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Qualifications. -
(a) The applicant must be born in the Philippines and residing therein since
birth;
(b) The applicant must not be less than eighteen (18) years of age, at the
time of filing of his/her petition;
(c) The applicant must be of good moral character and believes in the
underlying principles of the Constitution, and must have conducted
himself/herself in a proper and irreproachable manner during his/her entire
period of residence in the Philippines in his relation with the duly constituted
government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary
education in any public school or private educational institution duly
recognized by the Department of Education, where Philippine history,
government and civics are taught and prescribed as part of the school
curriculum and where enrollment is not limited to any race or nationality:
Provided, That should he/she have minor children of school age, he/she must
have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful
occupation, from which he/she derives income sufficient for his/her support
and if he/she is married and/or has dependents, also that of his/her family:
Provided, however, That this shall not apply to applicants who are college
degree holders but are unable to practice their profession because they are
disqualified to do so by reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the
dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere
desire to learn and embrace the customs, traditions and ideals of the Filipino
people.
9. How citizenship may be lost.-- A Filipino citizen may lose his citizenship in
any of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship or expatriation;
(3) By subscribing to an oath of allegiance to support the Constitution or laws
of a foreign country upon reaching the age of majority; Provided, however,
That a Filipino may not divest himself of Philippine citizenship in any manner
while the Philippines is at war with any country.
(4) By rendering service to or accepting commission in the armed forces of a
foreign country.
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted;
(7) (Under the Art. IV, Sec. 4. 1987 Constitution) Citizens of the Philippines
who marry aliens, who by their act or omission they are deemed, under the
law, to have renounced their Philippine citizenship.
(a) The yeas and nays on third and final reading of a bill [Art. VI, Sec. 26(2)];
(b) Veto message of the President (i.e., his objection to a bill when he vetoes
it) [Art. VI, Sec. 27(1)];
(c) The yeas and nays on the repassing of a bill vetoed by the President (Art.
VI, Sec. 27(1)];
(d) The yeas and nays on any question at the request of 1/5 of the members
present [Art. VI, Sec. 16(4)]
And thirdly, the Constitution further mandates that the rights of witnesses
appearing in or affected by such inquiries must be respected
25. What are the types of bills as stipulated in section 24 of art. VII
An appropriation bill is one the primary and specific purpose of which is to
authorize the release of funds from the public treasury.
A revenue bill is one that levies taxes and raises funds for the gvernment,
while a tariff bill specifies the rates or duties to be imposed on imported
articles.
A bill increasing the public debt is illustrated by one floating bonds for public
subscription redeemable after a certain period.
A bill of local application is one involving purely local or municipal matters,
like a charter of a city.
Private bills are illustrated by a bill granting honorary citizenship to a
distinguished foreigner.
a. 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.
b. Each local government unit shall have the power to create its own sources
of revenues and to levy taxes, fees and charges subject to such guidelines
and limitations as the Congress may provide, consistent with the basic policy
of local autonomy. Such taxes, fees, and charges shall accrue exclusively to
the local governments. (Sec 5, Art X)
c. The taxing power may also be exercised by the President as part of his
emergency powers.
30. A vacancy in the Presidency arising from his disability can occur as
follows:
1. A written declaration by the President
2. Written declaration by the Cabinet
3. Finding by Congress by 2/3 vote that the President is disabled
31. There are four (4) groups of officers whom the President shall appoint.
These four (4) groups, to which we will hereafter refer from time to time, are:
First, the heads of the executive departments, ambassadors, other public
ministers and consuls, 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;
Second, all other officers of the Government whose appointments are not
otherwise provided for by law;
Fourth, officers lower in rank whose appointments the Congress may by law
vest in the President alone.
33. emergency powers granted to the President are subject to these certain
conditions:
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such restrictions as the Congress may
prescribe.
(4) The emergency powers must be exercised to carry out a national policy
declared by Congress.
36. Qualifications Member of the Supreme Court or any lower collegiate court
No person shall be appointed Member of the Supreme Court unless he
- is a natural-born citizen of the Philippines.
- at least forty years of age,
- and must have been for fifteen years or more, a judge of a lower court or
engaged in the practice of law in the Philippines
38. under the Rules of the Presidential Electoral Tribunal, an election protest
may be summarily dismissed, regardless of the public policy and public
interest implications thereof, on the following grounds:
(1) The petition is insufficient in form and substance;
(2) The petition is filed beyond the periods provided in Rules 14 and 15
hereof;
(3) The filing fee is not paid within the periods provided for in these Rules;
(4) The cash deposit, or the first P100,000.00 thereof, is not paid within 10
days after the filing of the protest; and
(5) The petition or copies thereof and the annexes thereto filed with the
Tribunal are not clearly legible
Regular
A representative of the Integrated Bar,
A professor of law,
A retired Member of the Supreme Court, and
A representative of the private sector.
43. What Are the limitations to the Congress power to exercise legislative
power?
1. The right to a hearing, which includes the right to present ones case
and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. Evidence supporting the conclusion must be substantial.
5. The decision must be based on the evidence presented at the hearing
or at least contained in the record and disclosed to the parties affected.
6. The tribunal or body or any of its judges must act on its or his
own independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at a
decision.
7. The board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved and the reasons for the decision rendered.
1. Congress
2. Executive, pursuant to legislation enacted by Congress
56. who will be the successor in times when Both President and Vice-
President die, become permanently disabled, are impeached, or resign.
1. Senate President or
2. In case of his inability, the Speaker of the House shall act as President
until the President or VP shall have been elected and qualif
57. offices that cannot be appointed to the Presidents Spouse and 4th degree
relatives (consanguinity or affinity) during his tenure
1. Members of the Constitutional Commissions;
2. Office of the Ombudsman;
3. Department Secretaries;
4. Department under-secretaries;
5. Chairman or heads of bureaus or offices including GOCCs and their
subsidiaries.
a. people
b. territory
c. government
d. sovereignty
2) Thus, generally the acts of these department heads, etc, which are
performed and promulgated in the regular course of business, are
presumptively the acts of the President.
62. Whenever necessary, what instances shall the President call out the AFP
to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
1. Invasion or
2. Rebellion; and
3. Public safety requires it.
3.) Each House may choose such other officers as it may deem necessary.
2) It should be EQUITABLE
4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare
a) Charitable institutions
c) Mosques
75. SC has APPELLATE jurisdiction over final judgments and orders in what
cases?
a. All cases involving the constitutionality or validity of a certain provision of
the law
b. All cases involving the legality of any penalty imposed
2. Thus, vested rights may have been acquired under such law before it was
declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law
is unconstitutional.
3) Naturalization the legal act of adopting an alien and clothing him with
the privilege of a native-born citizen.
2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
1) Historical heritage
2) Cultural heritage
3) Economic and social structures,
1.) Ombudsman/Tanodbayan
3.) At least one Deputy each for Luzon, Visayas and Mindanao
5.) Must not have been candidate for any elective office in the immediately
preceding election
6.) For Ombudsman: He must have been for ten years or more
1.) Cannot hold any other office or employment during his tenure
1.) President
2.) Vice-President
7.) Ombudsman
96. the officials mentioned in the preceding number cannot obtain, directly
or indirectly for BUSINESS PURPOSES:
1. Loans
2. Guarantees
3. Other forms of financial accommodation
5) The CHR is not of the same level as the COMELEC, CSC, or COA.
3) Cite for contempt for violations of its rules, in accordance with the Rules
of Court.
4) Provide appropriate legal measures for the protection of the human rights
of all persons, within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need protection.
5) Exercise visitorial powers over jails, prisons and other detention facilities.
10) Request assistance from any department, bureau, office, or agency in the
performance of its functions.
12) Perform such other functions and duties as may be provided for by law