CONSTITUTION

State policies
1. Divorce in the Philippines
a. Under the muslim laws, there is divorce
b. Constitution not clear whether it is in favor of divorce
c. That there is no divorce in the philippines is not accurate
d. Cabanez v pilapil
2. Childrens education
a. Mayers v Nebraska : prohibits the teaching of german. This is unconstitutional
i. The more language they know, the more their vocabulary is enriched
3. Sec 13, state policy: well being
a. Physical, mental, spiritual
b. Abolished SK
c. National youth council
d. Vertuso v municipal judge: minor required a judge to post a bail; not in
accordance with the constitution; physical, mental and spiritual; reason why he
robbed was he does not have money; recognizance.
e. Deped v san diego: wants to enter med school. Student failed several times.
Deped released guidelines prohibiting students who failed several times to retake
the entrance exam.
i. According to the SC, access to quality education is a right
ii. But before you can have access to quality education, you must first
qualify
4. Women
a. Before, women were not allowed to vote, join the PMA
5. Balance and healthful ecology
a. Clear air act, clean water, balance ecology
6. Estacsts [education, science and tech, arts, culture, sports]
7. Labor
a. Full protection to labor, rights of labor
b. Independent national economy effectively controlled by filipinos
i. Public utility 60%
ii. How computed: based on no. of common shares (old method); common
and preferred to determine control (present)
iii. Gamboa case: also considered preferred shares with right to vote
iv. Control and capital (expected)
8. Support private sector
a. Government should only regulate (opinion of lecturer)
b. Consti encourage private enterprise
9. Comprehensive rural development and agrarian reform
a. comprehensive! Agrarian reform
i. at present, they just divide the land
ii. does not provide the needs in developing these lands
iii. thus, we do not produce enough resources we need (rice)
b. comprehensive rural development
10. indigenous cultural communities
a. national unity and development
11. NGOs
a. Supported by the government
b. Part of the legislative department
c. Problem: they become politicians
12. Communication and information
a. Texting
b. Cyber crime law
13. Autonomy of local government

a. All LGU are autonomous

b. IRA
i. Autonomous region does not have IRA
ii. When it was created, there was still no autonomous region
c. Only one autonomous region [muslim mindanao]
i. Cordillera was rejected by people
ii. Peace process
iii. Bangsamoro autonomy of the local government
1. Can decide on local concerns
14. Political dynasties
a. No law: what is political dynasty?
15. Graft and corruption
a. Maintain honesty and dignity
16. Full Public disclosure public interest
a. MOA with bangsamoro, during the time of arroyo
b. No law yet providing for conditions
c. SC we dont have to wait for the law. The constitution is self-executory.
i. Subject to reasonable restrictions provided by law
ii. Without these reasonable restrictions, GR is there must be full public
disclosure.
Legislative
1. power to make, alter or repeal a law [MAR]
2. Peoples initiative, Referendum: [reserved to the people]
a. Make law
i. 10% of the registered voters of the Philippines
ii. 3% of the voters of each district
iii. theres an implementing law
iv. may make, alter, repeal a law
b. amendment to the constitution
i. 12%
ii. 3%
iii. no implementing law yet [Santiago v comelec]
1. efforts were nullified because there is no law yet
iv. cannot be a revision of the entire constitution; only an amendment [only
certain portion]
1. presidential to parliament
3. Truth commission president is powerless to create that commission [noynoy aquino]
a. Unlike at the time of Corazon Aquino [before the enactment of constitution],
noynoy does not have legislative power vested on him
b. It was declared unconstitutional. President cannot create an office
c. Within the duties of ombudsman
d. Presidents power covers those in his administration, not those already out of
office.
4. 2 chambers
a. senate upper house/ smaller house
i. 24 senators elected nationwide
1. no sectoral representation in the senate
2. some regions are not represented, most are from metro manila
ii. qualifications
1. natural born citizen of the Philippines
a. sec 2, Art 4 of consti, 2 kinds
i. from birth, without having to perform any act to
acquire or perfect his citizenship

ii. elect philipino citizenship upon reaching

majority [mother is a Filipino; deemed natural
born citizen]
b. bengzon v hret
i. served as army in the states [had to swear
allegiance to states]; went back to Philippines
and swore allegiance to philippines. Ran for
office Is he natural born citizen?
ii. Repatriated [reverted to old status, becomes
again a natural born citizen of the philippines]
2. 35 yrs old on the day of election [actual election]
3. read and write
4. resident, 2 years immediately preceding the election
a. physical presence
i. residence is different from house
ii. residence at birth; residence by choice
iii. cannot have two residences at the same time.
The moment you change your residence, you
abandon the old one and acquire the new one.
iv. Case of Imelda marcos [leyte residence at
birth]
b. intention to return
5. registered voter
a. anywhere in the philippines
iii. term: 6 years, 2 consecutive terms
b. house of representative lower house/ bigger house
i. 250 members
ii. 2 kinds:
1. district representatives
a. inhabitants v. voters if you create a legislative
district, must it have 250k inhabitants?
i. Aquino v comelec bicol region, newly created
district
1. SC: need not be 250K inhabitants;
250K inhabitants only applies to
city; does not provided that it must also
apply to districts outside city.
ii. Sema v comelec [muslim Mindanao, sharif
cabungsuan]:
1. If you create a province, automatic
legislative district
2. Not participant in the creation of the
province
3. create province = create legislative
district
a. within the scope of legislation
b. not within powers of LGU
4. declared unconstitutional
2. partylist representatives
a. 20% must belong to sectoral rep [50]
b. 3 seats
c. 2% of the total voters
i. only a few reached the 2% threshold
ii. SC: constitutional prov is mandatory. As long as
you belong to the top 50, you get a seat
d. Qualification

i. Natural born
ii. 25 years old
1. member of youth partylist, must wait
until 25 year old [mandated by
constitution]
2. got into office at 29, will end term at 31.
Youth rep must be only until 30 years
old, may continue until end of term.
iii. read and write
iv. 1 year residence
v. member of the partylist
c.

legislative district
i. Gerrymandering
1. Polka-dot legislative district
2. Not allowed!, except island
3. Contiguous, adjacent
ii. Any province, entitled to one seat.
iii. Term: 3 years, 3 consecutive terms
1. 3 term limit : duly elected + served term
a. pateros case [ocampo case]
i. mayor dies, VM became mayor, elected as mayor
for the next 2 terms. Filed certificate of
candidacy, qualified?
ii. Qualified: elected and served as officer. In his
first term, he was not elected as mayor. He only
succeeded
b. A mayor of a municipality. It was converted
into a city
i. Same area, people. Pangalan lang ngiba.
ii. Does not matter if there was a change in the
status.
c. If served, but not duly elected [protested, de facto] not
his term, may run in the next election.
5. Vacancy: manner provided by law
i. HR: not within one year before election =special election
ii. Senate: no special election for the unexpired term, election during a
special election simultaneous with the regular election [no 13 senator,
will serve the unexpired term]
iii. Removal voluntary v involuntary
6. Salary fixed by law
a. Take effect after full term of the incumbent officers at the time law was enacted.
b. Only for salary, but not for allowance. May increase their allowance anytime, no
limit
7. Privilege from arrest: Immunity, while congress is in session [not more than 6 years of
imprisonment - crimes]
a. Jalosjos, honasa, trillanes more than 6 years, thus arrested
b. while congress in session session has started, continues until sine adjourn
i. not necessarily in actual session
ii. but president may call a session anytime, practically, there may always be
congress in session
8. Privilege of speech in the halls of congress, immune from being prosecuted from libel
a. Must be accordance with duty + congress in actual session; committee hearings
b. Banging of the gavel: determining point when congress is in session
c. No member can be questioned in any other place outside congress
9. Full disclosure [SALN all government employees]
a. Start of term, every year, end of term

b. Conflict of interest
10. Hold other office in the government; forfeit seat
a. 2 kinds
i. incompatible office
1. congressman + secretary of budget [executive/judicial]
2. any other office in the government
a. HR elect tribunal not any other office, it is incidental.
Qualification: HR, representative, SC, IBP
b. Only 1 rep for both houses. Latest decision
11. May not appear as counsel
a. Consti does not prohibit practice of law, but cannot personally appear as
counsel
12. Ipso facto resigned
a. Not ipso facto resigned if filed for certificate of candidacy
b. Senator who filed for certificate of candidacy for mayor. Lost in the election. May
return in the senate. Not deemed resigned. [MR]
i. However, if appointed official, deemed resigned upon filing
Topics
13. Midnight appointment
a. 2 months before end of office of the president [election], cannot make midnight
appointment
b. does this apply to judiciary appointment [corona]?
i. Not covered by the midnight appointment rule
1. Reason for the rule: To prevent hasty appointment
ii. Reason for the law does not exist
1. Before president appoints, nominees were already screened
2. There was vacancy. Must immediately fill position.
3. There was judicial bar council that screened the nominees
14. 2 types of executive privilege
15. judicial inquiry v judicial power
a. judicial inquiry: constitutionality of an act [extra ordinary power of the SC]
i. political question, before not within the power of the courts
ii. grave abuse of discretion = lack of jurisdiction
iii. Requirements:
1. Actual controversy
a. Moot and academic: there are exceptions however
i. Grave abuse violation of the constitution
ii. Capable of repetition
iii. Transcendental importance
iv. Exceptional character
v. Important to guide the public, the bench and the
bar
2. Raised by proper party locus standi
a. Injured because of the act
b. Directly involved: exception
i. Taxpayer suit [must include expenditure,
disbursement of public funds]
ii. Voters suit [conduct of election]
iii. Concerned citizen [involves all citizens; ex lilipat
ang malacanang]
iv. Legislators suit [constitutionality of truth
commission; encroaches on powers of the
legislation]
1. Vacancy in the department of health,
arroyo appointed an acting secretary

a.

Not ad interim or regular, only

acting. Legislators filed suit
before SC. Appointment will not
go thru commission on
appointment
b. SC: Madrigal does not have
standing; shes not part of
Commission on appointment,
although she was a senator.
3. Raised at the earliest possible opportunity
4. Necessary in the determination of the case
b. judicial power: solve controversies
Citizenship
1.