Professional Documents
Culture Documents
IN POLITICAL LAW
NATIONAL TERRITORY
What comprises the Philippine territory?
• The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial,
and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves areas.
Suggested Answer:
Civilian authority is at all times supreme over the
military. [Article II, Section 3]
• The installation of the President, the highest civilian
authority, as the Commander-in-Chief of the military.
[Article VII, Section 18]
• The requirement that members of the AFP swear to
uphold and defend the Constitution, which is the
fundamental law of the civil government. [Article XVI,
Section 5(1)]
• The requirement that members of the AFP shall have
respect for people's rights in the performance of their
duty. [Article XVI, Section 5(2)]
• Professionalism in the armed forces. [Article XVI,
Section 5(3)]
• Insulation of the AFP from partisan politics. [Article
XVI, Section 5(3)]
• Prohibition against the appointment of an AFP member
in the active service to a civilian position. [Article XVI,
Section 5(4)]
• Compulsory retirement of officers without extension of
service. [Article XVI, Section 5(5)]
• Requirement of proportional recruitment from all
provinces and cities, so as to avoid any regional clique
from forming within the AFP. [Article XVI, Section 5(7)]
• A 3-year limitation on the tour of duty of the Chief of
Staff, which although extendible in case of emergency
by the President, depends on Congressional
declaration of emergency. [Article XVI, Section 5(6)]
• The establishment of a police force that is not only
civilian in character but also under the local
executives. [Article XVI, Section 5(7)]
• Q: What are the provisions of the Constitution
that support the principle of Separation of
Church and State?
• The non-establishment clause in Sec. 5 of Art. III.
• Par. 2, Sec. 5 of Art. VI, regarding sectoral
representation in the House of Representatives.
Various sectors may be represented except the
religious sector.
• Prohibition against the use of public money for the
benefit of any religion or priest.
• Religious groups shall not be registered as political
parties. (Par.5, Sec. 2, Art. IX-C, 1987
Constitution)
Q: What is the strict
separationist approach?
• By birth
• Jus sanguinis – acquisition of citizenship on the
basis of blood relationship.
• Jus soli – acquisition of citizenship on the basis
of the place of birth.
• By naturalization – the legal act of adopting an
alien and clothing him with the privilege of a
native-born citizen.
• By marriage
• Q: Can there be judicial declaration that a
person is a Filipino citizen? Why?
1) a citizen to an alien;
Suggested Answer
1. By naturalization;
2. By repatriation pursuant to Republic Act No. 8171;
and
3. By direct act of Congress (Section 2 of
Commonwealth Act No. 63).
IN RE: VICENTE CHING (1999)
• He was a legitimate child born under the 1935
Constitution of a Filipino mother and an alien father;
• Upon reaching the age of majority, he voted and even
ran for public office;
• He never left the country;
• He topped the CPA exams;
• Topped his law class in Ateneo and passed the bar;
• SC did not allow him to take the oath because he did not
elect Philippine citizenship within a “reasonable time”
upon reaching the age of majority.
• Can he still do so 14 years after majority age?
IN RE: VICENTE CHING (1999)
• The phrase “reasonable time” has been
interpreted to mean that the election should be
made within three (3) years from reaching the
age of majority.
• Laches will set in after 14 years.
• Philippine citizenship can never be treated like a
commodity that can be claimed when needed
and suppressed when convenient.
• One who is privileged to elect Philippine
citizenship has only an inchoate right to such
citizenship. As such, he should avail of the right
with fervor, enthusiasm and promptitude.
LEGISLATIVE
DEPARTMENT
INCOMPATIBLE
AND
FORBIDDEN
OFFICES
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 and controlled
corporations or their subsidiaries during his term
without forfeiting his seat.”
1. Appropriation Bills;
2. Private Bills;
3. Revenue Bills;
4. Bills Increasing public debt
5. Local bills
CONGRESSIONAL
ELECTORAL
TRIBUNALS
What is the composition of the
electoral tribunal?
1. 3 Supreme Court Justices designated by the
Chief Justice; and
2. 6 members of the Chamber concerned (Senate
or HoR) chosen on the basis of proportional
representation from the political parties and
parties registered under the party-list system.
2. 12 Senators; and
4. Legislative investigation;
5. Question hour.
What bills must originate from the
House of Representatives?
APRIL
1. Appropriation bills
2. Private bills
3. Revenue bills
4. Increase of Public debt
5. Local bills
Note: The initiative for filing of ART Bills must come from the
House, but it does not prohibit the filing in the Senate of a
substitute bill in anticipation of its receipt of the bill from the
House, so long as the action by the Senate is withheld
pending the receipt of the House bill (Tolentino v. Sec. of
Finance, G.R. No. 115455, August 25, 1994)
What is an appropriations bill?
a. President
b. Senate President
c. Speaker of the HoR
d. Chief Justice
e. Heads of Constitutional Commissions may, by law,
be authorized to augment any item in the general
appropriations law for their respective offices from
savings in other items of their respective
appropriations
6. Prohibitions against appropriations for sectarian
benefit; and
6. Presidential Illness:
ii. Even during such illness, the National Security Adviser, the
Secretary of Foreign Affairs, and the Chief of Staff of the AFP are
entitled access to the President.
What are the elements of resignation?
Note: Martial law shall not be more than 60 days following which it
shall be lifted unless extended by Congress. Further, the
President, personally or in writing, has the duty to report to
Congress within 48 hours.
What are the requisites for the
suspension of the privilege of the
writ of habeas corpus?
Alternative Answer:
XPN:
1. There is a grave violation of the Constitution;
2. The exceptional character of the situation and the
paramount public interest involved;
3. When constitutional issue raised requires formulation of
controlling principles to guide the bench, the bar, and
the public; and
4. The case is capable of repetition yet evading review.
What are the determinants of the
principle of transcendental importance?
1. The character of the funds or other assets
involved in the case;