Professional Documents
Culture Documents
P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
Definition of Archipelago
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:
23 The definition of internal waters (as provided above);
24 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.
Selected principles
23 A Community of persons;
24 Sufficient in Number;
25 Capable of maintaining the continued existence of the community; and
26 Held together by a common bond of law.
Definition of “Sovereignty”
23 LEGAL sovereignty
23 The supreme power to make law.
24 It is lodged in the people.
24 POLITICAL sovereignty
23 The sum total of all the influences in a state,
24 Legal and non-legal,
25 Which determine the course of law.
Definition of “Government”
Classification of governments
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
This merely emphasizes that the Philippines has some aspects of direct democracy such
as initiative and referendum.
23 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)
24 The right of a country to establish military commissions to try war criminals (Kuroda
v. Jalondoni, 83 Phil. 171)
25 The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
This does not mean automatic diplomatic recognition of all nations. Diplomatic
recognition remains a matter of executive discretion.
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.
23 Civilian authority simply means the supremacy of the law because authority, under
our constitutional system, can only come from law.
24 Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)
5888 Positively, this clause singles out the military as the guardian of the people
and of the integrity of the national territory and therefore ultimately of the majesty of
the law.
5889 Negatively, it is an expression of disapproval of military abuses.
SEC 4. The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and order, the protection of life, liberty and
property, and the promotion of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
SEC. 7. The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
S EC. 8. The Philippines, consistent with the national interest, adopts and pursues
a policy of freedom from nuclear weapons in its territory.
24 The policy does NOT prohibit the peaceful uses of nuclear energy.
SEC. 12. The State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn from conception. etc.
SEC. 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
5888 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)
5889 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.
BILL OF RIGHTS
The Bill of rights is a guarantee that there are certain areas of a person’s
life, liberty and property which governmental power may not touch.
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
The rights in the Bill of Rights are sometimes referred to as natural laws
and as being founded on natural right and justice.
To the law of force rather than the force of law, it is necessary to remind
ourselves that certain basic rights and liberties are immutable
(unchangeable) and cannot be sacrificed to the transient needs or
imperious demands of the ruling power. The rule of law must prevail or
else liberty will perish.
For the proper defense and protection of freedom, a political institution must
possess power. Hence, government becomes the delicate art of balancing the power of
government and the freedom of the governed.
POLICE POWER
The power of the state to regulate liberty and property for the promotion
of the general welfare.
The person’s acts and acquisitions are hemmed in the police power.
Police power rests upon public necessity and upon the right of the state
and of the public to self – protection.
Except for police power and power of taxation, only the power of
expropriation may be exercised by public and private corporations.
POWER OF TAXATION
The state is able to demand from the members of society their
proportionate share or contribution in the maintenance of the government.
Right to life
The constitutional protection to life is not just a protection of the right to be alive
or to the security of one’s limb against physical harm. The right to life is the right to a
good life.
Right to liberty
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
Includes that right to exist and the right to be free from arbitrary restraint
or servitude.
The right to enjoy the faculties to which he has been endowed by his
Creator, subject only to such restraints as are necessary for the common
welfare.
The chief elements to the guarantee are the right to contract, the right to
choose ones employment, the right to labor and the right to locomotion.
Right to property
Protected property include all kinds of property found in the Civil Code. It
has been deemed to include vested rights.
Example:
0 The right to labor, such that an employee may not be removed without
giving due process; and
1 The right to public office.
Property and property rights can be lost through prescription; but human
rights are imprescriptible. If human rights are extinguished by the
passage of time, then the Bill of Rights us a useless attempt to limit the
power of government and ceases to be an efficacious shield against
tyranny of officials, of majorities, of the influential and powerful, and of
oligarchs.
Property is not a basic right. Property has an intimate relation with life and
liberty.
Protection of property was a primary object of the social compact and that
the absence of such protection could well lead to anarchy and tyranny.
Property is an important instrument for the preservation and
enhancement of personal dignity.
23 The right to a hearing, which includes the right to present one’s case
and submit evidence in support thereof.
24 The tribunal must consider the evidence presented.
25 The decision must have something to support itself.
26 Evidence supporting the conclusion must be substantial.
27 The decision must be based on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties
affected.
28 The tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision.
29 The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.
Note:
23 What is required is not actual hearing, but a real opportunity to be heard.
24 The requirement of due process can be satisfied by subsequent due
hearing.
25 Violation of due process: when same person reviews his own decision on
appeal.
26 Notice and hearing are required in judicial and quasi-judicial
proceedings, but not in the promulgation of general rule.
Note:
23 The school has a contractual obligation to afford its students a fair
opportunity to complete the course a student has enrolled for.
24 Exceptions:
25 Serious breach of discipline; or
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 Failure to maintain the required academic standard.
24 Proceedings in student disciplinary cases may be summary; cross-
examination is not essential
The equality that it guarantees is legal equality or the equality of all persons before the
law. It does not demand absolute equality. It merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to privileges conferred
and liabilities enforced.
Requisites for valid classification for purposes of the equal protection clause
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
Probable cause refers to such facts and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested.
Probable cause would mean such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense are in the
place to be searched.
Note: Probable cause for the issuance of a search warrant does NOT require that the
probable guilt of a specific offender be established, unlike in the case of a warrant of
arrest.
Existence of probable cause “DETERMINED PERSONALLY BY THE JUDGE”
The judge is NOT required to personally examine the complainant and his witnesses.
What the Constitution underscores is the exclusive and personal responsibility of the
issuing judge to satisfy himself of the existence of probable cause (Soliven v. Makasiar,
167 SCRA 394).
To be sure, the Judge must go beyond the prosecutor’s certification and investigation
report whenever necessary (Lim v. Felix).
Procedure:
0 The judge personally evaluates the report and supporting documents submitted by
the fiscal regarding the existence of probable cause and, on the basis thereof, issue
a warrant of arrest or
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 If on the basis thereof, the judge finds no probable cause, he may disregard the
fiscal’s report and require the submission of supporting affidavits of witnesses to aid
him in arriving at the conclusion as to the existence of probable cause.
23 The oath required must refer to the truth of the 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).
24 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).
23 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
24 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
25 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).
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.
1 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
23 Seizure of goods concealed to avoid customs duties/authorized under the Tariffs and
Customs Code
0 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.
1 Exception: A search warrant is required for the search of a dwelling house.
2 Searches under this exception include searches at borders and ports of entry.
Searches in these areas do not require the existence of probable cause
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
0 To be a valid warrantless search, the articles must be open to the eye and
hand.
1 The peace officer comes upon them inadvertently.
24 Waiver of right
Note:
23 Checkpoints: as long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle is limited to a
visual search = valid search (Valmonte V. De Villa)
24 Carroll rule: warrantless search of a vehicle that can be quickly moved out
of the locality or jurisdiction
25 The 1987 Constitution has returned to the 1935 rule that warrants may be
issued only by judges, but the Commissioner of Immigration may order the
arrest of an alien in order to carry out a FINAL deportation order.
24 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.
25 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.
27 Hot pursuit
0 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.
1 There must be no supervening event which breaks the continuity of the chase.
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
When a policeman observes suspicious activity which leads him to believe that a
crime is about to be committed, he can investigate the suspicious looking person and
may frisk him for weapons as a measure of self-protection. Should he find, however,
a weapon on the suspect which is unlicensed, he can arrest such person then and
there for having committed an offense in the officer’s presence.
23 The law does not distinguish between a party to the private communication or a third
person. Hence, both a party and a third person could be held liable under R.A. 4200
if they commit any of the prohibited acts under R.A. 4200 (Ramirez v. Ca)
Exclusionary rule:
Any evidence obtained shall be inadmissible for any purpose in any proceeding.
However, in the absence of governmental interference, the protection against
unreasonable search and seizure cannot be extended to acts committed by private
individuals. (People v. Martin)
Protected speech includes every form of expression, whether oral, written, tape or disc
recorded. It includes motion pictures as well as what is known as symbolic speech such
as the wearing of an armband as a symbol of protest. Peaceful picketing has also been
included within the meaning of speech.
Prohibitions under Section 4
23 Prior restraint means official governmental restrictions on the press or other forms of
expression in advance of actual publication or dissemination.
24 Examples/forms of prior restraint
0 movie censorship
1 judicial prior restraint = injunction against publication
2 license taxes based on gross receipts for the privilege of engaging in the
business of advertising in any newspaper
3 flat license fees for the privilege of selling religious books
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 During a war. Ex. Government can prevent publication about the number/locations
of its troops (Near v. Minnesota, 238 US 697)
24 Obscene publications.
TEST CRITERION
1. Dangerous Tendency Test There shouldbe a RATIONAL
CONNECTION between the speech and the
evil apprehended.
2. Clear and Present Danger Test There should be a clear and present danger
that the words when used under such
circumstances are of such a nature as to
create a CLEAR AND PRESENT DANGER
that they will bring about the substantive
evils that the State has a right to prevent.
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
24 To enjoy protection:
0 It must not be false or misleading; and
1 It should not propose an illegal transaction.
23 LIBEL
0 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 one’s
opinion on decisions and actions.
23 OBSCENITY
23 The standards for allowable impairment of speech and press also apply to the right
of assembly and petition.
0 Applicant should inform the licensing authority of the date, the public
place where and the time when the assembly will take place.
1 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.
2 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.
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.
23 Non-establishment clause
24 Free exercise of Religion
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 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 non-
establishment 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.
24 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.
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.
Curtailment of rights:
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.
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.
Government employees have the right to form unions. They also have the right to strike,
unless there is a statutory ban on them.
Section 9. Private property shall not be taken for public use without just
compensation.
It is only necessary when the owner does not want or opposes the sale of his property.
Thus, if a valid contract exists between the government and the owner, the government
cannot exercise the power of eminent domain as a substitute to the enforcement of the
contract.
"TAKING"
A. Elements: CODE: E P A P O
23 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"
"JUST COMPENSATION"
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.
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 If it changes the terms and conditions of a legal contract either as to the time or
mode of performance
24 If it imposes new conditions or dispenses with those expressed
25 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.
23 During a police line-up. Exception: Once there is a move among the investigators to
elicit admissions or confessions from the suspect.
24 During administrative investigations.
25 Confessions made by an accused at the time he voluntarily surrendered to the police
or outside the context of a formal investigation.
26 Statements made to a private person.
Exclusionary rule
23 The right to bail shall NOT be impaired even when the privilege of the writ of habeas
corpus is suspended.
24 Excessive bail shall not be required.
23 The person claiming the right must be in actual detention or custody of the law.
24 The constitutional right is available only in criminal cases, not, e.g. in deportation
proceedings.
Note:
23 Right to bail is not available in the military.
24 Apart from bail, a person may attain provisional liberty through recognizance.
“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.
2 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.
24 Right to counsel
23 To furnish the accused with a description of the charge against him as will enable
him to make his defenses
24 To avail himself of his conviction or acquittal against a further prosecution for the
same cause
25 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.
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
Factors used in determining whether the right to a speedy trial has been violated
If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim
double jeopardy. This would be the effect even if the dismissal was made with the
consent of the accused
Remedy of the accused if his right to speedy trial has been violated
The attendance at the trial is open to all irrespective of their relationship to the accused.
However, if the evidence to be adduced is “offensive to decency or public morals”, the
public may be excluded.
The right of the accused to a public trial is not violated if the hearings are conducted on
Saturdays, either with the consent of the accused or if failed to object thereto.
Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
While the rights of an accused only apply to the trial phase of criminal cases, the right to
a speedy disposition of cases covers ALL phases of JUDICIAL, QUASI-JUDICIAL or
ADMINISTRATIVE proceedings.
A question tends to incriminate when the answer of the accused or the witness would
establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
23 An accused can refuse to take the witness stand by invoking the right against self-
incrimination.
24 An ordinary witness cannot refuse to take the stand. He can only refuse to answer
specific questions which would incriminate him in the commission of an offense.
Scope of right
23 In criminal cases
24 In administrative proceedings if the accused is liable to a penalty (Ex. Forfeiture of
property)
Exceptions:
23 Punishment for a crime for which the party has been duly convicted
24 Personal military or civil service in the interest of national defense
25 Return to work order issued by the DOLE Secretary or the President
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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23 A penalty is cruel and inhuman if it involves torture or lingering suffering. Ex. Being
drawn and quartered.
24 A penalty is degrading if it exposes a person to public humiliation. Ex. Being tarred
and feathered, then paraded throughout town.
Standards used:
Excessive fine
Note: Fr. Bernas says that the accused cannot be convicted of the crime to which the
punishment is attached if the court finds that the punishment is cruel, degrading or
inhuman.
Reason: Without a valid penalty, the law is not a penal law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
24 Thus, if an accused fails to pay the fine imposed upon him, this may result in his
subsidiary imprisonment because his liability is ex delicto and not ex contractu.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act.
Requisites for a valid defense of double jeopardy: CODE: ATS
23 A person is charged
24 Under a complaint or information sufficient in form and substance to sustain a
conviction
25 Before a court of competent jurisdiction
26 After the person is arraigned
27 Such person enters a valid plea.
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23 Acquittal
24 Conviction
25 Dismissal W/O the EXPRESS consent of the accused
26 Dismissal on the merits.
What are considered to be the “SAME OFFENSE”: (under the 1st sentence of
Section 21)
23 Exact identity between the offenses charged in the first and second cases.
24 One offense is an attempt to commit or a frustration of the other offense.
25 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.
SUPERVENING FACTS
23 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:
23 The graver offense developed due to a supervening fact arising from the
same act or omission constituting the former charge.
24 The facts constituting the graver offense became known or were discovered
only after the filing of the former information.
25 The plea of guilty to the lesser offense was made without the consent of the
fiscal and the offended party.
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REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
23 Under (1)(b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecution’s incompetence, it would not be considered a
supervening event.
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.
23 One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
24 One which aggravates the crime or makes it greater than when it was committed.
25 One which changes the punishment and inflicts a greater punishment than that
which the law annexed to the crime when it was committed.
26 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.
27 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.
28 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.
24 The bill of attainder does not need to be directed at a specifically named person. It
may also refer to easily ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial.
ARTICLE IV – CITIZENSHIP
Who are citizens of the Philippines?
23 Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution
24 Those whose fathers or mothers are citizens of the Philippines.
25 Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
26 Those who are naturalized in accordance with law.
Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the
age of majority. Under the 1973 Constitution, however, children born of Filipino mothers
were already considered Filipinos. Therefore, the provision on election of citizenship
under the 1987 Constitution only applies to those persons who were born under the
1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must
have been Filipinos at the time of their marriage. So, if your mother was a Filipina who
married an alien under the 1935 constitution and you were born before January 17,
1973, you can elect Filipino citizenship upon reaching the age of majority.
The election must be made within a reasonable period after reaching the age of majority.
Effects of naturalization:
23 The legitimate minor children of the naturalized father become Filipinos as well.
24 The wife also becomes a Filipino citizen, provided that she does not have any
disqualification which would bar her from being naturalized.
Natural-born citizens:
23 Citizens of the Philippines from birth who do not need to perform any act to acquire
or perfect their Philippine citizenship.
24 Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the
same via repatriation proceedings. This involves taking an oath of allegiance and filing
the same with the civil registry.
ARTICLE V – SUFFRAGE
Residency requirement
Disqualifications:
0 Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
1 Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
2 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.
SEC. 1. The legislative power shall be vested in the Congress of the Philippines,
which shall consist of a Senate and a House of Representatives, except to the
extent reserved to the people by the provision on initiative and referendum.
Note:
The original legislative power of the people is exercised via initiative and referendum. In
this manner, people can directly propose and enact laws, or approve or reject any act or
law passed by Congress or a local government unit.
1 Procedural – limitations on the manner of passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative power
is plenary.
23 Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and
limited only by the Constitution, any attempt to limit the powers of future Congresses
via an irrepealable law is not allowed.
24 Congress, as a general rule, cannot delegate its legislative power. Since the people
have already delegated legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Qualifications
23 Natural-born citizen;
24 At least 35 years old on the day of election;
25 Able to read and write;
26 A registered voter; and
27 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:
Term Limitations:
Composition:
23 They shall be elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
24 Legislative districts are apportioned in accordance with the number of inhabitants of
each area and on the basis of a uniform and progressive ratio.
Qualifications
Term of Office
23 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.
24 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
23 Definition
23 Terms means the period during which the elected officer is legally authorized
to assume his office and exercise the powers thereof.
24 Tenure is the actual period during which such officer actually holds his
position.
24 Limitation/Possible Reduction
23 Term CANNOT be reduced.
24 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.
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Party-List Representatives
5888 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)
5889 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.
5891 Qualifications
Determination of 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.’
23 No member shall be questioned or held liable in any forum other than his/her
respective Congressional body for any debate or speech in the Congress or in
any Committee thereof.
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23 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.
24 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.
25 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.
Disqualifications:
Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise
provided for by law)
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the
next regular session, excluding Saturdays, Sundays, and legal holidays.
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Special Sessions:
Election of Officers
Quorum to do business:
23 Majority of each House shall constitute a quorum.
24 A smaller number may adjourn from day to day and may compel the attendance of
absent members.
25 In computing a quorum, members who are outside the country and thus outside of
each House’s coercive jurisdiction are not included.
Internal Rules:
Discipline:
1.) Suspension
Concurrence of 2/3 of ALL its members and
Shall not exceed 60 days.
2.) Expulsion
a. Concurrence of 2/3 of ALL its members.
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.
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
Note: The congressional members of the ET’s 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.
1.) Since the ET’s are independent constitutional bodies, independent even of the House
from which the members are respectively taken, neither Congress nor the Courts
may interfere with procedural matters relating to the functions of the ET’s, such as
the setting of deadlines or filing their election contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from
their positions in the tribunal by the parties which they represent. Neither may they
be removed for not voting according to party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET
are those which are sought to be disqualified due to the filing of an election contest
against them does not warrant all of them from being disqualified from sitting in the
ET. The Constitution is quite clear that the ET must act with both members from the
SC and from the Senate or the House. If all the legislator-members of the ET were to
be disqualified, the ET would not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
decision or resolution was rendered without or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due process.
Composition:
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the following
positions:
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.
Meetings of the CA
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.
Scope:
Either House or any of their committees may conduct inquires ‘in aid of legislation’.
“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.
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:
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.
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.
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.
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.
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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:
The inquiry must be conducted in accordance with the ‘duly published rules of
procedure’ of the House conducting the inquiry; and
The rights of persons appearing in or affected by such inquiries shall be respected. Ex.
The right against self-incrimination.
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.
23 Upon their own initiative, with the consent of the President (and that of the
House concerned); or
24 Upon the request of either House (which cannot compel them to attend)
Emergency powers:
During times of war or other national emergency, Congress may, BY LAW, authorize the
President to exercise powers necessary and proper to carry out a declared national
policy.
Limitations:
23 Powers will be exercised for a limited period only; and
24 Powers will be subject to restrictions prescribed by Congress
Expiration of emergency powers
23 By resolution of Congress or
24 Upon the next adjournment of Congress
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
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Appropriation bills
The primary and specific aim of an appropriation bill is to appropriate a sum of money
from the public treasury.
BUT: A bill creating a new office, and appropriating funds therefor is NOT an
appropriation bill.
Revenue Bill
A revenue bill is one specifically designed to raise money or revenue through imposition
or levy.
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.
A bill of local application, such as one asking for the conversion of a municipality into a
city, is deemed to have originated from the House provided that the bill of the House was
filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its
own version.
Limitations:
25 The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
26 A special appropriations bill must specify the purpose for which it is intended and
must be supported by funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue proposal therein.
27 Transfer of appropriations:
23 Rule: No law shall be passed authorizing any transfer of appropriations
24 BUT the following may, BY LAW, be authorized to AUGMENT any item in
the general appropriations law for their respective offices from savings in
other items of their respective appropriations
0 President
1 President of the Senate
2 Speaker of the House of Representatives
3 Chief of Justice of the Supreme Court
4 Heads of the Constitutional Commissions
29 If Congress fails to pass General Appropriations Bill (GAB) by the end of any
fiscal year:
23 Every bill shall embrace only one (1) subject, as expressed in the title thereof
23 As a mandatory requirement
25 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.
24 Readings
In order to become a law, each bill must pass three (3) readings in both Houses.
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.
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.
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.
Every bill, in order to become a law, must be presented to and signed by the President.
If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.
The President must communicate his decision to veto within 30 days from the date of
receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act
on the bill.
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.
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Item veto
23 The President may veto particular items in an appropriation, revenue or tariff bill.
24 This veto will not affect items to which he does not object.
25 Definition of item
Veto of RIDER
No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without
the SC’s advice and concurrence.
Limitations:
23 Tariff rates
24 Import and Export Quotas
25 Tonnage and wharfage dues
26 Other duties and imposts
Within the framework of the national development program of the Government
The exercise of such power by the President shall be within the specified limits fixed by
Congress and subject to such limitations and restrictions as it may impose.
23 Charitable institutions
24 Churches, and parsonages or convents appurtenant thereto
25 Mosques
26 Non-profit cemeteries; and
27 All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
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Limitations.
25 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.
26 ALSO, the temporary use of public property for religious purposes is valid, as
long as the property is available for all religions
Special Funds
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.
Required Petition
Scope:
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.
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.
BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
Note: The Vice-President has 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.
Manner of Election
The President and Vice-President shall be elected by direct vote of the people.
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.
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.
The Congress, after determining the authenticity and due execution of the certificates,
shall canvass the votes.
The person receiving the highest number of votes shall be proclaimed elected.
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.
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.
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Term of Office
President
24 Term limitation: Single term only; not eligible for any reelection.
25 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.
Vice-President:
25 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.
VACANCY SUCCESSOR
President-elect fails to qualify or to be VP-elect will be Acting President until
chosen someone is qualified/chosen as President.
President-elect dies or is permanently VP becomes President.
disabled.
Both President and VP-elect are not 1. Senate President or
chosen or do not qualify or both die, or 2. In case of his inability, the Speaker of
both become permanently disabled. 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.
VACANCY SUCCESSOR
President dies, is permanently disabled, is Vice-President becomes President for the
impeached, or resigns. unexpired term.
Both President and Vice-President die, 1. Senate President or
become permanently disabled, are 2. In case of his inability, the Speaker of
impeached, or resign. the House shall act as President until
the President or VP shall have been
elected and qualified.
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Vacancy in office of Vice-President during the term for which he was elected:
23 President will nominate new VP from any member of either House of Congress.
24 Nominee shall assume office upon confirmation by majority vote of ALL members
of both Houses, voting separately. (Nominee forfeits seat in Congress)
23 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.
24 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.
25 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.
26 The 3 readings for the special law need not be held on separate days.
27 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.
The temporary inability of the President to discharge his duties may be raised in
either of two ways:
Presidential Illness:
24 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
46
55
53
23
56 Section 13.
DISQUALIFICATIONS SUBJECT 54 SOURCE OF
24 25 Vice-President,
President,
26 Prohibited
Cabinet from: Deputies or 1. Holding any office or employment
Members,
during their
27 Assistants of 28 ten
32 3. Participating in
any business;
33 4. Being financially interested in any
contract with, or in any franchise, or special privilege
granted by the government or any subdivision, agency
or instrumentality thereof, including GOCC's or their
subsidiaries.
Scope:
27 N.B. President also appoints members of the Supreme Court and judges of
the lower courts, but these appointments do not need CA confirmation.
All other officers whose appointments are not otherwise provided for by law; and those
whom he may be authorized by law to appoint.
This includes the Chairman and members of the Commission on Human Rights,
whose appointments are provided for by law NOT by the Constitution.
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.
Procedure:
CA confirmation needed:
23 Nomination by President
24 Confirmation by CA
25 Appointment by President; and
26 Acceptance by appointee.
Note: At any time before all four steps have been complied with, the President can
withdraw the nomination/appointment.
No CA confirmation:
23 Appointment; and
24 Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
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Ad-interim appointments:
When Congress is in recess, the President may still appoint officers to positions subject
to CA confirmation.
These appointments are effective immediately, but are only effective until they are
disapproved by the CA or until the next adjournment of Congress.
Appointments to fill an office in an ‘acting’ capacity are NOT ad-interim in nature and
need no CA approval.
These shall remain effective UNLESS revoked by the elected President within 90 days
from his assumption or re-assumption of office.
Limitation
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.”
EXCEPTION:
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 President’s power over government- owned corporations comes not from the
Constitution but from statute. Hence, it may be taken away by statute.
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.
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.
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.
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Disciplinary Powers:
The power of the President to discipline officers flows from the power to appoint the, and
NOT from the power control.
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:
This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.
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.
The power of supervision does not include the power of control; but the power of control
necessarily includes the power of supervision.
Scope:
Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
23 Lawless violence;
24 Invasion; or
25 Rebellion.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
Grounds
23 Invasion or
24 Rebellion; and
25 Public safety requires it.
Limitations:
Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
In the same manner, at the President’s initiative, Congress can extend the same
for a period determined by Congress if:
Note: While the suspension of the privilege of writ and the proclamation of martial law is
subject to judicial review, the actual use by the President of the armed forces is not.
Thus, troop deployments in times of war is subject to the President’s judgment and
discretion.
Scope:
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.
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Louie, Carrie, Evelyn, Thel, Gem, Ronald
Limitations:
1.) As to scope:
Cannot be granted:
2.) As to effect:
Amnesty:
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.
AMNESTY PARDON
Addressed to POLITICAL offenses Addressed to ORDINARY offenses
Granted to a CLASS of persons Granted to INDIVIDUALS
Need not be accepted Must be accepted
Requires concurrence of majority of No need for Congressional concurrence
all members of Congress
A public act. Subject to judicial notice Private act of President. It must be proved.
Extinguishes the offense itself Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional does
not.
Civil indemnity is not extinguished.
May be granted before or after Only granted after conviction by final
conviction judgement
Section 20. Power to Contract or Guarantee Foreign
Loans Limitations:
The President may contract or guarantee foreign loans on behalf of the Republic of the
Philippines with the prior concurrence of the Monetary Board; and
Note: While our municipal law makes a distinction between international agreements
and executive agreements, with the former requiring Senate approval and the latter not
needing the same, under international law, there is no such distinction.
23 Philippine court:
Treaty will always prevail. A State cannot plead its municipal law to justify
noncompliance with an international obligation.
Power to receive ambassadors and other public ministers accredited to the Philippines.
Scope:
Vested in the Supreme Court and such lower courts as may be established by law.
Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt
to assume or be compelled to perform non-judicial functions. They may not be
charged with administrative functions except when reasonably incidental to the
fulfillment of their duties.
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In order that courts may exercise this power, there must exist the following:
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.
23 The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
Political Questions:
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.
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.
Defining enforceable and demandable rights and prescribing remedies for violations of
such rights; and
Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
various courts.
BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided
for in the Constitution.
Creation and abolition of courts:
23 The power to create courts implies the power to abolish and even re-
organize courts.
24 BUT this power cannot be exercised in a manner which would undermine
the security of tenure of the judiciary.
25 If the abolition/re-organization is done in good faith and not for political or
personal reasons, then it is VALID. (same rule applies for civil servants)
Note: Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.
The Judicial and Bar Council is under the supervision of the SC.
Note: The last four re the regular members of the JBC. Regular members are appointed
by the President with CA approval. Regular members serve for 4 years, with staggered
terms.
Functions of JBC
Members of the SC and judges of the lower courts hold office during good behavior until
23 The age of 70 years old; or
24 They become incapacitated to discharge their duties.
Removal of SC Justices:
23 Only by IMPEACHMENT.
24 Cannot be disbarred while they hold office.
Hearing of cases:
En banc; or
Divisions of 3, 5, or 7.
Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC
en banc or by a division.
Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon.
Majority vote in a division should be at least 3 members.
Powers of the SC
SC has APPELLATE jurisdiction over final judgments and orders in the following:
Criminal cases where the penalty imposed is reclusion perpetua or higher; and
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of
the judge concerned.
Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service
Law.
Exercise administrative supervision over ALL courts and the personnel thereof.
Reached in consultation before being assigned to a member for the writing of the
opinion.
A certification to this effect must be signed by the Chief Justice and attached to the
record of the case and served upon the parties.
Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA,
and the Sandiganbayan).
JUDICIAL REVIEW
Definition
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites Code: [A R S Co R]
Decisions MUST state clearly and distinctly the facts and the law on which it is based.
Refusal to give due course to petitions for review and motions for reconsideration must
state the legal basis for such refusal.
Memorandum decisions, where the appellate court adopts the findings of fact and law of
the lower court, are allowed as long as the decision adopted by reference is attached
to the Memorandum for easy reference.
These rules only apply to courts. They do not apply to quasi-judicial or administrative
bodies nor to military tribunals.
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Commissions:
Why Independent?
They perform vital functions of government. Their integrity is protected by the fact that
they:
Section 2. DISQUALIFICATIONS
Disqualifications:
Note: The Ombudsman and his deputies are subject to the same qualifications.
Section 3. SALARIES
Salaries
Salaries are fixed by law and shall not be decreased during their TENURE.
Decreases in salaries only affect those members appointed AFTER increase.
Incumbent members do not lose any salary.
Increases take effect IMMEDIATELY.
Procedures:
3) Power of SC
a). The SC may not, under Art. VIII Sec. 5(5), exercise the power to disapprove
rules of "special courts and quasi-judicial bodies."
b). In proceedings before the Commissions, the rules of the Commission prevail.
c). In proceedings before a court, the Rules of Court prevail.
d). The SC may, however, in appropriate cases, exercise JUDICIAL REVIEW
Each commission shall decide matter or cases by a majority vote of all the members
within 60 days from submission.
COMELEC may sit en banc or in 2 divisions.
Election cases, including pre-proclamation controversies are decided in
division, with motions for reconsideration filed to the COMELEC en banc.
The SC has held that a majority decision decided by a division of the
COMELEC is a valid decision.
As COLLEGIAL BODIES, each commission must act as one, and no one member can
decide a case for the entire commission. (i.e. The Chairman cannot ratify a decision
which would otherwise have been void).
Appeals:
Enforcement:
It has been held that the CSC can issue a writ of execution to enforce
judgments which are final.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition:
Chairman
Commissioners – 2 commissioners
Qualifications:
Term:
Section 2. Scope:
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
If incorporated under the Corporation Code, it does not fall within the Civil
Service, and is not subject to the CSC jurisdiction.
Even if once government-controlled, then becomes privatized, ceases to
fall under CSC.
Jurisdiction is determined as of the time of filing the complaint.
A. Competitive positions
According to merit and fitness to be determined by competitive examinations,
as far as practicable except to positions which are policy-determining,
primarily confidential, or highly technical.
Non-competitive positions
1). No need for competitive examinations.
2). 3 kinds
D. Both types of positions are entitled to security of tenure. They only differ in the
MANNER in which they are filled.
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.
Next-In-Rank Rule
Security of Tenure:
Officers or employees of the Civil Service cannot be removed or suspended EXCEPT for
cause provided by law. It guarantees both procedural and substantive due process.
For "LEGAL CAUSE" - Cause is:
a). Primarily confidential officers and employees hold office only for so long as
confidence in them remains.
b). If there is GENUINE loss of confidence, there is no removal, but the expiration
of the term of office
c). Non-career service officers and employees do not enjoy security of tenure.
d). Political appointees in the foreign service possess tenure coterminous with
that of the appointing authority or subject to his pleasure.
One must be VALIDLY APPOINTED to enjoy security of tenure. Thus, one who is not
appointed by the proper appointing authority does not acquire security of tenure.
Abolition of Office
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.
Cannot receive:
A. Additional - B.
Double -
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Right to organize
Disqualifications
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:
The Vice President may be appointed Cabinet member
Congressman may sit in the Judicial and Bar Council
c). To be eligible to hold any other office, the elected official must first resign his
office
d). Even Congress cannot, by law, authorize the appointment of an elective
official.
a). Cannot hold any other office or employment in the government, any
subdivision, agency, instrumentality, including GOCC's and their
subsidiaries.
b). EXCEPTION: Unless otherwise allowed by law, or by the primary functions of
his position.
c). This exception DOES NOT APPLY to Cabinet members, and those officers
mentioned in Art. VII, Sec. 13. They are governed by the stricter prohibitions
contained therein.
Section 8. COMPENSATION
Cannot accept any present, emolument, office, title of any kind from foreign
governments UNLESS with the consent of Congress.
Section 1. COMPOSITION/QUALIFICATIONS/TERM
Composition: (7)
1)Chairman and
2)Commissioners (6)
Qualifications:
Term:
Powers:
Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
Exercise:
A. Exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective
23 Regional,
24 Provincial, and
25 City officials
23 Contempt powers
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.
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). The political parties etc. must present their platform or program of
government.
i. Religious denominations/sects
23 Groups which seek to achieve their goals through violence or
unlawful means
Groups which refuse to uphold and adhere to the Constitution
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.
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.
Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard or, or
disobedience to its directive, order, or decision.
Submit to the President and the congress a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
Rules of Procedure
Decision-Making
Regulation of franchises
1). The enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or
information.
2). Grants, special privileges or concessions granted by the Government or any
subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary
2). Applies not just to elections but also to plebiscites and referenda.
3). Plebiscite: Submission of constitutional amendments or important legislative
measures to the people ratification
4). Referendum: power of the electorate to approve or reject legislation through
an election called for that purpose.
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1). COMELEC cannot compel print media to donate free space to the COMELEC. It
may, however, compel it to provide space after paying just compensation.
2). Power of COMELEC is over franchises and permits, NOT individuals. For
example, COMELEC may not regulate media practitioners, for this would violate
the freedom of expression.
Section 6
Prohibition on block-voting
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.
How provided
Funds certified by the COMELEC as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiative, referenda and recalls, shall
provided in the regular or special appropriations.
Funds should be certified by the COMELEC as necessary.
Release of funds
Section 1. COMPOSITION/QUALIFICATIONS
Composition:
Chairman, and
Commissioners (2).
Qualifications:
Term:
Section 2. POWERS
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.
Keep the general accounts of the government, preserving vouchers and other supporting
papers pertaining thereto.
Exclusive authority to define the scope of COA’s audit and examination and to establish
the techniques and methods required therefor.
Note:
COA can settle only LIQUIDATED ACCOUNTS or those accounts which may be
adjusted simply by arithmetic process.
COA has authority not just over accountable officers but also over other officers who
perform functions related to accounting such as verification of evaluations and
computation of fees collectible, and the adoption of internal rules of control.
COA does not have the power to fix the amount of an unfixed or undetermined debt.
Where the following requirements are complied with, it becomes the ministerial duty of
the COA to approve and pass in audit vouchers for payment:
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.
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Composition:
Provinces
Cities;
Municipalities; and
Barangays
SEC. 3. Congress shall enact a local government code which shall provide for a
more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the
local units.
Supervision of President
This power is limited to ensuring that lower officers exercise their functions in
accordance with law.
The president cannot substitute his judgment for that of an LGU official unless the
latter is acting contrary to law.
The President may, however, impose administrative sanctions against LGU officials,
such as suspension for 120 days, and may even remove them from their posts, in
accordance with law.
Limitations on Power
It is subject to such guidelines and limitations as Congress may provide. See Local
Government Code for examples.
The guidelines set by Congress should be consistent with the basic policy of local
autonomy.
The taxes, fees and charges shall accrue exclusively to the local governments.
Adjustments in IRA
23 Ground: Unmanageable public section deficit
24 President can make the necessary adjustments in the IRA upon the
recommendation of the following:
IRA considered for purposes of conversion from one political subdivision to the next.
(Alvarez v. Guingona)
LGUs have a share of 40% of the gross collection derived by the national government
from the preceding fiscal year from
23 Mining taxes
24 Royalties
25 Forestry and fishery charges
26 Other taxes, fees and charges
27 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
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Term of Office
Elective local officials, now including barangay officials have a term of 3 years.
Limitations:
Requisites
Creation:
Congress may create special metropolitan political subdivisions by law.
It is subject to a plebiscite
Classification of Cities:
Highly urbanized cities and independent component cities are independent of the
province.
Component cities whose charter contain no such prohibition are still under the
control of the province and its voters may still vote for elective provincial officials.
It is optional on the part of LGUs as shown by the use of the word “may”
It can be done for purposes commonly beneficial to them in accordance with the law.
Composition
For Purpose of
Administrative decentralization
To strengthen local autonomy
To accelerate the economic and social growth and development of the units in the
region
Where:
Muslim Mindanao
Cordillera region
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Factors:
Historical heritage
Cultural heritage
Economic and social structures,
Other relevant characteristics within:
23 The framework of the consititution
24 National sovereignty
25 Territorial integrity.
Creation:
Provided by law.
EFFECTIVITY of such creation occurs only when it is approved by a majority of the
votes cast in a plebiscite held among the constituent units.
Only those Provinces, Cities, and Geographical Areas voting favorably in such
plebiscite shall form part of the autonomous region.
If only 1 province approved the law, NO AUTONOMOUS REGION created, since the
constitution requires more than one province to constitute one (like what happened in
the Cordillera plebiscite)
The question of which LGU’s shall constitute an autonomous region is one which is
exclusively for Congress to decide.
Purpose:
To ensure that the laws are faithfully executed.
SEC. 17. All powers, functions and responsibilities not granted by this Constitution
or by law to the autonomous region shall be vested in the National Government.
The Organic Act of Autonomous Region shall provide for legislative powers over:
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:
Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice and lead modest lives.
President
VP
SC Justices
Constitutional Commission members
Ombudsman
2. Grounds
Note: It is an exclusive list. Congress cannot, by law, add to the list of impeachable
offenses.
These officers cannot be charged in court with offenses that have removal from office as
penalty.
The President cannot be charged with murder.
A SC Justice cannot be disbarred because this would disqualify him from his position.
BUT AFTER an official has been impeached, he can be charged with the appropriate
offense.
Resignation by an impeachable official does not place him beyond the reach of
impeachment proceedings; he can still be impeached.
Procedure:
Note: If the verified complaint or resolution of impeachment was filed by at least 1/3 of all
the Members of the House, it shall constitute the Articles of Impeachment. Trial in the
Senate shall proceed.
Senate has the sole power to try and decide all cases of impeachment
For this purpose, the Senators shall be under oath or affirmation
When the President of the Philippines is on trial, the CJ of the Supreme Court
presides. However, he/she will not vote.
This requires the concurrence of 2/3 of all the Members of the Senate
Section 4: SANDIGANBAYAN
Composition:
1.) Ombudsman/Tanodbayan
2.) Overall deputy
3.) At least one Deputy each for Luzon, Visayas and Mindanao
4.) Deputy for military establishment may be appointed
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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
23 By the Ombudsman
24 In accordance with Civil Service Law
Rank/Salaries:
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.
23 The SC held that the power to investigate and prosecute cases involving
public officers and employees has been transferred to the Ombudsman.
24 The Ombudsman may always delegate his power to investigate.
25 The power to investigate includes the power to impose preventive
suspension.
26 This preventive suspension is not a penalty.
27 “INVESTIGATE” does not mean preliminary investigation.
28 The complaint need not be drawn up in the usual form.
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29 The “ILLEGAL” act or omission need not be in connection with the duties
of the public officer or employee concerned.
30 ANY illegal act may be investigated by the Ombudsman. In this regard,
the Ombudsman’s jurisdiction is CONCURRENT with that of the regular
prosecutors.
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.
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.
The Ombudsman does NOT himself prosecute cases against public officers
or employees.
Final say to prosecute still rests in the executive department.
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. Its approved annual
appropriations should be automatically and regularly released.
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Under the 1987 Constitution, the existing Tanodbayan became the Office of the Special
Prosecutor
Powers
23 It will continue to function and exercise its powers as now or hereafter
may be provided by law
24 Exception: Powers conferred on the Office of the Ombudsman
The Office of the Special Prosecutor is subordinate to and acts under the orders of the
Ombudsman
Note: According to Jack, the SC was wrong because the ConCom intended that the SP
was to prosecute anti-graft cases.
1.) The right of the State to recover properties unlawfully acquired by public officials
and employees from them or from their nominees or transferees shall NOT be barred
by prescription, laches or estoppel.
2.) Their right to prosecute criminally these officials and employees may prescribe.
Coverage:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Members of Supreme Court
6.) Members of Constitutional Commissions
7.) Ombudsman
8.) Any firm or entity in which they have controlling interest
Scope of prohibition:
1.) The above mentioned officials cannot obtain, directly or indirectly for BUSINESS
PURPOSES:
Loans
Guarantees
Other forms of financial accommodation
From:
23 Government owned or controlled banks; or
24 Government owned or controlled financial institutions.
2.) If the loan, etc, is NOT for business purpose, e.g. a housing loan, the prohibition
does not apply.
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When submitted:
Public officer and employee shall submit a declaration under oath of his assets, liabilities
and net worth upon assumption of office and as often as required under the law.
These declarations shall be disclosed to the public in a manner provided by law in the
case of:
1.) President
2.) Vice-President
3.) Members of the Cabinet
4.) Members of Congress
5.) Justices of the Supreme Court
6.) Members of Constitutional Commissions
7.) Other constitutional offices
8.) Officers of the armed forces with general or flag rank
2.) If Philippine citizenship is one of the qualifications to the office, the loss of such
citizenship means the loss of the office by the incumbent.
3.) The Election Code provides the rules with respect to non-incumbents, i.e.
persons running for elective offices.
1. Imperium
Government authority possessed by the State which is appropriately embraced in
sovereignty.
Dominium
23 The capacity of the State to own and acquire property.
24 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:
Means
23 The state may DIRECTLY UNDERTAKE such activities
24 The state may enter into CO-PRODUCTION, JOINT VENTURE OR
PRODUCTION-SHARING arrangements with
23 Filipino citizen or
24 Corporation or association at least 60% of whose capital is
owned by such citizens
Limitations:
23 Period: It should not exceed 25 years, renewable for not more than 25 years
24 Under terms and conditions as may be provided by law.
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.
They should be based on the real contributions to economic growth and general welfare
of the country.
In the agreements, the State should promote the development and use of local scientific
and technical resources.
The President should notify Congress of every contract under this provision within 30
days from its execution.
Management and service contracts are not allowed under this rule.
The State shall reserve its use and enjoyment exclusively to Filipino citizens.
Agricultural
Forest/timber
Mineral lands &
National Parks
Note:
Classification of public lands is an exclusive prerogative of the Executive Department
through the Office of the President, upon recommendation by the DENR.
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
23 They can only hold alienable lands of the public domain BY LEASE
24 Period: Cannot exceed 25 years, renewable for not more than 25 years
25 Area: Lease cannot exceed 1,000 hectares
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Louie, Carrie, Evelyn, Thel, Gem, Ronald
Note: A corporation sole is treated like other private corporations for the purpose of
acquiring public lands.
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.
23 Upon completion of the requisite period, the land becomes private property
ipso jure without need of any judicial or other sanction.
24 Here, in possession since time immemorial, presumption is that the land was
never part of public domain.
25 In computing 30 years, start from when land was converted to alienable land,
not when it was still forest land
26 Presumption is that land belongs to the State.
The State protects the rights of indigenous cultural communities to their ancestral lands
23 Subject to Constitutional provisions
24 Subject to national development policies and programs
In determining ownership and extent of ancestral domain, Congress may use customary
laws on property rights and relations.
“ANCESTRAL DOMAIN”
23 It refers to lands which are considered as pertaining to a cultural region
24 This includes lands not yet occupied, such as deep forests.
General rule
Exceptions
Filipino citizenship is only required at the time the land is acquired. Thus, loss of
citizenship after acquiring the land does not deprive ownership.
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.
Escheat proceedings
Action for reversion under the Public Land Act
An action by the former Filipino owner to recover the land
23 The former pari delicto principle has been abandoned
24 Alien still has the title (didn’t pass it on to one who is qualified)
Power of Congress
In the grant of rights, privileges and concessions covering the national economy and
patrimony, the State shall give preference to QUALIFIED Filipinos.
Section 11. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
Public utility
In order to be considered as a public utility, and thus subject to this provision, the
undertaking must involve dealing directly with the public.
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).
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REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
To whom granted:
Filipino citizens or
Corporations or associations incorporated in the Philippines and at least 60% of the
capital is owned by Filipino citizens.
The participation of foreign investors in the governing body of any public utility enterprise
shall be limited to their proportionate share in its capital.
Foreigners cannot be appointed as the executive and managing officers because these
positions are reserved for Filipino citizens.
2. GOCC’s
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.
Social Justice
Social justice in the Constitution is principally the embodiment of the principle that those
who have less in life should have more in law.
The 1987 Constitution advances beyond what was in previous Constitutions in that it
seeks not only economic social justice but also political social justice.
Labor
Section 3 of Article XIII elaborates on the provision in Article II by specifying who are
protected by the Constitution, what rights are guaranteed, and what positive
measures the state should take in order to enhance the welfare of labor.
The right to organize is given to all kinds of workers BOTH in the PRIVATE and
PUBLIC sectors.
The workers have a right to hold peaceful concerted activities except the right to
strike, which is subject to limitation by law.
The workers have the right to participate on matters affecting their rights and benefits,
“as may be provided by law”. This participation can be through
Agrarian Reform
Goals:
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.
It extends not only to private agricultural lands, but also to “other natural resources,”
even including the use and enjoyment of “communal marine and fishing resources”
and “offshore fishing grounds”.
The Commission on Human Rights
Composition:
Chairman; and
4 members
Qualifications:
Powers:
Investigate all forms of human rights violations involving civil or political rights
23 Violations may be committed by public officers or by civilians or rebels.
24 CHR cannot investigate violations of social rights.
25 CHR has NO adjudicatory powers over cases involving human rights violations.
26 They cannot investigate cases where no rights are violated.
27 Example: There is no right to occupy government land, i.e. squat thereon.
Therefore, eviction therefrom is NOT a human rights violation.
Adopt operational guidelines and rules of procedure.
Cite for contempt for violations of its rules, in accordance with the Rules of Court.
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.
23 CHR can initiate court proceedings on behalf of victims of human rights violations.
24 They can recommend the prosecution of human rights violators, but it cannot itself
prosecute these cases.
25 BUT: The CHR cannot issue restraining orders or injunctions against alleged
human rights violators. These must be obtained from the regular courts.
Exercise visitorial powers over jails, prisons and other detention facilities.
Establish continuing programs for research, education and information in order to
enhance respect for the primacy of human rights.
Recommend to Congress effective measures to promote human rights and to provide
compensation to victims of human rights violations or their families.
Monitor compliance by the government with international treaty obligations on human
rights.
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.
Request assistance from any department, bureau, office, or agency in the performance
of its functions.
Appoint its officers and employers in accordance with law.
Perform such other functions and duties as may be provided for by law.
EDUCATION
The right to education must be read in conjunction with the academic freedom of
schools to require “fair, reasonable, and equitable admission requirements.”
Schools have the power to dismiss students, after due process, for disciplinary reasons.
Acts committed outside the school may also be a ground for disciplinary action if:
23 It involves violations of school policies connected to school-sponsored activities;
or
24The misconduct affects the student’s status, or the good name or reputation of the
school.
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REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
The right to education in particular fields may be regulated by the State in the
exercise of its police power, e.g. the State may limit the right to enter medical school by
requiring the applicants to take the NMAT.
Free Education
Elementary education is compulsory for all children of school age. However, this is a
moral rather than a legal compulsion.
Educational Institutions
Filipinization A.
Ownership:
1). Filipino citizens, or
2). Corporations incorporated in RP and 60% Filipino-owned.
EXCEPT: Schools established by religious groups and mission boards. 3).
Congress may increase Filipino equity requirements in ALL educational
institutions.
C. Student Population:
1). GENERAL RULE: Cannot establish school exclusively for aliens. Aliens can
only comprise up to 1/3 of total enrollment.
2). EXCEPTIONS: Schools established for foreign diplomatic personnel and their
dependents, and unless otherwise provided for by law for other foreign temporary
residents.
Tax Exemptions
23 Non-stock, non-profit educational institutions:
23All revenues and assets actually, directly and exclusively used for educational
purposes are exempt from taxes and duties.
24This is self-executory.
A. Educational Institutions
Schools have the freedom to determine:
Who may teach,
What may be taught,
How it shall be taught, and
Who may be admitted to study.
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REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
B. Faculty members
23 Full freedom in research and in the publication of the results, subject to the
adequate performance of their other academic duties.
24 Freedom in the classroom in discussing their subjects, but they should be
careful not to introduce into their teaching controversial matter which has no
relation to their subjects.
25 When faculty members speak or write in their capacity as citizens, then they
are free from institutional censorship or discipline.
Students
They have the right to enjoy in school the guarantees of the Bill of Rights.
Limitations
23Dominant police power of the State
24Social interest of the community
Budgetary Priority:
1). Education must be assigned the highest budgetary priority.
2). BUT: This command is not absolute. Congress is free to determine what
should be given budgetary priority in order to enable it to respond to the
imperatives of national interest and for the attainment of other state policies or
objectives.
Section 6. Language
Flag
Note: Law will take effect upon ratification by the people in a NATIONAL
REFERENDUM.
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REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
Suability of State
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:
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.
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.
EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to
pay a valid government obligation, then the money can be garnished.
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P O L I T I C A L L A W ( C ONSTITUTIONAL L AW )
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
The Fact that the State consented to being sued does not mean that the State will
ultimately be held liable.
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.
Composition:
Military men cannot engage, directly or indirectly, in any partisan political activity, except
to vote.
Members of the AFP in active service cannot be appointed to a civilian position in the
government, including GOCCs or their subsidiaries.
Definitions:
Amendment: an alteration of one or a few specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the Constitution. The changes brought
about by amendments will not affect the other provisions of the Constitution.
Revision: An examination of the entire Constitution to determine how and to what extent
it should be altered. A revision implies substantive change, affecting the Constitution
as a whole.
Proposal of amendments:
Constitutional Convention:
25If 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.
C. People’s Initiative
Note:
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.
Since these constituent assemblies owe their existence to the Constitution, the courts
may determine whether the assembly has acted in accordance with the Constitution.
Examples of justiciable issues:
Proposal of Revisions
Ratification