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Philippine Constitution 1
Atty Ernesto C. Salao
Constitution 1 Notes
CHAPTER 1
I.
Constitution
A. Definition
1. Constitution, In General
A constitution is that body of rules and maxims in accordance with which powers of
sovereignty are habitually exercised- Judge Cooley of Michigan
2. Constitution in the Philippines, in particular
The 1987 Constitution is the written instrument enacted by direct action of the
people by which the fundamental powers of government are established, limited
and defined and by which those powers are distributed among several
departments for their safe and useful exercise for the benefit of the body politic
Justice Malcom Philippine Constitutional Law
B. Nature and Characteristics
Constitution is the SUPREME LAW- basic and paramount law of the land in which all
laws must
conform and to which persons, including the highest officials of the land must deter.
No acts shall be valid if it conflicts with the constitution. Watson
C. Purpose (P.E.A)
Prescribe the permanent framework of a system of government
Establish certain first fixed principles to which government is founded
Assign to the several departments their respective powers and duties
D. Classification
WRITTEN/UNWRITTEN
Written- precepts are embodied in one document
Unwritten- precepts are scattered into various sources
CONVENTIONAL/CUMULATIVE
Conventional- struck off at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler
Cumulative- the result of political not inaugurated at any specific time but changing
by accretion rather than any systematic method
RIGID/FLEXIBLE
Rigid- One that can be amended ONLY by a formal process and usually difficult to
process
Flexible- One that can be changed by ordinary legislature
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Constitution 1 Notes
The last alternative is a plainly absurd procedure that permits the members of the
congress to authorize the waste of public funds by calling on their constituents to
decide a question that is essentially addressed to the legislature (pass the buck)
A third method of proposal is allowed by Section 2 of Article XVII which reads:
(applies to amendments only)
Amendments to this constitution may likewise be directly proposed by the
people through initiative upon petition of at least twelve per centum of the total
number of registered voters therein.
No amendments under this section shall be authorized within five years following
the ratification of this constitution nor oftener than once every five years thereafter.
The congress shall provide for the implementation of the exercise of this right.
Modes of proposing Amendments or Revisions:
1) Constitutional Assembly (ConAss) 3/4
2) Consitutional Convention (ConCon) 2/3 or Majority + Plebiscite
3) Peoples Initiative 12% + 3% plebiscite + full text of the proposed amendments
attached (may
be exercised for amendments only for the Constitution)
2. Ratification
The constitution provides that any amendment to be or revision shall be valid when
RATIFIED by a MAJORITY of the votes cast in a plebiscite held not earlier than 60
days nor later than 90 days after the approved of such change by the congress or
the constitutional convention or after the certification by the COMELEC of the
sufficiency of the petition under Section 2 (Art XVII, Sec 4)
H. Procedure in Amending 1987 Constitution
On February 25, 1986, as a result of the people power upheaval that deposed
Marcos, President Cory Aquino proclaimed a FREEDOM CONSTITUTION, to be effective
pending the adoption of a permanent constitution aimed at correcting the short
comings of the previous constitutions.
1. Proposal- President Corazon Aquino, in Proclamation 9, created a Constitutional
Commission composed of 50 members to be appointed by her and charged it to
frame a new character not later than September 2, 1986. All but ONE of those
appointed accepted and immediately undertook their mission under the
Presidency of Justice Celia Munoz Palma, formerly of the Supreme Court. The
members came from various sectors and represented diverse persuasions, which is
probably one reason why they could not meet their deadline and were able to
approve the final draft of their handwork only on October 15, 1986. By resolution of
the commission, it was commended to the president that the plebiscite on the
proposed constitution be scheduled, not within 60 days as originally provided, but
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GR 169815: Bureau of Fisheries and Aquatic Resources Employees Union vs. Commission
on Audit
Facts: On appeal are the Decision dated April 8, 2005 of respondent Commission on Audit
(COA) in LAO-N-2005-119 upholding the disallowance by the COA Legal and
Adjudication Office (COA-LAO), Regional Office No. VII, Cebu City of the P10,000.00 Food
Basket Allowance granted by BFAR to each of its employees in 1999, and COA Resolution
dated August 5, 2005, denying petitioners motion for reconsideration of said Decision.
Issue: Are Sections 9 and 10, Article II of the 1987 Constitution self-executing provisions?
HELD: No.
J.
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K. State
1. Definition: A state is 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 politic render habitual obedience.
2. Elements:
a. People- the inhabitants of the State.
b. Territory- Territory is the fixed portion of the surface of the earth inhabited by the
people of the State.
c. Government - Government is the agency or instrumentality through the will of the
State is formulated, expressed and realized.
d. Sovereignity- supreme and uncontrollable power to issue final commands
legal- make laws
political- to vote
Jurisdiction
The manifestation of sovereignty
a) Territorial - power of the State over persons and things within its territory subject to its control
and !protection.
b) Personal - power of the State over its nationals, which may be exercised by the state even if
the !individual is outside the territory of the State. (e.g. Art. 15 of the Civil Code)
c) Extraterritorial (Exterritoriality) - power of the State over persons, things or acts beyond its
territorial limits by reason !of their effects to its territory. (e.g. Embassies)
EMINENT DOMAIN
POWER OF TAXATION
It is an inherent
power of the state that
enables it to forcibly
acquire private property,
which is intended for
public use, upon the
payment
of
just
compensation. It is based
on political necessity; it is
inseparable
from
the
state unless it is denied to
it by its fundamental law.
Constitution 1 Notes
good character. It is the
courts of law that have
the power to determine
whether there is necessity
therefore. Also called the
power of expropriation,
eminent
domain
is
described as the highest
and most exact idea of
property remaining in the
government that may
be acquired for some
public purpose through a
method in the nature of
a compulsory sale to the
state.
obligation
of
the
government to protect
the
people
and
extend them benefits
in the form of public
projects and services.
Taxation is based on
necessity
and
the
reciprocal duties of
protection
and
support between the
state and those that
are subject to its
authority.
Regulates
Property Rights
Exercised by
Government only
Government only
Property taken
is
Wholesome because it
is intended for public
use
Compensation Intangible altruistic feeling that A full and fair equivalent
A full and fair
he has contributed to the of the property
equivalent of the
general welfare
expropriated or
property expropriated
protection and public
or protection and
improvements for taxes
public improvements
paid
for taxes paid
Similarities
1. May be exercised by it without the need of express constitutional grant
2. They are not necessary but indispensable
3. They are methods by which the state may interfere with private rights
4. They all presuppose an equivalent compensation for the private rights
interfered with
5. They are exercised primarily by the legislature
Differences
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Limitations
Constitution 1 Notes
B. NATIONAL TERRITORY
Archipelagic doctrine
Parts of the National Territory
1) The Philippine archipelago with all the islands and waters embraced therein; and
2) All other territories over which the Philippines has sovereignty or jurisdiction.
Constitution is municipal law and binds only the nation promulgating it. It will not be
binding internationally unless supported by international law.
Scope of national territory:
Archipelago
All other territories over which the Philippines has sovereignty or jurisdiction
Territorial sea, seabed, subsoil, and other submarine areas of (1) and (2)
Terrestrial, fluvial and aerial domains of (1) and (2)
What: Archipelago is a body of water studded with islands.
Where: Philippine archipelago delineated by Treaty of Paris
(as modified by Treaty of Washington and Treaty with Great Britain)
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Neither claims nor disregards Sabah, but asserts a legal situation in which Sabah can have a
place in Phil territory depending on outcome of current dispute.
Elements of Archipelagic principle:
Claim on internal waters irrespective of breadth and dimension
Straight baseline method of delineating territorial sea
Modes!of!Acquiring!Territory!
1. Discovery and Occupation
What can be validly acquired thru discovery and occupation?
Lands which are terra nullius or a land belonging to no one.
Doctrine of Effective Occupation
Discovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer.
For title to finally vest, discovery must be followed by effective occupation in a reasonable time
and attestation of the same. [NB: this is what Pres. Marcos did to claim KIG]
2. Cession by Treaty. Examples are Treaty of Paris, treaty between France and US ceding
Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter;
3. Prescription. Which is a concept under the Civil Code. Territory may also be acquired through
continuous and uninterrupted possession over a long period of time. However, in international
law, there is no rule of thumb as to the length of time for acquisition of territory through
prescription. In this connection, consider the Grotius Doctrine of immemorial prescription,
which speaks of uninterrupted possession going beyond memory.
4. Conquest or Subjugation (conquistadores) This is no longer recognized inasmuch as the UN
Charter prohibits resort to threat or use of force against the territorial integrity or political
independence of any state; and
5. Accretion. Another concept in the Civil Code. It is the increase in the land area of the State,
either through natural means, or artificially, through human labor.
Definition:
Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the riparian states, the boundary line is
laid on the middle of the main navigable channel.
Middle of the Bridge Doctrine
Where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge.
Bays and Gulfs
A Bay is a well-marked indentation whose penetration is in such proportion to the width of its mouth as
to contain land-locked waters and constitutes more than a curvature of the coast. Also referred to as
juridical bay. The area must be as large as, or larger than, a semi-circle whose diameter is a line drawn
across the mouth of such indentation, or if the mouth is less than 24 miles wide. e.g. Hudson Bay in
Canada, one whose waters are considered internal because of the existence of a historic title.
Straits
Narrow passageways connecting 2 bodies of water. If the distance between the 2 opposite coast is not
more than 6 miles, they are considered internal waters. In international law, when a strait within a
country has a width of more than six (6) miles, the center lane in excess of the three (3) miles on both
sides is considered international waters.
Canals
The most famous is the Suez Canal, which is neutralized, and the Panama Canal, which is open to
everyone in times of war or peace.
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Constitution 1 Notes
Archipelagic waters
Are the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the
coast.
Archipelagic State
A state made up wholly of one or two archipelagos. It may include other islands.
Straight Archipelagic Baseline
To determine the archipelagic waters, the state shall draw straight baselines connecting the outermost\
points of the outermost islands and drying reefs, provided that the ratio of the area of the water to the
area of the land, including atolls, is between 1:1 and 9:1. The length of such baselines shall not exceed
100 nautical miles, except up to 3% of the total number of baselines enclosing any archipelago may
exceed that length, up to a maximum 125 miles. The baselines drawn should not depart, to any
appreciable extent, from the general configuration of the archipelago. All the waters within the baselines
shall then be considered internal waters. The breadth of the 12-mile territorial sea, the contiguous zone,
the exclusive economic zone and the continental shelf shall then be measured from the archipelagic
baselines.
Vessels may be allowed innocent passage within the archipelagic waters, but this right may be
suspended, after publication, in the interest of international security. The coastal state may also designate
archipelagic sea lanes for continuous, unobstructed transit of vessels.
Territorial Sea
The belt of the sea located between the coast and the internal waters of the coastal state on the other
hand, and the high seas on the other, extending up to 12 nautical miles from the low-water mark, or in
the case of archipelagic states, from the baselines.
Baseline
Is a line from which the breadth of the territorial sea, the contiguous zone and the exclusive economic
zone is measured in order to determine the maritime boundary of the coastal state.
Types of baselines: a) Normal Baseline Method; b) Straight Baseline method (Philippines)
Contiguous Zone
Extends up to 12 nautical miles from the territorial sea; this shall not exceed 24 nautical miles from
the archipelagic baselines.
The coastal state may exercise limited jurisdiction over the contiguous zone:
1. To prevent infringement of customs, fiscal immigration or sanitary laws and regulations within its
territory or territorial sea; and
2. To punish infringement of the above laws and regulations committed within its territory.
Exclusive Economic Zone
Shall not extend beyond 200 nautical miles from the archipelagic baselines.
Continental shelf
It is the seabed and subsoil of the submarine areas extending beyond the Philippine territorial sea
throughout the natural prolongation of the land territory. It extends up to the outer edge of the continental
margin; or a distance of 200 nautical miles from the archipelagic baselines, whichever is the farthest.
The continental shelf does not form part of the Philippine territory. The Philippines has the sovereign
rights over the continental shelf for the purpose of exploring it and exploiting its natural resources.
High Seas
Treated as res communes, thus, not territory of any particular State. These are the waters which do
not constitute the internal waters, archipelagic waters, territorial sea and exclusive economic zones of a
state. They are beyond the jurisdiction and sovereign rights of States.
Freedom of navigation
Refers to the right to sail ship on the high sea, subject to international law and the laws of the flag of
the state.
Aerial Domain
This refers to the air space above the land and waters of the State (See Discussions under International Law)
Constitution 1 Notes
Prof. Merlin M. Magallona, Et. Al. V. Hon. Eduardo Ermita, Et. Al., G.R. No. 187167, August 6,
2011
This merely emphasizes the unity of lands and waters. It is a body of waters interconnected
with other natural features. Under the United Nation Convention on the Law of Sea
(UNCLOS), it consists of drawing imaginary baseline connecting the outermost islands of the
archipelago in which all internal waters and islands are considered as one integrated whole.
An archipelago is defined as group of islands, interconnecting waters and other natural
features which are so closely interrelated that such islands, waters and natural features form
an intrinsic geographical, economical and political entity, or which historically been
regarded as such.
Correlate this doctrine to the right of innocent of passage, right of arrival under stress and
UNCLOS requiring the designation of archipelagic seaways so that foreign vessels may pas
through an archipelago.
xxx 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.
This second sentence of Article I is not the Archipelago Doctrine. This is only our
restatement/reaffirmation of our adherence to the Archipelago Doctrine simply because we
are an archipelago consisting of 7,107 islands. It is essential for our national survival that we
adhere to the archipelago principle.
Is the Spratlys Group of Islands part of the Philippine Archipelago?
A: NO! Spratlys Group of Islands [a.k.a Kalayaan Island Group or KIG] is not part of the
Philippine Archipelago because it is too far away from the three main islands of the
Philippines. It is found, geographically, almost in the middle of the South China Sea.
Historically, when we talk about the Philippine Archipelago, we refer to those islands and
waters that were ceded by the Spain to the United States by virtue of theTreaty of Paris in
1898, and that did not include the Spratlys Group of Islands yet.
Under the treaty, the islands that were ceded by Spain were identifiedthe main islands
Luzon, Visayas and Mindanao. Clearly, it did not include the Spratlys Group of Islands.
Spratlys Group of Islands was only discovered sometime in the 1950s by a Filipino, Tomas
Cloma. The latter waived his rights over the islands in favor of the Philippine Government. In
effect, the government stepped into the shoes of the discoverer. What then President
Marcos did the moment Tomas Cloma waived his rights over the Spratlys Group of Islands, is
to have the islands immediately occupied by Philippine troops. He then issued PD 1596,
constituting the Spratlys Group of Islands as a regular municipality claiming it the Municipality
of Kalayaan placing it under the Province of Palawan, and then he had the elections
immediately held in the islands so from that time on until now, we continue to hold elections
there. The Philippine exercises not only jurisdiction but also sovereignty over the Spratlys
Group of Islands, yet it is not part of the Philippine Archipelago. Geographically, it is too far
away from the Philippine Archipelago.
On May 20, 1980, the Philippines registered its claim with the UN Secretariat.The Philippine
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C. State Immunity
1. Legal Basis
The State may not be sued without its consent (Art. XVI, Sec. 3, 1987 Constitution).
2. Scope
a. Foreign states
b. National government
c. Government agencies: GOCC and unincorporated
d. Local government
e. Special agent
3. When is a suit against the state?
a. It is against the state when the republic is impleaded as defendant by name or
when the suit is against an unincorporated agency of the government
b. the suit is against public officer for his official acts is in effect a suit against state if its
purpose to hold the state ultimately liable
4. Reasons or bases of the Doctrine
The non-suability of the state is based on the logical and practical ground that there
can be no legal right against the authority which makes the law on which the right
depends (Justice Holmes).
The demands and inconveniences of litigation will divert the time and resources of the
State from the more pressing matters demanding its attention to the prejudice of the
public welfare.
5. When are suits against the state permissible?
The State may be sued if it gives its consent.
Forms of Consent
1. Expressed consent.Expressed consent may be manifested either through a
general law or special law.
2. Implied consent.Implied consent is given when the State itself commences
litigation or when it enters into a contract. It may also be with a
waiver, injustice, or quantum merit
6. Execution of judgement of the state
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To our Supreme Court, however, the distinction between the two is not relevant
in our jurisdiction. Such distinction has been blurred because of the repudiation
of the laissez faire policy in the Constitution.
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Section 4. The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal military or civil service.
Defense of state is no longer prime duty of government.
Provisions in 1935 and 1973 led to interpretations that justified a national
security state offensive to the people
Present version places emphasis on service to and protection of the people
Under conditions provided by law emphasizes primacy of serving the interest of
the people and protecting their rights even when there is need to defend the
state.
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STATE POLICIES
State policies are not laws, but exhortations on government.
Section 7. The State shall pursue an independent foreign policy. In its relations with
other states the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.
Independent foreign policy; paramount consideration to
(1) National sovereignty
(2) Territorial integrity
(3) National Iterest
(4) Self-determination
Section 8. The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
Freedom from nuclear weapons includes prohibition not only of the possession,
control, manufacture of nuclear weapons but also nuclear arms tests
Not an absolute prohibition, but any exception must be justified by the demands
of national interest
Does not prohibit peaceful uses of nuclear energy nor nuclear medicine
Section 9. 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 an improved quality of life for all. (non self-executing:
BFAR case)
Section 10. The State shall promote social justice in all phases of national
development.
Underlying premises: poverty and gross inequality are major problems besetting
the nation and that these problems assault the dignity of the human person
Social justice: equalization of political, economic and social opportunities with
emphasis on the duty of the state to tilt the balance of social forces by favoring the
disadvantaged in life.
Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.
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Section 13. The State recognizes the vital role of the 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.
Education: primary and natural right belongs to the parents.
State has secondary and supporting role.
Section 14. The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.
Does not repeal inequalities found in the Civil Code and jurisprudence
Gives impetus to removal through statutes of existing inequalities
General idea is for the law to ignore sex when it is not a relevant factor in
determining rights and duties
Not meant to ignore customs and traditions
Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.
Section 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.
Provides an enforceable right
Section 17. 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.
Section 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
Labor has primacy over the non-human factors of production
Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
Guide to interpreting provisions on the national economy and patrimony. Any
doubt must be resolved in favor of self-reliance and independence and in favor of
Filipinos
Section 20. The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed investments.
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Constitution 1 Notes
Section 21. The State shall promote comprehensive rural development and agrarian
reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community- based, or
sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in
nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
Purpose is to give substance to the desire for the equalization of political
opportunities
Definition of political dynasties left to legislature
Section 27. The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts
and implements a policy of full public disclosure of all its transactions involving
public interest.
F. Separation of Powers
The doctrine is observed in our country not only because it is regarded as a
characteristic of
republicanism but also for the reason that the major powers of government are
actually distributed by the Constitution among the several departments and the
Constitutional Commissions.
G. Purpose
Doctrine of separation of powers is intended to prevent a 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 our republican institutions.
According to Justice Laurel (Pangasinan Transportation Co. vs. PSC):
o Secure action
o Forestall overaction
o Prevent despotism
o Obtain efficiency
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J. Delegation of Powers
DELEGATION TO THE PEOPLE
Referendum.It is defined as a method of submitting an important legislative
measure to a direct vote of the whole people.
Plebiscite.It is intended to work more permanent changes in the political structure,
like a proposal to amend the Constitution.
DELEGATION TO LOCAL GOVERNMENTS
The local legislatures are more knowledgeable than the national lawmaking body
on matters of purely local concern and are therefore in a better position to enact
the necessary and appropriate legislation thereon.
DELEGATION TO ADMINISTRATIVE BODIES
Administrative agencies 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.
This is effected by their promulgation of what are known as supplementary
regulations, such as the implementing rules issued by the Department of Labor on the
Labor Code.
K. Forms of Government
Forms of government are sets of constitutional institutions by which states are
organized.
Governments can be classified into several types. Some of the
more common types of governments are:
1. Democracy
The word "democracy" literally means "rule by the people." In a
democracy, the people govern.
2. Republic
A literal democracy is impossible in a political system containing
more than a few people. All "democracies" are really republics. In a
republic, the people elect representatives to make and enforce
laws.
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Constitution 1 Notes
3. Monarchy
A monarchy consists of rule by a king or queen. Sometimes a king is
called an "emperor," especially if there is a large empire, such as
China before 1911. There are no large monarchies today. The
United Kingdom, which has a queen, is really a republic because
the queen has virtually no political power.
4. Aristocracy
An aristocracy is rule by the aristocrats. Aristocrats are typically
wealthy, educated people. Many monarchies have really been
ruled by aristocrats. Today, typically, the term "aristocracy" is used
negatively to accuse a republic of being dominated by rich
people, such as saying, "The United States has become an
aristocracy."
5. Dictatorship
A dictatorship consists of rule by one person or a group of people.
Very few dictators admit they are dictators; they almost always
claim to be leaders of democracies. The dictator may be one
person, such as Castro in Cuba or Hitler in Germany, or a group of
people, such as the Communist Party in China.
6. Democratic Republic
Usually, a "democratic republic" is not democratic and is not a
republic. A government that officially calls itself a "democratic
republic" is usually a dictatorship. Communist dictatorships have
been especially prone to use this term. For example, the official
name of North Vietnam was "The Democratic Republic of
Vietnam." China uses a variant, "The People's Republic of China."
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Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.
Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least thirty-five years of age, able to read and write, a
registered voter, and a resident of the Philippines for not less than two years immediately
preceding the day of the election.
Section 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election. No
Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of his service
for the full term of which he was elected.
Section 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided
by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.
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Constitution 1 Notes
(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
Section 6. No person shall be a Member of the House of Representatives unless he is a naturalborn citizen of the Philippines and, on the day of the election, is at least twenty-five years of
age, able to read and write, and, except the party-list representatives, a registered voter in the
district in which he shall be elected, and a resident thereof for a period of not less than one
year immediately preceding the day of the election.
Section 7. The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election. No Member of the House of Representatives shall serve for more
than three consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term for which he
was elected.
Section 8. Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.
Section 9. In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the Senator
or Member of the House of Representatives thus elected shall serve only for the unexpired
term.
Section 10. 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.
Section 11. A Senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No Member shall be questioned nor be held liable in any other place
for any speech or debate in the Congress or in any committee thereof. (Parliamentary
Immunity)
Section 12. All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business interests. They shall
notify the House concerned of a potential conflict of interest that may arise from the filing of a
proposed legislation of which they are authors. (Conflict of Interest)
Section 13. 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
without forfeiting his seat. 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.
(Incompatible and Forbidden offices)
Section 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
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contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, 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.(Inhibition and Disqualification)
Section 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session 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. The President may call a special
session at any time.
SECTION 16. (1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members. (Quorum And Voting Majorities)
Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, 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 provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed sixty days.
(4) Each House shall keep a 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.
(5) 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.
SECTIONS 17-19: ELECTORAL TRIBUNALS AND THE COMMISSION OF APPOINTMENTS
SECTION 17. The Senate and the House of Representatives shall each have an Electoral
Tribunal, which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
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Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the
Congress from their submission. The Commission shall rule by a majority vote of all the
Members.
SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have been organized
with the election of the President and the Speaker. The Commission on Appointments shall
meet only while the Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon it.
SECTION 20. The records and books of accounts of the Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to and
expenses incurred for each Member.
SECTION 21. 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 of
procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules 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 and the President so states in writing, the
appearance shall be conducted in executive session.
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a state of
war.
(2) 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 the next adjournment
thereof.
SECTIONS 24, 25, 28, and 29: LIMITATIONS ON REVENUE, APPROPRIATION AND TARIFF MEASURES
SECTION 27: PRESIDENTIAL VETO AND CONGRESSIONAL OVERRIDE
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.
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SECTION 25. (1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form, content,
and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein. Any such provision or enactment
shall be limited in its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised by
a corresponding revenue proposed therein.
(5) 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 appropriations law for their respective offices from savings
in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.
(7) 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 re-enacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.
SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.
(2) 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 when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a
bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections
at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and the names of the Members voting for
or against shall be entered in its Journal. The President shall communicate his veto of any bill to
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the House where it originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve
a progressive system of taxation.
(2) 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.
(3) Charitable institutions, churches and parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority
of all the Members of the Congress.
SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
(2) 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 such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a special
fund and paid out for such purpose only. If the purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.
SECTION 31. No law granting a title of royalty or nobility shall be enacted.
SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and
enact laws or approve or reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.
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Constitution 1 Notes
in the public service. It is also different from a commission, which refers to the written evidence of
the appointment.
COMMISSION ON APPOINTMENTS CONFIRMATION
The President shall nominate and , with the consent of the Commission on Appointments, appoint:
a. Heads of executive departments (SEC 16, ART 7)
b. Ambassadors and other public consuls (id)
c. Officers of the AFP from the rank of colonel or naval captain (GR 79974)
d. Officers whose appointments are vested in him by the constitution
d.1 regular members of the judicial and bar council (Sec 2, Art 7)
d.2 chairmen and members of the constitutional commissions (Sec 1, Par 2, Article 9) and
d.3 sectoral representatives
MIDNIGHT APPOINTMENTS
Midnight appointments are appointments made by a President within 2 months before the
next presidential elections and up to the end of his term (ART 7, SEC 15)
POWER OF REMOVAL
The general rule is that from the express power of appointment, the President derives the
implied power of removal (Cruz. Philippine Political law, 2002, p209) Exceptions to this rule are
those appointed by him where the Constitution prescribes certain methods for separation from
public service.
POWER OF CONTROL AND SUPERVISION
Control is the power of an officer to alter or modify or nullify or set aside what a subordinated
officer had done in the performance of his duties to substitute the judgement of the former for
that of the latter. On the other hand, supervision is the power authority of an office to see that
subordinate officers perform their duties, and if the latter fail or neglect to fulfil them, then the
former may take such action or steps as prescribed by law
DOCTRINE OF QUALIFIED POLITICAL AGENCY
Under this doctrine, which recognizes the establishment of a single executive, all executive
and administrative organizations are adjuncts of the Executive Department, the heads of the
various executive departments are assistants and agents of the Chief Executive, and, except in
cases where the Chief Executive is required by the Constitution or law to act in person on the
exigencies of the situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the executive
departments, and the acts of the Secretaries of such departments, performed and promulgated
in the regular course of business, are, unless disapproved or reprobated by the Chief Executive
presumptively the acts of the Chief Executive -Antonio Carpio vs Executive Secretary (G.R. No.
96409)
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