Professional Documents
Culture Documents
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
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
jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago
Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines
sovereignty or
CODE: TFA
CODE: TSSIO
CODE: ABCI
Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago
is that body of water studded with islands which is delineated in the Treaty of Paris
(1898), as amended by the Treaty of Washington (1900) and the Treaty of Great Britain
(1930).
Definition of all other territories over which the Philippines has sovereignty or
jurisdiction
It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.
Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea consists of
drawing straight lines connecting appropriate points on the coast without
departing to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines
1. Territorial sea
2. Contiguous zone
3. Exclusive economic zone -
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
SEC 1. The Philippines is a democratic and republican State. Sovereignty resides
in the people and all government authority emanates from them.
Elements of a State (for municipal law purposes)
1.
2.
3.
4.
Definition of People
1.
2.
3.
4.
CODE: PTSG
CODE: CNCH
A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.
Definition of Sovereignty
1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Definition of Government
1.
2.
3.
4.
5.
Classification of governments
1. De jure
2. De facto
1. De facto proper
a.
b.
c.
d.
1. Right of an alien to be released on bail while awaiting deportation when his failure to
leave the country is due to the fact that no country will accept him (Mejoff v. Director
of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals
(Kuroda v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations.
recognition remains a matter of executive discretion.
Diplomatic
SEC 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
freedom
from
nuclear
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
SEC. 16. The State
shall
protectmust
and be
advance
the right
people totoabe
balanced
3. The
defendant
given notice
andofanthe
opportunity
and healthful ecology in accord with the rhythm and harmony of nature.
1.
2.
While the right to a balanced and healthful ecology is found under the
declaration of Principle and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. (Oposa v. Factoran)
The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment. (Oposa v. Factoran)
SEC. 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the laws.
Definition of Police Power:
1)
2)
3)
4)
5)
6)
7)
2. The student shall have the right to answer the charges against
him, with the assistance of counsel if desired.
3. The student has the right to be informed of the evidence against him.
4. The student has the right to adduce evidence in his own behalf.
5. The evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear and
decide the case.
6. The penalty imposed must be proportionate to the offense.
Note:
1. The school has a contractual obligation to afford its students a fair
opportunity to complete the course a student has enrolled for.
2. Exceptions:
3. Serious breach of discipline; or
4. Failure to maintain the required academic standard.
5. Proceedings in student disciplinary cases may be summary; crossexamination is not essential
Instances when hearings are NOT necessary:
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
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4. Cases of preventive suspension.
Louie, Carrie, Evelyn, Thel, Gem, Ronald
5. Removal of temporary employees in the government service.
6. Issuance of warrants of distraint and/or levy by the
BIR Commissioner.
7. Cancellation of the passport of a person charged with a crime.
8. Issuance of sequestration orders (considered a provisional remedy).
9. Judicial order which prevents an accused from travelling abroad in
order to maintain the effectivity of the courts jurisdiction.
10. Suspension of a banks operations by the Monetary Board upon
a prima facie finding of liquidity problems in such bank.
Note:
1. The right to counsel is a very basic requirement of substantive due
process and has to be observed even in administrative and quasi-judicial
bodies.
2. The right to appeal is a statutory privilege that may be exercised only in
the manner in accordance with law.
Requisites of SUBSTANTIVE due process: CODE: I M
2. The MEANS employed are necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals.
1.
2.
3.
4.
CODE: SGEE
Section 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined personally by the judge
after examination under oath or affirmation of the complainant and the witnesses
he may produce, and particularly describing the place to be searched and the
person or things to be seized.
General Rule: Search and seizures are unreasonable UNLESS authorized by a validly
issued search warrant or warrant of arrest
Requisites for a valid warrant:
CODE:
P J E D
10
10
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Carrie,
Evelyn,
Ronald
1. The oath requiredLouie,
must refer
to the
truth Thel,
of theGem,
facts within
the personal knowledge
of the complainant or his witnesses because the purpose is to convince the judge of
the existence of probable cause (Alvarez v. CFI, 64 Phil. 33).
2. The true test of sufficiency of an affidavit to warrant the issuance of a search warrant
is whether it has been drawn in such a manner that perjury could be charged thereon
and affiant be held liable for the damages caused (Alvarez v. CFI).
PARTICULARITY OF DESCRIPTION (SEARCH WARRANT)
1. A search warrant may be said to particularly describe the things to be seized when
the description therein is as specific as the circumstances will ordinarily allow
or
2. When the description expresses a conclusion of fact not of law by which the
warrant officer may be guided in making the search and seizure or
3. When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37 SCRA
823).
JOHN DOE WARRANT
A John Doe warrant can satisfy the requirement of particularity of description if it
contains a descriptio personae such as will enable the officer to identify the accused
(People v. Veloso, 48 Phil. 159)
GENERAL WARRANT
A general warrant is one that does not allege any specific acts or omissions constituting
the offense charged in the application for the issuance of the warrant. It contravenes the
explicit demand of the Bill of Rights that the things to be seized be particularly described.
VALID WARRANTLESS SEARCH
1. Search made as an incident to lawful arrest
A. An officer making an arrest may take from the person arrested:
i.
Any money or property found upon his person which was used in the
commission of the offense or
ii.
Was the fruit thereof or
iii.
Which might furnish the prisoner with the means of committing
violence or escaping or
iv.
Which may be used in evidence in the trial of the case
B. The search must be made simultaneously with the arrest and it may only be
made in the area within the reach of the person arrested
2. Search of moving vehicles
A. This exception is based on exigency. Thus, if there is time to obtain a warrant
in order to search the vehicle, a warrant must first be obtained.
B. The search of a moving vehicle must be based on probable cause.
3. Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and
Customs Code
A. The Tariffs and Customs Code authorizes persons having police authority
under the Code to effect search and seizures without a search warrant to
enforce customs laws.
B. Exception: A search warrant is required for the search of a dwelling house.
C. Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
12
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When an offense has in fact just been committed and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has committed
it.
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
4. Waiver of an invalid arrest:
When a person who is detained applies for bail, he is deemed to have waived any
irregularity which may have occurred in relation to his arrest.
5. Hot pursuit
A. The pursuit of the offender by the arresting officer must be continuous from the
time of the commission of the offense to the time of the arrest.
B. There must be no supervening event which breaks the continuity of the chase.
CRITERION
There
should
be
a
RATIONAL
CONNECTION between the speech and the
evil apprehended.
Freedom of Speech
The doctrine on freedom of speech was formulated primarily for the protection of core
speech, i.e. speech which communicates political, social or religious ideas. These
enjoy the same degree of protection. Commercial speech, however, does not.
Commercial Speech
1. A communication which no more than proposes a commercial transaction.
2. To enjoy protection:
a. It must not be false or misleading; and
b. It should not propose an illegal transaction.
3. Even truthful and lawful commercial speech may be regulated if:
a. Government has a substantial interest to protect;
b. The regulation directly advances that interest; and
c. It is not more extensive than is necessary to protect that interest. (Central
Hudson Gas and Electric Corp. v. Public Service Commission of NY, 447 US
557)
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are statements of OPINION, not of fact,
and are not considered actionable, even if the words used are neither mild nor
temperate. What is important is that the opinion is the true and honest opinion of
the person. The statements are not used to attack personalities but to give ones
opinion on decisions and actions.
ii.
iii.
Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.
ii.
The application should be filed ahead of time to enable the public official
concerned to appraise whether there are valid objections to the grant of
the permit or to its grant, but in another public place. The grant or refusal
should be based on the application of the Clear and Present Danger Test.
iii.
If the public authority is of the view that there is an imminent and grave
danger of a substantive evil, the applicants must be heard on the matter.
iv.
Only the consent of the owner of the property or person entitled to possession
thereof is required.
Section 5.
No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be
allowed. No religious test shall be required for the exercise of civil or political
rights.
Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
Distinction between the clauses (School District v. Schempp, 374 US 203)
1.
The non-establishment clause does not depend upon any showing of direct
governmental compulsion. It is violated by the enactment of laws which establish an
official religion whether those laws operate directly to coerce non-observing
individuals or not. The test of compliance with the non-establishment clause can be
stated as follows: What are the purposes and primary effect of the enactment? If
either is the advancement or inhibition of religion, the law violates the nonestablishment clause. Thus, in order for a law to comply with the non-establishment
clause, two requisites must be met. First, it has a secular legislative purpose.
Second, its primary effect neither advances nor inhibits religion.
2. The free exercise of religion clause withdraws from legislative power the exertion
of any restraint on the free exercise of religion. In order to show a violation of this
clause, the person affected must show the coercive effect of the legislation as it
operates against him in the practice of his religion. While the freedom to believe
(non-establishment) is absolute, the moment such belief flows over into action, it
becomes subject to government regulation.
Requisites for government aid to be allowable:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither advances nor inhibits religion;
3. It must not require excessive entanglement with recipient institutions.
Section 6.
The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety or public health, as may be provided by law.
Rights guaranteed under Section 6:
1. Freedom to choose and change ones place of abode.
2. Freedom to travel within the country and outside.
Curtailment of rights:
RIGHT
1. Liberty of abode
MANNER OF CURTAILMENT
Lawful order of the court and within the limits
prescribed by law.
2. Right to travel
Note: The right to travel and the liberty of abode are distinct from the right to return to
ones country, as shown by the fact that the Declaration of Human Rights and the
Covenant on Human Rights have separate guarantees for these. Hence, the right to
return to ones country is not covered by the specific right to travel and liberty of abode.
(Marcos v. Manglapus)
Section 7. The right of the people to information on matters of public concern
shall be recognized.
Rights guaranteed under Section 7
1. Right to information on matters of public concern
2. Right of access to official records and documents
Persons entitled to the above rights
Only Filipino citizens.
Discretion of government
The government has discretion with respect to the authority to determine what matters
are of public concern and the authority to determine the manner of access to them.
Recognized restrictions on the right of the people to information:
1.
2.
3.
4.
5.
6.
7.
8.
Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not
contrary to law, shall not be abridged.
The right to form associations shall not be impaired without due process of law and is
thus an aspect of the right of liberty. It is also an aspect of the freedom of contract. In
addition, insofar as the associations may have for their object the advancement of
beliefs and ideas, the freedom of association is an aspect of the freedom of speech and
expression, subject to the same limitation.
1.
2.
3.
4.
5.
B. Compensable taking does not need to involve all the property interests which
form part of the right of ownership. When one or more of the property rights
are appropriated and applied to a public purpose, there is already a
compensable taking, even if bare title still remains with the owner.
"PUBLIC USE"
1. Public use, for purposes of expropriation, is synonymous with public welfare
as the latter term is used in the concept of police power.
2. Examples of public use include land reform and socialized housing.
"JUST COMPENSATION"
1. Compensation is just if the owner receives a sum equivalent to the market
value of his property. Market value is generally defined as the fair value of
the property as between one who desires to purchase and one who desires
to sell.
2. The point of reference use in determining fair value is the value at the time
the property was taken.
Thus, future potential use of the land is not
considered in computing just compensation.
Judicial review of the exercise of the power of eminent domain
1. To determine the adequacy of the compensation
2. To determine the necessity of the taking
3. To determine the "public use" character of the taking. However, if the
expropriation is pursuant to a specific law passed by Congress, the courts
cannot question the public use character of the taking.
When municipal property is taken by the State:
Compensation is required if the property is a patrimonial property, that is, property
acquired by the municipality with its private funds in its corporate or private capacity.
However, if it is any other property such a public buildings or legua comunal held by the
municipality for the State in trust for the inhabitants, the State is free to dispose of it at
will.
Point of reference for valuating a piece of property:
General rule: The value must be that as of the time of the filing of the complaint for
expropriation.
Exception: When the filing of the case comes later than the time of taking and
meanwhile the value of the property has increased because of the use to which the
expropriator has put it, the value is that of the time of the earlier taking. BUT if the value
increased independently of what the expropriator did, then the value is that of the latter
filing of the case.
Section 10. No law impairing the obligation of contracts shall be passed.
When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal contract either as to the time or
mode of performance
2) If it imposes new conditions or dispenses with those expressed
3) If it authorizes for its satisfaction something different from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which does not change the substance of
the contract, and which still leaves an efficacious remedy for enforcement does NOT
impair the obligation of contracts.
A valid exercise of police power is superior to obligation of contracts.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
Section 12.
offense.
20
20
1)
2)
3)
4)
DUE PROCESS
This means that the accused can only be convicted by a tribunal which is required to
comply with the stringent requirements of the rules of criminal procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature from providing that proof of certain
facts leads to a prima facie presumption of guilt, provided that the facts proved have a
reasonable connection to the ultimate fact presumed.
Presumption of guilt should not be conclusive.
C. The accused may waive the right to be present at the trial by not showing
up. However, the court can still compel the attendance of the accused if
necessary for identification purposes. EXCEPTION: If the accused, after
arraignment, has stipulated that he is indeed the person charged with the
offense and named in the information, and that any time a witness refers to a
name by which he is known, the witness is to be understood as referring to
him.
D. While the accused is entitled to be present during promulgation of
judgement, the absence of his counsel during such promulgation does not
affect its validity.
2. Right to counsel
(a) Right to counsel means the right to EFFECTIVE REPRESENTATION.
(b) If the accused appears at arraignment without counsel, the judge must:
(i) Inform the accused that he has a right to a counsel before
arraignment
(ii) Ask the accused if he desires the aid of counsel
(iii) If the accused desires counsel, but cannot afford one, a counsel
de oficio must be appointed
(iv) If the accused desires to obtain his own counsel, the court must
give him a reasonable time to get one.
3. Right to an impartial judge
4. Right of confrontation and cross-examination
5. Right to compulsory process to secure the attendance of witnesses
RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF
ACCUSATION AGAINST HIM
Purposes of the right:
1) To furnish the accused with a description of the charge against him as will enable
him to make his defenses
2) To avail himself of his conviction or acquittal against a further prosecution for the
same cause
3) To inform the court of the facts alleged.
If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof even if the prosecution is able to present evidence during the trial
with respect to such elements.
The real nature of the crime charged is determined from the recital of facts in the
information. It is not determined based on the caption or preamble thereof nor from the
specification of the provision of law allegedly violated.
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
Factors used in determining whether the right to a speedy trial has been violated
1)
2)
3)
4)
5)
3.
Acquittal
Conviction
Dismissal W/O the EXPRESS consent of the accused
Dismissal on the merits.
1) Exact identity between the offenses charged in the first and second cases.
2) One offense is an attempt to commit or a frustration of the other offense.
3) One offense is necessarily included or necessary includes the other.
Note: where a single act results in the violation of different laws or different provisions of
the same law, the prosecution for one will not bar the other so long as none of the
exceptions apply.
Definition of double jeopardy (2nd sentence of Sec. 21)
Double jeopardy will result if the act punishable under the law and the ordinance are the
same. For there to be double jeopardy, it is not necessary that the offense be the same.
SUPERVENING FACTS
1) Under the Rules of Court, a conviction for an offense will not bar a prosecution for an
offense which necessarily includes the offense charged in the former information
where:
A. The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
B. The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
C. The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
2) Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecutions incompetence, it would not be considered a
supervening event.
Effect of appeal by the accused:
If the accused appeals his conviction, he WAIVES his right to plead double jeopardy.
The whole case will be open to review by the appellate court. Such court may even
increase the penalties imposed on the accused by the trial court.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Definition of ex-post facto law.
1) One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that
which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the
law required at the time of the commission of the offense in order to convict the
accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which
he has become entitled such as the protection of a former conviction or acquittal, or
a proclamation of amnesty.
Note: The prohibition on ex post facto laws only applies to retrospective PENAL laws.
Natural-born citizens:
1) Citizens of the Philippines from birth who do not need to perform any act to acquire
or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Marriage of Filipino with an alien:
1)
2)
3)
4)
5)
CODE: CD18RR
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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Residency requirement
Residency, under Article V has 2 senses:
1. DOMICILE This is in reference to the 1 year residency requirement in the
Philippines.
2.
TEMPORARY RESIDENCE This is in reference to the 6 month residency
requirement in the place where one wants to vote. In this case, residence can either
mean domicile or temporary residence.
Disqualifications:
1) Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
3) Insane or feeble-minded persons.
Note Under the 2nd disqualification, the right to vote is automatically re-acquired upon
the expiration of 5 years after the service of sentence.
Natural-born citizen;
At least 35 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.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following
their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following
their election.
2. Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
1. Definition
a. Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his
position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an
elective office automatically vacated when the holder thereof files a certificate
of candidacy for another elective office (except President and Vice-President)
is valid, as it only affects the officers tenure and NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the
party-list system (thus a maximum of 50 party-list members of the House)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and
95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII,
Sec. 7, the sectoral representatives are to be appointed by the President until
legislation otherwise provides.
3. Mechanics of the party-list system:
a. Registered organizations submit a list of candidates in order of priority.
b. During the elections, these organizations are voted for at large.
c. The number of seats that each organization gets out of the 20% allotted to
the system depends on the number of votes they get.
4. Qualifications
a. Natural born citizen of the Philippines
b. At least 25 years of age on the day of the election
c. Able to read and write
SEC. 9. In case of vacancy in the Senate or in the House of Representatives, a
SPECIAL ELECTION may be called to fill such vacancy in the manner prescribed
by law, but the Senator or Member of the House of Representatives thus elected
shall serve only for the unexpired term.
SEC. 10. Salaries of Senators and Members of the House
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined
by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE
FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on emoluments,
our distinguished legislators can appropriate for themselves other sums of money such
as travel allowances, as well as other side benefits.
(iii)
Protection is only against forum other than Congress itself. Thus for
inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
The speech or debate must be made in performance of their duties as
members of Congress. This includes speeches delivered, statements
made, votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
Congress need NOT be in session when the utterance is made, as long
as it forms part of legislative action, i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with
Congress jurisdiction.
SEC. 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.
SEC. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of the House cannot During his term. If he does so, he forfeits
hold any other office or employment in the his seat.
Government or any subdivision, agency or
Instrumentality thereof, including GOCCS
or their subsidiaries.
2. Legislators cannot be appointed to any IF the office was created or the
office.
emoluments thereof increased during the
term for which he was elected.
Discipline:
1.) Suspension
a.
Concurrence of 2/3 of ALL its members and
b.
Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the official copy of approved legislation and bears the certifications
of the presiding officers of each House. Thus where the certifications are valid and
are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as
regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns,
and qualifications of their respective members. This includes determining the validity
or invalidity of a proclamation declaring a particular candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualification
and claims for himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the
power of each House to expel its own members or even to defer their oath-taking
until their qualifications are determined may still be exercised even without an
election contest.
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while
Congress is not in session shall only be effective until disapproval by the CA or until
the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the
House of Representative shall have been organized with the election of the President
and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in aid of legislation.
2. In aid of legislation does not mean that there is pending legislation regarding the
subject of the inquiry. In fact, investigation may be needed for purposes of proposing
future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of
the law, the investigation is no longer in aid of legislation but in aid of prosecution.
This violates the principle of separation of powers and is beyond the scope of
congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually
work, Congress has the inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such time that they agree to testify.
2. The continuance of such incarceration only subsists for the lifetime, or term, of such
body. Once the body ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well. Thus, each Congress of the House lasts for
only 3 years. But if one is incarcerated by the Senate, it is indefinite because the
Senate, with its staggered terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary
requirement is that the inquiry is within the scope of Congress powers. i.e. it is in aid
of legislation.
4. The materiality of a question is determined not by its connection to any actually
pending legislation, but by its connection to the general scope of the inquiry.
5. The power to punish for contempt is inherent in Congress and this power is sui
generis. It cannot be exercised by local government units unless they are expressly
authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of
procedure of the House conducting the inquiry; and
2. The rights of persons appearing in or affected by such inquiries shall be respected.
Ex. The right against self-incrimination.
Appearance by department heads before Congress:
1.
Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
heads cannot be compelled to appear before Congress.
Neither may the
department heads impose their appearance upon Congress.
2.
3.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
40
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1.
bills
Revenue
2.
bills
Tariff
bills
4. Bills authorizing the increase of public debt
5.
Bills of
local
application
6. Private bills
3.
2.
Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not make
the law a revenue bill.
e. Transfer of appropriations:
i.
ii.
f.
g. If Congress fails to pass General Appropriations Bill (GAB) by the end of any
fiscal year:
i. The GAB for the previous year is deemed reenacted
ii. It will remain in full force and effect until the GAB is passed by Congress.
2. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY of ALL the members of
Congress.
3. For bills in general
a. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i.
As a mandatory requirement
ii.
iii.
A bill which repeals legislation regarding the subject matter need not state
in the title that it is repealing the latter. Thus, a repealing clause in the bill
is considered germane to the subject matter of the bill.
b. Readings
1. In order to become a law, each bill must pass three (3) readings in both
Houses.
2. General rule: Each reading shall be held on separate days & printed copies
thereof in its final form shall be distributed to its Members three (3) days
before its passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity
of its immediate enactment to meet a public calamity or emergency, the 3
readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments
introduced.
Third reading only the title is read, no amendments are allowed. Vote shall
be taken immediately thereafter and the yeas and nays entered in the journal.
This rule eliminates the pocket veto whereby the President would simply refuse to
act on the bill.
5.
To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without
need of presidential approval.
6. Item veto
a. The President may veto particular items in an appropriation, revenue or tariff bill.
b. This veto will not affect items to which he does not object.
c. Definition of item
TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill
ITEM
Subject of the tax and the tax rate imposed thereon
Indivisible sum dedicated to a stated purpose
d. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated
in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it
as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction
without the SCs advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1)
2)
3)
4)
Charitable institutions
Churches, and parsonages or convents appurtenant thereto
Mosques
Non-profit cemeteries; and
All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
c) BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of
clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as
long as the property is available for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be
transferred to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, the people can directly propose and
enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered
voters
c) Petition should be registered
ARTICLE VII. THE EXECUTIVE DEPARTMENT
Section 1. EXECUTIVE POWER
Scope:
1) Executive power is vested in the President of the Philippines.
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is
not limited to those set forth therein. The SC, in Marcos v. Manglapus, referred to
the RESIDUAL powers of the President as the Chief Executive of the country, which
powers include others not set forth in the Constitution. EXAMPLE: The President is
immune from suit and criminal prosecution while he is in office.
3) Privilege of immunity from suit is personal to the President and may be invoked by
him alone. It may also be waived by the President, as when he himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
1)
2)
3)
4)
5)
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P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie,has
Carrie,
Evelyn,
Thel, Gem,
Ronald
Note: The Vice-President
the same
qualifications
& term
of office as the President.
He is elected with & in the same manner as the President. He may be removed from
office in the same manner as the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper
Board of Canvassers shall be forwarded to Congress, directed to the Senate
President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in
the presence of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the
certificates, shall canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.
6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of
ALL the members of both Houses, voting separately. In case this results in a
deadlock, the Senate President shall be the acting President until the deadlock is
broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to
the election, returns, and qualifications of the President or Vice-President and may
promulgate its rules for the purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and
ending at noon on the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than
4 years shall NOT be qualified for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption
in the continuity of service for the full term for which the Vice-President was
elected.
SUCCESSOR
VP-elect will be Acting President until
someone is qualified/chosen as President.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until a
President or a VP shall have been
chosen and qualified.
In case of death or disability of (1) and (2),
Congress shall determine, by law, who will
be the acting President.
SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
the President or VP shall have been
elected and qualified.
3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after vacancy during tem
a)
Congress shall convene 3 days after the vacancy in the office of both the
President and the VP, without need of a call. The convening of Congress
cannot be suspended.
b)
Within 7 days after convening, Congress shall enact a law calling for a special
election to elect a President and a VP.
The special election cannot be
postponed.
c)
The special election shall be held not earlier than 45 days not later than 60 days
from the time of the enactment of the law.
d)
The 3 readings for the special law need not be held on separate days.
e)
The law shall be deemed enacted upon its approval on third reading.
BUT: No special election shall be called if the vacancy occurs within 18 months
before the date of the next presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in
either of two ways:
a) By the President himself, when he sends a written declaration to the Senate
President and the Speaker of the House. In this case, the Vice-President will
be Acting President until the President transmits a written declaration to the
contrary.
b) When a majority of the Cabinet members transmit to the Senate President
and the Speaker their written declaration.
(i)
(ii)
(iii)
(iv)
6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of
Foreign Affairs, and the Chief of Staff of the AFP are entitled to access to the
President
other
3.
4.
Since the power to appoint is executive in nature, Congress cannot usurp this
function.
While Congress (and the Constitution in certain cases) may prescribe the
qualifications for particular offices, the determination of who among those who are
qualified will be appointed is the Presidents prerogative.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
49
49
Scope:
The President shall appoint the following:
1)
2)
3)
4)
5) All other officers whose appointments are not otherwise provided for by law; and
those whom he may be authorized by law to appoint.
a)
b)
Congress may, by law, vest the appointment of other officers lower in rank in
the President alone or in the courts, or in the heads of departments,
agencies, boards or commissions.
c)
d)
Procedure:
1) CA confirmation needed:
a)
b)
c)
d)
Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1)
When Congress is in recess, the President may still appoint officers to positions
subject to CA confirmation.
2) These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and
need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90 days
from his assumption or re-assumption of office.
Limitation
1) 2 months immediately before the next Presidential elections, and up to the end of his
term, the President or Acting President SHALL NOT make appointments. This is to
prevent the practice of midnight appointments.
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public
safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done
in the performance of his duties, and to substitute the judgment of the officer for that of
his subordinate.
Thus, the President exercises control over all the executive
departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of the Executive
Department, the heads of such departments, etc. are assistants and agents of the
President.
2) Thus, generally the acts of these department heads, etc, which are performed and
promulgated in the regular course of business, are presumptively the acts of the
President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be
appealed to the President in order to comply with the requirement of exhaustion of
administrative remedies.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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5) Qualified political agency does NOT apply if the President is required to act in
person by law or by the Constitution. Example: The power to grant pardons must
be exercised personally by the President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the,
and NOT from the power control.
2) BUT While the President may remove from office those who are not entitled to
security of tenure, or those officers with no set terms, such as Department Heads,
the officers, and employees entitled to security of tenure cannot be summarily
removed from office.
Power of Supervision:
1) This is the power of a superior officer to ensure that the laws are faithfully executed
by subordinates.
2) The power of the president over local government units is only of general
supervision. Thus, he can only interfere with the actions of their executive heads if
these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the
operation of laws.
4) The power of supervision does not include the power of control; but the power of
control necessarily includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must
submit a report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d. In the same manner, at the Presidents initiative, Congress can extend the
same for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
e. Supreme Court review:
i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or
suspension.
iii. Decision is promulgated within 30 days from filing.
f.
3.) ALSO: The power to grant clemency includes cases involving administrative
penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been
violated rests with the President.
Limitations:
1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the
same may be restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons
who commit political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a
majority of all the members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which
is subject to such amnesty. If his application is denied, he can be convicted
based on this admission of guilt.
4.) Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of
all members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself
PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights
arise and which are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
b.
Political Questions:
1.
A political question is one the resolution of which has been vested by the
Constitution exclusively in either the people, in the exercise of their sovereign
capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.
2. Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the Executive and Legislative
Departments.
En banc; or
Divisions of 3, 5, or 7.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
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REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
1.
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites
Code: [A R S Co R]
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their appointments;
3) With proven capacity for public administration; and
4) NOT candidates for any elective position in the elections immediately preceding their
appointment.
5) Appointees by the President to the CSC need Commission on Appointments (CA)
confirmation
Term:
1) Chairman -7 years; Commissioner1 - 5 yrs; Commissioner2 - 3 yrs
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired term of predecessor
4) No temporary appointments, or appointments in acting capacity.
Section 2. Scope:
The Civil Service embraces all:
A.
B.
C.
D.
E.
branches,
subdivisions,
instrumentalities,
agencies of the government,
including GOCCs with original charters.
1."With Original Charter" means that the GOCC was created by special
law/by Congress
2. If incorporated under the Corporation Code, it does not fall within the
Civil Service, and is not subject to the CSC jurisdiction.
3. Even if once government-controlled, then becomes privatized, ceases
to fall under CSC.
4. Jurisdiction is determined as of the time of filing the complaint.
b) Primarily confidential -
c) Highly technical
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
64
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in which
they are
filled.
D. MANNER
Both types
of positions
are
entitled to security of tenure. They only differ in the
E. Who may be appointed:
1). RULE: Whoever fulfills all the qualifications prescribed by law for a particular
position may be appointed therein.
2). The CSC cannot disapprove an appointment just because another person is
better qualified, as long as the appointee is himself qualified.
3). The CSC CANNOT add qualifications other than those provided by law.
F. Next-In-Rank Rule
While a person next in rank is entitled to preferential consideration, it does
not follow that only he, and no one else, can be appointed. Such person has
no vested right to the position and the appointing authority is not bound to
appoint the person next in rank.
Tenure (Classification of Positions)
Career Service
1. Entrance based on merit and fitness to
be determined as far as practicable by
competitive examinations or based on
highly technical qualifications.
2. Entitled to security of tenure
Non-Career Service
1. Entrance on bases OTHER than usual
tests of merit and fitness.
2. Tenure limited to:
a) Period specified by law,
b) Coterminous with the appointing
authority or subject to his pleasure,
or
c) Limited to the duration of a
particular project for which purpose
the employment was made.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.
Temporary employees are covered by the following rules:
1). Not protected by security of tenure - can be removed anytime even without cause
2). If they are separated, this is considered an expiration of his term.
3). BUT: They can only be removed by the one who appointed them.
4). Entitled only to such protection as may be provided by law.
No officer or employee in the Civil Service shall engage in any electioneering or in
partisan political activity
1) Cannot solicit votes in favor of a particular candidate.
2) Cannot give campaign contributions or distribute campaign materials.
3) BUT: Allowed to express views on political issues, and to mention the names of the
candidates whom he supports.
4) Prohibition does not apply to department secretaries
Right to organize
The right to organize does NOT include the right to strike
Sections 6-7. DISQUALIFICATIONS
Disqualifications
1) Losing candidates in any election
a). Cannot be appointed to any office in the government or GOCC's or their
subsidiaries
b). Period of disqualification: One (1) year after such election.
2) Elective officials
a). Not eligible for appointment or designation ANY CAPACITY to ANY PUBLIC
OFFICE or position during their tenure.
b). EXCEPTION: May hold ex officio positions.
Examples:
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Term:
1) Chairman -7 yrs; 3 Members - 7 yrs; 2 Members - 5 yrs; 1 Member - 3 yrs.
2) LIMITATION: Single term only: no reappointment allowed
3) Appointment to a vacancy: only for unexpired portion of predecessors term
4) No temporary appointments, or appointments in acting capacity
a). Thus, the President cannot designate an incumbent commissioner as
acting Chairman.
b). The choice of temporary chairman falls under the COMELECs
discretion.
Section 2. POWERS AND FUNCTIONS
Powers:
1) Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
(a) Ex: COMELEC can enjoin construction of public works within 45 days of an
election.
3) Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective
1. Regional,
2. Provincial, and
3. City officials
B. Appellate jurisdiction over all contests involving:
1. Elective municipal officials decided by trial courts of general jurisdiction
2. Elective barangay officials decided by trial courts of limited jurisdiction.
C. Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory, and
not appealable.
Exception: Appealable to the SC on questions of law.
D. Contempt powers
1. COMELEC can exercise this power only in relation to its adjudicatory
or quasi-judicial functions. It CANNOT exercise this in connection with
its purely executive or ministerial functions.
2. If it is a pre-proclamation controversy, the COMELEC exercises quasijudicial/administrative powers.
3. Its jurisdiction over contests (after proclamation), is in exercise of its
judicial functions.
E. The COMELEC may issue writs of certiorari, prohibition and mandamus in
exercise of its appellate jurisdiction. This is not an inherent power.
3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
Note: Questions involving the right to vote fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
a). This power is NOT limited to the election period.
b). Applies to both criminal and administrative cases.
5) Registration of political parties, organizations, or coalitions/accreditation of citizens
arms of the Commission on Elections.
a). The political parties etc. must present their platform or program of
government.
b). There should be sufficient publication
c). Groups which cannot be registered:
i. Religious denominations/sects
ii. Groups which seek to achieve their goals through violence or unlawful
means
iii. Groups which refuse to uphold and adhere to the Constitution
iv. Groups which are supported by any foreign government.
d). BUT: Political parties with religious affiliation or which derive their principles
from religious beliefs are registerable.
e). Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections
constitute interference in national affairs. If accepted, it is an additional
ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
of exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting elections frauds,
offenses and malpractices.
A. COMELEC has exclusive jurisdiction to investigate and prosecute cases for
violations of election laws.
B. COMELEC can deputize prosecutors for this purpose. The actions of the
prosecutors are the actions of the COMELEC
C. Preliminary investigation conducted by COMELEC is valid.
7)
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REVIEWER & MEMORY AID ATENEO
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Louie,
Carrie,parole,
Evelyn,
Gem, Ronald
Section 5. No pardon,
amnesty,
orThel,
suspension
of sentence for violation of
election laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6
Definition of Political Party
organized group of persons pursuing the same political ideals in a
government and includes its branches, and divisions
Importance of registration of a political party
1) Registration confers juridical personality on the party.
2) It informs the public of the party's existence and ideals.
3) It identifies the party and its officers for purposes of regulation by the COMELEC.
Section 7. No votes cast in favor of a political party, organization, or coalition
shall be valid, except for those registered under the party-list system as provided
in this Constitution.
Prohibition on block-voting
1) General rule: Block voting NOT allowed
2) EXCEPTION: those registered under the party-list system
Section 8. PARTY LIST SYSTEM
No Right to be Represented in Various Boards
Political parties, organizations, or coalitions registered under the party-list
system shall NOT be represented in the following:
1). Voters registrations boards,
2). Boards of election inspectors,
3). Boards of canvassers, or
4). Other similar bodies.
Poll Watchers
Political parties, etc. are entitled to appoint poll watchers in accordance with
law.
Section 10. Bona fide candidates for any public office shall be free from any form
of harassment and discrimination.
This section does not give candidates immunity from suit.
Discrimination includes unequal treatment in the availment of media facilities.
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3) If COA finds internal control system of audited agencies as inadequate, COA may
adopt measures, including temporary or special pre-audit, as may be necessary.
4) Keep the general accounts of the government, preserving vouchers and other
supporting papers pertaining thereto.
5) Exclusive authority to define the scope of COAs audit and examination and to
establish the techniques and methods required therefor.
6) Promulgate accounting and auditing rules and regulations.
A.
B.
Note:
1) The functions of COA can be classified as:
A.
B.
C.
D.
6) Prosecutors may still review accounts already settled and approved by COA for the
purpose of determining possible criminal liability. This is because COAs interest in
such accounts is merely administrative.
7) COA has the power to determine the meaning of public bidding and what
constitutes failure when regulations require public bidding for the sale of government
property.
Section 3. No law shall be passed exempting any entity of the Government or its
subsidiary in any guise whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit.
Provinces
Cities;
Municipalities; and
Barangays
5) Adjustments in IRA
A. Ground: Unmanageable public section deficit
B. President can make the necessary adjustments in the IRA upon the
recommendation of the following:
1. Department of Finance Secretary
2. DILG Secretary
3. DBM Secretary
6) IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
Section 7. SHARE OF LGUS IN NATIONAL WEALTH
Share of LGUs in national wealth
1) LGUs are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas in the manner
provided by law.
2) This includes share the same with the inhabitants by way of direct benefits.
Under the LGC
1) LGUs have a share of 40% of the gross collection derived by the national
government from the preceding fiscal year from
A. Mining taxes
B. Royalties
C. Forestry and fishery charges
D. Other taxes, fees and charges
E. Share in any co-production, joint venture or production sharing agreement in
the utilization and development of the national wealth w/in their territorial
jurisdiction
SEC. 8. TERM OF OFFICE
Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
1) No elective official shall serve for more than 3 consecutive terms
2) Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.
1) Foreign relations,
2) National defense and Security
3) Monetary Affairs
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources
Personal, family and property relations
Regional, urban, and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
Limitations:
1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction
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5.)
6.)
8.)
Judgment of Conviction
This requires the concurrence of 2/3 of all the Members of the Senate
9.)
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE OMBUDSMAN
Composition:
1.)
2.)
3.)
4.)
Ombudsman/Tanodbayan
Overall deputy
At least one Deputy each for Luzon, Visayas and Mindanao
Deputy for military establishment may be appointed
Qualifications: (Ombudsman and his deputies)
1.) Natural born citizen of the Philippines
2.) At least 40 years old at time of appointment
3.) Of recognized probity and independence
4.) Member of the Philippine bar
5.) Must not have been candidate for any elective office in the immediately
preceding election
6.) For Ombudsman: He must have been for ten years or more
a. A judge or
b. Engage in the practice of law in the Philippines
Disqualifications/Prohibitions (under Article IX, Section 2)
1.) Cannot hold any other office or employment during his tenure
2.) Cannot engage in the practice of any profession or in the active management or
control of any business which may be affected by the functions of his office
3.) Cannot be financially interested, directly or indirectly, in any contract with or in
any franchise or privilege granted by the Government, any of its subdivisions,
agencies or instrumentalities, including GOCCs or their subsidiaries
Appointment
1. Of Ombudsman and deputies
a. By the president from a list of at least 6 nominees prepared by the
Judicial and Bar Council. Vacancies will be filled from a list of 3 nominees
b. Appointments do NOT require confirmation
c. All vacancies shall be filled within 3 months after they occur.
2. Of other officials and employees of the Office of the Ombudsman
d. By the Ombudsman
e. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2. They are NOT qualified to run for any office in the election immediately succeeding
their cessation from office
Rank/Salaries:
1. The Ombudsman has the rank of Chairman of a Constitutional Commission
2. The Members have the rank of members of a Constitutional Commission
3. Their salaries cannot be decreased during their term of office.
Powers, Functions and Duties of the Office of the Ombudsman
1. Investigate on its own, or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to be
illegal, unjust, improper, or inefficient.
a. The SC held that the power to investigate and prosecute cases involving
public officers and employees has been transferred to the Ombudsman.
b. The Ombudsman may always delegate his power to investigate.
c. The power to investigate includes the power to impose preventive
suspension.
d. This preventive suspension is not a penalty.
e. INVESTIGATE does not mean preliminary investigation.
f. The complaint need not be drawn up in the usual form.
g. The ILLEGAL act or omission need not be in connection with the duties
of the public officer or employee concerned.
h. ANY illegal act may be investigated by the Ombudsman. In this regard,
the Ombudsmans jurisdiction is CONCURRENT with that of the regular
prosecutors.
2. Direct, upon complaint or at its own instance, any public official or employee of the
government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act of duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
a. The Ombudsman has PERSUASIVE POWER, and may require that
proper legal steps are taken by the officers concerned.
b. The public official or employee must be employed in:
(I).
The Government
(II).
Any subdivision, agency, or instrumentality thereof; or
(III).
GOCCs with original charters
c. The SC has held that the SP may prosecute before the
Sandiganbayan judges accused of graft and corruption, even if they
are under the Supreme Court.
3.) Direct the officer concerned to take the appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure,
or prosecution, and ensure compliance therewith.
a. The Ombudsman does NOT himself prosecute cases against public
officers or employees.
b. Final say to prosecute still rests in the executive department.
c. The Ombudsman or Tanodbayan may use mandamus to compel the
fiscal to prosecute.
4.) Direct the officer concerned, in any appropriate case, and subject to such limitations
as may be provided by law to furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or use of public funds
of properties, and report any irregularity to COA for appropriate action.
5.) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
6.) Public matters covered by its investigation when circumstances so warrant and with
due process
7.) Determine the cause of inefficiency, red tape, mismanagement, fraud and corruption
in the government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency
8.) Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law
Note: The Office of the Ombudsman also has the duty to act promptly on complaints
filed in any form or manner against public officials or employees of the government, or
any subdivision, agency or instrumentality including GOCCs and their subsidiaries. In
appropriate cases, it should notify the complainants of the action taken and the result
thereof.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal autonomy.
appropriations should be automatically and regularly released.
President
Vice-President
Members of the Cabinet
Members of Congress
Members of Supreme Court
Members of Constitutional Commissions
Ombudsman
Any firm or entity in which they have controlling interest
President
Vice-President
Members of the Cabinet
Members of Congress
Justices of the Supreme Court
Members of Constitutional Commissions
Other constitutional offices
Officers of the armed forces with general or flag rank
2. Dominium
a. The capacity of the State to own and acquire property.
b. It refers to lands held by the government in a proprietary character: can
provide for the exploitation and use of lands and other natural resources.
Scope:
The following are owned by the State:
1. Lands of the public domain:
Waters
Minerals, coals, petroleum, and other mineral oils;
All sources of potential energy;
Fisheries;
Forests or timber;
Wildlife;
Flora and fauna; and
Other natural resources.
Alienation of Natural Resources
1. General Rule: All natural resources CANNOT be alienated
2. Exception: Agricultural lands
Exploration, Development and Utilization of Natural Resources
1. Shall be under the full control and supervision of the State
2. Means
A. The state may DIRECTLY UNDERTAKE such activities
B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR
PRODUCTION-SHARING arrangements with
1. Filipino citizen or
2. Corporation or association at least 60% of whose capital is
owned by such citizens
3. Limitations:
A. Period: It should not exceed 25 years, renewable for not more than 25 years
B. Under terms and conditions as may be provided by law.
4. In case of water rights/water supply/fisheries/industrial uses other than the
development of water power
The beneficial use may be the measure and limit of the grant.
Small-scale Utilization of Natural Resources
1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino
citizens
2. Congress may also authorize cooperative fish farming with priority given to
subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons.
Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other
Mineral Oils
1. The President may enter into agreements with foreign owned corporations involving
technical or financial assistance for large-scale exploration etc. of minerals,
petroleum, and other mineral oils. These agreements should be in accordance with
the general terms and conditions provided by law.
2. They should be based on the real contributions to economic growth and general
welfare of the country.
3. In the agreements, the State should promote the development and use of local
scientific and technical resources.
4. The President should notify Congress of every contract under this provision within 30
days from its execution.
5. Management and service contracts are not allowed under this rule.
Protection of Marine Wealth
1. The State shall protect its marine wealth in its
Archipelagic waters
Territorial sea &
EEZ
2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.
Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
1.
2.
3.
4.
Agricultural
Forest/timber
Mineral lands &
National Parks
Note:
1. Classification of public lands is an exclusive prerogative of the Executive Department
through the Office of the President, upon recommendation by the DENR.
2. Classification is descriptive of the legal nature of the land and NOT what it looks like.
Thus, the fact that forest land is denuded does not mean it is no longer forest land.
Alienable lands of public domain
1. Only agricultural lands are alienable.
2. Agricultural lands may be further classified by law according to the uses to which they
may be devoted.
Limitations regarding Alienable Lands of the Public Domain
1. For private corporations or associations
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Note: A corporation sole is treated like other private corporations for the purpose of
acquiring public lands.
2. For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant
Taking into account the requirements of conservation, ecology and development, and
subject to the requirements of agrarian reform, Congress shall determine by law the size
of the lands of the public domain which may be acquired, developed, held or lease and
the conditions therefore.
3. ANCESTRAL DOMAIN
A. It refers to lands which are considered as pertaining to a cultural region
B. This includes lands not yet occupied, such as deep forests.
Section 7. PRIVATE LANDS
General rule
1. Private lands CAN only be transferred or conveyed to:
A. Filipino citizens
B. Corporations or associations incorporated in the Philippines, at least 60% of
whose capital is owned by Filipino citizens
2. Exceptions
A. In intestate succession, where an alien heir of a Filipino is the transferee of
private land.
B. A natural born citizen of the Philippines who has lost his Philippine citizenship
may be a transferee of PRIVATE ALND, subject to limitation provided by law.
Hence, land can be used only for residential purposes. In this case, he only
acquires derivative title.
C. Foreign states may acquire land but only for embassy and staff residence
purposes.
3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of
citizenship after acquiring the land does not deprive ownership.
4. Restriction against aliens only applies to acquisition of ownership. Therefore:
A. Aliens may be lessees or usufructuaries of private lands
B. Aliens may be mortgages of land, as long as they do not obtain possession
thereof and do not bid in the foreclosure sale.
5.
Land tenure is not indispensable to the free exercise of religious profession and
worship. A religious corporation controlled by non-Filipinos cannot acquire and own
land, even for religious purposes.
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Public utility
1. In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
2. Thus, a Build-Operate-Transfer grantee is NOT a public utility. The BOT grantee
merely constructs the utility, and it leases the same to the government. It is the
government which operates the public utility (operation separate from ownership).
To whom granted:
1. Filipino citizens or
2. Corporations or associations incorporated in the Philippines and at least 60% of the
capital is owned by Filipino citizens.
Terms and conditions:
1. Duration: Not more than 50 years
2. Franchise is NOT exclusive in character
3. Franchise is granted under the condition that it is subject to amendment, alteration, or
repeal by Congress when the common good so requires.
Participation of Foreign Investors
1. The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital.
2. Foreigners cannot be appointed as the executive and managing officers because
these positions are reserved for Filipino citizens.
Section 16. FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
1. Private corporations
Congress can only provide for the formation, etc of private corporations through a
general law.
2. GOCCs
They may be created by:
a. Special charters in the interest of the common good and subject to the test
of economic viability.
b. By incorporation under the general corporation law.
Sections 18-19. SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
1. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected
with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
1. Filipino citizens; or
2. Corporations incorporated in RP, with
60% Filipino ownership
1. Filipino citizens; or
2. Corporations incorporated in RP, with
60% Filipino ownership
1. Filipino citizens;
2. Corporations incorporated in RP, with
60% Filipino ownership;
3. Former natural-born citizens of RP, as
transferees,
with
certain
legal
restrictions; and
4. Alien heirs as transferees in case of
intestate succession.
Mass Media
1. Filipino citizens; or
2. Corporations incorporated in RP, and
100% Filipino owned
Advertising
1. Filipino citizens; or
2. Corporations incorporated in RP, and
70% Filipino owned.
Educational institution
1. Filipino citizens; or
2. Corporations incorporated in RP, with
60% Filipino ownership
EXCEPT: Schools established by religious
groups and mission boards.
*Congress may, by law, increase Filipino
equity requirements for ALL educational
institutions.
Agrarian Reform
Goals:
Agrarian reform must aim at
1) efficient production,
2) a more equitable distribution of land which recognizes the right of farmers and regular
farmworkers who are landless to own the land they till, and
3) a just share of other or seasonal farmworkers in the fruits of the land.
To the extent that the law prescribes retention limits for landowners, there is an
exercise of police power. But where it becomes necessary to deprive owners of their
land in excess of the maximum allowed there is compensable taking and therefore
the exercise of eminent domain.
Powers:
1) Investigate all forms of human rights violations involving civil or political rights
A. Violations may be committed by public officers or by civilians or rebels.
B. CHR cannot investigate violations of social rights.
C. CHR has NO adjudicatory powers over cases involving human rights violations.
D. They cannot investigate cases where no rights are violated.
E. Example: There is no right to occupy government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a human rights violation.
2) Adopt operational guidelines and rules of procedure.
3) Cite for contempt for violations of its rules, in accordance with the Rules of Court.
4) Provide appropriate legal measures for the protection of the human rights of all
persons, within the Philippines, as well as Filipinos residing abroad, and provide
for preventive measures and legal aid services to the underprivileged whose
human rights have been violated or need protection.
A. CHR can initiate court proceedings on behalf of victims of human rights violations.
B. They can recommend the prosecution of human rights violators, but it cannot itself
prosecute these cases.
C. BUT: The CHR cannot issue restraining orders or injunctions against alleged
human rights violators. These must be obtained from the regular courts.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
6) Establish continuing programs for research, education and information in order to
enhance respect for the primacy of human rights.
7) Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.
8) Monitor compliance by the government with international treaty obligations on human
rights.
9) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any CHR investigation.
10) Request assistance from any department, bureau, office, or agency in the
performance of its functions.
11) Appoint its officers and employers in accordance with law.
12) Perform such other functions and duties as may be provided for by law.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body
may sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State
when it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the
scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a
governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a
governmental
function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC,
the latter can generally be sued, even if its charter contains no
express sue or be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations
and have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special
deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount
to pay a valid government obligation, then the money can be garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the State will
ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out
of the public treasury unless pursuant to an appropriation made by law.
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary
legislative power.
The only reason Congress can exercise such power is that the Constitution has
granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should
initiate amendments and revisions is left to the discretion of Congress. In
other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because
the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its
ordinary legislative power - may supply such details.
But in so doing,
Congress (as legislature) should not transgress the resolution of Congress
acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to
appropriate money for their expenses. Money may be spent from the
treasury only to pursuant to an appropriation made by law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL
registered voters.
2) Every legislative district represented by at least 3% of the registered voters
therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is
not subject to judicial review, the manner the proposals are made is subject to
judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the
courts may determine whether the assembly has acted in accordance with the
Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for
ratification.
P O L I T I C A L L A W ( C ONSTITUTIONAL L A
W)
REVIEWER & MEMORY AID ATENEO
CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
100
1001
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the
approval of such amendments or revisions.
2) Amendments proposed by the people via initiative:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the
certification by COMELEC of the petition's sufficiency.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be
submitted to the people in a special election. Thus, they may be submitted for
ratification simultaneously with a general election.
b) The
determination
of
the
conditions
under
which
proposed
amendments/revisions are submitted to the people falls within the legislative
sphere. That Congress could have done better does not make the steps
taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies
must be submitted for ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
d) Presidential
proclamation
is
NOT
required
for
effectivity
of
amendments/revisions, UNLESS the proposed amendments/revisions so
provide.