeachment only. )Art7 II% Sec7 !9 !7 his salary may not be increased or decreased durin% his term of officeB #7 his e$ecutive actions cannot be supervised by the courtsB K7 his e$ecutive po'er may not be impaired by Con%ressB .7 he cannot be sued durin% his term of office.

S:3 +0at are t0e )ualifications of t0e Presi$ent2 A3 1. natural born citi1en 2. re%istered voter 3. able to read and 'rite 4. he must be at least 45 years of a%e on the day of the election C. he must have resided in the .hilippines for at least 15 years immediately precedin% the election. )Art7 VII% Sec7 !9 ////S:3 6istinguis0 ar$on from amnesty7 A3 1. Amnesty is addressed to political offensesB ar$on refers to infractions of la's of the state or ordinary offensesB 2. Amnesty is %ranted to a class or classes of personsB ar$on is %ranted to individualsB 3. Amnesty need not be accepted, ar$on must be acceptedB 4. Amnesty requires the concurrence of Con%ressB ar$on does not need the concurrence of Con%ressB C. Amnesty is a public actB ar$on is a private act of the .residentB D. Amnesty loo,s for'ard and puts the offense into oblivionB ar$on loo,s bac,'ard and relieves the pardonee of the consequences of the offense. S:3 A3 +0at are t0e limitations on t0e ar$oning ower of t0e Presi$ent2 1. it cannot be %ranted in cases of "A.:6!C-A62 B 2. it cannot be %ranted in violations of 6/6C "32 la's 'ithout the favorable recommendation of the C3A6/6C. 3. "t can be %ranted only after conviction 4. "t cannot be %ranted in civil or le%islative contemptB C. it cannot absolve the convict of civil liabilityB D. it cannot restore public offices forfeited. Enumerate t0e owers of t0e Presi$ent7 1. !ppointment 2. Control and +upervision 3. 6$ecution of la's )includes determination on 'hom to prosecute< 4. "mpoundment

S:3 A3

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 11 of -.
C. Ailitary po'er = a< call out !7. to prevent or suppress la'less violence etc. b< declare martial la' c< create military tribunals D. >eto po'er F. Bud%etary po'er # includes au%mentation po'er 4. .ardonin% po'er = includes commutation, reprieve, parole, amnesty, e$ecutive clemency I. 0eportation 15. Contract and %uarantee forei%n loans 11. reaty ma,in% and forei%n relations = includes nomination 'ith C! consent of ambassador, consuls other public ministers. 12. :esidual po'er )"B. vs. Jamora< S:3 +0o are t0e officers w0o may 'e a ointe$ 'y t0e Presi$ent wit0 t0e confirmation of t0e Commission on A ointments2 A3 1. heads of e$ecutive departmentsB 2. ambassadors, and other public ministers and consulsB 3. officers of the !rmed 7orces from the ran, of colonel or naval captainB and 4. those 'hose appointments are vested in him by the Constitution, i.e., sectoral representatives )Art7 VII% Sec7 -C9 S:3 A3 +0at are t0e ste s in t0e a ointing rocess2 1. nomination by the .resident 2. confirmation by the Commission on !ppointments 3. issuance of the commission and 2. acceptance by the appointee.

S:3 +0at are t0e (in$s of a ointments2 A3 *egular a ointment require the confirmation of the C! before the appointee can assume office. he .resident nominates, the C! confirms, and the .resident issues the commission. A$ interim a ointment ta,es effect immediately. "t is valid if it is confirmed by the C! or until the ne$t ad&ournment of Con%ress. *ecess a ointment needs no confirmation by the C!. "t is effective immediately, but temporary in the sense that it is valid until disapproved by the C! or until the ne$t ad&ournment of Con%ress. S:3 +0at are t0e limitations on t0e a ointing ower of t0e Presi$ent2 A3 1. he cannot appoint relatives 'ithin the 4 th civil de%ree of consan%uinity or affinity )Art7 VII% Sec7 -#@!A9 2. t'o months prior to the re%ular election for .resident, he cannot appoint e$cept temporary appointments to e$ecutive positions 'hen continued vacancies therein 'ill pre&udice public service or endan%er public safety. )Art7 VII% Sec7 -.9 3. appointments e$tended by an actin% .resident shall remain effective, unless revo,ed by the elected .resident 'ithin ninety )I5< days from his assumption or reassumption of office. )Art7 VII% Sec7 -K9 S:3 A3 +0at are t0e ro0i'itions against t0e Presi$ent an$ 0is official family2 1. they cannot hold any other office or employment durin% their tenureB 2. they cannot directly or indirectly participate in any businessB

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 12 of -.
3. they cannot directly or indirectly practice their professions 4. they cannot directly or indirectly be financially interested in any contract 'ith, or in any franchise, or special privile%e %ranted by the %overnment, or any subdivision, a%ency or instrumentality thereof, includin% %overnment#o'ned or controlled corporations )Art7 VII% Sec7 -#@-A9 ////S:3 Summari&e t0e rule on Presi$ential succession un$er Sec7 ? of Art7 VII7 A3 1. if the .resident shall not have been chosen, the >ice#.resident#elect shall act as .resident until a .resident shall have been chosen and qualifiedB 2. if at the be%innin% of the term of the .resident the .resident#elect shall have died or shall have become permanently disabled, the >ice#.resident =elect shall become .residentB 3. 'here no .resident and >ice#.resident shall have been chosen or shall have qualified or 'here both shall have died or become permanently disabled, the .resident of the +enate or, in his inability, the +pea,er of the -ouse of :epresentatives shall act as .resident until a .resident or a >ice#.resident shall have been chosen and qualified. ) Art7 VII% Sec7 ?9 4. 'henever there is a vacancy in the 3ffice of the >ice#.resident durin% the term for 'hich he 'as elected, the .resident shall nominate a >ice#.resident from amon% the Aembers of the +enate and -ouse of :epresentatives 'ho shall assume office upon confirmation by a ma&ority vote of !// of the Aembers of both -ouses of Con%ress votin% +6.!:! 6/K. ) Art7 VII% Sec7 >9 S:3 A3 State t0e owers of Congress an$ its ot0er owers an$ functions7 t0e PO+E*S of Congress are3 a< /e%islation b< o discipline its Aembers c< reaty ma,in%@ratification po'ers d< !ppropriation t0e ot0er owers an$ functions are3 a< to act as a canvassin% body for the .residential and >ice#.residential elections and proclaim the persons duly elected. )Art7 VII% Sec7 K@KA9 b< to concur to amnesty %ranted by the .resident )Art7 VII% Sec7 !9 c< the +enate shall concur to treaties or international a%reements entered into by the .resident )Art7 VII% Sec7 !-9 d< the -ouse of :epresentatives shall initiate the impeachment process ) Art7 II% Sec7 !9 e< the +enate shall try and decide all impeachment cases. ) Art7 II% Sec7 #@CA< ///S:3 Low $oes a 'ill 'ecome a law2 A3 .er Gimene1 notesB 1. "f the .resident approves a bill presented by the Con%ress to his 3ffice. 2. By inaction of the .resident. hat is his failure to communicate his veto of any bill to the -ouse 'here it ori%inated 'ithin thirty )35< days after the date of receipt thereof. 3. 8hen Con%ress overrides a veto of the .resident by a 2@3 vote of !// members of the -ouse. S:3 A3 Outline t0e ste s for a 'ill to 'ecome a law 5legislative mill9 1. the ma&ority floor leader schedules the bill for first readin%B 2. proposed bill is referred to the Committees, i.e., labor, finance etc.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 13 of -.
3. Committee shall conduct hearin%s in aid of le%islationB 4. Committee redrafts the bill in accordance 'ith the data %atheredB C. Bill is ready for sponsorship and is reported for second readin%B floor debates and amendments are introducedB D. Bill is redrafted and submitted for third readin%. F. Bill is transmitted to the +enate@/o'er -ouse as the case may be, for another round of three readin%s. )Fote3 +uppose a +enate version 'ent throu%h three readin%s and a -ouse version 'ent also on three readin%s, the ne$t step is for the t'o -ouses to create a conference committee. !fter the conference committee has finally consolidated the Bill, the -ouse +pea,er@.resident shall brin% the Bill to the floor for final approval, there is 23 2660 for the yeas and nays anymore, it became an approved bill )in the case of Arroyo vs7 6e Venecia 58EF6OGA9 . S:3 A3 State t0e ur oses of congressional in)uiries7 1. to %ather information for enactment of la'sB 2. to chec, the performances of a%encies of the %overnmentB 3. to chec, consequences or reactions of the public on la's passedB and 4. to chec, ho' money is bein% spent. State some of t0e limitation on t0e ower of Congress to investigate7 1. Bill of :i%htsB 3. .ersonal matters cannot be investi%atedB 4. Con%ress cannot investi%ate on matters not 'ithin its po'er to le%islateB and C. "t cannot inquire into cases pendin% in court because of the principle of separation of po'ers. )Ben%1on vs. +enate Blue :ibbon Committee<

S:3 A3

////S:3 +0at are two 5!9 ways of )uestioning t0e VE=O of t0e Presi$ent2 A3 1. :epassa%e of the vetoed bill by 2@3 votes of !// members of both -ouses votin% separately. 2. Challen%in% before the Court as unconstitutional, meanin% the veto 'as ultra vires. "n Ben%1on vs. 0rilon, it 'as ruled that a Bill made pursuant to a la' e$istin% for more than 35 years cannot be vetoed by the .resident 'ithout ma,in% the act as ultra vires. Fote3 =0e veto message of t0e Presi$ent is very im ortant for t0e gui$ance of Congress on w0at reme$y to ta(e7 If only for olicy an$ olitical consi$erations% t0e Congress may overri$e t0e same veto t0roug0 re assage7 =0e reme$y for ultra vires veto is to c0allenge t0e same 'efore t0e Su reme Court7 S:3 A3 State t0e )ualification of arty-list nominees7 Please see #"C San$oval 7 #-

S:3 +0at are t0e four 5K9 inviola'le arameters to $etermine t0e winners in a P0ili ine-style arty-list election2 A3 1. =0e twenty 5!"J9 ercent allocation the combined number of all party#list con%ressmen shall not e$ceed t'enty percent of the total membership of the -ouse of :epresentatives, includin% those elected under the .arty list.

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 14 of -.
2. =0e two 5!J9 ercent t0res0ol$ only those %arnerin% a minimum of t'o percent of the total valid votes cast for the party list system are qualified to have a seat in the -ouse of :epresentatives. 3. =0e t0ree seat limit each qualified party, re%ardless of the number of votes it actually obtained, is entitled to a ma$imum of three seatsB that is, one qualifyin% and t'o additional seats. 4. Pro ortional re resentation the additional seats 'hich a qualified party is entitled to shall be computed in proportion to their total number of votes. )>eterans 7ederation .arty vs. C3A6/6C, 2555< S:3 +0at are t0e two stages in eminent $omain2 A3 1. the determination by the court of the authority to e$ercise it and the propriety of the %rantB and 2. determination of compensation by the three )3< commissioners desi%nated by the court. he desi%nation is compulsory. S:3 +0at are t0e 'asic ur oses of olice ower2 A3 1. to serve the %eneral 'elfare, comfort and convenience of the peopleB 2. to promote and preserve public healthB 3. to promote and protect public safetyB 4. to maintain and safe%uard public orderB C. to protect public moralsB and D. to promote the economic security of the people. S:3 +0at are t0e re)uisites for t0e vali$ity of rules an$ regulations romulgate$ 'y a$ministrative agencies2 A3 1. rules must be issued by authority of la'B 2. rules must be 'ithin the scope and purvie' of the la'B and 3. rules must be reasonable. S:3 +0at are t0e re)uirements of a$ministrative $ue rocess2 A3 1. impartial tribunalB 2. due notice and hearin% or opportunity to be heardB 3. procedure consistent 'ith the essentials of a fair trial and 4. proceedin%s should be conducted to %ive opportunity for a court to determine 'hether the applicable rules of la' and procedure 'ere observed. S:3 A3 State t0e car$inal rig0ts of a erson in a$ministrative investigation7 1. ri%ht to hearin%B 2. tribunal must consider the evidence presentedB 3. decision must have somethin% to support itselfB 4. evidence must be substantialB C. decision must be rendered on the evidence presentedB D. board or its &ud%es must act on their o'n individual consideration of the la' and the facts in the controversy or they must be impartialB and F. decision must be rendered in a manner that the parties may ,no' the various issues involved. )Ang =i'ay vs7 CI*9

Silliman University College of Law - Political Law BASICS EVSA Outline Bar O s !""# $en% mc&v% r'm% (ca% )lmc P*E-+EE, Series age 1C of -.
S:3 +0at are t0e re)uisites of 1u$icial review of a$ministrative action2 A3 1. administrative action must have been completed ,no'n as t0e rinci le of t0e finality of a$ministrative actionN and 2. administrative remedies must have been e$hausted ,no'n as t0e rinci le of e<0austion of a$ministrative reme$ies S:3 +0at are t0e e<ce tions to t0e rinci le of e<0austion of a$ministrative reme$ies2 A3 1. resort to administrative remedies is fruitless or of no valueB 2. %overnment a%ency is under estoppelB 3. question is purely le%alB 4. lac, of &urisdiction is the issueB C. unreasonable delay or there is official inactionB D. irreparable dama%e or in&ury 'ould resultB F. doctrine of qualified political a%encyB 4. no other plain, speedy or adequate remedy in the ordinary course of la'. I. in land cases, 'here it is private landB and 15. special reasons or circumstances demand immediate court actions. S:3 State t0e owers w0ic0 a local government unit may e<ercise7 A3 1. continuous succession in its corporate nameB 2. to sue and be suedB 3. have and use corporate sealB 4. acquire and convey real property or personal propertyB C. enter into contractsB and D. e$ercise such other po'ers as are %ranted to corporations, sub&ect to limitations provided in this Code and other la's.