Political Law Final

POLITICAL LAW REVIEWER GENERAL PRINCIPLES Political Law- branch of Public Law which deals with the organization
and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. Constitutional Law- study of the structure and powers of the Government of the Republic of the Philippines. Constitution- the written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Malcolm Purpose to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
-Rigid/ Flexible Rigid- one that can be amended only by a formal and usually difficult process Flexible- one that can be changed by ordinary legislation.
Qualities of a good written constitution Broad- provides for the organization of the government and covers all persons and things within the territory of the State but because it must be comprehensive enough to provide for every contingency. Brief- it must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend. Definite- to prevent ambiguity in its provisions which could result in confusion and divisiveness among the people.
Essential parts of a good written constitution Constitution of Liberty- the series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. Constitution of Government- the series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate Constitution of Sovereignty- the provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about.
Classification -Written/ Unwritten Written- one whose precepts are embodied in one document or set of documents. Unwritten- consists of rules which have not been integrated into a single, concrete form but are scattered in various sources.
-Enacted (conventional)/ Evolved (cumulative) Conventional- formally struck off at a definite time and place following conscious or deliberate effort taken by a constituent body or ruler. Cumulative- the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method.
Interpretation/ Construction o the Constitution verba legis- the words of the constitution must be given ordinary meaning except where technical terms are employed. ratio legis et anima- words of the constitution should be interpreted in accordance with the intent of the framers.
Political Law Reviewer
ut magis valeat quam pereat- the constitution has to be interpreted as a whole. (Francisco vs. HOR)
A.
Proposal- (Secs. 1-3, Art. XVII) The adoption of the change in the constitution. A proposed amendment may come from : Congress- vote of ALL its members. Constitutional Convention- may be called into existence either by a 2/3 vote of ALL members of the Congress, or (if such vote is not obtained) by a majority vote of all the members of Congress with the question of whether or not to call a Convention to be resolved by the people in a plebiscite (sec. 3, Art. XVII)
-the proper interpretation depends more on how it was understood by the people adopting it than in the framers understanding therof. -the provisions should be considered self- executing; mandatory rather than directory; and prospective rather than retroactive. Self-executing provision- one which is complete in itself and becomes operative without the id of supplementary or enabling legislation, or that which supplies a sufficient rule by means of which the right it grants may be enjoyed or protected. Not self-executing provision- one which lays down a general principle. Amendment Amendement vs Revision Revision- implies a change that alters a basic principle in the Constitution. There is also a revision if the change alters the substantial entirety of the constitution. Amendment- change that adds, reduces, deletes, without altering the basic principle involved. (Lambino vs. COMELEC) Two-part test Quantitative test- asks whether the proposed change is so extensive in its provisions as to change directly the substance entirety of the constitution by the deletion or alteration of numerous provisions. The court examines only the number of provisions affected and does not consider the degree of the change. Qualitative test- inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to revision. (Lambino vs. COMELEC)
Three Theories on the position of a Constitutional Convention vis--vis the regular departments of the government Theory of Conventional Sovereignty (Loomis vs. Jackson) Convention is inferior to other departments (Woods Appeal) Independent of and co-equal to the other departments (Mabanag vs. Lopez)
People, through the power of initiative (Sec. 2, Art. XVII) Requisite: A petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. Limitation: No amendment in this manner shall be authorized within five years following the ratification of this Constitution nor more often than once every five years thereafter. Initiative- the power of the people to propose AMENDMENTS to the constitution or to propose and enact legislation through an election called for the purpose. Three systems of initiative Initiative on the Constitution- petition proposing amendments to the Constitution. Initiative on Statutes- refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance ( Sec. 2a, R.A. 6735)
Constituent vs. Legislative power Steps in amendatory process
Indirect initiative- exercise of initiative by the people through a proposition sent to congress or the local legislative body for action (Sec. 2b, R.A. 6735)
Procedure- The essence of amendments directly proposed by the people through initiative upon a petition is that the entire proposal on its face is a petition of the people. 2 essential elements The people must author and sign the entire proposal; no agent or representative can sign in their behalf. As an initiative upon a petition, the proposal must be embodied in the petition. B. Ratification (Sec. 4, Art. XVII)) The proposed amendment shall become part of the Constitution when ratified by a majority of the votes cast in a plebiscite held not earlier than 60 nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the COMELEC of the sufficiency of the petition for initiative under sec. 2, Art. XVII.
Judicial Power- the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of Government (Bondoc vs. Pineda) The lower courts should not shy away from the task of deciding constitutional questions when properly raised before them (Ynot vs. IAC) The Constitution vests the power of judicial review not only in the Supreme Court but also in RTCs. (Mirasol vs. CA) Functions of Judicial Review checking legitimating symbolic (Salonga vs. Pano)
Requisites of Judicial Review a. Actual case or controversy- a conflict of legal rights, an assertion of opposite legal claims which can be resolved on the basis of existing law and jurisprudence. (Guingona vs. CA) A request for an advisory opinion is not an actual case or controversy. (Dumlao vs. COMELEC) The issues raised in the case must not be moot and academic, or because of subsequent developments, have become moot and academic. (Province of Batangas vs. Romulo) The Court also exercised the power of judicial review even when the issue had become moot and academic where the Court had the duty to formulate guiding and controlling constitutional principles, precepts, doctrines or rules, and the symbolic function to educate the bench and the bar on the extent of protection given by the constitutional guarantees. (Salonga vs. Pano)
Doctrine of Proper Submission- the Constitution itself prescribes the time frame within which the plebiscite is to be held, there can be no longer be a question on whether the time given to the people to determine the merits and demerits of the proposed amendment is adequate. Plebiscite may be held on the same day as regular elections. (Gonzales vs. COMELEC) The question of amendment is now regarded as subject to judicial review because invariably, the issue will boil down to whether or not constitutional provisions had been followed. (Tolentino vs. COMELEC) Power of Judicial Review Judicial Review- the power of the courts to test the validity of executive and legislative acts in light of their conformity with the constitution. (Angara vs. Electoral Commission)
b.
The Constitutional question must be raised by the proper party- one who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of. locus standi- a right of appearance in a court of justice on a given question. direct injury test- a person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained or will sustain direct injury as a result. (People vs. Vera) Petitioner may invoke a public right breached by a governmental act , provided: a. b. The case involves Constitutional issues for taxpayers, there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional. for voters, there must be a showing of obvious interest in the validity of election law in question. or concerned citizens, there must be showing that the issues raised are of transcendental importance which must be settled early, and for Legislators, there must be a claim that the official action complained of infringes their prerogatives as legislators. (David vs. Macapagal-Arroyo)
c.
The Constitutional question must be raised at the earliest possible opportunity The earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same, such that, if not raised in the pleadings, it cannot be considered at the trial, and if not considered in the trial, it cannot be considered on appeal. (Matibag vs. Benipayo)
Exceptions: a. Criminal cases. the question can be raised at any time at the discretion of the court. Civil cases. the question can be raised at any stage of the proceedings if necessary for the determination of the case itself. It can be raised at any stage if it involves jurisdiction of the court.
b.
c.
c.
Exception to exception: Estoppel d. The decision of the Constitutional question must be determinative of the case itself The Constitutional issue must be the lis mota of the case. (Zandueta vs. de la Costa) The Court will not pass upon a question of Constitutionality if the case can be disposed of on some other ground. (Ty vs. Trampe) Every law has in its favour the presumption of Constitutionality, and to justify its nullification, there must be a clear and unequivocal breach of the Constitution and not one that is doubtful, speculative, or argumentative. (Arceta vs. Judge Mangrobang)
d.
e.
Facial challenge- the establish rule is that a party can question the validity of a statute only I, as applied to him, it is unconstitutional. The exception is the so-called facial challenge. But the only time a facial challenge to a statute is allowed is when it operates in the area of freedom of expression. (Justice Mendozas concurring opinion, Cruz vs. DENR) Overbreadth doctrine- it permits a party to challenge the validity of a statute even though, as applied to him, it is not unconstitutional, but it might be applied to others not before the Court whose activities are constitutionally protected. (Justice Mendozas concurring opinion, Cruz vs. DENR)
Effects of Declaration of Unconstitutionality, two views: a. Orthodox View- An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative, as if it had not been passed at all. (sec. 7, NCC)
b.
Modern view- the courts imply rfue to recognize the law and determine the rights of the parties as if the statute had no existence. (Manila Motors vs. Flores)
Aerial Domains (air space above the land and waters)
Partial Unconstitutionality Requisites: a. The Legislature must be willing to retain the valid portions usually shown by the presence of a separability clause in the law, and The valid portion can stand independently as law. (Salazar vs. Achacoso)
Archipelago Doctrine- The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. (second sentence, Art. 1) The entire archipelago is regarded as one integrated unit. Straight baseline method- imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land) Contiguous Zone- 12 miles Exclusive Economic Zone- 200 miles c. Government- the agency or instrumentality through which the will of the State is formulated, expressed, and realized. (U.S. vs. Dorr) Government of the Philippines- the corporate governmental entity through which the functions of the government are exercised throughout the Philippines. From the viewpoint of International Law, no particular form of government is prescribed, provided only that the government is able to represent the State in its dealings with other States.
b.
The Concept of the State State- a community of persons more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience. (Collector of Internal Revenue vs. Campos Rueda) Legal or juristic concept Nation- a people bound together by common attractions and repulsions into a living organism possessed of a common pulse, a common intelligence and inspiration, and destined apparently to have a common history and a common fate. Ethnic or racial concept. Elements of a State a. People- inhabitants of the State.
Functions, 2 kinds a. b. Constituent/ Governmental- constitutes the very bonds of society and is therefore compulsory. It involves exercise of sovereignty. Ministrant/ Proprietary- those undertaken to advance the general interests of society. It connotes the exercise of proprietary functions.
Numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered or sustained. Must come from both sexes to be able to perpetuate themselves. b. Territory- fixed portion of the surface of the Earth inhabited by the people of the State. Components: Terrestrial (land mass); Fluvial (external waters); Maritime (inland waters); and
Doctrine of Parens Patriae- parent of the people. Government may act as guardian of the rights of the people who may be disadvantaged or suffering from some disability or misfortune. Classification -De jure vs. De facto
De jure government- one with rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof. De facto government- government of fact, that is, it actually exercises power or control but without legal title. Kinds of de facto government
d.
Sovereignty- supreme and uncontrollable power inherent in a State by which the State is governed. Kinds
a.
Legal- the power to issue final commands; or Political- sum total of all the influences which lie behind the law. Internal- supreme power over everything within its territory; or Externalfreedom from external control. Characteristics (PECAI )
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b. a. that gets possession and control of, of usurps, by force or by the voice of the majority. that established as an independent government by the inhabitants of a country who rise in insurrection against the parent State. that which is established and maintained by military force who invade and occupy a territory of the enemy in the course of war, and which is dominated by government of paramount force.
b.
Permanence, Exclusiveness, Comprehensiveness, Absoluteness, Indivisibility, Inalienability, Imprescriptibility (Laurel vs. Misa) Effects of change in sovereignty- Political laws are abrogated (People vs. Perfecto) Municipal Laws remain in force (Vilas vs. City of Manila) Effects of belligerent occupation- No change in sovereignty (Ruffy vs. Chief of Staff)
c.
-Presidential vs. Parliamentary Presidential- there is a separation of executive and legislative powers. Parliamentary- there is fusion of both executive and legislative powers in Parliament, although the actual exercise, although the actual exercise of the executive powers is vested in a Prime Minister who is chosen by, and accountable to, Parliament.
However, political laws, except the law on treason, are suspended (Laurel vs. Misa); Municipal Laws remain in force unless repealed by belligerent occupant. Jus Postliminium- at the end of belligerent occupation, when the occupant is ousted from the territory, the political laws which had been suspended during the occupation shall automatically become effective again. Dominium vs. Imperium Dominium- capacity to own or acquire property held by the State in its proprietary capacity. Imperium- the authority possessed by the State embraced in the concept of Sovereignty.
-Unitary vs. Federal Unitary- a single, centralized government, exercising powers over both the internal and external affairs of the State. Federal- Consists of autonomous government units into sa single State, with the national government exercising a limited degree of power over the domestic affairs but generally full direction of the external affairs of the State.
Jurisdictiona. Territorial- power of the State over persons and things within its territory, except:
Administration-group of persons in whose hands the reign of government are for the time being.
i. ii. iii. iv. v. vi. b.
Foreign states, Heads of states, diplomatic representatives, and consuls to a certain degree; Foreign state property engaged in non-commercial activities; Acts of state; Foreign merchant vessels exercising the rights of innocent passage or involuntary entry; Foreign armies passing through or stationed in its territory with its permission; and Such other persons or property, including organizations like UN.
Test to determine if suit is against the State: On the assumption that decision is rendered against the public officer or agency impleaded, will the enforcement thereof require an affirmative act from the State, such as the appropriation of the needed amount to satisfy the judgment? If so, then it is a suit against the State. (Sanders vs. Veridiano) Suit against Government Agencies a. Incorporated- if the charter provides that the agency can sue and be sued, then suit will lie, including one for tort. (PNB vs. CIR) Municipal Corporations are agencies of the State when they are engaged in governmental functions and, therefore, should enjoy the sovereign immunity from suit. (Mun. of San Fernando, La Union vs. Judge Firme) Unincorporated: inquire into principal functions of the agency: If governmental, NO suit without consent (Sanders vs. Veridiano) If proprietary, suit will lie, because when the State engages in principally proprietary functions, then it descends to the level of a private individual, and may, therefore, be vulnerable to suit. (Civil Aeronautics Admnistration vs. CA)
Personal- power of the State over its nationals, which may be exercised by the State even if individuals is outside the territory of the State. Extraterritorial- power exercised by the State beyond its territory. b. 1. 2.
c.
Act of State- done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of State cannot be questioned or made the subject of legal proceedings in a court of law. ____________________ Doctrine of State Immunity The State cannot be sued without its consent (sec. 3, Art. XVI) Basis: There can be no legal right against the authority which makes the law on which the right depends. (Republic vs. Villasor) However, it may be sued if it gives consent, whether express or implied. This is known as Royal Prerogative of Dishonesty. Immunity is enjoyed by other States, consonant Public International Law principle of par in parem non habet imperium. with the
Suit against Public Officers The doctrine of State Immunity applies to complaints filed against officials of the State for acts performed by them in the discharge of their duties within the scope of their authority. The unauthorized acts of government officials are not acts of the State, thus, public officer may be sued and held personally liable in damages for such acts. (Shauf vs. CA) Where a public officer has committed an ultra-vires act, or where there is showing of bad faith, malice or gross negligence, the officer can be held personally accountable, even if such acts are claimed to have been performed in connection with official duties. (Wylie vs. Rarang)
The Head of State who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit. International Organizations or International Agencies may be immune from the jurisdiction of local courts and local administrative tribunals. The cloak or protection is removed the moment the foreign agent is sued in his individual capacity.
Where the public official is sued in his personal capacity, the doctrine of State immunity will not apply, even if the acts complained of were committed while the public official was occupying a public position. (Lansang vs. CA) Forms of Consent
Suability- the result of the express or implied consent of the State to be sued. Liability- determined after hearing on the basis of relevant laws and the established facts. _____________________
Express- can be given only by an act of the legislative body (Republic vs. Feliciano) in a general or special law. Implied- given when the State commences litigation, it become vulnerable to a counterclaim (Froilan vs. Pan Oriental Shipping); or when the State enters into a business contract (US vs. Ruiz) Preamble
Fundamental Principles and State Policies
jure imperii- sovereign and governmental act jure gestionis- private, commercial, and proprietary acts Scope of Consent: Consent t be sued does not include consent to the execution of judgment against it. Such execution will require another waiver, because the power of the court ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment, unless such disbursement is covered by the corresponding appropriation as required by law. (Republic vs. Villasor) Funds belonging to government corporations, whose charters provide that they can sue and be sued, that are deposited with a bank are not exempt from garnishment. (PNB vs. Pabalan) Funds of a Municipality are public in character and may not be garnished unless there is a corresponding appropriation ordinance duly passed by the Sangguniang Bayan. (Mun. of San Miguel, Bulacan vs. Fernandez) Exemption from legal requirements When the State litigates, either directly or through its authorized officers, it is not required to put-up a bond for damages, or an appeal bond, since it can be assumed that it is always solvent. Suability vs. Liability
Does not confer rights nor impose duties Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution. Republicanism The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authorities emanates from them. (Sec. 1, Art. II) Republic- a representative government run by and for the people Essential features: Representation and Renovation. Manifestations a. b. c. d. e. f. Ours is a government of laws and not of men (Villavicencio vs. Lukban) Rule of Majority Accountability of Public Officials Bill of Rights Congress cannot pass irrepealable laws Separation of powers
1. 2.
Incorporation Clause The Philippines renounces war as an instrument of national policy, adopts the generally accepted principle of International Law as part of the law of the land, and adheres to the policy o peace, equality, justice, freedom, cooperation, and amity with all nations.
International Law can become part of the sphere of domestic law either by transformation or by incorporation. Transformation method- requires that an International law principle be transformed into domestic law through a constitutional mechanism. Incorporation method- applies when mere constitutional declaration, international law is deemed to have the force of domestic law. (Pharmaceutical and Health Care Association vs. Duque) Doctrine of Incorporation is applied whenever municipal tribunals or local courts are confronted with situations in which there appears to be a conflict between a rule of International Law and the provisions of the constitution or statute of the local state. Civilian Supremacy Civilian authority is, at all times, supreme over 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. (Sec. 3, Art. II) Defense of the State 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. 4, Art. II) The provision is based upon the inherent right of every State to existence and selfpreservation. The military or civil service must be personal. Peace and Order The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of general welfare are essential for the enjoyment by all the people of the blessings of democracy. (Sec. 5, Art. II) Right to bear arms is a statutory, not a constitutional right. The license to carry a firearm is neither a property nor a property right.
Separation of Church and State The separation of Church and State shall be inviolable. (Sec. 6, Art. II) Independent Foreign Policy 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. (Sec. 7, Art. II) Nuclear-free Philippines The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. (Sec. 8, Art. II) Promotion of Social Justice The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and improved quality of life for all. (Sec. 9, Art. II) The State shall promote social justice in all phases of national development. (Sec. 10. Art. II) Social Justice is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time honored principle of salus populi est suprema lex. (Calalang vs. Williams) Respect for Dignity and Human Rights
The State values the dignity of every human person and guarantees full respect for human rights. (Sec. 11, Art. II) Family and Youth The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government. (Sec. 12, Art. II) The State recognizes the vital role of youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. (Sec. 13, Art. II) Fundamental equality of men and women The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. (Sec. 14, Art. II) Promotion of Health and Ecology The State shall protect and promote the right to health of the people and instill health consciousness among them. (Sec. 15, Art. II) The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. (Sec. 16, Art. II) Priority to education, science, technology, etc. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. (Sec. 17, Art. II) Sec. 5, Art. XIV which provides for the highest budgetary priority to education is merely directory. (Guingona vs. Carague) The exercise of right to select a profession or course of study may be regulated pursuant to the police power of the State. (PRC vs. De Guzman) Protection to labor
The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. (Sec. 18, Art. II) Self-reliant and independent economic order The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. (Sec. 19, Art. II) The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. (Sec. 20, Art. II) Land Reform The State shall promote comprehensive rural development and agrarian reform. (Sec. 21, Art. II) Indigenous Cultural Communities The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. (Sec. 22, Art. II) Independent Peoples Organizations The State shall encourage non-governmental, community- based, or sectoral organizations that promote the welfare of the nation. (Sec. 23, Art. II) Communication and information in nation-building The State recognizes the vital role of communication and information in nationbuilding. (Sec. 24, Art. II) Autonomy of Local Governments The State shall ensure the autonomy of local governments. (Sec. 25, Art. II) Even as the Court recognizes that the Constituion gurantees autonomy to local government units, the exercise of local autonomy remains subject to the power of control by Congress and he power of general supervision by the President. (Judge Dadole vs. COA)
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The President or any of his alter egos, cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of the law and the Constitution. (Judge Dadole vs. COA) Equal access to opportunities for public service The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law. (Sec. 26, Art. II) Honest public service and full public disclosure The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. (Sec. 27, Art. II) 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. (Sec. 17, Art. II) _____________________ Separation of Powers Purpose: to prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. (Pangasinan Transportation Co. vs. Public Service Commission) Application: not independence but interdependence Principle of Blending of powers- powers are not confined exclusively within one department but are assigned to or shared by several departments. Principle of Checks and Balances- this allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. Doctrine of necessary implication- the grant of an express power carries with it all other powers that may be reasonably inferred from it. Inherent or incidental powers- those which although not expressly conferred nor implied therefrom are part of the power of a certain department.
Residual powers- those not granted by the Constitution but the President may exercise such powers as the Chief Executive so long as it does not pertain to other departments. Justiciable and Political questions Justiciable question implies a given right legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right. (Casibang vs. Aquino) Political question (a question of policy)- those questions which, under the Constitution, are to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. (Tanada vs. Cuenco) _____________________ Delegation of powers Rule: potestas delegate non delegare potest (what has been delegated cannot be delegated) It is based on the principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Permissible delegation: a. b. c. d. e. tariff powers to the president emergency powers to the president people at large local governments administrative bodies
Tariff powers to the President
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Sec. 28 (2), Art. VI The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government Emergency powers to the President Sec. 23 (2), Art. VI In times of war or other national emergency, the Congress may by law authorize the President for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon its next adjournment. The conditions for the vesture of emergency powers in the President: a. b. c. d. There must be a war or national emergency The delegation must be for a limited period only. The delegation must be subject to such restrictions as the Congress may prescribe. The emergency powers must be exercised to carry out a national policy declared by the Congress.
Delegation to Local Government Units The local affairs shall be managed by local authorities and general affairs by the central authority. Legislation is not regarded as transfer of general legislative power, but rather as the grant of authority to prescribe local regulations, according to immemorial practice, subject, of course, to the interposition of the superior in cases of necessity. (People vs. Vera) Delegation to Administrative Bodies Power of subordinate legislation- administrative bodies may implement the broad policies laid down in a statute by filling in the details which the Congress may not have the opportunity or competence to provide. Test for valid delegation: Both of the following tests are to be complied with (Pelaez vs. Auditor General) a. Completeness test: the law must be complete in all its essential terms and conditions when it leaves the Legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. (US vs. Ang Tang Ho) Sufficient Standard Test: A sufficient standard is intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. (Ynot vs. IAC) _____________________ Legislative Department Legislative power- the power to propose, enact, amend, and repeal laws. This power is vested in the Congress, except to the extent reserved to the people by the provision on initiative and referendum. Initiative- the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose.
Conferment of emergency powers on the President is not mandatory on the Congress. The emergency does not automatically confer emergency powers on the President. Delegation to the people Referendum- method of submitting an important legislative measure to a direct vote of the whole people. Plebiscite- decree of the people. a device to obtain a direct popular vote on a matter of political importance, but chiefly in order to create some more or less permanent political condition.
b.
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Referendum- the power of the electorate to approve or reject legislation through an election called for the purpose. Prohibited measures: a. b. No petition embracing more than one subject shall be submitted to the electorate Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannot be subject to referendum until 90 days after their effectivity. (Sec. 10, R.A. 6735)
d. e.
registered voter; resident of the Philippines for not less than two years immediately preceding the day of the election.
Residence- the place where one habitually resides and to which, when he is absent, he has the intention of returning. A person cannot have two residences at the same time. Term of office: Six years, commencing at noon on the 30 following their election. (Sec. 4, Art. VI)
th
day of June next
Local Initiative- not less than 2,000 registered voters in case of autonomous regions, 1,000 in case of provinces and cities, 100 in case of municipalities, and 50 in case of barangays, may file petition with the Regional Assembly or local legislative body, respectively proposing the adoption, enactment, repeal, or amendment, of any law, ordinance, resolution. (Sec. 13, R.A. 6735) Limitations on local initiative: a. b. the power of local initiative shall not be exercised more than once a year; initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact; and if at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled.
Limitation: No Senator shall serve for more than two consecutive terms. Voluntary renunciation of office for any length of time shall not be considered an interruption in the continuity of his service for the full term for which he was elected. House of Representatives Composition: Not more than 250 members, unless otherwise provided by law, consisting of: a. b. District Representatives, elected from legislative districts. Party-list Representatives, who shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations. Sectoral Representatives, one half of the seats allocated to the party-list representatives shall be filled, as provided by law, by selection or election from the labor, women, and such other sectors as may be provided by law, except the religious sector.
c.
c.
Congress Composition: A Senate and a House of Representatives. (Sec. 1, Art. VI) The Senate Composition: 24 Senators elected at large by the qualified voters of the Philippines, as may be provided by la. (Sec. 2, Art. VI) Qualifications: a. b. c. Natural-born citizen of the Philippines; on the day of the election, at least 35 years of age; able to read and write;
The question of validity of an apportionment law is a justiciable question (Macias vs. COMELEC) Apportionment shall be made in accordance with the number o respective inhabitants, on the basis o uniform and progressive ratio. But: (i) each city with not less than 250,000 inhabitants shall be entitled to at least one representative; and (ii) Each province, irrespective of number of inhabitants, is entitled to at least one representative.
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Each Legislative District shall comprise, as far as practicable, Contiguous (in physical contact), Compact (solid), and Adjacent (close by or near) territory. Gerrymandering- arrangement of districts in such a way as to favor the election of preferred candidates through inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts. Congress shall make reapportionment of legislative districts within three years following the return of every census. The Court held that the Constitution does not preclude Congress from increasing its membership by passing a law other than a general apportionment law. (Mariano vs. COMELEC) Qualifications: a. b. c. d. e. Natural-born citizen; on the day of the election, at least 25 years old; able to read and write; registered voter in the district in which he shall be elected; resident thereof for not less than one year immediately preceding the election. (Sec. 6, Art. VI)
Sectoral party- an organized group of citizens belongin tp any of the following sectors; labor, peasant, elderly, women, youth, and others whose principal advocacy pertains to the special interest and concerns of their sector. Sectoral organization-group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interests or concerns. Coalition- an aggrupation of registered national regional, sectoral parties or organizations for political and/or election purposes. Registration: a. Not later than 90 days before election day, file a verified petition through its president or secretary for its participation in the party-list system; attaching a copy of its constitution, by laws, platform, and list of officers, and such other relevant information as may be required by the COMELEC. The petition shall be published in at least 2 newspapers of general circulation. After notice and hearing, be resolved within 15 days and in no case no later than 60 days before the election.
b. c.
Refusal and/or cancellation of Registration: Term of office: 3 years, commencing at noon on the 30 day of june next following their election. Limitation: shall not serve for more than three consecutive terms. Party-list Party-list system- mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional, and sectoral parties or organizations or coalitions thereof registered with the COMELEC. (R.A.7941) Party- either a political party or a sectoral party or a coalition of parties. Political party- an organized group of citizens advocating an ideology or platform, principles, and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office.
th
a. b. c. d. e.
Religious sect foreign organizations advocating violence and unlawful means has ceased to exist for at least one year fails to participate in the last two elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections for the constituency in which it has registered.
Nomination of Party-list Representatives: a. Political group shall submit to the COMELEC not later than 45 days before the election at least 5 names from which its representatives may be chosen in case it obtains the required number of votes. The names of the party-list nominees shall not be shown on the certified list of participants in the party-list system.
b.
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c. d. e.
Only persons who have given their consent in writing may be named as party-list candidates. Persons who lost in the immediately preceding he election are ineligible. No change shall be allowed after the list shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing, becomes incapacitated.
Choosing Party-list representatives: party-list representatives are proclaimed by the COMELEC based on the list of names submitted by the respective parties, organizations, or coalitions to the COMELEC according to their ranking in the list. Effect of change of affiliation: Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat, provided that if he changes his political party or sectoral affiliation within six months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization. Vacancy: In case of vacancy, the vacancy shall be filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. Term: party-list representatives shall be elected for a term of 3 years, and shall be entitled to the same salaries and emoluments as regular members of the HOR. Election Regular: unless otherwise provided by law, on the second Monday of May (Sec. 8, Art. VI) Special: to fill a vacancy, but elected member shall serve only for the unexpired portion of the term (Sec. 9, Art. VI) Salaries: The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase (Sec. 10, Art. VI) There is no prohibition against the receipt of allowances by the Members of the Congress. Reduction of the salaries of the members of the Congress is not prohibited by the Constitution. Privileges
Qualifications: a. b. c. d. Natural-born citizen of the Philippines; registered voter; resident of the Philippines for at least one year immediately preceding the day of the election; at least 25 years of age at the day of the election.
Youth sector representative: at least 25 years of age on the day of the election but not more than 30 years of age in the day of the election. Manner of voting: Every voter is entitled to two votes Allocation of seats for party-list representatives: a. ranked from the highest to the lowest based on the number of votes they garnered during the elections; and those receiving at least 2% of the total votes cast shall be entitled to one-seat each, provided that those garnering more than 2% of the votes shall be entitled to additional seats in proportion to their total number of votes, provided, finally, that each shall be entitled to not more than 3 seats.
Additional seats= Votes cast for Qualified Party Votes cast for first party (Veterans Federation Party vs. COMELEC)
Allowed seats for First party
Even major political parties are allowed by the Constitution to participate in the party-list system, they must show, however, that they represent the interests of the marginalized and under-represented. (Ang Bagong Bayani vs. COMELEC)
15
a.
Freedom from arrest- A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years of imprisonment, be privileged from arrest while the Congress is in session. Session as used does not refer to the day-to-day meetings of the legislature but to the entire period from its initial convening until its final adjournment. Privilege of speech and of debate- No Members shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. The member of Congress may be held to account for such speech or debate by the House to which he belongs. (Osmena vs. Pendatun)
Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Sec. 13, Art. VI) The ban against appointment to the office created or the emoluments thereof increased shall, however, last only for the duration of the term for which the member of Congress was elected. Other inhibitions- No Senator o Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial or other administrative bodies. Neither shall he directly or indirectly, be interested financially in any contract with, or any any franchise or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including any government owned or controlled subdivision, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. (Sec. 14, Art. VI) What is prohibited is PERSONALLY appearing as counsel. Upon assumption of office, must make a full disclosure of financial and business interests. Shall notify House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are the authors. (Sec. 12, Art. VI) Sessions Regular Congress shall convene once every year on the fourth Monday of July, unless a different date is fixed by law, and shall continue for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and Legal Holidays. (Sec. 15, Art. VI) Special The President may call a special session at any time (Sec. 15, Art. VI) Joint sessions a. Voting separately:
b.
Disqualifications Incompatible office No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government owned or controlled corporations or their subsidiaries during his term of office without forfeiting his seat. (Sec. 13, Art. VI) Forfeiture of the seat in Congress shall be automatic upon the members assumption of such other office deemed incompatible with his seat in Congress. (Adaza vs. Pacana) No forfeiture shall take place if the member of Congress holds the other government office in an ex-officio capacity. General rule: Not hold more than one position. Exemption: Ex-officio position but shall not receive additional compensation. Forbidden office
16
1. 2. 3. 4. 5. b.
Choosing the President (Sec. 4, Art. VII) Determine Presidents disability (Sec. 11, Art. VII) Confirming nomination of the Vice-President (Sec. 9, Art. VII) Declaring the existence of State of War (Sec. 23, Art. VI) Proposing Constitutional amendments (Sec. 1, Art. XVII)
Each House may determine the rules of its proceedings. (Sec. 16 (3), Art. VI) Discipline of members House may punish its members of disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend (for not more than sixty days) or expel a member. (Sec. 16 (3), Art. VI) The determination of the acts which constitute disorderly behavior is within the full discretionary authority of the House concerned, and the Court will not review such determination, the same being a political question. (Osmena vs. Pendatun) Records and Books of accounts Preserved and open to the public in accordance with law,; books shall be audited by COA which shall publish annually an itemized list of amounts paid to and expenses incurred for each member. (Sec. 20, Art. VI) Legislative Journal and the Congressional Record Each House shall keep an Journal of its proceedings, and from time to time publish the same, excepting such parts, as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the journal. Each House shall also keep a Record of its proceedings. (Sec. 16(4), Art. VI) Matters which under the Constitution, are to be entered in the journal: a. yeas and nays on the third and final reading of the bill; b. veto message of the President; c. yeas and nays on the repassing of a bill vetoed by the President; and d. yeas and nays on any question at the request of 1/5 of members present. Journal- record of what is done and past in a legislative assembly Enrolled Bill- one duly introduced and finally passed by both Houses, authenticated by the proper officers of each, and approved by the President. Court is bound under the doctrine of separation of powers by the contents of a duly authenticated measure of the legislature. (Mabanag vs. Lopez)
Voting jointly: to revoke or extend the proclamation suspending the privilege of the writ of habeas corpus or placing the Philippines under martial law. (Sec. 18, Art. VII)
Adjournment Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. (Sec. 16(5), Art. VI) Officers Senate to elect its President, and the House of Representatives its Speaker, by a majority vote of all its respective members. Each House shall choose such other officers as it may deem necessary. (Sec. 16 (1), Art. VI) Quorum A majority of each House, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as such House may determine. (Sec. 16 (2), Art. VI) Quorum- any number sufficient to transact business, which may be less than the majority of the membership. (Javellana vs. Tayo) The basis in determining the existence of a quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate. (Avelino vs. Cuenco) The question of quorum cannot be raised repeatedly, especially when the quorum is obviously present, for the purpose of delaying the business of the House. (Arroyo vs. De Venecia) Rules of Procedings
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Enrolled bill prevails, except as to matters which, under the Constitution, must be entered in the Journal. (Astorga vs. Villegas) Congressional Record- the word-for-word transcript of the proceedings taken during the session. Electoral Tribunals (Sec. 17, Art. VI) Composition- Three Supreme Court justices designated by the Chief Justice, and six members of the House concerned chosen on the basis of proportional representation from the political parties registered under the party-list system represented therein. The Senior Justice shall be its chairman.
A political party must have at least two elected Senators for every seat in the Commission on Appointments. It is not mandatory to elect 12 Senators to the Commission; what the Constitution requires is that there must be at least a majority of the entire membership. (Guingona vs. Gonzales) Powers- The Congress shall act on all appointments submitted to it within 30 session days of Congress from their submission. The Commission shall rule by a majority vote of its members. The Commission shall meet only while the Congress is in session, at the call of its chairman or a majority of its members. (Sarmiento vs. Mison) The Commission on Appointment is independent of the two House of Congress; its employees are not, technically, employees of Congress. It has the power to promulgate its own rules of procedure. (Pacete vs. Sec, COA)
HRET was created as a non-partisan court. Disloyalty to the party and breach of party discipline are not valid grounds for the expulsion of members. HRET members enjoy security of tenure. (Bondoc vs. Pineda) Power- The Electoral Tribunals of the house of Congress shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. The HRET shall assume jurisdiction only after the winning candidates (who is a party to the election controversy) shall have been duly proclaimed, has taken his oath of office and has assumed the functions of the office, because it is only then that he is said to be a member of the House. (Aquino vs. COMELEC) The Electoral Tribunal is independent of the House of Congress. (Angara vs. Electoral Commission) and its decision may be reviewed by the Supreme Court only upon showing of grave abuse of discretion in a petition for certiorari filed under Rule 65 of the Rules of Court. (Pena vs. HRET) Commission on Appointments (Sec. 18, Art. VI) Composition- The Senate President, as ex officio Chairman, 12 Senators and 12 Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties registered under the party-list system represented therein. The Chairman shall not vote except in case of a tie. (Daza vs. Singson)
Powers of Congress 1. General (plenary) legislative power (Sec. 1, Art. VI). Legislative power is the power o propose, amend, and repel laws. a. Limitations: Substantive: Express: Bill of Rights, on appropriations, on taxation, Constitutional appellate jurisdiction of the Supreme Court, no law granting a title of royalty or nobility shall be passed. Implied: Non-delegation of powers, and prohibition against the passage of irrepealable laws.
Procedural: Only one subject, to be expressed in the title thereof. (Sec. 26, Art. VI) Three readings on separate days: printed copies of bill in its final form distributed to members three days before its passage, except when the President certifies to its immediate enactment to meet a public calamity or emergency; upon last reading, no
18
amendment allowed, and vote thereon taken immediately and yeas and nays entered in the Journal. (Sec. 26, Art. VI) The Presidential Certification dispensed with the requirement not only of printing but also that of reading bill on separate days.
The spending power, called the power of the purse belongs to Congress, subject only to the veto power of the President. The power of appropriation carries with it the power to specify the project or activity to be funded under the appropriation law. (PhilConSa vs. Enriquez) Need for Appropriation
Legislative Process Procedure No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except hen the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. (Sec. 26 (2), Art. VI) It is within the power of the Bicameral Conference Committee to include in its report an entirely new provision that is not found either in House or Senate Bill. (Tolentino vs. Sec of Finance) Rules adopted by deliberative bodies are subject to revocation, modification, or waiver at the pleasure of the body adopting them. (Osmena vs. Pendatun) Approval of Bills. The bill become a law in any of the following cases: a. b. When the president approves the same and signs it. When Congress overrides the Presidential veto. The veto is overridden upon a vote of 2/3 of all members of the House of origin and the other House. Partial veto is allowed only for particular items in an appropriation, revenue, or tariff bill (Sec. 27 (2), Art. VI) Congressional veto- a means whereby the legislature can block or modify administrative action taken under a statute. When the president fails to act upon the bill fot thirty days from receipt thereof, the bill shall become a law as if he had signed it. (Sec. 27 (1), Art. VI) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. (Sec. 29 (1), Art. VI) Appropriation Law- the primary and specific purpose of which is to authorize the release of public funds from Treasury. Classification a. General Appropriation Law- passed annually, intended to provide for the financial operations of the entire government during one fiscal period. Special Appropriation Law- designed for specific purpose.
b.
Implied limitations on appropriation measures: -Appropriation must be devoted to public purpose. (Pascual vs. Sec of Public Works and Communications) -The sum authorized to be released must be determinate, or at least determinable. Constitutional limitations on special appropriation measures: -must specify the public purpose for which the sum is intended. -must be supported bby funds actually available as certified to by the National Treasurer, or to be raised by a corresponding revenue proposal included therein. (Sec. 25 (4), Art. VI) Constitutional limitations on General Appropriations Law (Sec. 25, Art. VI): -Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget.
c.
Effectivity of laws (Art. 2, New Civil Code) Tanada vs. Tuvera) Power of Appropriation
19
-the form, content, and manner of preparation of the budget shall be prescribed by law. -No provision or enactment shall be embraced unless it relates specifically to some particular appropriation therein. (Garcia vs. Mata) -procedure for approving appropriations for Cngress shall strictly follow the procedure for approving appropriations for other departments and agencies. -prohibition against transfer of appropriations. No law shall be passed authorizing any transfer of appropriations, however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriation law for their respective offices from savings in other items in their respective appropriations. (Sec. 25 (5), Art. VI) -prohibition against appropriation for sectarian benefit. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher or dignitary, as such, except when the priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. ( Sec. 29 (2), Art. VI) -automatic reappropriation. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. (Sec. 25 (7), Art. VI) Impoundment- the refusal by the president for whatever reason to spend the funds made available by Congress. (PhilConSa vs. Enriquez) Power of Taxation Limitations: -rule of taxation shall be uniform and equitable. Congress shall evolve a progressive system of taxation.
-Charitable institutions, etc. and all lands, building and improvements actually, directly, and exclusively used for relisious charitable or educational purposes shall be exempt from taxation. (Sec. 28 (3), Art. VI) -All revenues and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposesshall be exempt fromt taxation and duties. (Sec. 4(3), Art. XIV) -Law granting tax exemption shall be passed only with the concurrence of the majority of all the members of Congress. (Sec. 29 (4), Art. VI) Power of Legislative Investigation The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules or procedure. The rights of persons appearing in or affected by such inquiries shall be respected. (Sec. 21, Art. VI) Limitations: -in aid of legislation -in accordance with the duly published rules of procedure -rights of persons appearing in, or affected by such, inquiry shall be respected.
Power to punish contempt- punishment of contumacious witness may include imprisonment, for the duration of the session. The Senate, being a continuing body, may order imprisonment for an indefinite period, but principles of due process and equal protection will have to be considered. (Arnault vs. Balagtas) Question Hour. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rule of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires, the appearance shall be conducted in executive session. (Sec. 22, Art. VI)
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Power to conduct in aid of legislation- the aim of which is to elicit information that may be used for legislation. (Senate vs. Ermita) Power to conduct a question hour- the objective of which is to obtain information in pursuit of Congress oversight function. (Senate vs. Ermita) When Congress merely seeks to be informed on how department heads are implementing the statutes which it has issued, its right to such information is not as imperative as that of the President to whom the department heads must give a report of their performance as a matter of duty. The Congress may only request the appearance of department heads who may appear with the consent of the president. When the inquiry in which the Congress requires their appearance is aid of legislation under section 21, the appearance is mandatory. When Congress exercises its power of inquiry, the only way for department heads to exempt themselves therefrom is by valid claim of executive privilege. War powers By a vote of 2/3 of both Houses in joint session assembled, voting separately, declare the existence of state of war. Power to act as Board of Canvassers in election of President (Sec. 4, Art. VII) Even after Congress has adjourned its regular session, it may continue to perform this constitutional duty of canvassing the presidential and vice-presidential election results without need of any call for a special session by the President. (Pimentel vs. Joint Committee of Congress) Power to call a special election for President and Vice-president. (Sec. 19, Art. VII)
Power to concur in Presidential Amnesties. Concurrence of majority of the members of Congress. (Sec. 19, Art. VII) Power to concur in treaties or international agreements. Concurrence of at least 2/3 of all the members of the Senate. (Sec. 21, Art. VII) Power to confirm certain appointments/ nominations made by the President. Nomination made by the President in the event of a vacancy in the Office of the Vice-President, from among the members of Congress, confirmed by a majority vote of all the Members of both Houses of congress, voting separately. (Sec. 9, Art. VII) Nominations made by the president under section 16, Art. VII, confirmed by the Commission on Appointments. Power of Impeachment (Sec. 2, Art. XI) Power relative to natural resources. (Sec. 2, Art. XII) Power to propose amendments to the constitution. (Secs. 1 and 2, Art. XVII) _____________________ Executive Department The President Qualifications (Sec. 2, Art. VII) a. b. c. natural-born citizen of the Philippines; a registered voter; able to read and write; at least forty years of age on the day of the election; and a resident of the Philippines for at least ten years immediately preceding such election.
Power to judge Presidents physical fitness to discharge the functions of the presidency. (Sec. 11, Art. VII) Power to revoke or extend suspension of the privilege of writ of habeas corpus or declaration of martial law. (Sec. 18, Art. VII)
d. e.
Election (Sec. 4, Art. VII)
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Regular: Second Sunday of May Congress as canvassing board: Returns of every election for President and VicePresident, duly certified by the Board of Canvassers of each province or city, shall be transmitted to Congress, directed to the Senate President, who, upon receipt of the certification of canvass, shall, not later than 30 days after the day of the lection, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. Congress may validly delegate the initial determination of the authenticity and due execution of the certificates of canvass to a Joint Congressional Committee, composed of the members of the House of Representatives, and the Senate. Supreme Court as Presidential Electoral Tribunal: The Supreme Court sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or vice-President, and may promulgate its rules for the purpose. Term of office: 6 years No reelection; and no person who has succeeded as President and has served as such for more than four years shall be qualified for reelection to the same office at any time.
After his tenure, the President cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties. (Estrada vs. Desierto) Department Secretary who is an alter ego of the President cannot invoke immunity from suit in a case filed against him because the questioned acts are not the acts of the President. Executive privilege- the right of the President and high-level executive branch officials to withhold information from Congress, the courts, and ultimately, the public. (Senate vs. Ermita) The necessity for withholding the information must be of such a high degree as to outweigh the public interest enforcing that obligation in a particular case. (Senate vs. Ermita) Prohibitions/ inhibitions (Secs. 6 and 13, Art. VII) a. b. Shall not receive any other emoluments from the government or any other source. Unless otherwise provided by the Constitution, shall not hold any other office or employment. The Vice-President may be appointed to the Cabinet, without the need of confirmation by the Commission on Appointments; and the Secretary of Justice is an ex-officio member of the JBC. Shall not, directly or indirectly, practice any other profession , participate in any business, or be financially interested in any contract with, or in any franchise or special privilege granted by the government or any subdivision, agency, or instrumentality thereof, including GOCC or their subsidiaries. Strictly avoid conflict of interest in the conduct of their office. May not appoint spouse or relatives by consanguinity or affinity within the fourth civil degree as members of Constitutional Commissions, or the Office of the Ombudsman, or as secretaries, undersecretaries, chairmen or heads of bureaus or offices, including GOCC and their subsidiaries.
c. Oath of office- Sec. 5, Art. VII Privileges- Sec. 6, Art. VII Official Residence Salary- determined by law, shall not be decreased during tenure. No increase shall take effect until the expiration of the term of the incumbent during which such increase was approved. Immunity from suit- President is immune from suit; she may not be prevented from instituting suit. (Soliven vs. Makasiar) d. e.
Rules on Succession a. Vacancy at the beginning of the term
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1. 2. 3. 4.
Death of permanent disability of the President-elect: Vice-Presidentelect shall become President. President-elect fails to qualify: Presidentelect shall act as President until the President-elect shall have qualified. President shall not have been chosen: Vice-President-elect shall act as President until a President shall have been chosen and qualified. No President and Vice-President chosen nor shall have qualified, or both shall have died or become permanently disabled: The President of the Senate or, in case of disability, the Speaker of the House of Representatives shall act as President until a President or a VicePresident shall have been chosen and qualified. In the event of inability of the officials mentioned, Congress shall, by law, provide for the manner in which one who is to act as President shall be selected until a President or a Vice-President shall have qualified. d.
transmits to the Senate President and Speaker his written declaration that no inability exists, he shall reassume the powers and duties of his office. Meanwhile, should a majority of the Members of the Cabinet transmit within 5 days to the Senate President and Speaker their written declaration that the President is unable to discharge the powers and duties of his office, Congress shall decide the issue. For this purpose, Congress shall convene, if not in session, within 48 hours. And if within 10 days from receipt of the last written declaration or, or if not in session, within 12 days after it is required to assemble, Congress determines by a 2/3 vote of both Houses, voting separately, that the President is unable to discharge the powers and duties of his office, the vice-president shall act as President; otherwise, the President shall continue exercising the powers and duties of his office. Constitutional duty of Congress in case of vacancy in the offices of President and Vice-President: at ten oclock in the morning of the third day after the vacancy occurs, Congress shall convene without need of a call, and within 7 days enact a law calling for a special election to elect a President and Vice-President to be held not earlier than 45 nor later than 60 days from the time of such call. The bill shall be deemed certified and shall become law upon its approval on third reading by Congress. xxx The convening of Congress cannot be suspended nor special election postponed. xxx No special election shall be called if the vacancy occurs within 18 months before the date of the next presidential election.
b.
Vacancy during the term: 1. 2. Death, permanent disability, removal from office, or resignation of the President: Vice- President shall become the President. Death, permanent disability, removal from office, or resignation of President and Vice-President: Senate President or, in case of his inability, the Speaker of the House of Representatives, shall act as President until a President or Vice-President shall be elected and qualified. Congress, by law, shall provide for the manner in which one is to act as President in the event of inability of the officials mentioned above.
Removal of President. By Impeachment (Secs. 2 and 3, Art. XI) The Vice-President Qualifications, election, term of office and removal The same as the president (Sec. 3, Art. VII), but no Vice-President shall serve for more than 2 successive terms. The Vice-President may be appointed as member of the cabinet. Vacancy in the office of the Vice-President (Sec. 9, Art. VII): The President shall nominate a Vice-President from among the members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the members of both Houses of Congress, voting separately.
c.
Temporary Disability 1. When President transmits to the Senate President and the Speaker of the House his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary: such powers and duties shall be discharged by the Vice-President as Acting President. When a majority of all the Members of the Cabinet transmit to the Senate President and the Speaker their written declaration that the President is unable to discharge the powers and duties of his office, the Vice-President shall immediately assume the powers and duties of the office as Acting President.xxx Thereafter, when the President
2.
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_______________ Powers of the President The executive Power (Secs. 1, Art. VII): The executive power shall be vested in the President of the Philippines. Sec. 17, Art. VII: xxx he shall assure that the laws are faithfully executed. Executive power- the power to enforce and administer the laws. Authority to organize the Office of the President- the President can reorganize the Office of the President proper by abolishing, consolidating or merging units, or by transferring functions from one unit to another. The power of appointment (Sec. 16, Art. VII): The President shall nominate and, with the Consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by la, and those whom he may be authorized by law to appoint. The Congress, may by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. Appointment- the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. Designation- imposition of additional duties, usually by law, on a person already in the public service. Commission- written evidence of the appointment. Appointments, classified Permanent or temporary Permanent appointments- those extended to persons possessing the qualifications and the requisite eligibility and are thus protected by the constitutional guarantee of security of tenure.
Temporary appointment- given to person without such eligibility, revocable at will and without the necessity of just cause or a valid investigation.
Temporary appointment and a designation are not subject to confirmation by the Commission on Appointments. (Valencia vs. Peralta) Regular or ad interim Regular appointment- one made by the President while the Congress is in session, takes effect only after confirmation by the Commission on Appointments, and once approved, continues until the end of the term of the appointee. Ad Interim appointment- one made by the President while Congress is not in session, takes effect immediately, but ceases to be valid if disapproved by the Commission on Appointments or upon the next adjournment of Congress.
Ad interim appointment is a permanent appointment. (Pamantasan ng Lungsod ng Maynila vs. IAC) The fact that it is subject to confirmation by the Commission on Appointments does not alter its permanent character. (Matibag vs. Benipayo) Disapproval is final and binding on both the appointee and the appointing power. (Matibag vs. Benipayo) Steps in the appointing process: a. b. c. d. Nomination by the President; Confirmation by the Commission on Appointments; Issuance of the commission; Acceptance by the appointee.
Appointment is deemed complete only upon acceptance. (Lacson vs. Romero) Special Constitutional Limitations on the Presidents appointing power: a. The president may not appoint his spouse and relatives by consanguinity or affinity within the fourth civil degree as Members of the Constitutional Commissions, as Ombudsman, or as Secretaries, Undersecretaries, Chairmen, or heads of bureaus or offices, including GOCC. (Sec. 13, Art. VII)
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Appointments extended by an acting President shall remain effective unless revoked by the elected President within ninety days from his assumption of office. (Sec. 14, Art. VII) c. To months immediately before the next presidential elections and up to the end of his term, a President or acting President shall not make appointments except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. (Sec. 15, Art. VII) There is no law that prohibits local executive officials from making appointments during the last days of their tenure. (De Rama vs. CA) The President is neither required to make appointments to the courts nor allowed to do so. While the filling up of vacancies in the judiciary is undoubtedly in the public interest, there is no showing of any compelling reason to justify the making of the appointments during the period of the ban. (In re: Mateo Valenzuela) The Power of Removal General Rule: the power of removal may be implied from the power of appointment. Exception: the Constitution prescribes certain methods for separation of such officers from public service. The Power of Control The President shall have control of all the executive department, bureaus, and offices. x x x Control- the power of an officer to alter or modify, or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. (Mondano vs. Silvosa) Supervision- overseeing, or the power or authority of an officer to see that subordinate officers perform their duties, and if the latter fail or neglect to fulfill them, then the former may take such action or steps as prescribed by law to make them perform their duties. The Presidents power to reorganize the executive branch is also an exercise of his residual powers under Administrative Code of the Philippines.
b.
P.D. 1772, which amended P.D. 1416 grants the President the continuing authority to reorganize the national government which includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities, and to standardize salaries and materials. (MEWAP vs. Romulo) The Alter-Ego Principle (Doctrine of Qualified Political Agency)- recognizes the establishment of a single executive, all executives and administrative organizations are adjuncts of the executive department, the head of the various executive departments are assistants and agents of the Chief Executive. (DENR vs. DENR Region XII Employees) Even if a Secretary is an alter-ego of the President, a Secretary cannot invoke the Presidents immunity from suit in a case filed against him, inasmuch as the questioned acts are not those of the President (Gloria vs. CA) General Rule: Appeal to the president from decisions of subordinate executive officers, including cabinet members, completes exhaustion of administrative remedies. (Tan vs. Director of Forestry) Exception: The Doctrine of Qualified Political Agency applies, the decision of the Cabinet Secretary carries the presumptive approval of the President, and there is no need to appeal to the President in order to complete exhaustion of administrative remedies. (Kilusang Bayan, etc. vs. Dominguez) The power of control may be exercised by the president only over the acts, not over the actor. (Angangco vs. Castillo) The President exercises only the power of general supervision over local governments (Sec. 4, Art. X) The Military Powers The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In cases of invasion or rebellion, when public safety requires it, he may for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. xxx Suspension of the writ of Privilege of Habeas Corpus
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Grounds: Invasion, when public safety requires it, or Rebellion, when public safety requires it. Duration: Not to exceed sixty days, following which it shall be lifted, unless extended by Congress. Duty of the President to report action to Congress: within 48 hours, personally or in writing. Congress may revoke or extend on request of the President the effectivity of proclamation by majority vote of all its members, voting jointly. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or extension thereof, and must promulgate its decision thereon within thirty days from its filing. (Sec. 18, Art. VII) The suspension of the privilege of the writ does not impair the right to bail. (Sec. 13, Art. III) The suspension applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise, he shall be released. Martial Law A state of martial la w does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. (Sec. 18, Art. VII) The Constitutional limitations for the suspension of the privilege of the writ are likewise imposed on the proclamation of martial law. The Pardoning Power
Except in cases of impeachment, or as otherwise provided by the Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the members of the Congress. (Sec. 19, Art. VII) Pardon- An act of grace which exempts the individual on whom it is bestowed from the punishment that the law inflicts for the crime he has committed. Reprieve- Postponement of a sentence or stay of execution. Commutation- Reduction or mitigation of the penalty. Parole- Release from imprisonment, but without full restoration of liberty, as parolee ho committed political offenses, which puts into oblivion the offense itself. Amnesty- Act of grace, concurred in by the legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself. Exercise of Pardoning Power: Discretionary, may not be controlled by the Legislature or reversed by the courts, unless there is a constitutional violation. (People vs. De Garcia) Limitations on Exercise: a. b. c. d. e. f. Cannot be granted in cases of impeachment. (Sec. 19, Art. VII) Cannot be granted in cases of violation of election laws without the favorable recommendation of the COMELEC. ( Sec. 5, Art. IX-C) Can be granted only after conviction by final judgment. Cannot be granted in cases of legislative contempt or civil contempt. Cannot absolve the convict of civil liability. Cannot restore public offices forfeited. (Monsanto vs. Factoran)
Pardon, Classified: a. Plenary or partial Plenary pardon- extinguishes all the penalties imposed upon the offender.
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Partial pardon- does not extinguish all the penalties imposed upon the offender Absolute or conditional
Treaty- international agreements which involve political issues or changes of national policy and those involving international arrangements of a permanent character. Formal documents require ratification. Executive agreements- international agreements involving adjustment details carrying out well established national policies and traditions and involving arrangements of a more or less temporary nature. Become binding through executive action. Budgetary Power
b.
Absolute pardon- one extended without any strings attached. Conditional pardon- one under which the convict is required to comply with certain requirements.
A conditional pardon is in the nature of a contract between the Chief Executive and the convicted criminal. (Torres vs. Gonzales)
Amnesty The person released under an amnesty proclamation stands before the law precisely as though he had committed no offense. (People vs. Patriarca) To avail the benefits of an amnesty proclamation, on must admit his guilt of the offense covered by the proclamation. (Vera vs. People)
The President shall submit to Congress within 30 days from the opening of the regular session, as the basis of the general appropriations act, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. (Sec. 22, Art. VII)
The Informing Power The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time. (Sec. 23, Art. VII) Other powers
The Borrowing Power The President may contract or guarantee foreign loans on behalf of the Republic with the prior concurrence of the Monetary Board, and subject to such limitations as may be provided by law. The Monetary Board shall, within 30 days from the end of every quarter, submit to the Congress a complete report of its decisions on application for loans to be contracted or guaranteed by the Government or Government-owned or Controlled Corporations which would have the effect of increasing the foreign debt, and containing other matters as may be provided by law. (Sec. 20, Art. VII) The Diplomatic Power No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the Senate. (Sec. 21, Art. VII)
a. b. c. d. e. f.
Call Congress to a special session. (Sec. 15, Art. VI) Power to approve or veto bills. (Sec. 27, Art. VI) To consent t deputation of government personnel by the COMELEC. (Sec. 2(4), Art. IX-C) To discipline such deputies. (Sec. 2(8), Art. IX-C) By delegation from Congress, emergency powers. (Sec. 23(2), Art. VI), and tariff powers. (Sec. 23(2), Art. VI) General supervision over local governments and autonomous regional governments. (Art. X) _____________________ Judicial Department
The Judicial Power- includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to
27
lack or excess of jurisdiction on the part of any branch or instrumentality of the government. (Sec. 1 (2), Art. VIII) The Court is not precluded from examining its own ruling and rectifying errors of judgment if blind and stubborn adherence to res judicata would involve the sacrifice of justice to technicality. (De Leon vs. CA) The Judicial Power is vested in one Supreme Court and in such lower courts as may be established by law. (Sec. 1, Art. VIII) Jurisdiction- the power to hear and decide a case. Congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Sec. 5, Art. VIII. (Sec. 2, Art. VIII) No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided by the Constitution without its advice and concurrence. (Sec. 30, Art. VI) Constitutional safeguards to insure the independence of the Judiciary a. b. c. The SC is a constitutional body; it may not be abolished by the Legislature. The members of the SC are removable only by impeachment. The SC may not be deprived of its minimum original and appellate jurisdiction; appellate jurisdiction may not be increased without its advice and concurrence. The SC has administrative supervision over all inferior courts and personnel. The SC has the exclusive power to discipline judges/ justices of inferior courts. The members of the Judiciary have security of tenure. Salaries of judges may not be reduced; the Judiciary enjoys fiscal autonomy. The Sc, alone, may initiate and promulgate the Rules of Court. The, SC, alone, may order temporary detail of judges. The Sc can appoint all officials and employees of the Judiciary.
Qualifications (Sec. 7(3), Art. VIII): a. b. c. d. Of proven competence,; Integrity; Probity; Independence
Supreme Court (Sec. 7(1), Art. VIII): a. b. c. Natural-born citizen of the Philippines; At least 40 years of age; For 15 years or more a judge of a lower court, or engage d in the practice of law in the Philippines.
Lower Collegiate Courts (Sec. 7(1) (2), Art. VIII): a. b. c. Natural-born citizen of the Philippines; Member of the Philippine Bar Congress may prescribe other qualifications.
Lower courts (Sec. 7(1) (2), Art. VIII): a. b. c. Citizen of the Philippines; Member of the Philippine Bar; Congress may prescribe other qualifications.
d. e. f. g. h. i. j.
Procedure for Appointment a. Appointed by the President of the Philippines from among a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy; the appointment shall need no confirmation. (Sec. 9, Art. VIII) Any vacancy in the SC shall be filled within 90 days from the occurrence thereof. (Sec. 4(1), Art. VIII) For lower courts, the President shall issue the appointment within 90 days from submission by the JBC of such list. (Sec. 9, Art. VIII)
b. c.
Appointment to the Judiciary
Prohibition against midnight appointments- two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments except temporary appointments to executive positions
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when continued vacancies therein will prejudice public service or endanger public safety. (Sec. 15, Art. VIII) The Judicial and Bar Council a. Composition (Sec. 8(1), Art. VIII) Ex-officio members: Chief Justice, as chairman, The Secretary of Justice, and a representative o Congress Regular members: A representative of the IBP, a professor of law, a retired justice of the SC, and a representative of a private sector. Secretary ex-officio: The Clerk of the SC b. Appointment: The regular members shall be appointed by the President for a term of four (4) years, with the consent of the Commission on Appointments. They shall receive such emoluments as may be determined by the SC. (Sec. 8(2), Art. VIII) c. Powers/ functions: Principal function of recommending appointees to the Judiciary. May exercise such other functions and duties as the Supreme Court may assign to it. (Sec. 8(5), Art. VIII)
Division- Other cases or matters may be heard in division, and decided and resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues and voted thereon, but in no case without the concurrence of at least 3 of such members. When the required number is not obtained, the case shall be decided en banc. Cases are decided, while matters are resolved. On the basis of this distinction, only cases are referred to the Sc en banc for decision whenever the required number of votes is not obtained. No doctrine or principle of la laid down by the court in a decision rendered en banc or in decision may be modified or reversed except by the court sitting en banc.
Powers (Sec. 5, Art. VIII) Original Jurisdiction: over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Appellate Jurisdiction: Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or Rules of Court may provide, final judgment and orders of lower courts in: a. Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question; All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; All cases in which the jurisdiction of any lower court is in issue; All criminal cases in which the penalty imposed is reclusion perpetua or higher; All cases in which only an error or question of law is involved.
The Supreme Court a. Composition: A Chief Justice and 14 Associate Justices. It may sit en banc or in its divisions of three, five or seven members. Any vacancy shall be filled within 90 days from occurrence thereof. (Sec 4(1), Art. VIII) b. En banc/ Division cases: En banc- All cases involving the constitutionality of a treaty , international or executive agreement, or law; and all other cases which, under the Rules of Court, are to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations. These cases are decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues and voted thereon.
b.
c. d.
e.
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This power does not include the power of the SC to review decisions of administrative bodies, but is limited to final judgment and orders of lower courts. (Ruffy vs. Chief of Staff) Only in cases where the penalty actually imposed is death that the trial court forward the records of the case to the Supreme Court for automatic review of the conviction. (People vs. Redulosa) Where the penalty imposed is merely reclusion perpetua, the accused should appeal the decision of conviction; otherwise, the judgment of conviction will become final and executor. (Garcia vs. People) The appellate jurisdiction of the SC over decisions and final decisions of the Sandiganbayan is limited to questions of law. Temporary assignment of judges of lower courts as public interest may require; but the assignment shall not exceed six months without the consent of the judge concern. Order change of venue or place of trial to avoid miscarriage of justice. (People vs. Gutierrez) Rule making power: Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Limitations on the rule-making power- The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases; they must be uniform for all courts of the same grade; and must not diminish, increase or modify substantive rights. Integrated bar is a State-organized Bar, to which every lawyer must belong, as distinguished from a bar association organized by individual lawyers themselves, membership in which is voluntary. (In re Integration of the Bar of the Philippines) Payment of dues is a necessary consequence of membership in the IBP, of which no one is exempt. (Letter of Atty. Cecilio Arevalo, Jr.) The enforcement of the penalty of removal does not amount to deprivation of property without due process of law. The Writ of Amparo
The nature and time-tested role of amparo has shown that it is an effective and inexpensive instrument for the protection of constitutional rights. (Azcuna, The Writ of Amparo: A Remedy to enforce Fundmental Rights) The petition for a Writ of Amparo is a remedy available to any person whose right of life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. (Sec. 1, A.M. 07-9-12) The Writ of Habeas Data The Writ of Habeas Data is an independent remedy to protect the right to privacy, especially the right to informational privacy. The Writ of Habeas data is a remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, honor, and correspondence of the aggrieved party. (Sec. 1, A.M. No. 08-1-16) Power of appointment: The SC appoints all officials and employees of the Judiciary in accordance with the Civil Service law. (Sec. 5(6), Art. VIII) Power of Administrative Supervision: The SC shall have administrative supervision over all courts and the personnel thereof. (Sec. 6, Art. VIII) The Ombudsman may not initiate or investigate a criminal or administrative complaint before his office against a judge; he must first indorse the case to the SC for appropriate action. (Fuentes vs. Office of the ombudsman-Mindanao) Annual Report: SC to submit, within 30 days from the opening of each regular session of Congress, to the President and to Congress an annual report on the operations and activities of the Judiciary. (Sec. 16, Art. VIII) Consultations/ Decisions of the Supreme Court (Sec. 13 and 14, Art. VIII) Conclusions in any case submitted to it for decision shall be reached in consultation before the case is assigned to a member for the writing of the opinion of the Court. This Requirement does not apply to administrative cases. (Prudential bank vs. Castro)
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When the votes are equally divided and the majority vote is not obtained, xxx, petition shall be dismissed. (Cruz vs. Sec. DENR) The decision shall state clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration shall be refused due course or denied without stating the legal basis therefor. Lack of merit is sufficient declaration of the legal basis for denial of petition for review or motion for reconsideration. (Prudential bank vs. Castro) Tenure of Judges/ Justices
Judges who cannot comply with the mandate should ask for additional time, explaining in their request the reasons for the delay. (Sanchez vs. Judge Vestil) Despite expiration of the mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay. The court does not lose jurisdiction over the case, despite the lapse of the mandatory period, but the erring judge of justice may be subjected to administrative sanctions for the delay. ___________________ Constitutional Commissions
Supreme Court: Justices may be removed only by impeachment. (Sec. 2, Art. XI) Lower Courts: Judges shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. (Sec. 11, Art. VIII)
General provisions The independent Constitutional Commissions are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. (Sec. 1, Art. IX-A) Safeguards ensuring the independence of the Commissions:
The Supreme Court en banc shall have power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues and voted thereon. (Sec. 11, Art. VIII) The grounds for the removal of a judicial officer should be established beyond reasonable doubt, particularly where the charges on which the removal is sought are misconduct in office, willful neglect, corruption, incompetence, etc. No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members. (Sec. 2, Art. VIII) Salaries: Fixed by law, may not be decreased during their continuance in office. Period for decision (Sec. 15, Art. VIII) All cases filed xxx must e decided or resolved, from date of submission, within: 24 months- SC; 12- lower collegiate courts; and 3 months- all other lower courts; unless, in the two latter cases, the period is reduced by the SC. A certification to be signed by the Chief Justice or presiding Justice shall be issued stating the reason for delay.
a. b. c. d. e. f. g. h. i. j. k.
They are constitutionally created; may not be abolished by statute. Each is expressly described as independent. Each is conferred certain powers and functions which cannot be reduced by statute. The Chairmen and members cannot be removed except by impeachment. The Chairmen and members are given a fairly long term of office of seven years. The Chairmen and members may not be reappointed or appointed in an acting capacity. The salaries of the chairman and members are relatively high and may not be decreased during continuance in office. The Commissions enjoy fiscal autonomy. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase or modify substantive rights. The Chairmen and members are subject to certain disqualifications calculated to strengthen their integrity. The Commissions may appoint their own officials and employees in accordance with Civil Service Law.
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Inhibitions/ disqualifications a. Shall not, during tenure, hold any other office or employment. b. Shall not engage in the practice of any profession. c. Shall not engage in the active management or control of any business which in any way may be affected by the functions of his office. d. Shall not be financially interested, directly or indirectly, in any contract, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including GOCC. Rotational scheme of Appointments: In order to preserve the periodic succession mandated by the Constitution, the rotational plan requires two conditions: 1) The terms of the first commissioners should start on a common date; 2) Any vacancy due to death, resignation or disability before the expiration of the term should be filled only for the unexpired balance of the term. (Gaminde vs. COA) Decisions Each Commission shall decide by a majority vote of all its members on any case or matter brought before within sixty days from the date of its submission for decision or resolution. (Sec. 7, Art. IX-A) The provision of the Constitution is clear that what is required is the majority vote of all the members, not only of those who participated in the deliberations and voted thereon in order that a valid decision may made by the Constitutional Commissions. (Estrella vs. COMELEC) Any decision, order or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. Enforcement of decision: Final decisions of the Civil Service Commission are enforceable by a writ of execution that the Civil Service Commission may itself issue. __________________ The Civil Service Commission Composition: A Chairman and two Commissioners Qualifications:
a. b. c. d.
Natural-born citizen of the Philippines; At the time of the appointment, at least 35 years of age; with proven capacity for public administration Must not have been candidates for any elective position in the election immediately preceding their appointment.
They shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. In no case shall any member be reappointed or designated in a temporary or acting capacity. (Brillantes vs. Yorac) Constitutional Objectives/ functions: As the central personnel agency of the government, to establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in the civil service. To strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and to institutionalize a management climate conducive to public accountability. (Sec. 3, Art. IX-B) Under the Administrative Code of 1987, the CSC has the power to hear and decide administrative cases instituted before it directly or on appeal, including contested appointments. 9Mathay vs. CSC) Cope of the Civil Service: Embraces all branches, subdivisions, instrumentalities and agencies of the Government, including GOCC. (Sec. 2(1), Art. IX-B) Classes of Service: Career service. Characterized by entrance based on merit and fitness to be determined, as far as practicable by competitive examinations, or based on highly technical qualifications; opportunity for advancement to higher career positions; and security of tenure. Positions included: a. b. c. d. e. Open career positions- where prior qualification in an appropriate examination is required; Closed career position- e.g. scientific, or highly technical in nature; Career Executive Service- e.g. undersecretaries, bureau directors, etc. Career officers- other than those belonging to the Career Executive Service who are appointed by the President; Positions in the AFP, although governed by separate merit system;
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f. g.
Personnel of GOCC with original charters; Permanent laborers, whether skilled, semi-skilled or unskilled.
b.
Non-career Service. Characterized by entrance on bases other than those of the usual tests utilized for the career service; tenure limited to a period specified by la, or which is co-terminus with that of the appointing authority or subject to his pleasure., or which is limited to the duration of a particular project for which purpose the employment was made. Positions included: a. b. c. d. Elective officials and their personal and confidential staff; Department heads and officials of Cabinet rank who hold office at the pleasure of the President and their personal and confidential staff; Chairmen and members of commissions and boards with fixed term of office; and their personal and confidential staff; Contractual personnel or those whose employment in government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period not exceeding one year, under their own responsibility, with the minimum direction and supervision; Emergency and seasonal personnel.
Primarily confidential: denoting not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgivings or betrayals on confidential matters of state 9Delos Santos vs. Mallare); or one declared to be so by the president of the Philippines upon recommendation of the CSC (Salazar vs. Mathay) Highly technical: which requires possession of technical skill or training in a supreme or superior degree.
c.
Discretion of the appointing authority: Even in the career service of the Civil Service, where the appointee possesses the minimum qualification requirements prescribed by law for the position, the appointing authority has discretion who to appoint. (Luego vs. CSC) Role of the Civil Service Commission: All that the Commission is authorized to do is to check if the appointee possesses the qualifications and appropriate eligibility: If he does, his appointment is approved; if not, it is disapproved. (Lopez vs. CSC) Disqualifications: a. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any GOCC or in any of their subsidiaries. (Sec. 6, Art. IX-B) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. (Sec 7(1), Art. IXB) Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including GOCC or their subsidiaries. (Sec. 7(2), Art. IX-B)
e.
Appointments in the Civil Service: made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy determining, primarily confidential or highly technical, by competitive examination. (Sec. 2(2), Art. IX-B) General Rule: A permanent appointment can issue only to a person ho possesses all the requirements for the position to which he is appointed. (Darangina vs. CSC) Exception: In the absence of appropriate eligible, he or she may be appointed to the position merely in temporary capacity for a period of 12 months, unless sooner terminated by the appointing authority. (Darangina vs. CSC) Exempt from the competitive examination requirement are positions which are: a. Policy-determining: where the officer lays down principal or fundamental guidelines or rules; or formulates a method of action for government or any of its subdivisions.
b.
c.
Security of tenure. No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (Sec. 2(3), Art. IX-B) The grounds and the procedure for investigation of charges and the discipline of civil service officers and employees are provided in the Civil Service law. Noncompliance therewith constitutes a denial of the right to security of tenure.
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Security of tenure in the Career Executive Service pertains only to rank, not to the position to which the employee may be appointed. (General vs. Roco) Valid abolition of office does not violate the constitutional guarantee of security of tenure. (De la Llana vs. Alba) Reorganization of office does not necessarily result in abolition of the office, and does not justify the replacement of permanent officers and employees. (Dario vs. Mison) Partisan Political Activity. No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (Sec 2(4), Art. IX-B) The military establishment is covered by this provision. xxx But this prohibition applies only to those in the active military service, not to reservists. (Cailles vs. Bonifacio) Exempt from this provision are members of the cabinet (Santos vs. Yatco) and public officers and employees holding political offices. (Sec. 45, Civil Service law) Right to self-organization. The right to self-organization shall not be denied to government employees. (Sec. 2(5), Art. IX-B) The right to organize and join unions, associations or societies cannot be curtailed. (MPSTA vs. Laguio) Government employees may not engage in strikes to demand changes in the terms and conditions of employment because the terms and conditions of employment are provided by law. (MPSTA vs. Laguio) Protection to temporary employees. Temporary employees of the Government shall be given such protection as may be provided by la. (Sec. 2(6), Art. IX-B) Standardization of Compensation. The Congress shall provide for the standardization of compensation of government officials and employees including those in GOCC with original charters, taking into
account the nature of the responsibilities pertaining to, and the qualifications required for their positions. (Sec. 5, Art. IX-B) Double Compensation. No elective or appointive public officer or employee shall receive additional, double or indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as additional, double or indirect compensation. (Sec. 8, Art. IX-B) Oath of allegiance. All public officers and employees shall take an oath or affirmation to uphold and defend the Constitution 9Sec. 14, Art. IX-B) __________________ The Commission on Elections Composition: A Chairman and Six (6) Commissioners Qualifications: (Sec. 1, Art. IX-C) a. b. c. d. e. Natural-born citizens; At least 35 years of age; holders of a college degree; Not have been candidates in the immediately preceding election; Majority, including the Chairman, must be members of the Philippine Bar who have been in the practice of law for at least ten (10) years.
They shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. No member shall be appointed or designated in a temporary or acting capacity. (Brillantes vs. Yorac) En banc or division cases. It may sit en banc or in two divisions, and shall promulgate its rules or procedure in order to expedite disposition of election cases, including pre-proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided en banc. (Sec. 3, Art. IX-C)
34
Cases which must first be heard and decided in division: a. All election cases, including pre-proclamation contests, originally cognizable by the Commission in the exercise of its powers under Sec. 2(2), Art. IX-C of the Constitution. Jurisdiction over a petition to cancel a certificate of candidacy. Cases appealed from the RTC or MTC upon the filing of motion for reconsideration. A petition for certiorari filed with the Commission from RTC or MTC.
special privileges, concessionsto ensure equal opportunity, time, space, right to reply, etc. ---with the objective of holding free, orderly, honest, peaceful, and credible elections. (Sec. 4, Art. IX-C) No pardon, amnesty, parole, etc., for violation of election laws shall be granted by the president without its favorable recommendation. (Sec. 5, Art. IX-C) COMELEC cannot exercise the power of apportionment. There are only three instances where a failure of elections may be declared, namely: a) The election in any polling place has not been held on the date fixed on account of force majeure, violence, terrorism, fraud or other analogous causes; b) the election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force majeure, violence, terrorism, fraud, or other analogous causes; or c) after the voting and during the preparation and transmission of the lection returns or in the custody or canvass thereof such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous causes. (Pasandalan v. COMELEC) The COMELEC to conduct a hearing on a verified petition to declare failure of election, it is necessary that the petition must show on its face two conditions: a) that no voting has taken place in the precinct on the date fixed by la or, even id there was voting, the election nevertheless results in failure to elect; and b) the votes not cast would affect the results of the election. (Mitmug vs. COMELEC) COMELEC is not authorized to make an unofficial quick count of presidential election results. (Brillantes vs. COMELEC) Exclusive original jurisdiction over all contests relating to the election, returns, and qualifications of all elective regional, provincial and city officials, Exclusive appellate jurisdiction over all contests involving elective municipal officials decided by the RTC or involving elective barangay officials decided by the MTC and decision therein shall be final, executor, and unappealable.
b. c. d.
Exception: a. A petition for the correction of manifest errors alleges an erroneous copying of figures from the election return to the Statement of Votes by precinct. The power of the COMELEC to prosecute cases of violation of election laws involves the exercise of ADMINISTRATIVE POWERS which may be exercised directly by the COMELEC en banc. (Baytan vs. COMELEC)
b.
COMELEC decisions reviewable by the Supreme Court: a. b. c. Only decisions of the COMELEC en banc may be brought to the Supreme Court on certiorari. Only decisions of the COMELEC made in the exercise of its adjucatory or quasi-judicial power may be brought to the Supreme Court on certiorari. The COMELEC en banc shall promulgate rules concerning pleadings and practice before it or any of its offices, but they must not diminish, increase or modify substantive rights. (Sec. 6, Art. IX-A) b. Constitutional powers and functions (Sec. 2, Art. IX-C) a. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, or recall. During the election period, the COMELEC may regulate enjoyment or utilization of all franchises and permits for the operation of transportation and other public utilities, media of communication or information, grants,
35
The COMELEC shall have exclusive jurisdiction over all preproclamation controversies. (Sec. 242, BP 881) In making the COMELEC the sole judge of all contests, the Constitution intended to give it full authority to hear and decide those cases from beginning to end, and on all matters related thereto, including those arising before the proclamation of winners. (Javier vs. COMELEC) The COMELEC cannot deprive the RTC of its competence to order execution of judgment pending appeal, because the mere filing of an appeal does not divest the trial court of its jurisdiction over a case and the authority to resolve pending incidents. The COMELEC has the statutory power tom cite for contempt, but the power may be exercised only while the COMELEC is engaged in the performance of quasi-judicial functions. (Guevara vs. COMELEC) The power of the Supreme Court to review decisions of involves only final orders, rulings, and decisions of the COMELEC en banc rendered in the exercise of its adjucatory or quasi-judicial powers. (Ambil vs. COMELEC) Decide, save 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.
e.
Register after sufficient publication, political parties, organizations, or coalitions which must present their platform or program of government; accredit citizens arms.
Groups which cannot be registered as political parties: (Sec. 2(5), Art. IX-C) a. b. c. d. Religious denominations or sects; Those who seek to achieve their goals through violence or unlawful means; Those who refuse to uphold and adhere the Constitution; and Those supported by foreign governments.
Grounds for cancellation of registration: 1. 2. 3. 4. 5. Accepting financial contributions from foreign governments or their agencies; (Sec. 2(5), Art. IX-C) Violates or fails to comply with laws, rules or regulations relating to elections; (R.A. 7941) It declares untruthful statements in its petition; (R.A. 7941) It has ceased to exist for at least one year; (R.A. 7941) It fails to participate in the last two preceding elections or fails to obtain at least 2% of the votes cast under the party-list system in the two preceding elections for the constituency in which it was registered. (R.A. 7941) File upon a verified complaint or on its own initiative petitions in court for the inclusion or exclusion of voters; investigate and where appropriate, prosecute cases of violations of election laws. The COMELEC has exclusive jurisdiction to investigate and prosecute cases for violations of election laws. (De Jesus vs. People) Recommend to Congress effective measure to minimize election spending, including limitation of places where propaganda materials shall be posted and to prevent and penalize all forms of election frauds, offenses, malpractice, and nuisance candidates. Submit to the president and Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum or recall.
c.
f. As an incident to its duties concerning registration of voters, it may decide a question involving the right to vote, but its decision shall be subject to judicial review. When exercising its purely administrative powers under its paragraph, the COMELEC may not punish contempt. (Guevara vs. COMELEC) g. d. Deputize with the concurrence of the President, law enforcement agencies, and instrumentalities for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. May recommend to the President the removal of any officer it has deputized, or the imposition of any other sanction, for disobedience, violation or disregard of its orders. (Sec. 2(8), Art. IX-C) h.
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For the validity of an election, it is essential that the voters have notice in some from, either actual or constructive, of the time, place, and purpose thereof. No law provides for a reglementary period within which to file a petition for the annulment of an election if there has been no proclamation yet. (Loong vs. COMELEC)
Qualifications: natural-born citizen of the Philippines; At least 35 years of age; CPAs with not less than 10 years of auditing experience or members of the Philippine Bar with at least 10 tears practice of law; d. Must not have been candidates in the election immediately preceding the appointment. At no time shall all members belong to the same profession (sec. 1(1), Art. IX-D) They shall be appointed by the president with the consent of the Commission on Appointments for a term of seven years without reappointment. (Sec. 1(2), Art. IX-D) Powers and Duties (Sec. 2, Art. IX-D) a. Examine, audit and settle all account pertaining to the revenue and receipts of and expenditures or uses of funds and property owned or held in trust or pertaining to the Government. On post-audit basis: Constitutional Commissions and bodies or offices granted fiscal autonomy under the Constitution; autonomous state colleges and universities; other GOCC and their subsidiaries; and nongovernmental entities receiving subsidy or equity, directly or indirectly, from or through the government. Temporary or special pre-audit: Where the internal control system of the audited agency is inadequate. The duty to pass in audit a salary voucher is discretionary. (Gonzales vs. Provincial Board of Iloilo) The COA has audit jurisdiction over GOCC with original charters, as well as GOCC without original charters. The nature or purpose of the corporation is not material in determining COAs audit jurisdiction. Neither is the manner of creation of a corporation, whether under a general or special law. (Feliciano vs. COA) Keep the general accounts of Government and preserve vouchers and supporting papers for such periods as provided by law. a. b. c.
Special Election The prohibition on conducting special elections after 30 days from cessation of the cause of failure of election is not absolute. It is directory, not mandatory, and the COMELEC has residual powers to conduct special elections even beyond the deadline prescribed by the law. (Sembarani vs. COMELEC) Party system A free and open party system shall be allowed to evolve according to the free choice of the people. (Sec. 6, Art. IX-C) No votes cast in favor of a political party, organization, coalition shall be valid except for those registered under the party-list system. (Sec. 7, Art. IX-C) Parties registered under the party-list system shall be entitled to appoint poll watchers in accordance with law. (Sec. 8, Art. IX-C) Election Period: Unless otherwise fixed the Commission in special cases, the election period shall commence ninety days before the day of the election and shall end thirty days thereafter. (Sec. 9, Art. IX-C) Judicial Review of the COMELEC decisions: A petition for certiorari under Rule 65 of the Rules of Court, filed with the Supreme Court within 30 days from receipt of a copy of final order, ruling or decision of the Commission en banc. (Aratuc vs. COMELEC) ________________ The Commission on Audit Composition/Appointment: A Chairman and Two Commissioners
b.
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c.
Authority to define the scope of its audit and examination, establish techniques and methods required therefor. The power of the Commission to define the scope of its audit and to promulgate auditing rules and regulations and the power to disallow unnecessary expenditures, is exclusive, but its power to examine and audit is not exclusive. (DBP vs. COA) Promulgate accounting rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, expensive, extravagant or unconscionable expenditures or use of government funds or property.
a. b. c. d. e. f.
Culpable violation of the Constitution; Treason; Bribery; Graft and Corruption; Other High crimes; Betrayal of public trust.
d.
Procedure for Impeachment: Congress shall promulgate its rules on impeachment to effectively carry out the purpose. Initiating Impeachment case: The House of Representatives shall have the exclusive power to initiate all cases of impeachment. The impeachment case is deemed initiated when the complaint with the accompanying resolution of endorsement has been filed with the House of Representatives and referred to the appropriate committee. A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof. Included in the Order of Business within 10 session days, and referred to the proper Committee within 3 session days. If a verified complaint is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trila by the Senate shall forthwith proceed. The Committee, after hearing, and by a majority vote of all its members, shall submit its report to the House within 60 session days from such referral, together with the corresponding resolution. A vote of at least 1/3 of all the members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution. The vote of each member shall be recorded. Limitation on initiating of impeachment case: not more than once within a period of one year against the same official.
Jurisdiction of the Commission: No law shall be passed exempting any entity of government or any investment of public funds, from the jurisdiction of the COA. (Sec. 3, Art. IX-D) _____________________ Accountability of Public officers Statement of Policy: Public office is a public trust. 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 (Sec. 1, Art. XI) Impeachment- A national inquest into the conduct of public men. Impeachable officers: a. b. c. d. President/ Vice-President; Chief Justice and Assoc. Justices of the SC; Chairmen and Members of ConCom; Ombudsman
The enumeration of impeachable officials is exclusive. An impeachable officer who is a member of the Philippine Bar cannot be disbarred without first being impeached. (Jarque vs. Desierto) Grounds for Impeachment:
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Trial and Decision: the Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. A decision of conviction must be concurred in by at least two-thirds of all the members of the Senate. Effect of conviction: Removal from office and disqualification to hold any other office under RP. The party convicted shall be liable and subject to prosecution, trial and punishment according to law. _____________ The Sandiganbayan Composition: Presiding Justice and Eight Associate Justices, with the rank of Justice of the Court of Appeals. It sits in Three (3) divisions of three members each. (P.D. 1606) Jurisdiction: Requisites: (Lacson vs. Executive Secretary) a. The offense committed is a violation of R.A. 3019, R.A. 1379, Chapter II, Section 2, Title VII, Book II of RPC, E.O. Nos. 1, 2, 14, and 14-A, issued in 1986, or other offenses or felonies whether simple or complexed with other crimes. The offender committing the offense is a public officer or employee holding any of the positions enumerated in Par. a, Section 4, R.A. 8249; and The offense committed is in relation to the office.
The appellate jurisdiction of the Sc over decisions and final orders of the Sandiganbayan is limited to questions of law. (Republic vs. Sandiganbayan) _______________ The Ombudsman Composition: An Ombudsman to be known as the Tanodbayan, one over-all Deputy and at least one deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed. Qualifications: a. b. c. d. e. f. Natural-born Citizen; At least 40 years of age; Of recognized probity and independence; Members of the Philippine bar; Must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have been a judge or engage in the practice of law or ten years or more.
Appointment: By the President from a list of at least six nominees prepared by the JBC, and from a list of at least three nominees for every vacancy thereafter. All vacancies to be filled in three months. Term of office: Seven years without reappointment Rank and Salary: The Ombudsman and his Deputies shall have the rank and salary of Chairman and Members, respectively, of the Constitutional Commissions, and their salary shall not be decreased during their term of office. Fiscal autonomy: The Office of the Ombudsman shall enjoy fiscal autonomy. Disqualifications/ inhibitions:
b. c.
Decisions/ Review: The unanimous vote of all the three members shall be required for the pronouncement of judgment by a division. Decisions of the Sandiganbayan shall be reviewable by the Supreme Court on a petition for certiorari.
a.
Shall not hold any other office or employment;
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b.
Shall not engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office; Shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government or any of its subdivision, etc; Shall not be qualified to run for any office in the election immediately succeeding their cessation from office.
c.
The power of the Ombudsman to investigate and to prosecute as granted by law, is plenary and unqualified. It pertains to any act or omission of any public officer or employee which appears to be illegal, unjust, improper or inefficient. The law does not make any distinction between cases cognizable by the Sandiganbayan and those cognizable by regular courts. (Ombudsman vs. Enoc) The authority of the Ombudsman to investigate is not an exclusive authority, but rather a shared or concurrent authority with the DOJ Panel of investigators, in respect of the offense charged. (Honasan vs. Panel of Investigating Prosecutors) Pursuant to Section 25 of R.A. 6770, the Ombudsman has the power to impose penalties in administrative cases. (Office of the Ombudsman vs. CA) The Ombudsman has the constitutional power to directly remove from government service an erring public official, other than Member of Congress or Judiciary. (Office of the Ombudsman vs. CA) The Ombudsmans authority to impose administrative penalty and enforce compliance therewith is not merely recommendatory; it is mandatory within the bounds of law. The implementation of the order imposing the penalty is, however, to be coursed through the proper office. (Office of the Ombudsman vs. Madriaga) The Special Prosecutor: The existing Tanodbayan (at the time of the adoption of the 1987 Constitution) shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise powers as now or hereafter provided by law, except those conferred on the Office of the Ombudsman created under the Constitution. (Zaldivar vs. Gonzales) The Tanodbayan (called the Special Prosecutor under the 1987 Constitution) is clearly without authority to conduct preliminary investigations and to direct the filing of criminal cases with the Sandiganbayan, except upon orders of the Ombudsman. (Salvador Perez vs. Ombudsman) Ill-gotten Wealth: The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel. The provision applies only to civil actions for recovery of ill-gotten wealth and not to criminal cases.
d.
Powers and Duties: Office of the Ombudsman has not jurisdiction to investigate employees of GOCC organized under Corporation Code. (Khan vs. Office of the Ombudsman) The Tanodbayan could review and reverse the findings of the City Fiscal, and order him to withdraw certain charges , inasmuch as the Presidents power of control is exercised not by the Secretary of Justice but by the Tanodbayan because the offense charged were allegedly committed by a public functionary in connection with her office. (De Jesus vs. People) The fact that the Ombudsman may start an investigation on the basis of any anonymous letter does not violate the equal protection clause. (Almonte vs. Vazquez) For purpose of initiating a preliminary investigation before the Office of the Ombudsman, a complaint in any form or manner is sufficient. (Garcia vs. Miro) The Congress can, by statute, prescribe other powers, functions, and duties to the Ombudsman. (Acop vs. Office of the Ombudsman) The Ombudsman can also investigate criminal offenses committed by public officers which have no relation to their office. (Vazquez vs. Alino) The Ombudsman Is also granted by law the power to cite for contempt, and this power may be exercised by the ombudsman while conducting preliminary investigation because preliminary investigation is an exercise of quasi-judicial function. (Lastimosa vs. Vasquez)
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Restriction on Loans: No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any governmentowned or controlled bank or financial institution to the President, Vice-President, the members of the Cabinet, The Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure. Statement of assets, liabilities, and net worth: A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities and net worth. In the case of the President, the Vice-President, the members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions, and other constitutional offices, and officers of the armed forces of general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. Allegiance to the state and the constitution: Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law. _____________________ National Economy and Patrimony Goals (Sec. 1, Art. XII): a. b. More equitable distribution of opportunities, income, and wealth; Sustained increase in amount of goods and services produced by the nation for the benefit of the people; Expanding production as the key to raising the quality for all, especially the underprivilege.
Natural Resources The Regalian Doctrine (Jura Regalia) The universal feudal theory that all lands were held from the crown. (Carino vs. Insular Government) Sec. 2, Art. XII: All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora, and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. Before any land may be classified from the forest group and converted into inalienable or disposable land for agricultural or other purposes, there must be positive act from the Government. The mere fact that a title was issued by the Director of Lands does not confer ownership over property covered by such title where the property is part of the public forest. (Sunbeam Convenience Food vs. CA) In the absence of proof that property is privately owned, the presumption is that it belongs to the State. (Republic vs. Sayo) The classification of public land is an exclusive prerogative of the Executive Department through the Office of the President. (Republic vs. Register of Deeds of Quezon)
Imperium and Dominium Imperium. Government authority possessed by the State which is appropriately embraced in sovereignty. Dominium. Capacity of the government to own or acquire property. The government may provide for the exploitation and use of lands and other natural resources, including their disposition, except as limited by the Constitution.
c.
The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. The State shall protect Filipino enterprises from unfair competition and trade practices.
Citizenship Requirements.
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a.
Co-production, joint venture or production sharing agreements (for exploration, development, and utilization of natural resources): Filipino citizens, or corporations or associations at least 60% of whose capital is Filipino owned. Agreement shall not exceed a period of 25 years, renewable for another 25 years. (Sec. 2, Art. XII) Use and enjoyment of the nations marine wealth in its archipelagic waters, territorial sea and exclusive economic zone (P.D. 1599); UN Convention on the Law of the Sea: Exclusively for Filipino citizens (Sec. 2, Art. XII) The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. (Sec. 7, Art. XII) Marginal fisherman- an individual engaged in fishing whose margin of return or reward from his harvest of fish, as measured by existing price levels, is barely sufficient to yield a profit or cover the cost of gathering the fish. (Tano vs. Socrates) Subsistence fisherman- one whose catch yields but irreducible minimum for his livelihood. (Tano vs. Socrates) Alienable lands of the public domain (which shall be limited to agricultural lands): Only Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant; or lease not more than 500 hectares. Private corporations may lease not more than 1,000 hectares for 25 years, renewable for another 25 years. Certain areas of investment (as Congress shall provide when national interest so dictates): Reserved for Filipino citizens or corporations 60% of whose capital is Filipino owned, although Congress may prescribe a higher percentage of Filipino ownership. (Sec. 10, Art. XII) In the grants of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. (Sec. 10, Art. XII) Franchise, certificate, or any other form of authorization for the operation of public utility: only to citizens of the Philippines, or corporations at least 60% of whose capital is Filipino-owned. (Sec. 11, Art. XII)
A franchise to operate a public utility is not an exclusive private property of the franchisee. No franchisee can demand or acquire exclusivity in the operation of public utility. (Pilipino Telephone Communications vs. NTC) What constitutes a public utility is not their ownership but their use to the public. (Tatad vs. Garcia) Public utility is a business or service engaged in regularly supplying the public with some commodity or service of public consequence, xxx. To constitute a public utility, the facility must be necessary for the maintenance of life and occupation of the residents. (JG Summit Holdings vs. CA)
b.
Classification of Lands of the Public Domain (Sec. 3, Art. XII): a. b. c. d. Agricultural; Forest or timber; Mineral lands; National Parks.
Alienable lands of the public domain shall be limited to agricultural lands. (Republic vs. CA) Forest lands cannot be owned by private persons; it is not registrable, and possession thereof, no matter how lengthy, cannot convert into private land, unless the land is reclassified and considered disposable and inalienable. Foreshore land is that part of the land which is between the high and low water, and left dry by the flux and reflux of the tides. It is part of the alienable land of the public domain and may be disposed of only by lease and not otherwise. (Republic vs. Imperial) Private corporations or associations may not hold such alienable lands of the public domain except by lease. Congress shall determine the specific limits of forests lands and national parks, marking clearly their boundaries on the ground. (Sec. 5, Art. XII) The State shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well being. (Sec. 5, Art. XII)
c.
d.
e.
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The Stewardship concept The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. (Sec. 6, Art. XII) The State shall apply the principles of agrarian reform or stewardship, whenever, applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. x x x The State may resettle landless farmers and farm workers in its on agricultural estates which shall b distributed to them in the manner provided by law. (Sec. 6, Art. XIII) Private Lands Rules:
A natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Sec. 8, Art. XII) R.A. 8179 has increased the maximum area of private land which the former natural-born Filipino citizen may acquire to 5,000 square meters for urban land and 3 hectares for rural land. Furthermore, such land may now be used for business and for other purposes. Remedies to recover private land from disqualified alien: a. b. Escheat proceedings Action for reversion under the Public Land Act The action of the State for reversion of public domain of land fraudulently granted to private individuals is imprescriptible. (Baguio vs. Republic) Private parties are without legal standing at all to question the validity of respondents title. (Urquiaga vs. CA) An action for recovery filed by the former Filipino owner, the pari delicto doctrine having been abandoned, unless the land is sold to an American citizen prior to July 3, 1974 and the American citizen obtained title thereto.
c. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. (Sec. 7, Art. XII) Any sale or transfer in violation of the prohibition is null and void. Land tenure is not indispensable to the free exercise of religious profession and worship. Land sold to an alien which was later transferred to a Filipino citizen---or where the alien later becomes a Filipino citizencan no longer be recovered by the vendor. (Republic vs. IAC and Gonzales)
Preference for Filipino labor, etc. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. (Sec. 12, Art. XII) Practice of profession The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. (Sec. 14, Art. XII) Cooperatives Hereditary succession. This does not apply to testamentary dispositions. (Ramirez vs. Vda. de Ramirez) The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development. (Sec. 15, Art. XII)
Exceptions to the rule:
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Monopolies Policy- The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. (Sec. 19, Art. XII) Monopoly- a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right (or power) to carry on a particular business or trade, manufacture a particular article, and control the sale of a particular commodity. (Agan, Jr. vs. PIATCO) Central Monetary Authority The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. x x x The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions. x x x Until Congress otherwise provides, the Central Bank of the Philippines, operating under existing laws, shall function as the central monetary authority. (Sec. 20, Art. XII) _____________________ Social Justice and Human Rights Policy Statement The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition ownership, use and disposition of property and its increments. (Sec. 1, Art. XII) The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. (Sec. 2, Art. XIII) Labor- The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all, it shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between the workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right to labor to its just share in the fruits of production and the rights of enterprises to reasonable returns on investments, and to expansion and growth. (Sec. 3, Art. XIII) Agrarian and Natural Resources Reform Section 4. who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the rights of small landowners. The State shall further provide incentives for voluntary land-sharing. Section 5. The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. Section 6. The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of local marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate
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technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. Section 8. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. Urban Land and Housing Reform The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such programs the State shall respect the rights of small property owners.(Sec. 9, Art. XII) Urban or rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law in and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be located. (Sec. 10, Art. XIII) Health Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems. Section 13. The State shall establish a special agency for disabled persons for rehabilitation, self-development and self-reliance, and their integration into the mainstream of society.
Women Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
Role and Rights of People's Organizations Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decisionmaking shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. Human Rights The Commission on Human Rights Composition: Chairman and four members Qualifications: a. b. Natural-born citizens; Majority must be members of the bar.
The power to appoint the Chairman and members of the Commission is vested in the President of the Philippines without need of confirmation by the Commission on Appointments. (Mary Concepcion Bautista vs. Salonga)
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The Commission on Human Rights does not enjoy fiscal autonomy. (CHREA vs. CHR) Powers and Functions: Section 18. The Commission on Human Rights shall have the following powers and functions: (1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; (2) Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; (3) Provide appropriate legal measures for the protection of 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; (4) Exercise visitorial powers over jails, prisons, or detention facilities; (5) Establish a continuing program of research, education, ad information to enhance respect for the primacy of human rights; (6) Recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families; (7) Monitor the Philippine Government's compliance with international treaty obligations on human rights; (8) 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 investigation conducted by it or under its authority; (9) Request the assistance of any department, bureau, office, or agency in the performance of its functions; (10) Appoint its officers and employees in accordance with law; and (11) Perform such other duties and functions as may be provided by law.
The CHR, not being a court of justice, cannot issue writs of injunctions or retraining order against supposed violators of human rights. (EPZA vs. CHR)
Education, Science and Technology, Arts, Culture and Sports State Policy: The State shall give priority to education, science and technology, arts, culture and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. (Sec. 17, Art. II) The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. (Sec. 1, Art. XIV) The NMAT does not violate the right of the citizens to quality education at all levels, in fact, it ensures quality education for future doctors, and protects public health by making sure of competence of future medical practitioners. (Tablarin vs. Gutierrez) Section 2. The State shall : (1) Establish, maintain, and support a complete, adequate, and integrated system of education relevant to the needs of the people and society; (2) Establish and maintain a system of free public education in the elementary and high school levels. Without limiting the natural right of parents to rear their children, elementary education is compulsory for all children of school age; (3) Establish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to deserving students in both public and private schools, especially to the underprivileged; (4) Encourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs; and (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Constitutional objectives of education: (Sec. 3(2), Art. XIV) a. Inculcate patriotism and nationalism;
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b. c. d. e. f. g. h. i. j.
foster love of humanity; respect for human rights; appreciation of the national heroes in the historical development of the country; teach the rights and duties citizenship; strengthen ethical and spiritual values; develop moral character and personal discipline; encourage critical and creative thinking broaden scientific and technological knowledge; promote vocational efficiency.
Academic freedom shall be enjoyed in all institutions of higher learning (Sec. 5(2), Art. XIV). Colleges, publicly- or privately-owned, if they offer collegiate courses, enjoy academic freedom. Limitations: (Kay vs. Board of Higher Education of New York) a. b. The dominant police power of the State; The social interest of the community
Language a. The national language is Filipino Filipino- the fusion of dialects in the Philippines, not Tagalog nor Pilipino. For purposes of communication and instructions, the official languages are Filipino and, until otherwise provided by law, English The regional languages are the auxiliary official languages in the regions and shall serve as ancillary media of instruction therein. Spanish and Arabic shall be promoted on a voluntary and optional basis The Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic and Spanish.
Optional religious instruction Option expressed in writing by parent or guardian; public elementary and high schools; within regular class hours; by instructors designated or approved by religious authorities; without additional cost to the government. (Sec. 3(3), Art. XIV) Educational Institutions Ownership: Solely by Filipino citizens or corporations 60% Filipino owned, except those established by religious groups or mission boards, but Congress may increase required Filipino equity participation. (Sec. 4(2), Art. XIV) Control Administration: Vested in citizens of the Philippines (Sec. 4(2), Art. XIV) Alien schools: No educational institution shall be established exclusively for aliens, and no group of aliens shall comprise more than 1/3 of the enrollment in any school, except schools for foreign diplomatic personnel and their dependents, and for other foreign temporary residents. (Sec. 4(2), Art. XIV) Tax exemptions: All revenue and assets of non-stock, non-profit educational institution- as well as grants, endowments, donations, and contributionsused ACTUALLY, DIRECTLY, AND EXCLUSIVELY, for educational purposes, shall be exempt from taxes and dutie. (Sec. 4(3), Art. XIV) Highest budgetary priority to education (Sec. 5, Art. XIV). This provision has been construed to be merely directory. (Guingona vs. Carague)
b. c. d. e.
Science and Technology Section 10. Science and technology are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, and services. It shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life. Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid, or other forms of incentives shall be provided to deserving science students, researchers, scientists, inventors, technologists, and specially gifted citizens. Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest
Academic freedom
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participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology. Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law. Arts and Culture Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations. Section 16. All the country's artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition. Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies. Section 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues. (2) The State shall encourage and support researches and studies on the arts and culture.
international competitions, to foster self-discipline, teamwork, and excellence for the development of a healthy and alert citizenry. (2) All educational institutions shall undertake regular sports activities throughout the country in cooperation with athletic clubs and other sectors. The Family Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. Section 3. The State shall defend : (1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood; (2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; and (4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them. Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security. _____________________ General Provisions
Sports Section 19. (1) The State shall promote physical education and encourage sports programs, league competitions, and amateur sports, including training for
Section 1. The flag of the Philippines shall be red, white, and blue, with a sun an three stars, as consecrated and honored by the people and recognized by law. Section 2. The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall be truly reflective and symbolic of the ideals,
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history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. Section 3. The State may not be sued without its consent. Section 4. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. It shall keep a regular force necessary for the security of the State. Section 5. (1) All members of the armed forces shall take an oath or affirmation to uphold and defend this Constitution. (2) The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and respect for people's rights in the performance of their duty. (3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote. (4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government including government-owned or controlled corporations or any of their subsidiaries. (5) Laws on retirement of military officers shall not allow extension of their service. (6) The officers and men of the regular force of the armed forces shall be recruited proportionately from all provinces and cities as far as practicable. (7) The tour of duty of the Chief of Staff of the Armed forces shall not exceed three years. However, in times of war or other national emergency declared by the Congress, the President may extend such tour of duty. Section 6. The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.
Section 7. The State shall provide immediate and adequate care, benefits, and other forms of assistance to war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be provided therefor and due consideration shall be given them in the disposition of agricultural lands of the public domain and, in appropriate cases, in the utilization of natural resources. Section 8. The State shall, from time to time, review to upgrade the pensions and other benefits due to retirees of both the government and the private sectors. Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products. Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. Section 11. (1) The ownership and management of MASS MEDIA shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, WHOLLY-OWNED AND MANAGED by such citizens. The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed. (2) The ADVERTISING INDUSTRY is impressed with public interest, and shall be regulated by law for the protection of consumers and the promotion of the general welfare. Only Filipino citizens or corporations or associations at least SEVENTY PER CENTUM of the capital of which is owned by such citizens shall be allowed to engage in the advertising industry. The participation of foreign investors in the governing body of entities in such industry shall be limited to their proportionate share in the capital thereof, and all the executive and managing officers of such entities must be citizens of the Philippines. Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.
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POLITICAL LAW REVIEWER GENERAL PRINCIPLES Political Law- branch of Public Law which deals with the organization

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Constituent vs. Legislative power Steps in amendatory process

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Aerial Domains (air space above the land and waters)

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i. ii. iii. iv. v. vi. b.

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Fundamental Principles and State Policies

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Tariff powers to the President

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day of June next

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Allowed seats for First party

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Election (Sec. 4, Art. VII)

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Rules on Succession a. Vacancy at the beginning of the term

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Appointment to the Judiciary

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Shall not hold any other office or employment;

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Exceptions to the rule:

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