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A. National territory
The national territory comprises the Philippines 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, and other submarine areas. 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. (Article I, 1987 Constitution)
ARCHIPELAGIC DOCTRINE
TERRITORY
Manifestation of Republicanism
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DOCTRINE OF INCORPORATION
DOCTRINE OF TRANSFORMATION
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NOTE: Even though the legislature can declare an existence of war and
enact measures to support it, the actual power to engage in war is
lodged, nonetheless, in the executive.
CIVILIAN SUPREMACY
Means that civilian authorities is, at all times, supreme over the
military (CONST., Art. II, Sec. 3). The principle is based on the fact
that “sovereignty resides in the people and all government
authority emanates from them” (CONST. Art. II, Sec. 1).
The State values the dignity of every human person and guarantees
full respect for human rights (CONSTI. Art. II, Sec. 11). As the
government is the chief guarantor of order and security, the
Constitutional guarantee of the rights to life, liberty and security of
person is rendered ineffective if the government does not afford
protection to these rights especially when they are under threat
(Razon v. Tagitits, G.R. No. 182498, December 3, 2009).
C. Separation of Powers
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E. State immunity
The State may not be sued without its consent (CONST., Art. XVI,
Sec. 3). The rationale behind this is that there can be no legal right
against the authority which makes the law on which the right
depends (Department of Health v. Phil Pharmawealth, G.R. No.
182358, February 20, 2013)
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GR: All states are sovereign equals and cannot assert jurisdiction over one
another, consonant with the public international law principle of par
inparem non habet imperium. A contrary disposition would “unduly vex
the peace of nations.”
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A. Legislative power
Requisites:
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1. SENATE
The Senate shall be composed of twenty four (24) Senators who shall
be elected at large by the qualified voters of the Philippines, as may be
provided by law (CONST., Art. VI, Sec. 2)
The term of office of the Senators shall be six (6) years and shall
commence, unless otherwise provided by law, at noon on the 30th of
June next following their election. No Senator shall serve for more than
two (2) consecutive terms. Voluntary renunciation of 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
(CONST., Art. VI, Sec. 4).
2. HOUSE OF REPRESENTATIVES
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b. Party-list Representatives
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Grants the legislators the privilege from arrest while Congress is “in
session” with respect to offenses punishable by NOT more than six (6)
years of imprisonment. (1987 Constitution, Art. VI, Sec. 11), whether or
not he is attending the session. (People v. Jalosjos, G.R. Nos. 132875-76,
Feb. 3, 2000)
It is not for the benefit of the officials; rather, it is to protect and support
the rights of the people by ensuring that their representatives are doing
their jobs according to the dictates of their conscience and to ensure
the attendance of Congressman.
LEGISLATIVE PRIVILEGE
1. Protection is only against the forum other than the Congress itself.
Thus, for defamatory remarks, which are otherwise privileged, a
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D. Discipline of Members
Each house may punish its members for disorderly behaviour and with
concurrence of 2/3 of all its members, suspend, for not more than sixty
(60) days, or expel a member. (1987 Constitution, Art. VI, Sec. 16, par.
3)
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Thus, the order of suspension in the Anti-Graft Law is distinct from the
power of the Congress under the Constitution to discipline its own
ranks. (De Venecia Jr., v. Sandiganbayan, G.R. No. 130240, Feb. 5, 2002)
E. Process of law-making
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The heads of the 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 3 days before their
scheduled appearance.
I. Power of impeachment
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The House of Representatives shall have the power to initiate all cases
of impeachment (CONST., Art. XI, Sec. 3, par. (1)). The Senate shall have
the sole power to try and decide all cases of impeachment (CONST., Art.
XI, Sec. 3, par. 6) The President, Vice President, the members of the
Supreme Court, the Members of the Constitutional commissions, and
the Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust
(CONST., Art. XI, Sec. 2)
J. Electoral Tribunals
Acts as the sole judge of all contests relating to the elections, returns
and qualifications of the respective members of each House.
COMPOSITION:
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The CA 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.
PEOPLE’S INITIATIVE
Note: R.A. No. 6735, also known as the “People’s Initiative and
Referendum Act”, is incomplete, inadequate, or wanting in essential
terms and conditions insofar as initiative on amendments to the
Constitution is concerned (Santiago v. COMELEC, G.R. No. 127325,
March 19, 1997)
REFERENDUM
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CLASSES OF REFERENDUM
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